Texas Recent Legal Answers from Lawyers

The answer to your question depends on the terms and conditions of your boyfriend's commission agreement with his employer.  Ordinarily, if a commissioned employee has done everything required to earn a commission according to the terms of his agreement, an employer cannot arbitrarily withhold payment.  But it is possible given the nature of his position that he does not earn a commission on service until a customer has picked up his vehicle under the terms and conditions of his agreement.  I can see where an employer in that industry would want a service advisor to be physically present to answer a customer's questions and explain what service was done, and what service was offered but rejected, when the customer shows up to pick up his vehicle.  But it all depends on the language of the agreement.... Read More

Using forged documents in a real estate transaction could constitute statutory fraud.  Forgery is a crime.  While title companies are pretty good, recent deed fraud cases in Texas show that they are not perfect.  An individual with sufficient knowledge can skirt the usual processes for identifying potentially fraudulent or forged documents in a real estate transaction.  While it is likely that the homeowners will ultimately be able to successfully defeat any attempted sale without their consent, early intervention will likely cost less and result in less time consumed.  The first step is to let the prospective buyer, any real estate agent, and any title company know about the forged marriage documents and that your ex is trying to sell the home without the permission of the homeowners.... Read More

If your tax return was audited in 2010, it is likely that the 10 year statute of limits for collection has expired. The 10 year statute may be extended for additional periods of time if you filed a tax court case, a collection due process appeal, an offer in compromise, or other actions that suspend the right of the IRS to take collection actions.... Read More

Police brutality is not covered by the area of practice "legal ethics and professional responsibility."  It more commonly falls within the area of pratice of "civil rights."Attorneys who practice in the area of civil rights (and I am not one) commonly practice on a statewide basis.  Dallas civil rights attorney, and former attorney general candidate, Lee Merritt practices on a statewide, and even nationwide, basis as most civil rights cases end up in federal court.  He is not only an experienced attorney who devotes a substantial part of his practice to this area of law, he is also a staunch advocate and "true believer."  Though there are others as well.I strongly recommend you contact his office to discuss your situation.  If you have a valid claim that potentially could result in a recovery of substantial damages, he will tell you that.  If he does not think you have a valid claim that is worth pursuing, then you probably don't.... Read More

In Texas, a spouse may receive spousal maintenance (which is similar to alimony) under Chapter 8 of the Texas Family Code.  Spousal maintenance is intended to provide for a spouse's "minimum reasonable needs" if the spouse seeking maintenance will lack sufficient property on dissolution of the marriage.  Spousal maintenance is available if the marriage has lasted for 10 years or longer and the spouse seeking maintenance lacks the ability to earn sufficient income to provide for the spouse's minimum reasonable needs.  It is also available when the spouse, or a child of the marriage of whom the spouse has custody, requires substantial care and personal supervision due to a physical or mental disability, and if the spouse from whom maintenance is sought has been convicted of family violence.Your divorce lawyer should be able to discuss with you the parameters of a spousal maintenance order based on the facts and circumstances of your particular case.Alimony is available in New Jersey, although it is not ordered in all divorce cases.  The factors affecting an award of alimony in New Jersey are somewhat different than those governing an award of spousal maintenance in Texas.  It should be noted that New Jersey is also not a community property state, so a division of marital property in New Jersey might look very different from a division of marital property in Texas.  Unless your husband is a divorce lawyer himself or sought the advice of competent, experienced divorce lawyers in both New Jersey and Texas and paid them both to do a thorough analysis of your particular facts and circumstances, it would be very difficult to predict five years ahead which state would produce the most favorable overall result in future divorce procedings.... Read More

The affidavit is good evidence to have. It is a strong affirmative link indicating him being in sole possession of the weapon. Possession means intentionally and knowingly having care, custody, control or management of the item. You can't accidently or unintentionally possess something. In situations where something like a weapon is found in an area of a vehicle that multiple people have access to, "affirmative links" are what the law considers, to determine whether either of the people (or both) were in legal possession. Affirmative links are things like who was driving the vehicle, who owned it, where the weapon was found, etc. The other party signing a sworn statement that it was theirs and theirs alone is also an affirmative link (in your favor).  But if your question is 'what do I do now?' Make sure your lawyer knows the law of possession real well. If he doesn't hire someone that does. Because if the DA can't be convinced to dismiss, the atrorney has to be able to fight your case at trial and win. ... Read More

Clarity with respect to the scope of work of any contractor is very important.You should carefully go through each and every item on the insurance adjuster's report.  Check to see that each item has been completed to your satisfaction.  If not, write down what is wrong with it.If you and the contractor agreed to extra work above and beyond what is specified in the adjuster's report, check to see that each item of extra work agreed upon has been completed to your satisfaction.  If not, write down what is wrong with it.Be as thorough as you can in your inspection of each item of work and as detailed as you can in noting what is incomplete or unsatisfactory.... Read More

Is this for a DWI related offense? If so, you are not eligible for early termination of supervision. See Texas Code of Criminal Procedure 42A.701(g)(1) (formerly 42.12 Section 20(b)) – “This article does not apply to a defendant convicted of: (1) an offense under Sections 49.04-49.08, Penal Code” If it is for a different type of offense, I could assist. You will have to contact me directly to discuss pricing (not supposed to do that on the Q&A section).... Read More

If you were driving, and the blood labs come back with a controlled substance in your system, you could be charged with DWI. If that happens, feel free to contact me directly to discuss representation. I only do criminal defense. If you want to sue the police officer for assault, you would need to contact a civil attorney. Be prepared to pay the civil attorney a retainer fee and an hourly rate. Tristan LeGrande 281-684-3500 tristan@legrandelaw.com... Read More

It just means it is not a trial setting. It will be a setting where Mr. Molina will be brought up to the court, and he will get to meet with his appointed attorney for the misdemeanor assault case. If he wants to resolve his case by a plea bargain, he can do so on that date. If not, he can reset for another non-trial setting, or, he can set his case for a pre-trial conference (and eventually trial). Feel free to give us a call, or send us an email if you want to discuss representation for his assault case, or the Felony Unauthorized Use of a Motor Vehicle case he has pending.   Tristan LeGrande 281-684-3500  tristan@legrandelaw.com... Read More

If you are looking for an attorney to defend you in the charges against you, you need a criminal defense attorney. I can help you with that type of case. I defend many people accused of assault and domestic type issue cases. I have over 85 five-star reviews. Feel free to give me a call or email to discuss representation.  To help assist you and look up your criminal case: Your name Date of birth County where case has been filed against you   Tristan LeGrande 281-684-3500 tristan@legrandelaw.com... Read More

As long as the school, or school district if it is a public school, gives you permission, there should be no problem parking on the high school parking lot.  I suggest you get that permission in writing so you can show it to any employees or law enforcement officers who question you about whether you have permission.... Read More

It is gratifying that you recognize this was most likely an unfortunate accident.  It is common for certain businesses that provide potentially dangerous activities, like a trampoline park, to require such a waiver as a condition for participation in the activity.  Some individuals are not as well-grounded as you and would try to sue them for such an accident.... Read More

Most divorce courts in Texas have issued standing orders that prohibit a spouse from cancelling insurance policies during the pendency of the divorce case.  If the court in which your divorce is pending has done so, you may be able to file a motion for contempt or a motion to enforce the standing orders.  With a motion for contempt, your wife can be fined or jailed for violating the court order.  With a motion to enforce, you may be able to persuade the court to give you from your community property a sum of money equal to the value of your truck when it was stolen to allow you to replace the truck.  I would argue that should be awarded to you before any other division of your community property as part of a just and right division because, but for your wife cancelling the policy, there would have been insurance proceeds to help you replace the stolen truck.... Read More

Since you already filed an answer, I don't think that there is anything you need to do at all about the reissued citation.An error in the date would not constitute grounds to quash (which is what I assume you mean by "dismiss") a citation and would not be grounds for perjury, aggravated perjury, or spoliation of evidence.  The citation is simply the legal notice prepared by the clerk of the court telling the defendant that a lawsuit has been filed against them and letting you know when you are required to file your written answer to the lawsuit.... Read More

Whether you should sue Sonic for finding a roach in your burger is up to you.  In a lawsuit, you may recover the damages you sustained as a result of the acts or omissions of Sonic or its employees.  Your burger was a non-conforming good because a reasonable trier of fact is highly likely to conclude that you ordered a hamburger without a roach.  Because Sonic delivered a non-conforming hamburger with a roach, you are entitled to receive a refund of the price you paid for the hamburger.  If the presence of the roach caused you to sustain other compensible damages--for example medical expenses, lost wages from your job, etc.--you likely can recover those damages as well.It is highly unlikely any reasonable experienced attorney would accept such a claim on a contingency fee.  So, you will likely need to pay the attorney an hourly fee for services in your case.  ... Read More

In order to file for divorce in Texas, at the time that you file, either you or your spouse must've been living in Texas for at least six months and in the county that you're filing in for at least 90 days. So, you have the following options assuming you have been living in Texas for at least six months: you can file in the county that you just relocated from, if you had been living in that county for 90 days; or, you can file in the county that your husband has been living in if he has been there for for at least 90 days ; or, you can wait until you have been living in the county that you now reside in for 90 days. ... Read More

Your question is a little confusing.  It sounds to me like you say your wife has been receiving child support from you since 2012.  So I am assuming that in 2012, you and she were not married, but had a child together.  At some point thereafter, you got married, but no one notified the OAG or SDU.  An order for you to pay child support automatically terminates when the payor marries the payee.  Tex. Fam. Code 154.006(b).Since you say you need to file for divorce, I assume that you and she are still married, but have been separated since 2019.  If so, you need to file a motion to terminate withholding and attach a copy of your marriage certificate proving the date on which you were married.  It is a math question whether all of the support you paid through the OAG, including any tax refunds, exceeds the total amount of child support you owed from the date the order was entered through the date of your marriage.You might be able to argue that amounts you paid her other than through the OAG, via Zelle or PayPal, also ought to be credited to any past due child support you owe her for the time before your marriage.  The burden will be on you to show that those payments were specifically for child support, and not for another purpose.  ... Read More

Yes, you can file an emergency motion for continuance at any time, including three days before your trial begins.  You will need to describe in detail the emergency and support the factual allegations with an affidavit or declaration.The fault issues and domestic violence issues should be raised in your pleadings and do not need to be raised in the motion unless they are germane to the emergency requiring a continuance.  To be clear, only learning recently that you have grounds for a fault-based divorce based on past conduct you witnessed or experienced does not constitute an emergency.  Past domestic violence that you experienced or witnessed, similarly, does not constitute an emergency.An example of a good ground to support an emergency motion for continuance might be that you have recently been hospitalized and do not expect to be released from the hospital before your trial is scheduled to begin.  If you have been hospitalized because of a recent domestic violence incident, then that incident would be germane to the emergency.... Read More

Yes, you can sue if the company has breached its subcontract agreement with you by keeping illegal installers, releasing you, changing prices, or violating any other term of your agreement.  You will need to be able to prove what damages you sustained as a result of the company's breach if your agreement does not contain a liquidated damages clause.  You also have a duty to mitigate your damages, for example by accepting jobs from other companies.... Read More

An immigrant can adjust status to get a green card after marrying a US Citizen on ESTA but ONLY if the immigrant's intent CHANGES after entering the US to wit: from only wanting to visit upon entering the US to wanting to get married and remain permanently after a few months visiting. ... Read More

Hi,  I always suggest any type of deed work be completed by an attorney. Real Property is expensive and real estate law is complex.  A Special Warranty Deed is a type of real estate deed used in property transactions. It's one of several types of deeds used to transfer property ownership, each offering different levels of protection to the buyer. Understanding the specifics of a Special Warranty Deed is important for both buyers and sellers in real estate transactions. Key Features of a Special Warranty Deed: Limited Warranty of Title: The seller of the property, using a Special Warranty Deed, guarantees the title against any defects or encumbrances that may have arisen during their period of ownership only. This is more limited compared to a General Warranty Deed, which guarantees the title against all past defects, regardless of when they arose. Protection for the Buyer: It offers the buyer some level of protection, as the seller is assuring that there have been no issues with the title (like liens or legal claims) during their ownership. Common Use: Often used in commercial property transactions and in cases where the seller has owned the property for a relatively short period of time. It's also common in foreclosure sales and bank-owned property sales. Liability Limitations for the Seller: Sellers prefer Special Warranty Deeds when they are unwilling or unable to vouch for the property's title history prior to their ownership. Risk Factor: For buyers, the risk is higher than with a General Warranty Deed since the protection is only for the seller's tenure. Buyers might not be protected against claims or issues arising before the seller owned the property. When is a Special Warranty Deed Used? Commercial Real Estate Transactions: Often used in commercial transactions where the buyer conducts extensive due diligence. Sales by Estate Executors or Trustees: When the seller hasn't personally held the title and cannot guarantee its entire history. Foreclosure Sales: Typically used in foreclosure sales where the seller (often a bank) only guarantees the title for the period they held it. Investor Sales: When properties are flipped or quickly resold by investors. Importance of Due Diligence For buyers, it's essential to conduct thorough due diligence, often including a comprehensive title search and obtaining title insurance, to protect against any title issues arising from before the seller's ownership period. Legal and Financial Implications Understanding the legal and financial implications of a Special Warranty Deed is crucial. Both buyers and sellers are advised to consult with real estate attorneys to fully understand their rights and responsibilities under this type of deed. In summary, a Special Warranty Deed offers a moderate level of protection to the buyer and is less comprehensive than a General Warranty Deed. It's particularly common in certain types of real estate transactions where the seller cannot or does not want to vouch for the property's entire title history.   The above information does not constitute legal advice and it does not create an attorney client relationship. It is free business information. ... Read More