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What is an Annulment?
An annulment is not an instant divorce. Different rules apply. An annulment is a lot like a time machine. An annulment is a formal declaration that a marriage never happened. An annulment is not a quick divorce. In Texas and other no-fault states, spouses can divorce each other because they...
Continue ReadingWhat is the Difference Between State and Federal Crimes?
Important procedural matters distinguish state from federal crimes. In many ways, state and federal crimes are identical. All criminal cases, state or federal, have the same burden of proof (beyond a reasonable doubt). The direct and collateral consequences of a conviction are similar as well. One big difference between state...
Continue ReadingHow Does a Judge Determine Your Sentence?
Legal rules govern sentences. In federal court, guidelines largely determine sentences. But in state court, judges have almost absolute say in these matters, as long as they do not abuse their discretion. Such abuse is grounds for appeal and overturning of the sentence. An abuse of discretion is an arbitrary...
Continue ReadingJail vs Prison: What is the Difference?
Jails hold misdemeanor offenders and felony offenders are confined to prisons. Usually, the difference between jail and prison revolves around the difference between a misdemeanor and a felony. In Texas, misdemeanor offenders sentenced to one year confinement, or less, usually serve their time in the county jail. Felony offenders sentenced...
Continue ReadingSigns of Sexual Abuse
Sex abuse often causes certain physical and emotional changes. Because sexual abuse takes so many forms, the signs of sexual abuse are often difficult to detect. Furthermore, sexual abuse victims often do not come forward for several years, mostly because they fear retaliation or reprimand. Furthermore, these victims do not...
Continue ReadingCan I Remarry Before the Divorce is Finalized?
Long emotional separations do not affect the bigamy law. In a word, no. Bigamy is a felony in Texas and most other states. Legal separation is not a thing in Texas. Marriage creates a legal bond that only the law can dissolve. As outlined below, the bigamy law in the...
Continue ReadingWhat are Federal Crimes?
Federal crimes are complex. You just asked a mouthful, mostly because there is no federal criminal code. Instead, federal crimes are scattered throughout the U.S. Code. The punishment for federal crimes is much harsher than the punishment for state law crimes. For example, parole is generally unavailable in federal cases....
Continue ReadingHow Long Will I Have to Pay Alimony?
The duration of alimony payment usually depends on the length of the marriage. The answer to this burning question recently changed, because the law recently changed. Although Texas still has one of the most limited alimony laws in the country, it is significantly broader than it was before. Additionally, the...
Continue ReadingWhat is the Difference Between DUI and DWI?
These alcohol-related offenses are similar in most respects. As is the case in most other states, Texas’ zero tolerance law is the difference between DUI and DWI. Driving Under the Influence is a zero tolerance offense that applies to minors under 21. These individuals cannot legally drive if they have...
Continue ReadingWhat is Spousal Support and How Does It Work in TX?
The alimony laws are unique in the Lone Star State. In the 1990s, Texas was one of the last states in the country to enact a spousal support (a/k/a alimony or maintenance) law. Even today, the law is limited. Usually, the obligee (spouse receiving maintenance) must be unable to maintain...
Continue ReadingWhat if the Drugs Found Were Not Mine, But I Was Still Charged?
The state must prove drug possession beyond any reasonable doubt. In criminal court, there is a difference between possession and ownership. People can possess contraband they do not legally own. Police officers are very aggressive in this area. Law enforcement officers arrest millions of people for drug violations every year....
Continue ReadingWhat is the Age of Consent in Texas?
The age of consent varies based on the type of sex offense. There is no single “age of consent” in Texas. Most sex crimes laws in the Lone Star State define a child or minor as anyone under 17. Some laws, such as the child pornography law, define a child...
Continue ReadingCan the Results of a Breathalyzer Test Be Challenged in Court?
Authenticating a Breathalyzer sample is a three-step process in Texas Electronic evidence, including Breathalyzer evidence, is only admissible if properly authenticated. As outlined below, authenticating a breath sample is usually a three-step process. These three steps must convince a factfinder, either a judge or a jury, that the proffered sample...
Continue ReadingCan the Police Use a Drug-Sniffing Dog During a Traffic Stop or Search?
Police officers can use investigatory aids, like drug-sniffing dogs, in some cases. Yes, if they have a valid search warrant, or more likely if they have probable cause to believe that the vehicle or person may be transporting drugs. Physical symptoms of drug use, such as bloodshot eyes, may not...
Continue ReadingCan I Be Convicted Without Physical Evidence?
Any kind of evidence, direct or circumstantial, could be admissible in court. Yes, if the evidence is sufficient to meet the burden of proof in a criminal case. That is a big “if” because the burden of proof in a criminal case is beyond any reasonable doubt. In simple terms,...
Continue ReadingCan I Have My Criminal Record Expunged or Restricted?
Many criminal defendants are eligible for a pure second chance. Yes, and yes. Especially considering it is a dark red state, Texas has broad expungement and sealing laws. Expungement is a magic eraser. It eliminates all law enforcement, judicial, and other records of a crime. People cannot find these records...
Continue ReadingWhat is the Role of a Grand Jury in TX?
A grand jury is basically a prosecutor’s focus group. In many respects, the grand jury’s only role in Texas is to be the prosecutor’s red stamp. Technically, grand juries can no-bill (refuse to indict) criminal defendants. However, mostly because of the one-sided nature of this process, the grand jury indictment...
Continue ReadingWhat Should I Do if I am Arrested in Fort Worth?
Jail release is an important part of a criminal defense. You should get out of jail as quickly as possible for personal and legal reasons. Many people know someone who underwent personality changes in jail. That is because involuntary confinement alters brain chemistry. Sometimes, this alteration is an improvement. Usually,...
Continue ReadingWhat Makes a Crime “Aggravated”?
Common aggravated offenses include drug trafficking and aggravated assault. Usually, aggravated simply means worse. Sometimes, aggravated could refer to mens rea (criminal intent). A crime is aggravated if the defendant intends the conduct and the result. Aggravated assault is a good example. In these cases, the defendant usually intends the...
Continue ReadingWhat Constitutes Domestic Violence?
“Domestic violence” has a specific definition in Texas. The changing face of the American family over the past several years has affected the definition of domestic violence in Texas. But one thing has not changed. Up to a third of domestic violence allegations are exaggerated or fabricated. Usually, this exaggeration...
Continue ReadingWhat Resources are Available for Emotional Support During a Divorce?
The emotional cost of a divorce could exceed the financial cost. Depression, guilt, regret, and other negative emotions are an inevitable part of a divorce. A non-filing spouse is usually distraught over the breakup of the marriage. A filing spouse is usually distraught over the breakup of the marriage or...
Continue ReadingFAQs About BAC Limits for Texas Drivers
Blood Alcohol Content usually, but not always, determines legal intoxication. In the Lone Star State, BAC usually means blood alcohol content. However, under TPC Section 49.01, BAC could also mean breath alcohol content. That is a minor note that could make a major difference in a DUI defense because it...
Continue ReadingWhy Do I Need a Family Law Attorney?
Only a lawyer can successfully navigate the complex legal system. Every blended family needs a family law attorney, and over half of all children live in blended households. Divorce, child custody, and other matters are never “final.” These cases often lie dormant for several years. Then, a relocation, job change,...
Continue ReadingWhat are Violent Crimes in TX?
Violent crimes are difficult to resolve in Texas. The definition seems simple. A violent crime is either a song by Kanye West or a crime that hurts someone. But it is not that simple. Assault and murder are clearly violent crimes. Tax fraud and prostitution are clearly nonviolent crimes. Many...
Continue ReadingWhat Constitutes Simple Assault?
Simple assault is a misdemeanor with serious direct and collateral consequences. Assault in Texas is a variation of common-law battery, which is a harmful or offensive touch. Additionally, in criminal court, the state must prove the harmful or offensive touch was intentional. The intent requirement applies to the act, not...
Continue ReadingWhy is Having a Postnuptial Agreement Important?
Postnups streamline possible divorces and reduce the possibility of divorce. Surprisingly, perhaps the best reason to have a postnuptial agreement is to strengthen your marriage. These contracts encourage couples to openly discuss and disclose their financial goals, concerns, and money management approaches, thus creating a solid foundation for handling financial...
Continue ReadingWhat Can Result From a First-Time DWI Offense?
DUIs have significant civil, criminal, and other consequences in Texas. High cost is the inevitable result of a DUI conviction. This cost averages about $20,000. It is hard to avoid these costs because most North Texas jurisdictions have mandatory DUI prosecution policies. According to these policies, prosecutors cannot reduce DUI...
Continue ReadingTexas Two-Step Domestic Violence Defenses
The evidence against a defendant is often weak in domestic assault cases. We remember things selectively. Our eyes are not video cameras. That is especially true in traumatic situations. Largely for this reason, about a third of domestic violence allegations are exaggerated or outright fabricated. Nevertheless, many judges and jurors...
Continue ReadingTypes of Misdemeanors in Texas
A misdemeanor conviction, which could mean significant jail time, has lasting consequences. Misdemeanors are “minor” criminal cases in Texas. There is no such thing as minor surgery if you are the one on the operating table, and there is no such thing as a minor criminal case if you are...
Continue ReadingWhat Steps are Involved in Modifying a Spousal Support (Alimony) Agreement in Texas?
Financial and/or emotional changes could affect the amount and/or duration of alimony payments. A Texas court will modify the amount and/or duration of alimony payments if relevant circumstances have changed materially, permanently, and unexpectedly. Typically, these relevant circumstances are the obligee’s higher income or the obligor’s lower income. Other changed...
Continue ReadingWhat are My Rights When I am Arrested?
The Constitution and Declaration of Independence guarantee prisoners certain rights. Many believe the war in Afghanistan was America’s longest war, but the War on Crime declared by President Lyndon Johnson in 1965 has persisted even longer. He called it a “crippling epidemic” that “hinders the economic progress of the nation.”...
Continue ReadingWill I Go to Jail if I am Arrested for a Crime?
When officers arrest suspects, several jail release options are available. Probably. All criminal offenses, and some traffic infractions as well, are arrestable offenses in Texas. In fact, some law enforcement agencies have mandatory arrest policies, usually for DUIs and domestic violence assaults. If officers have probable cause to believe that...
Continue ReadingHow Do I Modify Child Custody or Visitation Arrangements in Texas?
Court orders must reflect current circumstances, not prior circumstances. A court will legally modify child custody or visitation arrangements in Texas if circumstances have substantially, permanently, and unexpectedly changed. These three words have very specific meanings in this context, as outlined below. We stress the need for a judge to...
Continue ReadingUnder What Circumstances Can Stepparents Seek Custody or Visitation Rights in Texas?
Stepparents have visitation and custody rights in Texas. These issues are very common among Texas families. Common sense suggests that the subsequent marriage divorce rate is lower than the initial marriage divorce rate since both spouses are older and wiser, and this is not their first rodeo. But the opposite...
Continue ReadingHow Does the Criminal Defense Process Work in Texas?
The criminal justice process is often long and frustrating. Law enforcement authorities are aggressive in Texas. The Lone Star State has one of the highest arrest rates in the country. In many jurisdictions, police release offenders, sometimes even felony offenders, with warnings. But in Texas, police officers almost always arrest...
Continue ReadingHow Do I Choose a Lawyer?
Choosing the right lawyer may be the most important decision you ever make. If you think that lawyers are everywhere in North Texas, you are right. The Lone Star State has one of the highest numbers of lawyers per capita in the United States. Almost all of these lawyers could...
Continue ReadingDo Grandparents Have Legal Rights to Visitation or Custody of Grandchildren in Texas?
Yes. Many grandparents ask this question, mostly because, in many cases, 60 is the new 40. A generation ago, people over 55 had little energy or desire to spend time with young children. Now, things are different. Furthermore, in Texas, grandparents have absolutely no voice in the divorce process. No...
Continue ReadingCan a Misdemeanor Be Dismissed in Texas?
Yes, but alleged victims cannot “drop” criminal charges in Texas. Several kinds of dismissals are available in Texas, but only the authorities have this power. Complaining witnesses can no longer “drop” criminal cases. If alleged victims refuse to testify in assaults or other cases, prosecutors can subpoena these people and...
Continue ReadingWhat Happens if You are Not Indicted Within 180 Days in Texas?
If a criminal case falls through the cracks, the court might dismiss it. Under Texas law, if prosecutors do not file formal charging instruments (indictment or information) within 180 days of an arrest, the matter is subject to dismissal. Usually, the court grants a dismissal without prejudice, which means prosecutors...
Continue ReadingWhat Can I Do to Help Maintain Stability During Family Law Proceedings?
You have the power to bring stability to an unstable situation. Divorce is tough on children. Marriage dissolution inflicts long-term emotional damage on about 25% of kids. Younger kids often blame themselves for divorces, and older kids often feel like they’re caught in the crossfire. This 25% figure is much...
Continue ReadingDo Child Support Payments Increase if You Get a Pay Raise?
Depending on the other facts of the case, yes. More than likely. In terms of child support laws, Texas is a percentage-of-income state. Usually, the obligor’s income and the number of children before the court are the only two child support determination factors. Occasionally, judges make allowances based on the...
Continue ReadingDoes Getting Arrested Affect Child Custody?
Although an arrest is not a conviction, it could affect a child custody matter. Maybe, but probably not. It is not in the best interests of children for them to associate with people who have police records. The type of arrest could matter as well. To most family law courts,...
Continue ReadingExpungement 101: Clearing Your Criminal Record
Most defendants are eligible for record expungement or sealing. When it comes to cleaning your criminal record, Texas has a rather complex two-tier system. Under the newly expanded rules, almost everyone is eligible for expunction or sealing. Expunction is the complete destruction of all arrest, prosecution, conviction, probation, and other...
Continue ReadingUnderstanding Your Rights During a Police Stop
Do you know all your constitutional rights at a police stop? Police stops are uncertain times for both citizens and officers. Many detainees have never been pulled over before, or at least have not been pulled over in many years. So, they are unsure of their rights. On the other...
Continue ReadingThe Role of Social Media in Family Law Cases
Social media is a stick of dynamite that could serve a useful purpose or blow up in your face. Facebook, Instagram, X (formerly Twitter), and other social media platforms are a double-edged sword in family law matters. Properly managed social media posts could have a tremendous positive effect on your...
Continue ReadingHow Do You Get Your License Back After Suspension?
Reinstating a suspended license does not mean watching the calendar. Many people violate Transportation Code Section 521.427 (driving while their license is invalid) every time they get behind the wheel, but they do not know it. If the state suspends a driver’s license for administrative reasons, such as failure to...
Continue ReadingGrandparents’ Rights in a Texas Divorce: A Primer
Grandparents have limited legal visitation rights in Texas. Recently, the Supreme Court sharply limited grandparent visitation rights, mostly based on the “Father Knows Best” presumption in Texas and all other states. Most parents have the exclusive right to determine what their children do and who they do it with. So,...
Continue ReadingWhat is a Pretrial Motion?
Pretrial motions make a big difference in case outcomes. A successful pretrial motion greatly improves the likelihood of a successful outcome at trial or during pretrial settlement negotiations. If the case goes to trial, a pretrial motion basically means that the deck is stacked in favor of the defendant, plaintiff,...
Continue ReadingWhat if Someone Refuses to Get Out of Their Car When Pulled Over?
Motorists must obey basic commands, but the law in this area is vague. An obscure provision in the Texas Transportation Code, Section 542.501, states that “A person may not willfully fail or refuse to comply with a lawful order or direction of a police officer.” This law is consistent with...
Continue ReadingWhat is a First Offender Program?
First offender programs are restorative justice programs for youth and adults; they enable participants to avoid a criminal record after an arrest and connect participants to resources that help them to stay on the right side of the law. The goal of the criminal justice system is not simply to...
Continue ReadingWhat is a Plea Bargain?
In criminal law, a plea bargain is where a defendant pleads guilty to a lesser charge in exchange for the state dropping a greater charge or else pleads guilty to the original charge in exchange for a lighter sentence than the defendant would receive if convicted at trial. Few experiences...
Continue ReadingFederal vs. State Criminal Charges
Whether you face charges in state or federal court depends not only on the severity of the offense but also on which laws you are accused of breaking and which law enforcement bodies investigated your case. Plenty of journalists have made their careers out of provoking outrage against the federal...
Continue ReadingAlimony in Family Law: Types, Calculations, and Modification
How to initiate, enforce, and modify an alimony arrangement in Texas depends on whether there is court-ordered spousal support or a provision of a marital settlement agreement that you and your spouse reached during divorce mediation. Most things are bigger in Texas, but not alimony. Compared to the sheer vastness...
Continue ReadingCybercrimes and Juveniles: What Parents Need to Know
We live in a digital world. With the rise of technology has come an unfortunate rise in the rate of cybercrimes. As defined by the United Nations Office on Drugs and Crime (UNODC), cybercrime is “an act that violates the law, which is perpetrated using information and communication technology.” It...
Continue ReadingDefending Against DUI Charges: Know the Most Common Strategies
Under Texas law Texas Penal Code Sec. 49.04, intoxicated driving (DUI/DWI) is a serious criminal offense. If you are facing a DUI charge, it is normal to be stressed, confused, and worried about your future. Of course, a charge is not a conviction. You have the right to raise a...
Continue ReadingThe New Year Brings More Divorces: An Overview of the Data
Divorce happens. The American Psychological Association (APA) estimates that somewhere between 40 percent and 50 percent of marriages end in divorce. While a divorce can be filed at any time, a disproportionate number of couples opt to file for divorce within the first three months of the year—particularly in January....
Continue ReadingChanges in Criminal Law: Three Things That Could Impact Your Rights in Texas
With the new year comes some key changes to criminal laws in Texas. At The Law Office of Kyle Whitaker, we provide justice-focused criminal defense representation. Our firm always stays up-to-date on the latest legal/legislative developments that could potentially impact the rights, interests, or options of our clients. Within this...
Continue ReadingWhat is The Main Reason You Need an Attorney
Criminal and family law matters may be the most trying times in life. Attorneys help clients endure these hardships. Most people immediately see the need for a good lawyer in a serious criminal case, like murder, or a high-stakes family law matter, like a high-asset divorce. In less serious matters,...
Continue ReadingDivorce Consultation Questions: What to Ask the Attorney
Finding a lawyer is easy. Finding the right lawyer is not easy. At first, finding the right family law attorney seems like a matter of searching Google. Texas has one of the highest number of lawyers per capita in the country. On the surface, all lawyers seem the same. After...
Continue ReadingBreaking Down Self-Defense in Texas
Defendants can escape punishment for a violent crime if an affirmative defense, like self-defense, applies. The Lone Star State has one of the broadest self-defense laws in the country. It’s based on the castle doctrine (“a man’s home is his castle”). In Medieval times, knights could do almost anything to...
Continue ReadingExpungement and Record Sealing: Starting Fresh
New laws have created new opportunities for people to move on with their lives. Texas law, unlike the laws in many other states, includes multiple criminal record expungement and sealing options. Almost every first-time offender, whether they were convicted of a misdemeanor or felony and whether that offense was violent...
Continue ReadingWinter Holiday DUIs By the Numbers
Since coronavirus lockdowns ended, the number of impaired drivers has increased significantly. During these lockdowns, for the most part, roads emptied, and traffic enforcement ceased. Therefore, many motorists acquired bad habits, such as drinking and driving. DUIs aren’t just a safety issue. These infractions keep police and probation officers busy....
Continue ReadingDomestic Violence Charges: Legal Rights and Defense Options in TX
Everyone has equal rights in American courts. False domestic abuse allegations are on the rise. According to one survey, 10 percent of such allegations were exaggerated or fabricated. This high percentage affects the way judges issue protective orders as well as the defense options available to alleged abusers. Judges no...
Continue ReadingJuvenile Crimes and the Criminal Justice System
Unless an attorney intervenes, juvenile criminal records follow defendants forever. Contrary to popular myth, the state does not automatically seal or expunge juvenile criminal records when former offenders turn 18. These crimes have long-lasting consequences. Most people assume a juvenile criminal conviction is a tip-of-the-iceberg matter. If police arrest the...
Continue ReadingNavigating the Divorce Process: Steps and Considerations
Recent legal changes make it more important than ever to work with a Fort Worth family law attorney. The overall divorce rate has leveled off since the 1990s, but divorce’s moral acceptability rate recently hit an all-time high. Marriage dissolution has moved from one of the most controversial moral issues...
Continue ReadingIs it OK to Talk to Police if I am Innocent of Charges?
Our Fort Worth criminal defense attorneys explain how to handle police encounters and why you need legal help, even if innocent of charges. Otherwise, honest and upright people can easily find themselves on the wrong side of the law in Texas. Even if you are innocent of any wrongdoing, you...
Continue ReadingAre You Required to Take a Parenting Course During a Texas Divorce?
Our Texas divorce attorneys explain when parenting courses may be required and the issues they help address. Going through a divorce in Fort Worth is never easy. It is particularly difficult when there are children involved. You may have heard of other people getting a divorce who had to go...
Continue ReadingThe Role and Rights of the Accused in a Criminal Trial
Our Fort Worth criminal defense attorneys explain your rights if you are accused of a crime in Texas and the role you play in building a strong defense. Being accused of a crime in Texas can be a devastating experience. It may cost you your job, your family, your freedom,...
Continue ReadingHow Courts Determine Child Custody
Find out how child custody in Texas is generally handled and the various factors the court considers in making these arrangements. Child custody is among the most sensitive types of cases dealt with in the Texas family court. Decisions made during legal proceedings impact your child, the amount of time...
Continue ReadingCan the Court Punish You By Taking Away Time With Your Children?
Your relationship with your child matters. If you are going through a difficult experience, you may be wondering: Can a Texas court punish you by taking away time with your kids? The answer depends entirely on the specific circumstances of the case—but it is definitely possible if the court deems...
Continue ReadingJuvenile Criminal Defense: Legal Proceedings for Underage Offenders
As all parents and guardians know well, young people get themselves in serious trouble. The Office of Juvenile Justice and Delinquency Prevention (OJJDP) reports that approximately 424,300 arrests of juveniles were made nationwide in 2020 alone. There are specialized rules and procedures in place for juvenile criminal matters. It is...
Continue ReadingViolent Crime Defense: Legal Strategies for Serious Charges
A violent crime is a serious criminal charge. The Texas Department of Public Safety (DPS) explains that the term “violent crime” is defined broadly and includes “murder, forcible rape, robbery, aggravated assault” and other offenses. If you are facing such a charge, your rights, freedom, and future could be at...
Continue ReadingDo I Have to Be Driving a Vehicle to Get a DWI?
Drunk driving is a serious criminal offense. Under Texas law (Texas Penal Code Sec. 49.04), you can be arrested and charged if you are found to be “intoxicated while operating a motor vehicle in a public place.” A common misconception about our state’s DWI law is that people believe that...
Continue ReadingCan Juveniles Be Charged as an Adult?
Young people can get themselves into serious trouble. In some cases, a minor may even face a criminal allegation. Our state has a specialized legal process for juvenile offenders. In most cases, juvenile charges are handled through the juvenile justice system—which is focused on rehabilitation and is far more forgiving....
Continue ReadingWhat is the Difference Between Prison, Jail, and Juvie?
There are few things in life more stressful or unnerving than facing a criminal charge. The absolute last thing any person wants to end up facing is time behind bars. Not only confinement is the same. In Texas, there is an important distinction between being in prison and being in...
Continue ReadingTexas Gun Laws: An Analysis From a Fort Worth Criminal Defense Perspective
Texas law allows the open or concealed carrying of firearms in many public places, but a conviction for a violent or nonviolent felony causes you to lose the right to possess firearms. The media stereotype about Texas is that, in the old days, gunfights outside saloons were a regular occurrence...
Continue ReadingHow Criminal Charges Can Affect Your Future Employment in Texas
Were you arrested and/or charged with a crime in North Texas? You are certainly not alone. The Sentencing Project estimates that approximately one-third of Americans have some form of criminal record. A criminal charge is a serious matter. Beyond the immediate implications, a charge can affect your future—including your long-term...
Continue ReadingCriminal Charges Commonly Seen in Fort Worth and How to Fight Them
A Fort Worth criminal defense lawyer can help you fight charges for common offenses such as drug possession, theft, assault, robbery, and burglary. You have probably heard the news about how Fort Worth has one of the highest crime rates in the country. Just because police in Fort Worth make...
Continue ReadingWhat are the Requirements for a Prenup?
A prenuptial agreement (prenup) can provide clarity for a couple in the event of a divorce. Although not the most romantic thing in the world, there are several different tangible benefits associated with a prenup. Texas law allows couples to sign prenuptial agreements—but they must meet certain legal requirements to...
Continue ReadingHow Long Does a Divorce Take?
Are you preparing for a divorce in Texas? It is normal to feel stressed out, even overwhelmed by the prospect. Like most people, you probably want the process to be done as soon as possible so that you can start to move forward with your life. This raises an important...
Continue ReadingWhy Does the Divorce Process Take So Long?
Divorce is part of life for many couples. The American Psychosocial Association (APA) cites data showing that as many as half of married couples will eventually get divorced. Going through a divorce is never easy—it has the potential to be a long, drawn-out process. **Why does divorce take so long...
Continue ReadingNavigating the Complexities of Criminal Defense A Comprehensive Guide for Defendants in Texas
Were you arrested and charged with a criminal offense? You are far from the only person dealing with that difficult situation. According to data from the Texas Department of Public Safety (DPS), there were more than 740,000 arrests made in the state in 2021 alone. Of course, an arrest is...
Continue ReadingAre Common Law Marriages Legal in TX?
Do you need an official license from the state to be legally married? The answer depends on your jurisdiction. While most states require a formal marriage license, there are still eight U.S. states that recognize the legal validity of common law marriages. Texas is one of the minority of states...
Continue ReadingWhat are the Most Serious Felony Charges in TX?
A felony is a serious criminal charge. In Texas, all felonies carry a potential sentence of at least one year in prison—with many felony charges carrying the risk of far more time behind bars. Notably, there are actually several different “classifications” of felony charges. The Texas Legislative Council publishes a...
Continue ReadingNavigating the Legal System With a Fort Worth Texas Assault With Deadly Weapon Attorney Criminal Charges
Are you or a loved one facing a charge of assault with a deadly weapon? It is a very serious offense that carries severe criminal penalties in Texas, including the risk of a lengthy state prison sentence. Of course, a charge is just an allegation. Every person is presumed innocent...
Continue ReadingHow a Fort Worth Violent Crimes Defense Attorney Can Help You Fight Criminal Charges
As defined by the National Institute of Justice, a violent crime is an offense in which “a victim is harmed by or threatened with violence.” All violent criminal allegations are serious matters. Not only do police and prosecutors take these cases especially seriously, but a conviction can carry stiff criminal...
Continue ReadingWhat is the Role of a Mediator During a Divorce?
Considering or preparing for a divorce? It can be an emotionally challenging, draining experience. The American Psychological Association (APA) reports that 20 percent of first marriages end in divorce within five years, and 48% of first marriages end in divorce within 20 years. Mediation may be the best legal option...
Continue ReadingWere Your Rights Violated During Your Arrest?
An arrest is stressful and confusing. Being taken into custody by federal, state, or local law enforcement officers can be overwhelming. You may feel like you have no power. However, you have very important rights under the law. If your rights were violated during or after an arrest, there are...
Continue ReadingWhat Happens During a Consultation With a Criminal Defense Lawyer?
Arrested? Dealing with the aftermath is stressful. You are not alone in going through these challenging times. According to data from the Texas Department of Public Safety (DPS), more than 800,000 people are arrested in the state each year. Following an arrest, you need skilled and proactive legal representation. The...
Continue ReadingThe Importance of Having a Family Lawyer in Fort Worth, Texas
Family is important. Any conflict that involves family—whether it is divorce, child custody, or child support—should be handled with the highest level of care and sensitivity. The Legal Information Institute defines family law as a specialized practice area focused on all matters related to the family. If you are locked...
Continue ReadingWhat are the Penalties for Not Pulling Over for an Officer?
Fleeing and eluding an officer, including not pulling over for a traffic stop, is a class B misdemeanor, punishable by criminal fines of up to $2,000 and a jail sentence of up to 180 days. It makes for a dramatic scene in a movie, or even in a true crime...
Continue ReadingHow Does a Judge Decide How Long Someone is on Parole/Probation?
It is possible for the court to release you from the terms of your parole or probation early if you comply with all the requirements, and the court is sure that you will stay on the right side of the law. No one wishes to be on probation or parole...
Continue ReadingWhat are My Rights When I am Going Through a Divorce in Texas?
While your divorce case is pending, you have the right to parenting time with your children, and if you depended on your spouse financially during your marriage, you might be entitled to pendente lite alimony. Even if you are a highly organized person who is used to adapting to changes...
Continue ReadingDUI Arrests in Fort Worth, Texas
You can get charged with DUI in Texas if you are under the age of 21 and you have any detectable amount of alcohol in your blood; you should hire a criminal defense lawyer to represent you in your DUI case, even if you are legally a minor. Drunk driving...
Continue ReadingHow Does the Court Consider Criminal History When Deciding Custody?
Criminal history could be a factor in a child custody case. Criminal convictions affect child custody cases in basically two ways. A criminal conviction, especially a recent, violent criminal conviction, could affect several of the Holley factors which courts use to determine the best interests of a child. That is...
Continue ReadingDo I have to Be Driving to Get a DWI in Texas?
Driving, which Texas law defines oddly, is a key component of a DWI case. Intoxication is usually the most important issue in a DWI. Prosecutors may prove intoxication by showing the defendant completely lose the use of their mental or physical faculties or the defendant had a BAC level above...
Continue ReadingCan the Police Search My Car?
Officers may only search private property if they have probable cause. Yes, but the right to search an automobile or other vehicle is not unlimited. In fact, the Fourth Amendment only allows “reasonable” searches and seizures. The legal definition of a reasonable search is discussed below. The punishment for a...
Continue ReadingHelpful Answers to Common Family Law Questions in Fort Worth, Texas
Many people have questions about family law’s emotional and financial issues. Family laws in Texas have changed significantly since around 2015, mostly because Texas families have changed so much since then. As of December 2014, fewer than half of American children live in a “traditional” household with a married mother...
Continue ReadingWhat are the Charges for Assault With a Deadly Weapon?
Under Section 22.02 of the Texas Penal Code, ADW (assault with a deadly weapon) is normally a second-degree felony. Under state law, a deadly weapon is not just a knife or gun. Instead, a deadly weapon could be almost any object that, if used a certain way and in certain...
Continue ReadingCan You Carry a Knife in Texas?
What is a “knife” in Texas, how long can the blade be, and where can you carry a knife? In most cases, the answer to this question is “yes.” Texas is famous, or infamous, depending on your perspective, for its broad weapons-carry laws. These laws are not unlimited, but they...
Continue ReadingSteps to Take to Start the Divorce Process in Texas
Before you file for divorce, think about whether it is the right decision and think about why you want a divorce. The overall divorce rate has leveled off since the 1990s, partially because the marriage rate is lower. But the subsequent marriage divorce rate has continued to increase, mostly because...
Continue ReadingWhat Happens During a Juvenile Detention Hearing in Texas?
At a juvenile detention hearing, the judge weighs certain factors and decides if the child should remain in custody before trial. A juvenile detention hearing, which is often the juvenile’s first court appearance, resembles a bail hearing in adult court. Since the pandemic lockdowns ended, crime rates have increased. Many...
Continue ReadingWhat Does a Family Law Attorney Do?
Our Fort Worth family law attorney represents clients in sensitive matters that impact their rights in relationships, now and in the years to come. Family law matters are among the most sensitive types of cases. They can impact your rights in regard to relationships with others, your financial security, and...
Continue ReadingCan Social Media Posts Be Used Against Me in a Divorce?
Our Fort Worth divorce attorney explains how social media posts can jeopardize your rights in a divorce settlement. Posting on social media is a regular part of life for many people. Pictures, status updates, and other types of content provide an intimate window into our personal lives and daily activities....
Continue ReadingWhat are the Penalties for Public Intoxication as a Minor in Texas?
Our Fort Worth criminal law attorney explains how Texas takes a tough stance on underage alcohol-related offenses and the serious penalties in place for the public intoxication of a minor. In previous generations, underage drinking was viewed as a relatively minor offense. When caught with alcohol in their possession or...
Continue ReadingCyberbullying and Davids Law
Our Fort Worth family law attorney explains how, in the state of Texas, David’s Law has empowered schools and family members of cyberbullying victims to seek justice for their loved ones. Bullying is a despicable act that can have devastating impacts on victims. In our technological age, it is increasingly...
Continue ReadingMarijuana and THC Oil Wax Charges
Despite the progressing laws regarding some forms of cannabis, possessing marijuana for recreational use or of THC oil or wax can result in trouble with the law and criminal penalties. Differences in Criminal Charges Between Marijuana and THC Oil/Wax There are many ways that people use cannabis, including smoking marijuana...
Continue ReadingSocial Media Posts Can Be Used Against You in a Criminal Case
Our Fort Worth criminal defense attorneys explain how social media posts provide evidence in your case and the increasing role social media posts play in securing convictions. For many of us, posting on social media is a daily part of our lives. We post status updates detailing our whereabouts and...
Continue ReadingAs Crime Rates in Fort Worth Increase, Prosecutors Pursuing Convictions
If you are facing criminal charges, our Fort Worth criminal defense attorneys help you avoid a conviction. Crime rates in Fort Worth and throughout Texas have increased dramatically each year. Police and prosecutors are cracking down on alleged offenders, making more arrests and fiercely pursuing convictions. If you are accused...
Continue ReadingIs Litigation Necessary to Complete Your Divorce?
Most divorce cases do not go to trial; after attending mediation, most couples are able to finalize a marital settlement agreement and complete their divorce. The percentage of legal disputes that go to trial is low; this applies in many areas of the law, from criminal cases to personal injury...
Continue ReadingWhat are the Penalties for Refusing a Breathalyzer Test in Texas?
If you refuse to take a breathalyzer test or give a blood sample during a DWI traffic stop in TX, the state can suspend your driver’s license, regardless of whether you eventually get a DWI conviction for the incident. The law sets strict standards for the circumstances when police are...
Continue ReadingHow Does Your Spouse’s Addiction Affect Your Divorce Case?
People with substance use disorder have the same rights to equitable distribution and to parenting time with their minor children as everyone else, but your spouse’s addiction may continue to affect your finances and family relationships even after your divorce becomes final. Drug and alcohol addiction has destroyed many marriages....
Continue ReadingCan a Warrant Be Removed?
Arrest warrants do not expire on their own, but you can make the warrant go away by posting bond or appearing in court. In fictional stories, the plot device of a cat-and-mouse game where someone who is suspected of a crime attempts to elude law enforcement never gets old. It...
Continue ReadingThree Ways That Divorce Makes Filing Taxes Complicated
The IRS requires you, your estranged spouse, and your lawyers to sort out many tax-related matters when you file tax returns before and shortly after your divorce. Texas is one of only nine states that still follow community property laws, where each spouse walks away from the marriage with 50%...
Continue ReadingWhat are the Consequences of Public Intoxication in Texas?
For a first offense public intoxication case, the consequences are a $500 fine and a conviction on your permanent record, and for subsequent convictions, you can face jail time. Public intoxication is far from the world’s most serious crime. If authorities really did not want you to be drunk in...
Continue ReadingThree Common Divorce Mistakes and How to Avoid Them
Lack of organization, being dishonest with the court about your financial situation and making exaggerated claims about how horrible your ex-spouse is will not help you get a fair divorce settlement but being transparent with your divorce lawyer will. Most divorced people will tell you that they never felt angrier,...
Continue ReadingIs There a Penalty for Refusing a Field Sobriety Test in Texas?
You have the right to refuse field sobriety tests and breathalyzer tests, but if you do, the court can suspend your driver’s license for 180 days, and the police will probably arrest you for DWI, anyway, but even if they do, you are innocent until proven guilty. The court cannot...
Continue ReadingWhat Constitutes Domestic Violence in TX?
Domestic violence, also known as family violence, is any act of physical violence or threat of physical violence against a member of the same family or same household. Family violence, also known as domestic violence, is a common cause of conflict and estrangement among members of the same family. It...
Continue ReadingPolice Body Cameras and Texas Criminal Cases
Police body camera footage of your arrest can provide evidence that can persuade a jury to acquit you, but many controversies and gray areas surround which body camera footage can be shown to the public. Last year, Texas legislators introduced several pieces of legislation intended to prevent police violence; these...
Continue ReadingWhat Happens if Your Spouse Hides Assets During a Divorce?
Both parties must be honest about their finances during a divorce; if your spouse is hiding marital assets, your lawyer will find the assets and the court will award you a share of them. Money and dishonesty are two of the biggest issues that lead couples to divorce; it is...
Continue ReadingHow Does Divorce Affect Your Taxes?
Alimony and child support do not count as taxable income or as tax-deductible expenses, but your divorce could affect the taxes on capital gains from the salary of the marital home or on income from a pension earned by one of the former spouses. If filing your taxes is the...
Continue ReadingWhat Domestic Violence Allegations Mean for Child Custody in Texas
Unfortunately, domestic violence remains a serious issue. According to estimates from the Texas Council on Family Violence, approximately 33% of people in our state will be a victim of domestic violence at least once during the course of their life. Domestic violence is a criminal offense. It can also have...
Continue ReadingWhat if My Ex-Spouse Will Not Follow the Child Custody Order?
Going through a custody case is never easy. It can bring a great sense of relief when a custody agreement is reached or a custody order is entered. Under Texas law (Tex. Fam. Code § 153.002), courts will always default to the “_best interests of the child_” when adjudicating custody...
Continue ReadingDo You Lose Your License for a DWI in Texas?
Were you arrested for drunk driving or drugged driving in Texas? If so, it is crucial that you know what to do to protect your ability to drive. You can lose your driver’s license for a DWI in Texas. In fact, your license can be suspended administratively before you are...
Continue ReadingWhat are the Differences Between Misdemeanors and Felonies in TX?
If you or a loved one was charged with a criminal offense in Texas, it is normal to be stressed out and confused—but you are certainly not alone. According to data provided by the Texas State Records, there were more than 530,000 arrests in the state in 2020 alone. The...
Continue ReadingRun a Business With Your Spouse? What to Know About the Divorce Process
Getting a divorce is never easy. Spouses invariably have a lot of financial, logistical, and emotional issues that need to be addressed. Divorce is even more challenging for business owners–especially those who run a company with their spouse. It is imperative that you protect yourself and your business. In this...
Continue ReadingA Comprehensive Guide to the Underage Drunk Driving Laws in Texas
Texas takes drunk driving very seriously. A DUI is a serious criminal offense that can lead to the loss of a driver’s license and even jail time. For underage drivers (15 to 21), the DUI laws are even more strict. As explained by the Texas Department of Public Safety (DPS),...
Continue ReadingWhat Parents Should Know About Child Custody Modifications in Texas
For parents, there are few things more stressful or overwhelming than a child custody case—especially if there is a dispute over the terms. A final order or agreement can come as a great sense of relief. However, child custody is not necessarily static in Texas. A custody arrangement is always...
Continue ReadingWhat are the Penalties for Public Intoxication in TX?
Under Texas law (Texas Penal Code § 49.01), a person can be arrested for and charged with the offense of public intoxication if he or she “_appears in a public place while intoxicated to the degree that the person may endanger the person or another._” It should be emphasized that...
Continue ReadingWhen Can a Juvenile Be Tried as an Adult in Court?
In Texas, when children or juveniles are accused of crimes, their cases are normally tried in juvenile courts and not under the adult criminal justice system. But, in certain cases, the law can sometimes mandate or allow the courts to treat children as adults. In such cases, a juvenile can...
Continue ReadingHow Can Being a First-Time Offender Affect Your Penalties and Case?
For anyone who’s never had a run-in with the law before, facing a criminal charge for the very first time can be extremely intimidating and terrifying, particularly if they don’t have any idea what to expect. If you are like most first-time offenders, one of your primary concerns is whether...
Continue ReadingCan I Keep My Health Insurance After Divorce?
Regardless of which state you’re getting a divorce in, health insurance coverage under the policy of a spouse will be terminated after the divorce has been finalized. Most policies, however, permit dependent spouses to obtain coverage through the Consolidated Omnibus Budget Reconciliation Act (COBRA) for 36 months after the divorce....
Continue ReadingHow to Report a Drunk Driver in TX
So you’re walking down the street, biking around the neighborhood, or driving down the highway, and you see a vehicle moving erratically. You’re thinking about whether you should mind your own business or call the police. Yes – you should. It’s crucial to protect the roads and other road users’...
Continue ReadingDoes An Affair Really Impact The Terms of a TX Divorce?
Cheating, adultery, infidelity, or an affair, regardless of what it’s called, has permanently damaged countless marriages worldwide. In general, marriages that involve extramarital affairs often end in divorce. If you are considering divorce, you’re probably wondering if an affair would impact the terms of your divorce. Spoiler alert – yes,...
Continue ReadingWhat is The Consequence of Accidentally Tampering with Evidence in TX?
Evidence serves a crucial role in all criminal cases. This applies to the defense and prosecution since both sides utilize documents, statements, and other physical evidence to challenge false accusations or prove a defendant’s guilt. Because the right pieces of evidence can make or break a case, if an individual...
Continue ReadingAre All Police Encounters Videotaped in TX?
No. Not all police encounters are videotaped in TX. While the state has a body-worn camera policy, it is not mandatory. Only seven states currently require the statewide use of body-worn cameras by the police. These states include South Carolina, New Mexico, New Jersey, Maryland, Illinois, Connecticut, and Colorado. Texas...
Continue ReadingHow Can Prosecutors Prove I Was Drinking and Driving?
Driving while intoxicated (DWI) with alcohol or drugs isn’t only dangerous. It is also illegal in all states. Despite this, drunk driving remains to be one of the top causes of motor vehicle crashes in the country, often causing life-changing injuries and deaths. This is why DWI laws are strictly...
Continue ReadingWhat Happens When You Have Been Arrested for a DWI, and There is a Child in The Car?
When it comes to DWI with a child in the car, it really does not matter that you were driving safely or that you did not get into an accident. If you get arrested or pulled over for DWI (driving while intoxicated) in Texas, and you have a minor child...
Continue ReadingIs There a Penalty for Refusing to Answer Police Questions?
Whether you feel that you can’t simply walk away when the police stop you, or you’ve been imprisoned, detained, or arrested, you are not legally required to answer any questions they ask you. But you can be penalized for refusing to provide the police with your name and other personal...
Continue ReadingHow Does Moving Out Affect Divorce?
Divorce is usually an incredibly trying and overwhelming time for the divorcing couple and any kids involved. Depending on your situation, you may be looking forward to moving out of the marital home as soon as you can but are also worried about how it may affect the impending divorce....
Continue ReadingAre Criminal Records Wiped at 18?
No. Your criminal records will not be wiped, cleared, sealed, or expunged just because you turned 18. Unsealed criminal records can be seen and requested by law enforcement officers, juvenile justice officers, probation officers, educational institutions, and prospective employers, among others. Texas law does allow you to seal your juvenile...
Continue ReadingWhat If I Can't Find My Spouse During TX Divorce Proceedings?
It can be challenging to get a divorce when you do not know where your spouse is and how you can serve them the divorce papers. In the past, both spouses were legally required to agree to the divorce before the court would grant them one. Nowadays, however, you might...
Continue ReadingIs Self-Defense a Violent Crime?
Everyone has the right to protect themselves from physical harm. They can act in self-defense and not be liable for a violent crime. However, what exactly is self-defense? Is it punching or kicking anyone who threatens you? Or is it only utilizing force if retreating just isn’t possible? In any...
Continue ReadingCan a Divorce Affect My Retirement Funds?
Divorce can be very challenging not just emotionally but financially as well. You will have to make a lot of decisions regarding the division of your assets and property, which includes your retirement funds. In most cases, retirement savings are among the most sizable assets that married couples own. This...
Continue ReadingWhen Does a Crime Become a Hate Crime in Texas?
Reports by the Federal Bureau of Investigation (FBI) indicate that more hate crimes were reported in a recent year than had occurred in any of the past ten years. Distinguishing a hate crime from other types of offenses is important, as the penalties for a crime can increase substantially based...
Continue ReadingWhat Elements Must Be Proven for a DWI Conviction?
Most non-lawyers have a general knowledge of what a particular criminal violation might be. However, they generally don’t know what exactly the state must move in order to convict a client of a crime. These required proofs are broken down into discrete sections, each of which must be proven beyond...
Continue ReadingIs Hemp Flower Legal in Texas?
In August 2021, a Texas appeals court ruled that products made from hemp flowers in other states could be sold in Texas. In the same decision, the court upheld the existing ban on the processing and manufacturing in Texas of hemp flower products intended for smoking or vaping. The decision...
Continue ReadingDoes a DUI in Texas Affect a Commercial Driver’s License?
The short answer to this question is yes, a conviction of driving while intoxicated (DWI) in Texas will impact your commercial driver’s license (CDL). Upon a conviction of impaired driving, the Texas Department of Public Safety (DPS) can suspend your CDL for one year or longer. This is the case...
Continue ReadingWhat is the Difference between Class A, B, and C Misdemeanors?
Texas law divides criminal offenses into two main categories - felonies and misdemeanors. Misdemeanor offenses are less severe than felony charges, but they are still matters you should take very seriously. Even if you think your charge is simply a “minor” misdemeanor, you can still face lasting consequences, and you...
Continue ReadingWhat Are The Consequences of a DWI in Texas?
Driving while intoxicated (DWI) or under the influence of alcohol and/or drugs risks not only your life but also the safety and lives of other people. It could likewise land you in jail. In Texas, a driver is considered legally intoxicated when a driver’s blood alcohol concentration (BAC) is 0.08%....
Continue ReadingHow Does Family Court Determine If a Parent is Unfit?
One of the most challenging and contentious aspects of a breakup, separation, or divorce is the issue of child custody, which is also called conservatorship, possession, and access in Texas. In most cases, both parents will fight to gain custody of their children. But when making child custody determinations, the...
Continue ReadingHow Much Can Police Go Through Your Phone When You Are Arrested?
In the vast majority of situations, law enforcement officers must have a legal search warrant to search through the information on a cell phone. The cell phone owner can also give law enforcement officers consent to search through the cell phone, and if this is the case, then a search...
Continue ReadingAre All Police Interrogations Recorded?
The Model Code of Pre-Arraignment Procedures § 130.4 (3), set out by the American Law Institute, states that law enforcement agencies should make a sound recording of “any questioning of the arrested person and any statement he makes in response thereto.” The Constitution Project also recommends that custodial interrogations of...
Continue ReadingStages of Criminal Prosecution in Texas
Like all court systems, the Texas court system has two conflicting goals: they aim to protect the public on one hand and must also protect the constitutionally guaranteed rights of the criminally accused. To uphold the rights of defendants, all Texas criminal courts and law enforcement authorities should follow specific...
Continue ReadingNew Texas Firearm Laws for 2021
On September 1, 2021, a new law stemming from House Bill 1927 took effect in the State of Texas. This law overhauled Texas firearm rights and possible criminal penalties, and now, most Texans over the age of 21 can carry a handgun in public - openly or concealed - without...
Continue ReadingSteps to Take if Ex Doesn't Comply with Divorce Decree
A divorce decree is a lawful court order that must be fully complied with by both parties. If your ex-spouse does not fully comply with the obligations as stated in the decree, then you have the option to take legal action to make sure he or she is brought to...
Continue ReadingCan You Carry a Knife on You in Texas?
Texas law regulates the carrying of weapons - not just firearms but also knives. Knives are also deadly weapons, so the law addresses when people may and may not lawfully carry certain types. There are two categories of knives under the law: A “knife” is a hand instrument with the...
Continue ReadingHow Long Does a Temporary Injunction Last?
There are different reasons why a court might issue temporary injunctions, including to protect a person or child, preserve property or evidence, and more. These injunctions prohibit a party from doing something, such as selling property or leaving town with a child. When a court issues a temporary injunction, it...
Continue Reading3 Reasons Not to Talk to the Police
Regardless of whether you’ve been detained, imprisoned, arrested, or feel like you can’t just walk away from a cop, it’s important to know that you generally don’t have to answer the questions that a police officer is asking you. However, keep in mind that there are specific circumstances in which...
Continue ReadingCan Domestic Violence be a form of Self-Defense in Texas?
All of us, regardless of gender, have the legal right to defend ourselves against any kind of violence. For example, defending yourself against someone assaulting you in the street or a burglar who entered your home will never be an issue, as far as criminal law is concerned. On the...
Continue ReadingThe Federal House of Representatives Votes to Decriminalize Marijuana
For the first time, a chamber of the United States Congress held a vote on whether to decriminalize low-level marijuana possession at the federal level, and the bill passed in the House of Representatives. However, this does not mean that marijuana possession is legal - or that any laws regarding...
Continue ReadingNational Impaired Driving Month in December
There is no doubt that driving under the influence of alcohol (DUI) is a dangerous decision that results in many accidents, injuries, and fatalities each year in Texas and throughout the United States. For this reason, safety advocates have deemed December as National Impaired Driving Prevention Month. Not only do...
Continue ReadingWere You a Victim of an Illegal Search During a Traffic Stop?
Many criminal cases begin with a traffic stop. Police officers might pull over a driver suspected of speeding or another traffic violation, and they might end up searching the vehicle. If they find any contraband, such as unlawful drugs or firearms, they can place the driver under arrest. The driver...
Continue ReadingCan Receiving a Stimulus Check Affect Your Asset Division in a Divorce?
There is no denying that, in 2020, we are living in unprecedented times that seem to have changed just about everything. As such, it’s no surprise that the divorce process has also been affected. If you’re facing divorce, you may have questions or concerns about how the stimulus checks most...
Continue ReadingIt Is Now Illegal to Purchase Smokable Hemp Flower at Stores
In 2019, Governor Abbott signed a law that legalized the production, manufacture, and sale of cannabinoids, known as CBD. This is a low-THC cannabis product derived from hemp, which means it does not result in the “high” of marijuana. In Texas, CBD can be produced and sold in a variety...
Continue ReadingTX Jury Trials Have Been Pushed to October Due to New Emergency Order
The COVID-19 pandemic has resulted in many restrictions throughout the State of Texas and the United States in general, and legal proceedings are no different. Specifically, jury trials throughout Texas were suspended until September 1, 2020, and now, the Supreme Court of Texas issued an order extending that date to...
Continue ReadingWill Your Custody be Affected if You're a Parent with COVID-19?
Navigating shared custody is difficult enough during a pandemic, but the situation becomes significantly more complicated if one parent starts showing possible symptoms or tests positive for COVID-19. If this happens, how exactly will it impact your child custody arrangement? The guidance from Texas courts so far indicates that existing...
Continue ReadingHow Can Divorce Affect Taxes?
When you are going through a divorce, taxes are probably the last thing on your mind. However, tax time comes around once a year and never fails, so it is important to be aware of the various effects that divorce and related issues can have on your taxes. You should...
Continue ReadingDOJ States Spreading Coronavirus Intentionally is Now a Terrorist Act
There are increases in different crimes in Texas due to the COVID-19 pandemic, including fraud, shoplifting, violating state safety orders, and more. The Department of Justice (DOJ) recently communicated to all of its U.S. Attorney’s offices that intentionally spreading, attempting to spread, or threatening to spread the novel coronavirus should...
Continue ReadingWill Your Custody be Affected if You're a Parent with COVID-19?
Navigating shared custody is difficult enough during a pandemic, but the situation becomes significantly more complicated if one parent starts showing possible symptoms or tests positive for COVID-19. If this happens, how exactly will it impact your child custody arrangement? The guidance from Texas courts so far indicates that existing...
Continue ReadingThe Impact of COVID-19 Outbreak on Child Custody Plans
With unprecedented stay-at-home orders and social distancing recommendations to prevent the spread of COVID-19 in Texas and across the United States, it is not a surprise that many parents are stressed and confused about sharing child custody. First, public health orders are not intended to automatically disrupt or halt existing...
Continue ReadingWhat to Consider When Divorcing a Business Partner
Starting your own business can be rewarding both financially and personally. If you start a business with your spouse, it can provide you with more freedom and result in a partnership in more ways than one. However, what happens if you and your spouse/business partner decide to get divorced? ...
Continue ReadingRevenge Porn in Texas
The age of the internet has created new opportunities for people to harass or seek revenge on former intimate partners or other parties. One common way people might seek to hurt others is referred to as “revenge porn,” which involves publishing nude or sexual pictures or videos of someone online...
Continue ReadingTake or Not to Take a Breathalyzer Test?
Getting pulled over is always a stressful experience, and your stress levels can shoot through the roof if the officer starts suspecting that you might be intoxicated. The officer might ask you questions, such as whether you have been drinking, where you are heading, and more. If the officer notices...
Continue ReadingIn Texas, Legal Separation Doesn’t Exist
There are many reasons why you might want to live apart from your spouse without legally ending your marriage with a divorce. Some people hope that some time living separately can help them reconcile their differences and make the marriage stronger in the end. Others know their marriage relationship is...
Continue ReadingPenalties for DWI in Texas
The State of Texas takes Driving While Intoxicated offenses seriously Texas is cracking down on those who drive while intoxicated or under the influence. The State makes it clear that it does not tolerate drivers who operate their vehicles while intoxicated and the penalties put in place reflect this. If...
Continue ReadingHow Can Having an Affair Affect Your Children?
Infidelity can affect a family dynamic in many ways. Even though an affair involves a spouse being unfaithful to the other spouse, children can also feel the effects of the affair and, sometimes, for years to come. An affair can affect your parent-child relationship, and it is important to understand...
Continue ReadingInfecting Someone with an STD Can be a Crime
Knowingly putting someone else at risk of contracting a sexually-transmitted disease (STD) without their knowledge is morally wrong. However, did you know that you can also face criminal charges for doing so? If someone accuses you of intentionally or recklessly infecting them with an STD and you are arrested, you...
Continue ReadingSocial Media Posts Can be Used Against You in a Criminal Case
As the internet and social media have become daily parts of our lives, the criminal justice system has adapted to allow evidence from social media sites to be admissible in criminal cases. For this reason, you should always be careful what you post on social media after an arrest. In...
Continue ReadingWhat is the Difference Between a DUI and DWI in Texas?
While many people use the terms interchangeably, a DUI and DWI are two separate offenses in Texas Under the Texas Penal Code, Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are separate and distinct charges. Both involve a person driving while impaired by drugs or alcohol. Also, if...
Continue ReadingTexas DWI Laws
Driving While Intoxicated is a serious offense in Texas and the potential penalties are severe In Texas, you may face a DWI charge if you are found to be driving while intoxicated. Intoxicated means that you are not in normal control of your mental or physical faculties as a result...
Continue ReadingIs Parental Alienation a Crime in Texas?
When two people separate or divorce, it’s rarely amicable. With such strong emotions for each other gone awry, there can be a lot of anger, bitterness, and resentment. When those same two people have children, they can lose sight of what’s important and channel that anger and bitterness into the...
Continue ReadingIs property split 50-50 in a Texas divorce?
Texas, like most states, treats property and assets obtained during a marriage as shared property, and it gives both spouses an equal right to it. But some people hear the words “equitable distribution of assets” and they think that means an equal distribution of property – like an imaginary line...
Continue ReadingTexas S.B. 1253 Interrogations and Interviews Law
According to a report by the National Registry of Exonerations, approximately 60 percent of wrongful convictions over the last 25 years were the result of misconduct by law enforcement officers and prosecutors. The study also cited coerced confessions during police interrogations as a leading cause of wrongful convictions. In the...
Continue ReadingDivorce Checklist
Life is busy. And complicated. Sometimes it doesn’t take much to throw us off course. When it comes to divorce, staying organized and on track is key — the divorce process itself can be challenging, emotionally draining, and stressful. Having a divorce checklist can guide you through the process, keeping...
Continue ReadingWhat Does No Refusal Mean in Texas?
No Refusal & DWI As you gear up for the rapidly approaching holiday season, keep in mind that Texas’ “no refusal” program is in effect for Fort Worth and Tarrant County during the week of Thanksgiving through January 2, 2018. If you are pulled over under the suspicion of driving...
Continue ReadingHolidays and Parenting Time
While the holiday season can be stressful for many, for parents who are divorced and sharing joint custody of their children, navigating time sharing around the holidays can be particularly challenging. Advance planning, coordination, and cooperation are key to ensuring a happy holiday season for all involved. Texas courts are...
Continue ReadingTexas Second Chance Bill
Texas Second Chance Bill And Nondisclosures Everyone makes mistakes. Usually, we try and learn from those transgressions and move on. When the mistakes involve breaking the law and result in a criminal record, it is more difficult to move forward in life. That criminal record will impact your life now...
Continue ReadingWhy you should fight back against a first-time DWI
Texas has some of the harshest penalties for drunk driving in the country, and even if it is your first offense, you could face serious administrative and criminal consequences. A conviction is never your only option, and you can fight back against a DWI charge and protect yourself with a...
Continue ReadingDivorce and holidays Keeping bah humbugs away
This is the time of year when you probably start thinking about all the favorite traditions you share with your children during the holidays. Perhaps you’ve even ventured out to stores in Texas to buy a few gifts or get groceries in preparation of your celebrations. Such times are special,...
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