The Morris Law Firm Blog

July 28, 2011

INS Hold after Arrest

Filed under: Criminal, Immigration — Tags: , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 9:53 pm

We receive a lot of contacts from foreign nationals that have concerns after being arrested in Texas.  The questions usually concern an immigration hold.  When and how does an immigration hold occur?  Under 8 C.F.R. § 287.6 it states:

(d) Temporary detention at Department request. Upon a determination by the Department to issue a detainer for an alien not otherwise detained by a criminal justice agency, such agency shall maintain custody of the alien for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays in order to permit assumption of custody by the Department.

This situation occurs when an agency other than the INS places a foreign national in jail.  Once the foreign national is able to be released from jail, the agency may on hold foreign national up to 48 hours for the INS to pick them up.  Once the time has elapsed, the agency must release the person.

If a person receives an INS hold it does not automatically mean that they will be deported or even held by the INS.  ICE will place a Bond amount for the INS detainer.  If the amount is too much, your attorney may request a hearing to have the bond amount reduced.

There are times that the person has information that will allow for a release from the INS detainer and resolve the immigration problem.  DO NOT agree to a voluntary departure without consulting with an attorney.

Morris law Firm at (214)357-1782, (817)496-3447

info@themorrisfirm.net.

July 23, 2011

Texas Public Intoxication

Filed under: Criminal — Tags: , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 7:24 pm

In Texas you’re considered intoxicated if you do not have the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or you have at least an alcohol concentration of 0.08.

Under Sec. 49.02 of the Texas Penal Code A person commits an offense of Public Intoxication, if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.

Bars and locations that have Alcohol Beverage Licenses are considered public places.  Therefore, be aware that if you get in an altercation in a restaurant or a club when you’ve been drinking, it is likely that you will be charged with Public Intoxication.

It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person’s professional medical treatment by a licensed physician.

Since Public Intoxication is a Class C Misdemeanor, it is punishable by fine up to $500. However, it will stay on your record.  It is not a crime of moral turpitude.  But, it may affect how the court will treat you, if you have future infractions.  If you are charged with another offense that includes controlled substances, you could be found to have a drug problem and be given greater penalties.

If you have be charged with Public Intoxication, contact the Morris Law Firm at (214)357-1782, (817)496-3447 or via email at info@themorrisfirm.net.

Texas Family Law “I’m a Father?”

Filed under: Family Law — Tags: , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 6:14 pm

In life we get many surprises, some are nice and others are not so nice.  Even nice surprises may not come in a way that makes us very happy.  Finding out that you are a father may be one of those times.  If you are approached by someone with whom you had relations and they tell you that you are the father of their child, what are your rights?

In Texas when a child is born out of wedlock, the child has no legal father.  This is the difference between a biological father and a legal father.  A man cannot be ordered to pay child support or have visitation rights to the child.  For a man to be found to be a legal father, an Acknowledgement of Paternity form must be signed or through paternity DNA testing.

Do not sign an Acknowledgement of unless you’re positive that you are the father.  Acknowledging paternity create make you responsible for the child even if you end the relationship with the mother.  You may seek visitation rights, custody (joint or sole) and may have to pay child support.

Never ignore notices from a court.  If you do, the court may proceed without you and make a determination in absentia.  Always contact an attorney to assist you through this process.

If you have any questions as to paternity or your parental rights contact the Morris Law Firm at (214)357-1782, (817)496-3447 or via email at info@themorrisfirm.net.

Texas Workers’ Compensation Injuries Outside of Texas

Filed under: Workers' Compensation — Tags: , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 4:14 pm

I’ve recently seen more cases of Texas workers that are working for their company in Texas, that go out of state for a job or an assignment and are injured while traveling or working out of state.  Every state has different laws that cover work related injuries.  If you live in Texas, it can be difficult to have your work related injury handled by another state.  How do you know when you can elect to use the Texas Workers’ Compensation system for your injury?

The Texas Labor Code provides that if a Texas worker is injured while working outside of Texas, they are entitled to Texas Workers’ Compensation benefits as if they had been injured in Texas.

To establish that the injured worker is a Texas worker, they must show significant contacts with Texas.  This may be proven by establishing:

1)     that the worker was recruited in Texas within the last year; or

2)    They worked in Texas for at least 10 days within the last year;

If you were injured outside of Texas and want to see if your claim can be handled though Texas Workers’ Compensation, contact the Morris Law Firm at (214)357-1782, (817)496-3447 or via email at info@themorrisfirm.net.

July 15, 2011

New Probation Program in Fort Worth

Filed under: Criminal — Tags: , , , , , , — Arturo @ 4:52 pm

Yesterday we had a lunch meeting of the Tarrant County Criminal Defense Lawyer’s Association.  The Hon. Mollee Westfall of the 371st District Court spoke on a new program that she has started in Tarrant County to deal with probation violations.

The program was started in Hawaii in 2004.  It is called Hawaii’s Opportunity Probation with Enforcement (“HOPE”).  The program identifies probationers who are most likely to violate the conditions of their supervision.  It requires frequent and random drug tests.  Any violations are met with swift and certain short terms of incarceration.

Where most counties incarcerate violations for a longer time, the data indicates that long term incarceration disrupts the probationer’s life to the point that upon release, they are likely to fall back into their prior bad habits.  The sure but shorter terms of incarceration, keep the probationer from losing their jobs, housing and structured lives.

The HOPE program has shown that probationers averaged 48% fewer days then the people outside of HOPE program.  With county costs of over $50.00 per day to incarcerate an inmate, the HOPE program could save Tarrant County taxpayers substantial amount of money.  This along with better results on rehabilitating offenders, makes great sense for Tarrant County.

Judge Westfall has begun the program in her court and it appears to be working well.  They are currently writing a Federal Grant proposal to assist in implementing the HOPE program in all the Tarrant County Courts.  If it gets implemented, it will not only be great for our court system, but also the Tarrant County taxpayers.

If you have any questions about you or someone in your families criminal charges, Contact the Morris Law Firm at (214)357-1782 or (817)496- 3447 or via email at info@themorrisfirm.net.

July 14, 2011

Expunging Criminal Records in Texas

Filed under: Criminal — Tags: , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 9:00 pm

Our office is frequently contacted by potential clients who have criminal records of arrest, indictment or conviction.  They want these records expunged because the records prevent them from getting into an apartment, better employment or any activity that requires a criminal background check.  Expunging criminal records completely wipes them out.  However, this is done in limited cases.  What most clients really need can be done by a motion for non-disclosure or sealing of juvenile records.

For a person to be eligible to expunge their Texas records of arrest, indictment and/or convictions, they must have had their case dismissed without any finding of guilt, been tried and acquitted by the trial court or convicted by the trial court and subsequently pardoned.  Expunged records are totally destroyed and are not available, even to government agencies.

Expunging criminal records does not apply to cases where the defendant pleads no contest or differed adjudication.  If the defendant dies prior to having their records expunged, their close family may file to have the records expunged.

If you do not meet the requirements to expunge your record, a motion for non-disclosure will prevent most problems that arise from a criminal background check.  If you have any questions about your criminal record or that of a family member, contact the Dallas office of The Morris Law Firm at (214)357-1782 or via email at info@themorrisfirm.net.

Texas Workers’ Compensation Under Employment in Supplemental Income Benefits

Filed under: Workers' Compensation — Tags: , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 4:55 pm

When an injured worker receives a Whole Body Impairment Rating of 15% or greater, they are eligible for Supplemental Income Benefits.  These benefits are to assist workers that have serious injuries that are unable to return to their previous type of employment.

As these people try and return to the workforce, they find that they are unable to make the same income that they made prior to the compensable injury.  Some even find that they must go into business for themselves to find employment.

To qualify for Supplemental Income Benefits under the premise of underemployment, the worker must show that they work in a position equal to their physical capacity to work and are earning less than 80% of their pre-injury wage.

If you are employed by a third party, your wages are your net income.  If you are self-employed, your wages are not your gross income; your wages are your income after your expenses are taken out.  To establish this, you must provide adequate information for the insurance to see the income and expenses.

At the Morris Law Firm, we can help you manage your Supplemental Income Benefit case.  If your insurance carrier denies a quarter of benefits, we can bill the insurance company directly (no charge to you), for the representation of that quarter.  If you have any questions about your case, contact our Dallas office at (214)357-1782 or via email at info@themorrisfirm.net.

July 1, 2011

Texas Workers’ Compensation, Accident Resulting in Death

Filed under: Workers' Compensation — Tags: , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 4:54 pm

In Texas when an employer subscribes to the Texas Workers’ Compensation system, the Texas Labor Code states that the exclusive remedy (for the injury) is the recovery of the Workers’ Compensation benefits.  The only exception to this statute are claims against the employer for gross negligence resulting in death.

When an employee dies as the result of a workers’ compensation accident, their spouse, dependent children and possibly parents may be entitled death benefits as the result of being a beneficiary of the deceased worker.  If the accident resulting in the workers’ death resulted from the gross negligence of the employer, the surviving spouse or heirs the body have a cause of action against the employer.

You first must establish that the worker was in the “Course and Scope” of their employment when the accident occurred.  Next, for the workers’ compensation claim, the person seeking benefits must establish that they are a legal beneficiary of the deceased worker.  To have a separate “Cause of Action”, the surviving spouse or heir’s the body of the deceased must show that the death was caused by an intentional act or omission of the employer or by the employer’s gross negligence.

Gross negligence is an act or omission “which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.  What lifts ordinary negligence into gross negligence is the mental attitude of the defendant . . . The plaintiff must show that the defendant was consciously, i.e., knowingly, indifferent to his rights, welfare and safety.

If one of your family members has died as the result of a Texas Workers’ Compensation accident, make sure that you do not make any agreements with the insurance company or the employer before you consult with a licensed attorney.  If you have any questions about a Texas Workers’ Compensation claim, contact the Dallas office of the Morris Law Firm at (214)357-1782 or via email at info@themorrisfirm.net.

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