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Blog Posts in December, 2014

  • I'm A Grandparent. Do I Have Visitation Rights?

    || 31-Dec-2014

    Sometimes the person best equipped to care for child is not their own parents, but their grandparents. Under federal law, grandparents do not have any legal right to see or visit their grandchildren since the court assumes that parents will act in the best interests of their children. While gaining custody of grandchildren in Texas can be extremely difficult, grandparents can petition the court ...
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  • Help! I've Been Accused of Tax Evasion.

    || 30-Dec-2014

    Tax evasion occurs when you avoid filing your taxes or knowingly include false information with the intent of fraud. Texas does not collect personal income taxes from its residences, so sales tax makes up the primary amount of state revenue. Businesses that do not properly fill out their taxes may be involved in other criminal enterprises and the owners of these businesses can land in prison for ...
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  • How to Report SSDI Fraud

    || 25-Dec-2014

    For those that are unable to work due to a disability or illness, Social Security Disability Insurance (SSDI) is a valuable resource to help prevent individuals from facing undue hardship as a result. When SSDI is being claimed by those that do not truly need it, less is available to help with the bills and medical expenses of those who do. Additionally, anyone taking advantage of the system so ...
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  • What to Expect From a Drug Paraphernalia Charge

    || 24-Dec-2014

    Being charged with a drug crime can occur even if you are not in possession of drugs. In some instances, the mere presence of drug paraphernalia can be enough to convict someone. To law enforcement, paraphernalia indicates that you have possessed an illegal substance, or will possess it in the future. What is considered drug paraphernalia? Drug paraphernalia, under Texas Law, is considered any ...
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  • How to Get What You Need From Divorce

    || 23-Dec-2014

    Divorce can be a very lengthy and time-consuming process. Just when you think you won't be able to take any more, you may find yourself in a position to end the process by giving into terms that are less favorable to you but will end the fighting. While it is natural to seek an end to the divorce as soon as possible, you should be wary of agreeing to a financial or personal situation that you ...
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  • Can I Be Arrested for Not Showing Police My ID?

    || 22-Dec-2014

    It is not out of the ordinary for a police officer to ask someone to provide their name and identification, most often in the form of a government issued ID card. This information may be asked either as part of a criminal investigation or because they need the information to determine if the person they are speaking with has a violent or criminal history. Under the Texas Penal Code, someone can be ...
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  • When Is a Drug Crime a Federal Offense?

    || 19-Dec-2014

    Any crime can either be a state crime or a federal crime. State crimes are any that break a specific state law, while federal crimes are those that break a federal law. When a crime occurs in multiple jurisdictions, such as drug trafficking across borders, it can be charged as a federal crime. Depending on what crime you are accused of, you will be tried in state or federal courts. Federal crimes ...
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  • Will Public Urination Lead to Being Charged As a Sex Offender?

    || 18-Dec-2014

    Maybe you had a little too much to drink and there is not an accessible bathroom in sight. When this occurs, it may be easy to think popping into an alleyway to relieve yourself can cause no harm. However, urinating in public is illegal in every state, and in Texas, you can even be charged as a sex offender for the crime. Urinating in Public Is Seen As Indecent Exposure Urinating in public results ...
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  • Divorcing a Foreign Spouse

    || 17-Dec-2014

    It is common knowledge that one way for someone born outside of the country to gain citizenship is by marrying a United States citizen. There are many marriages based on love, while others are more like a business transaction between two people. With one million foreign nations gaining legal status every year, one fourth of those do so by marrying a citizen or green-card holder. The government ...
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  • Should I Take Deferred Adjudication Instead of Trial?

    || 11-Dec-2014

    Texas law allows for those brought up on trial for drug crimes to remain in the community instead of going to jail or prison through state-deferred adjudication. The length of time the accused will be asked to remain on deferred adjudication depends on the type of crime that was committed. By the end of their term, they will not receive a conviction for the crime. Why Deferred Adjudication is a ...
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  • Can a Hit-and-Run Lead to Criminal Charges?

    || 10-Dec-2014

    If you have been involved in an accident where you have left the scene without stopping, providing identification, or providing any needed assistance, you can be charged with a hit-and-run. No matter the fault of the accident, the goal of these laws is to make sure anyone that needs medical assistance or financial compensation for property damage is able to receive it. If the driver collides with ...
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  • Refinancing a Mortgage Following Divorce

    || 9-Dec-2014

    When you and your spouse are deciding on property division following a divorce, it is likely that your house is not only the largest asset you have, but also the most expensive. Splitting the house is not as simple as one person moving out and leaving the other spouse responsible. There are often a few complicated financial and legal scenarios to maneuver through before one spouse is in full ...
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  • I Suffer From Chronic Fatigue Syndrome. Am I Eligible for SSDI?

    || 8-Dec-2014

    Do I have chronic fatigue syndrome? Chronic fatigue syndrome is defined by the Centers for Disease Control as fatigue that has no onset, is not caused by any physical or mental ailment, is not satisfied no matter how much sleep or rest is taken, and interferes with your ability to perform regular tasks. However, being tired is not enough to warrant a claim. You must also experience a number of ...
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  • Non-Prescription Steroids Are an Illegal Substance

    || 5-Dec-2014

    Every once in a while, a news story will emerge about a top-level athlete using anabolic steroids in order to increase their muscles and perform better in their sport. Anabolic steroids exist for medicinal purposes, making them a prescription drug. Those that are using anabolic steroids under the care and supervision of a medical professional are not doing so illegally. It is when the drug is used ...
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  • Cyberbullying Can Be a Crime

    || 4-Dec-2014

    Cyberbullying occurs anytime someone uses online communications in order to threaten, influence, harass, or belittle someone else. While calling someone names on the internet may seem harmless enough, Texas law treats cyberbullying as a complex and serious crime. How Cyberbullying Can Be a Criminal & Civil Charge Cyberbullying is usually placed in the context of school-aged children, but it ...
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  • What to Avoid in Divorce

    || 3-Dec-2014

    Common Divorce Mistakes Can Prevent Moving Forward There is no one-size-fits all scenario to obtaining a divorce, and every individual case will be extremely different. What may work for one couple won't necessarily work for another. No matter what the specific needs of the couple may be, there are some things that should definitely be avoiding in the divorce process. Whether committed ...
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  • Does Osteoarthritis Count for SSDI Benefits?

    || 2-Dec-2014

    There are many different reasons that someone may find themselves unable to work. If that reason is a long-term disability or illness, then they may qualify for Social Security Disability Insurance (SSDI) benefits from the Social Security Administration. Applying for these benefits can be a lot of work, and their disability must meet strict guidelines. If a person does qualify, they can receive ...
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  • Can I Receive SSDI and Veterans Disability?

    || 1-Dec-2014

    Veterans are eligible to receive both Social Security Disability Insurance (SSDI) and Veteran's Disability at the same time. Since VA disability is not based on income, as SSDI is, VA benefits can be acquired even before applying for SSDI. VA disability only takes into account whether or not the injury occurred in connection with military service. What do I need to know about SSDI and VA ...
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