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Why Wills Are Essential For Most Families

[vc_row triangle_shape="no"][vc_column width="2/3"][vc_column_text] Dying without a will can be taxing People often say having a Will is essential. But what is a Will? A Will is a legal document that sets out who inherits your assets after your death. Having a Will ensures that others distribute your assets according to your desires and avoid discrepancies about your wishes. When a person dies intestate, which is dying without a Will, a judge decides who gets your assets. The judge distributes your assets according to intestacy rules. That means the judge gives assets to your spouse or relatives according to eligibility requirements. A judge using interstate...

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Can Law Enforcement Speak To A Juvenile Without Parental Approval?

A cop shows up at your child’s school or your home while you’re away, desiring to talk to your child about a criminal investigation. Can he interview your child in your absence? Can they come inside your home and talk to your child? If so, can a judge suppress your child’s statements? This article delves into these questions and more. Most people believe the law constrains cops from interviewing juveniles without prior parental consent. This belief is a misconception. Texas police can interview minors without parental presence and prior permission. However, just like an adult, juveniles can (and should) request a lawyer...

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What Are My Legal Rights As A Grandparent In Texas?

Grandparent Rights Grandparents and grandchildren share a special relationship that many would say is incomparable to any other relationship. However, not every grandparent can have this relationship. Circumstances may arise where it becomes difficult for grandparents to have a relationship with their grandchildren. In certain situations, Texas law gives grandparents some rights to combat this issue. Grand Parent's Possession and Access of Grandchildren Texas law affords grandparents access and possession of a grandchild. However, if the parent does not want the grandparent to have this, the parents can limit or prohibit the grandparent’s contact with the grandchild. Grandparents facing...

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SCOTUS MUST REEL IN BAD COPS

George Floyd and Derek Chauvin and Police Brutality Against Black Men

The law must be changed In a very famous 1803 case, (Marbury v. Madison, 5 U.S. 137), the U.S. Supreme Court (SCOTUS) grabbed the authority and tasked itself with the job of declaring the law or interpreting the Constitution for all aspects of American life. The Marbury case is why SCOTUS is the final authority of the law in America, including topics of slavery, segregation, contracts, immigration, criminal procedure, national security, equal protection, First Amendment, Second Amendment, etc. Jump forward 285 years, and SCOTUS used two cases to tell the nation what the Constitution says regarding police use of force...

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Can The Government Make Us Stay Home? – Part 1

Can They Do That The world and our nation are dealing with an unprecedented attack by the Coronavirus (COVID-19). The outbreak is so widespread health experts are calling it a pandemic. Health experts predict this pandemic will dramatically increase over the next few weeks and months. The pandemic has nations and people severely panicking. Federal, state, and local governments in America are trying to stop the panic and spread of this COVID-19 pandemic. They've taken unprecedented actions to do so. Those actions include burdensome guidelines, shutdowns, quarantines, and other measures. Governmental Intrusion The problem is many Americans don't like government intrusion. Even if that...

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Can The Government Make Us Stay Home? – Part 2

Local Authority To Regulate Behavior Local authorities such as county commissioners, mayors, city managers, and so on can also regulate behavior. Their power flows from state and local law. For instance, in Texas, the mayors and county judges are the designated emergency management directors, and city managers are designated emergency management coordinators in their areas. In those positions, they have certain powers during a disaster to impose specific regulations. They are the governors point people for their local areas. Preemption State's police power isn't unlimited. Federal law can preempt state actions. Here’s the reason — the Supremacy Clause makes laws duly enacted by...

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To Vape Or Not To Vape

As several states have legalized marijuana, Texas has stuck to its cowboy roots and resisted change.  However, the Lone Star state has acquiesced to some of the public and business pressure to legalize or at least decriminalize marijuana and other products containing THC.  This last legislative session, the Texas Congress legalized hemp and hemp-based products to appease Texas hemp farmers.   However, little has changed regarding the consequences of being caught with a vape pen containing THC.  It may come as a surprise to some that possession of a vape or e-cigarette pen with THC is automatically classified as a felony.  Most people know that possession...

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Felony Cases Dismissed

This affable, hard-working young man was facing ten years in prison. However, we felt emphatically he didn’t deserve to be imprisoned or a convicted felon. He comes from a great and supportive family. He has a good heart and soul. We were determined to prevent him from carrying the burden of his charges for the rest of his life. Fortunately, God gave us favor and a fair prosecutor. RESULTS: CASES DISMISSED! ...

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Felony Case Dismissed

Criminal Defense Lawyers Making A Real Difference If we criminal defense lawyers only show up to make money from our client's misery, we're similar to buzzards. At least, that's what many in the public think of us. The comparison to buzzards is unfair, but let's use it to motivate us to do more. I have a few ideas for the motivated. All races of people get involved in criminality. Crime is not a function of one's race but of other factors, including poverty, equal opportunity, racial profiling, failing schools, broken families, and more. And for all these reasons, African American and Hispanic...

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