Texas Recent Legal Answers from Lawyers

I changed the practice area to litigation, this is not an assault question. Sure, you can sue anyone you like if you pay an attorney to file the lawsuit. However, I would not expect to be able to find any attorney to take such a case on a contingency fee though (you don't pay unless you win the lawsuit).  Attorneys typically never take a case on a "contingency" unless there is provable, measurable injury, where there are provable, measurable damages significant enough to pay the attorney and the harmed party. But if you are willing to pay an attorney a retainer fee that is thousands of dollars to begin working on filing the lawsuit, absolutely - you can sue them. Good luck.... Read More

There is nothing stopping you from seeking a divorce other than the ability to hire an attorney and/or pay the filing fees. You ought to seek help from an family/divorce attorney. If you successfully petitioned him, then his deportation likely ended your responsibility for him based upon form I-864.  He can be served at his last known address whether in the U.S. or outside the U.S.  If that does not work, then likely by publication, but you must speak with an attorney licensed in Texas to seek legal advice for that matter.  Good luck. The above is general information, not legal advice, and does not create an attorney client relationship.... Read More

It is not clear to me whether your parents created one will which they both were supposed to sign or two separate wills - one of each of them.  If it's the first RUN to a local estate planning attorney and get it done right.  If its the second and it was not done by an attorney, again RUN to a local estate planning attorney and get it done right.   Second you may be the named executor in the will, but you have absolutely no power to do anything until such time as the will is probated and you are appointed as executor by a probate court.   Finally, most attorney's who are estate planners can arrange for tghe appropriate people to assemble in hospitals or nursing homes to facilitate the execution of wills appropriately under Texas law.  It requires more than just signing it.... Read More

Federal and state time will not generally run concurrent. However, the Judge on the most recent sentence can have them run concurrent, at their discretion.  Unfortunately, once you have been sentenced, the decision is final - whether the judge elected for the new sentence to run concurrent or consecutive. ... Read More

In many circumstances, someone is eligible for deferred adjudication probation in TX state court, even with a felony conviction. This would only be possible by plea agreement, or sentencing by the judge before trial.  At trial, with a felony conviction, you cannot receieve a probated sentence.  Every situation is different, and exceptions exist for some offenses (murder, for example). ... Read More

I suspect this is a scam.  Once you deposit the check it will be dishonored down the road by your bank.  If you send them the $125  befor you have learned of the bank dishonored the check (which can take a couple of weeks) you will be responsible to pay your bank back the funds.... Read More

The problem you face here is if you still have those underage pictures on your electronics.  Even though the pictures are of you, it is still underage "kiddie porn."  Do NOT erase these images at this point.   You will want to discuss your situation with a lawyer in more detail. Choose someone from your locale.  Many lawyers offer a free phone consultation.  The lawyer should have a plan for getting you off the kiddie porn hook as they look to the Ex to remove the underage porn.   You may want to consider hiring a lawyer to send a Demand letter to your ex.  While a Demand letter has little legal impact, the lawyer's letterhead gets the recipient’s attention.   This is a relatively inexpensive way to put the person on notice that you are not going to let these actions continue and that you are serious about pursuing your legal remedies.  It also tells the person that they could get in legal hot water which will cost them a lot of legal fees if nothing else.  This will often convince them to stop their evil ways.... Read More

It appears from your question that grandfather owed IRS taxes, and that they filed a tax lien on the house. His estate is liable for the taxes. The executor, administrator, or personal representative of the estate should  consider contacting the IRS to make arrangements to pay the taxes from assets of the estate. You will probably not be able to sell or transfer good title to the house until the tax lien is released.... Read More

If you obtained your permanent residence in 2008, I do not see how filing for divorce at this time would have any impact on the naturalization interview unless you immigrated through your spouse’s petition and USCIS discovers that the marriage was fraudulent. 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 policy alert defines a USCIS attempt to attract and make the process somewhat easier for STEM individuals to immigrate to the US. It has traditionally been easier for a NIW case to be approved where there is an employer. USCIS appears to have softened on the need where STEM people are concerned. For a more comprehensive look at your case, you should consult with an immigration lawyer who can look over your background and discuss your options including NIW. 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

You should get an attorney ASAP and certainly before he speaks with any police officers.  These are VERY serious charges that effect the rest of his life.  It is also very easy to say something in an interview that can be used against him out of context. Call a few lawyers and speak with them, this is not the time to "wait and see"... Read More

Unfortunately, if you have a felony conviction you will never pass a background check to purchase a firearm. In TX, after a felony conviction, you may ONLY possess a firearm where you live, and no other location - and you may only legally keep a firearm at your home (under TX law) 5 years after being released from prison or parole. See Texas Penal Code Chapter 46. You still cannot legally purchase a firearm, transport a firearm, hunt, or go to the shooting range - you can ONLY possess the weapon where you live. This becomes confusing because under Federal law, it remains illegal for a felon to possess a firearm, even when TX allows you to possess it in your home. I suggest looking into a cross-bow, not a firearm... Good luck... Read More