What Information is Required when Consulting a Criminal Lawyer?

Cesar Montalvo Criminal Law

We understand the sensitivity of your legal predicament and will hold your information in the strictest of confidence under attorney–client privilege. In order to provide the quickest resolution, we will need you to share the following details about your case: Personal Information: Name given to officer DOB Address Phone Email Arrest Information: Address of arrest or incident Time of arrest …

When do I Need a Criminal Defense Attorney?

Cesar Montalvo Criminal Law

In the state of Texas, the accused usually realize they need a criminal defense attorney after they have been arrested and placed in the county detention center or jail where it takes 8-12 hours to be processed. Here’s what the process looks like: Bond The magistrate states the allegations in the case and sets a bond amount to ensure that …

What is a Chapter 13 Bankruptcy and how is it Different from Chapter 7?

Cesar Montalvo Bankruptcy

Chapter 13 Bankruptcy is less about elimination of debt and more about reorganization of an individual’s finances. Instead of liquidating assets to pay creditors, Chapter 13 provides higher income debtors the chance to restructure debt into a repayment plan that lasts from three to five years. To qualify for Chapter 13, you must have a regular income, you must provide …

What Happens When Filing for Chapter 7 Bankruptcy?

Cesar Montalvo Bankruptcy

When filing for Chapter 7 Bankruptcy protection, debtors can expect to have to turn over a sizeable portion of their property to a so-called bankruptcy estate. A bankruptcy trustee manages this bankruptcy estate, selling property to raise money to pay off a debtor’s creditors. To begin the Chapter 7 Bankruptcy process, you will need to pass a Means Test, file …

What is a Civil Judgment?

Cesar Montalvo Civil Law

A civil judgment is a ruling against a defendant in a court of law. It refers to a non-criminal legal matter and often requires the defendant to pay damages. Damages are generally money amounts. How Does a Lawsuit Start? When a plaintiff wants to sue a defendant, a complaint is filed with the jurisdiction where the issue occurred. If the …

What is a Breach of Contract?

Cesar Montalvo Civil Law

A business contract creates certain obligations that are to be fulfilled by the parties who entered into the agreement. Legally, one party’s failure to fulfill any of its contractual obligations is known as a “breach of contract”. Depending on the specifics, a breach can occur when a party fails to perform on time, does not perform in accordance with the …

What is Probate?

Cesar Montalvo Real Estate Law

Probate is the legal process of transferring of property upon a person’s death. Although probate customs and laws have changed over time, the purpose has remained much the same: people formalize their intentions as to the transfer of their property at the time of their death (typically in a will), their property is collected, certain debts are paid from the …

What is a Trust?

Cesar Montalvo Real Estate Law

A trust is used to determine how a person’s money should be managed and distributed while that person is alive, or after their death. A trust helps avoid taxes and probate. It can protect assets from creditors, and it can dictate the terms of an inheritance for beneficiaries. The disadvantages of trusts are that they require time and money to …

Why Do I Need a Last Will and Testament?

Cesar Montalvo Real Estate Law

A Last Will and Testament (also referred to as a “Last Will” or simply a “Will”) is a formal way of setting forth your wishes regarding how you would like your property distributed upon your death. You should consider creating a Last Will and Testament whether you are single, married, have minor children, or own even a small amount of …

Passing Your Assets to Your Family Through Estate Planning

Cesar Montalvo Real Estate Law

An estate is the real and/or personal property a person possesses at death. Estate planning involves the drafting of living wills, trusts, powers of attorney, and other documents to facilitate the transfer and management of property after death. When someone dies without a will, their possessions will be distributed to their next of kin. By not making a will or …

What is the Fair Debt Collection Practices Act (FDCPA)?

Cesar Montalvo Consumer Law

The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the behavior and actions of third-party debt collectors who are attempting to collect debts on behalf of another person or entity. The law restricts the means and methods by which collectors can contact debtors, as well as the time of day and number of times contact can …

Texas Deceptive Trade Practices Consumer Protection Act (DTPA)

Cesar Montalvo Consumer Law

The underlying purpose of the Texas Deceptive Trade Practices Consumer Protection Act (DTPA) is to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and economical procedures to secure such protection.  Unlawful Acts Under the Texas Deceptive Trade Practices Consumer Protection Act include: Breach of Warranty: This statute is invoked …

The Importance of Signing a Contract

Cesar Montalvo Construction Law

A contract is basically an agreement between two parties creating a legal obligation for both of them to perform specific acts. Each party is legally bound to perform the specified duties such as rendering a payment or delivering goods. A contract may be used for various transactions, including the sale of land or goods, or the provision of services. They may …

What is a Construction Lien?

Cesar Montalvo Construction Law

We have all heard of the term “lien”, but few people (including lawyers) can explain their meaning and significance. At The Law Offices of Cesar A. Montalvo, we explain it as a “a legal security” for payment.  A lien is proscribed by statute (enacted by our legislature) or in equity (provided by common-law principles).  In Texas, both our Constitution and …

DUI and DWI

Cesar Montalvo Criminal Law

DUI and DWI are usually defined as driving under the influence or driving while impaired by alcohol or other legal or illegal substances. A DUI law may prohibit driving under the influence of an alcoholic beverage, driving under the influence of a drug, and driving under the combined influence of an alcoholic beverage and any drug (legal or illegal), regardless …

What Constitutes a Felony?

Cesar Montalvo Criminal Law

A felony is the most serious class of criminal offense. They are generally defined as crimes punishable by imprisonment of more than one year, and the prison sentences are usually served in a federal or state penitentiary rather than a county jail. Some examples of felonies include murder, rape, burglary, kidnapping and arson. Three Strikes Laws People who repeatedly commit …

What is a Misdemeanor?

Cesar Montalvo Criminal Law

A misdemeanor is a criminal offense that is less serious than a felony and more serious than an infraction. You must keep in mind that the verdict of your offense is contingent on the degree of the misdeed. Misdemeanors are generally punishable by a fine and incarceration in a local county jail, unlike infractions which impose no jail time. Many …

Drug Possession is Criminalized Under Both State and Federal Laws

Cesar Montalvo Criminal Law

The charge of drug possession or possession of other illegal controlled substances occurs only when a defendant is knowingly in possession of the substance. This requires two things. First, the defendant must have known that he or she was carrying the drug or substance at issue. Second, the defendant must have known, or reasonably should have known, that the substance …

Theft is Punished on an Escalating Basis

Cesar Montalvo Criminal Law

Theft is the instance where an individual takes money, assets, services, or other property with the intent of permanently depriving the owner of the property. Theft statutes usually refer to the value of the property taken by the defendant, with penalties escalating on this basis. Besides imposing jail, fines, and other punishment, courts in all jurisdictions will require those convicted …

Where do I go to Resolve a Traffic Violation?

Cesar Montalvo Criminal Law

Oftentimes when we are driving and get pulled over for a traffic violation, we never think in terms of jurisdiction. Jurisdiction is the authority of a Texas court to summon you for the allegation of an offense. If you ever wonder why you have to go to the court that you are appointed to instead of the one nearest your …

Are Assault and Battery the Same Thing?

Cesar Montalvo Criminal Law

What it Means to be Convicted of an Assault Charge.  Assault is briefly an apprehension or perception of offensive contact. Typically, an assault requires an overt or direct act that would put a reasonable person in fear for their safety. Spoken words alone will not be enough of an act to constitute an assault unless the offender backs them up …

Why Hire a Traffic Ticket Lawyer?

Cesar Montalvo Criminal Law

This area of law generally involves Class C misdemeanors that fall within the Transportation Code. Convictions of these sorts can have adverse and prejudicial effects on your ability to keep your license. We aim to keep our clients driving and to set you up for a better outcome in case you get stopped again. Why Not Just Pay Your Traffic …

What Information Will a Criminal Lawyer Need?

Cesar Montalvo Criminal Law

A criminal lawyer will understand the sensitivity of your legal predicament and will hold your information in the strictest of confidence under attorney–client privilege. In order to provide the quickest resolution, your criminal lawyer will need you to share the following details about your case: Personal Information: Name given to officer DOB Address Phone Email Arrest Information: Address of arrest …

When do I Need a Criminal Defense Attorney?

Cesar Montalvo Criminal Law

In the state of Texas, the accused usually realize they need a criminal defense attorney after they have been arrested and placed in the county detention center or jail where it takes 8‐12 hours to be processed. Here’s what the process looks like: Bond: The magistrate states the allegations in the case and sets a bond amount to ensure that …