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COVID-19 Texas Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: Is it typically positive for a defendant if the court lowers their bail without them asking?

Is it typically positive (in terms of a defendant's case) for a defendant if the court lowers their bail without them asking? For example, if a bail on a charge of misdemeanor theft enhanced to a SJF or another SJF crime goes from $3,000 to $750, notwithstanding covid-19.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jul 28, 2020

It is typically better to be OUT of jail than in jail so making it easier to get out is generally positive. A person is less likely to accept a bad plea deal when they are out of jail.

However, if they are trying to push people out faster because the jail is full of COVID well that's...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Quarantine for 14 days

Have 50/50 agreement with my ex. She has been exposed to several people testing positive and continues to take my son around them. Can I keep him for 14 days without being in contempt.

Rick  Davis
Rick Davis
answered on Jul 13, 2020

The Texas Supreme Court issued an order in March stating that parents should follow their possession schedules as if their children will still attending school. That being said, they have not issued a blanket order governing situations where one or both parents have COVID-19. Your best option is... View More

1 Answer | Asked in Employment Law for Texas on
Q: Is it legal for an employer to not pay workers that are working from home due to COVID who’s system is not working?

Everyone at my job was sent to work from home. However their temporary work from home equipment has been causing issues to where some workers cannot clock in. They are not paying workers even though it is a company issue.

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 7, 2020

Under the Fair Labor Standards Act, the general rule is that you must be paid for all hours you spend performing work for the company, but you need not be paid for time that you're not performing work. So, the answer to your question will depend on whether you still performed work on days you... View More

1 Answer | Asked in Contracts, Employment Law, Constitutional Law and Employment Discrimination for Texas on
Q: Discrimination during COVID 19 and sexual harassment

I was furloughed for COVID 19, and my employer said for 2 months he couldn’t afford to call me back to work. All the men in my department were back and working the whole 2 months I was gone. Now he is offering me a lower pay rate and is putting me in another department, and replaced my shift with... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 9, 2020

It sounds like you may have a claim for sex discrimination under Title VII of the Civil Rights Act of 1964. To establish this claim, you have to prove you were qualified for your original job, you suffered an adverse employment action (a pay cut or demotion to a less favorable or prestigious job... View More

3 Answers | Asked in Criminal Law for Texas on
Q: Can my theft case get thrown out since I been waiting to get a arraignment date in court. Been waiting since 1-13-20 .

Hello I was arrested at Walmart with a co-defendant and I have not step foot in a court since my arrested date 1-13-20. I wanted to know is that a civil right violation or a constitution violation since I have not been arraigned or formally charge with anything in front of a judge. Should the... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 9, 2020

The courts have repeatedly ruled that the Sixth Amendment contains no right to a Speedy Indictment. That said, courts have occasionally found a Due Process violation when an indictment was intentionally delayed with the specific purpose of harming the defendant. That would require a really rare... View More

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Should we call CPS on ourselves after being sued for custody?

My husband and I have a 5 mo old baby. For a few reasons he has spent a significant amount of time with my parents. We are the guardians of my special needs brother-in-law and he developed some aggression and we needed to work with doctors to fix (which we have and it's no longer an issue... View More

Rick  Davis
Rick Davis
answered on Jun 7, 2020

A person has a statutory obligation to call CPS and make a report if he or she has reason to believe that a child has been abused. From what you describe, you are asking if you should call because your child has not been abused. In such a case, you do not have an obligation to report, and you... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Can EAD clock stops because of covid-19

Can EAD clock stops because of covid-19.

Victoria Ledeneva
Victoria Ledeneva
answered on Jun 2, 2020

No. EAD clock does not stop because of covid-19. If you applied for asylum at least 150 days ago and still have not received an initial decision on your asylum application, you can file form I-765 and supporting documents with USCIS to request your Employment Authorization Document (EAD).

1 Answer | Asked in Probate for Texas on
Q: My ex husband in Texas pass away. He has 3 adult children and they cannot find a will. His dad hold the mortgage on the

house. Dad purchased house for son & daughters, son was supposed to pay on it for 10 years then get a note to pay it off in his own name. He got sick about the time the note was due. So we know the house should default back to his dad. Question, can his dad take actions to put locks on the... View More

John Wesley Urquhart
John Wesley Urquhart
answered on May 28, 2020

You need to see if there was a written contract. There are many other questions that need to be answered. Check with the county clerk to see if they have a copy of the will. Sometimes a copy of the will can be found in a safe deposit box at the bank. If you know of the attorney who prepared the... View More

1 Answer | Asked in Traffic Tickets for Texas on
Q: The police officer put Covid 19 as my name on my speeding ticket. Am I still liable? And why would he do that?
Grant St Julian III
Grant St Julian III
answered on May 22, 2020

Assume the officer was preoccupied and made a clerical error. Whether the State will pursue prosecution depends on if enough information was gathered to generate a complaint (an error on the ticket itself is not sufficient to cause dismissal). Calling an attorney may help. Good luck.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Would they have informed me if I violated the deferred prosecution terms when I sent in all of my paperwork?

Worried about my situation. In the "notes" section of my deferred prosecution agreement, it states that I "MUST obtain any evaluation within 2 months of the start of the DPA." I got it exactly a week after, and only a few days ago did I even notice this note. I'm almost... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 20, 2020

You can ask for confirmation of completion but they are often reluctant to do anything other than acknowledging receipt of your documentation. That said, although failing to get the assessment within the first 60 days is technically a violation, I have never seen them re-file on someone who... View More

1 Answer | Asked in Criminal Law and Probate for Texas on
Q: Can my probation officer extend my probation for not being able to do nipv classes due to COViD19? Waco, TX

I’m on Misdemaenor, family assault, deferred probation. All my fines and fees are paid off, I’ve passed every UA, community service done. My probation ends in September, that’ll be my year. I was suppose to start NIPV classes on March 24th but they were canceled due to COVID19. I just got off... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 12, 2020

It wouldn't be the probation officer acting on their own authority, it would be something ordered by the for failing to complete the required terms. That means you could hire an attorney to argue your case but it might be less expensive to find an alternative.

For example, if the...
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3 Answers | Asked in Immigration Law for Texas on
Q: Can I still file an I-130 now that I am married to a U.S. Citizen?

During this COVID-19 pandemic, with USCIS Field Offices closed, can I still file an I-130 now that I am married to a U.S. Citizen?

Adan Vega
Adan Vega
answered on May 6, 2020

You can file the FORM I-130 at a lockbox of the USCIS depending on your residence. Please see the filing instructions in the USCIS website for the correct address for filing.

Relative petitions are not filed at a local field office of the USCIS which are currently closed to the general public.

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1 Answer | Asked in Family Law for Texas on
Q: Me, my fiancé & newborn son came to Louisiana from Texas to visit family, can I return home with my son without her?

It was only supposed to be a visit to show her family our son but with the recent covid outbreak we stayed longer that expected well now that we can return home she no longer wishes to live in texas & wants to stay in Louisiana. Can I legally leave with my son & go back home to Texas?

Sharita Blacknall
Sharita Blacknall
answered on Apr 27, 2020

You need to consult with and retain an attorney.

There are some specific questions that you need to be asked to ensure that you will not be charged with kidnapping and that you have not been in Louisiana long enough to establish jurisdiction there.

In general, if an unmarried...
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1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: I’m a L-1 visa, can I apply for unemployment benefits due to coronavirus outbreak?

I work for a hotel as manager with an L1 visa, due to corona virus we had to close until further notice, I tried to apply for unemployment benefits online but requires the alien registration number ( which I don’t have). Also I don’t want this to affect my migration status

Adan Vega
Adan Vega
answered on Apr 25, 2020

Those who are not citizens can apply and receive unemployment benefits if all of the state requirements are fulfilled.

You must have a valid work permit or any immigration status that allows you to work such as a green card, asylee, DACA or TPS status.

You must be authorized to work...
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3 Answers | Asked in Bankruptcy for Texas on
Q: If I am in a Chapter 13 bankruptcy, filed in April of 2016, will I be able to keep my Covid-19 stimulus check?
Mr. J. Thomas Black
Mr. J. Thomas Black
answered on Apr 13, 2020

The law does not explicitly say that the stimulus payments are exempt, but it is believed by some that was an oversight and will be corrected in a subsequent bill. The stimulus payments are NOT to be considered in computing disposable income in chapter 13 cases, for one thing. In a seminar put on... View More

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1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: Getting unemployment benefits affect on citizenship??

I live in Houston and I work at the mall as a salesman. Because of the coronavirus, mall got closed and our store was closed too. And I don't know when mall will be reopen, therefore I applied for unemployment benefits. So, I want to know these Benefit does it affect on my Citizenship? ( I... View More

Adan Vega
Adan Vega
answered on Mar 22, 2020

The receipt of public assistance such as unemployment benefits is not an automatic bar to naturalization if you have not engaged in unlawful behavior including committing fraud. However, USCIS may view the receipt of benefits as a factor regarding your “good moral character “. You may want to... View More

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