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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.
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... View More
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.
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
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.
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
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
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
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
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
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
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
Can EAD clock stops because of covid-19.
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).
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
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
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.
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
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
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
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... View More
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?
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.
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?
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... View More
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
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... View More
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
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
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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