Criminal Law FAQs:

1.How do I get someone out of jail in Williamson County?

In Williamson County, it is in your best interest to seek the assistance of an attorney because bond companies in most cases will give a discount, of 10% vs. 20% of the bond, if the client is represented by an attorney. In addition, often a Waiver of Magistration is required for a person to get out of jail if the Magistrate has left for the day. I can execute the waiver (explain your rights to you) and arrange for a walkthrough, where the accused can check into jail at their own convenience and be released within a couple of hours of incarceration

2.How do I choose the right lawyer?

The following are things you should consider when deciding which criminal lawyer in to hire:

a. You need to seek a lawyer with experience. Specifically, experience as a Williamson County Criminal Lawyer.
b. Not only should your lawyer be experienced in Williamson County, he should also have a good relationship with the judges and prosecutors in the county.
c. You want a lawyer that can show you his track record.
d. You want a lawyer that will be accessible to you and will keep you informed.
e. You should seek a lawyer who will fight for you like you're his own family

3. How long will it take for my case to be resolved?

MISDEMEANOR: When a person is released from jail on a misdemeanor, they will receive a court date in approximately 2 to 4 weeks . If an attorney is retained before that time, the person will not have to appear at the first date. Generally speaking, a client will then have 1 to 2 announcement settings where the client and his attorney decide what will happen on the case and announce to the court that a plea bargain has been reached or they are ready for trial. This process can take anywhere from 1 to 3 months and even up to 6 months or longer if the case goes to trial. However, it is not uncommon for a case to get dismissed quickly or to reach a plea bargain early in the process which would expedite the case

FELONY: Because a person accused of a crime will often have his or her case presented before a grand jury, Felony cases can take much longer to resolve than misdemeanor cases. While it is certainly possible to resolve the case with the prosecutor prior to indictment, often times a person's case is indicted which only means that a grand jury found that there was sufficient evidence to believe that the person may have committed the offense. After indictment the accused will be formally charged and will receive a court date. From start to finish, Felonies generally take 3 to 6 months and possibly up to a year if it goes to trial.

4. What kind of punishment should I expect for a misdemeanor conviction?

Misdemeanors come in several categories:
Class A Misdemeanors - carry a punishment range of up to a year in jail and up to a $4000 fine. Examples of Class A's are DWI 2nd offense, Assault with Bodily Injury (family violence) and Possession of Marijuana over 4oz Class B Misdemeanors - punishable with up to 180 days in jail and up to a $2000 fine which include Theft under $500 and DWI and Possession of Marijuana under 4oz
Remember that with quality representation, there is always a chance of getting your case dismissed or reduced; furthermore, you should not spend another day in jail

5. Do I even need a lawyer if I just want to go to court and plead guilty and won't that save me time and money?

Anyone accused of a crime can enter into a plea agreement with the judge or prosecutor without an attorney; however, it is usually not in your best interest to do so. First, an attorney can determine if you should even enter into a plea. Second, a skilled attorney can usually get your fines and probation time significantly reduced, thereby saving you time and money

6. How much do your services cost?

The initial consultation is free. During that consultation Mr. Morales will discuss the fee arrangement with you. In most cases, payment plans are available and all major credit cards are accepted.

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Main Menu:

General Family Law
Divorce
Child Custody
Modification of Child Custody and Child Support
Division of Property

•How does an unmarried man protect his rights as a father?
•Can my spouse pursue a divorce if I'm deployed overseas?
•What are your rates and is the initial consutation free?
•What is a temporary restraining order?
•What is alimony?
•What can I do if my spouse doesn't pay the alimony?
•What is an ad litem?
•Can I represent myself?
•What is mediation?

How does an unmarried man protect his rights as a father?
It is presumed that a man who has sexual intercourse with a woman should know that the act can result in a pregnancy. Therefore, in order to protect his rights, a man who is not the presumed biological father, who has not been found by a court order to be the biological father, or who has not signed an acknowledgment of paternity, should register a claim of parentage with the Bureau of Vital Statistics. These forms are found in hospitals, birthing centers, the Harris County Clerk's office and other locations. The registration should occur prior to the child's birth, and may not be filed more than 31 days after the birth of the child. If the registration is not filed, the man must sign an acknowledgment or file a suit to determine parentage.

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Can my spouse pursue a divorce if I'm deployed overseas?
If you are in the military and are deployed overseas, you have a right to ask the court to stop proceedings until you return. If you do not make such a request, however, the proceedings may continue even while you are overseas.

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What are your rates and is the initial consutation free?
Unlike our Criminal Law initial consultation which is free, our Family Law initial consultation is a modest $75.00 fee. For Family Law cases we have an hourly rate which will vary depending upon the circumstances of the case. However, you will find that our rates are very reasonable.

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What is a temporary restraining order?
A temporary restraining order is a court order that sets forth the acts which either one or both parties are prohibited from doing immediately after the petition is filed. Sometimes this order is called a "TRO." A TRO usually prohibits bad acts such as committing family violence, harassment, hiding money from the other spouse, attempting to hide a child of the parties, etc. If the court approves the request for a TRO, it is effective only for a limited amount of time before you must go before the judge at a court hearing and ask that the TRO be put into effect until the divorce is granted. If a person violates a TRO, or any other court order, he or she can be held in contempt of court and punished by a fine and/or a jail sentence.

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What is alimony?
Alimony is a periodic payment of money from one spouse for the support of the other spouse. In Texas, if such support is ordered while a divorce is still pending, it is referred to as "temporary spousal support". If it is agreed upon by the parties as part of the terms of a final court order, it is referred to as "contractual alimony". If it is court-ordered in a divorce decree, it is referred to as "maintenance."

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What can I do if my spouse doesn't pay the alimony?
Depending on the type of alimony, if your spouse doesn't pay the alimony, you may do one or more of the following: (1) ask for a wage-withholding order; (2) sue to enforce the contract if the alimony is contractual; (3) sue for enforcement by contempt of the court's order; or (4) seek a money judgment if the alimony is maintenance ordered by the court.

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What is an ad litem?
An ad litem is a special person appointed by the judge to protect or represent the interests of a person involved in a lawsuit, usually a child or children. The services of an ad litem end when the lawsuit is over.

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Can I represent myself?
You can represent yourself. Such a person is referred to as a "pro se" litigant. A "pro se" litigant must follow the same rules as an attorney, including rules for procedure and evidence.

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What is mediation?
Mediation is a process through which parties to a dispute meet with a neutral person, called a "mediator," to resolve areas of conflict. The parties, their attorneys, if applicable, and the mediator discuss the goals of each party and the reality of each party's position. Mediation is generally required in family law matters.

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Divorce

• How long must I live in Texas before I can get a divorce here?
• Must fault be found against a party for a divorce to be granted?
• How do I begin my divorce suit?
• What if there are children from the marriage?
• How does my spouse receive notification of my petition?
• What happens after my spouse is notified of the filing?
• Can my spouse also ask for a divorce?
• What happens if I reconcile with my spouse?
• How soon can the court grant a divorce?
• How long does it take to get a divorce?
• When am I divorced?
• How long must I wait to get married again?

How long must I live in Texas before I can get a divorce here?
Before filing, one of the spouses must have lived in Texas for at least six (6) months, and in the county where the divorce is filed for at least ninety (90) days. If you are in the military and a resident of Texas, time spent outside of Texas satisfies the residency requirement in Texas for a divorce.

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Must fault be found against a party for a divorce to be granted?
In Texas, no fault must be found in order for a divorce to be granted. However, a divorce may also be granted when one party is found to be at fault in the break-up of the marriage.

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How do I begin my divorce suit?
A petition for divorce must be filed in the district clerk's office and the required fees paid.

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What if there are children from the marriage?
If there are children born, adopted or expected during the marriage, then the suit for divorce must also address matters of custody, visitation and child support. If a wife has given birth to a child or is expecting a child since the time she married, but the child is not or may not be the biological child of her husband, that information must be given to the court as soon as possible. If the wife is pregnant or becomes pregnant while the divorce action is still pending, the parties must wait until the baby is born before the Court can grant a divorce. This is true regardless of whether the husband is the baby's father.

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How does my spouse receive notification of my petition?
Your spouse receives notification of your petition by receiving a copy of the petition from a sheriff, constable or court-approved private process server after you have made the request and paid the required fees. Notification can also be made by certified mailing from the district clerk's office. If the parties agree, the non-filing spouse may, after the petition has been filed, sign and notarize a document called a "Waiver of Citation", which indicates that the non-filing spouse is accepting service of the lawsuit. If your spouse cannot be located, notice can be published in a court-approved newspaper or other court-approved publication.

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What happens after my spouse is notified of the filing?
Once a your spouse has been officially notified, there is a deadline for him or her to file a response to the petition. If the deadline is not met, you may be able to go forward and obtain a divorce by "default".

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Can my spouse also ask for a divorce?
Yes. The Respondent may file his or her own request for divorce in a document usually called a counter-petition for divorce.

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What happens if I reconcile with my spouse?
If you reconcile with your spouse, you may dismiss your divorce proceedings by filing a request for non-suit.

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How soon can the court grant a divorce?
A petition for divorce must be on file with the court for at least sixty (60) days before the court can grant a divorce.

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How long does it take to get a divorce?
If the parties are in agreement, a divorce proceeding can be finalized soon after the sixty-day waiting period is over. If the parties are not in agreement, the time it takes to complete the divorce will depend on the court's schedule and the complexity of the case. From start to finish, the divorce process may go through a number of phases, which might include temporary orders, exchange of financial information, psychological evaluations (in custody cases), alternative dispute resolution, trial, and appeal. A divorce in which the parties are not in agreement on some or all issues will usually take several months and up to eighteen (18) months if a trial is necessary.

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When am I divorced?
You are divorced when all the property- and child-related issues are resolved and the presiding judge signs an order, usually called a Decree of Divorce.

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How long must I wait to marry again?
In most cases, you must wait thirty (30) days, but the court can grant a waiver to permit you to marry sooner.

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Child Custody

•Where will my child live after the divorce?
• What exactly does "custody" mean?
•Will one parent have more control over the children that the other parent?
•Is there an age when a child may decide for himself where he will reside?
•When do I need a court order concerning my children?
•What if I have to move after the order is signed by the judge?
•How much child support will I receive or will I have to pay?
•How will the child support be paid?
•What if the support is not paid?

Where will my child live after the divorce?
More than likely, your child will live the majority of the time with the parent who is given the legal right to decide the child's place of residence.

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What exactly does "custody" mean?
In Texas, "custody" is a term that is used to define the rights each parent will exercise for the benefit of the children, as well as define who will make certain decisions on their behalf.

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Will one parent have more control over the children than the other parent?
Except in extreme circumstances, which must be discussed with an attorney, each party will have certain legal rights as a parent. The legal rights each parent has do not determine the amount of time each parent will have with the child. Some legal rights belong to both parents and apply when the child is with them (such as the right to discipline the child or provide emergency medical care); and some legal rights will be given to only one parent (such as the rights to stay where the child will live and to give consent to non-emergency medical care). In some cases, the court may determine a specific area where the child will live (i.e., a particular county, such as Harris County) or which school the child will attend.

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Is there an age when a child may decide for himself where he will reside?
There is not an age when a child may decide for himself where he will reside. However, at the age of 12, he or she is allowed to sign a document which can be filed with the Court stating his or her desires. This "choice", filed by the child, is not binding and is only one factor the Court considers when deciding with which the parent the child will live.

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When do I need a court order concerning my children?
You should obtain a court order for custody when you are separated but not divorcing, when you are divorcing, or when a paternity or legitimization suit has been filed.

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What if I have to move after the order is signed by the judge?
If the child lives with you under an order restricting the county where the child may live, and you have to move outside that area, you must receive permission from the Court before the child can move with you. If the court has not restricted where the child may live, you may move with the child after giving notice to the other parent.

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How much child support will I receive or will I have to pay?
Child support is set more or less according to a standard formula, but the particular specifics of your case should be discussed with an attorney, as they will affect the actual amount of child support. Generally, however, under Texas law, child support is approximately:
• 20% of net resources* for 1 child
• 25% of net resources* for 2 children
• 30% of net resources* for 3 children
• 35% of net resources* for 4 children
• 40% of net resources* for 5 children
• Not less than 40% for 6 or more children

*Net resources include salary, commissions, overtime, tips, bonuses, dividend income, self-employment income, net rental income, severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, interest income, gifts, prizes, spousal maintenance, and alimony. Net resources vary depending on other factors, including, but not limited to: state and federal income tax, social security, union dues and the cost of the child's health insurance (generally provided by the parent paying the child support). The court will also consider if the person paying support has other children to support, which will usually entitle the person paying the child support to a discount.

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How will the child support be paid?
The child support will be paid either monthly or semi-monthly. In most cases, the child support is deducted from the salary of the person paying support.

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What if the support is not paid?
You can ask the court for help in enforcing the order. Enforcement of court orders is discussed in the General Family Law section of this FAQ.

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Modification of Child Custody and Child Support

•Who can file a request to modify an order regarding children?
•Which terms in an order can be modified?
•Which court can modify an order regarding children?
•For what reasons will a court modify custody of a child?
•Do I have to wait a certain amount of time before I can file a motion to modify custody?
•At what age can my child choose his own custody?
•How can I get legal custody if my child is living with me but the other parent has court-ordered custody?
•For what reasons will a court modify the periods of possession of a child?
•For what reasons will a court modify child support?

Who can file a request to modify an order regarding children?
Generally, any person who is affected by the court order can request a modification.

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Which terms in an order can be modified?
A court can modify provisions for custody, visitation and child support.

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Which court can modify an order regarding children?
A request to modify custody, visitation or child support must be filed in the court that last entered an order regarding the children.

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For what reasons will a court modify custody of a child?
The grounds for a change of custody are complex and should be discussed with an attorney. Among other things, the court may consider whether there has been a significant change in the circumstances of the parties or of the child, or whether a person with visitation has been convicted of child abuse or family violence.

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Do I have to wait a certain amount of time before I can file a motion to modify custody?
Generally you do not have to wait a certain amount of time to file a motion to modify custody. However, if you are seeking to change custody less than one year after the original order was signed, then the court has special requirements that you must show in a sworn affidavit before the suit can go forward. In the case of an emergency, the timing of the suit is usually not an issue, but in other circumstances it might be preferable to wait at least one year before attempting to change custody.

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At what age can my child choose his own custody?
A child 12 years or older may file a document with the court naming the parent with whom the child wishes to live. However, this choice is not binding, as the court must consider what is in the child's best interests.

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How can I get legal custody if my child is living with me but the other parent has court-ordered custody?
If the person having custody of the child under the last court order voluntarily leaves the child in the possession of another for a period of more than 6 months, and the court finds that this arrangement is in the best interest of the child, the court may modify custody upon the filing of the proper motion with the court.

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For what reasons will a court modify the periods of possession of a child?
The grounds for a change in visitation can be complex and should be discussed with an attorney. The court may consider whether there has been a significant change in circumstances of the parties or the child, whether the visitation order is unworkable or inappropriate, whether the person with custody moved out of state or moved without giving proper notice, whether a person with visitation rights repeatedly fails to exercise them or whether a person with visitation rights has a significant history of alcohol or drug abuse.

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For what reasons will a court modify child support?
Child support may be increased or decreased if there has been a substantial change in circumstances of the parties or the needs of the child. Child support can also be modified if it has been at least three years since the last child support order, and the new amount calculated under the child support guidelines differs by either 20% or $100.00 from the amount of support currently ordered.

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•Does the judge divide the property 50/50?
•Does the judge divide community property and separate property at the time of divorce?
•What factors does the judge consider when dividing the property?
•How do I get the property that is awarded to me in divorce?
•What happens to community property that is not
divided in a divorce?
•What is community property?
•What is separate property?
•What happens to separate property?
•How does a party prove that an item of property is separate property?
•Who decides the value of my property?

Does the judge divide the community property 50/50?
The judge divides community property in a "just and right" manner, which may result, depending on the circumstances of the case, in the judge giving more property to one of the spouses.

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Does the judge divide community property and separate property at the time of divorce?
No. The judge only divides the community property in a "just and right" manner, while taking into consideration the rights of each party and any children of the marriage. In some circumstances, the judge may award more of the community property to one of the spouses.

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What factors does the judge consider when dividing the property?
When dividing the property, the judge can consider any relevant circumstances, factors which may include, among others, evidence of: (1) fault in the break-up of the marriage; (2) differences in earning capacities and education; (3) age of the parties; (4) health of the parties; (5) any special needs of the parties; (6) separate property of either spouse.

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How do I get the property that is awarded to me in the divorce?
There are many ways to get the property you are awarded. Some of the more common methods include real estate documents, orders to employers to divide retirement and other benefits, orders in the divorce decree to transfer the property, documents required by banks and other financial institutions directing the division and transfer of funds and accounts, technical business documents and many, many others. Because there are so many types of property and so many ways to transfer property, this FAQ cannot address any of them in detail, and an attorney should be consulted.

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What happens to community property that is not divided in a divorce?
All community property should be brought up to the judge and divided at the time of the divorce. Any community property not divided at the time of the divorce is thereafter jointly owned by the parties. Within certain time constraints, either party, following the divorce, may request a judge to divide this jointly owned property. As at the time of the divorce, the judge would then divide the property in a just and right manner, taking into consideration the rights of each party and any children of the marriage.

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What is community property?
It is presumed that all property acquired by the parties during the marriage is community property.

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What is separate property?
Separate property is any property owned by a spouse prior to marriage or acquired by a spouse during marriage by gift or by inheritance.

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What happens to separate property?
Once property is proven to be separate, it is awarded to the party claiming it.

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How does a party prove that an item of property is separate property?
There are a variety of methods to prove the separate nature of an item of property. Generally, however, a party must provide evidence of when and how he or she received the property. If the property in question has changed form by being sold, and the money held or reinvested, then the party must also provide evidence tracing the change from one form into another.

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Who decides the value of my property?
Each party is required to provide the judge with an inventory of all property and its value, including each party's claim to separate property. The judge decides the value of the property, based on the evidence, when there is a dispute.

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