In re: Ballard, was a tenth circuit case where the debtors purchased a vehicle for personal use less than 910 days before filing a Bankruptcy Petition. The vehicle was financed by a loan from Chrysler giving it a purchase money security interest in the car. Mr....
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Month: December 2010
Mandatory Blood Testing
On Behalf of Pelley Law Office LLP | Dec 7, 2010 | DWI
The Texas Transportation Code requires that before an officer can take a blood sample from the defendant suspected of an intoxication offense, three requirements must be met:1. There is a life threatening incident;2. The defendant was arrested for an intoxication...
Breath and Blood Testing in DWI Cases
On Behalf of Pelley Law Office LLP | Dec 7, 2010 | DWI
Typically, a defendant's breath test results are going to be admissible in a DWI prosecution under Texas Rule of Evidence 403. Texas Rule of Evidence 403 states that all relevant evidence is admissible unless the probative value of the evidence is substantially...
DWI Stops
On Behalf of Pelley Law Office LLP | Dec 7, 2010 | DWI
A police officer does not have to observe a DWI personally to have probable cause for the arrest. Although, typically in a case the police officer will follow and observe an individual who seems to be displaying signs of intoxicated driving, the police officer can...
Theft and Crimes of Moral Turpitude
On Behalf of Pelley Law Office LLP | Dec 6, 2010 | Criminal Defense
Theft is known as a crime of moral turpitude. It is especially troubling to be charged with a theft because if you are convicted or if the matter is not expunged from your record, then it will be extremely difficult for you to get a job in many instances. When...
Credit Card Abuse
On Behalf of Pelley Law Office LLP | Dec 6, 2010 | Criminal Defense
An indictment must allege that the credit card was used without the named cardholder's consent.If a credit card abuse offense does not require that the defendant actually received the property, the indictment does not have to describe the property. Offenses that...
Forgery
On Behalf of Pelley Law Office LLP | Dec 6, 2010 | Criminal Defense
The elements of forgery are that the state shows that the defendant: 1: with the intent to defraud or harm another; 2: passed; 3: a writing; 4: that purported to be the act of another; and 5: that the other person did not authorize the act. An intent to defraud or...
One Leg Stand
On Behalf of Pelley Law Office LLP | Dec 4, 2010 | DWI
How often do you practice standing on one leg, with your hands down at your side, for thirty seconds, in front of a mirror and if you are unable to do so even though you have had nothing to drink, you have to take yourself to jail and hang out with felons for up to 48...
Bankruptcy Relief
On Behalf of Pelley Law Office LLP | Dec 2, 2010 | Bankruptcy
Filing for protection under the bankruptcy code can provide debtors with a great deal of relief and a fresh financial start. A Chapter 7 bankruptcy is available for debtors who pass the Means Test. Most people do actually pass the Means Texas, even in Collin County...
Division of community property and punitive damages
On Behalf of Pelley Law Office LLP | Dec 2, 2010 | Divorce
As to punitive damages, the Texas court reasoned that heightened culpability does not change the essential character of the wrong: a deprivation of community assets as opposed to a tort committed against a person or his or her separate property. A recovery of...