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Blog - Page 21

What Counts as Adultery in Texas? What Counts as Adultery in Texas? Family Law Although unhappy couples can obtain a no-fault divorce in Texas, there are cases where one spouse wishes to pursue divorce based on...
Must Prosecutors Prove Prior DWI Convictions? Must Prosecutors Prove Prior DWI Convictions? DWI Multiple DWI cases can quickly add up to serious jail time in Texas. Drunk driving penalties escalate with each subsequent offense–and that...
How Default Judgments Work in Texas Divorce How Default Judgments Work in Texas Divorce Family Law Divorce is a type of civil litigation in Texas. This means that one spouse must sue the other to obtain a judgment...
Who Can Present Evidence to a Texas Grand Jury? Who Can Present Evidence to a Texas Grand Jury? Criminal Defense A grand jury proceeding is often the first stage in prosecuting a defendant suspected of white collar crimes like securities fraud or...
How an iPad Can Lead to Burglary Conviction How an iPad Can Lead to Burglary Conviction Criminal Defense Electronic devices are a valuable commodity and a frequent target of burglary. But today's “smart” devices, including tablets and phones, contain tracking...
How Houston Juries Decide He-Said/She-Said Cases How Houston Juries Decide He-Said/She-Said Cases Criminal Defense Rape trials often come down to the conflicting testimony of the accuser and the defendant. Even though prosecutors must prove all elements...
When Does Stalking Justify a Protective Order? When Does Stalking Justify a Protective Order? Criminal Defense A protective order does not necessarily require an overt act of violence, such as proof of domestic violence. Under Texas law, a...
Are Citizen’s Arrests Allowed in Misdemeanor Cases? Are Citizen’s Arrests Allowed in Misdemeanor Cases? Misdemeanors Misdemeanor offenses like theft or a first-time DWI may not carry the same potential for lengthy prison sentences as felonies in Texas....
Compensation Under a Postnuptial Agreement Compensation Under a Postnuptial Agreement Family Law Pre- and post-marital agreements are commonly used to prevent the formation of “community property” during a marriage. In other words, anything brought...
Penalty for Texas DWI With BAC of 0.15 Penalty for Texas DWI With BAC of 0.15 DWI It is common knowledge that the legal blood-alcohol concentration (BAC) limit for drunk driving in Texas is 0.08 percent. BAC varies depending...
When Does Fraud Become Organized Crime? When Does Fraud Become Organized Crime? White Collar Crimes One of the most common types of white collar crime in Texas is identity fraud. Under Section 32.51 of the Texas Penal...
What Happens With Drugs Near a School? What Happens With Drugs Near a School? Drug Crimes Drug crimes are often not just about the offense, but also where the offenses took place. The Texas legislature has declared a...
Taking Burglary Seriously in Texas Taking Burglary Seriously in Texas Criminal Defense Although burglary is often portrayed in a somewhat comical light–think of the masked man wearing stripes and carrying a sack with a...
How Reduced Charges Affect Expungement How Reduced Charges Affect Expungement Criminal Defense Expunction (or expungement) is a process that allows you to seek removal of records related to an arrest or criminal charge that...
Is a Stepchild’s Property Marital Property? Is a Stepchild’s Property Marital Property? Family Law A common problem that arises in Texas divorce cases is how to properly classify certain property. Texas is a “community property” state,...
How Adultery Affects Texas Property Division How Adultery Affects Texas Property Division Family Law Historically, adultery was one of the few legal grounds for divorce in Texas. But with the advent of “no-fault” divorce, it is...
Your Rights Before a Texas Grand Jury Your Rights Before a Texas Grand Jury Criminal Defense You have probably heard of a “grand jury” without understanding its exact function. Unlike a trial (or “petit”) jury, a grand jury...
Texas Criminal Appeals Process Texas Criminal Appeals Process Criminal Defense If you have been convicted of a felony or misdemeanor in Texas, your case does not necessarily end with the jury's verdict....
Court-Ordered vs. Contractual Alimony Court-Ordered vs. Contractual Alimony Family Law Spousal support in Texas may be ordered by the court as part of a divorce proceeding or contractually agreed upon between the...
Value of Board Certified Legal Counsel Value of Board Certified Legal Counsel Criminal Defense Considering that a defendant facing severe penalties on the basis of an allegation has enough to contend with, fostering concerns related to...
When Is a Prenup Really Post-Marital? When Is a Prenup Really Post-Marital? Family Law Texas courts recognize both premarital and post-marital (or marital) property agreements. A post-marital agreement may provide for the “partition or exchange of...
How Is Shoplifting Prosecuted in Texas? How Is Shoplifting Prosecuted in Texas? Criminal Defense Theft and shoplifting are among the most common types of misdemeanor crimes prosecuted in Texas. The severity of a theft charge is...
Does Immigration Status Affect Child Custody? Does Immigration Status Affect Child Custody? Family Law It is widely believed that more than 1 million undocumented immigrants currently live in Texas. A person's immigration status can affect all...
How Serious Injury Affects Aggravated Assault How Serious Injury Affects Aggravated Assault Violent Crimes One thing that elevates simple assault to aggravated assault in Texas is when the accused “commits serious bodily injury” to another person....
Can Past Family Violence Justify a Protective Order? Can Past Family Violence Justify a Protective Order? Violent Crimes A protective order is designed to protect Houston-area residents from the threat of family violence, which under Texas law includes any act...
Texas Minor in Possession Cases Texas Minor in Possession Cases Criminal Defense The State of Texas takes underage drinking very seriously.  Ask anyone under age 21 who has been caught purchasing, attempting to purchase,...
Not in My Courtroom Not in My Courtroom Criminal Defense If you're arrested in Texas for drunk driving, you don't want your case heard in Judge Kathleen Hamilton's courtroom. She's a judge...
When Is a DWI Breath Test Coercive? When Is a DWI Breath Test Coercive? DWI Texas is an “implied consent” when it comes to DWI. This means that if you refuse a breath-alcohol test when a police...
What Happens After a Guilty Plea to Drug Charges? What Happens After a Guilty Plea to Drug Charges? Drug Crimes Drug charges often carry significant penalties in Texas. For example, possession of more than 400 grams of methamphetamine is a first-degree felony...
How Houston Courts Set Visitation Schedules How Houston Courts Set Visitation Schedules Criminal Defense Child custody and visitation rights are often one of the more contentious issues addressed in a Texas divorce proceeding. Ideally, the parents...