Texas Recent Legal Answers from Lawyers

Yes, but such a filing may be subject to challenge. The question is whether you can pay your bills as they come due.  These kind of questions depend a lot on local courts. I'd suggest you visit with a local bankruptcy attorney. They often will even give free consultations. Before you go, scratch our a budget of your bills, income, assets, and debts.  Good luck!... Read More

If you were charged under TX law, Unlawful  carry of a firearm is a class A misdemeanor. The punishment range is up to 1 yr in county jail, and a fine up to $4k. You may have legal or factual defenses; and, you may be able to do probation, not jail time. In some instances, we even get these dismissed after the person completes conditions - just keep in mind that every case is different, and many factors will come into play. Under Federal law there are firearm offenses as well, but most often are prosecuted where there is an illegal weapon (full auto, sawed off shotgun, etc), or the person is a convicted felon with a firearm. "not reading your rights." - this only matters if you are questioned after being taken into custody. Your miranda rights attach when you are arrested and intereogated. If they don't question you after arrest, it really makes no difference. Hire a lawyer you trust for the best outcome. You can't choose your appointed attorney, but if you cannot afford to hire someone, make sure to follow up with appointed counsel frequently.... Read More

Please see the below response to your specific question directly from USCIS: What if I file on time for an extension, but I leave the U.S. before USCIS makes a decision on my application? If you leave the U.S. before a decision is made on your application to extend and you plan to return to the U.S. in the future, please keep a copy of your application plus the receipt notice to show to the Immigration Inspector on your return travel to the U.S. Otherwise, you may be denied entry for overstaying on your last visit. This response was found at: https://www.uscis.gov/sites/default/files/document/foia/Nonimmigrant_Services.pdf... Read More

Since your toutist visa (B2) and the desired H2 visa are both temporary non-immigrant visas, then applying for the H2 visa should not affect your B1/B2. You must be very careful to not violate any other immigration laws because that/those violation(s) could affect your ability to retain your current B2 or obtain an additional H2. If you are currently in the USA, you will likely want to apply through a change of states application. If you are outside, you would need to apply through the consular pocess. The first step is to have the intending employer petition you through the I-129 application. ... Read More

You have an attorney.   Your attorney is on your side and knows the law far better than you do.   Follow the attorney's advice.  Your attorney should be helping you to get a rendition on the MSA and entry of an order.  (If not, make sure you are up to date in the fee agreement.)    If the child is two or older, the child can probably walk to a car by himself.   Direct intereaction between you and your ex will not be helpful to anyone right now.   Follow your lawyer's advice.      ... Read More

It is hard to know from your questions exactly what your remedies will be.    I assume you are an adult now.    At the time, a call to CPS would have been appropritate if there was abuse of neglect.   I do not see any mention of that, or details of why you were available for adoption in the first place, how old you were at the adoption, etc.  Civil suits have statutes of limitations just like criminal suits, so the amount of time that has passed will affect your possible recourse.    If you are only recently adult and the neglect happened in the last few years, you might be able to bring a case.   If you are more than 25 or so years old, it is probably too late.   Being able to bring a lawsuit is very different from being able to win that suit.   Being left outside all day may not be considered abusive to the court (the court hears a lot of terrible abuse cases every week), there are many details that would have to be elicited.  Even if you do sue and win, your recovery would be limited.   If the adopted parents don't have significant resources they might not be able to pay a judgment.    You will definitely need an attorney to do this - you can't pick up the skills you'd need quickly enough.   Look for family lawyers in the county where you and the adopted parents live.   It will be very expensive and you have a low liklihood of winning.  I can tell there is a lot of pain and anger, so some time with a therapist may be a better use of your time and energy.   ... Read More

Yes. They can file any misdemenaor case they believe they have probable cause to support. A grand jury can return an indictment on any charge presented by the district attorney that they find is supported by probable cause. Keep in mind also, that any statue of limitation for a crime is "tolled," or frozen, while a criminal charge is pending against you.... Read More

If the children are all children of your marriage to your children, here is what happens   spouse inherits all community property, plus 1/3 of  separate personal property and the right to use  real estate (home) for life children inherit everything else So it depends if the property is community or separate... Read More

There are two different transactions here.  The TODD if properly done, transferred title to you upon the death of your brother.  HOWEVER, that deed has absolutely nothing to do with the debt on the property which the mortgage company holds.  If that debt has been paid off and the mortgage company is holding escrow funds, the only way to get that money since your brother did not have a will depends on the amount of money in escrow.  If under $75,000 then a SEA might (I repeat MIGHT).  There are varying results with this short cut method.  The only sure way is to file an application for a determination of heirship in the county in which your brother passed.  If you are his only heir, in othe words, no living parents and no other siblings, then at the end of the day, you would be declared the only heir and the mortgage company would or should take the court order as proof as you are entitled to the escrow.     I would point out in an abundance of caution, if the note of the property is not paid off, you should start paying it because the mortgage company doesn't care about the TODD.  They hold the first lien and will foreclose if not paid.   Hire a lawyer.,... Read More

If your son meets specific criteria of the house sale exemption, he should be able to exclude up to $500,000.00 from Capital Gains depending on his filing status. But, again, you may want to check out Topic No. 701 Sale of Your Home and discuss it with a Tax Attorney to clarify your options.... Read More

If a new attorney substitutes in on a case, that new attorney takes the case in whatever status it is in at the time.   That said, the new attorney is free to file amended pleadings to potentially change the issues in the case.  Motions to substitute counsel are routinely granted by the court.... Read More

If you have a felony conviction and are charged with a felony drug offense, you can get probation from a plea agreement with the district attorney, or it can be granted by the judge. At trial, you would not be able to get probation if convicted. if you do not have any felony conviction, you can get probation from the judge, DA, or at trial, if sentenced to less than 10yrs.... Read More

Did you let the Attorney General know that there was family violence? That is very important so that your safety is protected in the order. Do you know if the order is a temporary order or did you sign a document for a final order?   It's not likely that the judge will flip custody just because the dad got an attorney, but you should certainly have an attorney to represent you. You are not entitled to a court-appointed attorney. You would have to hire your own attorney to represent you.... Read More

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 More

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 More