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When and How to Fight a Traffic Ticket

Legal Assistant February 20, 2020Resources Leave a Comment

To err is human, and at some point, in your driving life, you’re likely to make a mistake on the road that results in a traffic citation. It can be a confusing and frustrating experience that you would, quite frankly, rather avoid.

The fines associated with traffic offenses are no walk in the park either. They are designed to be punitive. Not to mention the points you’ll get on your driving record, which means paying higher premiums on your car’s auto insurance policy.

Knowing when and how to fight a traffic ticket is, therefore, crucial to increase your odds of a judge tossing out your ticket entirely. Here’s everything you need to know about the process.

When to Fight a Traffic Ticket

If you get a traffic camera ticket after running through a red light, you need to think about how you intend to deal with it. Is it better to simply pay the fine and move on or fight it in court?

In some states, it is mandatory to attend the court arraignment. In other states, offenders can skip the whole court process and just pay the citation within a prescribed time limit. Payment can be made online, by mail or at the courthouse.

The disadvantage of doing this, however, is that paying the fine suffices as an admission of guilt. This is subject to paying the maximum fine as per the rules that govern that particular violation.

So, if you want to fight a traffic ticket and increase your odds of getting it dismissed or perhaps minimizing the amount you have to pay in fines, going to court guarantees you the best possible outcome, either way, you slice it. Get a top traffic ticket lawyer in your jurisdiction and let them represent you in court.

If you’re in Texas, a quick search online for “traffic ticket lawyer Houston” or “CDL ticket lawyer Houston” will yield some of the most experienced traffic ticket attorneys in the area.

How Long Do Traffic Tickets Stay on Your Record

Different states have different time limits, but the average time is three years. Every traffic violation has an associated set of points attached to it. Houston traffic tickets, for instance, have either two or three points attached depending on the nature of the violation in question.

Any in-state or out-of-state traffic conviction earns you two points. Any in-state or out-of-state conviction that involves a crash earns you three points on your driving record.

These remain there for a total of three years from the date you were convicted. Having any number of points on your driving record – even just two negatively impacts the insurance premiums you’re required to pay.

The CDL traffic violation points allocation system is more stringent since commercial driver’s license-holders (CDL) are held to a much higher standard. Drivers in this category earn:

10 points for exceeding the speed limit by 15 mph or committing a violation in a construction zone
Seven points for going 11-14 mph above the legal speed limit
Four points for going 6-10 mph above the legal speed limit

Unfortunately, a CDL traffic ticket is more than an unwanted inconvenience in traffic court. It has a direct impact on your employment status.

You, therefore, need the best CDL traffic ticket lawyer to represent you in court if your license falls in this category. A CDL lawyer understands all the specialty permits and licenses drivers have to adhere to and knows all too well the risks that commercial drivers have to contend with daily.

How to Fight a Traffic Ticket

If you’ve been cited for a traffic violation, the best course of action to take would be to fight it in court. Here are six proven strategies you can use to get your ticket dismissed by the courts.

1. Challenge the Police’s Officer’s Judgment Call

One of the most common reasons why police officers often cite motorists is for driving in a manner that would be deemed unsafe or making dangerous turns on the road. In most cases, these situations require the officer to make a personal judgment on the way you’re driving and justify their reason for citing you.

For instance, suppose a police officer cited you for what they considered to be an unsafe lane change. When you show up to traffic-ticket court, you can argue that your decision to change lanes was safe given the weather conditions that were present on that specific day.

You can take your argument a notch higher by explaining to the court that when the alleged lane change took place, the officer in question was in the car ahead of you and was most likely paying more attention to the road ahead than to the vehicles changing lanes behind them. It is entirely likely that they were not in a position to make a subjective conclusion about the events that unfolded.

In some states, law enforcement officers can issue traffic tickets based on their personal opinion on whether the motorist is driving at a safe and acceptable speed. In these cases, the speed limit of the area in question isn’t clearly defined in the law.

So, a driver might argue that they are at liberty to use their discretion to determine what would constitute a “safe speed” given the traffic conditions and other factors at play. You can argue that you were, in fact, driving at a reasonable speed, certainly not a level worth getting cited for.

If you’ve received a speeding ticket for going above the speed limit, say doing 70 mph in a 60 mph zone you can argue that all the other cars in your lane were also traveling at 70 mph. So, moving any slower would have been hazardous to you and the other drivers as well.

2. Challenge the Officer’s Evidence

There are certain types of traffic tickets where it becomes difficult for the offending driver to question the judgment call made by the officer at the time of the citation. For instance, if you’re cited for making an illegal U-turn or running through a stop sign, it isn’t about an officer’s personal opinion since it’s a clear-cut traffic violation.

When fighting a traffic ticket of this kind, you have to take a different approach, and the validity of your argument ultimately boils down to whether or not the judge believes you. You have a high burden of proof to dispute the evidence presented by the officer.

One way to challenge the ticket would be to call into question whether or not the officer saw you commit the ticketed violation. Here are a couple of ways you can do this through your traffic ticket lawyer:

Get eyewitness statements from passengers who were in the car with you at the time of the alleged traffic violation or roadside pedestrians who happened to be at the scene. The idea is for them to corroborate your story.
Use diagrams or models to recreate the scene as you remember it. Show the respective position of your car and that of the officer. One possible scenario would be to show that the officer’s car was several blocks down the road, which would have made it impossible for them to see you commit the violation.
Take photographs of the scene that you can use as evidence to prove that the conditions present at that time made it impossible for you to avoid the violation. For instance, if you ran through a stop sign because it was being obstructed by an overgrown hedge or tree limb, you can take photographs of the scene and present them in court as evidence.

3. Fight Traffic Ticket Citations Based on “Mistake of Fact”

Suppose that you were driving in the middle of two lanes along the highway, and you receive a citation for it. If you didn’t realize that you were doing so because the road markers were completely worn, you could challenge the ticket based on “mistake of fact.”

Another example would be getting cited for making an illegal right turn on a road that you don’t use too often. You later discover that the no-right-turn sign had been blown down the previous day, so you did not see it and, as a result, were not aware that it was illegal to make a right turn there. This constitutes “mistake of fact.”

In most state jurisdictions, a traffic court judge hearing your case is at liberty to form their conclusion about the validity of your traffic ticket based on the strength of the evidence you present before them.

So, a reasonable judge might listen to your argument, look at the evidence you present, and throw out the ticket if, under the circumstances, it was impossible to not to commit the offense. However, this doesn’t apply if the violation was committed as the direct result of your reckless driving.

4. Justify Your Actions

As they say, the fastest way to get from one point to another is through a straight line. So, rather than try to point out mistakes in the citation process or poke holes in the evidence presented by the police officer, you can admit to the traffic violation, but present facts that justify your actions at the time.

The idea is not to dispute the ticket but to instead paint a picture of the factors that compelled you to drive that way. For instance, imagine that you are a truck driver who was cited for changing lanes recklessly along the I-90.

Some of the top lawyers for truck drivers would argue that you had been working pretty long shifts and that you were suddenly hit by a dizzy spell. You, therefore, had to quickly pull over to avoid causing a crash.

Another example would be if you got ticketed for speeding on a highway. A traffic ticket attorney representing you in court could argue that you noticed the car ahead of you swerving dangerously. You had no choice but to speed up when passing them to avoid a collision. This line of defense, however, wouldn’t hold up too well if the officer proves that you continued speeding down the highway long after you had passed the motorist in question.

5. Let a Traffic Ticket Lawyer Fight Your Battles for You

When you’re trying to figure out how to fight a traffic ticket, no one ever tells you how crowded traffic court usually is. Whether or not you’re guilty of the violation, you’ll need to clear out your schedule and wait for hours on end before your case comes up for hearing.

Rather than spend an infinite amount of time there, why not let the professionals handle it? Hiring a lawyer not only saves you time, but it also increases your odds of getting the ticket dismissed or, at the very least, reduces the fines you’ll have to pay.

6. Enroll in Traffic School

Some states have traffic school as an option to prevent traffic violations from going into their driving records. Texas traffic tickets, as well as those from California and Florida, have that option.

So, if you’re in any one of these states and have committed a traffic offense, you can avoid high insurance rates in the future by enrolling in a defensive driving-school to take a safety course. The process isn’t automatic, though.

There are certain offenses for which traffic school isn’t allowed, and you can only enroll once every 12 months. So, if you commit the same offense multiple times in the year, you can only use traffic school as a defense strategy once in that year.

A motorist must first admit fault and, in some cases, also pay the citation fine before they can be considered eligible. Trucking lawyers, however, can’t use this as a defense strategy. CDL offenders in most states are usually denied the choice to attend traffic school to avoid getting points on their driving records.

Fight it Out in Court

Getting a traffic ticket doesn’t always mean that you deserved it. Fighting it in court is your best option and often pays off in the end. Consult with a regular or CDL ticket lawyer to device the best strategy to beat your ticket.

If you have more legal questions, you can also chat now with a Laws101.com attorney, where you’ll be instantly connected to a lawyer who can give you legal guidance on your specific case or question.

Slate Wiped Clean: What Is Criminal Record Expungement?

Legal Assistant February 20, 2020Criminal Law Leave a Comment

We’ve all done some things in our past that we’d rather leave in our past. Unfortunately, sometimes they return to haunt us in more ways than we’d care to relive.

Perhaps you have a criminal conviction on your record. You served your time, and now, you want to get on with your life. Sadly, something like this will likely follow you for the rest of your life, even if it was a minor misdemeanor.

You might not think that it’s not worth your time and effort to try and get your record expunged, but it can open up a whole new world of possibilities you never imagined possible.

Here’s what you need to know about record expungement.

What Does Expunged Mean?

When you get arrested or convicted, this information appears on a public record that is accessible to anyone who runs a background check on you. The term expunged as used within the legal fraternity refers to the process of “erasing” these records so that this information doesn’t come up on your public record.

Who Can See Expunged Records?

“Record expungement” and “record sealing” are often used interchangeably, but they mean two different things. In an expungement, the legal record is erased in the eyes of the law. Sometimes, the record may even be destroyed entirely, making it almost like the arrest or conviction never happened.

Having your record sealed, on the other hand, means that although it is still kept by the government, it is shielded from public view. That way, no one can look at it. However, if the state deems it a matter of public interest that your records should be unsealed, the arrest and conviction details will pop right back up in your profile.

Expunge Record – Reasons Why You Should Do It

Getting your criminal slate wiped clean may be the fresh start you need to get your life in order. Here’s why the record expungement process is worth your while.

1. You’ll Get a Job

There’s no escaping it. Filling out a job application involves stating whether or not you’ve previously been convicted of a crime. In all cases, this leads to an automatic disqualification, which means you won’t be considered for the position.

2. You Can Secure Adequate Housing

Most landlords look into your criminal past to establish whether you’ll make a suitable tenant for their property. More often than not, if a conviction comes up when they run a background check on you, it usually marks the end of the road to living in your dream home.

3. You Can Secure a Loan

Financial institutions typically look into your criminal record to determine if you’re a suitable candidate before they can disburse a loan. Chances are if a conviction comes up, they’ll deny your loan application.

4. You Can Get College/University Admission

When applying to institutions of higher learning, universities are likely to deny your application based on a criminal conviction or arrest that comes up when they run a background check on you. This works against you in your pursuit of further education.

5. You Can Become a Foster or Adoptive Parent

All states, the District of Columbia, as well as, the US territories have statutes and regulations in place that require background checks to be done on prospective foster and adoptive parents. In most states, having a criminal record disqualifies you as a potential parent.

6. Get Competitive Rates on Insurance Premiums

If you have a DUI-/DWI-related arrest or conviction, chances are you’re paying exorbitant rates on your car insurance premiums. A DUI expungement will see you enjoy competitive interest rates on premiums since your insurer will no longer view you as a high-risk client.

What Crimes Can Be Expunged

Not all states allow for the expunction of a criminal record. Those that do have a set of requirements to determine if you’re eligible for a record expungement. The crimes that can be expunged, as well as the stipulations for the expunction, depend on the state in question.

For instance, to qualify for record expungement in Texas, the following requirements have to be met for both felony and misdemeanor offenses: That

The charges leveled against you were dismissed at trial
You were acquitted
You were never charged after an arrest
You were later found “not guilty” after being convicted
You were later pardoned after being convicted

The following crimes, however, are not eligible for expungement in Texas:

Murder
Aggravated kidnapping
Domestic violence
Crimes that require a person to register as a sex offender
Stalking
Human trafficking
Injury to a child, elderly person or someone with a disability

How to Get Record Expunged

The first step is to get in contact with an expungement lawyer and find out if you are eligible. If you are, you can then proceed to file a petition for expungement through your attorney and pay the required court fees. You’ll then have to wait for the court to process your paperwork before you can receive a hearing date for a judge to expunge criminal record history.

In some states like Texas, if you were arrested but not formally charged for the crime in question, you have to wait for a specific time-duration before you can file a petition for expunction. For instance, the waiting period for class A and B misdemeanors is 12 months from the date of arrest, whereas that of class C misdemeanors is 180 days from the date of arrest. Felony charges, on the other hand, have a waiting period of three years from the date of arrest.

Get a New Lease on Life

While expunction laws may vary from one jurisdiction to the next, having a qualified expungement attorney in your corner is your best chance at getting a favorable outcome and a brand new lease on life. They are best suited to determine the specific laws in your area and circumstances surrounding your arrest and/or conviction to help you get your record expunged and reputation restored.

Don’t let one mistake haunt you for the rest of your life. Take back your future by cleaning up your criminal history today.

How Long Does a DUI Stay on Your Record?

Legal Assistant February 20, 2020Personal Injury Law Leave a Comment

Driving under the influence, or DUI for short is one of the most common criminal offenses in the US. According to data from the Department of Justice, more than 1 million people are arrested each year for DUI violations.

Having a criminal record can be problematic, to say the least. A momentary lapse in judgment could have far-reaching implications on your ability to get adequate housing, secure a job with a prospective employer, get college admission, enjoy competitive rates on loans and insurance premiums… essentially anything that would require a background check, which usually involves a criminal record check.

This begs the question: How long does a DUI stay on your record? Can you get it expunged? This guide will answer those questions in depth.

Is a DUI a Criminal Offense?

While getting behind the wheel when you’re drunk or under the influence of drugs may not seem like such a big deal, it is. A DUI is, for all intents and purposes, a serious criminal offense.

This means that a prior drunk driving-related misdemeanor or felony conviction will show up on your record if someone runs a background check on you. However, there are a few exceptions when a DUI could be categorized as a non-criminal offense.

DWI vs. DUI

DUI is short for “Driving Under the Influence,” while DWI stands for “Driving While Intoxicated.” In other (though less common) instances, DWI could also mean “Driving While Impaired.

As much as these terms may have different meanings depending on the state you reside in, they all generally refer to the same offense. They both mean that a driver has committed a grievous offense that put their health and safety, as well as that of others, at risk by operating a motor vehicle while in a state of intoxication.

Some states refer to drunken driving as DUI. Others call it DWI. Others use both DUI and DWI to refer to alcohol-induced intoxication and drug-induced intoxication, respectively. In other states like Texas, DWI is used when an adult commits the offense, while DUI is used when a minor (under the age of 21) commits the offense.

If an individual is charged with any of these offenses, it means that the law enforcement officer had reason to believe that the driver was too impaired to drive. They would then proceed to conduct a field sobriety test, which is a series of tests that they use to determine if the driver is fit to drive.

If the driver fails, it is usually an indicator that they have a blood alcohol concentration (BAC) of 0.10 percent or higher. The legal limit for all states is 0.08 percent.

Felony vs. Misdemeanor DUI

A DUI can be categorized as either a felony or a misdemeanor. While both are criminal offenses, misdemeanors are considered less serious than felony crimes. Misdemeanors generally don’t carry with them the possibility of prison time.

They are typically punishable by a short stint in jail (not prison), a fine, and probation. If no aggravating factors are involved, first time DUI offenders are charged with a misdemeanor crime. However, in aggravated DUI cases such as where a driver’s impaired driving causes an accident that leads to injury or has a minor on board at the time of the incident, then the misdemeanor charge is elevated to a felony.

If you’re convicted on a felony charge, even as a first-time DUI offender, stiffer penalties are involved. Federal law classifies felonies by the amount of prison time involved.

It means that you could be incarcerated for anywhere between one and 20 years. Some of the most common situations that could result in a felony DUI include:

1. Elevated Blood Alcohol Concentration (BAC)

Every state currently sets the BAC limit at 0.08 percent. If a driver is found to have a blood-alcohol level that surpasses this limit, then they violate this statute. However, in some states, if chemical tests reveal that the BAC is higher than 0.16 percent, then the standard misdemeanor charge is upgraded to a felony.

2. Grievous Bodily Harm or Injury

Misdemeanor DUI charges can get elevated to felony DUIs if an individual driving while intoxicated causes bodily harm or injury to both themselves and others. However, prosecutors will have to demonstrate that the driver is indeed the one responsible for the injuries. For instance, suppose that a driver (who isn’t intoxicated) runs a red-light stop, ends up crashing into an intoxicated motorist, and both parties suffer injuries as a result.

When a police officer arrives at the scene and establishes that the intoxicated driver wasn’t responsible for the crash, they will still be arrested. However, it will be on a standard misdemeanor charge. If both drivers were intoxicated at the time, then the one who caused the accident will be arraigned on felony charges while the other on a misdemeanor offense.

3. Having Prior DUI Convictions

If a driver is a repeat DUI offender with multiple prior convictions within a given duration, the arresting agency will charge them with a felony DUI. The threshold of the number of prior convictions required varies by state.

New York, for instance, charges an intoxicated driver with felony DUI if they had just one prior conviction within the past 10 years. In Texas, having two prior convictions will earn you a felony DUI.

4. Having a Child in the Vehicle

If you have children in the car with you at the time of your DUI arrest, you will be charged with a felony. The ages that trigger the law, as well as the respective consequences for each, may vary from state to state.

5. Driving With an Invalid License

If you have an invalid driver’s license at the time of your DUI arrest, the standard misdemeanor charge will automatically get elevated to a felony. Having a revoked, restricted, or suspended license means that you are not authorized by law to be driving a vehicle on a public road.

A DUI in Texas

In Texas, a DUI and a DWI both refer to an intoxicated driver operating a motor vehicle on a public road with a BAC level that’s over the legal 0.08 percent limit. It also refers to an individual whose mental and physical faculties have been impaired by drugs or any other intoxicating substance.

A DWI charge, however, applies to adults while a DUI charge is applied to minors (anyone under the age of 21). Texas has a strict zero-tolerance policy on minors driving with any detectable amount of alcohol in their system.

If they are pulled over by police officers and found to have alcohol or drugs in their system, they will be charged with a DUI. If a chemical test reveals the BAC to be higher than 0.08 percent, then they will be charged with a DWI regardless of their age.

DUI in Texas First Offense

Texas DUI penalties for first-offense minors aged below 17 years include a $500 fine (at the most), between 20 and 40 hours of community service, a 60- to 180-day driver’s license suspension, and mandatory alcohol awareness classes for both the minor and their parent.

If the minor is between the age of 17 and 20 and found to have a BAC of more than 0.08 percent, the penalties include a fine of up to $2,000, a 90-day license suspension, and between three and 180 days’ worth of jail-time.

For first-offense minors aged between 17 and 20 years, penalties include a $2,000 fine (at the most), between 72 hours and 180 days of jail time, and a 1-year driver’s license suspension. If the court orders community supervision instead, the suspension can be reduced to 90 days, provided that an ignition interlock device (IID) is installed in the vehicle.

DUI in Texas 2nd Offense

A second underage conviction within 10 years carries with it more severe DUI penalties. The consequences include a $500 fine (at the most), between 40 and 60 hours of community service, a 120-day to two years driver’s license suspension, and mandatory alcohol awareness classes.

For minors aged between 17 and 20 years, the penalties include a $4,000 fine, 30-day to one-year jail time, and a 180-day to 18-month driver’s license suspension.

3rd offense DUI Texas

For minors aged below 17 years who commit a 3rd DUI offense within 10 years, penalties include a fine not exceeding $500, between 40 and 60 hours’ worth of community service, and a 180-day to 2-year driver’s license suspension.

If they are aged between 17 and 20 years old at the time of the DUI, then the penalties include a fine of not more than $10,000, a two to 10-year confinement in the state penitentiary and a 180-day to 2-year driver’s license suspension.

The Implied Consent Law Texas

The Implied Consent Law in Texas states that if you are pulled over by a law-enforcement officer who has probable cause to believe that you are driving while impaired, you are required to consent to one or more chemical tests. Refusal to submit to blood or breathalyzer tests may see you face additional administrative penalties which include:

A 180-day license suspension for a first-offense refusal
A 2-year license suspension for a second-offense refusal
A 2-year license suspension for a third-offense refusal

Take note that the officer is at liberty to request a warrant to obtain a blood sample if you don’t provide it voluntarily. In some instances, however, refusing to submit to chemical testing can make it harder for the prosecutor to convict you of a DWI since there will be no blood alcohol content evidence. If you’re ever in this situation, it’s always best to talk to a DUI lawyer and explore your options.

How Long Does a DUI Stay on Your Record?

Getting a DUI/DWI conviction can leave a lasting stain on your criminal record. Usually, criminal convictions, even for DUI and DWI, stay on your record indefinitely until it is expunged.

However, certain criteria have to be met before a DWI can be expunged from criminal records. In Texas, for instance, a DUI can be expunged if:

You were a minor when you were arrested (but not convicted) for DUI
You were arrested for DWI, but no charges were filed
You were arrested and charged for DWI, but the court dismissed your case
You were arrested and charged for DWI, but you were found “not guilty” by the courts
You were convicted for DWI, but you later appealed the initial conviction and won

It was not until June 2017 that the HB3016 legislation was passed. Thanks to the law, DWI convictions could now qualify for expunction in Texas. However, only first-time non-violent DWI offenders can get their conviction records sealed.

When a record is sealed, it is no longer on your public record, which means that anyone running a background check on you will not see that you were previously convicted.

How to Get Your DWI Records Sealed

To get your DWI conviction records sealed, you need to show that:

You were a first-time DWI offender and have had no other convictions since then
Your BAC was not more than 0.15 percent
You have no Boating While Intoxicated (BWI) or Flying While Intoxicated (FWI) convictions
You have no other criminal convictions
You haven’t received a deferred judgment for any other crime
You fulfilled all the terms of your probation or criminal sentence, including the payment of mandatory fines
No one else suffered bodily harm or injury as a result of your DWI

If you meet all the criteria outlined above, then you qualify for a sealing of your DUI/DWI conviction. The next step would be to satisfy the mandatory waiting period as required by the state before requesting an Order of Non-Disclosure. The waiting period could last anywhere between two and five years, depending on the unique circumstances surrounding your case.

Stained But Not Permanent

DUIs, like most criminal convictions, don’t drop off your record easily. They remain there indefinitely unless you meet the stringent state requirements required to get them expunged.

If you believe that you qualify to get your DUI removed from your record, consult with an attorney who can help you prepare and file a petition to be submitted to the court. The process takes time, so be prepared for the wait.

Find the Best DWI Lawyer in Houston

Legal Assistant February 20, 2020Personal Injury Lawyers Leave a Comment

It all started with a coworker inviting you out for Happy Hour. Before you know it, you’ve downed several drinks and are feeling a little woozy, but nothing a good night’s rest won’t fix. After all, tomorrow’s Saturday so you can sleep in.

Your car is parked out front, and even though you still have the frame of mind to know that you shouldn’t be driving in your state, you only live a couple of blocks down the road.

“It’s no more than a 5-minute drive,” you convince yourself. So, you get behind the wheel, crank up the engine and off you go. You get pulled over a few minutes later, and now you have a DWI charge on your hands. What’s next?

For starters, you need to find the best DWI lawyer in Houston to get you out of your current predicament. Here’s everything you need to know about what’s in store.

DUI vs. DWI in Texas

You are no doubt already familiar with the two terms. But what do they mean? A DUI in Texas is short for “Driving Under the Influence,” while DWI is short for “Driving While Intoxicated.” In some states, the two terms mean different things, with one referring to impairment caused by alcohol and the other by drugs or other intoxicating substances.

A DWI in Texas is the legal definition of this crime, although many people use both terms interchangeably. However, Texas DUI laws apply to individuals under the age of 21.

So, if anyone considered a minor under the Texas Traffic Code is caught driving with alcohol in their system, then they will be charged with a DUI. If their blood alcohol concentration is found to be at least 0.08 percent, then they will be charged with (the more serious) DWI.

Texas has a zero-tolerance policy on underage drinking and driving. Penalties include paying a fine of up to $500, having your driver’s license suspended for 60 days, completing between 20 and 40 hours of community service, and attending mandatory alcohol-awareness classes.

Minors aged 17 years and older could have to pay a fine of up to $2,000, spend between three and 180 days in jail and have their driver’s license suspended for anywhere between 90 days to a year. Second- and third-time DUI offenders face stiffer penalties. If your child is facing DUI charges, a Houston DWI lawyer is your best bet to keep them out of jail.

Texas DWI Penalties

If you operate a motor vehicle on a public road while you are intoxicated, you can be convicted of a DWI in Houston, TX. State law defines being “intoxicated” as lacking the normal use of both mental and physical faculties after consuming alcohol, drugs, or any other substance that can cause impairment.

It also defines intoxication as having a blood alcohol concentration (BAC) of at least 0.08 percent. Being arrested, however, doesn’t equate to getting convicted. So, for the most part, unless you take a plea bargain or plead guilty to the charges in a court of law, you won’t be facing any penalties unless you’re convicted.

An arrest without a conviction doesn’t exempt you from facing administrative penalties outside the confines of jail-/prison-time. The administrative consequences of a DWI charge include license suspension and mandatory fees.

On the other hand, if you get convicted, you could be staring at criminal penalties in addition to the administrative ones. If you get arrested on a DWI charge in Houston, ensure that you have the best DWI lawyer Harris County has to offer, to help you fight those charges.

DWI in Texas First Offense

DWI offenses in Texas are taken very seriously and bear severe financial penalties, even for first-time offenders. These are the most common criminal offenses committed even by those who don’t have a criminal history.

But, make no mistake about it. Being a first time offender doesn’t exempt you from being arrested and criminally prosecuted. So, it’s important to know what you’re up against if you ever find yourself in such a situation. Here’s what to expect.

Administrative Penalties

If you’re arrested for a first-time DWI offense in Texas, the Department of Motor Vehicles (DMV) reserves the right to impose license revocation penalties. If you refuse to submit to or fail a drug or alcohol test, the police officer is at liberty to confiscate your driver’s license on the spot.

You will, however, be issued with a “Notice of Suspension” which suffices as a temporary driving permit. You’ll then have 15 days from that date to request a hearing to appeal the license revocation.

Refusing to submit to a drug or alcohol test violates Texas DWI laws on Implied Consent. So, the DMV has no choice but to suspend your license for an extra 180 days after your temporary license expires.

First-time offenders are eligible for an “occupational license.” However, this limits your driving to specific places like work or school – basically any place that is deemed necessary for you to accomplish your essential household duties. To be eligible, you have to install an ignition interlock device (IID) (at your own expense) on all the vehicles you operate in addition to providing evidence of financial responsibility.

Criminal Penalties

First-time DWI offenses in Texas are categorized as class B misdemeanors. But, if the driver had a BAC of more than 0.15 percent, then it is classified as a class A misdemeanor.

Upon conviction, a DWI fine in Texas could see you pay up to $4,000 in fines, in addition to the administrative fees. You could also spend anywhere between 72 hours and six months in jail. If the BAC was more than 0.15 percent, possible jail time goes up to a minimum of one year.

The sentence also includes community service, probation, and attendance of a DWI education program. The motorist’s license also gets suspended for a minimum of 90 days and a maximum of 12 months, as well as a three-year annual license surcharge of between $1,000 and $2,000.

DWI in Texas 2nd Offense

Second-time DWI offenders face stiffer penalties if convicted when compared to first-time offenders. If you are arrested on a DWI charge within 10 years of a previous drug- or alcohol-related encounter which, in this case, could be anything from a prior DWI to refusing to submit to drug or alcohol testing, here’s what to expect.

Administrative Penalties

The DMV can suspend your license and impose fees regardless of whether you are ultimately convicted in a court of law. The initial “hard suspension” period lasts 90 days. You won’t be able to drive at all during this time.

Refusing to submit to or failing a drug or alcohol test gives the arresting officer the right to confiscate your license, at which point you’ll have 15 days from the date you were arrested to appeal the decision. If you miss this deadline, your license will remain suspended for 12 months commencing on day 41 of your arrest.

Failing the drug/alcohol test suspends your license for one year. However, you can apply for an occupational license to use during the suspension period.

If this is your second drug- or alcohol-related encounter in 5 months, the license suspension duration increases to 180 days up from the initial “hard suspension” 90-day period. You’re also required to pay the DMV annual license surcharge of $1,500 every year for three years. However, this amount goes up to $2,000 if your BAC was above 0.15 percent.

Criminal Penalties

A second offense DWI in Texas is considered a class A misdemeanor. Penalties for this include jail-time ranging from a minimum 30-day period up to a maximum of one year behind bars. While mandatory fines cannot exceed $4,000, the fees and penalty assessments you’ll have to pay can significantly increase this amount further.

Errant motorists could also be required to complete 80 to 200 hours of community service, undergo a maximum two year probation period, and complete a DWI education class, as well as a substance abuse evaluation/rehabilitation program. This is usually the second part of a DWI assessment. Drivers will also be required to install an IID on all vehicles they operate while their charges are still pending.

DWI in Texas 3rd offense

If this is your third DWI arrest within 10 years of a prior drug- or alcohol-related encounter with law enforcement, you will be charged with a felony crime which comes with some serious administrative and criminal penalties. You would need to retain the best DWI lawyer in Houston to help you fight those charges to get them reduced to a misdemeanor or reduce the prison time you’ll potentially be serving.

Here’s what you can expect.

Administrative Penalties

Regardless of whether you are ultimately convicted of a DWI, the DMV can still impose both punitive fees and license suspensions. If you fail a drug or alcohol test or refuse to submit to them, the law enforcement officer can confiscate your license on the spot.

You’ll have 15 days thereafter to appeal the suspension. Missing this crucial deadline will see your license remain suspended for 12 months starting from day 41 after your arrest.

If you’ve had a previous drug- or alcohol-related encounter with law enforcement within the last five years, you’ll get with an initial 90-day “hard suspension.” You won’t be able to drive at all until this period elapses. Afterward, you can apply for an occupational driver’s license. In addition to this, you will be required to pay the DMV an annual license surcharge of $2,000 every year for three years.

Criminal Penalties

If this is your third DWI arrest within 10 years, the charge gets elevated from a misdemeanor to a felony. Felony charges have more serious legal consequences, which could see you do anywhere between two and 10 years in state prison.

You could also pay up to $10,000 in fines. So, you need the best Houston criminal lawyer to get the best possible outcome in the case.

If convicted, you’ll have to complete a DWI education class, attend a DWI impact panel, complete up to 600 hours of community service, and have up to two years’ probation. After a convicted motorist completes their prison sentence, the conditions of their release will require them to install an IID on any vehicle they drive for one year from the date their license is reinstated.

DWI and Aggravated DWI – What’s the Difference

So, far we’ve looked at standard DWI charges in Texas. This means that an individual was arrested for operating a vehicle on a public road with impaired mental and physical faculties due to alcohol- or drug-related intoxication. To be convicted on a standard DWI charge, the burden of proof rests on the prosecution to show that your BAC was at least 0.08 percent.

An aggravated DWI in Texas, on the other hand, is something entirely different. It means that there are special or “aggravating” circumstances surrounding the standard DWI charges. These include:

Having a BAC of more than 0.15 percent
Having been previously convicted of a DWI
Having a minor in your car at the time of the arrest
Causing an accident that leads to injury or death while driving in an intoxicated state

An aggravated DWI charge increases the severity of the penalties you’ll be facing, even for first-time offenders, and ultimately rests on the aggravating factor in question. For instance, if your drunk-driving caused a crash that led to a fatality, the class B DWI misdemeanor is automatically elevated to a second-degree felony.

This carries up to 20 years in prison, as well as up to $10,000 in fines. If it caused serious injuries but no deaths, then you’ll face a third-degree felony which carries up to 10 years behind bars, as well as up to $10,000 in fines.

DWI Expungement Texas

If you’re wondering whether a DWI conviction can be expunged from your record in Texas, the answer is – it depends. To qualify for DWI expungement in Texas, you need to prove that:

You were a minor at the time of the DUI arrest
The DWI charges were never filed
The courts dismissed your DWI case
If your case went to trial, the judge or jury found you “not guilty”
You won your DWI conviction appeal

Competence Is Key When Getting Legal Help

Before you hire an attorney to represent you in your DWI charge, ensure you pick the right one. Determine if they are qualified to handle your case to give you a fighting chance at reducing the severity of the charges you’re facing.

A DWI is a serious charge and can have lifelong implications. Don’t take any chances. Find the best DWI lawyer in Houston who’s willing to go to bat for you.

DWI vs DUI – How They’re Different in the Eyes of the Law

Legal Assistant February 20, 2020Personal Injury Law Leave a Comment

According to a recent study done by the U.S. Centers for Disease Control and Prevention, more than 34 million Americans aged 16 and over reported to driving while under the influence of alcohol, marijuana, or some other kind of illicit drug.

If you’re pulled over and arrested for driving while intoxicated, you’ll likely be charged with a DUI or DWI depending on the state you’re in if your blood alcohol level exceeds the legal limit.

But, what is the difference between DUI and DWI, and which one is worse? This article explores in depth everything you need to know about DWI vs DUI.

What Is a DWI?

The standard DWI definition is “Driving While Intoxicated,” although in some states, it stands for “Driving While Impaired.” If someone is charged with a DWI, in most cases, it means that the individual is impaired by a substance other than alcohol.

In some states like Texas, a DWI charge applies specifically to adults driving with a blood-alcohol level that’s above the legal limit. In other jurisdictions, “driving while impaired” refers to any form of incapacitation of a driver’s mental and physical capabilities where alcohol or drugs aren’t necessarily responsible.

So, falling asleep while driving, having a medical illness that causes clouded consciousness, or any condition that renders it impossible for you to safely control your vehicle are all grounds for a DWI charge in these jurisdictions.

What Is a DUI?

The standard DUI definition for most states is “Driving Under the Influence.” The charge is typically associated with drunk driving, although some states also apply it to driving while under the influence of illicit or prescription drugs or any other substances known to cause intoxication.

In many states, the law on DUI is very specific, and the driver must be “operating a motor vehicle” while in an impaired state for an officer to charge them with the offense. This casts the net wider to include anyone who appears to be in physical control of the vehicle even if it isn’t moving. So, sitting in the driver’s seat with the key in the ignition, even if the car isn’t moving, would be deemed a DUI offense.

Which Is Worse, DUI or DWI

The line between the two charges can often get blurred, depending on the state you’re in. However, in the eyes of federal law, they are both the same. The difference only comes about at a state level.

You would need to get familiar with your respective state laws to distinguish between the two offenses. In states where both DWI and DUI are defined in law, more often than not, a DUI charge is considered the lesser offense. First-time offenders in these cases could reduce the DWI charge to a DUI if their blood alcohol concentration (BAC) was below the 0.08% limit.

In other states like Texas, a DWI charge applies to adults (above the age of 21) who are arrested for driving while impaired by alcohol or drugs. A DUI charge in the state, on the other hand, applies to minors who are pulled over for drunk driving.

In some states, a DWI charge applies to driving-while-impaired by illegal narcotics or prescription/over-the-counter medicine while a DUI offense relates to alcohol-related impairment. In other jurisdictions, the DUI charge is drug-related, while the DWI is alcohol-related.

Regardless of the state or jurisdiction, you’re in both DUI and DWI offenses involve some form of alcohol – or drug-induced intoxication, which would give the arresting officer reason to believe that you are too impaired to drive. They are both serious crimes and involve some hefty penalties. The severity of the punishment all depends on whether it is classified as a misdemeanor or felony crime, as well as the respective state laws applicable in your jurisdiction.

DUI and DWI Penalties

If you’re wondering, “Is a DUI a criminal offense?” The answer is – yes, and so is a DWI. Depending on the unique circumstances surrounding your arrest, the penalties you’ll potentially be facing depend on whether you’ve been charged with a misdemeanor or felony DUI.

Misdemeanor DUI

Misdemeanor charges are generally less serious offenses than felonies. A misdemeanor DUI / DWI is typically punishable by some jail- (not prison) time, a fine, probation, and attendance of a mandatory alcohol education program.

For all states, first-time DUI offenders are usually charged with a misdemeanor as long as there are no aggravating factors involved. However, it is still a criminal offense and will appear on your record if someone runs a background check on you.

Felony DUI

If you’re arrested on a standard DUI charge, certain aggravating factors can upgrade it to a felony even for first-time offenders. This, however, is at the discretion of the state prosecutor.

Felonies tend to carry stiffer penalties than misdemeanors. These include substantial fines, at least one year in prison, and other punitive administrative and criminal penalties. Examples of aggravating circumstances that would elevate a misdemeanor DUI / DWI to a felony include:

If the accident caused bodily harm or injury to others
If there was a fatality
If the driver’s BAC exceeded the legal limit by more than double
If there was a minor in the car at the time of the arrest
If the driver has prior DUI / DWI convictions within a specified duration
The driver’s license was suspended, restricted or revoked at the time of the incident

If someone suffers from grievous bodily harm or ends up getting killed in a DUI-related accident, the state prosecutor may add any of the following charges over and above the felony charge:

Vehicular manslaughter
Vehicular homicide
Criminal negligence

A felony DUI cannot be expunged from your records. Some states allow first-time DUI offenders to get their record expunged, provided that they meet the criteria necessary for a DUI record expunction. This includes not having any other conviction on record.

Explore the Best Defense Strategies Available

A DUI or DWI is a serious criminal offense any way you slice it since they both involve driving while impaired by alcohol and/or drugs. While the penalties for each may be different from state to state, their respective severity all boils down to whether you have a misdemeanor or felony charge on your hands. Either way, a competent DUI attorney can help you explore all the possible defense avenues available to you.

DUI / DWI Lawyers – What Do They Do

Legal Assistant February 20, 2020Personal Injury Law Leave a Comment

If you get arrested for drunken driving, let’s just say that a series of events awaits you, all of which will cost you money and loads of it. However, don’t forget the spirit behind why DUI and DWI laws exist.

They protect both the driver, as well as other motorists on the road, by deterring drivers from getting behind the wheel when they are in an impaired state. According to statistics from the US Department of Transportation, almost 30 people lose their lives every day in drunk-driving-related crashes. That’s one person every 50 minutes.

With such figures, it’s not surprising why DUI and DWI offenders risk facing stiff penalties if convicted. If you are ever arrested for a DUI, you need to retain the services of the best DUI lawyer to represent you. The same applies if you are fighting a DWI charge.

But what do DUI / DWI lawyers do, and do you need one? This guide seeks to answer this question in depth.

What Is the Difference Between a DUI and DWI?

DUI is an acronym that’s short for “Driving Under the Influence.” DWI, on the other hand, stands for “Driving While Intoxicated.” DUI and DWI can sometimes refer to the same offense or can have different meanings. It all depends on the state in which you were pulled over.

However, both terms describe impaired or drunken driving and are not just limited to alcohol and recreational drugs. If prescription drugs impair your ability to operate a vehicle and you get pulled over, you would still be charged with a DUI/DWI.

In states that use both terms, more often than not, one of them will refer to alcohol-related impairment while the other will refer to drug- or substance-related impairment. The meaning of each one is likely to reverse from state to state.

For instance, in some states, DWI refers to driving while intoxicated with a blood alcohol content that is above the legal limit, whereas a DUI charge refers to the driver being under the influence of drugs.

In other states, DWI refers to “Driving While Impaired” by drugs, or other intoxicating substances, whereas DUI refers to “Driving Under the Influence” of alcohol. So, it is always best to check the definitions of the two terms based on the state you reside in.

DUI Misdemeanor vs. Felony Charges

Depending on the circumstances surrounding your arrest, a DUI can either be a misdemeanor or a felony. The potential penalties for the two categories of offenses differ significantly.

A misdemeanor crime is considered to be a less serious offense than a felony. If you are charged with a felony DUI, you could be looking at a year or more in prison in addition to monetary fines and other penalties.

A misdemeanor DUI, on the other hand, may see you spend up to a maximum of one year in jail. So you need the best DUI lawyers in your corner to help you fight those charges.

The circumstances that differentiate a misdemeanor crime from a felony vary from state to state. This essentially means a driver with a DUI misdemeanor charge in one state may very well have been facing a felony charge if the same offense occurred in a different state.

Regardless of this, most states share common factors that can turn a DUI / DWI misdemeanor charge into a felony charge. These factors are referred to as aggravating circumstances. Some of these are detailed below:

Blood Alcohol Concentration (BAC)

The level of intoxication of the driver can upgrade what would have otherwise been a misdemeanor charge to a felony DUI. This is determined by the Blood Alcohol Concentration (BAC).

If someone drinks excessively and then gets behind the wheel, a police officer will often check to see whether their BAC is above the legal limit. Most states set the limit at 0.08 percent. This is the minimum blood alcohol level an individual must have before they can be charged with a DUI.

If you were pulled over and found to have a BAC that’s significantly higher than the legal limit, say 0.16 percent or more, then you’ll likely be charged with a felony DUI. That would be the ideal time to call a DUI lawyer since you could be looking at some pretty stiff penalties if you decide to go it alone.

Accident That Results in Injury

It’s one thing to be pulled over by the cops on suspicion that you are driving while intoxicated, but it’s another to be in an accident that results in harm or injury, which can be directly attributed to alcohol-, drug-, or substance-related impaired driving.

For instance, if you got into an accident while driving with a BAC that was above the legal limit, you might be charged with a misdemeanor DWI. But, if someone was injured or killed in the process, then the misdemeanor charge would be elevated to a felony.

If the intoxicated driver, their passengers, or any other road users who were present at the time of the crash suffer bodily harm or injury, these all constitute aggravating circumstances that are grounds for a felony charge. Such incidences require the specialized expertise of the best DUI accident lawyer.

Previous DUI / DWI Offences

If you are a first-time DWI offender with no aggravating factors surrounding your arrest, you’ll likely be charged with a misdemeanor offense. However, if you are a repeat offender with previous DWI violations and/or convictions within a prescribed time limit, then you’ll likely be facing a felony charge the next time you’re pulled over for drunk driving.

In some states, for instance, if a driver has previously been convicted at least three or more times on DUI charges within 7 years, then the next charge will likely be a felony DUI even if the factors of the arrest would have otherwise rendered it a misdemeanor.

Having a Child in the Car at the Time of the Arrest

If you were pulled over and found to be driving with a BAC that was above the legal limit or under the influence of drugs and had other people in the car with you, there’s a good chance that you’ll be charged with a felony DWI as opposed to a misdemeanor. In some states, however, if one or more of the passengers were children, then you’ll have a felony charge on your hands. A child is considered to be anyone under the age of 16, although the threshold may vary from one state to the next.

Having a Suspended Driver’s License

Regardless of the aggravating circumstances (or lack thereof) surrounding a DWI arrest, if you are found to be driving with a suspended license, a misdemeanor would automatically be elevated to a felony charge. Having a suspended license technically means that you are not permitted to drive in the eyes of the law.

What a DWI Lawyer Can Do for You

Any time you’re pulled over for driving while under the influence of alcohol, drugs or any other intoxicating substance that will likely cause impairment, you’ll probably have a misdemeanor or felony charge coming your way. While you need good legal representation in both instances, being charged with a felony DUI is very serious.

Without a good lawyer to help you fight those charges, you could be staring at a lengthy prison sentence if you’re convicted. A DUI lawyer cost averages at around $1,900. However, it all depends on whether you accept a plea bargain or go all the way to trial.

DUI penalties vary depending on the state you’re in, and courts can exercise their discretion in determining how to punish offenders. Here are some of the penalties a DWI lawyer can help you avoid or, at the very least, minimize if you’re convicted on a DUI / DWI charge.

Incarceration

It is quite common for people convicted of a DUI to serve some time behind bars. If you’re guilty of a misdemeanor, the charge you see you spend up to one year in jail. A felony DUI, on the other hand, could see you serve a year or more in prison, depending on the aggravating circumstances surrounding your case.

The best thing to do is to go online and search for the “best DUI lawyer near me.” That way, you can get a good attorney with a great track-record to try and reduce the charge to a misdemeanor offense or at the very least, reduce the duration of prison time you have to serve.

Monetary Fines

Either way, you slice it, if you are charged with a DWI, there will usually be some monetary consequences attached to the punishment for the crime, in addition to incarceration. The amounts vary widely depending on the state you’re in, whether you are a repeat offender, and whether you are facing a misdemeanor or felony charge. Amounts range anywhere between a couple of hundred dollars to $10,000 for misdemeanor convictions and substantially more for felony DWIs.

Probation Sentence

In some felony DWI cases, a court can impose a probation sentence on the offender instead of prison time or fines. In other cases, the court can impose a probation sentence in addition to prison time or fines. It is entirely at the court’s discretion.

Individuals in such circumstances have restricted liberties. This means that they have to comply with several conditions and restrictions that the court imposes. Some of these include:

Not committing DWIs or other criminal offenses anymore
Not being in locations where alcohol is present
Submitting to random drug and alcohol testing at the discretion of the probation officer
Maintaining steady employment

Driver’s License Suspension

The reality is, if you are arrested on a DUI, then an administrative license suspension from the Department of Motor Vehicles (DMV) will likely follow thereafter even if you are never convicted in a criminal court. The suspension period typically ranges anywhere between three months and several years and depends on the circumstances surrounding your arrest.

If you are convicted, then a judge is also likely to impose a license suspension lasting more or less the same duration. However, in some states, a DWI attorney can help you apply for a “restricted” license to allow you to drive to and from specified places. The most common are school and work.

DUI Expungement

DUI expungement is the process of erasing DUI-related arrest and conviction records. Having a criminal record can get in the way of you:

Finding lasting employment
Getting loans or grants for higher education
Getting competitive interest rates on loans and insurance premiums
Becoming a foster or adoptive parent to a child
Renting a property
Getting licensing and certification from professional bodies
… any many more

How Long Does a DWI Stay on Your Record?

If you’re wondering, “How long does a DUI stay on your record?” well, it depends. In many states, a DUI conviction remains on your record for at least 10 years. Florida, for instance, keeps it on for 75 years and doesn’t offer the option of expunging it either. So, you’re pretty much stuck with it on your license for the rest of your life.

If you’re not in the sunshine state and want to know how to get a record expunged, the best expungement lawyers can help you get the ball rolling. But there are several hoops you’ll need to jump through before it can happen.

For instance, some states will agree to expunge a DUI conviction from your record based on the severity of the sentence handed down and not on the nature of the charge itself. So, if you served a deferred or probationary sentence and fulfilled the conditions stipulated, then you can get your record expunged.

However, if you violate any of the terms such as not paying the mandatory fines, then the court might refuse to expunge a DUI conviction from your record. It ultimately depends on several factors, and the process could take a long time. But, it is not impossible to expunge a record.

Don’t Take Any Chances – Get the Best DUI Lawyer Help

Getting arrested for a DUI / DWI is a very serious offense with hefty implications on your finances and liberty. If you ever find yourself in such a predicament and don’t know any DUI attorneys that you can call, simply go online and search for “DWI lawyers near me” to get the best possible outcome for your present situation. Don’t take any chances.

Contested Divorce in Texas

Legal Assistant February 20, 2020Divorce Law Leave a Comment

Those who’ve been through divorce rank it as one of the most stressful experiences they’ve ever been through in their life – even more difficult than having to deal with the physical death of a loved one, which has some form of finality to it.

Divorce is complicated. It’s messy. And, having to then deal with a contested divorce amid everything is enough to send even the strongest person over the edge.

But what is a contested divorce anyway? How long does it take, and do you need a lawyer? This article explores the answers to these questions in depth.

What Is a Contested Divorce?

This is the most common form of divorce there is. When the parties involved are not in agreement on some of the issues surrounding the separation, litigation becomes the only avenue through which those disputes can be resolved.

When this happens, you have a contested divorce on your hands. Some of the most common pain-points for most people going through divorce include but are not limited to:

Child and spousal support
Child custody and visitation rights
Division of property and debt
Settlement of attorney fees and other litigation costs
One half of the couple does not desire a divorce

The best divorce lawyers will usually attempt to settle these issues through a sit-down, face-to-face negotiation involving all parties. However, in many cases, these negotiations fail, and the only recourse is to proceed with litigation.

How Long Does a Contested Divorce Take?

No two cases are the same. While it is possible to make an educated guess as to how long a contested divorce will take, it ultimately boils down to the level of opposition or resistance there is from one of the parties.

If the level of resistance is high, then it goes without saying that the litigation process may take longer to conclude because of the significant back and forth between the parties.

Steps of a Contested Divorce

There are generally eight steps involved in a contested divorce in Texas. These phases have to be completed before a divorce can be granted.

1. Meeting With a Divorce Attorney

If you’re wondering, “Do I need a lawyer for divorce”? The answer is – yes if you want to get the best outcome from the whole process. Bear in mind that the cost of divorce in Texas is 22 percent higher than the national average.

It could cost anywhere between $15,000 and $35,000, depending on the complexity and if there are children involved. Filing the divorce petition alone costs roughly $300. So, if you don’t want to get the short end of the stick, then you need a courtroom gladiator on your corner to protect your rights.

Once you’ve settled on the best divorce attorney in Texas to represent you, they will interview rigorously to establish all the facts about your case. This is important since it forms the legal basis for their defense or opposition.

During the interview process, your lawyer will gather all the documents that are relevant to your case. These may include those of the children, marital property, and any other background information that they deem pertinent to the case.

They will then use this information to determine what you are entitled to under the eyes of the law and use it to prepare your divorce petition. You need to be transparent with your attorney and let them know what you want them to ask for in the petition.

This includes all matters involving child custody, child support, alimony, the division of marital debt, as well as, the division of marital assets. Also, ensure that you read and keep copies of all the paperwork your lawyer files with the court.

2. Serving Your Spouse With the Divorce Petition

As soon as your divorce attorney files the divorce petition with the court, they will then serve your spouse with the divorce papers. There are several ways to do this. They include:

Personal service where your lawyer can use a law-officer like a sheriff or a private process server to hand the petition papers to your spouse
Certified mail with a return receipt requested
Newspaper notice if you can’t locate your spouse

There is usually a predetermined amount of time you will have to wait after service before you can proceed with the process. In most jurisdictions, including Texas, the court system is responsible for ensuring that your spouse is properly served with the court documents. This is usually done through the sheriff’s office or using a court-appointed process server.

3. Your Spouse’s Response to the Petition

According to Texas divorce laws, your spouse has 20 days from the date of service to respond to your divorce petition. This period runs concurrently with the 61-day waiting period before the divorce can be finalized. If they don’t respond within this time limit, they will be deemed by the court to be in default, in which case you may get a default judgment ruling on your case.

Therefore, if you are on the receiving end of a divorce petition, it is in your best interest to retain the services of a good attorney and file your written response with the court. The default judgment will be for the plaintiff, which means that they will be granted whatever they asked for in the petition “within reason”.

The plaintiff would, therefore, have to provide evidence to show that the division of marital assets and debt is both right and justified. They would also have to show that whatever they are asking for with regards to the children of the marriage is in their (the children’s) best interest.

4. Entering of Temporary Orders

The court may deem it necessary to enforce some temporary orders regarding how certain matters will be handled during the divorce proceedings. For instance, when dealing with a case where children are involved, a judge may compel one of the spouses to pay temporary child support for the duration of the court case.

They may also issue an order compelling the household breadwinner to continue supporting the household by paying certain bills until the conclusion of the case. Another common temporary order is one that stops both parties from draining any bank accounts or frivolously spending the money saved. More often than not, the divorce proceedings will usually not start until certain temporary orders are in place.

5. Discovery Phase

If your spouse responds to the petition within the prescribed time and contests the divorce, then you have a long road ahead of you. The case proceeds to the discovery phase, where both spouses gather evidence from each other with regards to income, marital assets, debt custody, and all other information that is pertinent to the case.

This is typically done through depositions, document requests, interrogatories and may involve documents such as bank and credit card statements, as well as tax returns. There is a time limit set for both parties to respond to any discovery requests.

In some instances, one of the parties may intentionally miss deadlines in an attempt to hide assets or slow down the divorce process altogether. You need to work with an attorney who can stay on top of an errant spouse who doesn’t respond to your requests within the allotted time.

6. Settlement Negotiation

Most judges always encourage both parties to reach an agreeable settlement before going to trial. The judge may give their “off-the-record” opinion on how the case is likely to play out in an attempt to get them to settle.

Settlement negotiation may involve the litigating parties going to mediation, where a neutral third party attempts to help them negotiate all unresolved issues. The judge may also call for pretrial conferences where the attorneys for both parties meet with and provide updates to the judge on how the settlement negotiation is going.

This phase of the divorce process can take up to two months. However, judges in Texas don’t allow this phase to stall the case for too long.

7. Divorce Trial

Litigation is usually the last resort, after all else fails. If the spouses fail to reach an agreement in the settlement negotiation phase concerning some pertinent issues, the court will decide for them in the trial.

The duration of a divorce trial can last anywhere between a couple of weeks to several months, depending on the complexity of the case. If multiple witnesses need to testify, or a large number of assets and debts need to be divided, this lengthens the trial since any new information that comes to light needs to be entered as evidence.

In instances where settlement negotiations resolve the majority of the contentious issues, but one or two remain disputed, the divorce trial can be limited to just those specifics. Divorce trials in such instances can be concluded in under a week.

8. After the Conclusion of the Trial

Just because the trial has ended doesn’t automatically mean that the divorce case is over. In complex cases, it may take the judge several weeks before they make their ruling.

Moreover, even after the judge signs the divorce decree, the dissatisfied party has a 30-day window within which to file a Notice of Appeal to contest the terms of the divorce. They then have a couple of months to file their brief with the appellate court.

At this point, the case could have one of two outcomes. The appeals court may affirm the judgment in which case the divorce decree remains as-is. Alternatively, it could reverse the court-issued decree and send it back to the trial court to reopen the case for further proceedings. Either way, it might take some time before it’s concluded.

What Happens in Texas When It Comes to Division of Assets in Divorce

Texas is considered a “Community Property” state. Community property here encompasses all assets and debt acquired in the duration of the marriage.

It effectively means that if settlement negotiations fail to resolve the division of assets and debt in the divorce, the court does a 50-50 split between both spouses. This equal division of property and debt is always done with due regard to the rights of both the spouses and of any children of the marriage.

Community property also includes all assets acquired by either spouse while living in a different state that would have otherwise been considered community property had they been living in Texas during the period. Likewise, all assets acquired by either spouse in exchange for property that would have otherwise been considered community property had they been living in Texas during the period, is also up for equal division.

Divorce in Texas With Child vs. Divorce Without Children

Divorce without children is less complicated and more likely to reach its conclusion a lot faster than one where kids are involved. Child custody laws in Texas provide for joint managing conservators. A “conservator” is simply another name for a “custodian”.

However, the court always looks out for the best interest of the child first. When issuing a child custody order, the Texas court system has several options, such as:

Sole custody where the child resides primarily with one parent. The parent in question has exclusive decision-making rights as pertains to the child’s upbringing
Shared custody where the child resides with each parent for a minimum of 35 percent of the year
Split custody (though rarely used) where each parent is awarded sole custody of at least one of multiple children

Despite the options available, the law expresses a distinct preference for shared custody as equally as practically possible. So, more often than not, this is the go-to agreement in divorce cases unless there is irrefutable evidence of parental misconduct, absenteeism, neglect, abuse, or domestic violence.

Additionally, as per Texas child support laws, the non-custodial parent – meaning the parent who doesn’t have physical custody of the child – is the one who is legally obligated to pay child support. The payments are calculated as a percentage of the non-custodial parent’s income.

The court may review the special circumstances surrounding a case to either increase or decrease the amount in child payments. If you need professional help with your child custody and support battle search online for the best child custody lawyers near me, and you will be connected with a top attorney today.

Protect Your Rights – Get the Best Legal Help

Nobody ever gets married planning to divorce. However, if you’ve reached the end of the road in your marital union, you need to get the best divorce lawyers to help protect your rights as well as that of your children in a contested divorce in Texas.

Custody Disputes in Complex Parent-Child Relationships

Legal Assistant February 20, 2020Divorce Law Leave a Comment

If you and your ex are in the middle of a custody dispute, it probably means that you both can’t seem to agree on how much time each should have the kids for. If you’re just getting out of a divorce, a child custody battle may very well be the next stressful thing you have to deal with.

Unlike divorces which are final once the divorce decree is signed by the judge and the assets get divided thereafter, with custody disputes, there’s a good chance you’ll be dealing with it for a while to come. In an ideal world, it would be great to reach an agreement as to how your kids’ time should be split between each parent.

However, this is rarely the case. The world we live in is less than ideal. As a result, you and your ex might have to result in letting the courts decide who the custodial parent should be as pertains to having legal and physical custody of the children.

If you’re smack in the middle of a custody dispute or are headed into one, you’ve come to the right place. This guide explores all you need to know about custody disputes in complex parent-child relationships and what you can expect.

Best Interests of the Child

What many parents fail to consider when they plunge head-first into child custody battles is whether what they want is in their child’s best interest. It’s a phrase that’s loosely thrown around, but not many understand its full implication.

Even if you, your child custody lawyer, your ex and your ex’s attorney somehow manage to settle a child custody dispute out-of-court, or a child custody Texas judge in family court makes that decision, at the end of the day only one thing matters. The overriding focus is finding a lasting solution that is in the child’s best interest.

Decisions should be made with the ultimate goal of fostering the child’s mental health and emotional wellbeing. Decisions need to be made based on safeguarding the security and happiness of the child to give them the best chance to thrive and develop into productive members of society in the future.

Factors That Determine What the Best Interests of the Child Are

More often than not, the best interest of the child in the middle of a custody dispute is to maintain a close and loving relationship with both parents irrespective of their personal feelings (or lack thereof) towards each other. Courts, therefore, don’t just focus on one issue but instead take on a more holistic approach to make their decision.

Some of the most common factors that are taken into consideration when determining the best interests of the child are:

The wishes of the child if they are old enough express a reasonable preference to be with one parent over the other
Any special needs that the child might have and the capacity of each parent to be able to cater to those needs
The physical and mental health of the parents
Any cultural or religious consideration that may come into play
The need for the child to remain in a stable home environment
How effectively the child will integrate into the school and community
If the household has other members, how the interrelationships and interactions will impact the child
The use of excessive discipline
The evidence of parental domestic, emotional, alcohol, or sexual abuse
The opportunity for support from and interaction with other members of the extended family such as the grandparents
Other children whose custody plays a role in this child’s custody arrangement

A child’s best interest ultimately boils down to the child’s circumstances, their safety and happiness, the custodial parent’s circumstances, and their capacity to parent. Even if you understand what the best interests of your child are, the decision ultimately rests with the courts.

Custodial Parental Rights in Texas

Parental rights in Texas are listed in section 153.132 of the Texas Family Code. Texas law refers to the custodial parent/guardian as the “conservator”.

It lists 10 rights with the notable ones being 1, 2, 3, and 7. They include the right to:

Choose where the child’s primary residence will be;
Consent to invasive medical procedures to be carried out on the child;
Consent to any psychological or psychiatric treatment that the child may require;
Receive periodic child support payments and to use these funds for the benefit of the child;
Represent the child in legal matters and make decisions on their behalf;
Consent to marriage and/or their enlistment in the US Army;
Make decisions concerning the child’s education;
The child’s services and subsequent earnings;
Represent the child in their estate if no attorney ad litem or legal guardian has been appointed for them;
Apply for, renew, and maintain possession of the child’s passport.

Once both parties are aware of the custodial parental rights as stipulated by the Texas Family Code, matters involving child support and visitation become straightforward based on these presumptions.

Step-Parent Rights

Do step-parents have rights? This is a common question that arises in complex parent-child relationships. The short answer is yes. Step-parent rights are outlined in the Step-Parent Statute under Texas Family Code Section 102.003 (11).

According to the statute, you can bring a custody suit if you are:

“Someone with whom the child and the child’s managing conservator, guardian or parent have resided for a minimum of six months, but not more than 90 days preceding the petition filing date, if the child’s managing conservator, guardian or parent is deceased at the time of filing.”

In other words, if you are a step-parent married to the now-deceased biological parent or sole custodian of the child in question, you have grounds to pursue the conservatorship of the child. This essentially gives custodial rights to a step-parent who has played an active role in raising the child for at least six months ending not more than 90 days before the date the petition was filed.

Remember those best-interest-of-the-child factors listed earlier? This is a perfect example of when the court would review them holistically and make a ruling as to whether a legal standing can be established for that step-parent.

This can be difficult to do if the other surviving parent is still in the picture. The step-parent, in this case, would have a higher burden of proof to overcome the “parental presumption” by showing that the surviving parent is unfit to parent their child.

Biological Parents Rights After Adoption

It’s important to mention here that gaining custody of a child is not the same as adoption. It is not all that uncommon for a court to grant conservatorship to someone who is not the biological parent of a child.

However, the conservatorship rights can include several child-raising rights that are similar to those that a child’s biological parent has but are limited to what the judge lists in the court order. On the other hand, through adoption, the child becomes the “legal child” of their adoptive parents.

Therefore, the adoptive parents’ rights and responsibilities towards their adoptive children are the same as those of their biological children. As a result, they also share the same inheritance rights, just like the biological children of the parents in question.

In other words, if the adoptive parent were to die without a will in place, the adopted child would share in the inheritance in the same way as any natural-born children. Regarding biological parents’ rights after adoption, three possible scenarios could play out in the state of Texas.

Scenario A: The Biological Parents Terminate Their Rights

This comes into effect if each living biological parent of the child terminates their rights or an Adoption lawsuit is filed to terminate their parental rights. A court would only rule on voluntary termination if it is deemed to be in the child’s best interest.

In involuntary termination of parental rights, a high legal standard would have to be met to prove that the parent:

Has endangered the child
Has engaged in criminal conduct
Has abandoned the child
Is otherwise unfit

Scenario B: Step-Parent Adoption

Step-parents can ask to adopt a step-child without the biological parent terminating their parental rights. A biological parent may keep their parental rights only if they are married to the step-parent seeking adoption. However, in such situations, the other biological parent has to relinquish their rights to make room for the adoptive parent.

Scenario C: Parent Consent From the Non-Terminated Parent

If a child is at least two years old, they can be adopted by an adult provided that they meet the following two conditions:

a. That one biological parent terminates their parental rights, and the remaining biological parent agrees to the adoption

b. That the managing conservator had care, control, and possession of the child in question for six months leading up to the adoption

To reiterate, the court only rules on what is in the child’s best interest.

Child Rights When Parent Dies

In Texas, when the custodial parent dies, the new custodian of the child varies depending on the situation. The child will usually be put under the care of a guardian the child knows well.

However, this isn’t always the case if the non-custodial parent was/is deemed to be unfit. For instance, if they had a history of drug or any other kind of abuse, the judge might not grant them custody.

Another instance where a biological non-custodial parent might not be granted custody is if there was a step-parent adoption by the spouse of the deceased. Step-parent adoption effectively terminates the parental rights of the non-custodial biological parent.

If no step-parent adoption took place and the non-custodial biological parent is absent, then the courts will hand the child over to the care of their biological grandparents. The courts may also grant the grandparents’ custody rights over the children if they move to court and prove that the child would be better off in their care. This may happen if they don’t feel that it is in the child’s best interest to be in the care of the non-custodial parent.

Does a Surrogate Mother Have Rights to the Child?

In surrogacy-friendly states like Texas, gestational agreements between the surrogate mother and the intended parents are enforced to a T. This effectively voids any parental-rights claims that a surrogate mother may place on the child they are carrying.

As soon as the child is born, the intended parents are listed as on the child’s birth certificate, making them the legal parents to the child. Gestational surrogacy is, however, different from traditional surrogacy.

In the latter, the surrogate mother uses her egg, which is artificially inseminated using sperm from the intended father or sperm donor. In such instances, since the surrogate mother is also the biological mother, such cases are legally treated as adoption. This form of surrogacy, however, is not common.

LGBT Parental Rights

It’s a fact that same-sex couples cannot have biological children together. One partner may be the legal parent either through adoption or biologically while the other may be the emotional parent and lacks the legal rights to technically qualify as a parent in the eyes of the law.

So, if the couple separated, the legal parent would retain sole conservatorship. The secondary emotional parent wouldn’t have any legal rights to the child, making it impossible for a joint custody arrangement to ensue. Their access to the child rests at the discretion of the legal parent.

Get Legal Advice

The possibility of a legal face-off between you and your ex in a heated custody battle can be daunting. If you can avoid it altogether and reach an agreement regarding custody and visitation, then you will avoid a long drawn out court process that may have detrimental effects on the children involved.

However, not all cases are straightforward. Sometimes the unique circumstances surrounding a case place it outside the scope of your run-of-the-mill custody dispute. You might need to call on the best family law attorney to help you litigate your case.

Best Estate Planning Lawyers in Texas

Legal Assistant February 20, 2020Business Law Leave a Comment

If you think estate planning sounds like the sort of thing reserved for the rich and famous, you couldn’t be more wrong. The word “estate” as used here doesn’t mean what you think it means at all. It has everything to do with who inherits your assets after you’re gone.

For most people, discussions that have to do with their demise make them uncomfortable. However, it is an inevitable part of life, and when it comes down to it, you want to make sure that all your affairs are in order.

If you don’t plan who gets what after you’re gone, let’s just say you won’t have any control over what happens, now will you? That’s why it’s important to consult with the best estate planning lawyers in Texas to discuss a plan that will ensure that your loved ones are taken care of. Here’s everything you need to know about Texas estate planning.

Texas Probate Law

If a person dies before putting into place a plan that transfers their property by way of direct payments (insurance policies or retirement funds) to beneficiaries, or through right of survivorship that comes from a joint ownership, or even by way of a Trust, the deceased person’s property and assets will be distributed through probate.

Probate refers to the process where a court acts as an oversight authority in the payment of the deceased’s debts and distribution of their assets. Its role is to facilitate the entire process and protect the rights and interests of all beneficiaries and creditors of the estate. The deceased is usually referred to as the decedent.

Types of Probate

Probating a will in Texas may take any of the following forms:

1. Small Estate Affidavit

If the decedent had no will at the time of their death and owned less than $50,000 in assets, then a small estate affidavit will be drawn up. It needs to meet the required legal threshold before a judge approves it.

3. Muniment of Title

If the decedent had a will at the time of their death but has debt related to real estate holdings, then the court will uphold the will. It will also ensure that no claim is made against the estate and make a ruling that the assets of the decedent will not require administration.

3. Independent Administration

In this probate process, the court confirms the person who has been appointed the estate executor (administrator) as per the will. They require no bond and will be responsible for collecting, valuing, and distributing the decedent’s assets. The court doesn’t play an oversight role in this type of probate.

4. Dependent administration

This happens when the decedent had no will in place at the time of their death, and the court appoints an administrator to collect, value, and distribute the estate. However, the court has to approve every action of the administrator.

What Is a Living Trust?

If you don’t like the idea of probate where someone else makes the decisions about how your estate should be distributed, then you need to consider setting up a living trust. A living trust is a legally binding document that details what happens to your assets after your demise.

It is also sometimes called a revocable living trust and forms an important part of the estate planning process. It provides a foolproof way of ensuring that your final wishes are carried out. It also allows you to use your assets during your lifetime.

With a revocable trust, you can alter its terms at any given time. For instance, you can add and remove beneficiaries and modify the terms related to how you want your assets to be managed.

With an irrevocable trust, however, the process isn’t as straightforward. Except in extenuating circumstances, the terms and beneficiaries of the trust cannot be changed. It essentially removes all rights and control over the assets.

Living Trust vs. Will

One of the most common questions when it comes to estate planning is: What is the difference between a living trust and a will? The answer to this has everything to do with the location of the assets.

A living trust is a legal document through which your assets are transferred into a trust during your lifetime. Once you die, those assets will then be transferred to your nominated beneficiaries by your designated representative, referred to as the “successor trustee”.

A last will is a legal document that details how your assets will be distributed upon your death. The executor of the will is named and charged with the responsibility of overseeing the process and making sure that your will is effected after your death.

Benefits of a Living Trust

If you’re not sure which of the two you should have, top estate planning lawyers in Houston will tell you that the benefits of setting up a living trust Texas outweigh those of a will. Here’s how:

1. It Avoids Probate

Having a last won’t exclude the probate process. Your estate would still have to go through court proceedings in the distribution of assets. With a living trust, however, your successor trustee will distribute your assets and pay-off all your debts without requiring any court intervention. This speeds up the entire process tremendously.

2. It Saves you money

The court probate process costs money. This will likely come from the estate. While setting up a living trust may cost more compared to preparing a last will, it will save your estate a lot of money at the time of your death.

3. It Provides Privacy

With a living trust, your assets will be distributed to beneficiaries privately since the document isn’t available for public scrutiny. With a will, however, the document forms part of your public record, so all transactions resulting from it will be available to the public as well.

Plan for Peace of Mind

The process of creating a living trust and last will is straight forward. Get in touch with a Texas estate planning lawyer to help you get your affairs in order to protect the future of your loved ones after you’re gone.

Houston Explosion – Watson Grinding Facility

Legal Assistant January 24, 2020Personal Injury Law, Personal Injury Lawyers, Resources Leave a Comment

In the early morning hours of January 24, 2020, the Watson Grinding facility in Northwest Houston exploded, sending debris and shock waves for miles. A 2,000-gallon propylene gas tank inside the facility exploded, causing at least 2 deaths as well as numerous injuries and widespread damages across businesses and residential communities within the large blast zone.

Houston, Texas is the petrochemical capital of the world and is no stranger to catastrophic, non-natural disasters and explosions. Home insurance policies typically cover various damages caused by natural disasters – but what about when the disaster is non-natural?

Insurance companies are ill-equipped to deal with the full scope of damages and injuries that can occur as a result of non-natural disasters like chemical explosions. Explosions are the type of event where you should absolutely seek legal help in order to demand full recovery for damages, as it is very unlikely your claim will get the attention it deserves otherwise.

From medical care and bills to insurance policy claims, this article will help you understand your legal rights to fully recover in situations like this.

Explosion Insurance Claims

At least two people were killed and one person is missing as a result of the Watson Grinding and Manufacturing Facility explosion, according to the Houston Police Department.

Shockwaves from the Watson Grinding facility explosion reverberated for miles, and the blast was heard as far away as Baytown and Kingwood.

Closer to ground zero, the shockwave from the blast sent objects flying from walls and many individuals have reported falling. Many other persons in the near vicinity of the blast reported hearing issues, such as hearing loss or ringing ears. Numerous houses were damaged or destroyed and many others will likely experience foundation issues far into the future.

Most homeowners have homeowners insurance, which in theory would assist in the process of rebuilding.

But how will an individual who was physically or mentally injured in the blast recover following an act that likely could have been prevented? How will property owners recover from a home that has lost 50% of its value because of foundation and structural repairs?

Complex Homeowner’s Insurance Claims

The Spring Branch / Northwest Houston community is still reeling from the devastation left in the wake of Hurricane Harvey. Many were still rebuilding their homes and community just before the Watson Grinding facility explosion in NW Houston this morning.

Additional damages caused by this explosion will add complications to existing claims and ongoing repairs.

Adding insult to injury, history has shown that insurance companies will attempt to sidestep their obligations, lowball the repair estimate, and will delay until the homeowner is forced to take a lowball offer.

Given the historical explosion events in Harris County and the surrounding areas, there are practical steps that a homeowner or injured individual can take to protect themselves and their legal interests in the Watson Grinding facility explosion.

The Port Neches Explosion – December 2019

A Houston resident need look no further than the December 5, 2019 Port Neches, TX explosion to fully understand the obstacles homeowners face when considering whether (or how) to rebuild. In that instance, a TPC Chemical plant exploded, resulting in massive damages, mirroring that of the Watson Grinding facility explosion.

Insurance companies delayed or lowballed homeowners in the Port Neches community, leaving a deficit from which residents were left trying to recover. Many Port Neches residents were forced to resort to filing lawsuits against the TPC chemical plant for the remaining amount of their property damage claims.

Deer Park ITC Facility Explosion – May 2019

Another very recent example is the ITC facility explosion in Deer Park, Texas in May 2019. Hundreds of individuals, including children, in the community were exposed to chemicals released into the air and suffered serious injuries. Lawsuits are still being filed by victims due to insufficient recovery of damages through the insurance claims process.

Legal Advice for Those Impacted

Houston-based personal injury attorney, Andrew Cobos, specializes in explosion cases, having represented individuals and homeowners in aftermath of the ITC explosion at Deer Park, the Kuraray America explosion in Pasedena, TX, and the Pemex Explosion in Oaxaca Mexico. He offers the following advice:

1. Seek Medical Assistance

“First and foremost, seek medical assistance if you are injured,” Cobos stresses.

“Medical care is necessary to ensure a full and complete recovery from any incident – especially when it involves a massive chemical explosion such as the one that occurred at the Watson Grinding facility,” he adds. “Moreover, such documentation is necessary if an individual will later seek to recover for bodily injuries such as hearing loss, bruising from falling, or impacts from debris.”

2. Photograph Damages

Next, Cobos advises that “Property owners should thoroughly document damage to their homes. Homeowner’s insurance companies are particularly bad when it comes to mass claims from common events such as the explosion at the Watson Grinding facility.”

“These insurance companies know that the homeowners are vulnerable, and they seek to take advantage of such exposure. But insurance is not the only source of recovery. The Watson Grinding facility has liability insurance that will assist community members in picking up the pieces.”

To make a claim, however, a property owner should inspect their belongings and take pictures of any property items that have been damaged (e.g. dishes, electronics, glassware, automobiles, etc.). A property owner should survey their structure and document any cracks in the walls, caved-in roofs, or other issues affecting the structure or foundation of the property.

3. Seek Legal Help

Finally, “Consult a lawyer who specializes in explosion cases,” Cobos advises. “Explosions are unique types of cases with catastrophic and/or long-lasting damages – some can even last a lifetime. The legal cliché that ‘you may be entitled to recovery,’ is especially true in explosions such as this one, where there is a large corporation at fault and their action or inaction caused bodily harm or property damage to hundreds of innocent citizens.”

Getting Legal Help

Injuries caused by explosions fall under the umbrella of Personal Injury Law. Getting legal help may seem daunting, but you may be surprised at how much a lawyer can actually help in cases like this.

How do I know if I should talk to a lawyer?

If you suffered any degree of bodily injury or damage to your home or business as a result of the explosion, you should at least consult with a lawyer. Initial legal consultations for cases like this are always offered free of charge.

Ensure that you get a consultation and evaluation from a personal injury lawyer who specializes in explosion cases. Many lawyers will advertise that they cover explosion cases; however, few actually possess any experience handling complex cases like this.

Additionally, make sure that you consult with a personal injury lawyer who specializes in explosion cases in Houston / Harris County. Not only will that lawyer be able to give you better expectations during your consult, a lawyer’s court record in a particular jurisdiction has a strong influence in the outcome of future cases in that jurisdiction.

How much will it cost to hire an explosion lawyer?

Personal injury lawyers operate on a contingency fee basis. That means that you shouldn’t be paying anything out of your own pocket at any point in support of the case. The attorney only gets paid if he or she wins your case. If your lawyer wins, he or she typically takes 40% of the recovery.

You may balk at this percentage; however, there are many costs and risk associated with taking complex injury cases on a contingency basis. If you’ve suffered bodily injury, good attorneys will even cover the cost of you getting a full medical evaluation, lost wages from taking time off from work, and more. Attorneys eat those costs if they lose your case so it’s a pretty big risk on the lawyer’s part.

No matter how minor or major your injury or damages may seem, in cases that involve chemical explosions, it’s highly advisable that you seek expert legal advice as soon as possible.

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