Category Archives: Legal News

Lawyer in Houston

Personal Injury Lawyer to Win the Legal Compensation for the Damages

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.

pixel Personal Injury Lawyer to Win the Legal Compensation for the Damages
California’s expungement law

California’s Criminal Record Expungement Law Provides Real Relief

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.

pixel California’s Criminal Record Expungement Law Provides Real Relief
Arrested For DUI Houston

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

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

pixel What Happens To My Driver’s License If I’ve Been Arrested For DUI?
texas-debt-collection-laws

Know the debt collection laws in Texas

The Federal Fair Debt Collection Practices Act provides for the protection of consumers from unfair debt collection practices. The Texas Debt Collection Act advocates for the same protection but goes a step further to regulate the manner in which debt collection is practiced within the state of Texas.

The Federal Fair Debt Collection Practices Act and the Texas Debt Collection Act are two pieces of legislation that basically serve the same purpose of protecting consumers from illegal debt collection practices including harassment and abuse. Both Acts prohibit the following:

1. Calls at work, if the collector has reason to know that the employer does not permit such calls
2. Call before 8am and after 9pm, unless the collector is aware that those times are convenient to the debtor
3. Unfair ways of collecting or attempting to collect a debt
4. Any conduct to harass, abuse or oppress the debtor

While the two Acts agree on the above points the Texas law sets out guidelines for debt collection in Texas:

Any debt collection company attempting to collect debt within the state of Texas must be bonded and licensed to do so. Failure of the company to maintain active surety bond, warrants grounds for immediate ceasing of collection activities and reporting to major credit bureaus

A debt collector must validate a debt within 30 days of instruction to collect and/or a request for validation being made by the debtor.

Debt validation is in accordance with the Texas Finance Code Section 392.202; which requires the debt collector to provide the alleged debtor with specific information regarding their debt which includes but is not limited to the following:

1. Name of original creditor
2. Original date of default
3. Date the debt was transferred from the original creditor to the third party debt collector
4. The original balance
5. The current balance
6. Surety bond information

In the event the debt collector fails to validate the debt within the 30 days, the debt collector inadvertently admits that the debt is inaccurate and thus has 5 days to cease all debt collection activities and remove all credit bureau listings.

Failure to meet the 5 day deadline means the debt collector agency is in violation of Texas debt collection laws and is subject to civil and criminal penalties and are legally obligated to permanently cease collection activities and remove the listing from the person’s credit profile with national reporting bureaus.

The debt collector agency must have proof that the person they are intending to collect from is indeed the debtor in question.

A third party collection agency that violates any provision of the Texas Finance Code is liable to civil and criminal penalties which may include monetary compensation to the victim.

The debt collector company cannot at any point engage in abuse, threats, coercion, misrepresentation, fraud, harassment, unfair means, and deception to collect debt.

The debt collection company must provide proof that they have the authority to collect fees, interest or expenses above the original balance; such proof may be a signed document by the debtor.

pixel Know the debt collection laws in Texas
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.

pixel Hire Bankruptcy Attorney
family law

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.

pixel Conservatorship in Texas

Things To Know Regarding Bail

facebook-cover-4.27.15 Things To Know Regarding Bail
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.



pixel Things To Know Regarding Bail