If you are suspected of an alcohol-related offense and refuse to take a breath or blood test, your driver’s license will be suspended if you’re over 21 and don’t ask for an Administrative License Revocation (ALR) Hearing within 15 days from the date of service of your DIC-23. After 40 days, a driver’s license will automatically get suspended on the …
Where do I go to Resolve a Traffic Violation?
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 …
Why Hire a Traffic Ticket Lawyer?
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 is the DWI Law in Texas?
The statute for intoxication and alcoholic beverage offenses can be found in Chapter 49 of the Texas Penal Code. More specifically: Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense …
What are Some Circumstances Where Having a Construction Attorney is Necessary?
A construction attorney can be hired as a safety measure or in a litigation situation. Sometimes, contractors need a construction attorney when they are having trouble getting paid. A lot of construction cases revolve around getting paid. For instance, if an owner believes that the contractor did not satisfy their contact, they may withhold payment also known as “retainage”. As …
How to Make Effective use of a Mechanic’s Lien
A mechanic’s lien is great tool. The constitution supports the lien for material men. You can always use it to leverage your position to get paid. Construction disputes are largely about money issues. As long as you do your work and comply with either a statutory lien or constitutional lien, you always have the opportunity to leverage the owners’ property …
What is a Civil Judgment?
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?
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?
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?
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?
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 Family Members Through Estate Planning
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)?
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)
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
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?
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 …
Is DUI and DWI the Same Charge?
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?
A felony is the most serious class of criminal offense and definitely requires a felony defense lawyer to represent you in court. 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, …
What is a Misdemeanor?
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
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
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 …
Are Assault and Battery the Same Thing?
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 …
What Information Will a Criminal Lawyer Need?
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?
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 …
