The Law Offices of Randy Wilson and Kristin Postell, PLLCTrusted And Aggressive Advocates In Family Law And Criminal Defense2024-03-14T17:38:05Zhttps://www.randywilsonlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1604504/2024/02/cropped-randy-wilson-site-icon-32x32.pngOn Behalf of The Law Offices of Randy Wilson and Kristin Postell, PLLChttps://www.randywilsonlaw.com/?p=481122024-03-14T17:38:05Z2024-03-14T17:38:05ZThe state must give them access to its evidence
The right of discovery is one of the most important protections for criminal defendants. State prosecutors have to provide all requested evidence when a defense attorney invokes someone's right of discovery. They should have access to that evidence before the trial so that they can fine-tune their defense strategy. Even exculpatory evidence that the state does not intend to present at trial should be available to the defense team prior to criminal proceedings.
Not all evidence is useful at trial
There are many rules about how police officers and investigators obtain evidence. Perhaps police officers conducted an illegal search without a warrant or someone's permission. Maybe they questioned someone who was under arrest without informing them of their Miranda Rights. In situations where there has been a violation of the law or someone's civil rights, it is possible to exclude certain evidence from criminal proceedings.
State analysis is fallible
People often assume that the scientific professionals employed by the state are cutting-edge experts, but that is not always the case. They can make mistakes just like anyone else. Issues with chain of custody records may raise questions about contamination and the accuracy of the state's report on the evidence. Other times, prosecutors may rely on junk science that may not hold up in court. Defense teams sometimes bring in expert witnesses to testify on behalf of the defendant and raise questions about how the state analyzed or presented evidence.
Prosecutors typically need evidence that shows beyond a reasonable doubt that someone has broken the law. Defendants familiar with rules about evidence may feel more comfortable questioning the state's case as part of their criminal defense strategy. Seeking personalized legal guidance is generally the best way to get started.]]>On Behalf of The Law Offices of Randy Wilson and Kristin Postell, PLLChttps://www.randywilsonlaw.com/?p=472422023-12-20T02:51:16Z2023-12-20T02:51:16ZShow that you're responsible
A calendar will typically have information regarding doctor's appointments, birthday parties or other important events. At a minimum, it shows that you can stay organized and know your child's needs. It may also show that you were the one who took your child to these events or played a primary role in ensuring that your son or daughter got there on time and prepared.
Events cost money
Going to the doctor will typically require a co-pay or some other form of payment at time of service. If your child goes to a birthday party, you'll likely need to pay for a present or other costs. The cost of gas, a hotel room or other expenses must also be accounted for if you have to travel to another city or state for an appointment, school gathering or other event. A calendar can prove that you went to events in another state or city.
Time with your child matters
A child custody order will typically be predicated on how much time you spend with your child. If you were the one who usually takes your child to events, it may hinder any claims that your former partner might make about receiving joint or sole custody of your son or daughter.
The child's best interests trump your desires or the desires of any other adults in your case. Therefore, if you want custody of your kid, you'll need to show that obtaining it will enable your child to thrive both now and into the future.]]>On Behalf of The Law Offices of Randy Wilson and Kristin Postell, PLLChttps://www.randywilsonlaw.com/?p=472352023-10-14T22:39:47Z2023-10-14T22:39:47ZParallel parenting
Parallel parenting allows parents to share child care duties, but it does not require them to work together. Instead, each parent has defined areas of responsibility. For example, one parent may deal with the child’s health care needs, while the other parent makes decisions regarding the child’s education. A parallel parenting arrangement gives both parents plenty of time with the child, but it minimizes the time they spend with each other. These arrangements are often put into place on a temporary basis to give parents time to resolve their differences.
Good for parents and children
Parallel parenting arrangements can be good for parents and children, and they can prevent bitter child custody disputes. They shield children from conflict and allow them to spend time with both of their parents, and they give divorced parents time to recover emotionally. However, parallel parenting can be confusing for children when parents take different approaches to child care and set different boundaries. When parents do not communicate, these inconsistencies cannot be addressed. These problems may be minimized if parents go into parallel parenting arrangements with a clear plan and defined goals.
Avoiding conflict
The chief benefit of parallel parenting arrangements is reduced conflict. They allow parents to spend time with their children, but they minimize the amount of time they spend with each other. Parents usually want their children to be happy even when they harbor resentment toward one another, and parallel parenting allows them to achieve this goal without working together. When joint decisions have to be made, parents may avoid confrontation by communicating through their attorneys or other third parties.]]>On Behalf of The Law Offices of Randy Wilson and Kristin Postell, PLLChttps://www.randywilsonlaw.com/?p=472332023-08-16T22:27:18Z2023-08-16T22:27:18ZKey points about child support modifications
It is important to know when and why to ask for a child support modification. Since income is a primary part of the amount, any changes can warrant the support order being adjusted accordingly. If the parent who is paying child support – also referred to as the obligor – has an increase or a decrease in their income, then a modification request can be made.
For example, the obligor could see a bump in salary from a promotion. They might get a new and better paying job. Or they could come into money through an unexpected windfall. The custodial parent can subsequently ask that the support order reflect the better circumstances.
The same is true if a parent sees their income decline. It could be from job loss, a downturn in their business, retirement or working fewer hours. The support order must account for the child’s needs regardless of the income situation.
Medical needs could also justify a modification. If the child has a condition, an illness or needs treatment that exceeds health insurance coverage, this can be addressed through a modification.
The same is true if the child needs special education services or takes part in costly extracurricular activities. A modification can be temporary or permanent. The court will assess each case on its merits as it does with all areas of family law.
Know the steps for a child support modification
No two cases are the same. Therefore, it is important to know how to provide specific information to achieve the desired objective. The legal system can seem complicated, particularly when asking that an order that is already in place be modified. It is vital for parents to know the steps and justification to receive a child support modification.]]>On Behalf of The Law Offices of Randy Wilson and Kristin Postell, PLLChttps://www.randywilsonlaw.com/?p=472312023-06-20T17:42:59Z2023-06-16T17:41:32ZPenalties for possession of cocaine
If you are found to be in possession of less than one gram of cocaine, you will be charged with a state felony. A conviction may result in spending no more than 12 months in a state prison. In the event that you are found with over 400 grams of this substance, you can spend up to 99 years in prison. You may also be subject to a fine of up to $100,000.
Penalties for selling cocaine
The penalties for selling cocaine are similar to those for possessing it. However, the minimum sentence for the sale of more than 400 grams of cocaine is 15 to 99 years as opposed to 10 to 99 years for being convicted of possessing that amount. Furthermore, the maximum fine is increased from $100,000 to $250,000. Additional penalties may be assessed if you are caught selling to a minor or if you sell a controlled substance in a drug-free zone.
Diversion programs may be available
As part of your criminal defense strategy, you may choose to plead guilty to a cocaine possession charge in exchange for enrolling in a diversion program. Typically, the charges against you are dropped if you successfully complete the program. In most cases, this is only an option for those who do not have a history of committing drug crimes.
If you are charged with a crime, there is no guarantee that you'll be convicted or that you will go to jail if you are convicted. You may be able to use witness testimony or other evidence to cast doubt on the validity of the charges against you.]]>On Behalf of The Law Offices of Randy Wilson and Kristin Postell, PLLChttps://www.randywilsonlaw.com/?p=472292023-04-20T02:54:15Z2023-04-20T02:54:15ZCommunicate with your co-parent
Before you start planning, sit down with the other parent to discuss your summer schedules, work obligations and any vacation plans. Try to remain open and flexible, and listen to your co-parent's concerns and ideas as they may have valid objections or suggestions.
Create a shared calendar
A shared calendar can help you stay organized and avoid scheduling conflicts. Using a digital calendar that you can both access and update can help you mark important dates, such as vacation days, camp schedules and weekend activities. You can also highlight specific events on the calendar to differentiate between your schedule and that of the other parent.
Plan activities in advance
Planning activities in advance can help you avoid last-minute scheduling conflicts that can lead to tension and arguments. Sit down with your children and devise a list of activities they want to do during the summer, such as swimming, hiking, camping or other activities, such as going to the movies. Then, coordinate with your co-parent to plan the activities and assign responsibilities.
Alternate holidays and special occasions
Holidays and special occasions can be a source of conflict in co-parenting that may appear in the summer vacation season. Consider alternating holidays and special occasions with the other parent to avoid any issues.
Be flexible
Flexibility is crucial in child custody for dealing with unexpected events that can arise, especially when plans need to change. Be open to adjusting the agreed-upon schedule if necessary, and try to accommodate your co-parent's needs as much as possible. Co-parenting is about putting your children's needs first and anything you can do to accommodate the other parent's needs, within reason, can help keep your child stress-free and happy.
Plan ahead
Planning a summer co-parenting schedule can be like solving a complicated equation, but it is essential for ensuring that your children have a summer that they will remember. By communicating with your co-parent and approaching the situation with a flexible attitude, you can make co-parenting a positive and rewarding experience for you, your co-parent and your children.]]>On Behalf of The Law Offices of Randy Wilson and Kristin Postell, PLLChttps://www.randywilsonlaw.com/?p=471252023-02-21T02:47:04Z2023-02-21T02:47:04ZHow a medical practice is treated during divorce in Texas
Although your medical license is separate property, your private practice is a possible marital asset. A medical practice is community property in Texas if it was established during the marriage. It can therefore be divided during a divorce. According to Texas' Corporate Practice of Medicine, it is only subject if both spouses are medical professionals or if they both own the practice.
What does a non-physician spouse get in the divorce?
Doctors that are married tend to earn much higher incomes than their spouses. It is not uncommon for the other spouse to support their studies in medical school. Upon divorce, the supportive spouse may feel entitled to additional expenses other than child support, such as private tuition, alimony, or mortgage payments. They may desire a share of the practice's value.
In Texas courts, all income and property obtained during the marriage belong equally to both spouses. The divorce process will divide all assets between the spouses. With a medical practice, a non-physician spouse cannot claim partial ownership, but they will seek the sharing of community property ownership interest.
Was your medical practice established before or during the marriage?
Is your medical practice a partnership or a group practice?
How did you fund the medical practice?
Did the participants receive stock?
Did the participant acquire any right to ownership or stock during the marriage to which they might be entitled after the divorce is finalized?
Do you have a buy/sell agreement for your medical practice?
Do you have debts?
If you received loans for medical school, did you use the funds only for school, or did you pay for living expenses with them?
When you own a medical practice and start the divorce process, you must agree with your spouse regarding its division. Divisions are not necessarily equal and depend on many factors. It's important to protect the rights to your medical practice during a divorce.]]>On Behalf of The Law Offices of Randy Wilson and Kristin Postell, PLLChttps://www.randywilsonlaw.com/?p=471232022-12-21T21:45:05Z2022-12-21T21:45:05ZHow military divorce works in Texas
The Uniformed Services Former Spouses' Protection Act (USFSPA) governs the division of military retirement benefits during divorce proceedings in Texas. Under this law, the court may consider that part of a service member's "disposable retired pay" is subject to a division after divorce.
To qualify for this, you must have been together for at least ten years, during which time you were on active duty status. This is known as the "length of service" requirement. If you were not married for at least ten years during a period of active duty, your spouse might still be eligible if you earned the military retirement benefits through creditable service that began during your marriage and continued for at least ten years after the date of divorce or annulment.
The court will typically determine what portion of the pension is marital property and order you to pay your spouse a specific amount from each paycheck until they receive their total share. The court must then issue a Qualified Domestic Relations Order (QDRO), which will direct payment from Disposable Retired Pay directly to your former spouse by your branch of service.
It's important to note that the court doesn't automatically divide these benefits between former spouses after the dissolution of their marriage. Unless a court orders otherwise, you'll receive the full amount of your pension upon retirement.
How you may divorce
Typically, the state allows you to take control of your divorce if you can by making all decisions about your split on your own, only for the judge to notarize it to make it official. However, if this is impossible, then you may have to go through a contested military divorce to battle out your rights.
If you're going through a military divorce in Texas, it's important to be aware of the laws surrounding your retirement benefits and how division works. By having an understanding of the law, you can better protect yourself and any assets that may become subject to division upon dissolution of marriage.]]>On Behalf of The Law Offices of Randy Wilson and Kristin Postell, PLLChttps://www.randywilsonlaw.com/?p=471212022-10-17T01:31:48Z2022-10-18T01:31:02ZMilitary divorce in Texas
Federal laws exist to protect service members from being taken advantage of by their spouses. The Servicemembers Civil Relief Act (SCRA) allows active duty military personnel to request a stay or postponement of civil proceedings (including divorce) if it would interfere with their military duties. The SCRA also caps the interest rate on debts incurred before active duty at six percent.
Texas is one of many states that have enacted specific laws regarding child support and military families. For instance, the non-custodial parent must provide medical insurance for the child if it is available at a reasonable cost through the non-custodial parent's employment or membership in a group health plan. If the non-custodial parent is ordered to pay child support and is later deployed, the deployment can be used as a basis to modify the support order.
Calculating child support
According to military family law, the process of calculating child support in Texas is based on the income of both parents, the number of children involved and the amount of time each parent spends with the child. The court will also consider whether either parent has other children from a previous relationship, any special needs of the child and the parent's ability to pay. Although judges typically follow these set guidelines, they may stray from them if they believe it would be better for the child.
If the non-custodial parent falls behind on child support payments, there are a number of enforcement options available, including wage garnishment, interception of tax refunds and denial of passports. Military personnel cannot be denied their security clearance for failure to pay child support, but they can be court-martialed if they fail to make support payments that they can reasonably afford. As a result, it is often recommended to request the modification of the child support order the moment it becomes difficult to make the necessary payments.]]>On Behalf of The Law Offices of Randy Wilson and Kristin Postell, PLLChttps://www.randywilsonlaw.com/?p=471052022-08-19T01:43:17Z2022-08-19T01:43:17ZEmbezzlement and Texas law
The laws that relate to embezzlement in Texas are categorized under the broader law that covers theft. Embezzling is a specific type of financial theft that is committed by an employee.
People mainly think of embezzlement as a white-collar crime. While it often is, it doesn't necessarily have to be. When an employer entrusts their goods or money to an employee and that individual misappropriates them, it's can be embezzlement. It's easy for fraud to be brought into the mix as well with cases of embezzlement.
Under Texas Penal Code, Title 7, Chapter 31, it must be proven beyond reasonable doubt by the prosecution that the property was appropriated by the defendant. The prosecutor also has to show that the defendant intended to take the property away from the owner without their consent.
Embezzlement penalties
The amount of money or value of the goods that were embezzled is one of the key factors that determine how severe the penalties are. Bear in mind that embezzlement crimes carry more weight if your job makes you a public servant.
Embezzlement of $1,500 or less is considered a misdemeanor. You might get as much as a year behind bars for the crime. When you get into the $1,500 to $20,000 territory, the crime becomes a felony. The penalty bumps up to a two-year sentence at a state jail.
One of the most common defenses against embezzlement is that it was an honest mistake. Errors do happen whether it's incorrect math or poorly kept record books. Another defense is that the person didn't intend to take away the owner's property or that the owner of the property had given their permission.]]>