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I was recently stopped for an expired registration which if I'm correct right now is not even stoppable offense due to covid-19 and subsequently pulled out and surendered marijuana from my person to the officer he then without saying anything else to be watching his car got gloves one over to... View More
answered on Feb 12, 2021
You're best legal challenge would be the reason for the initial detention. In Texas a police officer has to have reasonable suspicion that a traffic violation has occurred to pull over a vehicle. If the only reason the officer had to pull you over was the expired registration sticker it may... View More
insurance and her mothers rent and taxes. They split and she only allowed him 1 hour on Sunday to see them and only what she said they can do. Now its at 2 hours but he has not seen them in 10 months. He try to call them at the assigned time she gave them but has instructed boys they dont have to... View More
answered on Feb 10, 2021
Your son needs to hire an attorney to file a suit affecting the parent-child relationship. This will give him an enforceable order regarding visitation and child support. If the mother does not follow the court's order the Judge has the option to give your son extra visitation days to make up... View More
Do I need a lawyer and how much will it cost?
answered on Jan 28, 2021
Your 11 month wait for a disability decision from Social Security is about what I have been experiencing with my clients' cases since COVID. You can either call Social Security and ask about the status of your case or you can go to My Social Security and check for updates online.
I... View More
Do you have to have PTO or are they supposed to still pay you.
answered on Jan 27, 2021
The mandatory provisions of the Families First Coronavirus Response Act expired on December 31, 2020. Therefore, if you contracted COVID-19 and were out of work after that date, then your employer would not be required to provide paid sick leave under the Act. However, if this occurred in 2020,... View More
My father, who has previously been diagnosed with dementia/alzheimers, is recovering from covid and is having complications. He seems to be having stroke or heart attack symptoms after testing negative and the nursing home he is in isn't fully equipped to handle his recovery in my opinion. The... View More
answered on Jan 12, 2021
The only way you can obtain power of attorney to act for your father is if he is capable of giving it, and does so. A guardianship requires court action, after proof that your father is unable to make his own decisions. (BTW, "Power of Attorney" refers to the document, not the person,... View More
My step daughters mother and her boyfriend tested positive for COVID. My stepdaughter who lives with them majority of the time tested negative in which my husband and I suggested she not stay with her mother if she is negative. But her mom refuses and says she will quarantine with her. She... View More
answered on Jan 1, 2021
This is a unique problem related to the COVID situation. The Texas Supreme Court has issued a general order that parents are to follow the underlying order regardless of lockdowns and school closures. If a parent wants to deviate from the current order - for any reason including a positive COVID... View More
I was informed I had been exposed to the virus. When I told employer they said go home and quarantine immediately for two weeks and get tested. After receiving negative results I contacted immediate supervisor via text. After no response I contacted the owners wife via text stating when I would be... View More
answered on Dec 30, 2020
It sounds like your employer may have violated the Emergency Paid Sick Leave Act of the Families First Coronavirus Response Act. Subject to some exceptions, employers with less than 500 employees are required to make 80 hours of paid sick leave available for full-time employees, and the equivalent... View More
I am going to file for SSDI. Should I apply for unemployment so that I can have income while waiting to hear if I qualify for SSDI? I think I may qualify with a grid rule. I received Workman's Comp for 2 years.
answered on Dec 24, 2020
Yes, you can apply and receive unemployment benefits while you apply for SSDI benefits. It is a practical approach. Be aware, however, that there is a contradiction in getting both benefits since unemployment requires you to be ABLE to work and actively look for work, and SSDI approval requires... View More
answered on Dec 22, 2020
This is a question coming across a lot of lawyer's desks, but there doesn't seem to be a strict answer yet. Maybe you and your landlord can agree to only do virtual showings. Check your contract to see if it says how and when they can show the house.
You may want to hire an... View More
Bankruptcy since 2018, never missed a payment. Been doing it successfully, but since covid and working directly with covid patients I cannot get extra work since I'm constantly exposed. So I have not been able to get extra work. Now I cant pay my insurance, pay my utilities or my gas to keep... View More
answered on Dec 15, 2020
If you have been in bankruptcy since 2018 it sounds like you filed under Chapter 13. A chapter 13 bankruptcy can typically be voluntarily dismissed at any time. Although before you dismiss you might explore seeing if you can modify your plan and possibly lower the payment. Under the CARES act, you... View More
Judge made rulings (eviction) against petitioner in domestic violence case without any filed legal actions in court (cross- complaint) against petitioner . How often judge made rulings and charges against petitioner without filed legal actions(cases) in court?
answered on Dec 5, 2020
In general, a judge might deny a petition that was somehow defective. For example, if the court lacks jurisdiction, or the petition did not state a cause of action, or that it didn't show that the petitioner was entitled to relief.
Evictions are paused in some jurisdictions because of... View More
Ex is trying to take me to court for a baby I didn’t know she was having in 2019 and it’s been over a year I just got a letter about court during the pandemic. what can I do to have the case dropped?
answered on Dec 3, 2020
You should hire an attorney to assist you.
If you do not answer the lawsuit timely she will get a default judgment against you. Which means she gets what she is asking for.
You need to get a DNA test to see if the child is yours.
If the child is not yours the case will be... View More
His dad,worth about 2 mill plus property etc is suddenly been moved into his brothers name and is there laws against this. If hes executor, isn't it his responsibility to provide probate details? . My husband is a jr & he was in the will for sure. His brother wont give him a copy of the... View More
answered on Nov 26, 2020
A Will has no legal effect until it is submitted for probate. It then becomes a public document. Check with the local probate court. If the Will has not been submitted for probate, hire a local probate lawyer to review the "deeds" and file an application to determine heirship and... View More
Because of COVID 19 it is taking a long time for paperwork to be prepared. My contract is good though end of this month. What happens if he doesn’t sign extension before he dies?
answered on Nov 23, 2020
If the Seller dies before the extension is signed or the sale closes, then you won't be able to close until someone is appointed by the Probate Court to act for the Seller - either an executor of the will, or administrator of the estate.
If the closing date has already passed, and... View More
I'm not qualified for paid sick days until I complete a year with the company. I've been with them for a total of 9 months.
answered on Nov 19, 2020
The Families First Coronavirus Response Act requires employers up to 500 employees to provide paid sick leave if you contract the virus. If you have been with the company for at least 30 days prior to taking the leave, you should qualify for the paid leave.
She is concerned about contracting the virus and endangering her children and elderly parents. Her job roles only include interaction with patients at check-in from behind protective glass with a mask and scheduling appointments over the phone. No additional compensation is offered and if she... View More
answered on Nov 19, 2020
If an employee contracts the virus or is seeking a diagnosis regarding whether they have the virus, the Families First Coronavirus Response Act requires employers with up to 500 employees to provide paid sick leave for any time off taken up to 12 weeks. It sounds as though your wife works for a... View More
Also,once arrested, they placed him in maximum security at the jail in Houston, TX. He states that there was no violence or verbal threat, etc. whatsoever. He doesn't understand why he has been placed there and OF COURSE, they won't tell him.
answered on Nov 17, 2020
Thanks for your question. Since COVID, we have seem some strange things in county and other jail facilities in Texas. Although no one can answer you for sure, you should get some answers by hiring a local lawyer. Blessings!
My question has been answered. Thank you!
answered on Oct 18, 2020
You guys should probably sit down and have a rational conversation about a schedule that would be less stressful for him. If you guys come to an agreement, you can hire an attorney to turn your agreement into a legally binding court order.
If you guys cannot come to an agreement you can... View More
The defendant was having a paranoid schizophrenic bipolar episode. He is on medication and doctors care and attending Alta Pointe. However due to the pandemic they were not meeting with him in person due to this pandemic. His fears are real to him.
answered on Oct 15, 2020
Please clarify the question. A defendant being found guilty of anything implies that either that he entered a plea of guilty or no contest or that the prosecuion proved every element of their case beyond a reasonable doubt.
Most, but not all, offenses require some sort of "culpable... View More
Eight years ago, my husband (now 80 years old) and I (71 years old) bought a second house for our adult daughter to live in. Her disabilities are getting worse and I now live with her to help. My husband lives in our original home a mile away. The increases in property taxes here in Tarrant... View More
answered on Oct 12, 2020
A quit claim deed does not transfer title.
But a spouse can gift another spouse using either a General Warranty Deed or a Special Warranty Deed, depending on whether the underlying deed is a General Warranty Deed or a Special Warranty Deed.
You do need a lawyer to draft the deed... View More
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