Texas Recent Legal Answers from Lawyers

The most important question for you is whether you already have orders concerning your son. If the father does not have order adjudicating him to be the father then he is not legally the father of your son. If he does have orders adjudicating him as the father, then he would be the next person in line if something happens to you unless he agrees otherwise. Some people in this situation also ask if the dad's parental rights can be terminated. In your case, if he has already been adjudicated as the father of your child, he is not likely to terminate his parental rights. Courts generally do not terminate parental rights unless there is going to be an adoption of the child. If you already have orders, the best option is to just ask the dad if he would agree that your child stay with your relatives if something happends to you. Then you should get a document drafted that appoints your relatives as guardians of the children in the case of your incapacity or death. That would be done through an estate planning attorney. If there are no orders, then the dad would have to prove his paternity if he wanted to assert parental rights if you died before him.... Read Answer

They can revoke your parole for violating any of the conditions of your release. This includes making appointments, doing classes or rehab, obtaining a job, or violating the law. They do not need an indictment or conviction to revoke your parole on this basis. If he has a pending felony accusation, typically they wait until those charges work out before proceeding to a hearing on the motion to revoke parole - and during that time the offender will remain in custody. Whether its the hearing on the motion to revoke parole or the new criminal case, he is more lilely to obtain a better outcome if he hires an attorney he trusts. Some appointed attorneys are great. Most are not - but you don't get to choose.... Read Answer

Immigration lawyers generally do the legal work when the job is already found. I along with most of my colleagues do not consider ourselves in the business of a job agency. If we know of a job opening and the prospective client appears qualified, we may inform one party of the other party, but would not go out of our way to locate a job opportunity. 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

Three ways they can prove a dwi. Proof beyond a reasonable doubt that a person: (1) lost the normal use of their mental faculties; (2) lost the normal use of their physical faculties; or, (3) had a bac over .08. Without a blood or breath test, it is typically more difficult for the State to prove their case.... Read Answer

A solution is probably having a financial joint sponsor who can give credible financial support for your parents’ permanent stay in the US. I do note that if your parents have their own resources, and they can meet the financial guidelines for the counting of assets, they may be able to essentially support themselves even as you would still be the nominal financial supporter on the form I-864 affidavits of support. On bank letters, they would have to be of a sufficient amount and most consuls are looking for history on the account to make sure that the petitioner is not just trying to "load"up the account. 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

I am not sure what your question is. Do you mean the complainant signed an affidavit of non-prosecution? That does not guarantee the District Attorney will dismiss the case. They have the final say on prosecuting alleged offenses. IF you are looking to hire an attorney, read some reviews and choose the person you believe the is the best person you trust to defend you. Good luck.... Read Answer

Assault family violence is a class A misdemeanor. It is punishable by up to 1 yr in county jail, and a fine not to exceed $4,000.  Getting convicted of a family violence offense will have lifelong consequences. A conviction (or even guilty plea and deferred adjudication probation with no conviction) means you lose the right to purchase a firearm with a federal background check, and it is illegal for you to possess a firearm anywhere for 5 yrs following release from jail, pr probation. People that claim they have been assaulted do not "press charges." Thats what the district attorney does. The DA will have the final say on if the state presses charges or dismisses them - wheb someone says "they didn't press charges," it confuses how the system work. If they think they can prove the case, it does not matter if the victim wants them to, they can proceed. The range of punishment is the same, whether he pays the bond or not.  The only difference is waiting in jail until a trial or plea.  ... Read Answer

The county where his probation originated retains jurisdiction, even when probation is "transferred." If the State believes any term or condition of probation has been violated, they can file a motion to revoke probation. A warrant is then issued for the persons arrest that is on probation, and a hearing is set. The Judge has the final say on what to do with an alleged probation violation, and it can be reinstated, extended, have conditions added, or revoked.  If your son was on deferred adjudication probation, he is entitled to a bond. Even if one is not set intitially, his attorney can get one set. Your son has a right to an attorney to represent him in a probation revocation action. He is also entitled to a hearing in front of the Judge, where he can present evidence or testimony in his defense. If he cannot afford an attorney, one will be appointed for him.   ... Read Answer

If convicted of the new offense, he will do time in the new home state first. Once that is completed, he will be transferred back to Nevada to complete his sentence. Parole might be possible again in Nevada, but given the type of offense, multiple revocations of parole that you cite, and a conviction for a felony in another State while on parole, being paroled again in Nevada would be difficult. He would need to find a NEVADA criminal defense attorney to get a complete answer to that question.... Read Answer

Texas Penal Code 42.07:   Sec. 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person: (1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene; (2) threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person's family or household, or the person's property; (3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury; (4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; (5) makes a telephone call and intentionally fails to hang up or disengage the connection; (6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section; (7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; or (8) publishes on an Internet website, including a social media platform, repeated electronic communications in a manner reasonably likely to cause emotional distress, abuse, or torment to another person, unless the communications are made in connection with a matter of public concern.... Read Answer

Depending upon the amount of money in the account, there are several alternatives.  If the estate meets the requirements, a small estate affidavit and order might work.  It also will depend upon whether the bank will accept it or not.  The  4 siblings need a lawyer who is familiar with probate law to help them make a decision.... Read Answer