Month: November 2010

DUI or DWI?

Although the terms DUI and DWI are often used interchangeably, there are important distinctions between the two that Texans should know for their own benefit and that of their children's. The distinction between DWI and DUI has mostly to do with age and sometimes with...

Same-Sex Divorce

We have generally two separate areas of jurisdiction to appeal to in case law: state and federal. Because federalism is so strong in the US (the political system in which sovereignty is constitutionally divided between a central governing authority, the federal...

Dallas Bankruptcy

People in Dallas, Texas were hit extremely hard by the great recession.  Foreclosure rates have been at historic highs, and due to lost jobs, reduction in income, a high divorce rate, illnesses, and high interest rates people have had to turn to learn their bankruptcy...

Commercial Driver’s License-CDL

DISQUALIFICATION FROM DRIVING COMMERCIAL MOTOR VEHICLE:     Please be advised that TEX. TRANSP. CODE §522.081 applies to a violation committed while operating any motor vehicle, including a commercial motor vehicle.  A person who holds a commercial driver's license is...

Use of a Deadly Weapon Finding

TEX. CODE CRIM. P. §3G states that if there is an affirmative finding under Subsection (a)(2) in the trial of a felony of the second degree or higher that the deadly weapon used or exhibited was a firearm and the defendant is granted community supervision, the court...

Family Violence Assaults

To enhance an assault for family violence, prosecutors may use extrinsic evidence--not solely a CCP art. 42.013 judicial finding of family violence--to prove that the defendant was previously convicted of such acts according to the Houston Appellate Court in 2003.The...

Your assets in bankruptcy

When you file a bankruptcy to get rid of unwanted and oppressive debt, then you have to claim the items that you want to keep as exempt.  Most bankruptcies that are filed are able to claim all of the assets as exempt.In either Chapter 7 or Chapter 13 bankruptcy in...

Credit After Bankruptcy

In these times of financial hardship more and more average Americans are looking for the protection and relief found from bankruptcy. Most don't want to file; most didn't ever think they would be in this position; all are worried about their future after they file...

Solicitation of Prostitution

Solicitation of prostitution is a crime in Texas.  Not only can it result in confinement, but it can have an enormous influence on someone's career, marriage and child custody.  This allegation can stem from a misunderstanding, a joke that was taken the wrong way, or...

Archives