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"3G" Offenses in Texas

Posted by Byron WinborneApr 24, 20230 Comments

In Texas, "3G" offenses are considered to be some of the most serious crimes. The term "3G" refers to an old section of the Texas Code of Criminal Procedure that defines certain offenses as "aggravated offenses." These types of offenses are no listed in Article 42A.054 of the Code of Criminal Pro...

What are Punishment Enhancements in Texas

Posted by Byron WinborneApr 22, 20230 Comments

In Texas, punishment enhancements refer to the additional penalties that can be added to a defendant's sentence if certain aggravating factors are present in a felony case. There are a number of different factors that can trigger punishment enhancements in Texas felony cases, and these enhanceme...

My Vape Pen is a Felony?

Posted by Byron WinborneMar 12, 20210 Comments

Updated: Apr 22, 2023 The short answer is yes, it is a felony to possess a THC Vape Pen in the State of Texas. While it is legal to buy and possess a THC vape pen in many states, Texas is not one of them. In fact, if you get caught in Texas with a THC vape pen you can be in real legal trouble. T...

WHY HAVING AN ESTATE PLAN MATTERS

Posted by Byron WinborneMar 16, 20200 Comments

When someone passes away, or has a major medical emergency not having any estate plan documents can make life extremely difficult for the family and friends of the person. It is important to keep in mind that everyone's estate plan in unique and needs to be tailored to their specific situation an...

Procrastination is Dangerous In Immigration Matters

Posted by Byron WinborneFeb 24, 20200 Comments

When someone files a petition or application for an immigration benefit such as a green card or naturalization for U.S. Citizenship, sometimes United States Citizenship and Immigration Services (USCIS) issues either a Request for Evidence (RFE) notice or Notice of Intent to Deny (NOID) letter. RF...

Attorney-Client Conversations For Immigration Cases

Posted by Byron WinborneFeb 09, 20200 Comments

For residents working on immigration changes including status changes and applications for citizenship, maintaining constant communication with your attorney is important. Life changes for a client or a client's family often affects the case. Here are two examples of how life changes can impact a...

DWI Punishment Ranges in Texas

Posted by Byron WinborneDec 04, 20190 Comments

Updated: Apr 22, 2023 A DWI is something that no one wants to deal with or be charged with. However, depending on the facts of a particular case the punishment range for a DWI can vary in Texas. Please keep in mind that with a DWI of any level there can be implications to your drivers license wi...

Yes, Your Employer Is Stealing From You

Posted by Joseph "Jody" LaFleurOct 09, 20190 Comments

Misclassifying employees as a contractor is perhaps one of the most egregious problems laborers face. Misclassifying employers is blatant theft! It is a major contributing factor to the decline of the middle class in the U.S. What? That's a bold statement you say? This article will explore the tr...

Your rights if you are pulled over

Posted by Byron WinborneOct 01, 20190 Comments

If you are pulled over by the police, it is important to know your rights are. Knowing your rights can make the difference between a simple traffic ticket or warning, to getting arrested for a crime you maybe not guilty of. However, it is important to remember that no matter the circumstances of ...

No Writing--No Justice

Posted by Joseph "Jody" LaFleurAug 31, 20190 Comments

Texans love to say that a handshake deal here is good-as-gold. We love to talk about how binding a person's word is. But, unfortunately, well intentioned people sometimes remember those deals differently. Or, sometimes well intentioned people say one thing, but really mean something else. Misunde...

Grounds for Divorce in Texas

Posted by Byron WinborneJul 17, 20190 Comments

We have all heard someone say “That is Grounds for Divorce” either in an old TV rerun or possibly in our personal lives. For most of the history of Texas you had to have what is known as a “fault ground” to be able to be divorced. Without one of these grounds the Court would not allow you to be D...

What not to do When Someone Passes

Posted by Byron WinborneJun 19, 20190 Comments

Updated: Jul 17, 2019 When a family member or close friend passes away, it can be an extremely difficult time for anyone. However, there are somethings that anyone should keep in mind of what to not do when this happens. First and foremost, even if you are named in the will of the recently passe...

Community vs. Separate Property in Texas

Posted by Byron WinborneApr 09, 20190 Comments

In a Texas Divorce there are two main types of property that a person can have. Either community or separate property. Of these two types community property is the only type of property that is subject to division by the Court in a Divorce. The following is a basic overview of these two types of ...

What Happens When Someone Passes Without A Will

Posted by Byron WinborneApr 02, 20190 Comments

Updated: Apr 3, 2019 It is not something that anyone likes to think about, but unfortunately death is inevitable. When someone passes, and they still have probate property there will be a need for a probate. If a person has a Will, then the Will controls the distribution of the estate assets. Ho...

Different Types of Probate in Texas

Posted by Byron WinborneApr 02, 20190 Comments

Updated: Apr 3, 2019 There are different types of Probate in Texas, depending on if the deceased had a will or not, and the size of the probate estate. The following types of Probate are available if the deceased had a will. 1. Muniment of Title 2. Letters Testamentary (either independent o...

Probate vs. Non-Probate Assets

Posted by Byron WinborneMar 19, 20190 Comments

Updated: Apr 3, 2019 When someone dies, there are two types of assets that they can have, probate assets and non-probate assets. A probate asset is an asset that needs to be taken through probate to pass ownership to someone else. A non-probate asset passes outside of probate and there is no nee...

Why a Last Will & Testament is Not an Estate Plan

Posted by Byron WinborneFeb 27, 20190 Comments

Updated: Apr 3, 2019 Hypothetically, let's say there is an older person in your neighborhood who you are quite fond of. Her name is Rose. You visit with her often. You share cups of coffee on Saturday mornings and collect each other's mail when you are traveling. Even though she has no pets of h...

Should You Buy That Car? Probably Not!

Posted by Byron WinborneFeb 27, 20190 Comments

Updated: Apr 3, 2019 With the rise and fall of he economy, I see advice from time to time about what to do if you can no longer afford that shiny new car you bought right before your employee centered and values driven company boasted to its shareholder how great the company is doing on Monday, ...

Is the Tip Wage Unfair?

Posted by Byron WinborneFeb 27, 20190 Comments

Updated: Apr 3, 2019 Is the tip wage that restaurants pay to service staff such as servers and bartenders unfair? Perhaps. Before someone can judge the wage as fair or unfair though, that someone must understand the wage and how it is supposed to work. Many of the most outspoken critics of the t...

Common Law Marriage in Texas

Posted by Byron WinborneFeb 27, 20190 Comments

Most have heard other people say, “We are common-law married.” However, most of the time people are under the false impression that they are married, when in fact they are not married at all. This can lead to a host of issues, from trying to probate under the impression that you are married when ...