Frankfurt Law Firm, PLLCFindLaw IM Template2023-02-01T07:12:57Zhttps://www.frankfurtlaw.net/feed/atom/WordPress/wp-content/uploads/sites/1602647/2021/07/cropped-Dispaly-32x32.jpgOn Behalf of Frankfurt Law Firm, PLLChttps://www.frankfurtlaw.net/?p=468822022-04-28T21:39:01Z2022-04-18T18:17:59ZThey must look into the family circumstances
To establish the best interests of a child, a judge needs to have at least a basic understanding of their family circumstances. Their age, health and pre-existing relationship with each parent will influence what a judge believes would be best when splitting parental responsibilities.
A child requires stability and daily structure. They need discipline and emotional support, as well as the resources necessary to make their way through their education and prepare for a family and career. Having two parents engaged in supporting a young adult will often be a better solution for a child whose parents have separated or divorced.
Judges will usually try to split responsibilities between parents unless one fails to ask for parental rights or presents evidence to the courts that shows the other parent could present a risk of harm to the children.
What scenarios might limit one parent's rights?
If you think that your ex is unstable or you believe they will try to keep you away from the children, understanding what circumstances might influence the judge's division of parental responsibilities can help you prepare for court.
If there is evidence that one parent has abused or neglected the children, the courts may limit their parenting time for safety's sake. Documentation of drug abuse, alcoholism and serious health conditions could also influence custody. A parent with a physical or mental health issue that affects their ability to care for the children may ultimately receive less parenting time than someone who has no history of substance abuse or health issues that limit their parenting ability.
A parent making undocumented accusations or denying the other parent access could find their own parenting rights minimized, as the hostility and lack of co-parenting support are not in the best interests of the children.
Learning more about how the courts view custody matters can help you assert your rights as a Texas parent.]]>On Behalf of Frankfurt Law Firm, PLLChttps://www.frankfurtlaw.net/?p=468802022-03-17T18:03:10Z2022-03-17T18:03:10ZThey will ask you specific questions
The police officer who pulled you over will want to know where you are going and what you were doing before. They may also inquire about whether you have had anything to drink. If you answer affirmatively, they will then want details about how much you have had to drink.
Even if you tell them honestly that you have only had one or two beers, they will likely be suspicious and at that point, they will ask you to exit the vehicle. If you deny having anything to drink but they know what they think are signs of alcohol in your behavior, they will likely ask you to exit the vehicle then as well.
They will ask you to perform field sobriety tests
There is plenty of medical science looking into how alcohol affects the human body. Police officers have training about those bodily responses to chemical intoxicants. They use this information by having you perform certain standardized field sobriety tests.
Having you walk in a straight line and then turn and walk back, balance on one foot and follow their finger with your eyes can help them screen for signs that someone has likely consumed an intoxicating amount of alcohol. Performance on someone's field sobriety test may give that officer the probable cause they need to ask a driver to perform a chemical test.
They will collect chemical evidence
When your words or behavior make an officer believe that you've had too much to drink, they may have probable cause to request a chemical breath test. Depending on how you perform on that test, they may arrest you right there on the side of the road. The information gathered from your conversation, the field sobriety test and the chemical breath test will all become evidence in the criminal case against you.
Learning about how the state gathers evidence of a DWI offense can prepare you to fight back against those charges.]]>On Behalf of Frankfurt Law Firm, PLLChttps://www.frankfurtlaw.net/?p=468782022-02-11T23:04:25Z2022-02-11T23:04:25ZHow can you help prevent a DWI from your medical condition?
With any medical concern that could lead to impaired driving, you need to take steps to keep the symptoms under control. For example, if you have auto-brewery syndrome, you need to avoid a carbohydrate-rich diet and should take medications, like anti-fungal drugs, on time.
If you have diabetes, you should closely monitor your blood sugars and be certain that you don’t let them get too high or low. Before you get into your vehicle to drive, you should know what your sugar levels are and be prepared to eat a snack or take insulin to balance it when necessary.
If your condition does cause impairment and you’re stopped, it’s a good idea to wear a medical alert bracelet or to carry medical information or alerts with you in another way. For example, you may have a medical alert card in your wallet or handbag. You might wear a medical alert bracelet or keep your medical devices nearby, so the officer can see them if there is an issue.
If you’re able to say so, you can also tell an officer who has stopped you that you’re having a medical emergency. They may call an ambulance to the scene, and then you’ll be able to receive medical care before going on to deal with the traffic stop and any citations or charges that may come from it.
DWI stops aren’t always straightforward
Officers should be aware that not all people who appear impaired are impaired by drugs or alcohol. With the right preparation on your side, you can help them see when you need medical assistance rather than to be arrested.]]>On Behalf of Frankfurt Law Firm, PLLChttps://www.frankfurtlaw.net/?p=468762022-01-13T18:01:46Z2022-01-13T18:01:46Zeyewitnesses are wrong consistently, and that they often give testimonies that are inaccurate and that contribute to these false convictions. DNA can clear some of these convictions after the fact, but not all of them. Why is it that witnesses are wrong?
Memories can change
For one thing, your memories do change over time. This has been shown to happen with recall. That suggests that simply thinking about what happened or discussing it with someone else could make you remember it differently. A witness may think that they accurately remember exactly what happened, and so they will take the stand and sound exceedingly confident, but they're really giving an account that they've created themselves, not a rendering of what happened.
Witnesses may be biased
There's a reason that it's best for a jury not to engage with the news regarding a case that they're involved in, but witnesses can also be influenced by outside factors. They may see the way that the news is being spun and then accidentally alter their account to fit this. They could also be biased based on things like the age, race or gender of the alleged perpetrator. They may not even understand that they hold these biases, but they can make them more skeptical of these individuals and may make them testify against them.
Most witnesses didn't plan to witness anything
Finally, the standard eyewitness is not somebody who ever thought they were going to see criminal activity. This means that they are often unprepared for it, they don't have good sightlines, they feel like things are happening quickly and they may be nervous for their own safety. All of that means that their memories can be tainted or that they may miss key details.
If you are going to court and there is a witness testifying against you, it's important to know that this person may be wrong and to understand your legal options.
]]>On Behalf of Frankfurt Law Firm, PLLChttps://www.frankfurtlaw.net/?p=468742021-12-09T20:42:26Z2021-12-09T20:42:26Z
Having the final say in what happens
Do you own a business, a house or a retirement investment account? If you have substantial assets that you have strong feelings about or big plans for, you may want specific solutions for property division. You may also have strong feelings about certain custody matters.
When you collaborate with your ex, you have the ultimate decision-making authority. Rather than waiting for a judge to decide what happens, you get to set the terms based on what matters most to each of you.
Collaboration protects your privacy
Is there anything more embarrassing than needing to expose all of the misconduct from your marriage in open court? Anyone from your neighbors to your children could ultimately hear about what either you or your ex stay in divorce proceedings.
While addressing certain matters may be important to reaching an appropriate solution in a divorce, you don't have to do air your dirty laundry in court. Collaborative divorce gives you the opportunity to talk about certain matters while keeping them confidential rather than making them part of court proceedings.
Collaborative law can lead to a faster resolution
As previously mentioned, litigated divorces can take months or more than a year to resolve. The more a couple fights in court, the longer the process will take.
A collaborative approach to divorce will mean that you can file for uncontested proceedings. You won't need to present evidence to a judge or ask them to contemplate your family's circumstances. Instead, they will just need to review and proof your property division settlement and parenting plan.
Understanding the basics of collaborative divorce can lead to an easier and less stressful dissolution process.]]>On Behalf of Frankfurt Law Firm, PLLChttps://www.frankfurtlaw.net/?p=468722021-11-09T19:19:41Z2021-11-09T19:19:41ZTexas has a broad definition of assault
As many people assume, assault charges in Texas do sometimes stem from an act of violence that leaves someone else injured. Any kind of intentional physical contact that causes injury to another person meets one of the standard definitions of assault under Texas criminal law.
However, there are other actions that also constitute assault under Texas code. Putting someone in a state of fear for their immediate physical safety is also a form of assault. If you brandish a weapon, make a verbal threat or pull an arm back as though you intend to punch someone, the fear that causes in the other person could lead to assault charges.
Finally, it is possible for you to face assault charges because you initiated offensive physical contact with another person. Any kind of physical contact intended to insult or demean the other party could constitute assault and lead to criminal charges against you.
How do people defend against assault charges?
There are numerous ways that you can push back against allegations that you injured, threatened or insulted another person.
You might use an alibi to show that your arrest was an issue of mistaken identity. You might provide witness testimony or video evidence that shows you acted only to defend yourself or someone else. You could also show that the other party initiated the confrontation by becoming physical first.
There are numerous means for fighting back against pending assault charges in Texas, depending on the evidence against you.]]>On Behalf of Frankfurt Law Firm, PLLChttps://www.frankfurtlaw.net/?p=468702021-10-08T19:34:42Z2021-10-08T19:34:42ZDriving while intoxicated is against the law, but you can only be convicted if it can be proven that you were impaired at the time of the traffic stop.
Your metabolism could play a role in helping you avoid a DWI conviction. How? By being able to calculate how fast an average drink will metabolize in your body, you can prove or disprove that you were impaired at a certain time.
How quickly does alcohol metabolize?
The length of time that alcohol will stay in your body will depend on your weight, health and other factors. On average, though, your liver is able to metabolize around one standard drink per hour (if you are male).
How can that help your case? Think about how much you’ve had to drink. If you have had three drinks and blow .08% during the traffic stop, you could face an arrest and conviction for those findings. On the other hand, if you refuse the test and it takes a few hours to get a blood test ordered, the blood test may not show that you have any alcohol left in your system. It would then be difficult to prove that you had anything in your system at the time of the arrest.
Similarly, if the blood test comes back showing you’re at .04%, you could calculate backward and find that you were likely well over .08% at the time of the arrest. So, knowing your metabolism can help you decide if you should take a breath test and what the results are likely to be.
On top of this, you have to remember that alcohol doesn’t affect everyone right away. You could be driving feeling completely sober since alcohol doesn’t usually cause effects until 15 to 45 minutes have passed. Showing that you weren’t impaired could be paramount to having the case dismissed.
These are a few things to keep in mind as you think about defending against a DWI. Understanding the body’s metabolism and how alcohol can affect you may help you fight back.]]>On Behalf of Frankfurt Law Firm, PLLChttps://www.frankfurtlaw.net/?p=468682021-09-09T22:52:52Z2021-09-09T22:52:52Zstudies have indicated that the majority of married people do think about divorce. So, statistically speaking, it’s likely that your spouse has already considered it, at least in passing. It’s very common, even with people who ultimately stay together.
Now, how can you know if your spouse is actively considering it? It’s important to look for common signs. Though nothing is a perfect indicator, if you see some of these signs, it could mean divorce will happen soon.
Your spouse won’t work to fix issues and won’t even argue
Couples who used to have a lot of conflict may get used to it. When that conflict ends, you think things are getting better. The truth could be that your spouse has given up arguing and trying to fix the marriage because they are just going to leave it.
You tend to disagree on serious things, like money
Remember that many divorce cases revolve around money. Financial stress leads to the split. If your spouse starts becoming angry about how you use money or using it without talking to you -- knowing you won’t approve -- that could mean you’re getting closer to a split.
Your relationship just isn’t the same
This is a bit harder to pin down, but you’ll know it when you see it. Maybe you spend less time together and more time at work or with friends. Maybe you still sleep in the same bed, but you’re never intimate. Perhaps you just don’t enjoy spending time together and you can tell your spouse is always preoccupied on the phone or thinking about being elsewhere.
What if you do get divorced?
So, what if all of this does lead to a divorce? It can be complicated, and it can really define your future. Make sure you know what legal steps you’ll need to take.]]>On Behalf of Frankfurt Law Firm, PLLChttps://www.frankfurtlaw.net/?p=468592021-08-04T21:16:52Z2021-08-04T21:16:52Zclass B misdemeanor offense. With some exceptions, those who commit this crime can be held by the police for up to 72 hours.
Can you get a BWI on a canoe?
When you’re on a boat that does not have a motor, such as a canoe or kayak, you can avoid a BWI. BWIs in Texas apply to cases involving watercraft that are propelled by motors or anything other than the current.
What are the penalties for boating while intoxicated?
If you are stopped for boating while intoxicated, you could face some significant penalties. This is a class B misdemeanor, so that in itself could impact your life negatively. Sometimes, employers terminate employees convicted of crimes, or you could have your license suspended. Yes, even though you’re on the water, your driver’s license can still be at risk.
Fines may be up to $2,000, and you could spend three days (72 hours) or longer in jail. If you hurt or killed another person while intoxicated, then you could face more significant penalties.
For the most part, the laws that apply to a DWI are the same as those that apply to a BWI. You will still face harsh financial penalties and face time in jail. You could lose your license and have your job or career threatened. If you’re in school, your scholarships or financial aid could be at risk, or you may be suspended or expelled.
While boaters can drink on the water, the driver cannot. If you are boating while intoxicated and get caught, you could face serious repercussions. It’s a smart choice to learn more about your legal rights and how you can defend yourself if you are at risk of getting a BWI conviction. A strong defense can help your case and may help you minimize any penalties you could face.]]>On Behalf of Frankfurt Law Firm, PLLChttps://www.frankfurtlaw.net/?p=467632021-07-19T09:39:38Z2021-07-07T18:44:46ZDo all murder trials have the risk of capital punishment?
No, not all. To face capital punishment, the prosecution has to show that the defendant committed an offense that involved a police officer or peace officer on duty or intentionally murdered someone while committing a burglary, kidnapping, arson or one of several other criminal offenses. Assassinating someone for hire is also a capital offense. It’s also possible to face capital charges if a murder takes place while fleeing a penal institution or while housed in a penal institution.
There are many other scenarios that may lead to a capital murder trial, so it’s important to be clear if your case will rise to that degree.
Is Texas’s death penalty unique?
It’s fairly rare, but not necessarily unique. Many states have the death penalty option for certain murder cases. However, Texas is one of only two states that have continued executions in 2021. Many other states have placed a hold on executions temporarily.
Death sentences are on the decline, which is good news if that is a potential punishment in your case. The jury and judge still have the ability to sentence someone who murdered another person differently, such as by sentencing them to life in prison without the opportunity for parole.
Fortunately, many cases don’t have the risk of the death penalty. Regardless of the severity of a crime you’ve been accused of, remember that your defense does matter. You should fight for your rights and to protect yourself against serious punishments, like long-term prison sentences or the death penalty.]]>