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Family and Criminal Law Blog
Monday, May 23, 2022
There are some legal terms that are used interchangeably, even though there are distinct differences between them. Two such words are “probation” and “parole.” While you may have some sense as to what these terms mean, it is important to note that they both refer to two distinct legal processes. Let’s sort them out here by discussing their distinctive features.
Is there a Difference Between Probation and Parole?
Probation is court-ordered supervision. Read more . . .
Thursday, May 19, 2022
Among the many things you may be worried about in your pending divorce, asset division is probably a big concern for you. After all, asset division can be highly personal, impacting assets you have acquired over the course of your marriage, as well as highly relevant to your financial well-being. Asset division incident to divorce can be a complicated and confusing process. Read more . . .
Monday, May 16, 2022
Texas, as a community property state, considers most property that was acquired during the marriage to belong to both spouses. Upon divorce, Texas law dictates that community property is subject to equitable distribution. As such, divorcing couples in Texas stand to lose a substantial chunk of their property in divorce proceedings. Read more . . .
Saturday, April 16, 2022
If you are going through a divorce in Texas, there may seem to be endless uncertainties before you. One of your primary concerns may be where you will live and who will get the marital home. The home is, after all, not just one of a couple’s most substantial assets, but also one that can be filled with emotional attachment. Read more . . .
Wednesday, April 13, 2022
The double jeopardy has been popular in movies and television courtroom dramas. A great twist for Hollywood productions, double jeopardy is a foundational legal concept the framers of the U.S. Constitution included in order to protect people from being prosecuted or punished more than once for the same crime. While you may have seen the movie, let’s dive deeper into double jeopardy as a critical legal concept in the American justice system. Read more . . .
Sunday, April 10, 2022
In the legal sense of the word, paternity refers to the legally established father of a child. Under the law, a child’s legal father has certain rights and responsibilities concerning that child. In establishing paternity, a person is declared to be the legal father of the child. Not every child will have a legal father although, of course, they will have one biologically speaking. Legal establishment of paternity can help a child foster a relationship with both parents. Read more . . .
Thursday, March 24, 2022
The government and its agents, whether it be a prosecutor, a law enforcement officer, or someone else, is not without limits on its powers when it comes to the investigating, arresting, or prosecuting of those suspected of engaging in criminal activity. In fact, there are well established boundaries to their authority and violations of said boundaries can be used as a defense against criminal prosecution. The available criminal defenses will, of course, depend on the specific facts and circumstances surrounding a case. Entrapment, for instance is one criminal defense that, while it may be very useful in mounting a successful defense, is very limited in scope.
What is Entrapment?
Entrapment refers to a situation where a law enforcement officer coerces or induces someone else into committing a crime. Read more . . .
Thursday, March 24, 2022
Many struggle with divorce. It marks such a fundamental life shift, a change to the core structure of the family, that uncertainty and other powerful emotions can run high. While divorce can be the best path towards a brighter future, it can still be difficult to go through. Read more . . .
Monday, March 21, 2022
Even in the most amicable of divorces, it is likely that you will, at one time or another, need to go to divorce court. The judge will need to have you in court for a final hearing, at the very least. In less amicable divorces, it is more likely that you will be spending much more time in court as the court works to resolve any outstanding issues incident to divorce between you and your soon-to-be former spouse. Read more . . .
Friday, February 18, 2022
Interacting with law enforcement can be intimidating. While it is important to remain respectful and as compliant as is reasonable, it is also important in interactions with law enforcement to know your rights. You see, the power of law enforcement officials is not without limits. Some of those limits come in the form of an individual’s constitutionally protected rights. The Fourth Amendment of the U. Read more . . .
Tuesday, February 15, 2022
Divorce can be a difficult thing to go through for so many different reasons. The uncertainty of the process in and of itself can be a great source of anxiety. This can be especially true for those divorcing with children. Child custody is, of course, a big issue in divorce proceedings and goes to the very core of a person’s life and family. Should divorcing spouses be unable to reach an agreement regarding child custody arrangements, it will be up to the court to determine such an arrangement and it will be guided in this determination by the best interests of the child standard. Read more . . .
Navarrete & Schwartz, P.C. is located in Midland, Texas and serves the surrounding cities and counties, including: Odessa in Ector County, Andrews County, Martin County, Howard County, Winkler County and Crane County.
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