Posted on December 15, 2023 in Criminal Law

Violating a probation order in Texas could lead to that probation being revoked. During the revocation hearing, a judge can also decide to make the terms of the probation even more strict. It falls on the shoulders of the prosecutor to make the probation violation charges stick. Even just one minor violation could see a defendant’s probation revoked. Defendants reserve the right to an attorney being present at a revocation hearing if they choose to do so.

Types of Probation

In Texas, there are three types of probation:

• Misdemeanor probation
• Felony probation
• Deferred Adjudication probation

Each type has its own terms and penalties should they be violated. The terms will depend on a defendant’s criminal past, the severity of the crime, and whether or not imprisonment is necessary in place of community supervision.

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 Posted on December 07, 2023 in Divorce

Conflict is normal in any marriage. Small arguments here and there are usually nothing to worry about. However, once those arguments escalate the emotional, mental, or physical abuse, it may be time to rethink your situation. A divorce with high-conflict complications can often be emotionally and mentally draining. Because of this, you will want an experienced divorce attorney standing beside you throughout divorce proceedings.

What is a High-Conflict Divorce?

Divorce can bring out the worst in people. In a high-conflict divorce, the two parties are unable or unwilling to work together to come to an amicable compromise on divorce-related issues, such as:

• Child support
• Conservatorship, possession, and access

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 Posted on November 16, 2023 in Criminal Law

Drivers under the legal drinking age and, in some cases, drivers over 21 can still find themselves charged with driving while intoxicated (DWI). The blood alcohol content (BAC) limit is not the only factor that an officer looks at to determine whether or not a driver receives a DWI charge. An attorney with DWI knowledge and the associated penalties can help defend your rights and figure out the best course of action for your case.

What is Per se Intoxication?

When a driver has a BAC of 0.08 percent or higher, it is automatically presumed that the person is intoxicated. This is what is referred to as per se intoxication. Drivers with a BAC of less than 0.08 percent are not necessarily out of the woods yet, as the legal limit is not the only factor determining a DWI charge. However, a driver is no longer automatically presumed to be intoxicated. Instead, an officer will need to use other methods to determine whether or not the driver is or appears to be intoxicated.

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 Posted on November 07, 2023 in Criminal Law

Drug crimes are taken very seriously in Texas. Texas imposes various penalties for those charged with drug crimes, so a better understanding of what you may be facing can go a long way. A Texas criminal defense attorney with experience in drug crime cases can provide a strong defense for the charges being levied against you.

Federal Drug Rating Guidelines

The Federal Drug Enforcement Administration (DEA) has outlined a few drug-related rating guidelines to classify drugs by placing them in categories. The categories range from high-risk to low-risk for abuse and dependency and are referred to as Schedules. Schedules I and II are both considered high-risk and are likely to carry felony charges with steep penalties. Schedules III, IV, and V will typically carry lighter charges depending on volume and intent.

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 Posted on October 17, 2023 in Divorce

So, you have decided to get a divorce. There is no chance of reconciliation; you just want to move on with your life. However, amid this decision, you decided you needed to relocate out of state. In Texas, residency requirements are an important part of the filing process. A skilled and understanding divorce attorney can help you navigate the requirements for filing a divorce and represent your interests in court.

What Are the Texas Divorce Residency Requirements?

To meet the residency requirements for filing a divorce in Texas, both of the following factors must be met:

• You or your spouse must have lived in Texas for at least the previous six consecutive months
• Either spouse must have been living in the county where you plan to divorce for the last 90 days

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 Posted on October 06, 2023 in Divorce

Divorce is a significant step in anyone's life, and in Texas, there are seven legally recognized grounds for it. These grounds can be broadly divided into two categories: fault-based and no-fault-based. The choice between these categories can significantly affect the divorce process and its potential outcomes. Divorce can be complex, so consulting with an attorney can provide valuable guidance through this process.

Committing Adultery

Adultery, in Texas, is defined as engaging in an intimate relationship outside of marriage, voluntarily and without the encouragement of the legal spouse. It is crucial to note that emotional affairs, explicit messages, or even kissing do not qualify as adultery. To claim adultery as grounds for divorce, you must prove physical infidelity, through photographs, messages, or witnesses. It is advisable not to engage in a new relationship until a divorce is finalized to avoid potential complications or accusations of adultery.

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 Posted on September 20, 2023 in Criminal Law

There are a few defenses available to someone who may be facing intent to distribute drug charges in Texas. These defenses include lack of intent, entrapment, and illegal search and seizure.

Drug charges in Texas are very serious. It is important to speak with an experienced criminal defense attorney when facing such charges. Ensure that you consult with an attorney who can help you understand the charges against you and come up with a suitable defense strategy.

What is Possession with Intent to Distribute?

Possession with intent to distribute is a charge under the Texas Controlled Substances Act, which prohibits the possession, manufacture, or distribution of controlled substances. To be convicted of possession with intent to distribute, the prosecutor must prove that you knowingly possessed a controlled substance with the intent to distribute it.

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 Posted on September 06, 2023 in Divorce

Divorce can be a difficult and emotional time, and the division of debt can add to the stress. In Texas, debt acquired during the marriage is considered marital debt, and it will be divided between the spouses, regardless of who incurred it. However, there are some exceptions to this rule.

To better help you understand these exceptions, you should hire a Texas family law attorney. An attorney can help you understand your rights and options and negotiate a fair settlement with your spouse.

Marital Debt vs. Separate Debt

There are generally two kinds of debt: marital debt and separate debt. Marital debt is debt that was incurred by either spouse during the marriage. This includes credit card debt, student loans, car loans, and mortgages.

Marital debt may also not be subject to include debt that was incurred by one spouse while the other was physically or mentally incapacitated. 

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 Posted on August 23, 2023 in Uncategorized

When on probation in Texas, it is important to be aware of the protocol for violating your probation proceedings. These proceedings are delicate matters and can be intimidating as well. However, understanding the guidelines can safeguard your rights.

Proper Investigation

The first step in a probation violation proceeding is an investigation conducted by the probation officer. They will examine the alleged violation and assess if there is enough evidence to proceed with a hearing. If the probation officer believes there's sufficient evidence, they will file a petition for a probation violation hearing.

A Formal Hearing

The probation violation hearing is a formal event held in front of a judge. During this hearing, the judge will listen to statements from the probation officer, the prosecutor, and you. You will have the chance to present evidence and witnesses to defend yourself. Subsequently, the judge will determine whether you violated the terms of your probation.

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 Posted on August 14, 2023 in Child Support

Texas law makes much about paying child support as automatic as possible. Not only is there a set formula for determining child support, but it is automatically paid, so long as you have a job. Most child support orders are satisfied by directly subtracting the amount from your paycheck. However, your paycheck could also be garnished when you owe child support. 

Most Child Support Is Paid Through Wage Garnishment 

Under the Texas Constitution, wages can only be garnished for unpaid child or spousal support. It does not matter whether the child support is owed in Texas or another state. Your employer could receive a garnishment order that they must enforce by withholding some of your paycheck. 

Now, all child support orders in Texas call for automatic garnishment from your paycheck unless the payor shows good cause or the two parents reach a mutual agreement. Instead of writing a monthly check to the other parent, the money comes straight from your check and is given directly to the other parent through the Child Support Division. Garnishment is just a way of saying that child support is taken directly from your paycheck right when the money is earned. While the word garnishment has a negative connotation, it can actually ensure that you pay child support in full and on time. Either way, it will be how your child support is paid. Nearly 80 percent of Texas child support is paid through garnishment. 

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