San Antonio Injury Attorney Blog

In our last blog entry on the Texas Juvenile Justice System, we introduced the basic purposes behind Texas juvenile justice. The San Antonio and greater Bexar County Juvenile Justice System possesses several distinct differences from the Texas Adult Criminal Justice System. The first major difference is the actual language or terminology used with the Texas juvenile system.

The juvenile equivalent of an adult criminal trial is known as ”adjudication", but it is important to note that the Juvenile Justice Code clearly states that an adjudication is not a conviction. Whereas adult offenders must deal with vocabulary like "arrest, bail, bond, indictment, conviction, and sentence", Texas juveniles have an entirely different set of terms. San Antonio juveniles can be "detained, referred, released from detention, adjudicated, and either placed on probation or be completely separated from their home". The actual allegation against the juvenile is a civil petition, not a criminal indictment. Whereas adult records are subject to expunction, juvenile records are "sealed".

The next major difference between a juvenile offender and an adult offender in Bexar County is the wider array of procedural options available to a juvenile under the Texas Juvenile Justice Code. In a criminal allegation against a juvenile, the alleged crime is classified as either "delinquent conduct" or "conduct in need of supervision". Delinquent conduct is that conduct which violates a penal law and is punishable by jail. Conduct in need of supervision (CINS) generally includes less serious legal violations and certain types of non-criminal conduct, like violations of school conduct policy.

Law enforcement has several choices upon completion of a juvenile criminal investigation. They can either refer the case to a prosecutor or to juvenile services. After the referral, there are four (4) possible paths the juvenile may take leading to disposal. The first path is supervisory caution or deferred prosecutions which are known as informal adjustments under Sections 53 and 59 of the Texas Family Code. This is the most favorable option and it is the option San Antonio juvenile criminal defense lawyers try to obtain for their clients.

The second option is referral to criminal court under section 54 of the Texas Family Code. For example, if the child is over 14 years old and is suspected of a capital felony or a high level drug offense, the child may be transferred to criminal court. it is important to note that any juvenile over 15 may be tried as an adult if the case is transferred to adult criminal court.

The third option is reserved for juveniles with mental illness. Under Section 55 of the Texas family Code, commitment proceedings may be initiated for those juveniles with mental illness.

The fourth option is an adjudication hearing similar to a criminal trial, which is conducted under the auspices of section 54 of the Family Code.

The San Antonio juvenile justice system can be daunting, which is why a Texas juvenile criminal defense lawyer is needed to help you and your child navigate the system. The overarching theme of the system is actually rehabilitation, which is not something the adult criminal justice system is necessarily focused on.

The Texas Juvenile Justice Code has undergone many changes over the past few years as legislators try to balance getting kids to accept responsibility for their conduct and distinguishing between adult crimes and juvenile crimes. The overarching consideration in how to treat juveniles in the criminal justice system has always been what is in the "best interest of the child". Sometimes, what is in the best interest of the child can justify a harsh resolution as much as a lenient one.

Under the Texas Family Code, the juvenile courts have authority over any child provided the child is over the age of ten (10) and was under the age of seventeen (17) when the alleged crime took place. In fact, juvenile courts can adjudicate an act of juvenile delinquent conduct up to the child's eighteenth (18th) birthday provided the events took place before the child's seventeenth (17) birthday. Jurisdiction by the juvenile courts concludes upon the child's attainment of eighteen (18) years of age.

The Texas Juvenile Justice Code, is contained in section 51.01 of the Family Code. The Juvenile Justice Code lists several purposes including but not limited to the protection of the public and public safety. While the Code seeks to promote the concept of punishment and deterrence, it also tries to remove the "taint of criminality" from those juveniles acting unlawfully.

Moreover, the Juvenile Code seeks to give "treatment, training, and rehabilitation” for both the parent and offending child. This concept is probably the most refreshing aspect of the San Antonio and greater Bexar County juvenile justice system - the idea that we are trying to protect and develop the moral, mental, and physical development of children. That purpose is a far cry from the adult penal system with its emphasis on punishment as opposed to rehabilitation.

The San Antonio juvenile system can be also very draconian when needed, because one of the elements of the juvenile code is the removal of the child from the child's parents when necessary for the child's welfare. Finally, the Juvenile Justice Code creates a formal judicial procedure where juveniles are given a fair hearing that protects their constitutional rights.

If your child or a young adult has been charged with a crime, it is imperative that you seek a San Antonio juvenile criminal defense attorney to assist you. The implications of a juvenile criminal record can have lasting effects, and it is crucial you seek a Bexar County juvenile criminal defense lawyer without delay.

In San Antonio and Bexar County, even an uncontested divorce must deal with potentially thorny children's issues, known more commonly as the SAPCR (Suit Affecting the Parent-Child Relationship). The following paragraphs discuss some basic legal concepts regarding children in an uncontested divorce which can be handled by an experienced Bexar County and San Antonio divorce attorney .

Under Texas Family Code, Chapter 153 , parties may enter into a written mutual parenting plan which covers conservatorship, possession, and modification. Under Texas law, the parent-child relationship refers to the legal relationship between the parents and the child. Parents have many rights and duties under the Family Code including a right to physical possession of the child, a duty to support and discipline the child, a duty to manage the estate of the child, a right to represent the child in a legal action, and right to make decisions concerning the child's education.

In Bexar County courts , both the father and mother are each named as conservators, with one parent usually named as the managing conservator. However, the courts presume that appointment of both parents as joint managing conservators is in the best interest of the child. Even in a joint managing conservatorship (JMC), one conservator is given the exclusive right to determine the primary residence of the child with geographic restrictions. A child 12 years of age or older can file a written statement with the Bexar County divorce court , expressing their preference for the parent with the exclusive right to determine residence.

In certain situations, the courts will find it impossible to create a JMC, and they will resort to appointing one parent as the sole managing conservator and one parent as the possessory conservator. This division occurs if for example, one of the parents has been absent from the child's life for a long period of time, there has been abuse and neglect, or the parents have a history of violent conflict. As you can imagine, the sole managing conservator will have additional rights above the possessory conservator, including the right to designate the primary residence and right to receive child support payments.

An important concept all divorcing parents in San Antonio must deal with is child support and medical support. The Texas Family Code sets out a specific formula for the determination of child support. Once the gross income of the non-custodial parent has been determined, then deduct social security taxes, federal income taxes utilizing the tax rate for a single person claiming one personal exemption and the standard deduction, state income tax (usually not applicable in Texas), union dues, and costs of health insurance or cash medical support for the child paid by the noncustodial parent. Once you have a number, then charts in the Texas Family Code can be used to determine the percentage of the net resources up to a maximum amount of $7500. Child support is mandated until the child reaches 18 or matriculates from high school (whichever comes later), or the child becomes emancipated, or the child does, or by some order of the Bexar County court. Child support can be revised every three (3) years if the amount of support would increase or decrease by 20% or $100. Under the Texas Family Code, however, modification of child support can occur after one year if circumstances have materially changed. For assistance with child support issues, consult a San Antonio Divorce and Child Support lawyer .

Many parents who do not want to pay the required child support think they can avoid the obligation by stopping work. However, a skilled Bexar County divorce attorney can submit a claim showing that the individual's actual income is less than what could be earned due to intentional unemployment or underemployment. Bexar County and greater San Antonio courts are now requiring an executed Employer's Order to Withhold at the time of finalization of the divorce decree. The Employer's Order to Withhold is a court-approved order to the employer to withhold a certain amount from each pay check and send it to the child support disbursement unit in San Antonio.

With respect to medical support, the courts presume that the parent responsible for child support, will also assume the responsibility of providing the child's health insurance. In cases where the parent does not have the health insurance available, the other parent's insurance may be utilized and the responsible parent must reimburse these costs to the providing parent. Where there are cases involving a SAPCR or child support, Bexar County Family Law Courts must issue medical support orders, which can be enforced just as child support. The wage withholding order can also cover medical support. Any uninsured expenses are usually split between the parents.

With respect to possession, the Texas Family Code sets forth a Standard Possession Order (SPO), which creates a guide for visitation by the possessory conservator or outlines a time of possession for a joint managing conservator who does not have the exclusive right to designate the primary residence of the child. SPOs are generally applicable to children three years or older. There are two (2) schedules in an SPO depending on whether the parents reside 100 miles or more apart. For parents within 100 miles, the SPO incorporates a weekday possession during the school year and 30 days in the summer. For the over 100 mile situation, the weekday possession is omitted, and 42 days are given in the summer. Some parents are able to agree to a possession arrangement outside the SPO, including alternating possession of the children through a week on, week off schedule. Some parents agree to split custody where one or more children live with a parent, and the remaining children reside with the other parent. Bexar County Family law judges are not likely to approve of split custody arrangements unless there are teenage children who express a clear preference for their residence.

Inevitably as time passes, SAPCR orders may have to be modified. A Texas family law attorney can file a motion to modify with the court that signed the last order - that court maintains continuing, exclusive jurisdiction. If the child has moved since the last order, an attorney can also file a motion to transfer venue with the petition for modification. For assistance with custody arrangements and SPO, contact a San Antonio divorce attorney .

One of the most potentially divisive areas in divorce is the division of the marital property . It should be noted that a marriage relationship under Texas creates three (3) different types of property. The first type of estate is the community property which includes the property owned and the debts owed by both parties. The other two types of property are the separate property owned and debts owed by the husband and wife, known as the separate estates.

Under the Texas Family Code , courts in Bexar County and greater San Antonio operate under the assumption that any property acquired during the marriage is community property. However, the label of community property does not apply to spousal property acquired before the marriage or property acquired by the spouse by gift or inheritance or recovery for personal injuries. Often in a marriage, there will be an intermingling between the marital community property and separate property of each spouse. For example, an economic contribution claim can occur where the principal on the debt of a separate property is paid through community property income. A San Antonio divorce lawyer can calculate potential economic contribution claims based on the type of assets involved and specific formulas through the Texas Family Code. If a spouse contributes time and effort to paying off the principal on the separate property of another estate, a reimbursement claim can arise as well. Economic contribution and reimbursement claims can be placed as liens or judgments on separate property.

There is a common misperception that in Texas, community property is automatically divided equally between the parties, i.e. Texas is a 50/50 state. This perception is not necessarily true. Bexar County courts for example take into account various factors including the fault of the parties in divorce, earning capacity, and the amount of separate property.

There are various ways to deal with community property especially in an uncontested divorce. There are various arrangements that can be worked out with a home with equity and a mortgage. The parties can also work out joint credit card debt and cars financed in both names. Be very careful if you believe your ex-spouse will be paying a debt. Creditors are not bound by the terms of a divorce decree and can try to collect the debt from either party, regardless of the individual awarded the debt in the decree. There are much better alternatives than simply trusting an ex to assume the debt. Transfer the credit card debt to another card and / or refinance the cars.

In an uncontested San Antonio or Bexar County divorce, the attorney can ethically represent only one party. In order to protect himself and you, a San Antonio divorce lawyer will have both spouses complete a sworn inventory and appraisement of their community and separate property assets. If it turns out that one of the spouses failed to disclose some asset or debt, the sworn appraisal will be helpful in demonstrating a spouse committed fraud in obtaining the divorce settlement.

Even in an uncontested divorce , an experienced San Antonio and Bexar County family and divorce attorney can be vital in ensuring a fair and equitable division of marital property.

Even an uncontested divorce can be an incredibly gut-wrenching experience. It pays to have an experienced San Antonio Texas family and divorce law attorney to handle even uncontested divorces. The following items discuss some basic principles in Texas divorce law.

In order to file for divorce in Bexar County, at least one spouse must have lived in the state for at least six (6) months before filing. For Bexar county, there is a ninety (90) day requirement for residence. Texas does permit the filing of a "no fault" divorce, although the parties can include other reasons including cruelty and adultery. The Bexar County District Clerk sets forth specific requirements for the petition and the filing fee.

Generally in an uncontested divorce, once the petition is filed, the Respondent (ie. the spouse answering the petition for divorce) will sign a waiver of citation after he has been provided a file marked copy of the petition. Generally, the Respondent should file an answer to the petition before the Monday following twenty (20) days after service of the petition. Even if an answer is not filed, a default divorce can be overturned in San Antonio where the Respondent is not given notice of a final hearing.

There is a waiting period of at least sixty (60) days after the petition is filed. During the waiting period, either party can request temporary orders which cover a wide variety of topics including spousal support and visitation and child support. Discovery can be sent by a family divorce lawyer to determine the community estate and appraisers can be hired to determine the value of disputed assets like businesses and real estate.

The Texas Family Code outlines several options to negotiate settlement including mediation, arbitration, and collaborative law. For additional information, you can visit the Collaborative Law Institute of Texas. Note that settlement agreements reached in mediation are binding if there is no statement that the agreement is subject to revocation.

In a Texas uncontested divorce, provided the parties are in agreement, a Texas divorce attorney can assist in the drafting of an Agreed Final decree of Divorce, which will cover various aspects including the property awarded to each party, disposition of debts, children's issues, name changes, and tax agreements. Various Texas counties will also require an Employer's Order of Withholding at the time the divorce decree is entered to cover child support. Once the parties have signed off their approval on a decree of divorce, a San Antonio divorce lawyer can assist in the "prove up hearing". Once a Bexar County or other judge signs off on the decree , it will betaken to the District Clerk for entry. Either party has thirty (30) days to appeal the decision. They may not re-marry any other person until the thirty day period has passed - they can however remarry each other.

Although many people believe they can handle an uncontested divorce on their own an uncontested divorce should still be handled through an experienced attorney. Uncontested divorces can be easily mishandled without an attorney leading to greater headache and expense than if an attorney was brought in from the beginning.