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Texas Courts Structure and Statistics…

The existing Texas court system was established by an amendment to the state Constitution in 1891.  Below is a description of the basic hierarchal structure of the court system. Supreme Court: The Texas Supreme Court is the highest state appellate court for civil cases. The Supreme Court is made up of nine judges, referred to as “justices,” who review the decisions of lower courts. Court of Criminal Appeals: The Texas Court of Criminal Appeals is the

How Should I Incorporate my Business?

Numerous methods are available to form your business, each with its own benefits and disadvantages.  A business owner who selects the wrong business structure or fails to properly file the required incorporation forms with the Secretary of State may be held personally liable for any obligations incurred on behalf of business or run into tax issues with the IRS.  This article will explore the differences between business entities with respect to formality, liability, management, transferability

Can I Recover Attorney’s Fees in my Lawsuit?

In a civil lawsuit you may recover attorney’s fees in limited circumstances.  Texas follows the American rule in which attorney’s fees are recoverable if authorized by contract or statute.  This article will discuss the situations where you may be awarded attorney’s fees under a contract or statute in civil litigation. Contract If you have an oral or written agreement that allows for the recovery of attorney’s fees, the terms of the agreement will control in a

Pretrial Dispositions of Criminal Cases

The vast majority of criminal cases never go to trial. These cases are either disposed of by a plea bargain or dismissed outright. This article explains two common ways by which criminal cases are disposed of in a plea bargain that may also result in a dismissal upon completion. Deferred adjudication A deferred adjudication is where a defendant pleads “guilty” or “no contest” to a charge, but the court defers the finding of guilt and places

Consequences of a DWI (Part Two)

A few weeks ago, we discussed the criminal consequences of a driving while intoxicated (DWI) charge in Texas. This article covers some of the civil (i.e. non-criminal) consequences that you might face as a result of a DWI charge. License suspension The first non-criminal consequence is the suspension of your driver’s license. Upon arrest, the arresting officer will give you a Notice of Suspension, stating that your license will be suspended in 40 days unless you

Consequences of a DWI (Part One)

This article is part one of a two-part series outlining the consequences of driving while intoxicated (DWI) in Texas. This first part will cover the criminal consequences, while the second part will identify some of the civil ramifications. Jail time: The first consequence that most people think of is, of course, jail time. The amount of jail time that can be imposed varies, depending on the level of the offense and the circumstances of the offense.

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