Texas Recent Legal Answers from Lawyers

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Texas Recent Legal Answers from Lawyers
Page 14 of lawyers' answers to legal questions about Texas.

Recent Legal Answers

There are no longer criminal penalties for truancy in Texas. It sounds like the new school informed you of the child's attendance. The dad needs to know that information as well since that's where the child lives.
There are no longer criminal penalties for truancy in Texas. It sounds like the new school informed you of the child's attendance. The dad needs to... Read More
The divorce decree should state whether there is income withholding, and there should be a separate income withholding order. If there is not one, you should get one. You also should be able to file an enforcement for child support. If the children are on Medicaid, eventually, the attorney general of Texas will file an enforcement. However, sometimes the AG does not file because they are overloaded with cases. You should probably file the enforcement yourself. You can get more information here: texaslawhelp.org.... Read More
The divorce decree should state whether there is income withholding, and there should be a separate income withholding order. If there is not one,... Read More

I need help in what to do

Answered 3 years and 4 months ago by attorney Renea Overstreet   |   1 Answer   |  Legal Topics: Divorce
You certainly could seek a divorce from your husband and seek reimbursement for whatever money he may have spent on the other woman. It is likely that he has spent community funds to support her. You will not be able to bring an action against the woman though. Be sure to collect information about all your financial assets and bills so that you know the state of your community property. You didn't say whether you have children with your husband, but if you do, he will be ordered to provide child support and medical support for the children of the marriage.... Read More
You certainly could seek a divorce from your husband and seek reimbursement for whatever money he may have spent on the other woman. It is likely... Read More

Question about US visa

Answered 3 years and 4 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
The question for an immigration inspector is whether your mother-in-law is able to show that her stay is temporary as she is here under a visitor visa. Trying to make a quick return to the US after being here for six months might cause a problem at the port of entry. After leaving the US, a visitor should stay outside the US for an appreciable period of time before returning. Your mother-in-law may in the alternative file for an extension of stay with USCIS. 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 More
The question for an immigration inspector is whether your mother-in-law is able to show that her stay is temporary as she is here under a visitor... Read More

If I bought my house before I was married, and I decide to sell it is my wife entitled to half the profits

Answered 3 years and 4 months ago by James Michael Ringel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family Law
It depends on the specifics, but as you describe it, not generally. She may be entitled to some reimbursement if community property funds were used to pay for improvements or repairs on the house, but since you bought it prior to marriage, it would be considered separate property and not something she'd be entitled to half of in the event of a divorce.   The above is assuming that when you say you bought the house prior to marriage, you mean you paid it off completely. If you purchased it prior to marriage but have been paying the mortgage while married, then you've almost certainly been using community property to make those payments (in Texas, income from your work while you're married is considered community property). In that case, she may be entitled to a significant chunk of the equity you have in the house.... Read More
It depends on the specifics, but as you describe it, not generally. She may be entitled to some reimbursement if community property funds were used... Read More
The only time that a US citizen spouse is disqualified from sponsoring a foreign national spouse is if the US citizen spouse has a criminal conviction for violations under the Adam Walsh Act. Basically, if she has committed any sexual offenses against minors (ie children), then she would be prohibited from sponsoring you.... Read More
The only time that a US citizen spouse is disqualified from sponsoring a foreign national spouse is if the US citizen spouse has a criminal... Read More
DWI under 0.15 BAC, 1st offense, is a class B misdemeanor. Up to 6 months in jail.
DWI under 0.15 BAC, 1st offense, is a class B misdemeanor. Up to 6 months in jail.

Getting charges that werenโ€™t mine

Answered 3 years and 4 months ago by attorney Tristan Nicolas Legrande   |   1 Answer   |  Legal Topics: Criminal Law
Plead not guilty. Search for attorney where your case is filed. Read client reviews. Set up consultations with several attorneys. Hire the attorney you trust to fight your case. Good luck.
Plead not guilty. Search for attorney where your case is filed. Read client reviews. Set up consultations with several attorneys. Hire the attorney... Read More
Applying under the three year rule has a higher burden of proof than under the five-year rule. For three year citizenship, you must prove that you have been a green card holder for three years (can apply 90 days in advance of the three years); have been married to a US citizen in marital union constantly without separation for three years; and that the US citizen has been a US citizen for the three years. It is common for naturalization examiners to request proof of joint documentation to show that the couple has lived together constantly. USCIS has given you examples of what it will accept. In our practice, we request clients to have at least three pieces of joint evidence for every year in the three years to prove constant living together. From your fact situation, it appears that you have enough evidence to prove that you and your wife have been constantly living together. A joint bank account is only one example of proof that USCIS can accept. 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 More
Applying under the three year rule has a higher burden of proof than under the five-year rule. For three year citizenship, you must prove that you... Read More

Dee clark

Answered 3 years and 6 months ago by attorney Mr. E. Rhett Buck   |   1 Answer   |  Legal Topics: Taxation
As you describe it, it appears the 10 year statute of limits on collection has expired for some tax years, but other tax years you owe for are still within the collection statute.
As you describe it, it appears the 10 year statute of limits on collection has expired for some tax years, but other tax years you owe for are still... Read More

Has his rights been violated

Answered 3 years and 6 months ago by attorney Tristan Nicolas Legrande   |   1 Answer
Im not sure what rights you believe could have been violated. Nothing specifically is apparent from your question. The police take a report. They provide the info to the district attorney. In a felony case, the district attorney decides if there is enough evidence to present this evidence to a grand jury.  If the grand jury finds probable cause, theh return an indictment.At trial your son has a right to testify (tell his side of the story). But at this stage, he has no specific "right," to do so. If he wants to put himself in the best position to avoid prison, he should hire an attorney he trusts to defend him in his case.  Good luck.... Read More
Im not sure what rights you believe could have been violated. Nothing specifically is apparent from your question. The police take a report. They... Read More
If and when a bond is set on a MTR deoends on the discretion of the court. It does not reflect anything else. It does show that your judge is considerate enough to set the bond timely so you don't end up sitting in jail and waiting for a bond to be set. On a MTR, the judge can reinstate, add conditions, extend probation, or revoke and sentence you. If suggest contacting attorneys directly to talk about your specific situation. Good luck.... Read More
If and when a bond is set on a MTR deoends on the discretion of the court. It does not reflect anything else. It does show that your judge is... Read More

Hello

Answered 3 years and 6 months ago by attorney Tristan Nicolas Legrande   |   1 Answer   |  Legal Topics: DUI/DWI
You are taking the next right step - finding an attorney. I suggest reading client reviews, setting up some consultations with a few attorneys, and then hiring who you trust to defend you in your case. Make sure you come prepared for the consults: know your budget, expectations, and your case info before the appointments. Good luck.... Read More
You are taking the next right step - finding an attorney. I suggest reading client reviews, setting up some consultations with a few attorneys, and... Read More
If she files a claim against you, turn the matter over to your homeowners insurance company. 
If she files a claim against you, turn the matter over to your homeowners insurance company. 

Shoplifting can affect a citizenship?

Answered 3 years and 6 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
In your fact situation, your case of shoplifting was in August 2015, well over five years old by the time that you applied for your citizenship in January 2022. I also note that you said that you received your permanent residence in 2017, and I assume that you disclosed the shoplifting offense in your immigration application papers. The period of good moral character is five years, and this should not be held against you. I suggest, however, that you obtain a certified copy of the court disposition to take with you to the interview if you have not already presented it as part of your naturalization application.On your other questions, I do not believe that pretrial intervention and dismissal qualify as one of the programs  mentioned in part 12, item 26, if you did not have to make an admission of guilt. Also you should mention the traffic tickets as item 23 of the same part asks whether you have ever been cited, and a traffic ticket is a citation. 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 More
In your fact situation, your case of shoplifting was in August 2015, well over five years old by the time that you applied for your citizenship in... Read More

Real Estate and Home Property

Answered 3 years and 6 months ago by attorney Mr. E. Rhett Buck   |   1 Answer   |  Legal Topics: Taxation
It there is a tax lawsuit pending, you could file a Lis Pendens, or file your own lawsuit to do so. There may be other options.
It there is a tax lawsuit pending, you could file a Lis Pendens, or file your own lawsuit to do so. There may be other options.

Procedure to sue owner for pitbull attack in civil court

Answered 3 years and 6 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
A dog owner is strictly liable for injuries that his pet dog inflicts upon you. The procedure is to identify the owner of the dog and then make demand on him to produce his homeowners insurance policy to see if he is covered for this incident, or if he does not own property, then demand to see his renters insurance policy if he rents.    ... Read More
A dog owner is strictly liable for injuries that his pet dog inflicts upon you. The procedure is to identify the owner of the dog and then make... Read More

How do I get papers to become an American citizen?

Answered 3 years and 6 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
If any of your children are aged 21, they could perhaps sponsor you for permanent residence. Other than that, there is too little in your fact situation to give an opinion as to whether you be able to receive your immigration papers in the future. I suggest that you should consult with an immigration lawyer to go over your options. 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 More
If any of your children are aged 21, they could perhaps sponsor you for permanent residence. Other than that, there is too little in your fact... Read More

DWI

Answered 3 years and 6 months ago by attorney Tristan Nicolas Legrande   |   1 Answer   |  Legal Topics: DUI/DWI
Contact another attorney. Many attorneys handle cases in Gonzales Texas and offer free phone consultations. Consult with a few. Hire the one you trust to defend the case. Good luck.
Contact another attorney. Many attorneys handle cases in Gonzales Texas and offer free phone consultations. Consult with a few. Hire the one you... Read More
This is not a criminal law question.
This is not a criminal law question.

My husband is refusing to move out

Answered 3 years and 6 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Divorce
You need to file a divorce case in a Texas court, and then make a motion in front of the judge for the relief you seek. 
You need to file a divorce case in a Texas court, and then make a motion in front of the judge for the relief you seek. 

How do I get my property back?

Answered 3 years and 6 months ago by attorney Tristan Nicolas Legrande   |   1 Answer   |  Legal Topics: Criminal Law
You can file a motion with the court to return the seized property. If it is worth a significant amount of money, you can hire an attorney to assist (otherwise the attorney will cost as much as the property and it is not worth it).  Good luck.
You can file a motion with the court to return the seized property. If it is worth a significant amount of money, you can hire an attorney to assist... Read More

Iโ€™ll looking for a lawyer that will do a pro Bono divorce

Answered 3 years and 6 months ago by attorney Tristan Nicolas Legrande   |   1 Answer   |  Legal Topics: Divorce
You won't find an attorney to do this for you without being paid for their time. Just won't happen. If you cannot afford to hire an attorney, you can do it yourself, there are forms. https://www.txcourts.gov/media/515764/divorceset1forms.pdf   Good luck.
You won't find an attorney to do this for you without being paid for their time. Just won't happen. If you cannot afford to hire an attorney, you can... Read More
Hate to be the one to break the bad news, but you will be very unlikely not find an attorney to take on this sort of case on a contingency fee basis. The probability of recovery in these sort of actions is just too small. Plus, the attorney would have to believe the chances of recovery are so great that they would put up thousands of dollars of their own litigation costs on the hope that they'd recover damages. In a malicious prosecution action, thats just not going to happen. However, you absolutely can find qualified attorneys to file such a suit for you on a retainer/hourly basis. If you are serious about filing suit, and want a qualified attorney to file it, thats the only way its going to happen. No experienced litigator would take a malicious prosecution case on a contingency fee. Good luck. ... Read More
Hate to be the one to break the bad news, but you will be very unlikely not find an attorney to take on this sort of case on a contingency fee basis.... Read More
Not a criminal law question. Go to the district clerk's website for the county where you live. Use the menu. There may be forms. If not, an attorney may be able to assist for a few hours of work.
Not a criminal law question. Go to the district clerk's website for the county where you live. Use the menu. There may be forms. If not, an... Read More