Posted on November 19,2021 in Family Law

Every child has two parents. However, there are some situations where a parent may not be legally recognized as a child’s parent. This usually occurs when parents are unmarried, although there may be other situations where a person who is believed to be a child’s biological father does not have a legally established relationship with the child. In these cases, paternity will need to be legally established. Paternity can be a crucial element of protecting a father’s rights, and it will also ensure that both of a child’s legal parents will be obligated to provide the child with financial support. By understanding when it may be necessary to establish paternity and the procedures for doing so, parents can make sure they are taking steps to protect their rights and their child’s best interests.

Presumption of Paternity in Texas

Continue Reading ››

 Posted on November 09,2021 in Criminal Defense

Being pulled over by a police officer can be a stressful and troubling experience, regardless of the possible violations that a driver may be charged with. Those who are pulled over on suspicion of drunk driving may be looking at serious penalties if they are arrested on DWI charges. A DWI conviction can result in significant fines, time in prison, and the loss of one’s driver’s license. Because of this, drivers may wonder about their options when an officer asks them to take a breathalyzer test that will measure the alcohol in their system. By understanding whether these tests can be refused and the potential consequences of doing so, drivers can make the right decisions that will help them minimize the possible penalties they may face.

Implied Consent, Roadside Breathalyzer Tests, and Other Chemical Tests

Texas, like most states, uses the principle of “implied consent” when addressing permission to take chemical tests of a person’s blood alcohol levels. According to the state’s laws, a person who is arrested based on the suspicion that they have operated a motor vehicle on a public road while they were intoxicated is deemed to have consented to give a breath or blood sample that can be used to determine their blood alcohol content (BAC).

Continue Reading ››

 Posted on October 25,2021 in Family Law

Divorce can have a massive impact on spouses’ finances. If you are thinking about divorce, you may have questions about how your assets and debts will be divided. Will you get to keep your home? Which spouse will retain ownership of the vehicles? What about retirement accounts and investments? The answers to these questions are not always clear. That is why it is always a good idea to work with an experienced divorce lawyer to receive advice catered to your unique situation. Read on to learn about property division laws in Texas and how these laws may apply to your case.

Spouses May Reach an Out-of-Court Agreement on Property

Both spouses jointly hold property and debts that were accumulated during the marriage - with a few exceptions. Dividing property and debts is often one of the most consequential aspects of the divorce case. If you and your spouse are on relatively good terms, you may be able to reach your own property division agreement. Your lawyer may be able to help you negotiate a property division settlement without court intervention. However, you may need to consult with financial professionals such as appraisers and accountants to ensure that your property division agreement makes sense given your particular situation.

Continue Reading ››

 Posted on October 11,2021 in Criminal Defense

Marijuana has been a popular drug in the United States for decades, and for much of this time, it has been treated as a dangerous controlled substance. Attitudes surrounding marijuana have changed in recent years, and it has been legalized in multiple states. Because of this, residents of Texas may be unsure about how their state treats this drug and whether they may face drug charges for possessing marijuana. By understanding the state’s marijuana laws, Texans can be prepared to address any criminal charges they may encounter.

Possession of Marijuana in Texas

The state of Texas still considers marijuana to be an illegal drug, and a person who is found in possession of marijuana may face criminal charges. However, possession of small amounts of marijuana is a fairly minor offense in most cases. In cases involving less than two ounces of marijuana, a person may be charged with a Class B misdemeanor, and if they are convicted, they may be fined up to $2,000 and sentenced to up to 180 days in jail. Possession of between two and four ounces of marijuana is a Class A misdemeanor, and a conviction can result in a maximum fine of $4,000 and up to one year in prison. Possession of more than four ounces is a state jail felony that may result in between 180 days and two years in jail and a fine of up to $10,000.

Continue Reading ››

 Posted on September 20,2021 in Family Law

Excessive arguing, financial conflict, lack of commitment, and religious differences are just some of the reasons that couples get divorced. Marriages end for countless reasons, but when you get divorced in Texas, you will need to state one or more “grounds” or reasons for the divorce. There are seven official grounds for divorce per Texas law.

Fault-Based Divorce in Texas

The grounds for divorce vary from state to state. In Texas, a spouse can pursue a fault-based divorce or a no-fault divorce. Fault-based grounds include:

• Infidelity, meaning that a spouse cheated on the other spouse.

• Cruelty, meaning that a spouse intentionally treated the other spouse cruelly, perhaps through physical or verbal abuse.

• Felony conviction, meaning that a spouse was convicted of a felony criminal offense and imprisoned for at least a year.

  Continue Reading ››

 Posted on September 07,2021 in Criminal Defense

Anyone who has watched a police drama on television is familiar with the phrase “You have the right to remain silent.” However, few people understand the magnitude of these words. When you are facing criminal accusations, staying silent and refusing to answer police questions is often one the best ways to increase your chances of avoiding conviction. This is especially true when you are facing accusations of domestic violence or another violent crime. A conviction for a domestic violence offense can dramatically impact your life. Asserting your constitutional right to avoid self-incrimination is crucial.

Declining Police Questions Until Your Attorney is Present

The U.S. Constitution gives criminal defendants certain rights. Among these important rights are the rights to avoid self-incrimination and consult with legal counsel. These are often referred to as Miranda Rights. Many criminal defendants grossly underestimate the importance of declining police questioning during an arrest or criminal investigation. Some defendants mistakenly believe that asking for a lawyer and then remaining silent will make them appear “more guilty” than if they freely answered police questions. Others assume that answering the questions honestly can only aid in their defense—especially if they are innocent of the crime that they have been accused of.

Continue Reading ››

 Posted on August 23,2021 in Criminal Defense

The penalties associated with driving while intoxicated (DWI) charges vary depending on the circumstances of the alleged crime. If you were arrested on suspicion of drunk driving for the first time, you will likely be charged with a Class B misdemeanor. A first-time DWI conviction in Texas is punishable by fines up to $2,000, a driver’s license suspension, and a jail sentence of up to 180 days. Unlike many other states, Texas DWIs are punishable by a mandatory three days in jail. Second and subsequent DWI offenses are punishable by even longer jail sentences and higher fines.

If you were charged with drunk driving, it is important to start thinking about your defense. A criminal defense lawyer with experience in DWI cases can help you build a persuasive defense against the DWI charges using one of the following strategies or another approach according to the details of your case.

Continue Reading ››

 Posted on August 23,2021 in Family Law

The division of a couple’s joint property is often one of the most significant aspects of a divorce, especially in high net worth divorce cases. Whether spouses are able to reach an out-of-court property division settlement or property division is decided by the court, the division of assets and debts should be based on accurate, current financial data. Unfortunately, some spouses attempt to sway the outcome of the divorce in their favor by lying about their assets and income.  

How Spouses Hide Assets in a Divorce

To divide property in a divorce, both spouses must disclose detailed financial information. However, some spouses fail to tell the whole truth.

Some common tactics used to conceal assets or manipulate property division in a divorce include:

• Transferring money or property to another individual
• Physically hiding cash in a safety deposit box or other secret location

Continue Reading ››