Bracamonte Law, PLLCBracamonte Law, PLLC2024-03-11T08:43:54Zhttps://www.bracamontelawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1404234/2019/10/cropped-site-icon-32x32.pngOn Behalf of Bracamonte Law, PLLChttps://www.bracamontelawfirm.com/?p=478542024-03-11T08:43:54Z2024-03-07T09:43:02ZExercise your right to remain silent
Whatever the reason for your arrest, one of your most important rights is the right to remain silent. This is one of your Miranda rights, which should be read to you when you are arrested.
It is natural to want to talk to the police officers as much as you can, before and after an arrest, to explain your side of the story. People often believe that if they are friendly and tell their side, the police officers will let them go.
This is not true. Once police officers have decided to arrest you, nothing you say will make them change their decision. In fact, anything you say can be used against you.
Do not fight or resist the arrest
If you believe that your rights are violated or know that you are not guilty of the crime you are being arrested for, you should discuss that privately with an attorney after the arrest.
Act polite and respectful to the police officers and follow their instructions. You can act polite and respectful while still exercising your right to remain silent.
It helps to memorize the phone numbers of family or friends you would call in an emergency. You have a right to one local phone call but be aware that the police officers can listen to this call. It is best to tell the person you call that you have been arrested and save other details for private conversations with your attorney.
]]>On Behalf of Bracamonte Law, PLLChttps://www.bracamontelawfirm.com/?p=478382024-02-22T22:53:45Z2024-02-22T22:53:45ZOne common question is whether parents are obligated to allow DFPS into their homes.
Understanding DFPS’s role
DFPS’s goal is to safeguard children, the elderly and individuals with disabilities from abuse, neglect and exploitation. Specifically, the Child Protective Services division intervenes when allegations of child abuse or neglect surface.
If DFPS shows up at my house, do I have to let them in?
The answer hinges on various factors. CPS cannot enter your home without your permission unless armed with a court order or compelling evidence of immediate danger to your child. Upon a CPS worker’s arrival, you retain the right to inquire about their purpose and whether they possess a court order.
Consequences of refusing entry
Refusing entry to CPS may prompt them to pursue a court order for access. While refusal could escalate the situation, potentially leading to legal repercussions, it is crucial to recognize your rights as a parent.
Parental rights in Texas
Texas grants parents specific rights and responsibilities concerning their children. These encompass the right to physical possession, the authority over moral and religious training and the ability to designate the child’s residence. Both parents share these fundamental rights, with additional rights allocated based on the custody agreement.
Traversing family law complexities, especially when DFPS is involved, demands a nuanced understanding of your rights and obligations as a parent. Remember, the overarching aim of DFPS and the legal system is to secure the safety and well-being of your child, but that does not mean that they are perfect. Good Texas parents are commonly caught up in overly zealous CPS cases. Though, collaboration and comprehension can pave the way for a positive resolution that serves the best interests of all parties involved.]]>On Behalf of Bracamonte Law, PLLChttps://www.bracamontelawfirm.com/?p=478342024-02-07T06:57:58Z2024-02-08T06:56:20ZDefining disorderly conduct
Per Section 42.01 of the Texas Penal Code, disorderly conduct involves intentional or knowing engagement in acts such as using abusive language inciting an immediate breach of peace in a public place. It can also include making offensive gestures inciting an immediate breach of peace in a public place, or creating noxious odors by chemical means in a public place. The list of possible precipitating actions is almost infinite. Public places include schools and school grounds where the public or a substantial group has access.
Potential consequences
Typically charged as a Class C misdemeanor, disorderly conduct incurs fines up to $500. If a firearm is involved, it becomes a Class B misdemeanor, which increases the fines up to $2,000 and potential jail time. For juveniles, Justice of the Peace or municipal courts handle their cases.
Beyond fines and potential jail time, a disorderly conduct conviction can adversely impact job applications, housing opportunities and education. A criminal record can harm your reputation and cause embarrassment.
Available defenses
When charged with disorderly conduct, minors have the right to defend themselves. Possible defenses include a lack of intentional or knowing action, not acting in a public place or near a private residence or no disturbance or offense caused to others. Other defenses can include a significant provocation for your conduct, reasonable fear of bodily injury by a dangerous wild animal and the constitutional defenses of exercising the right to free speech, expression or assembly. Depending on the case, negotiation with the prosecutor for plea bargains, diversion programs, deferred adjudication or dismissal might be possible.
Conclusion
While disorderly conduct may seem minor, its consequences are serious. Parents and their charged minors facing this charge in Texas should take these charges seriously to build a robust defense, challenge evidence and protect the minor’s interests in court. Do not let a disorderly conduct charge negatively impact your future.
]]>On Behalf of Bracamonte Law, PLLChttps://www.bracamontelawfirm.com/?p=478302024-01-25T20:48:07Z2024-01-25T20:48:07ZCPS and your parental rights
At Bracamonte Law, PLLC, our law firm understands that no parent wants their parental rights to come into question. Thus, our focus is not only ensuring that parents understand their rights and options when it comes to CPS interventions, but we are also dedicated to safeguarding the parent-child relationship.
The best interests of the child are paramount when it comes to ensuring their health, safety and wellbeing are protected. When allegations of abuse or neglect are made, CPS steps in to determine if these allegations hold any weight. In these situations, parents should understand how best to defend themselves against these allegations.
Protecting you and your children
A lot is at stake when a CPS case is opened against you. As such, a legal professional can help you take the rights steps when it comes to protecting your rights and your relationship with your children.
Whether it is defending against allegations of abuse or neglect, preventing CPS from removing your children from the home, helping you recover your children from foster care, helping you illustrate to the court that you are working to keep custody, connecting you and your children to community resources and guide you through the process to resolve your matter quickly and efficiently as possible.
When CPS comes into the picture and keeping your children is at risk, it is important to take immediate steps to protect your parental rights. A legal professional can help you understand how to do that while also keeping your interests in mind.]]>On Behalf of Bracamonte Law, PLLChttps://www.bracamontelawfirm.com/?p=478272024-01-08T18:46:32Z2024-01-11T18:44:44ZHow to attack witness credibility
The burden is on you to show that a witness isn’t to be trusted. There are several ways to accomplish this, including the following:
Point out inconsistent statements, which may include statements made under oath during a deposition or during police interviews.
Highlight any motivations that the witness has to testify against you, whether that be personal animosity toward you or a plea deal that was offered to them in exchange for testimony.
Demonstrate that the witness has prior criminal convictions for offenses related to lack of honesty.
Draw out misunderstandings or poor recollection of key evidence during in-court testimony.
Show that the witness is biased against you for some reason.
Addressing witness credibility can be hard to accomplish on the fly. That’s why you need to be prepared with a plan to point out issues with witness testimony before heading into plea negotiations and trial.
Aggressively build your criminal defense
You don’t want to face the harsh penalties being threatened against you in your criminal case. That’s why now is the time to start figuring out the best way to build your criminal defense.]]>On Behalf of Bracamonte Law, PLLChttps://www.bracamontelawfirm.com/?p=478252023-12-29T09:10:04Z2023-12-29T09:10:04ZCustody and child support in Texas
Under Section 154.001 of the Texas Family Code, a parent may be appointed sole managing conservator, joint managing conservator or possessory conservator of a child. A sole managing conservator has the exclusive right to make decisions regarding the child’s education, health care, residence and, as is important to this question, travel.
Conversely, a joint managing conservator shares these rights with the other parent, unless the court orders otherwise. A possessory conservator has the right to visit and spend time with the child, but not to make major decisions for the child.
If you are a joint managing conservator, you have to consult with the other parent before taking your kid to Disney World. If the court order gives you the exclusive right to make travel decisions for the child, then you would not need to get consent. However, this is an unlikely scenario.
Possessory conservator
If you are a possessory conservator, you have to obtain the consent of the managing conservator before taking your kid to Disney World. Again, this is true unless the court order allows you to do so. You also have to pay child support as ordered and share your travel details with the managing conservator.
Conclusion
Whether you must get the other parent’s consent before your travel plans depends on your status and the court order in the divorce. However, even if you do have the unilateral right to travel with your child, you should always include your co-parent in those decisions. Remember, maintaining a good co-parenting relationship is often about clear and honest communication.
]]>On Behalf of Bracamonte Law, PLLChttps://www.bracamontelawfirm.com/?p=478222023-12-20T19:05:42Z2023-12-20T19:05:42ZContractual alimony and court-awarded spousal maintenance
If spousal support is awarded, the payer (higher-earning) spouse will pay a pre-determined amount of money to their ex for a certain amount of time. A payee spouse can receive support if the parties have entered into an agreement to pay contractual alimony.
If the parties do not have an agreement, in Texas, the payee spouse may receive court-ordered support. Courts may award spousal maintenance if the payee spouse can prove that even after property division, they cannot meet their reasonable needs and one of the following is determined to be true:
The payee spouse cannot earn enough to provide for themselves due to disability.
The marriage lasted at least 10 years, the payee spouse cannot earn enough to support their basic needs, and the payee spouse has attempted to earn more money/acquire skills during the divorce in an effort to support themselves.
The payee spouse has custody of the couple’s child who has a disability that requires substantial care that keeps the payee spouse from earning enough to support their basic needs.
The payer spouse committed domestic violence towards the payee spouse within two years.
If the above is established, a family law court may award spousal support based on several factors including income levels, contributions made during the marriage, and earning ability of the payee spouse.]]>On Behalf of Bracamonte Law, PLLChttps://www.bracamontelawfirm.com/?p=478202023-12-06T21:09:58Z2023-11-29T21:07:34ZCreating a holiday schedule
Nothing can ruin the holidays like a custody dispute. This is why it is important to consider your wants and needs when initially establishing a custody order and holiday schedule. While this might work our initially, the legal team at Bracamonte Law, PLLC understands how this can quickly change as the children age. Thus, our law firm uses its expertise in family law to guide parents toward a resolution.
For most parents, spending the holidays with their children is important. Alternating holidays often makes sense, providing each parent with equal holiday time. However, certain holidays might be more important to you than the other parent. Additionally, parents might practice different religions, signaling additional holidays that are not recognized by the other parent.
Modification of order
When there is a substantial change in circumstances, this can signal a need to modify a child custody order. Our law firm has helped parents and families work through custody and holiday schedule issues, ensuring the best interests of the children are met.
For those able to co-parent, our law firm can help facilitate these conversations and modifications. In cases where parents do not get along, this dispute might require the court to resolve. No matter the route you take, a legal professional can help ensure your options and rights are understood and protected.]]>On Behalf of Bracamonte Law, PLLChttps://www.bracamontelawfirm.com/?p=477522023-11-07T14:56:48Z2023-11-07T14:56:48ZIf you have ever watched TV shows or movies involving the police, then you’ve likely come across Miranda rights. It’s the part where the officer says, “You have the right to remain silent,” etc.The police are required to read them to people in custody before questioning them, so in most cases, they just read them when they arrest someone. By doing so, they reduce the chance someone can later claim they did not realize they had certain rights.
The Miranda rights come from the Fifth Amendment of the U.S. Constitution
The Fifth Amendment gives you the right to avoid self-incrimination. Answering certain questions honestly may make it more likely you end up convicted, so in most cases, it is best to say nothing in response to police questions. Or, at least wait until you have a legal representative to guide you, which is another right the police should articulate.Remember, you do not have to have committed any crime for your answers to work against you. Let’s say the police ask you where you were at 2 p.m. Telling them where you were, which just happened to be close to where a crime took place, could motivate them to believe you committed the crime.Of course, the police may ask you plenty of questions before they actually arrest you and before they are required to read you your Miranda rights. Telling them that you are invoking your right to remain silent can help you protect yourself – as can calling for legal help as soon as possible to learn more about your rights.]]>On Behalf of Bracamonte Law, PLLChttps://www.bracamontelawfirm.com/?p=477462023-10-20T18:26:40Z2023-10-20T18:26:40Za parenting time schedule that allocates how you divide all the days of a year, including holidays. But what if your former spouse wants to modify the court orders to obtain more time with your kids during the holidays?
Can your spouse modify custody court orders?
In Texas, the court may allow a modification of current possession orders if it determines it to be in your children’s best interests. Either parent has the right to file a modification suit to change or modify existing court orders, including conservatorship, support and possession orders. A court may move to finalize an uncontested modification suit by the following:
By agreement: Both parents are willing to sign the modification suit form because they agree to all the terms and modifications.
By default: One parent serves the other modification forms, and the other does not file an answer or appear in court.
If you disagree with the modifications, you can contest the modification suit and file your answer through another form with the court. Consider consulting with an attorney before submitting your response. Remember, if you do not file an answer, the modification suit will finish by default, meaning the petitioner can finish it without you.
Sticking to the status quo
If you already agreed on a fair parenting time schedule, they should not be able to change it whenever they please. Modifications should only be possible when necessary because these can cause confusion and instability in your kids. You have just as much a right to be with your kids on the holidays as the other parent.]]>