What is burglary of a habitation in Texas? Burglary of a habitation is a 2nd-degree (2-20 TDC) felony in Texas. The law forbids entering a “habitation” without permission from the owner and then attempting or committing theft. See TEX. PENAL CODE § 30.02(a). What is a habitation? “Habitation” means “a structure or vehicle that is…
So you want to get married? Or you think you are married? If you are in Texas, there are two different ways to be married. The first is called a ceremonial marriage. It’s what you think of when you picture a traditional wedding or a couple saying their vows in front of a justice of…
What is Constructive Abandonment? The Texas Family Code section allows involuntary termination of parental rights if clear and convincing evidence supports that a parent engaged in at least one of the twenty-one grounds for termination and termination is in the best interest of the child. See TEX. FAM. CODE § 161.001(b)(1)(A)-(U), (b)(2). A court will look at…
What is assault causing bodily injury in Texas? A person commits assault if he intentionally, knowingly, or recklessly causes bodily injury to another person. TEX. PENAL CODE ANN. § 22.01(a)(1). “Bodily injury” is broadly defined as “physical pain, illness, or any impairment of physical condition.” Id. § 1.07(a)(8). Any physical pain, even very minor pain, is…
In Texas a parent can have their rights terminated. Texas law allows a court to terminate a parent-child relationship only if the court finds clear and convincing evidence for one or more statutory grounds for termination and that termination is in the child’s best interest. TEX. FAM. CODE ANN. § 161.001 How does a court…
Probation offices have a terrible amount of control over the fate of a probationer. Like so many human relationships some people just don’t work well together. Probation officers are people and suffer from the usual human frailties, some enjoy the power of ordering others around and making their lives miserable. If you end up with…
A question we get asked frequently is whether a client or potential client can get “joint custody” of a child. The term “joint custody” is NOT a term that has legal significance under the Texas Family Code. The language in the family code that does use the word “joint” is “joint managing conservator,” and that…
I used to take court appointments, and my first job out of law school was as a public defender. I’ve seen court appointed lawyers do amazing work and I’ve seen lawyers who dabble in criminal defense by getting on the wheel completely fuck up their client’s life. Lawyers are expensive, good lawyers more so, great…
Calculating back time is an issue that slows down many a plea bargain. It’s not as simple as just adding up the days you were in jail. There are issues of when the warrant was issued, figuring out all the different jails you may have been in, getting those agencies to respond, and finally giving…
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