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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 after DWI in Texas 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

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 in Texas after a DWI: The first consequence that most people think of is, of course, jail time. The amount of jail time assessed in Texas after a DWI conviction that can be imposed varies, depending

Non-disclosure of Criminal Records

Like expunctions, orders of non-disclosure can prevent the disclosure, from the general public, of the existence of a criminal record. Many entities, however, may still be able to access these records.There are two main differences between an expunction and an order of non-disclosure: 1. Like many things involving court proceedings, the granting or denial of a request for non-disclosure is within the judge’s discretion. This means that even if a person is eligible for a non-disclosure,

Expunctions in Texas

A criminal record can have far-reaching consequences, even if the criminal charges do not result in a conviction. Fortunately, Texas law provides an opportunity for expunction to people who were arrested but their cases were dismissed or they were found not guilty after trial.However, you will not be eligible for an expunction if you were placed on probation, deferred adjudication, or you finished your case by doing jail time. Eligibility Persons who are eligible to seek

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