Trusts, Wills, and Probate: they go hand-in-hand. Yes, a trust can help avoid probate – maybe. However, to avoid probate, all assets and property must belong to the trust. If there is any property that is not inside the trust (owned by the trust), then likely you will need to probate the estate to access […]
We’ve all heard it: avoid probate, probate is expensive, and probate is lengthy and complicated. Maybe. But, it doesn’t have to be, especially in Texas. I have often heard something along these lines from prospective clients: I have my father’s Will, and it names me as the Executor. According to the Will, my siblings and
A Will, An Executor, and A Beneficiary Read More »
Today, the United States Court of Appeals for the 5th Circuit found the federal statute that prohibits the possession of a firearm by someone who is subject to a domestic violence restraining order to be unconstitutional. (USA vs. Rahimi) The basis of this decision is that prohibiting the possession of a firearm is infringing upon
Guns and Protective Orders Read More »
Got questions about criminal cases? Don’t know where to start? We’ve got you covered with a quick overview of criminal law, hiring a lawyer, what happens in court, and more. What do I look for in hiring an attorney? Most importantly, you need a lawyer with experience in the area of law where your problem
General Information – Criminal Cases Read More »
Thinking about getting a divorce? Recently filed for divorce? Recently served with a divorce? If you answered, yes, to any of these questions, you need to know about divorce disclosures. For decades, the Texas Rules of Civil Procedure encompassed requests for disclosures that allowed parties to serve their opposing parties with “requests” for disclosures. The
Divorce Disclosures Read More »
In January 2017, I left private practice and returned to the Harris County District Attorney’s Office. I loved the practice of law and especially defending those accused of criminal offenses, but I was offered an opportunity to change the system…from the inside. By returning to the District Attorney’s Office, I was able to help shape
For years, Texas and particularly Harris County, has struggled with the concept that prosecutors are to seek justice, not just convictions, and further they are to disclose favorable evidence, mitigating evidence, and even impeachment evidence. You know, the Brady stuff! Well Texas wins loses again and requires the Court of Criminal Appeals to affirm that
Harris County We Have a Brady Problem Read More »
One year ago today, I wrote “Just Because You Can, Doesn’t Mean You Should” to discuss the discretion of prosecutors. Prosecutors can and do choose which offenses and people they will prosecute. It’s a matter of resources. It’s a matter of proof. It’s a matter of discretion. Every case that is prosecuted requires some portion
Just Because You Can, Doesn’t Mean You Should – Revisited Read More »
Yes, I said HPD Crime Lab rather than Houston Forensic Science Center. Despite the fancy new name and claimed independence, it’s the same old game. This time the Lab commissioned an audit of its crime scene unit related to officer-involved shootings. The purpose of the audit was to address complaints by the District Attorney’s Office
More HPD Crime Lab Problems; This Time it’s the Crime Scene Unit Read More »
Late for Work? Call a Trooper and Get to Work on Time You’ve seen police escorts many times. Sometimes it’s a wide load. Other times maybe a caravan of equipment. Maybe even a funeral procession. We’ve come to expect them from time to time on Texas roadways. But did you know you could hire one
Baseball, Apple Pie, and High Speed Police Escorts Read More »
