“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.

Father Child Custody Cases in Texas

Posted on | November 8, 2011 | No Comments

Although Texas family law does not have a preference in custody awards of minor children, the fact is more mothers than fathers end up being the custodial parent.

No one wants to engage in a custody battle, but, it is a better alternative than being cut out of your child’s life. Custody is often the most contentious issue in a divorce because each parent believes themselves to be the better parent. However, custody is based on what is best for your children and the courts have long-held that a good and loving relationship with each parent is best for a child except under the most extreme circumstances.

The good news for fathers who want to play an active role in their children’s’ lives is that joint custody has become more common place. In fact, most family courts prefer divorcing couples to work out joint custody arrangements.

However, you still may be facing an ex spouse who wants sole custody. If so, then you must be prepared to show the court that you want an active role in your child’s life and are a good and loving parent. A few simple steps you can take to reinforce your participation in your child’s life include:

• Keeping a log of your involvement with your child such as :
o Extracurricular activities
o Doctor appointments
o School events
o PTA meetings
o Parent/teacher conferences
• Making prompt support payments
• Keeping and maintaining agreed upon visitation
• Obeying any temporary orders issued by the court

However, your Texas child custody attorney should be prepared to take your case to trial if necessary, in order to protect your rights—and the rights of your child to have his or her father in their life.

An experienced Texas child custody lawyer protects fathers’ rights

Custody battles can be very difficult but you should never attempt to use support or other coercive methods to leverage custody. To discuss the legal options in your child custody matter, contact us online or call (972) 562-0266 to schedule an appointment.

Texas Child Custody Mediation

Posted on | October 24, 2011 | No Comments

One of the most difficult issues to resolve in a Texas divorce is child custody. Divorcing spouses often dispute who is the better parent, which can lead to using their children as weapons or bargaining chips. Since the standard used by the Texas family courts in determining child custody is the best interest of your child it serves no one to engage in protracted battles over custody. Using mediation, the use of a third party to assist two parties in reaching an agreement, to develop a child custody plan can help you find solutions to your child custody disputes and save you time, money, and emotional stress.

Before you begin child custody mediation you should get advice from an experienced Texas child custody attorney. Questions that you should ask your attorney about child custody mediation include:

• What documents will I need for the mediation?
• Can you give me legal advice throughout the mediation process?
• What happens if I cannot reach an agreement with my ex spouse?
• If I want to make changes later on, will I be able to?

Although the family court may order mediation in child custody disputes, typically it is a voluntary process—and the basic steps in mediation are:

• Initial meeting with the mediator
• Identifying and prioritizing the issues
• Resolving the issues with a reciprocal attitude
• Preparing your child custody agreement

Discuss your child custody matter with a Texas child custody attorney

It is important to carefully review your agreement to ensure it accurately states what you agreed to in the custody arrangement. And you should have your attorney review the document before it is submitted to the court. To discuss child custody mediation, contact us online or call (972) 562-0266 to speak to a Texas child custody attorney today.

Texas Temporary Child Custody

Posted on | October 10, 2011 | No Comments

At the beginning of a divorce it is not unusual for temporary child custody orders to be issued. When possible, it is best for all concerned that parents reach an agreement on child custody which can help to avoid high litigation costs and the emotional toll that a custody battle can inflict. However, parents who cannot agree on child custody matters will have the matter decided by a judge in the Texas family courts.

The goal of temporary custody is to establish stability for the minor children of the marriage during the divorce process. When both parents want physical custody of the children, the court will consider each parent’s circumstance from the view of what is in the children’s best interest. And parents may also have concerns that temporary custody adjudication can resolve such as:

• Protecting their rights in custody, visitation, and support matters
• Need for support due to loss of income
• Potential for being denied visitation
• The use of visitation as a negotiation tool by the custodial parent
• Having the children returned by the non-custodial parent after visitation
• The non-custodial parent removing the children from the state
• Refusal to pay or inadequate payment of child support

However, parents should understand that temporary child custody orders often become permanent. And obtaining a modification of a child custody order can take enormous amounts of time and money. Therefore, you should work with an experienced Texas child custody attorney to help you negotiate an agreement that you can live with should it become permanent.

Talk to a McKinney, Texas child custody attorney today

The best interest of your children is the standard the court uses in determining child custody awards and there are many factors the court considers to reach a decision. To talk to an experienced child custody attorney contact us online or call (972) 562-0266 to schedule a consultation.

Sometimes even a lawyer needs a lawyer

Posted on | September 26, 2011 | No Comments

Anyone who has watched a legal drama is familiar with the scene in which the dedicated attorney gets thrown in jail for contempt because she advocated for her client too passionately. While many may believe that this scenario is a vehicle for creating dramatic effect, the fact is sometimes attorneys do get put in jail for contempt. And that is what happened to attorney Sharon Easley of Plano, Texas.

During a hearing in a contentious divorce case, Ms. Easley became agitated about the fate of her client’s two children. In her attempts to protect her client’s rights and to protect the two minor children from further trauma she lost sight of proper procedure and let her passion for justice get the better of her.

Her attorney Mitch Nolte, of the McKinney, TX firm, Gibbs, Nolte Robison, Rose, PLLC said: “Sharon deeply regrets the whole situation. She has always been known as a very passionate lawyer who gets emotional about her cases. And in family law, that’s very easy to do. And this time, she certainly let her emotions get the better of her.” Nolte also said that Ms. Easley publicly apologized to everyone involved.

According to the Dallas Morning News Ms.Easley was placed in a holding cell for four hours on the day of the hearing and her law partner took her place at the custody hearing in which all issues were resolved. Ms. Easley was initially sentenced to 30 days in jail but after a public apology during the contempt hearing, her sentence was reduced to 15 days

We passionately represent your case

Lawyers are people just like anyone else and sometimes need help in the justice system. If you have a legal problem email Gibbs, Nolte Robison, Rose, PLLC or call (972) 562-0266 to schedule a consultation. We passionately represent your case and ensure your rights are protected.

Out of State Child Custody Laws

Posted on | September 12, 2011 | No Comments

In child custody cases, the goal of the Texas family court is to ensure children have frequent and continuing contact with each parent. For this reason, residency restrictions are often imposed which prevent a parent from moving out of the state with the child. If you wish to move from Texas to another state with your child, you must get permission from the court.

Typically you must offer a compelling reason for the court to remove the residency restriction such as:

* A new job

* To be closer to family members

* Better educational opportunities for your child

* Better quality of life for your child

If you do move with your child to another state, there may be residency requirements you must fulfill before you can file for custody in that state—usually six months. If a prior custody order exists, you may have to file future custody issues in the court that issued the order.

When more than one state is involved, both the out of state custody laws and federal laws may determine which court you file your case in. In such a scenario, a child custody case can quickly become complex and it is important to have a skilled child custody attorney on your side.

If you want to get temporary emergency custody in the new state again out of state custody laws may apply —although most states follow the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA enables you to file for temporary emergency custody if:

* Your child is in the state

* Your child has been abandoned

* Your child needs emergency protection from mistreatment or abuse

Talk to a Texas child custody attorney

Relocating with your child can complicate custody issues and requires the skill of a seasoned child custody attorney. Contact Gibbs, Nolte, Robison, Rose, PLLC online or call (972) 562-0266 today to discuss your child custody matter.

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