The Morris Law Firm Blog

April 12, 2011

Prostitution Charges in Texas

Filed under: Criminal — Tags: , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 7:16 pm

Prostitution charges, including pandering and solicitation in Texas range from misdemeanors to felonies. Prostitution charges are generally misdemeanor charges unless additional factors elevate the charges to aggravated promotion of prostitution, which is a felony.

All prostitution charges are considered to be violations of moral turpitude.  If you’ve been convicted of a crime of moral turpitude it could affect your ability to get a job, used against you in court and hurt your public reputation.

Texas Penal Code § 43.02. PROSTITUTION.

(a) A person commits an offense if he knowingly:

(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or

(2) solicits another in a public place to engage with him is sexual conduct for hire.

(b) An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a person to hire him or offers to hire the person solicited.

(c) An offense under this section is a Class B misdemeanor, unless the actor has been convicted previously under this section, in which event it is a Class A misdemeanor.

Texas Penal Code § 43.03. PROMOTION OF PROSTITUTION.

(a) A person commits an offense if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly:

(1) receives money or other property pursuant to an agreement to participate in the

proceeds of prostitution; or

(2) solicits another to engage in sexual conduct with another person for compensation.

(b) An offense under this section is a Class A misdemeanor.

Texas Penal Code § 43.04. AGGRAVATED PROMOTION OF PROSTITUTION.

(a) A person commits an offense if he knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes.

(b) An offense under this section is a felony of the third degree.

Texas Penal Code § 43.05. COMPELLING PROSTITUTION.

(a) A person commits an offense if he knowingly:

(1) causes another by force, threat, or fraud to commit prostitution; or

(2) causes by any means a person younger than 17 years to commit prostitution.

(b) An offense under this section is a felony of the second degree.

Whether your charge is a misdemeanor or felony, it is a crime to hire a prostitute to perform sexual acts for payment, or to receive money in exchange for sexual acts.  Whether you have been charged as a John, pimp, call girl or a prostitute your defense and the outcome of your case is extremely important.  Contact the Dallas office of the Morris Law Firm, at (214)357-1782, or via email at info@themorrisfirm.net.

Texas Auto Accident Negligent Entrustment

Filed under: Accidents, Personal Injury — Tags: , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 3:44 pm

In the last few years we have seen a growing problem with defendants in auto accidents that do not own the vehicle.  The insurance carrier on the vehicle tries to deny the claim on the premise that their insured was not a party to this action

As you will hear from us quite often, you do not sue an insurance company; you sue a party who may be insured.  Your cause action against the defendant driver is clear.

If the defendant driver is an excluded driver on the auto policy, it is very unlikely that the insurance company will defend him/her.  The defendant driver may have an auto policy that covers him/her.  If it is found that the driver did not have insurance, he may lose his license.  But, it is unlikely that this will be discovered until the litigation process begins.

You may also have a cause of action against the owner of the vehicle for Negligent Entrustment.  The owner’s insurance company may then get involved to cover the owner.  To establish Negligent Entrustment you must show that:

1) The owner entrusted the automobile;
2) to a person who was an unlicensed, incompetent, or reckless driver;
3) who the owner knew or should have known was incompetent or reckless;
4) the driver was negligent; and
5) the driver’s negligence proximately caused the accident and the plaintiff’s injuries.

When it comes time to file a lawsuit, you need to discover all potential parties.  Next, find each defendant’s insurance carrier or at least make sure that the defendant is not completely judgment proof.

If you have any questions about your auto accident, call the Dallas office of The Morris Law Firm at (214)357-17872 or reach us via email at info@themorrisfirm.net.

Civil Divorce In Texas

Filed under: Family Law — Tags: , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 1:40 am

Love is a beautiful thing.  Many times love leads to marriage.  Unfortunately in today’s society, too many marriages end in divorce.  When a marriage breaks up, it not only affects the couple, it puts a strain of their family and friends.  Additionally, it will be extremely difficult on any children of the marriage.

A divorce will be one of the most difficult times of each of your lives.  You clearly loved each other enough to be married.  The divorce can either throw salt on each of your wounds, or it can begin the healing process.   There is an old joke about a divorce She says “I want the dog”, he responds “You hated the dog”, she replies “Yes.  But, you love him.”

The more civil the two people can be, the easier the divorce and your continued encounters will be.  It will make it easier if you:

  • Communicate. Just because you may not agree with your soon to be ex-spouse, you need to listen and communicate.
  • Try and look at how the procedure is affecting your soon to be ex-spouse.  If you appear to be concerned, there is a better chance that they will be open to what you want.
  • When dividing the property, be realistic on how it is divided.  Know that each of you will have to give up things.
  • Avoid using your children as a weapon.  Your children did not choose the divorce.  Do not convey messages to each other through your children. NEVER, NEVER, NEVER complain about your ex-spouse around your children.
  • Remember that your ex-spouse is human.  We all make mistakes.  Don’t continue to remind them of their mistakes or their short comings.
  • Get a strong root in faith. Seek out God and try to have your children in a church home.
  • As your ex-spouse moves on, don’t criticize their new romantic interest.
  • Most of all use common sense.  If you don’t want them treating you in a certain way give them the same courtesy.

If you follow these simple rules, it will not only make the divorce easier, it will prevent a lot of unnecessary attorney’s fees.  It is not a guarantee that the other side will treat you the same way.  However, the judge and jury both will make opinions of you on how you act in court.

If you have any questions about divorce or any family law issue, call the Morris Law Firm’s Dallas office at (214)357-1782 or contact us through email at info@themorrisfirm.net.

April 11, 2011

General Path to Citizenship

Filed under: Immigration — Tags: , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 4:35 pm

There are various naturalization provisions that allow permanent residents also known as (green card holders) to become U.S. citizens.  The most common of these provisions is section 316(a) of the Immigration and Nationality Act (INA), which allows a person who has been a permanent resident for at least 5 years to apply for naturalization.

Eligibility Requirements

To be eligible for naturalization under section 316(a) of the INA, an applicant must:

  • Be 18 or older
  • Be a permanent resident (green card holder) for at least 5 years, immediately preceding the date of filing the proper forms.  Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
  • Have continuous residence in the United States as a permanent resident for at least 5 years immediately preceding the date of the filing the application
  • Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application
  • Reside continuously within the United States from the date of application for naturalization up to the time of naturalization
  • Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics).
  • Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during  all relevant periods under the law

If you have any questions about citizenship or about immigration, call the Dallas office of The Morris Law Firm at (214)357-1782, or reach via email at info@themorrisfirm.net.

Texas Workers Compensation Life Time Income Benefits Significant Decision for the Appeals Panel 101803-S

Filed under: Uncategorized, Workers' Compensation — Tags: , , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 2:37 am

On April 1, 2011, the Appeals Panel of the Texas Division of Workers Compensation rendered a significant decision in regards to Life Time Income Benefits (LIBs).  The Hearing Officer found that the claimant was entitled to Life Time Income Benefits based on the loss of and/or total and permanent loss of use of both feet at or above the ankle.  The claimant had a previous injury which resulted in an amputation of the left leg below the knee and the current injury was to his right foot.

The Appeals Panel noted that total loss of use of a member of the body means that such member no longer possesses any substantial utility as a member of the body, or the condition of the injured worker is such that the worker cannot get and keep employment requiring the use of such member.

In the case a designated doctor was asked to determine if the claimant sustained loss of both feet at or above the ankle.  He found that the claimant had lost total use of the left leg, but not the right.  The hearing officer did not give presumptive weight to the designated doctor because he felt that the question did not meet the criteria of Texas Labor Code §408.0041(e).

The Appeals Panel reversed and remanded the case back down to the hearing officer with the instruction that Texas Labor Code §408.0041(e) does include the ability to give an opinion in regards to the total loss of use, due to the Statute including similar issues.  The hearing officer was instructed to give the designated doctor presumptive weight and then make a determination as to the preponderance of the evidence.

This case continues to support the Texas Division of Workers Compensation drive to use state selected designated doctors to make factual determinations in regards to injured workers injuries, disabilities and impairments.  Do not attempt to establish what could be a life-time of indemnity and medical benefits by yourself.  Call the Morris Law Firm’s Dallas office at (214)357-1782 or contact us via email at info@themorrisfirm.net.

April 8, 2011

Deep Vein Thrombosis In Texas Workers Compensation

Filed under: Workers' Compensation — Tags: , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 6:57 pm

Deep Vein Thrombosis abbreviated as DVT, is a blood clot, usually forming in the leg.  The clot could break free and travel to the lungs causing a pulmonary embolism.  This is a very serious condition that can damage the lungs or other organs of the body.

We handled the case of an airline pilot who developed Deep Vein Thrombosis and bilateral pulmonary embolism.  The Claimant piloted flights that would last up to twelve hours.  After he turned in the claim for injuries, with the Texas Division of Workers Compensation, his insurance carrier denied the claim stating they questioned the mechanism of injury.

His medical records established that Claimant had a pre-existing protein S deficiency and was a male over 40; both of which are risk factors for Deep Vein Thrombosis.  The doctors (a hematologist and a vascular surgeon), explained that prolonged immobility in the pilot’s seat was the cause of the Deep Vein Thrombosis and the resulting pulmonary embolism.

In addition to the medical findings, we presented the Wright Study, which found that clotting activism is increased in susceptible individuals after an eight-hour flight.  The insurance carrier used a doctor (employee of the company) who testified that there was no indication of any significant increase of clotting after prolonged sitting.

Claimant was able to prevail due to the expert opinions of the medical providers, their understanding of the causation and by providing medical studies which supported the causation.  If you have a workers compensation injury that is beyond the understanding of the ordinary public, make sure you have the evidence to support your case.

Get an attorney who can help you prepare the case properly.  The Morris Law Firm can be contacted at (214)357-1782 or via email at info@themorrisfirm.net.

April 5, 2011

Citizenship Through Naturalization

Filed under: Immigration — Tags: , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 2:54 am

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). In most cases, an applicant for naturalization must be a permanent resident (green card holder) before filing.  Except for certain U.S. military members and their dependents, naturalization can only be granted in the United States.

You may qualify for Citizen ship if:

  • You have been a permanent resident for at least 5 years and meet all other eligibility requirements
  • You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen.
  • You have qualifying service in the U.S. armed forces and meet all other eligibility requirements.
  • Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.

If you have any immigration questions, contact the Morris Law Firm at (214)357-1782 or via email at info@themorrisfirm.net.  All the staff and attorneys at the Morris Law Firm are fluent in Spanish.

April 4, 2011

ROBBERY CHARGES IN TEXAS

Filed under: Criminal — Tags: , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 3:18 pm

In Texas there are two types of robbery charges, robbery and aggravated robbery.  Robbery sometimes referred to as simple robbery is a second degree felony with possible jail time from two to twenty years, with a possible fine not to exceed $10,000.00.

Aggravated Robbery is a first degree felony with the penalty ranging from 5 to 99 years, or life. A possible fine not to exceed $10,000.00

Texas Penal Code § 29.02. ROBBERY.
(a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes bodily injury to another; or
(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
(b) An offense under this section is a felony of the second degree.

Texas  Penal Code 29.03. AGGRAVATED ROBBERY.
(a) A person commits an offense if he commits robbery as defined in Texas Penal Code 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
(A) 65 years of age or older;
(B) a disabled person.
(b) An offense under this section is a felony of the first degree.
(c) In this section, “disabled person” means an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm.

If you are in jail or charged with either robbery offense, call The Morris Law Firm at (214)357-1782 or after hours at (469)254-4270.  Or, contact us at info@themorrisfirm.net.

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