Defendant Gets Reduced Sentence in Fatal Beating Case

Posted on | May 3, 2012 | No Comments

Attorney Mitchell Nolte, of Gibbs, Nolte Robison Rose, PLLC, convinced a Texas court to sentence Ethan Dorris to six years in prison for his role in the fatal beating of Jonathan Bird, of Wylie, in 2009. Dorris pleaded guilty to manslaughter charges in early 2012. Prosecutors had sought a 15 year prison term for Dorris, now 19, who admitted his role in the events that led to Bird’s death. Dorris, who has been incarcerated since his arrest in late 2009, is automatically eligible for parole, and will get credit for the time he has already served.

In arguing for a reduced sentence, attorney Nolte told the court that Ethan Dorris did not go to Bird’s home with the intent to participate in a fight or to harm Bird, but to oversee his younger brother Seth, who is bipolar, and had a history of getting involved in fights and others types of trouble with the law. Nolte said that the sentence was appropriate, given Ethan Dorris’ level of involvement in the altercation that resulted in Bird’s death.

According to court testimony, the incident began when one of Dorris’ friends, Travis Harmon, squealed his tires in front of Bird’s home. Bird and Harmon had words, Harmon left and returned with Seth Dorris. Bird had a heated conversation with both teens, threw food at Harmon, and threw a punch at Dorris through an open truck window. Harmon and Dorris left and went to get three others, including Ethan Dorris.

When they returned, a fight began, with Seth Dorris throwing the first punch. Ethan Dorris then kneed Bird in the chest and held him while the other four teens beat him.

All five teens were arrested and charged in relation to Bird’s death. Two of the defendants, Seth Dorris and Austin Brumley, each received a sentence of 20 or more years in prison. Travis Harmon received a six month sentence for instigating the fight, and then must serve a 10 year deferred sentence. A fifth defendant, Sandi Matijevic, pled guilty to a juvenile charge of aggravated assault, spent about 18 months in detention, and is now serving probation.

Contact Gibbs Nolte Robison Rose, PLLC

For aggressive defense in criminal matters, contact Gibbs, Nolte Robison Rose, PLLC online or call 972-562-0266 for additional information.

Damage Claims for Road Construction Accidents

Posted on | March 23, 2012 | No Comments

Legal Advice for Injured Highway or Road Construction Workers

At the North Texas law firm of Gibbs Nolte Robison Rose, our attorneys investigate and prove damage claims for injuries suffered on road construction projects and other infrastructure jobs. For a free consultation with a knowledgeable lawyer, contact us online or call (972) 562-0266.

Road construction is inherently dangerous work. The heavy equipment and materials used in highway improvements can be hazardous if not handled properly, and the construction zones are very often close to traffic lanes. The use of cone markers, flagmen and other safety precautions is not always effective to prevent accidents on highway construction or repair projects. When a road crew member gets hurt, it is not always easy to tell just who was primarily responsible for the accident.

Collin County Law Firm for Highway Construction Accident Claims

The trial lawyers of Gibbs Nolte Robison Rose are experienced with the investigation and proof of complex negligence claims, and our goal is to help clients recover the maximum compensation available under the facts and law of a given case. Our experience with construction accident litigation helps us examine and consider the different factors that contributed to the dangerous conditions.

Because the various defendants involved in highway construction accident litigation will usually blame one another and the victim for the injuries, our familiarity with the issues involved in a road repair or maintenance accident claim represents a major advantage for the injured party.

Construction workers often assume that the lost wages and medical coverage available through Texas workers’ compensation is the beginning and end of their financial recovery. In a road construction case, however, the negligence of a driver passing through, a subcontractor, a project engineer or another party can significantly expand your options for financial recovery. In many cases, you will be able to pursue your workers’ comp rights while also seeking civil damages for negligence against a defendant who is unrelated to your employer.

Free Consultation for Road Construction Injury Claims: Call 972-562-0266

If you were injured on a road repair or construction project, or if you got hurt while working on a sewer, water, pipeline or cable installation job, our personal injury lawyers can advise you of your rights and help you recover the damages you deserve. For a free consultation about your legal options, contact Gibbs Nolte Robison Rose in McKinney. You can find out more about our law firm and our approach to client service by visiting http://www.mckinneylaw.com.

Cohabitation Laws in Texas

Posted on | February 27, 2012 | No Comments

Texas family law allows for informal marriage. So that in Texas if a man and woman live together, agree they are married and hold themselves out to the community as married, the state recognizes that marriage. And a common law marriage is just as valid in Texas as is a marriage performed by religious clergy or a judge. However, when couples live together an assumption of common law marriage is created and if the couple separates one of the parties may allege a common law marriage relationship. If such an allegation is made by one of the parties, then an action similar to divorce ensues. Parties who only believed themselves to be cohabiting can find themselves on the wrong end of a divorce suit and discover their property has been classified as community property.

When a couple in Texas decides to live together it is wise to draw up a cohabitation agreement. A cohabitation agreement establishes the rights, responsibilities, and liabilities of each party to any jointly-owned property. Having such an agreement also protects both parties by stipulating how any legal disputes are to be handled should the couple end their relationship.

If there is no cohabitation agreement in place you may end up in civil court, over legal disputes about assets, personal property, and real estate. Although if there are minor children involved, paternity, custody and support issues are referred to family court.

Talk to an experienced Texas family law attorney

Relationships are often complex and an experienced Texas family law attorney can help you establish co-habitation agreements, custody and property issues in your domestic relationship. If you need a co-habitation agreement or need help resolving legal issues in a domestic relationship, contact us today online or call (972) 562-0266 to learn how we can help you.

Post – Divorce Attorney in McKinney, Texas

Posted on | February 14, 2012 | No Comments

In Texas, the only way to legally change the terms of a divorce settlement is through a court-approved, post-divorce modification. Divorced couples often make the mistake of making verbal agreements to change the settlement terms without formalizing those changes with the court. Verbal agreements are not in fact enforceable and you can be held in contempt if you violate an existing court order regardless of any agreements made between you and your ex spouse. In fact, you may find yourself in jail and facing some pretty stiff fines.

If you wish to make changes in your current divorce settlement you must petition the court for approval of those changes. Even if your ex spouse opposes the modification you still have a right to petition the court and the court will consider the facts presented and make its decision.

An experienced Texas post – divorce attorney can represent you in post – divorce modifications involving:

• Child custody
• Visitation
• Child support
• Spousal support

However, to petition the court for a post – divorce modification you must show a substantial change of circumstances. Such circumstances may include:

• Job loss
• Serious injury or illness
• Substantial change in income
• Change of residence of a parent
• Incidence of abuse or other child endangerment factors
• The remarriage of one of the parents

Contact a skilled Texas post-divorce modification attorney today

Contrary to what many may believe a divorce settlement is not carved in stone and particular circumstances can warrant a modification of a court order. If you need help in obtaining a post – divorce modification, or want to request a change of custody or support, contact us today online or call (972) 562-0266 to learn how we can help you.

Protecting Your Business in a Texas Divorce

Posted on | January 30, 2012 | No Comments

If you happen to own a business and are going through a divorce in Texas the process of property division can become very complicated. If the business falls under the category of community property under Texas family law, the business must be valued to determine its worth to the marital estate. In which case you need an experienced Texas divorce attorney who can refer you to a professional business valuator to establish the value of your company. A business’s worth is determined using many factors including:

• The debts and assets of the business
• Any properties owned by the business
• Customer lists
• The revenue generated by the business

If your business was started during the marriage using joint funds, Texas considers it community property and its assets are divided between spouses in a divorce action. Even if you started the business prior to the marriage if your company was expanded using joint funds or increased in value because of your spouse’s participation, the assets of the business may still be subject to community property rules.

An experienced Texas property division attorney can advise you of the options available in your circumstances including:

• Selling the business and dividing the profits
• Offsetting your spouse’s portion with other marital assets
• Keeping the business and buying out your spouse’s interest
• Maintaining the business and working together

Contact a McKinney property division attorney today

There are many ways to protect your business during a divorce and naturally retaining an experienced attorney should be at the top of your list. Issues of property division can be complex and require professional assistance to work out a fair distribution of assets and debts while still ensuring your rights are protected. Contact us today online or call (972) 562-0266 to discuss solutions to your marital property division matter.

“No Refusal” Weekends, McKinney Defense Attorney

Posted on | January 16, 2012 | No Comments

A No Refusal Weekend is essentially when the police have a judge on call to issue search warrants for blood tests when a driver suspected of drunk driving refuses a breathalyzer test. However, in order to issue a search warrant, he or she must have probable cause under the Fourth Amendment of the U.S. Constitution.

Unfortunately, many citizens believe that no – refusal weekends require them to submit to tests which by law they have the right to refuse. The only difference between a no – refusal weekend and any other weekend is that the police have an internal policy of getting search warrants to take the blood tests of anyone refusing to take a breathalyzer test.

While Texas is said to lead the nation in drunk driving deaths, criminal defense attorneys believe that no-refusal weekends may extend DWI cases as opposed to inducing expedited plea bargains and increased convictions. Because of the one-size-fits-all approach of no – refusal weekend warrants, criminal attorneys representing DWI cases are more likely to challenge the search warrants with motions to suppress breath and blood draws because of the involuntary submission to the tests. Further, the ACLU has raised questions not only about the validity of such blanket search warrants but also about medical privacy issues.

While reducing fatalities resulting from drunk driving is a desirable goal, violating the Constitutional rights of our citizens is not the proper approach to take. It is important for law enforcement to protect society from public dangers; however in our constitutional republic we must respect the rights of the individual as well.

We defend your right to refuse

A DWI conviction can have serious consequences and if you were arrested based on a denial of your right to refuse you should talk to an experienced McKinney defense attorney immediately. If you have been charged with DWI because you refused testing, contact us today online or call (972) 562-0266 to schedule a consultation.

What to Expect on a Second Offense DWI in Texas

Posted on | January 2, 2012 | No Comments

Texas is one of the toughest states when it comes to punishing drunk drivers. And the penalties for a DWI conviction become even tougher on a second offense which can include:

• 30 days to one year in jail
• Fines up to $4,000
• License suspension from 180 days up to two years
• Participation in Repeat Offender Program at DWI School
• Possible probation
• Community service

If the police suspect you are intoxicated while driving they can stop you. If you smell of alcohol, have bloodshot eyes, slur your speech, or fail a field sobriety test, the police officer has cause to arrest you for DWI. However, a police officer cannot stop you without probable cause. Behavior that would typically be considered probable cause can include:

• Weaving across lanes
• Drifting off the road
• Speeding up and slowing down
• Other erratic behavior

Texas DWI laws define impairment as a blood alcohol level of .08 or higher or not having the normal use of mental or physical faculties as a result of drug use.

Even after you have served your sentence, your DWI conviction remains on your driving record. With a DWI conviction on your record you may be denied employment in certain occupations and your insurance premiums will certainly increase. In fact, when your insurer learns of your DWI conviction you may have your policy cancelled or refused for renewal.

Get help from an experienced Texas DWI attorney

The good news is that just because you are charged with a 2nd offense DWI does not mean you will be convicted. A skillful Texas DWI attorney can develop an effective strategy to fight DWI charges—from constitutional rights violations to challenging test results. To talk to one of our experienced DWI attorneys contact us today online or call (972) 562-0266 to schedule a consultation.

Juvenile Drug Charges in Texas

Posted on | December 19, 2011 | No Comments

Intent to sell, intent to deliver prescription drugs

Parents who are called to court to answer for criminal charges against their children often have no idea what to do. Some parents may not even realize they need to speak to an experienced Texas juvenile criminal defense attorney immediately. Court employees, probation officers and even prosecutors may tell parents that an attorney is unnecessary. However, there is no such thing as a minor criminal case and it is critical that your child be well represented in juvenile court.

Due to the rise of prescription drug abuse among adolescents, juvenile drug charges are a big concern in Texas. And for a minor facing intent to sell/intent to deliver drug charges, the consequences at minimum could be:

• Probation
• Mandatory attendance of drug-counseling classes
• Removal from the family home and placement in foster care/juvenile facility

If your child is charged with juvenile drug charges a number of phases will take place which may include a fitness hearing used to determine whether he or she shall be tried as an adult.

In fact, in recent years, juvenile prosecution has grown tremendously and the state of Texas has demonstrated a greater willingness to certify juveniles as adults rather than prosecute them in the juvenile courts. By certifying juveniles as adults the state gives up on the purpose of juvenile court—which is the hope that young people can be rehabilitated. The intent of adult criminal court is simply to punish the offender for his or her illegal acts.

Let our experience protect your child’s right

As a parent you are naturally concerned with your child’s future. When he or she gets into trouble with the law, it is important to speak to a skilled Texas juvenile defense attorney immediately. To protect your child’s rights and his or her future, contact us online or call (972) 562-0266 to learn how we can help your family.

Child Visitation Rights in Texas

Posted on | December 6, 2011 | No Comments

Working out the terms of child visitation can be stressful for both the parents and the children. In joint custody arrangements the rules that apply are more focused on equal participation than equal time with the minor children. The family court’s concern, however, is your child’s best interest and the judge uses that as the standard in determining custody and visitation matters.

Even when the parents have reached agreements and developed a good co – parenting plan there can be conflicts. And common visitation problems that can arise include:

• The late return of children after a visitation
• Activities scheduled that conflict with visitation time periods
• Denial of visitation when support payments are late or withheld
• Withholding support payments to leverage more visitation time

And sometimes despite the best efforts of the parents and the court, custody arrangements may need modification to resolve new conflicts and issues that arise unexpectedly. Typically, to obtain a child custody modification you must show the Texas family court that a substantial change of circumstances has occurred, such as:

• A significant change in income or employment
• A serious illness and/or high medical expenses
• Special education needs
• The relocation of the custodial parent

Although working out child custody and visitation matters can be difficult, parents should approach it in a patient and civilized manner. Child custody and visitation laws are meant to provide for your child’s best interest—and as difficult as it can be to reach agreements with your ex spouse, your children are worth the effort.

Contact a Texas child visitation attorney today

Working with an experienced Texas child visitation attorney can help you to develop workable solutions for your family. To resolve your Texas child visitation matter contact us online or call (972) 562-0266 to talk to one of our attorneys.

Marital Property in Texas

Posted on | November 21, 2011 | No Comments

Under Texas marital law property falls within two categories: Separate property and community property. And although Texas is a community property state the rules on distribution are different than in other states. The court may divide marital property in a manner that the judge considers is fair under the circumstances of the divorce. Circumstances, in which an unequal distribution of marital assets may occur, include:

• A disparity in the earning capacities of the spouses

• Differences in educational background and skills

• Which parent is the primary caregiver of minor children

• Differences in the health and age of the spouses

• Needs of the parties

Separate property versus community property

Separate property is property owned by a spouse prior to marriage and/or gifts or inheritances acquired during the marriage. When the property was acquired is the significant factor, not how it was paid for. For example if a spouse owned a vehicle before the marriage but it was paid off during the marriage it is still considered the separate property of that spouse.

Gifts include items received for Christmas, birthdays, anniversaries or other reasons, regardless of who bestowed the gift. However, gifts given to both spouses would fall under the community property category.

Community property is any property acquired during the marriage by either spouse unless is it a gift or inheritance. Which can include virtually anything. Essentially the court assumes that everything you own at the time of the divorce is community property and so must be divided between the parties. If you want to claim something as separate property you must prove to the court it falls under that category.

Get help from experienced McKinney, Texas marital property attorney

Because marital property issues can be complex you should seek the advice of an experienced Texas property division attorney. To discuss your marital property issues contact us online or call (972) 562-0266 today.

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