CRIMINAL LAW: What is the difference between a felony and a misdemeanor? Felonies are more serious crimes that can result in large fines and lengthy incarceration in prison, in some situations even the death penalty. Examples of felonies are murder, serious drug offenses, robbery, burglary, and sexual assault. Misdemeanors are the less serious offenses such as possession of small amounts of marijuana, driving while intoxicated, simple assault, and driving while your license is suspended. These can result in fines up to $4,000.00 and up to one year in jail. How does probation work? A defendant can be placed on probation ("community supervision") in lieu of serving time incarcerated. The court will place certain conditions on the defendant which must be complied with. Should the defendant fail to comply with these conditions, the probation may be revoked and the defendant required to serve his time. What is deferred adjudication? Deferred adjudication is much like probation; however, no finding of guilt is entered if the defendant successfully completes the probation. If the defendant fails to comply with the conditions of supervision, the Court may find him guilty and impose any punishment available for the offense. Is a defendant provided a court appointed attorney? If a defendant cannot afford an attorney, one can be appointed for him. However, most Courts will determine that one can afford an attorney if they were able to make bail. How can I get additional information regarding criminal law matters, including fees? Phone 281-497-7180 and ask to speak with Kyle Simmons if you are considering hiring an attorney. FAMILY LAW: How long must I live in Texas to get a divorce? At the time of filing for divorce, one spouse must have lived in Texas for at least 6 months, and in the county where filed for at least 90 days. How do I begin my divorce? A petition for divorce must be filed in the district clerk's office, and the required fees paid. What is collaborative family law? Collaborative family law is a dispute resolution process in which the parties commit themselves to avoiding litigation, in the belief that such is in the best interests of the parties and their families. It is a conflict resolution process that relies on honesty, cooperation, integrity and professionalism and is geared toward the future well-being of the restructured family, and aimed at avoiding the negative economic, social and emotional consequences of protracted litigation. This office prefers to resolve family mattes in a non adversarial manner whenever possible; however is prepared to litigate cases when necessary. Do I have to hire an attorney to get a divorce? No. However, family law can be quite complex, and in Court you will be expected to follow the same rules as an attorney. What if I can't afford an attorney? In some instances the following organizations can offer assistance: Gulf Coast Legal Foundation: 713-652-0077 Houston Volunteer Lawyers Program: 713-228-0732 University of Houston Legal Aid Clinic: 713-743-2094 How long does it take for the divorce to be final? If the parties are in agreement on all issues, a divorce can be granted on the 61st day after the petition is filed. However, in contested divorces with complex issues, it can take a year or longer for the process to be completed. Can I get an annulment? Seldom is an annulment an option. However, in certain circumstances an annulment is possible. Annulments are possible if a party is underage, and under a few other situations if the party seeking the annulment ceases living with the other person upon discovery of the facts permitting annulment. Does Texas have alimony? Yes, in appropriate situations the Court may award alimony, or spousal maintenance to a spouse. How is child support determined? In most cases child support is calculated using guidelines provided for in the Texas Family Code. The spouse ordered to pay child support will most likely also be required to provide health insurance coverage for the children. Can the terms of a divorce decree regarding child custody and support be changed? Yes, if there is an agreement, or if there has been a significant change in the circumstances of a party or a child, and modifying the decree would be in the best interest of the child, a modification may be granted. How can I get additional information regarding family law matters, including fees? Phone 281-497-7180 and ask to speak to Kyle Simmons if you are considering hiring an attorney. PERSONAL INJURY: Can I recover if I'm injured by the carelessness of another? Yes, in many cases one can recover for their damages caused by another. Such damages usually include medical expenses, lost earnings, and recovery for pain and suffering. Can I recover for injuries sustained by the intentional acts of another? In some instances you may be able to recover from the bad actor for their intentional acts. When the injury occurs on the property of another (apartment project, shopping center, hotel or motel), that party could also be liable for your injuries. What is premises liability? The owners of a property might be liable for injuries such as rape, assault, robbery or slip and fall injuries because of improper lighting, security, or design, or for failing to properly maintain the property. Do I need to hire an attorney to represent me in my personal injury claim? No. However, an attorney can help you, the injured party, or their estate, evaluate the case, determine the liable parties, calculate the damages, and determine the likelihood of success should the matter go to trial, and get the best possible settlement as quickly if a trial can be avoided. You will probably want to discuss your case with an attorney before talking to the other side's attorney or their insurance company? How much are attorney fees? This office gives the personal injury client the choice between paying the legal fees on an hourly basis, along with any expenses, as the fees and expenses are incurred, or on a contingent fee basis, where the attorney fees are a percentage of any recovery so that the client pays no fees or expenses until and unless there is a recovery. How can I get additional information regarding personal injury matters? Phone 281-497-7180 and ask to speak to Kyle Simmons, or e-mail this office, if you are considering hiring an attorney. If you are not considering hiring an attorney, the Houston Bar Association has attorneys answer questions on certain Wednesday evenings. Call 713-459-1133 for details. WILLS & PROBATE: Do I need a Will? If you own any property or have funds in financial institutions, a Will allows you to direct who will receive those assets on your death. What happens if I die without a Will? If you die with real property or funds in your name, it is likely a proceeding will be required wherein your heirs are determined and your property divided amongst them, this can be much more expensive than having Will probated and require much more time. Can I write my own Will? Yes, though we don't recommend it. The Courts will admit a signed and dated Will written entirely in the deceased's handwriting, if it is clear it was intended to be a Will. However, an attorney can help with drafting the Will and insure that the Will be admitted to probate and that the necessary appointments and other important matters are addressed. What is a Power of Attorney? A Power of Attorney is a legal document that allows one person to make financial and/or healthcare decisions on behalf of another. These can be used to permit a trusted individual to tend another's business or carry out the others wishes should the person become incapacitated and unable to handle their own affairs.