If you are are going through a divorce with children present or if you are considering a divorce and have children, it is important to have an experienced Family Law Attorney that understands the law and the needs of your family.

Child Custody

Family law itself can be a little tricky to comprehend. Words like “conservator” are used throughout family law. In Texas the law uses “conservator” instead of “custodian” as you might see in other states. This term is used to describe the legal rights and responsibilities of the parent. This isn’t a definition most people will be familiar with, below is a summary of what that term means.

In Texas, there are two types of conservatorships:

1. Joint managing conservatorship
2. Sole managing conservatorship

In general most conservatorships include the the right to:

• receive information from the other parent about the health, wellness and education of the child
• have access to dental, medical, psychological and educational records of the child.
• speak to a physician, dentist or psychologist about the child
• talk to a school office about the child’s education, welfare, health and educational activities
• consent to medical care, surgery, or dental treatment in an emergency or time of immediate danger to the child

Child Support

Child support is a different aspect of Family Law that relates to child custody. There are several ways to calculate child support in Texas, the link referenced is to the site for the Texas Attorney General.

The parent that does not have primary custody is typically the one that pays child support. Child support in Texas is actually required even if there is no court order. The legal duty to provide financially for their children is put upon anyone that has children in Texas.

Below is a list of typical child support percentages based on the number of children for a parent who has no other children outside the current court proceedings:

• 20% for 1 child,
• 25% for 2 children,
• 30% for 3 children,
• 35% for 4 children,
• 40% for 5 children,
• Not less than 40% for 6 or more children.

Navigating family law and what is best for you and your children can be difficult and overwhelming. The Goodman law firm is incredibly experienced in all areas of family law and provides a high quality of customer service. If you have any Family Law needs, please contact us today for a consultation.

In the previous blog post, we discussed the Respondent’s answer to the divorce petition and some of the steps that typically occur after the Respondent’s answer is filed. In this post, we wrap up our Family Law series on the basic divorce process in Texas.

Mediation. By the time the Petition and Answer have been filed, Temporary Orders have been determined, and discovery has been conducted, sufficient time has passed for the spouses to agree on what is fair and settle their case before incurring more expenses in a long, drawn-out court proceeding. One of the most common methods for dispute resolution is mediation. Mediation is a non-binding, confidential process that may be conducted at any time during the divorce proceedings, with the cost paid by the parties. The mediator is a neutral third-party – typically, though not always, a lawyer – who is chosen by the parties or appointed by the court. The mediator meets with the parties and their attorneys to help find common ground solutions that both parties can accept. Because mediation is non-binding, the spouses are not required to reach a resolution or a settlement. But if a written settlement is reached at mediation, then that settlement is usually considered binding. If a settlement is not reached at mediation, the parties can expect to go to trial.

Court-Ordered Parenting Courses. In Texas, many counties require the parties in a divorce with children to take an in-person or online parenting course before the date of divorce. If this parenting course is required, most courts will not allow the parties to move forward with their final divorce hearing until both parties have filed their certificates of course completion with the court. [Note: In some counties, the parenting course requirement is waived if custody of the parties’ children is not contested.]

Final Divorce Hearing. You may set your case for a final hearing any time after the end of the sixty-day “waiting period” (see the third post in this blog series). A final hearing may consist of a jury trial, if requested, or a “bench trial,” which means that the judge acts as the jury. The parties will testify at the final hearing, along with witnesses who will help each spouse prove their case. (For more information about your final hearing, see my post What to Expect When You Go to Court.) At the end of the hearing, the Court will rule on the division of the marital assets and liability, child custody, support, and visitation, and any other issues specific to your case. On the other hand, if the spouses are in complete agreement as to all issues and have reduced that agreement to writing, then the final hearing can be as simple as answering a few questions and having the judge enter the agreement into the Court’s records.

Final Decree of Divorce. The Court will incorporate its rulings – whether they were reached by agreement or decided by the judge or a jury – into a Final Decree of Divorce. The judge will sign the final decree, making it a legally binding document. The Final Decree of Divorce should dispose of all unresolved issues in the divorce. It also may provide for the name change of a party to a name previously used by that party. [As a practical matter, this typically means that the wife may use the Final Decree of Divorce to revert to her maiden name or any other name, so long as it was a name that she previously used. Note: A spouse may not use a Final Decree of Divorce to change their name to a brand new name. That type of name change requires a separate proceeding.]

The divorce is considered final when the judge signs and dates the Final Decree of Divorce. Because both parties have thirty days to appeal the judge’s decision, neither spouse may re-marry until that thirty-day period has passed.

Modifying the Final Decree of Divorce. Because the Final Decree of Divorce is a legally binding court order, legal steps must be taken to modify it. Modifications are most commonly requested in matters related to child support, child custody, and possession and/or visitation. To request a change to the Final Decree, the parent requesting the modification must file a Petition to Modify. A material and substantial change in circumstances since the last court order must occur to be able to request a modification. Generally, child support may only be modified every three years, and then, only if the amount of the child support payment would increase or decrease by 20% or $100.00 per month. There are, however, two exceptions to this general rule: (1) the non-custodial parent receiving a significant raise in income, or (2) the child suddenly requires additional support due to illness.

I hope this series has given you a good overview of the divorce process in Texas. Because this has been an overview of the process, your specific marital or family circumstances may involve additional steps that I have not addressed in this series. If you have questions about the process or you need an attorney to represent you in your divorce or modification, contact The Goodman Law Firm today.

~ The preceding information was adapted from Pro Se Divorce Handbook , created as a public service by The Texas Young Lawyers Association and The State Bar of Texas, 2014.

Composite of Calendar Pages and ClockComposite of Calendar Pages and Clock In the previous blog post, we discussed how the Petitioner (the spouse who filed the Petition for divorce) legally notifies the Respondent (their soon-to-be ex-spouse) that the Petition has been filed for divorce. In this post, we discuss the Respondent’s answer to the Petition, along with a couple of steps that normally follow the Respondent’s answer before a divorce is final.

The Answer Deadline a/k/a Should Counting Days Really be This Difficult?

Once the Respondent has been notified of the Petition for Divorce through one of the methods discussed in the previous blog post, the deadline for the Respondent to file an answer is at 10:00 a.m. on the Monday following 20 complete days after the date that the Respondent is served. Sound confusing? It can be. (Only lawyers would make it difficult to count days, right?)

Let’s look at a couple of examples to show how this actually works.

• Example 1 – Assume that the Respondent is served with the Petition for divorce on a Monday. The Respondent would begin counting days on the following day, meaning that Tuesday becomes Day 1, Wednesday is Day 2, etc. Because Day 20 will be a Sunday, the Answer is due at 10:00 a.m. on the next day, the Monday that would be Day 21.
• Example 2 – If the Respondent is served on a Tuesday (just one day later), however, they will have a later answer date. In that example, the Respondent would begin counting days on the following day, making Wednesday Day 1, Thursday Day 2, etc. In that case, Day 20 would be a Monday. Because the answer has to be filed by 10:00 a.m. on the Monday after 20 complete days have passed, the Respondent’s answer would not be due until the following Monday, day 27. (Because the Answer has to be filed by 10:00 a.m., a Monday that is Day 20 is not a complete day for purposes of counting days.)

Once the Respondent files an Answer, he or she is entitled to receive notice of all court hearings and to be present in court for any proceedings in the case. While an Answer is still considered valid in a divorce case as long as it is filed before the divorce is final, waiting too long can have negative consequences. And if the Respondent does not file an Answer, it is possible for the Petitioner to move forward with the divorce without any further notice to the Respondent until after the divorce is final.

Contents of the Answer. In Texas, it is sufficient for the Respondent to file a “general denial” answer – that is, as the name suggests, an answer that generally denies the Petitioner’s allegations. The Respondent also has the opportunity to deny specific allegations in the Petition. In addition to filing an answer, The Respondent can also file what is called a “counter-petition” for divorce. In the counter-petition, the Respondent essentially describes their own allegations for seeking a divorce and the relief that they want the Court to award.

Waiting Period. A Court cannot grant a divorce until after the Petition for divorce has been pending for at least sixty days. This time period begins to run on the date the Petition is filed with the Court. This so-called “waiting period” serves multiple purposes. Sometimes it permits the parties to “cool down” and, perhaps, reconcile. Generally, however, the parties use this time to reach agreements regarding the specifics of their pending divorce. By reaching agreements during the waiting period, the spouses can prevent an outside party (usually a judge) from making decisions regarding their lives, property and relationship with their children.

Temporary Orders. After the Petition for divorce is filed, the Court, acting on its own or on the motion of either party, may conduct an initial hearing and grant “temporary orders.” Temporary Orders set out the “ground rules” for the parties’ conduct during the waiting period (see above) regarding matters like preservation of property, the safety of both parties, and child-related issues, e.g. child support, custody, and visitation.

Temporary Orders usually function like a short-term divorce decree. They are legally binding guidelines for both parties until the Court makes its ruling in the final divorce decree. The Court can decide who will temporarily remain in the marital residence, which spouse will have to move out, and how family expenses and bills will be paid until the divorce is final. This is also the proper time to ask the Court appoint a therapist or parenting coordinator/facilitator. If the right to determine the primary residence of the children or possession of the children is at issue, the Court may order the parties to complete an evaluation with an expert to assist the Court in determining what is in the best interest of the children. This is known as a “social study” or “custody evaluation.”

If either spouse violates the Temporary Orders, they are in contempt and can be ordered to appear in Court. If the spouse who violated the Temporary Orders does not appear for the hearing, the Court can issue a bench warrant and that spouse will be taken into custody. At the contempt hearing, that spouse can be sentenced to jail or have assets taken to satisfy the Court’s orders.

Next week, I will wrap up this series as I touch on the topics of mediation, parenting courses, and finalizing your divorce.

~ The preceding information was adapted from Pro Se Divorce Handbook created as a public service by The Texas Young Lawyers Association and The State Bar of Texas, 2014.

In the previous blog post, we discussed the general mechanics of filing the Petition for divorce – When you can file for a divorce in Texas, where you can file, what you can allege, and how much it will cost to file for divorce. In this post, we describe how the Petitioner (the spouse who filed the Petition) legally notifies their soon-to-be ex-spouse (the Respondent) that the Petition for divorce has been filed.

The Petitioner typically can notify the Respondent of the filing of the Petition in one of three** ways. First, a private process server or a county constable can personally serve the Respondent with formal notice that the Petition has been filed. Second, the Respondent can sign a document that is called a “Waiver of Service.” Third, if the Respondent (or their current address) cannot be located after a diligent search, the Petitioner can ask the court to order that the Respondent be served by publication or posting. Each of these methods is generally explained below.

Formal Service of Process. The first way to legally notify the Respondent is to personally serve them with the citation (a legal document prepared by the District Clerk that formally gives notice of the Petition). This method typically involves a fee. For personal service, you will provide the District Clerk with the address where you believe that your spouse can be served and request that a citation be issued. The District Clerk will then issue a citation, along with a copy of the Petition for divorce, to the Constable or Sheriff in the county where the Respondent will be served. If the Respondent will be served in a different county or if you want to have the Respondent served by an authorized private process server, the District Clerk will return the citation to you. (Private process servers often can serve the citation and Petition more quickly, because they do not have law enforcement responsibilities. Also, they can attempt to serve the Respondent at any place and time you believe they can be found, while a Sheriff or Constable may only attempt service at certain times of the day and week). It then becomes the Petitioner’s responsibility to deliver the citation and a copy of the Petition to the private process server. Personal service is considered complete when the process server hands the citation and Petition to the Respondent. Whoever serves the citation and Petition – whether it is a private process server, sheriff, or constable – must sign an affidavit for the Court that describes when and where they served the citation and Petition.

Waiver of Service. The second – and easiest – way to give legal notice to the Respondent is by using a Waiver of Service. With the waiver of service, the Respondent waives the requirement for the Petitioner to use a process server (i.e. Constable, Sheriff, or private process server) to formally serve them with a citation and a copy of the Petition. As the name suggests, a Waiver allows the Petitioner to give formal notice of the Petition to the other spouse without formal service.

The Waiver must be signed by the Respondent after the Petition for divorce has been filed with the court and the Respondent has been given a file-stamped copy of the Petition. Once the Waiver has been signed by the Respondent, it must be filed with the Court, where it must be on file with the Court at least 10 days before a divorce can be finalized.

Posting or Publication. The third method to notify the Respondent of the Petition for divorce is by posting or publication. For service by posting, the Petitioner asks the District Clerk to post the citation at the courthouse. After a certain amount of time has passed, the Clerk notifies the court that service by posting has been completed. A Court order is needed for service by posting, so this method should only be used if all reasonable means of service have been tried but the Respondent has not been located. Service by posting is usually done when no children or property are involved in a divorce.

Service by publication is accomplished in the official newspaper of the city where the Respondent was last known to have lived. After obtaining a Court order allowing this method, the Petitioner asks the District Clerk to issue notification of the filing of the Petition in the newspaper authorized by the Court. The Petitioner is responsible for any fees charged by the newspaper. Once the publication is complete, the Petitioner must file proof of the publication with the District Clerk.

The ins and outs of serving the Petition can be complicated. With The Goodman Law Firm, they don’t have to be. Contact us today for a consultation regarding your legal situation.

** There are other ways for the Petitioner to have the Respondent served. These three ways, however, are the most common.

~ The preceding information was adapted from Pro Se Divorce Handbook , created as a public service by The Texas Young Lawyers Association and The State Bar of Texas, 2014.

Divorce is both an emotional event and a legal proceeding in Family Law. Divorce affects your relationships, your children, your money, and your property. While failing to protect your rights can have significant, long-term consequences in any legal matter, this is particularly true with a divorce. During the next several blog posts, we will describe – generally – the legal components of the divorce process in Texas, so that you have a better understanding of your rights and how to protect them.

First things first: You have the right to represent yourself in any court proceeding [a person who represents himself or herself in court without a lawyer is a “Pro Se” litigant], including a divorce. However, the process is often complex, and Pro Se parties will be expected to follow the rules and deadlines that attorneys must follow. If at all possible, you should hire an attorney – whether it is my law firm or another law firm – to represent your interests, especially if child custody and support, large amounts of property or debt, or domestic violence, are involved.

Filing the Petition: The spouse who files for divorce is the “Petitioner.” The other spouse is the “Respondent.” After you decide to move forward with a divorce, the first decision to be made is where to file for divorce. Before you can file for divorce in Texas, you and/or your spouse must have lived in Texas for at least six months. The divorce petition must be filed in the county in which either spouse has lived for at least ninety days. (Note: If you are the spouse who has received or been served with the Petition for divorce, I will address how to respond to the Petition in Part 3 of this series of blog posts.)

Allegations in the Petition: Most divorces in Texas are “no-fault.” However, parties sometimes plead grounds like adultery or cruelty to gain a tactical advantage in the divorce, especially when one spouse seeks an unequal division of the community estate (the property acquired during the marriage). Caution should be exercised when pleading specific grounds for divorce. The law permits a court to remove certain types of inflammatory remarks or detailed allegations of marital misconduct from a petition for divorce. Simply put, such matters should not be described in detail in the Petition. For example, to plead the ground of adultery, the Petition should state “Petitioner requests a divorce on the grounds that Respondent has committed multiple acts of adultery.” The Petition should not state “Petitioner requests a divorce from Respondent because Respondent has repeatedly cheated on Petitioner with the next-door neighbor, Jane Smith.” The Petition should also state whether the Petitioner (the party filing the Petition) believes that the parties will reach any agreements on custody or property issues, or alternatively, if an agreement cannot be reached, what the Petitioner wants the court to order.

Filing Fees: At the time of filing, you will be required to pay a filing fee. Filing fees vary from county to county. In Collin County, for instance, the basic filing fee for a divorce with children is $ 299, while the basic filing fee for a divorce with children is $ 333 in Dallas County. (In contrast, marriage licenses in both counties cost $ 81.)

Look for Part 2 of this blog series as I continue to explain the basic parts of the divorce process in Texas. In the meantime, contact The Goodman Law Firm with questions about your family law situation or other legal matters.

~ The preceding information was adapted from Pro Se Divorce Handbook, created as a public service by The Texas Young Lawyers Association and The State Bar of Texas, 2014.

First, there is a limited amount of time to from the date of your DWI arrest to fight to keep your drivers license, or your license could be automatically suspended.

Our law firm will also want to know the details and facts of your DWI arrest. This allows us to identify any flaws or mistakes in the process or procedures of the DWI arrest. Our job is to protect your rights throughout the entire process and achieve the best possible solution for your DWI case.

DWI charges can have long-term impacts. They can impact your job, they appear on background checks, they can impact your credit rating, insurance and other aspects of your life.

DWI Penalties in Texas

1st DWI Charge / Offense – After your first DWI offense in Texas, you may be fined up to $2,000 and spend between three and 180 days in jail. Additionally, your license may be suspended for up to two years, and there may be an annual surcharge of as much as $2,000 to keep your license for three years. Finally, you may be required to install an ignition interlock device on your car and attend a DWI intervention or education program.

2nd DWI Charge / Offense – After a first offense, the penalties associated with DWI in Texas increase significantly. A second offense could result in fines of up to $4,000 and a jail sentence of one month to one year. The license suspension associated with a 2nd DWI offense can last up to two years, and there may be a three-year annual surcharge of up to $2,000. In addition, you may be required to install an ignition interlock device in your vehicle and attend a DWI intervention or education program.

3rd DWI Charge / Offense – The fine associated with a third or subsequent offense in Texas can be up to $10,000. In addition, offenders may be sentenced to 2 to 10 years in state prison, and have their license suspended for up to 2 years. There may also be a surcharge of up to $2,000 assed per year for three years. Finally, there may also be a requirement that you install an ignition interlock device in your vehicle and also that you participate in a DWI intervention or education program.

Regardless of your situation, it is best to contact a DWI Attorney to help you in your defense. A skilled attorney may find flaws in the arrest that could get your case dismissed. If the case isn’t able to be dismissed, an attorney can help mitigate the consequences and fines of a DWI charge.

Contact us today for a free consultation about your DUI arrest.

Don’t Forget to Read Your Standing Orders

Most counties have so-called “Standing Orders” that go into effect as soon as you file – or receive – the divorce petition, before you ever appear in court. Standing Orders dictate things like how money can or cannot be spent until your divorce is final, how the parties are to behave during the divorce process, and ways that spouses are to minimize disruptions to their children’s lives and schedules. If you fail to read – or follow – these Orders, then you may unintentionally violate them. The court can sanction you for violating the Standing Orders, meaning you may have to pay part of your spouse’s attorneys’ fees or a monetary penalty, or the court may negatively modify possession of or visitation with your children. So make sure you’re you read your Standing Orders as soon as you receive them.

Don’t Text When You’re Mad

With the increased use of smartphones, we all communicate increasingly by text message. Many times, this is more convenient than a phone call. When a divorce is ongoing, however, sending a text message to your spouse when you are angry or upset can hurt your case. You can count on any angry or profane texts being introduced into evidence against you, and they will not make you look like the better person or parent. Before you send any text message to your spouse – or child, because your spouse will also be checking their messages – read what you have typed, and then re-read it. Think about how it would sound if it was read aloud in court to the judge or a jury. Do you sound reasonable? Rational? Calm? If not, do not send it . Don’t let your thumbs get ahead of your brain.

Don’t Settle too Early

Although you may want to get through the divorce process as quickly as possible, don’t make the mistake of rushing through it and forfeiting your financial security. Because Texas is a community property state, you may have a greater financial interest in your marital property than you realize. Make copies and obtain documents for things like retirement plans, pension statements, property deeds, tax forms, brokerage and mutual fund statements, credit card statements, and other records. If you and your spouse can work out an amicable agreement on your own, you can file what’s known as an “uncontested” divorce. If this is not possible, you will want to hire a mediator or an attorney.

Don’t Forget the Taxes

The spouse who is awarded the children is commonly awarded the family house. However, if the mortgage, property taxes and insurance are too much, you may want to consider asking for something of equal value to the house so you can acquire a more manageable living situation. Additionally, your future income taxes will be different since single individuals do not receive as many tax breaks as married couples.

Divorce is difficult for anyone, especially when children are involved. But, at The Goodeman Law Firm, we are dedicated to providing quality service through the entire process and beyond. Contact us today for a consultation.

Divorce is a tough and often an emotional process. Whatever the reason for the divorce, a number of factors are put in to consideration to calculate child support.

Level of Income

One of the factors used to calculate child support in Texas is your level of income. In most divorce cases, the income of the noncustodial parent is considered for child support. Income will include not only salaried income, but also: bonuses, commissions, tips, overtime and other additions to your total income. Other types of income that can be considered in a divorce are:

• Rental income
• Trust income
• Royalties
• Dividends
• Interest
• Severance pay
• Social Security benefits
• Unemployment
• Disability or workers’ compensation benefits
• Self-employment income
• Spousal maintenance or alimony

Retirement pensions are also used to calculate child support as well as prizes or cash.

For those that are unemployed or underemployed, the court will impute income or credit income to those individuals. If you are unemployed, the court will impute income taking into consideration the minimum wage, while if you are underemployed, the court will impute income based on your earning potential, and not the actual income. To establish the level of imputed income, the court will consider the reason for unemployment or underemployment, earning potential had the marriage lasted, ages of the children and other assets that the parent may use to support himself or herself.

Incomes That are Excluded

Food stamps, welfare benefits or other forms of federal public assistance are not considered income. If an individual is currently fostering a child, the payments received are also excluded from calculation. If a person has remarried the new spouses income is not considered in child support payments.

If you have any questions regarding child support, divorce or any other area of family law, please contact us today. You may also complete a form for a FREE consultation about your case.

In addition to having these charges resolved without appearing in court, an experienced criminal defense attorney can many times have these charges dismissed and sealed from one’s criminal record. You many notice that in Rockwall County and Dallas County law enforcement officers target specific areas for these crimes. Take DUI or DWI for example…if you are leaving the lake area in Rockwall at Dalrock at night, you are very likely to see an officer observing traffic and pulling over any suspicious vehicles to check for intoxication.

It is important to have an experienced criminal attorney so that your record does not cause issues for you in the future. Many homeowners associations, employers, volunteer organizations and colleges look into an applicants background during the application process.

If you or someone you know has been arrested or given notice to appear in court, contact us today for a free consultation.

The Goodman Law Firm has over 15 years of experience in Criminal Law and serves Dallas County, Rockwall County, Kaufman County, Collin County and Hunt County. We are proud to offer outstanding legal representation to our clients and we ensure that each individual who seeks our counsel is provided with one-on-one legal service direct from an attorney. When you work with our firm, we do anything and everything to protect your rights and defend your freedom. Time is of the essence after an arrest, and the sooner you work with an attorney, the sooner you can be sure that your freedom is being defended.

There are many areas of a divorce, and having a knowledgeable family law attorney is critical in a divorce settlement. We will cover a few common divorce topics in the sections below.

Divorce and Property in Texas

In Texas all income earned and property acquired by either spouse during the marriage belongs to both spouses equally. Spouses have what is called community property, which is defined as any property that either spouse acquires during the marriage, except separate property.

Exclusions do apply, for example if the couple has a prenuptial agreement.

A prenuptial agreement is an agreement between prospective spouses made in contemplation of marriage. in most cases, prenups control the division of property, such as land, buildings, retirement accounts, and automobiles.

Prenuptial agreements have to be finalized before a marriage occurs. They become effective as soon as the parties are legally married. Prenuptial agreements are also known as premarital agreements in some jurisdictions.

Child Custody

Child custody is a topic that will have to be covered in a divorce involving children. What is in the best interest of the child? What if one spouse wants to move out of state? What are the visitation rights? All of these questions and many more will need answers. The spouses may agree or it may be left to a judge to decide what is the best interest for the children involved.

Once the child custody terms are set or agreed upon, future modifications can be made. A Texas family court is able to modify a child custody or parental visitation judgment or order either conferring or limiting parental child custody or visitation rights when the circumstances of either the child or the parent affected by the order or judgment have “materially and substantially” changed.

Child Support

All parents, regardless of if they are married to each other, must support their children financially. In Texas, child support is calculated by multiplying the paying parent’s net income by a percentage that is set in the guidelines. Texas child support laws require the non-custodial parent to pay support based upon their annual earnings.

There are many common questions regarding child support in Texas and it is important to have a knowledgeable, experienced attorney on your site during the difficult time of going through a divorce and determining child custody, child support and the division of property.

If you have any questions regarding divorce in Texas, Child Custody, Alimony, Child Support, prenuptial agreements or any other aspect of Family Law, please request a FREE consultation.

Most criminal law cases will start with a criminal investigation, followed by a case officially being filed. Once the case is filed it is presented to the District Attorney. If the case is accepted a court will hold an initial appearance to make sure you have an attorney. If you have not yet hired an attorney, one will be appointed for you. Once you have an attorney, a consultation takes place and the defense process begins. There is an evidence exchange, possibly followed by some motions made by the attorney. Before trial there is a status conference where a negotiation or plea is encouraged before the cause goes to trial. If the no plea is given or if it isn’t accepted you move to trial.

We’ll provide are more detailed description of the criminal law process below.

Criminal Investigation

A criminal investigation can begin because of what an officer has observed, a 911 call, an allegation or a tip from an informant. During the course of the criminal investigation officers will look for evidence, and a lead detective will be assigned to the criminal case. During the investigation the detective may request a statement from you, also called an interrogation. If this happens, you should hire an criminal defense attorney immediately.

The Case is Filed

Once the detective has completed the investigation he or she will deliver a sworn affidavit to the magistrate with the reason they feel a crime has occurred. The magistrate will then review the affidavit and decide if there is probably cause and issue a warrant for the individual. Once arrested the individual will be informed of the charges against him, this is called the arraignment.

The Case is Presented

If the case is to proceed it will have to be accepted for prosecution by the District Attorney’s office. Once the case is reviewed the DA’s office will decided to file by an information or true-billed by a grand jury. If they file by information it is a misdemeanor, if they file true-billed it is a felony.

How Does the Grand Jury Process Work?

Once the case is filed and presented to the court it can have a number of settings. In Rockwall County a number of pre-trial settings exist which require different tasks to be accomplished.

The Initial Appearance

During the initial appearance, the court makes sure the individual has an attorney. If an attorney has not been hired, one will be appointed. A Election of Counsel form is filled out and the request for the court to appoint an attorney is made.

Is a Court Appointed Attorney Free?

Yes and no. If you are not able to bond out of jail, the appointed attorney is most likely free. If you were able to bond out, or were given a pre-trial release, the court can order that you repay the attorney fees. Additionally, you may be required to pay for your court-appointed attorney as condition of probation, deferred adjudication, or as a condition of a pre-trial diversion program. In short, when you ask for a court-appointed attorney, you are giving up your right to choose your own attorney, and in all likelihood you will end up paying for an attorney that you did not choose.

The Consultation

Hopefully you’ve hired an attorney early in the process, but if you were just appointed your attorney the consultation process will begin. Again, if you hired an attorney from the beginning, a consultation has most likely already taken place.

At this point the prosecutor should be ready to offer a plea agreement. A plea deal is basically the punishment you would receive for pleading guilty to the crime and avoiding a trial. If the plea is accepted a number of outcomes could occur. If you do not wish to accept the plea agreement, more pre-trial settings occur. Evidence exchange would then occur next.

Evidence Exchange

Prosecutors will present all the evidence gathered in the investigation. During the discovery period, evidence is disclosed. At this time another plea agreement may be made. If no plea is agreed upon, the case will move to the motion setting.

Motion Setting

There are certain circumstances that may prompt your attorney to file motions with the court. For example, if your attorney believes that the procedures used to gather evidence from your case was unconstitutional, they can file a Motion to Suppress the evidence. If a motion is filled there will be a hearing on the motion. If a plea agreement is reached at this point, the plea proceeding is scheduled. If not, then the case will either be set for Trial or for a Status Conference depending on kind of case you have.

The Status Conference

Again parties are encouraged to reach a plea agreement before moving into trial. If a plea agreement was accepted by both parties, a judge can decide to not accept it. In any event if there is no plea agreement or the agreement is rejected some forms will be filled out and the case will be set for trial.

The Trial

If after the pre-trial settings a case is not resolved, it is set for a trial. A person who is accused of committing a crime has the right to a trial by jury in Texas. For misdemeanors, this is a jury of six people. For felonies, it is a jury of twelve people.

If you would like a free consultation regarding your criminal law case, please contact us today. The Goodman Law Firm in Rockwall has experience and knowledge in the area of criminal law.

To have an arrest warrant issued, an officer has to have probable cause that the individual was involved in a crime. The officer must also submit a sworn affidavit detailing the probable cause.

As a criminal attorney in Rockwall, The Goodman Law Firm fights to protect clients that are arrested for criminal charges. Once a person is arrested there are many rights still available to them. It is our job to make sure all their rights are protected and they are treated according to the law.

Rights You Have After Arrest

• The right to know what charges have been brought against them
• The right to be told the identity of arresting officers
• The right to communicate by telephone with an attorney, family, friends or a bondsperson
• The right to remain silent if questioned by police
• The right to be represented by an attorney before speaking with police

Notice the last right listed…to be represented by an attorney before speaking with police. If you are involved in a criminal law situation, it is important you contact a qualified attorney as soon as possible.

While in police custody and under arrest, you have the right to remain silent. You do not have to answer questions or go through an interrogation. Any questions you do answer can be used as evidence against you.

The Goodman Law Firm is very experienced in Criminal Law matters. Our founding attorney has been involved in over 200 bench trials and countless trials by jury.

Guilty or not guilty, the person arrested still has rights and The Goodman Law Firm is not only here to protect those rights, but see their case to the best outcome possible. Schedule a free consultation today.

Texas Family Law Myths

1. You Can only get a Divorce in Texas if You Were Married in Texas

FALSE – If either spouse resided in Texas for at least six months prior to the filing of the divorce, Texas courts have jurisdiction over the divorce action.

2. In Child Custody Actions, the Law Favors Mothers

FALSE – It is specifically written in the law that a court should not consider a parent’s gender when deciding on child custody. The judge must determine what is in the best interest for the child.

3. Child Support Must be Paid While a Child is in College

FALSE – A child support order remains in effect until a child graduates from high school or turns 18, whichever occurs first. At 18, the support term is terminated automatically unless one of the parties files notice with the court that the child has not graduated from high school.

4. If a Child Support Obligor Loses His or Her Job, He or She Can Stop Paying Child Support Temporarily During the Period of Unemployment

FALSE – The obligor must pay child support as long as the order is in place. The obligor may seek to modify the terms of the child support order based upon the loss of a job or underemployment. If the court determines the obligor is intentionally unemployed or underemployed the court can apply the support guidelines to the earning potential of the obligor.

5. Texas Recognizes Legal Separation, Which Allows Spouses to Remain Married but Live Separately

FALSE – Texas courts do not recognize legal separation. The laws relating to community property continue to apply to married people, even if they are physically separated, until the date of divorce.

Family Law can be overwhelming and hard to understand. If you are going through divorce, child custody, child support or any other area of family law, contact us today. We offer a free consultation regarding your case.

Individuals could use an unsworn declaration. This law was passed in September 2011 under the Texas Civil Practice and Remedies Code. Instead of making a trip to a notary and paying the small fee, a person can make a written declaration which has to include: their name, address, date of birth, and signature, under penalty of perjury, that the document is true.

The general now is that an unsworn declaration can be used instead of a sworn declaration. This was an effort to help life move along and make the handling of some matters easier and faster.

This is a huge benefit for those overseas. Finding a notary overseas is difficult and most American’s overseas would have to go to an American Consulate to obtain a notary seal. Now, they can simply mail over an unsworn declaration and allow the legal matters to proceed.

Many attorneys and lawyers may not know about the law or choose to continue using a notary for their documents. Some have pointed to the importance of guaranteeing a document is legitimate by comparing a notary back to the days of kings and wax seals. Wax was often used to seal documents to prove they were from the king or someone of importance.

Laws and procedures change regularly. If you need a lawyer with knowledge and experience, contact The Goodman Law Firm in Rockwall today. We also offer a free case consultation to help answer any questions you have before hiring us to handle your legal needs.

What is Child Support?

Child support is the legislature’s attempt to provide a financial balance for children who grow up with only one parent. Texas considers “parent” a legal term and it is the legal duty of every parent to provide for their children.

How Much is Child Support?

The amount of child support will vary based on the number of children, the specific needs of those children (special needs/medical needs), the income of the party paying child support (the obligor), and among other things, other children the obligor may have to support. The Courts can (and will) consider most, if not all, income of the obligor – this can include overtime, bonuses, rental income, investment income, etc. Chapter 154 is the operative section of the Texas Family Code that sets forth much of the law involving child support.

Who Pays Child Support?

Child support is typically paid by the parent who does not have primary custody. The parent who is paying the child support is called the Obligor. The person receiving child support is called the Obligee.

Navigating the child support process can be overwhelming for many individuals. The Goodman Law Firm is very experienced in child support and Family Law cases and familiar with Texas requirements for child support. Please contact us today with any questions regarding your child custody situation or complete our form for a FREE case review.

We serve Rockwall and the surrounding counties, including Hunt County, Kaufaman County, Dallas County and Collin County.

The person charged has constitutional protections that should be followed by law enforcement and anyone else involved in the legal process.

The Criminal Defense Attorney helps ensure the rights of the defendant are protected.

In some cases a person is charged with a crime before they are arrested. This means a judge has issued a warrant for the person’s arrest. An officer will then attempt to locate the individual and arrest them. The police officer must provide a copy of the warrant within a reasonable time from the arrest.

After an arrest, the individual will be “booked” at the police department and held in police custody pending a court hearing. Typically the court hearing will be within 48 hours.

Once in court, the judge will read the list of charges against the defendant and the defendant will enter a plea of “not guilty” of “no contest” or of “not guilty”.

Even if a person is guilty of a crime, they can enter a plea of “not guilty” if they believe there is not sufficient evidence to prove their guilt. The defendant should consult with their attorney about what plea to enter and if they should waive their right to a trial by jury.

Some evaluations of the defendant may be performed before going to court. For example if the crime is DWI, typically the court may request the defendant be evaluated for a substance abuse problem. The judge will also make a per-sentencing which is an investigation into any prior criminal history the defendant has.

The defendant is of course found “guilty” or “not guilty” of the crime they have been charged with. If they are “not guilty” they are free to go and released from police custody. If they are found “guilty” a sentencing hearing is held.

At the sentencing hearing the judge will consider all of the criminal evidence in the case and also have the opportunity to listen to accounts from various individuals regarding factors they feel should be considered in the sentencing.

The judge will take everything into consideration and determine a sentence for the crime. More serious crimes have longer jail sentences and sometimes involve fines, restitution for victims, or treatments. For less serious crimes, the defendant may have already served the time needed in jail while they awaited their court hearing. Or they could be ordered to simply pay fines.

Anyone that is charged with a crime should hire a good Criminal Attorney. The Goodman Law Firm serves Rockwall County, Hunt County and Kaufman County. With over 200 bench trials, Michael Goodman has the knowledge and experience to help in any criminal law situation.