Texas Recent Legal Answers from Lawyers

Once criminal charges have been filed, the only way you can remove them is by filing a petition for expunction, and obtain an order expunging the criminal history information. If you want to accomplish removal of this info, this is how you can do it. It will cost you about 4 hrs of an attorneys time, plus the filing fee charges by the clerk. It takes 3-6 months to complete. Lawsuits are usually filed two ways: retainer agrements, and contingent fee agreements. You certainly can find an attorney to file a defamation suit for you if you pay a retainer fee (usually 10-15 hrs or more of the hourly rate up front), and then the attorney bills against that until its depleted, then sends you a bill to refill the retainer. If you can afford it, you absolutely can find a lawyer this way. But you will be extremly unlikely to find a lawyer to file a lawsuit for defamation for you on a contingency fee agreement. This type of fee structure means the attorney fronts all the costs for litigation, only getring paid out of a settlement or judgment in the case. The reason? Defamation cases are difficult to prove. In a dismissed criminal charge case, you'd have to prove they intended to file false charges knowing they were false. Damages are hard to prove as well. For those reasons, you are probably not going to find an attorney to file your lawsuit hoping to get paid down the road. If you want it off your record, hire an attorney to help you get it expunged.... Read Answer

A US citizen over the age of 21 can sponsor their stepmother for her green card, provided that the marriage of the stepmother and your biological father occurred before your 18th birthday. Additionally, your step brother could apply for a student visa snd later on his mom could  sponsor him through adjustment of status for his green card after she gets her card. This is the general rule And may not apply to your situation. You need to contact counsel in a private phone call to discuss all the facts and unique circumstances the relate to your case.         ... Read Answer

Whether you can file for I-485 and I-765 once you have your I-130 petition approved depends upon whether there is immediate visa availability. If you are a child under the age of 21 and unmarried of a lawful permanent resident, you would generally be able to file for I- 485/I-765 if inspected and admitted or paroled and in addition have maintained status under the LPR sponsorship. However, if you are in the other categories, you would have to check the visa charts to see whether your priority date has been passed and the visa available in order that you can file. In checking the visa charts, you would also have to look at the USCIS acceptance chart to see whether it will accept either the “final action dates” or “filing dates” chart on the monthly visa bulletin for purposes of allowing adjustment of status filings. If able to file both forms, current processing time for I-485's is generally a little less than a year on a nationwide average and for I-765 3-6 months. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence... Read Answer

Because you have a signficant amount of separate property, it would be a good idea to get an attorney to protect your rights. In Texas, all property is presumed to be community property during a divorce, unless that property was obtained by gift, devise or descent and unless it was obtained before the marriage. You would need to produce paperwork showing when you bought your house and cars. You would also need to show when your 401K started and how much it increased in valude during the marriage. Your spouse would be entitled to half of the growth during the marriage, but sometimes, there is no growth or it's so mimimal that the other spouse decides not to go through the trouble and expense of getting their share. Again, the best way to protect your rights is to get an attorney to represent you.... Read Answer

Evading arrest on foot is a Class A Misdemeanor, punishable by up to 1 year in county jail, and a fine not to exceed $4000.  Evading arrest in a motor vehicle is a 3rd degree felony, punishable by 2 to 10 years in prison, and a fine not to exceed $10,000. Mental health issues like bipolar will have a significant impact on the defense tactics most effective in your case. Contact an attorney directly.... Read Answer

Let's get the terminology strait so you understand what you are dealing with.  An Enhanced Life Estate is normally associated with something called a Lady Bird Deed.  If your parents executed a Lady Bird Deed, then this is how it should have looked.  They deeded the entire property to you but reserved to themselves an Enhanced Life Estate, meaning they could live there and take care of the property, etc, until the survivor of them died.  When the survivor died, there was no more life estate and all ownership interests passed to you.  I would suggest you check with the county taxing authority to see if the deed was filed prior to their death.  If it was, then you now own the property.  You might have to show the death certificates to clear that up. If the deed was not filed before their death then it is too late to use it and you will have to go through a probate proceeding to clear title.  IF you are not their only heir, you may have issues.... Read Answer

You should make direct contact with a few criminal defense attorneys to set up consultations regarding your case. Then, after meeting with a few, choose the one you trust to defend your case. PCS 4-200g is a 2nd degree felony. The punishment can be enhanced if you have prior felony convictions. Possession requires INTENT. You must intentionally and knowingly possess an illegal substance (like the 4-200g of CS). If you did not put it there, or drive the vehicle without knowing it was there, you do not have the intent required for a conviction. If you are not guilty, do not plead guilty - just make sure your lawyer knows how to defend these types of cases.  Good luck.... Read Answer

Unfortunately, you cannot as you entered the US on your L-1B and that is your last legal status in the US. In other words, you cannot unilaterally change your status in the country. You would only be allowed to become a B-1 visitor if you successfully made an application to change status in the US or successfully reentered the US on the B-1 visa. I note that USCIS seldom allows changes of status where the I-94 is expired and that a B-1 visa is automatically canceled once an individual overstays the period of legal stay in the US. I further note, however, that staying a few  more days in the U.S. albeit without status should not appreciably change your legal situation for the worse. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Your first step if you are charged with a crime is to contact an attorney directly to set up a consultation. Regardless of whether you hire the attorney or not, you can have a privileged conversation about your case and decide how to proceed. If you have not been charged with any crime, you may have a civil cause of action for tbe police misconduct as well.... Read Answer

Im not sure that this question belongs in taxation plus i cannot really tell what you are asking.  If you think your uncle defrauded you somehow and it was along time ago, then probably what lawyers call the statute of limitations has passed.  In other words, it is too late to sue anyone.  Even so, it would be worthwhile to put all the facts together and seek out the advice of a lawyer.    What you wrote above does not really give me enough information to hazard an answer to you.... Read Answer

Because it appears you were injured while performing job duties, you may have a claim for workers' compensation. Did you report your injuries to your supervisor? When did you discover your injuries? Filing a workers' compensation claim would likely be your best chance at recovering in a lawsuit. You would need to start by filing an 'Employees Claim for Compensation' (DWC Form 041) with the Texas Division of Workers' Compensation.   It is possible you may also have a claim against parents/doctors, depending on the facts of your situation.... Read Answer

You may have a claim here, depending on the facts of your experience particularly during the stress test. Your doctor/staff/hospital would have had a duty of care that must have been met. Whether they did meet that standard would depend on the care provided during that visit. For example, if a reasonable doctor would not have allowed for the treadmill to be brought to the speed at which you were tested, then the duty of care was not met. The office would has have been required to provide you with informed consent regarding all testing.... Read Answer