Category Archives: Legal News

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Hiring a Bankruptcy Attorney

A financial crisis can happen to anyone at any time. In these situations, many people feel that they don’t have any choice but to file for chapter 13 Bankruptcy in Texas, in doing so, they will need the services of an attorney. This is a very difficult process that should not be entered into lightly. Bankruptcy can affect one’s credit for as many as seven years into the future. It can prevent filers from buying a home, a car, or even renting a good home. Bad credit can ruin a person’s life and bankruptcy is one of the worst things that can happen in a persons’ life.

If you feel that you need to file for chapter 13 Bankruptcy in Texas, hire an attorney right away. A bankruptcy attorney will be able to help their clients in many different ways. They may even be able to help them stay out of bankruptcy court and work out a settlement with creditors that involves an acceptable repayment plan. Without an attorney, bankruptcy could be a long and difficult road to walk. There are many appointments to make, classes to take, and creditors to talk to. This might be impossible without proper legal representation.

Filing for bankruptcy in Texas is a big step that should be taken carefully. Those individuals that feel they have no other way out of their financial crisis should talk to a Texas attorney to see if there is anything else that can be done. However, if bankruptcy is the answer, an attorney can help with all of the legal proceedings. They will represent their clients in and out of court, be available to answer questions, and may even help negotiate with creditors. An attorney is an asset that one cannot do without if they are filing for bankruptcy in Texas.

Financial crisis can happen because of job loss, divorce, or any number of other factors. This is never a good situation for a person and in fact could cause them to make irrational decisions. Hiring a Texas attorney before filing for chapter 13 Bankruptcy Texas Attorney could make all of the difference. An attorney will help their clients make rational and calculated decisions about their financial future. If you are facing bankruptcy, don’t make another move without hiring a qualified attorney right away.

Wage

Financial Legal Action

If you live in the state of Texas, you should understand that wage garnishment in this state can happen for two reasons. Anyone who owes back child support or back spousal support is subject to having their pay check tapped into to make the outstanding payments. The best way to avoid this is to make the payments that the court has ordered. Sometimes that is not possible due to job loss, lengthy unemployment, or some other reason. In these cases, it might be best to seek the help of a qualified attorney to help sort the situation out.

There are many times when people find themselves in financial crisis and no one is alone in this situation. Many people lose their jobs, can’t find gainful employment, or accumulate too much debt. It is easy to get behind on bills and find them in collections. Those signs are not good when the phone starts ringing as collection agents make empty threats. They are within their rights to call you and work out a payment plan but they may not threaten to garnish your wages or put you in jail. If you find yourself in debt and being threatened by creditors, call a lawyer to help.

When a potential client consults with a qualified attorney they can expect to get expert advice about their situation. They can ask questions and learn what their rights are and what the responsibility of the debt collector is. An attorney who is experienced with legal financial matters will tell their clients the truth and inform them of their responsibilities. They may also be able to offer suggestions to help deal with the debt collectors or to pay the child support that is owed. Every person’s situation is different and that is why hiring a qualified attorney is a good idea to address the issues.

Wage garnishment in Texas is not something to take lightly.

Debtors need to know what their rights are. A qualified attorney can walk their client through their specific obligation and what is required of them according to the law. This is the best decision anyone can make if they are facing wage garnishment, harassing phone calls from debt collectors or any other financial need that might cause legal action.

crises

Are You Facing Financial Crisis?

A bankruptcy attorney in Houston has the very important job of helping clients who are in financial crisis. Those that are considering filing for bankruptcy should never take such drastic measures without first seeking legal help.

An attorney may be able to keep some people from actually filing for bankruptcy and thereby save them many years of bad credit. Legal representation is very important during a bankruptcy hearing if the situation comes to that. Bankruptcy is a serious decision that requires serious help. Find an experienced attorney who is ready to help their clients out of their financial crisis.

Filing for bankruptcy is a major decision. This is an action that could follow individuals for many years into the future. It has a negative effect on credit that could make it nearly impossible to buy a car, a house, or get a credit card. In addition, loans that might get approved will likely have very high interest rates. That is why getting expert advice before filing for bankruptcy could make all the difference in the situation. Attorneys in Houston are skilled and ready to steer their clients in the right direction.

Hiring a bankruptcy attorney might seem like an expense that those in financial crisis can’t afford but the truth is, they can’t afford not to. An attorney will help their clients follow the law as it pertains to bankruptcy. They will help negotiate repayment with creditors, tell their clients what financial classes they are required to take, and any other rules that must be followed according to Texas law. These are not guidelines that any individual should take on by themselves. For the well-being of the family and the estate, hire an attorney that has experience with clients at all levels of financial crisis.

In Texas, there are specific rules and guidelines that must be followed in order to successfully file for bankruptcy. This is not a situation that should be faced alone. A qualified attorney is capable of helping their client make wise choices and also to follow the law. They are interested in helping their clients see that there is hope and help in the situation. A bankruptcy attorney in Houston will be with their client from the very first consultation until there is a resolution to the situation.

bankruptcy

Hire Bankruptcy Attorney

Information on Texas bankruptcy exemptions could make the difference in your financial situation. Deciding to file for bankruptcy is a big deal and it should not be entered into without first learning all you can about the pertinent law. This will likely require you to hire a bankruptcy attorney. Many decisions have to be made about your debts, assets, finances, employment, and family. This requires skill and knowledge that an experienced attorney could provide. Be sure to learn all that you can about Texas bankruptcy exemptions before filing or making any moves.

A qualified attorney can give their clients information on Texas bankruptcy exemptions that will help them to make wise decisions. Financial crisis is no situation that should be handled alone. With exemptions like insurance, survivor’s benefits, personal property, and pensions in jeopardy, it is clear that people in financial crisis need the help of an attorney. Protecting the family is also important. Children may not understand what is going on so it is wise to move slowly and with the help of legal representation. A good attorney can help make the right decisions and may even be able to keep their clients out of bankruptcy court.

Many people find themselves in a financial crisis for one reason or another. They may think that filing for bankruptcy is the only way out of debt but it might not be. There are many Texas bankruptcy exemptions to think about before filing. An experienced bankruptcy attorney will help their clients get through this process. They will inform them of the law and what their rights are as well as the rights of creditors to recover money that is owed to them. An attorney might be able to help negotiate repayments with creditors that will keep the client out of bankruptcy. Anyone in a financial crisis needs to hire an attorney because it is important that they know what their rights are and what they can expect to happen over the next few months.

Filing for bankruptcy is no small matter. It is an act that will affect a person for many years into the future.

Knowing the law is the only thing that will help in this situation. Learn Texas bankruptcy exemptions and a debtor’s responsibility by hiring a qualified bankruptcy attorney.

Conservatorship in Texas

The legal term used in Texas for child custody is conservatorship which is used for filing any type of Suit Affecting the Parent-Child Relationship (SAPCR). Conservatorship is used by the family courts in Texas to define the rights & duties of both parents with respect to the child. It can also be used to limit the parental rights provided the courts have received evidences that call for such measures so as to protect the child (Texas Family Code § 153.072). A child custody lawyer will talk you through the various processes and facts that are used by the courts to decide on conservatorship. Two different types of conservatorship used in Texas are discussed below:

Joint Managing Conservatorship (JMC)

According to the Family Law, it’s a rebuttable presumption that awarding JMC is in the best interest of the child. In JMC, parental rights and duties are shared by both parents; however, this doesn’t mean that both the parents will have the same duration possession of and access to the child. Even in this type, one of the parents (custodial parent) will be given the exclusive right to decide the primary residence of the child over the non-custodial parent. The legal term used for a non-custodial parent is possessory conservator. However, apart from the primary residence right, every other decision concerning the child are taken with the consensus of both parents.

Various factors are taken into account by a family court before ordering JMC (Texas Family Code § 153.134) and these factors are:

1. Whether ordering JMC will lead to physical, psychological, and/or emotional growth of the child;
2. Are parents capable of giving primary importance to the welfare of the child and to reach consensual decisions keeping in mind what’s best for the child;
3. Is it possible for both parents to encourage and accept the relationship between the child and the other parent;
4. Did both parents actively participate in raising the child;
5. How far or near are the parents’ residences;
6. Who is the child’s preference to be the custodial parent provided he/she is 12 years or older;
7. Any other factor that court founds to be relevant in determining conservatorship.

Sole Managing Conservatorship (SMC)

Due to certain reasons, it is possible that the court make a sole managing conservator and give that parent specific rights (and duties) with respect to the child. Some of these rights & duties include: the right to decide on the primary residence of the child; authority to give consent to medical, dental, and surgical procedures; give consent for psychiatric & psychological treatment; and many more as given in the Texas Family Code § 153.132.

There are numerous reasons why JMC is not awarded such as history of family violence, sexual abuse, drugs, alcohol, neglect & abuse of child, long absence from the child’s life, apparent and irreconcilable differences between parents with respect to education, religion and medical procedures, and if one of the parents doesn’t wish to become a joint conservator. It is always advisable to consult a child custody lawyer to properly navigate through complex conservatorship, possession of and access to the child issues.

Filing A Divorce Case And Looking To Hire A Private Investigator?

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It is a fact that before few years divorce occurred rarely between couples and specifically for those who do not stand to live along with their partner anymore. In the current scenario, divorces are getting common and it is considered nearly as common as marriages itself. Nowadays, divorces have become a controversial thing and are occurred mostly to take revenge against the spouses rather than being unsatisfied with them. The divorce cases are getting so much popular in today’s world that sometimes one wonders that if it would be right to hire private investigator for handling divorce cases.

Most of the private investigator firms and private detective agency offer primary services in most of the divorce cases. Most probably for private detectors, this issue is a major source of income as most of the people are going through divorce and want to get rid of it as soon as possible. It can be considered simply as money down the drain factor and also it can hurt the divorce case if one hires private investigator. But even after that most of the people still prefer to hire a private investigator. There are some reasons as to why people prefer to hire private investigators in for the matters like divorce cases:

  • One of the most prominent reasons for hiring private investigators for divorce cases is to uncover various hidden assets. Private investigators are easily able to access hidden private records as well as databanks that are hard to be located by the civilians. They can also produce information much quicker than you could produce your own.

 

  • Another reason to hire private investigator is if you want to prove that your partner is engaged or involved with some type of immoral or illegal activities. There are several types of examples in this case and among them one is cheating. Cheating is most common surveillance assignment for a typical private investigator. The investigator can follow your spouse to find out if he or she is really having any kind of affair with someone else or not.

 

  • Next reason for hiring private investigator in most of divorce cases is the situation in which your child is involved. For many a times you may be worried that your spouse is neglecting or abusing your children when they are under their custody. The agent can have a close watch on your children as well as your spouse and examine if the child is properly cared or not. They report back with full proof evidence that you can use in the court. No doubt, these activities may make your divorce case more messy and full of hassles during long run.

All these private investigating services are not like it does costs anything. They normally charge payment with billable hours charging some extra fees for their services. They charge for various equipments that they need while examining your spouse. So it is better to be financially prepared before hiring a private investigator. Uncovering and exposing the assets as well as following your spouse takes lots of valuable working hours that will need to be covered up by you by the means of some financial investment.

 

Author Bio:

Bency George, a highly qualified Private Investigator working with a private detective agency, since the past many years has initiated his career in this field and now he has many years of experience. In this section, he is guiding those people who wish to hire a private investigator while filing their divorce case.



California’s Criminal Record Expungement Law Provides Real Relief

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Former offenders in most states have legal remedies to help former offenders clear their criminal record, or at least minimize the harm it causes, after waiting periods are met.  Of course, no state allows all offenses and the laws vary by state.    California’s expungement law is one of the most generous to former offenders.

In order for a person to be eligible fore expungement in California, they simply need to complete probation.   The bad news is that if a person when to prison, which results in parole, they will never be eligible for expungement.  However, most offenders receive probation, and those sentences are usually one to three years long.

Once a record is expunged in California, the person can honestly say that they were not convicted in almost all circumstances.  The only noteworthy exceptions are when a person applies for a state license, such as a license to practice law or medicine, or if they apply for a public office, such as city council or school board.    As a result, expungement makes it much easier for former offenders to find employment.

Attorney Mathew Higbee says that helping former offenders find jobs is one of the main policy reasons behind expungement laws.  “Labeling people a criminal for life makes it more difficult for them to find employment and increases the chances that they will reoffend or end-up requiring unemployment or other forms of public assistance.  It makes good economic sense to allow some former offenders to expunge their record after they demonstrate that they are rehabilitated,” said Higbee.

A wide range of offenses get expunged every day in California courts, property crimes, such as petty theft and shoplifting are very common.  So to are drug possession charges and violent misdemeanors, such as domestic violence, battery and assault.

Expungment in California is governed by California Penal Code section 1203.4.  It requires that the former offender file a request for expungement with the court where the conviction occurred.   There is a filing fee that varies by county.  The typical fee is $120.  The prosecuting attorney must receive a copy of the request and have the opportunity to object to it.    Ultimately, the judge will decide whether or not to expunge a California record.

There are attorneys that specialize in expungement.  However, people who cannot afford an attorney can look to other options, such as non-profit agencies, the public defender’s office or doing it themselves.

Not all states are as generous as California.  There are about 20 states that do not allow any adult convictions to be expunged or sealed, including Florida, Virginia, Georgia, Wisconsin and Missouri.   The good news for former offenders is that many states are expanding their expungement laws.   Pennsylvania, Utah, Indiana and North Carolina are four of 17 states that expanded their expungement law in the past 2 years.

Author Bio: Ryan Holman, a legal advisor as well as a blogger who shares the issues in regards to criminal record expungement in California is keen to share its importance in order to make his reader away from miserable and challenging life.



What Happens To My Driver’s License If I’ve Been Arrested For DUI?

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If you are like most drivers, driving makes you feel free and independent. What most drivers seem to forget is that driving is a privilege. Therefore, they feel disoriented if their driver’s license gets suspended after they’ve been arrested for DUI.

Every state has a law requiring the Department of Motor Vehicles (DMV) to suspend the driver’s license of anyone operating a vehicle who:

  • Has a blood alcohol concentration (BAC) of .08% or above.
  • Declines or fails to take a chemical blood or breath test to determine his or her BAC level.

This law was implemented in 1990 as a way to deter drunk driving. If you are arrested for driving under the influence, and your breath test result shows a BAC of more than .08%, the police officer with give you an Order of Suspension/Revocation. Along with this order, you will be given a temporary driver’s license which is valid for a month. At the end of the month, the suspension action will be in effect. Keep in mind that the temporary driver’s license will not allow you to operate your vehicle if there is another court-imposed driver’s license action in effect.

Can I Challenge The Driver’s License Suspension?

There is a 10-day window where you can freely challenge the driver’s license revocation or suspension. You can request a hearing to show that the suspension/revocation is not justified. You need to submit a review at the Department of Highway Safety and Motor Vehicles (DHSMV). Here’s what you need to remember:

  • Before the hearing and upon requesting a review, you need to obtain copies of the DMV’s evidence. If you need to provide copies for someone else, such as your DUI attorney, you should authorize your attorney by giving a signed permission.
  • You have the right to represent yourself, or an attorney may represent you at the hearing. You can also present oral testimony and other evidence.
  • You can either have an informal or a formal hearing. A formal hearing means that the police officers will be subpoenaed to offer their testimony in court. An informal hearing means it’s just going to be you and the hearing officer.
  • If the hearing decision is in your favor, your license will be reinstated on that day. The suspension will not go into effect.
  • If the result is not favorable, you can submit a written request for a department review; however, you need to pay a fee which amounts to $120.

If you or your attorney, who is familiar with DWI license issues in Houston, fails to challenge the revocation or suspension of your driver’s license within 10 days, the six-month suspension will be in effect and you will lose your right to challenge it.

How Long Will My Driver’s License Be Suspended?

If you are unsuccessful at the hearing, and if you took a breath or blood test with a BAC result of 0.08% or more, your driving privilege will be revoked.

  • 4 months for first offense:
  • 1 year for second DUI offense or have previous convictions over the past 10 years

The court-ordered DUI probation bans an individual who was previously convicted of DUI from operating his vehicle with any amount of alcohol in his blood.

How Can I Reinstate My Driving Privilege After Suspension?

 

  1. Pay a fee that amounts to $125 to DMV
  2. File an SR-22, a certificate that proves your financial responsibility.
  3. Provide a $35,000 cash deposit or surety bond
  4. Continue to present SR-22 for 3 years

 

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



Personal Injury Lawyer to Win the Legal Compensation for the Damages

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If you ever happen to be at the receiving end of an auto collision, motorcycle accident, pedestrian accident or other injuries, you must claim the compensation in court. These injuries might seem minor accidents until you are victimised. Oftentimes, people have broken hands, necks or legs after the accidents. Most times your vehicles are completely broken if pounded in the road accident.

Fighting the case alone with legal system and insurance agency is not a cakewalk for most people. One must seek the services of a lawyer who represents the personal injury victims. They personally handle your case and make it a priority to help you win the deserved compensation.

Asking a lawyer to fight the injury or accident cases on your behalf helps you survive the legal system. Luckily, Indianapolis has a few qualified lawyers, who do not charge any fees until the case is settled. They are abreast of the Indianapolis fountain injury law and help you out with the medical bill, transportation and other immediate requirements.

How much the case is worth?

When you claim the compensation from insurance company, several factors affect the evaluation of your claim. Some factors involved in the evaluation of your case include your diagnosis and duration of medical treatment, the type of treatment and the permanent injuries.

The law allows you to seek compensation in the case of minor as well as major injuries. So, if you are not sure of what your steps should be in the course of battling injuries, contact a lawyer to represent you in the courtroom.

Nature of accidents demanding a lawsuit against

Auto Collision – If you are involved in an auto accident and have serious injuries, you must file a police report and seek legal consultation. There are some good lawyers in the Indianapolis offering free legal consultation. These lawyers represent your case aggressively and help you obtain the maximum compensation under the Indiana law. The lawyer representing your case also tries to win the medical compensation, lost earning compensation and several other types of compensation for you.

Personal Injury – Personal injury can be defined as the injuries caused because of somebody else’s negligence, recklessness or carelessness. The victim is entitle to financial compensation plus medical bills and lost earnings. The able and qualified lawyers offer free consultation and case evaluation and protect the legal rights of victims. Before proceeding with your case, these lawyers make sure that you are aware of your rights, your options and the consequences of the decisions you have made.

Motorcycle Accidents – Most accidents involving motorcycles prove fatal for the concerned people, as they may suffer major injuries. Riders comply with very little protection while riding the motorcycles and can incur injuries all over their body, which may cause broken bones, skin abrasions, amputations, brain and spinal injuries and sometimes even death. The lawsuit related to motorcycle accidents is complex and only an experienced personal injury attorney can look after it well. The insurance company starts their investigations as soon as the accident is reported. They start recording statements, meeting and collecting information from the witnesses, preparing graphics of the scene and get a copy of police report, in the first week of the accident. It might not be in the best of your interest. The competent lawyer would help you preserve the evidences you have to put forward to and stand by your side until you receive the legal compensation.

Similarly, there are several other forms of accidents that you need to fight out in the court to receive the legal compensation. You can always get in touch with an experienced attorney to represent your case and help you receive the deserved compensation in due course of time.



No shortage of Lawyers

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These days, divorce attorneys are popping up everywhere. It seems like divorce is a great business now a days. Luckily there are lawyers everywhere to help people in who do not wish to be with their partner anymore.

There are many couples that have gotten married in the past for the wrong reason. Whether it is on a wim in Las Vegas, an unexpected surprise baking in the oven, arranged marriages, and there are also some people that ironically get married to fix their problems. Then there are the happy couples that fall in love and think they have found the man or woman of their dreams and soon realize after they tied the knot that they were very wrong. Some people don’t open up and show their true colors until after marriage. Those colors tend to be very ugly.

Hillshire village is a pleasant little city that is located in Harris County. The population here is very small but the town’s people are very warm and friendly. The business owners are very gracious as well. Even people in small towns like these need to get divorced sometimes. When that situation arises, they would search for a Hilshire Village divorce lawyer. There were 746 people recorded living in this small city of hilshire village in 2010. This city is the smallest of the Memorial Villages in terms of area. As of 2000, Hilshire Village was the 10th wealthiest location in Texas by per capita income.

Another city in the Houston metropolitan area is a city called Humble Their motto there is “Where people make a difference”. The first settlers began moving into the area of Humble early in the 19th century. Joseph Dunman was thought to be the first person to settle here and was believed to have arrived in Humble in 1828. This area of Texas has a lot of commercial activity due to the regions large oil industry. This city got its name from one of its founders. Like some other small cities humble county also passed a public smoking ban in February 23, 2012. Like all cities there are unhappy couples here that want to get divorced to their partner. These people should search for a Humble divorce lawyer instead of going out of their way to find one in the big city.

There are a lot of lawyers working in Hunter Creek Village. There are many that live there as well. Hunters Creek Village was the 5th wealthiest locations in Texas by per capita income. There was a study done in 2010 that stated that Hunters creek Village was the most expensive suburb in Texas. It is safe to say that it would be very easy to find a Hunters Creek Village divorce lawyer working, if not living there as well. There are many married couples living there together. Surely a few of them will want to get divorced. It is very unfortunate but it is how society works these days. That means great business for the Divorce Lawyers!

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 11 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

 

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



How to make your day in court a pleasant experience

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Your Jersey Village divorce lawyer may have forgotten to tell you how to be on your best behavior in court, or he may have told you some of the requirements, or he may have avoided to tell you altogether because he don’t want to offend your fragile sensibilities; however, the list below will more than make up for what he missed. Note that being in court, especially for a divorce, is an emotional nightmare. You need all the courage you can muster to avoid an outburst that may reflect very badly on you in the eyes of a judge. Your sense of honor will be insulted, witnesses are going to lie, lawyers are going to discuss you like an item on a supermarket’s shelf and you will wish the floor could swallow you. However, take heart. This will not go on forever. So here is the list.

Arrive Early

The recommended time is 45 minutes before the scheduled time for the proceedings to begin. Make sure you are not rushing the last minute to get into the court room. Bursting into the court when the proceedings are underway usually annoys the judges.

Carry Few Items

The security at the courts’ entry will not allow you through until they verify all the items you carry are allowed in the court. After all, you are about to be divorced and you might be suicidal…or worse still, you might be tempted to get physical with your spouse. This can be ugly.

Don’t bring the person you’re are dating

For this time only, get moral support from your inner self. If you are already dating, bringing that person will be an insult to your spouse. The judge is also human and the thoughts in his mind will be ‘he/she couldn’t wait until the divorce is finalized…how much more he/she can do when not in public’.

Observe simple mannerism

Do not talk in the courtroom; switch off your phone; dress official; and wait until it is your time to speak.

Don’t yield to the other parties’ attempts to a conversation

You might be giving your spouse’s divorce lawyer ammunition to pin you down with. Do not communicate with them; rather, let them seek information from your lawyers. Never try to make eye contact with your spouse in court. It will bring all the emotions that have been pent up for a long time on the surface. You cannot afford to be irritable in a court of law. This makes you use bad language, a very bad sign to the judge.

Be Clear and Concise

The judge wants to hear your side of the story. When you are interviewed by the competition, do not be cowed. The judge is used to this theatrics and he can discern who is telling the truth and who is lying. Just tell it as it is, loudly enough but not shouting. When your partner lies, do not get hysterical. Take it in stride. The judge is an expert at detecting lies. If the other side seems to be winning, that might not be the case. \Judges uses the law and not theatrics to decide cases. Consult the Jersey Village divorce lawyer on points of law. Make use of him, because after all, that is why you hired him.

BOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

 

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 

 

Things To Know Regarding Bail

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Bail is a written court permission, known as bail undertaking, allowing a person who is charged with a criminal offense to be temporarily released from the prison, while they are awaiting trial or result such as a guilty plea or withdrawal of their accused charges. It also allows a person to be released from the prison in exchange of the money which the court will hold until the trials, and the proceedings are completed against the accused person. Bail is not a fine and is not supposed to be used as a punishment. The purpose of a bail is to ensure that the accused person will appear in the court for all the pretrial and the trial hearings, when summoned at the specific date and time. The bail is returned to the accused person when their trial is completed, in some cases a processing fee is deducted.

Bail amount

The amount of the bail is decided by the magistrate or the judge by weighing many factors. Few of the factors are as follows:

(1)  The risk of the accused person fleeing.

 

(2)  The type of the crime.

 

(3)  The “dangerousness” of the accused person.

 

(4)  The safety of the people living in the community.

Sometimes, the judge releases the accused based on their own recognizance (without monetary payment), if they have a steady job, personal circumstances that they do not flee, or roots in the community.

 

Bail conditions

The accused person when on a bail needs to follow certain conditions. The conditions are as follows:

(1)  Should appear in the court on the specified time and date.

 

(2)  Should not commit further offenses.

 

(3)  Meet the community officers regularly and follow their instructions properly.

 

(4)  Restrict communication with certain specified people.

 

(5)  Should attend a drug rehabilitation program or a domestic violence program.

 

(6)  Should stay in specific locations at specified hours or be monitored by an electronic equipment when staying at home.

 

(7)  Undergo certain specified tests, for example, urine test.

Sometimes, few bail undertakings include conditions that are specified in the court and listed in the bail undertaking (written bail).

 

Breach of bail

Breach of bail occurs when the bail conditions are not met by the accused person. If you breach your bail, an arrest warrant is issued by the court. The bail gets rejected, and the accused has to go back to the court. Certain breaches of bail are also an offense, for example, failing to attend court without a reasonable excuse or giving false information for bail purposes. The accused is charged and arrested for committing the breach depending on its type. The accused may be granted bail based on additional conditions, if not, they have to face severe consequences. The breach of bail conditions is a very serious offense and if the breach is violated, legal advice becomes really essential. There are many firms, which have extensive knowledge and experience in dealing with criminal matters, offering excellent legal services. Therefore, it is advisable for the accused to seek their help so that they are well-informed and represented throughout their legal difficulties.

 

Author Bio: Lawson Legal Criminal Law is a boutique law perform comprising skilled criminal lawyers in Western Australia. Lawson Legal Criminal Law ‘s defense lawyers offer legal advice on criminal law in many Western Australia areas.