Family and Criminal Law Blog

What is the Castle Doctrine and when might it apply in a Texas criminal case?

Texas’ so-called Castle Doctrine has become a topic of interest for people across the country due to the widely followed criminal case against Amber Guyger. Former Dallas police officer Amber Guyger was charged with murder after shooting unarmed Botham Jean in his apartment in 2018. At trial, off-duty police officer Guyger claimed that at the time of the shooting, she believed she was in her own apartment.
Read more . . .

In the State of Texas, burglary is the unlawful entering or remaining in a public or private structure with the intent to commit a felony, theft, or assault inside. To be convicted of burglary, it must be proved beyond a reasonable doubt that there was not only an unlawful entry, but that the defendant also had the intent to commit a felony, theft, or assault once inside the structure.

While some states have a separate criminal charge for burglaries that occur at a home or residence, also referred to as a “burglary of a habitation” or “home invasion,” Texas includes this in a more generalized “burglary” charge. It is classified as a second-degree felony unless the perpetrator of the burglary entered the home with the intention to commit a felony other than felony theft. In this case, the crime would be considered to be a first-degree felony.
Read more . . .

How might divorce in your Golden Years impact your retirement?

Divorce rates nationally are on the decline, with the exception of one group—Americans over the age of 50. Research conducted by the National Center for Family and Marriage Research reveals that the divorce rate among retirees has doubled over the past 20 years. While divorce is life changing for any age group, it can inflict financial ruin for retirees. Retired couples who were prepared for retirement will now find themselves with half the capital that they once had. Given the immense potential repercussions of a so-called gray divorce, it is essential for older Americans who are contemplating divorce to Read more . . .

Is your spouse concealing assets?

Texas law requires that divorcing spouses disclose all relevant information regarding their assets, which includes any financial accounts, retirement assets, property, and the like. Assets that a spouse attempts to purposely conceal or transfer in order for the other spouse to be unable to claim them are called hidden assets. Spouses who suspect their soon to be ex may be concealing assets will need to take action to uncover these assets so that they receive the property to which they are legally entitled. OurRead more . . .

Why might I choose to file for divorce based on a fault ground?

Forty years ago, the first no-fault divorce was granted in California. Prior to this time, couples seeking a divorce were required to list a valid ground for divorce, which often included adultery, abandonment, and cruelty. If one of these grounds did not exist in the marriage, but the spouses nonetheless wanted a divorce, they were forced to fabricate a grounds for divorce. Recognizing a need for more honest and efficient divorces, California, and soon after every state in the union except for New York, adopted a version of no-fault divorce.

Most couples in Texas looking to file for divorce today will file for a no-fault divorce, in which the parties will list that the marriage cannot continue because the spouses can no longer get along in the marriage and there is no chance of reconciliation.
Read more . . .

What is the process to complete a domestic adoption in the state of Texas?

Adoption can be a wonderful process, offering the adopted child a much-needed home while fulfilling the desire of the adopting parents to welcome a new child into their home. If you are considering adoption, one of the first steps in the process will be deciding what type of adoption you wish to pursue. There are three main types of adoption: domestic infant adoption, international adoption, and foster care adoption. Each type of adoption varies in the process, time to completion, and cost. Below, our Read more . . .

How can creating a budget help me survive a divorce?

A divorce will impact nearly every aspect of your life, including your finances. During a divorce, your marital assets will be split and the joint income level you once shared will decrease to a single income. Fortunately, there are some steps you can take that will help you to preserve your assets during and after a divorce. Our Read more . . .

White collar crimes are considered to be sophisticated in nature. They are nonviolent, financial crimes. The phrase “white collar crime” developed around 1939, according to the FBI. It arose because these crimes are usually the kind of crimes that would be committed by a business professional on the job. The category has grown to include other kinds of Read more . . .

Essentially, a prenuptial agreement is a legal contract between two people who are planning to get married. While there are those who have an adverse reaction to the mention of a prenuptial agreement and think of it as, not a preparation for marriage but preparation for divorce, a prenuptial agreement can set and manage expectations for marriage. It can also bring peace of mind to the parties to the agreement knowing that certain assets will be protected in the event of divorce or, should divorce occur, they will already know how certain things will play out.
Read more . . .

How has social media altered relationships across the country?

Social media has significantly altered the ways in which we interact with others.  Those who use social media now have their own set of “friends” online. Users post pictures, share pages, and comment on posts all as a means of getting “likes.”  While some praise social media as allowing them a way of staying in touch with friends and loved ones that may live far away, others question whether social media has harmfully influenced our sense of self-worth and ability to communicate face-to-face with others. 

One aspect of social media that has been largely overlooked is its impact on marriages.

Read more . . .

What Are the Benefits of Going Through Drug Court Instead of a Traditional Courtroom?

Drug crimes can result in lengthy prison sentences, hefty fines, probation, community service, and other harsh penalties. Sadly, many drug offenders find themselves back in jail after serving their time because they violate probation or are arrested on a repeat drug offense. Further, many courts across the nation are brimming with drug offenders, who are typically non-violent and may have substance abuse issues. Recognizing the need to reduce the prison population and recidivism rates, Texas and other states have developed drug courts. These specialty courts deal with nothing but drug offenders, and they can be beneficial to those charged with a drug crime in the state of Texas.
Read more . . .