Texas Recent Legal Answers from Lawyers

If you completed deferred adjudication probation, you may be eligible for an order of nondisclosure. That will not get it off your criminal record, but it does seal the record from public disclosure - meaning that it would only be visible to government agencies and licensing organizations. If you plead guilty and were placed on probation, you can never get it expunged and erased from your record completely. ... Read More

While there is no legal prohibition on confronting him about his affair, he may react poorly to such a confrontation and stop providing you with financial support of any kind.  While fault in the breakup of a marriage is one factor the court can consider in making a disproportionate division of your community assets, proof of an affair is unlikely to substantially affect the division.  In my experience, that may persuade a court to go from something like 50-50 to something like 55-45 in your favor.What is important is what community assets he has spent, and is spending, on the girlfriend.  Make sure you gather together as much information as you can, including bank statements and credit card statements, to show what he has been spending on her.  Another good place to get information is from any frequent flyer, rental car, hotel, etc. accounts he has.  In many cases, the court will require him to "reconsitute" the community estate for funds spent on a paramour.  So, if he spent $150,000 on her, the court could award you $150,000 of remaining community funds to offset the money he already spent.... Read More

If you own a home and have three children together, this is not a do-it-yourself project.  You need to hire an attorney experienced in divorce law in or near the county where you live.If you are awarded the home, there may be an owelty lien established if one of you has to buy-out the other's interest in the marital residence.  There almost certainly will need to be a special warranty deed of either of you keep the house.  If you have a mortgage, you will likely want a Deed of Trust to Secure Assumption to keep the current loan at the current interest rate.The more items you and your husband can agree to in advance, the less an attorney will cost.  If you can agree on most items now, you might be able to get an attorney to advise you on those things you haven't thought about and to complete all of the paperwork for $5,000 or so.  If there are major areas of disagreement, budget more for legal expenses than that.... Read More

It depends to an extent on the language of your agreement with the hotel.  Almost all hotels have a clause in their agreement concerning damage to the room during a Guest's stay.  Typical language makes the Guest liable for damage caused intentionally or negligently by the Guest, but some are broader and might include a family member of the Guest or another person visiting the Guest at the hotel.In the absence of an agreement, which is unlikely, you would not be liable for damage caused by your ADULT daughter or by your daughter if she was under 10 years of age.  Your adult daughter would be liable for such damage.  Under the Texas Family Code, you would be liable for damage caused by your daughte if she was 10-17 years of age up to $25,000 if your daughter's conduct was wilful and malicious (which is what it sounds like from your question).... Read More

It is highly unlikely that the installation will pass inspection without a GFCI.  Installing a GFCI is not a big deal and ought not be a significant expense for you as the contractor.  The licensed electrician you typically use on spa installations and repairs ought to be able to install a GFCI at nominal additional cost to you.You might want to have a discussion with the estimator who gave the quote on behalf of your company.  The absence of a GFCI is not an unforeseeable issue.  Any time a contractor gives a quote for work, the contractor needs to inspect the current installation to determine if there is work required to bring the item "up to Code."  This is a common requirement for passing inspection.  Building Codes are constantly updated.  While GFCI requirements were updated in 2023, the requirement of hard-wiring a hot tub or spa to an outlet that is GFCI protected has been around for many years now.So I think you would lose on the argument about the GFCI being unforeseen or unanticipated at the time of the quote.  Some contractors, however, specifically include language in theri quotes that the customer will be responsible for the cost of any additional work required to bring the installation up to Code in order to secure a permit or pass inspection.  ... Read More

It is called a contingency fee.  I would not count on an attorney being willing to take such a small case on a contingency fee.  There's just not enough compensation in it for the lawyer to make it worthwhile.Our justice of the peace courts have jurissdiction over any case with an amount in controversy of $20,000 or less.  The best thing about such courts is you do not need an attorney as a rule.Get an estimate from a Kia dealership of the cost to repair the engine if you pay for it.  Make sure they indicate on the estimate how long it will take.  Then get an estimate from a rental car company as to how much renting a Kia Sorrento for that long will cost.  If those two estimates are less than $20,000, sue the Volkswagen dealership in justice court without a lawyer.... Read More

It does not sound like you sustained any compensable damages during the incident.  If you sustained a bodily injury, you could sue for your medical expenses, lost time from work, and physical pain and suffering.There is a law called the "shopkeeper's privilege" that authorizes a merchant to detain a person suspected of shoplifting to investigate ownership of the property in a reasonable manner for a reasonable time.  ... Read More

Ws it associated with a criminal case? If so, an attorney can file a motion to return seized property. The Judge would sign an order commanding whoever has it to return it. How much is it worth? An attorney would charge you for their time. Unless the item is worth a significant amount of money (over $500 to $1000), it would not probably be worth it to hire an attorney to help you get it returned. If it is NOT associated with a criminal case, small claims court if its under $10,000 in value. Do not expect that you will find ANY attorney to take on a civil case of this nature on a contingency fee (like in a car accident case where the client pays nothing up front, and the attorney gets paid in the end). If you want to hire an attorney to sue for the property back, expect to pay a retainer fee up front, and the attorney to charge against that retainer hundereds of dollars an hour. The long and the short of it? If its worth a lot of money (or has sentimental value, I suppoer), then hire an attorney to get it back. Otherwise, handle it yourself or let it go.... Read More

First, this does not sound like a business litigation case, i.e. a dispute between owners of or investors in a business entity.  This sounds more like a criminal law matter. These "ask a lawyer" questions generally are categorized by practice area.  You are more likely to reach a lawyer who practices in the area of law you need if you recategorize your question as in the practice area of "criminal law."Second, you probably need to contact directly an experienced appellate attorney who practices in the area of criminal law in or near the county where the conviction occurred.  A question like "can you help" is too vague to answer in a public Q&A forum like this.  Your loved one really needs to have an extensive privileged conference with a criminal defense attorney so that confidential details pertaining to the case can be discussed without making them public in a forum like this.  Be aware that the time to appeal once a trial is completed is very limited, so he should contact a criminal defense attorney with appellate experience immediately.... Read More