How long will my case take?
It’s important to understand that the duration of a case can vary significantly based on various factors, including the nature of the charges, the complexity of the evidence, and the court’s schedule. But in order to fight a case properly, usually it takes a minimum of six months to a year before a case is resolved with a win.
What does it mean when I have court, and what do I wear?
Do not worry about your court date appearances. We will be with you every step of the way. For the most part, court appearances will be limited to simply showing up to court on time while we handle the rest. You don’t have to speak at all; that is what we are there for. Dress as if you were attending church with your grandparents.
I wasn’t read my Miranda Rights, will my case get dismissed?
Possibly. But in most circumstances, Miranda only applies to statements made while under arrest. If there are incriminating statements made while in the custody of an agency, we may be able to keep those out of evidence and thus be able to help your case significantly.
Can I sue the police or my accuser?
In cases where you believe the accuser lied or the police acted inappropriately, it is crucial to discuss the specific details of your situation to assess the potential legal avenues available to you.
To determine the viability of a lawsuit against the police or your accuser, we would need to conduct a thorough review of the evidence, witness statements, and any relevant documentation. Our legal team specializes in evaluating such cases and will provide you with an accurate assessment of your options.
It is important to note that suing the police or your accuser can be a complex legal process, and success depends on various factors, including the availability of evidence, applicable laws, and the strength of your case. We will diligently evaluate the merits of your situation and advise you on the most appropriate course of action.
We understand the frustration and impact that false accusations or inappropriate police conduct can have on your life, and we are committed to seeking justice on your behalf. Please schedule a consultation with our team so that we can discuss your case in detail and provide you with tailored legal advice based on the specific circumstances involved.
What about my driver’s license after a DWI arrest?
No matter where your driver’s license is with DPS, we can help you get back on the road legally. It is important to note that Texas operates under an administrative license revocation (ALR) system. This means that your license may face an automatic suspension if you fail or refuse to submit to a breath or blood test. However, we can help you navigate the ALR process by requesting an administrative hearing on your behalf, where we can challenge the license suspension and fight for the reinstatement of your driving privileges.
Our team has a deep understanding of Texas DWI laws, administrative procedures, and the intricacies of defending against DWI charges. We will guide you through every step of the legal process, ensuring that your rights are protected and that you receive the strongest defense possible.
Please don’t hesitate to schedule a consultation with us, where we can discuss the details of your case in-depth and provide you with personalized legal advice tailored to your specific circumstances. We are here to support you, fight for your rights, and work towards achieving the best possible outcome for your DWI case and the status of your driver’s license.
Will I go back to jail?
The potential for jail time largely depends on the specific details of your case, including the nature of the charges, the evidence against you, your criminal history, and other relevant factors. As experienced criminal defense attorneys, we will thoroughly evaluate your case and advise you on the potential outcomes and the likelihood of facing jail time.
Our goal is to protect your rights and achieve the best possible outcome for your case. We will meticulously examine the evidence, challenge any weak points in the prosecution’s case, and explore all available legal avenues to build a strong defense on your behalf.
If jail time is a possibility, we will work diligently to mitigate the potential consequences. This may involve negotiating with the prosecution for reduced charges, pursuing alternative sentencing options, such as probation or community service, or presenting a compelling defense at trial.
During our initial consultation, we will discuss the specifics of your case and provide you with an honest assessment of the potential outcomes, including the likelihood of serving jail time. We will also explain the legal strategies we can employ to fight for your rights and minimize the impact of the charges against you.
Please remember that every case is unique, and the information provided here is general in nature. To obtain a more accurate understanding of your specific situation and the potential consequences you may face, we encourage you to schedule a consultation with our team.
How long does it take to get a divorce in Texas?
What should I do immediately after a car accident in San Antonio?
Secure the scene, call 911, exchange information, take photos, seek medical attention, and contact a San Antonio personal injury lawyer before speaking to insurance adjusters.
How long do I have to sue for a car accident in Texas?
The Texas statute of limitations for personal injury is generally two years from the date of the accident. Missing this deadline can forfeit your right to compensation.
Can I still recover damages if I was partially at fault in a Texas accident?
Yes. Texas follows a “modified comparative fault” rule. You can recover damages if you are less than 51% at fault, but your compensation is reduced by your percentage of fault.
What is the average settlement for a truck accident in Texas?
How is property divided in a Texas divorce?
What is a Suit Affecting the Parent-Child Relationship (SAPCR) in Texas?
A SAPCR is the Texas legal proceeding to establish custody, visitation, child support, and medical support for a child, used by unmarried parents or other family members.
How can I modify a child custody order in Bexar County?
You must file a modification petition and show a “material and substantial change in circumstances” since the last order, or that the current arrangement is no longer in the child’s best interest.
What are the penalties for a first-time DWI in Bexar County?
A first-time DWI in Texas is a Class B misdemeanor, punishable by up to 180 days in jail, a fine up to $2,000, and a driver’s license suspension.
What is the difference between an assault charge and domestic violence in Texas?
An assault becomes a domestic violence charge (Assault Family Violence) if it’s against a family member, household member, or dating partner, which carries enhanced penalties and specific legal procedures.
Can I get a deferred adjudication for a felony in Texas?
Yes, for many non-violent felonies, a judge may grant deferred adjudication probation. If completed successfully, you avoid a final conviction, but the record of the arrest and proceeding remains.
Do I need an attorney for my divorce?
While it is possible to represent yourself in a divorce, having an experienced family law attorney is highly recommended, especially if your case involves complex issues like property division, child custody, or spousal support. An attorney ensures that your rights are protected and helps navigate the legal process efficiently.
How is child support calculated in Texas?
Child support is calculated based on a percentage of the paying parent’s income, with guidelines set by the state. The percentage depends on the number of children being supported, with allowances for other factors such as the cost of health insurance and the needs of the child. Courts may deviate from the standard guidelines in certain cases to meet the child’s best interests.
What happens if my spouse doesn’t want the divorce?
Even if one spouse does not agree to the divorce, the other spouse can still proceed with a contested divorce. While it may complicate the process, the court will eventually grant the divorce after addressing issues such as property division and child custody.
What is spousal support, and how is it determined in Texas?
Spousal support, or alimony, may be awarded in certain situations, such as when one spouse lacks sufficient property or income to meet basic needs or if they are unable to work due to disability or taking care of a child with special needs. The court considers factors like the length of the marriage, the financial resources of both spouses and the contributions of each spouse to the marriage when determining whether spousal support is appropriate.
How is child custody determined in Texas?
In Texas, the courts determine child custody based on the best interests of the child. This includes factors like the child’s emotional and physical needs, the ability of each parent to provide a stable home, the child’s relationship with each parent, and sometimes the child’s own wishes. Custody can be granted as joint managing conservatorship (where both parents share rights and responsibilities) or sole managing conservatorship (where one parent has primary rights).
What is the difference between a contested and uncontested divorce?
An uncontested divorce occurs when both spouses agree on all major issues, including child custody, property division, and spousal support. In a contested divorce, the spouses cannot agree on one or more issues, requiring negotiations, mediation, or court intervention to resolve the disputes.
Do I need a Texas Last Will and Testament if I have few assets?
Yes. A will ensures your assets go to chosen beneficiaries and allows you to name a guardian for minor children, preventing a costly and stressful intestate probate process in Texas.
What is a Texas Medical Power of Attorney?
This legal document allows you (the principal) to appoint an agent to make healthcare decisions for you if you become incapacitated, ensuring your medical wishes are followed.
How does probate work in Bexar County?
Probate is the court-supervised process of validating a will, appointing an executor, and distributing assets. Texas offers simplified procedures for small estates.
When do I need to form an LLC for my San Antonio business?
Consider forming an LLC when you start conducting business to protect personal assets from business liabilities, or when you have partners or significant exposure.
What is a breach of contract under Texas law?
A breach occurs when one party fails to perform any material promise of a written or oral contract without a valid legal excuse, entitling the other party to remedies like damages.
Can I sue my homeowner's association (HOA) in Texas?
Yes, if the HOA has violated its covenants, bylaws, state law, or acted arbitrarily. Texas has specific laws governing HOA disputes, and legal action or mediation may be necessary.
Do you offer payment plans for legal services?
Yes, for certain practice areas like family law or estate planning, we can often structure flexible payment plans to make our services accessible. We discuss all financial arrangements upfront.
How quickly can Barton & Associates take my case to trial in San Antonio?
While most cases settle, we prepare every case for trial from day one. Trial timelines depend on court dockets, but we act swiftly to file and advance your case through the Bexar County courts.
What San Antonio courts do you practice in regularly?
Our attorneys are experienced in Bexar County District Courts, County Courts at Law, and the U.S. District Court for the Western District of Texas, as well as surrounding counties.
Why choose a local San Antonio law firm like Barton & Associates?
Our deep knowledge of local judges, procedures, and opposing counsel in San Antonio provides a strategic advantage. We are your neighbors, committed to achieving the best possible outcome for our community.
