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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 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 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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What Clients Want From Their Lawyers

We heard you. Recently, we conducted a survey that asked people what they wanted if they were injured in a truck accident. We got great feedback. We’ll use this feedback to get better and better as a law firm. According to our survey, there are four main things you want from your lawyer. Let’s review what you told us: 1. SPEEDY YET GREAT FINANCIAL COMPENSATION First, a majority said you want great financial compensation for your injuries, and you want it fast. We understand this desire since the accident caused you lots of pain, medical bills, credit...

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Hit And Run Car Wrecks

Recently, a witness said she saw a Dallas city councilman allegedly hit a disabled pedestrian and say to the victim “don’t you know who I am before driving away. His lawyer tells a different story. We’ll wait for the facts to come out before reaching any conclusions. Everyone is presumed innocent until proven guilty in court based on credible evidence. Notwithstanding the presumption of innocence in the above case, drivers sometimes leave the accident scene after crashing into pedestrians or someone’s car. That’s a hit-and-run car wreck. Besides being illegal, hit-and-run car wrecks are dangerous because the injured party often needs...

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DWI Car Wrecks

New Year’s Eve is approaching fast.  Like many Texans, you may be planning to celebrate with some bubbly, a little Henny, all while driving.  You should be warned, however, because the consequences can be brutal for causing a car wreck while intoxicated.  In 2017, intoxicated drivers caused 7,669 car wrecks in Texas.  Of these, 944 were fatal. Nationally, the Center for Disease Control says on its website:...

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Discovery In Car Wreck Cases

[vc_row][vc_column width="2/3"][vc_column_text] Evidence gathering Based on reportable Texas car wrecks in 2017: 1 person was killed every 2 hours 21 minutes1 person was injured every 2 minutes 4 seconds1 reportable crash occurred every 59 seconds  There were 1,330,492 civil cases filed in Texas last year.  Of these cases, 45,359 involved car wrecks. Essentially, many Texans are injured because of the negligence, or carelessness, of other drivers in the Lone Star State.   Most car wrecks are resolved with out of court settlements between injured car wreck victim(s) and insurance companies. If a settlement cannot be reached, a personal injury lawsuit can be filed in the state or...

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CRIMINAL RECORDS AND DEFERRED ADJUDICATION

deferred adjudication

[vc_row][vc_column width="2/3"][vc_column_text] What is deferred adjudication? There are two types of community supervision or probation: straight probation and deferred adjudication. With a straight probationer, the judge or jury finds him guilty and sentences him to prison or jail, but the judge will probate his sentence for a specified number of years. This means the straight probationer will not have to serve the sentence while he’s on probation if he doesn’t violate his probation conditions. Nonetheless, a guilty verdict will be placed on his criminal record. With a deferred adjudication probationer, he pleads guilty before the judge, but the judge does not find him...

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