OUR
FIRM
At The Wright Firm, L.L.P., we provide a wide range of high quality legal services and strive to maintain outstanding client relationships. Contact us, call us at 1-877-353-4600 or come see us at any one of our conveniently located offices in Dallas, Denton, Tarrant and Collin Counties. Let us see what we can do for you!
Our clients' needs are always our focus. Each case and each client are different, so we work to tailor our services to the client's individual needs.
We will do what it takes to help resolve your legal problem. Getting the job done for you is our priority.
Our attorneys are respected by both our clients and the legal community alike. We utilize a team approach in our practice, so you don't just hire the attorney – you hire the whole firm. In this way, you have not one but an entire team of attorneys and legal staff in your corner, each with different backgrounds and experience to offer to you and your case.
Our team approach began at the founding of our firm from the unique relationship of our founding partners: identical twins Patrick and Paul Wright. Patrick manages the Lewisville office of our firm and focuses primarily on family law. Paul manages our Dallas office and focuses his practice on tax, business, and probate law.
Patrick, Paul and all the rest of our experienced, dedicated attorneys look forward to hearing how we can work for you!
The dedication of our attorneys and staff are the foundation for our Firm's strong commitment to the Dallas - Ft. Worth Metroplex. We consider it a part of our professional responsibilities to be active in service to the community around us. It is a goal of the Firm to make a positive difference for the public good and to give back to our communities.
The Code of Professional Responsibility of the American Bar Association holds the principles that "the basic responsibility for providing legal services for those unable to pay ultimately rests upon the individual lawyer" and that "every lawyer regardless of professional prominence or professional workload should find time to participate in serving the disadvantaged." We strive to live up to these principles and our attorneys are committed to regularly engage in a varied community, religious and civic service.
For a confidential consultation, contact us or call us at 1-877-353-4600.
LOCATIONS
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1660 S. Stemmons Fwy.
Suite 150
Lewisville, TX 75067
Phone: (972) 353-4600
Fax: (972) 353-4602
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Campbell Centre II
8150 N. Central Expressway
Suite 775
Dallas, TX 75206
Phone: (469) 635-6900
Phone: (214) 780-9696
Fax: (214) 780-9797
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121 N. Woodrow Ln.
Suite 105
Denton, TX 76205
Phone: (940) 387-5300
We also have satellite offices in Frisco, Plano, Houston and Tarrant County available *by appointment only.
Frisco Office
2591 Dallas Parkway
Suite 300
Frisco, TX 75034
Phone: (972) 712-7555
*By Appointment Only
Plano Office
Bank of America Tower
101 East Park Blvd.
Suite 600
Plano, TX 75074
Phone: (469) 635-6999
*By Appointment Only
Tarrant County Office
5601 Bridge Street
Suite 300
Fort Worth, TX 76112
*By Appointment Only
Houston Office
3355 West Alabama
Suite 240
Houston, TX 77098
Phone: (713) 626-2100
*By Appointment Only
FAMILY LAW
At The Wright Firm, L.L.P., we work with men and women at all stages of a divorce, from the initial filing through post-judgment requests for modification or enforcement. We handle all matters related to or arising out of divorce, including child custody and visitation, child support, alimony or spousal support and the division of marital property.
Contact our office or call us at 1-877-353-4600 to set up a confidential consultation.
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Here are some of the basic questions and answers regarding divorce. The more you understand about the process, the more effectively you will be able to communicate with your attorney, and the less alien and frightening the process itself will seem. Remember, however, that these are just some of the fundamentals and are NOT substitutes for detailed discussions with your attorney and his or her staff. If you have any questions about your particular case, speak to your attorney.
At the outset, you should be absolutely sure that your marriage is beyond saving. If you are uncertain or there is any chance you and your spouse may get back together, go see a marriage counselor – not a lawyer. A counselor can actually help you and your spouse work through your emotional and relationship problems. That is not the job of your divorce lawyer. I have heard it said that when your marriage is truly over, you'll know. Then and only then, call a divorce lawyer.
The attorney and staff work as a team, each doing the tasks which they can do most efficiently. You are charged less per hour for the legal assistant's work than for the attorney's; therefore, the legal assistant handles many of the more time consuming tasks, like gathering information and day-to-day contact with the client. You will be dealing with both the attorney and the legal assistant, throughout your case.
As a side note, always be courteous to your attorney's assistants and staff. These people do more to put your case together than you can imagine.
You should be as informed and as involved as your case as possible. Educate yourself about the process of divorce. Read any and all letters or paperwork your attorney sends you. If you don't understand something, ask a question. Better yet, make a list of questions for your attorney, and ask them all in one phone call or email (we do charge by the hour, you know).
Your attorney should send you a copy of all the documents that are either sent between your lawyer and the opposing lawyer or filed with the court. Save these documents! Make a file in which to keep them, and bring the file with you each time that you visit your attorney's office, or at least the parts of your file the attorney asks you to bring or you want to talk to him/her about.
You should be totally honest with your attorney. Give all information about anything that even MAY be important in your case. This includes not only information that helps you but, all facts which might hurt your case. Chances are your spouse or his/her attorney is going to find out about them anyway, so don't let your attorney be the last to know. The "bad stuff" is usually not as harmful as you think.
Just as there is a division of labor between your lawyer and his/her staff, there should also be a division of labor between you and your lawyer in making decisions about your case. Your lawyer cannot settle your case without your approval and consent. You also must give your approval for other major decisions such as whether to demand a jury or what kind of child custody to seek.
On the other hand, you need to allow your attorney the authority to make other decisions which involve professional judgment or courtesy. For example, your attorney should decide how to phrase your pleadings and when to file the pleading. You pay us to use those big legal words, right? Also, on occasion, your spouse's attorney may ask to reschedule a hearing, deposition, etc. If the request is legitimate (i.e. the witness was in a car wreck the day before), allow your attorney the leeway to extend professional courtesy to the other attorney.
You and your attorney and her staff are in an attorney-client relationship. This relationship is recognized by the law, and is very special. Your attorney CANNOT have this relationship with both you AND your spouse. Your attorney and staff owe one hundred percent of their loyalty to you and your case and owe none whatsoever to your spouse (let ‘em get their own lawyer). We call this "zealous advocacy" of our client.
The privilege of confidentiality (also called "attorney-client privilege") prohibits disclosure of any information, whether spoken or written, between the attorney and the client, so long as the information was meant to be confidential. For example, if you tell your divorce lawyer that you are having an affair with an intern, your lawyer cannot tell your spouse or spouse's lawyer. Just don't tell your lawyer one thing then testify to something completely different in court. Privileged communications also include all correspondence or documents from your attorney/staff to you, and vice versa (e.g., information sheets you prepare for us), as well as all telephone conversations and in-person conferences between you and your attorney and staff.
A divorce may be granted on one or more "fault" grounds or the "no fault" ground expressly set out in the Texas Family Code. Most divorces are granted on the no-fault ground of "insupportability." This is the ground to use if either spouse feels that the marriage has become insupportable because of a conflict in personalities which makes any reasonable expectation of reconciliation impossible. In English, that essentially means you just don't like each other anymore, and cannot stand to live together as husband and wife.
"Fault" grounds for divorce include: adultery, cruel treatment, conviction of a felony, abandonment, living separate and apart for three years, or confinement in a mental hospital. A court may (but does not have to) consider "fault" in the breakup of a marriage as a factor in deciding how to divide the property and debts. For this reason, a spouse may choose to plead a "fault" ground for divorce.
Loosely speaking, it means that most of the property, both real estate and personal property, that you acquire during your marriage will belong to both of you equally. No matter who paid for it. The basic concept is "Your, Mine and Ours." The "yours" and "mine" are what is called Separate Property under the law. The "ours" is what is called Community Property.
"Separate property" is property either (1) owned or acquired by a spouse before marriage or (2) acquired by a spouse during marriage by either (a) gift or (b) inheritance. It is the date you got the property and the source of the property that controls, not how it is eventually paid for. For example, if one spouse owned a house or car before marriage, at the time of divorce it will be that spouse's separate property, even if it was paid off in whole or in part during marriage. A court has no authority to take a spouse's separate property from him or her at the time of divorce.
Community property" is any property acquired by either or both spouses during marriage by other than gift or inheritance. This includes virtually everything purchased during marriage. It is important to remember that a marriage legally still exists even after are separated (whether before or after the divorce petition has been filed) so any property obtained after separation will be still be community property. This is true even if the property is not physically received until after the final decree of divorce. For example, if the day before the divorce is granted a wife contracts to purchase a new home (with closing set off for one month later), or husband enters into a partnership agreement, this will be characterized as community property. Moral: be careful and be patient.
"Alimony" does not exist in Texas; rather, Texas has spousal support; that is, funds paid by one spouse for the support of the other spouse. Texas was the only state in the nation in which a court had no authority to order alimony to be paid after the final divorce. However, in 1997, the Texas legislation made provisions for very limited "alimony" which requires extensive proof of an inability to support oneself. It is best to talk with your attorney about the availability of spousal support in your case, as each case differs greatly. Also, the parties may, by agreement (i.e., contract), provide for alimony to be paid after the final decree of divorce is entered. The party paying alimony may deduct these payments from that party's income to gain a tax benefit, while the alimony recipient must declare these payments as income.
While these proceedings may be confusing and strange to you, there are six typical phases which average divorce cases may go through:
Although each divorce case takes on its own unique personality, these basic steps occur in one form or another in most divorce cases. You should discuss each step with your attorney. He or she can give you more personalized feedback on how your particular case is likely to progress.
Note: The law prohibits a divorce decree from being entered until at least 60 days have elapsed from the date the divorce petition was filed. This "cooling off" period is, of course, just a minimum period of time. Most cases take much longer to complete.
Judges have a fairly wide range of discretion in deciding who gets what in a property division. The Texas Family Code tells us, "In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage." This is what is called making a "Just and Right Equitable Division," which I will abbreviate as JARED.
The most important and often-times misunderstood word in a JARED is "equitable". Equitable does NOT mean equal. Neither you nor your spouse is automatically entitled to a numerically perfect half of everything. Instead, the judge will consider a list of factors, and make a decision on who gets what based on what the judge believes to be "fair". The factors that the court will take into consideration include:
Remember, each one of these is only a factor for consideration. At least in theory, no one factor should completely decide the case; however, every judge is different. Some judges will put heavier importance on some factors due to their own personal opinions and experience. Your lawyer should know or be able to find out what your particular judge tends to put importance on, and how he or she tends to rule. This will help you and your lawyer strategize your case.
Divorce is hard on everyone involved and can be particularly hard on children. Frequently the most hotly contested and emotionally charged issue in a divorce is who gets the kids and when. But custody and child support battles are not limited to the divorce context. Here are some basic questions and answers about issues involved in child custody and child support disputes. Remember, however, that these are just some of the fundamentals and are NOT substitutes for detailed discussions with your attorney and his or her staff. If you have any questions about your particular case, speak to your attorney.
If you and your spouse have children together, then the child custody and support issues MUST be included as part of the divorce proceedings. However, you don't have to be married to your child's other parent to work out the legal issues of child custody and child support.
If you want to have legal Orders in place to determine who gets the kids and when, or who pays child support and how much, then you need to file what is called a "Suit Affecting the Parent-Child Relationship" (SAPCR).
The standard the judge must base his/her decision on is the "best interests of the child". The court usually takes into consideration what each parent wants, what the child wants (if the child is old enough and/or mature enough), which parent has been the primary caretaker, the parenting abilities of each parent and whether there is a history of abuse.
No. The Texas Family Code section 153.003 expressly forbids the court to discriminate based on gender in deciding which parent to appoint as managing conservator of the children. The court must decide based on what is in the best interest of the child.
The Standard Possession Order (SPO) is the "default" schedule that the court will set for visitation with the child. Generally, both parents will be designated by the court as Joint Conservators. One parent will get the right to designate where the child lives. This parent is referred to as the "primary" conservator. The other parent will have a schedule for when he/she may have visits with the child. It is this parent who will have the Standard Possession Order for visitation.
Basically, under an SPO the parent has the right to have the children every 1st, 3rd and 5th weekend of each month and 1 night during the week each week. View the Texas Standard Possession Schedule.
Conservatorship is another way of saying legal custody. If you are appointed a conservator of your child, you will have some kind of decision-making responsibilities. For example, the right to make educational decisions for the child, or direct his or her religious upbringing. In Texas, the default for child custody is both parents being appointed Joint Managing Conservators. Possession refers to actual physical custody of a child. Access generally refers to visits with the child.
If your circumstances have changed since your Possession Order was entered, you may want to seek what is called a Modification. This means that you are asking the court to modify or change your existing order. You and your attorney will have to show the court why the change is necessary and why is it in the children's best interest.
You and the child's other parent may also decide together how you want to change your possession schedule. There is generally a provision in possession orders that allows the parents to decide on visitation schedules "by mutual agreement". However, if the only thing you can agree on is that it isn't working, you will likely have to go to court.
The legislature, by statute, has adopted Child Support Guidelines. Basically, child support under the Guidelines will be a percentage of the support payor's "net resources" as defined in the Guidelines, based on the number of children. For example, the guidelines require the payor to pay 20% of his "net resources" for one child, 25% for two children, etc. The maximum percentage any parent will pay is 40% and the maximum net resources that can be used to determine the actual child support amount is $7,500. Most courts generally follow the guidelines unless there are unusual circumstances.
Also, the Family Code requires that, if the support payor is an hourly or salaried employee, the payor's child support is to be withheld from his wages by his employer and paid directly to the custodial parent. Although this can be waived, it rarely is. At present, the child support from a wage withholding order are first being sent through the State Disbursement Unit in San Antonio and then forwarded to the person entitled to receive child support.
One of you almost definitely will. Generally speaking, the parent who gets the right to designate where the children live will also get to receive child support payments. The other parent, of course, will have to pay. If the Court makes the decision about child custody, then child support will be almost definitely be ordered. If you and your spouse are making an agreement about child custody, you may agree together that neither of you will pay child support to the other.
**Note: The Texas Family Code has recently been changed so that neither parent has to be given the right to designate the primary residence of the child. This will only apply to suits filed after September 2009. If your suit was or will be filed after that date, the Court may order (in appropriate circumstances) a true 50-50 split of possession time. In that instance, the Court may order that neither parent pays child support to the other, but both parents will have the duty to actually support the child while the child is in his or her care. "Actual support" means that the parent is financially providing for the child directly (buying him clothes, food, toys, etc.) rather than paying money via child support payments to the other parent who then, in turn, provides for the child.
If financial circumstances have changed for the person paying child support since your Child Support Order was entered, you may want to seek what is called a modification. This means that you are asking the court to modify or change your existing order. You and your attorney will have to show the court what has changed. If you are the payor – you will likely be trying to show that you make less money now than at the time the last order was entered. If you are the one receiving child support – you will likely be trying to show how much more money the payor is making now.
Note: if you are the payor and are now making less money than before, don't just reduce your payments or stop paying entirely. Get the COURT to adjust your child support payments or you could land yourself in a lot of trouble.
If you believe that your child's other parent is not following a court order, you may want to seek what is called Enforcement. This means you are asking the court to enforce its earlier order against your ex. Your ex may be found in contempt of court, and could be fined or, in the case of not paying child support, even jailed.
The Texas Family Code has recently been changed to make it much easier to recover attorney's fees in an Enforcement case. This applies to cases filed after September 2009. If you are considering filing an Enforcement action, talk to your attorney about how this provision works.
CRIMINAL LAW
What you do at the first hint of a criminal case can drastically impact how the case will end. You need someone in your corner to help you protect your legal and Constitutional rights. The Wright Firm, L.L.P. can be there for you in your hour of need. Contact our office or call us at 1-877-353-4600 to set up a confidential consultation.
The United States Constitution requires that the government (State or Federal) cannot take away your life, liberty or property without due process of law. This sounds very grand, but what it means to you in a practical sense is that the State of Texas or U. S. Federal Authorities cannot put you in jail (take away your liberty) without following all the proper procedures.
So what are the proper procedures? Texas has adopted a Code of Criminal Procedure, as have the Federal Authorities (U.S. Code Title 18). These Codes are sets of laws that govern everybody's role in a criminal case. This includes the police, prosecutors, defense lawyers, judges, and juries. These Codes are in place to help insure that the protection promised by the U.S. Constitution is actually carried out by the State of Texas and Federal Authorities.
At every stage of a criminal case, there are "hoops" that the Government has to jump through. These procedural hoops are extremely important to protect your rights and individual liberty. Your Defense attorney should know how the process is supposed to work and can fight to make sure the Government has jumped through every hoop.
You have many rights under the United States Constitution, but the following is a list of those that relate most directly to a criminal law case. These all come from the Bill of Rights, which are the first 10 amendments to the Constitution.
From the 4th Amendment:
From the 5th Amendment:
From the 6th Amendment:
From the 8th Amendment:
From the 14th Amendment:
All of these rights have been tested and re-interpreted over the years, but still remain vital today. Your criminal defense attorney can tell you how these rights will work for you.
You actually have two different rights to counsel. There is a right to counsel while you are being questioned by the police in the 5th Amendment. Under the 6th Amendment, you have the right to have a lawyer defend you, and the court will appoint one for you if you can't afford one on your own.
Your 6th Amendment right to counsel generally only comes into play when you are facing formal charges or an indictment. However, the right can also apply to pretrial lineups, and may even apply when the focus of a criminal investigation rests on you.
For the right to counsel to apply in a misdemeanor case, the charge must carry with it a sentence of six months. There is not a right to counsel in cases which carry a fine only – like a speeding ticket. Even when you do not have a RIGHT to counsel, you will still be permitted to hire a lawyer on your own. Having "the right" to counsel in this sense means that the court must appoint a lawyer for you if you: a) cannot afford one, and b) request that the court appoint a lawyer for you.
To get the Court to appoint a lawyer for you, you will have to prove to the Court that you are indigent. "Indigent" is a nice way of saying that you fit the legal definition of broke. In making its determination of whether or not you are indigent, the Court may consider:
If you are requesting that the Court make a determination of indigency so that you may be appointed a lawyer, you must:
Or BOTH of the above.
Before the Court can rule that you are indigent, you will be asked to sign a statement that will look essentially like this:
"On this ________ day of ____________, 20 ___, I have been advised by the (name of the court) Court of my right to representation by counsel in the trial of the charge pending against me. I am without means to employ counsel of my own choosing and I hereby request the court to appoint counsel for me.
(Your Signature)"
Once the Court has determined that you are indigent, the court will continue to presume that you are indigent through the rest of your criminal proceedings.
If the Court does appoint an attorney for you, that attorney will have certain obligations. Your court-appointed attorney MUST:
You can, of course, waive your right to an attorney. We at The Wright Firm, L.L.P. DO NOT recommend that you waive your right to counsel. However, should you make the decision to do so; you must do so voluntarily, intelligently and in writing. "Voluntarily" means that no one has forced or coerced you into waiving your right. You must make the decision of your own free will. An attorney for the state (in other words, the prosecutor) cannot encourage you to waive your right to counsel. "Intelligently" means that you truly understand the decision you are making, know what the consequences are, and choose to accept those consequences.
If you want to waive your right to counsel, the Court must first explain to you the nature of the charges against you, and the dangers and disadvantages of representing yourself at trial. If you still want to waive your right to counsel, the Court will give you a statement to sign which will look essentially like this:
"I have been advised this ______ day of __________, 2 ____, by the (name of court) Court of my right to representation by counsel in the case pending against me. I have been further advised that if I am unable to afford counsel, one will be appointed for me free of charge. Understanding my right to have counsel appointed for me free of charge if I am not financially able to employ counsel, I wish to waive that right and request the court to proceed with my case without an attorney being appointed for me. I hereby waive my right to counsel.
(Your Signature)"
Be Aware! You can change your mind at ANY TIME if you have waived your right to counsel. BUT YOU WILL NOT GET A "DO-OVER"! Any hearing that did not go in your favor because you chose not to have a lawyer represent you cannot be repeated to give you a second chance.
Every case is different, but generally speaking criminal cases follow this outline:
In the investigation stage, the police are gathering evidence. The police must gather enough evidence a) a crime has been committed, and b) that you are the person who committed it, so that the police can establish "probable cause". The word probable in the law means "more likely than not". Essentially, the police must gather enough evidence against you to establish that it is more likely than not that you committed a crime.
Once probable cause has been established, you may be arrested by the police. Generally, the police must present their evidence of probable cause to a judge who will then sign a warrant before the police may arrest a suspect. However, in certain circumstances, if a police officer has a good faith belief that probable cause exists, the suspect may be arrested on the spot.
Not to over simplify things, but this is the stage where the police put you in their car and take you in to the police station. Most people have a pretty good grasp of how this part of the process works. But what about all that "You have the right to remain silent," stuff? Where does that come into play?
At one time, it was common practice for police to haul a suspect in, shut him in a room cut off from the rest of the world and question him for hours on end, not letting him speak to an attorney, until the suspect broke down and confessed. This interrogation strategy was the subject of the Miranda case. The U.S. Supreme Court decided that a confession taken this way could not possibly be the product of the suspect's free will, and was a violation of a person's right to refuse to incriminate himself. The Court also held that such a confession could not be used in court against a defendant. Any person taken into police custody must be informed of:
This is why before the police ask you any questions, they will read you your rights or "Mirandize" you. But keep in mind – Miranda only applies when the police ask you questions while you are in their custody. If you are not responding to a question, you are "volunteering information" and this can be used against you in court, whether you were read your rights first or not.
So remember:
So you've been arrested. Now you will be brought before a judge who will set your bail. The amount bail will be based on several things; for example, what charge you are facing, whether you have any previous offenses on your record and whether or not the judge thinks you will try to run away.
Bail is sort of like a bet. You are betting the court the amount of your bail that you will show up for your court date. If you do show, you get your money back. If you don't show, the court keeps your money – and issues a warrant for your arrest. This is a bet you definitely want to win.
This is the next time you are brought before a judge. You will have the charges against you read to you. The judge will ask you whether you have an attorney, and if not, if you want the court to appoint one. The judge will also ask you how you plead to the charges: "guilty," "not guilty," or "no contest."
At this hearing the judge may also re-adjust your bail and set a schedule for any other hearings in your case, and set a date for your trial.
This is also called a "probable cause" hearing. This hearing will have more the feel of a trial, because both attorneys (the prosecutor and your defense attorney) will call witnesses and have the chance to cross examine the other side's witnesses. The purpose of the hearing is to determine if the prosecution has enough evidence supporting the charges against you to proceed to a full trial.
The burden of proof on the prosecution is lower in this hearing than at a final trial. Just because the prosecution shows it has enough evidence to go to trial does not mean that you have been convicted of anything.
This is where an experienced defense attorney can really come in handy. Plea bargaining is a negotiation process between the defense and the prosecution. The prosecutor will make various offers from reducing the charge against you, dropping some of the charges, or recommending a lighter sentence. The primary thing that the prosecution wants in exchange for their offers is a guilty plea from the defendant. Beware of an offer to recommend a lighter sentence. Yes, the prosecutor CAN make this recommendation, but there is NO obligation that the judge goes along with it. It is the Court (or jury) that sentences you, not the prosecutor. Your defense attorney can advise you as to whether or not the "deal" being offered by the prosecution is a good one for your particular circumstances.
If no plea bargain is reached, the case will proceed to trial. While there is some variation on this, generally a trial runs in the following order:
You just heard the words you were really hoping never to hear, "We the jury find the defendant guilty." If you haven't already done so, at this point you and your attorney may decide that you want the jury to sentence you instead of the judge. You attorney can help you weigh the pros and cons of that decision.
Whoever is doing the actual sentencing; both the prosecution and the defense may offer evidence at the sentencing phase of trial on ANY matter that the court (judge) thinks is relevant. This may include:
Once all this evidence has been put on by both sides, if the jury has the responsibility of sentencing, the judge will give the jury any additional written instructions that may be necessary. Then the jury will deliberate on the sentence just as they did when they decided guilt versus innocence.
When the judge does the sentencing, after hearing the evidence mentioned above, he will announce his decision in open court.
From not coming to a complete stop at a stop sign all the way up to premeditated murder, there is a wide range of acts classified as "crimes" in Texas. It is important to know how the crime you are charged with (or being investigated for) is classified to help you understand the seriousness of the situation, and the potential punishments involved.
Texas Criminal Law - Texas has two main categories for crimes: Felonies and Misdemeanors. Each of these categories has several sub-categories.
Misdemeanors are classified according to the relative seriousness of the offense into three categories:
Class A misdemeanors are punishable by a fine not to exceed $4,000; confinement in jail for a term not to exceed one year; OR both a fine and jail time.
Class B misdemeanors are punishable by a fine not to exceed $2,000; confinement in jail for a term not to exceed 180 days; OR both a fine and jail time.
Class C misdemeanors are the lowest level of crime. This is the category traffic tickets fall under. These are punishable by a fine not to exceed $500.
Felonies are classified according to the relative seriousness of the offense into five categories:
Capital felonies are the highest level of crime. These crimes are punishable by imprisonment for life without parole or by death. This is reserved only for certain types of murder.
A first degree felony is punishable by imprisonment for life or for any term of not more than 99 years or less than 5 years. In addition to imprisonment, a felony of the first degree may be punished by a fine not to exceed $10,000.
A second degree felony is punishable by imprisonment for not more than 20 years or less than 2 years. In addition to imprisonment, a felony of the second degree may be punished by a fine not to exceed $10,000.
A third degree felony is punishable by imprisonment for not more than 10 years or less than 2 years. In addition to imprisonment, a felony of the third degree may be punished by a fine not to exceed $10,000.
A state jail felony is punishable by confinement in a state jail for not more than two years or less than 180 days. In addition to confinement, a state jail felony may be punished by a fine not to exceed $10,000.
BANKRUPTCY LAW
At The Wright Firm, L.L.P., in Dallas, Texas, our attorneys provide comprehensive counsel to individuals who want to use the federal bankruptcy laws to get a fresh financial start. To set up a confidential consultation, contact our office by e-mail or call us at 1-877-353-4600.
Chapter 7 bankruptcy is often referred to as "liquidation". This may sound confusing, but think of it this way: ever heard the term "cash flow"? Cash can flow from person to person easily, just like water flows down a river. In a Chapter 7 Bankruptcy, your bankruptcy trustee will turn certain types of your property into cash (or "liquidate"), and that cash will then flow to your creditors to pay off your debts. In many Chapter 7 cases, all of the debtor's property is exempt, so the trustee will have no assets to liquidate and distribute to creditors.
The bankruptcy begins when you (and your attorney) file for bankruptcy with the court. You are no longer in bankruptcy when you receive a discharge.
Chapter 13 is a proceeding under the federal bankruptcy laws where a person turns his debts, together with a plan for repaying them, over to the Bankruptcy Court. The debtor (you) will make regular installment payments to a person called the Chapter 13 Trustee. The Trustee collects the installment payments and pays required creditors in the manner prescribed in the Plan. While the Plan is in effect, the court puts into effect an Automatic Stay which prevents collection efforts from all creditors.
Chapter 13 bankruptcy often provides a solution for people who have faced short-term financial setbacks like job loss, illness, or large unexpected expenses. Chapter 13 combines the Automatic Stay, with the ability to catch up past due payments over a period of three to five years after filing bankruptcy while keeping current payments up to date. Many people looking to stop foreclosure or avoid repossession choose Chapter 13 for this reason.
In a Chapter 7 bankruptcy, you don't pay off your debts. Instead, you must turn over all non-exempt property to the Chapter 7 Trustee. The Trustee will sell all non-exempt assets, and creditors are paid from the proceeds of this sale.
In a Chapter 13 you may keep all of your property. You have the opportunity to take (usually) 3 to 5 years to get caught up on debts that have fallen behind, while still making all current debt payments.
Chapter 7 cases where there are no assets to distribute to creditors are closed fairly quickly, sometimes in as little as a few months. Even though you have received a discharge, however, you case with the Court will remain open until the judge enters an order closing the case. A copy of the order closing your case will be sent to you by the Court.
Chapter 13 repayment plans may take up to 5 years for you to complete.
To qualify for Chapter 7 bankruptcy, you must first pass a "Means Test". The Means Test has two steps. The means test can get very complicated so we at The Wright Firm, L.L.P. recommend you seek the assistance of an experienced bankruptcy attorney. An extremely simplified version of the test looks like this:
Step 1: Median Income
Your monthly income is compared to the median income for a Texas family the same size as yours. "Median" is another way of saying "middle," like the median in the middle of a highway. If you make the same or less money than the median income for a family your size, you qualify for Chapter 7 bankruptcy. If make more than the median income, you have to move on to Step 2 of the test.
Step 2: Calculating Disposable Income
If your disposable income over the next five years is:
You may want to consider filing for Chapter 7 if you:
To qualify for Chapter 13 bankruptcy, a debtor must:
For those who do not qualify for Chapter 13 bankruptcy, you may want to consider filing in the form of Chapter 7 bankruptcy.
To set up an appointment, send us an e-mail or call us at 1-877-353-4600.
Whether you are filing under Chapter 7 or 13, you must receive a Credit Counseling Briefing from a certified credit counseling agency – BEFORE YOU FILE. This counseling is REQUIRED by federal law (with very few exceptions), and your case may be DISMISSED if you do not attend a counseling briefing. Your bankruptcy attorney can recommend a counseling provider for you.
You must disclose ALL of your debts when filing for bankruptcy, or you risk facing charges for bankruptcy fraud. This is a serious federal offense! Be very careful to disclose all of your debts to the Court.
Do not attempt to conceal your property, destroy any financial records, violate any court order or make any last minute high-dollar charges on your credit cards before you file. ALWAYS listen to the advice of your attorney!
Bankruptcy cases are filed in the Unite States District Court in the district where you reside or work. The Bankruptcy Court is a part of the United States District Court.
The filing fee is $299.00 and must be paid through your attorney to the bankruptcy court. Attorney fees vary with the complexity of your case.
The first thing that happens after you file for either Chapter 7 or 13 bankruptcy is the "automatic stay." The court or the bankruptcy trustee will mail notice to all the creditors you have listed to notify them that you have filed for bankruptcy. Once they are notified of your bankruptcy filing, your creditors may not call you anymore to collect the debt. If a creditor continues to call you – tell them they must speak to your attorney.
Be sure to tell your bankruptcy attorney if you have any on-going lawsuits or wage garnishments, so that he or she may call these creditors immediately. Filing bankruptcy automatically stays (stops) all lawsuits, garnishments, attachments and other attempts by your creditors to take your property. A few days after your case is filed, the Bankruptcy Court will mail a notice to all of your creditors ordering them to stop all action against you.
The Meeting of Creditors will usually take place within 30 to 45 days after your petition is filed. The meeting is informal and your attorney will prepare you for this occasion. The "Meeting of Creditors" usually does not last longer than 15 to 20 minutes.
Please note: you may only file for Chapter 7 bankruptcy once in 8 years! If you have received a discharge in a Chapter 7 case previously, you only have the right to receive another Chapter 7 discharge if you new case is filed at least eight years after the first case was filed. However, even during the eight-year waiting period, you may still be able to obtain relief in a Chapter 13.
In a Chapter 7 proceeding, certain assets will be considered exempt – meaning that they will not be sold to pay off debts. Exemptions are determined by the state where you have been domiciled. "Domicile" in this sense means the state where you lived. The key time period is the 730 days (2 years) immediately before the date you file your petition. If you have lived in the same state for the last 2 years before filing, that will be your domicile for exemptions. If you have lived in more than one state in those 730 days (2 years):
Both the Federal Government and the State of Texas have defined exempt assets, and you and your attorney will make a choice between the two.
Texas Exemptions:
Note: Personal property may not be converted from non-exempt to exempt in an effort to defraud creditors.
Federal Exemptions (per debtor)
Chapter 7 bankruptcy helps eliminate unsecured debts, like credit cards. However there is another type of debt called a secured debt that Chapter 7 will not (necessarily) discharge. A secured debt is a debt that is backed or "secured" by collateral. For example, your house is probably the collateral for the mortgage on it, and your car is probably collateral for the loan on it. Secured debts are generally not separated from the assets that secure them. That means that if you want your car loan discharged, you'll have to give back the car.
However, if you want to keep your car (or another asset) you may be able to negotiate an agreement with your creditors to "reaffirm" the debt. By reaffirming a debt, you agree to continue making payments in exchange for the right to keep your property.
Under a Chapter 13 plan, your debts are satisfied by the installment payments to the Chapter 13 Trustee. At your option, you may choose to give back ("surrender") collateral to your secured creditors. If you surrender property through the Chapter 13, you will cancel the debt on that property equal to the value of the property you are giving back. For example, if you decide to give a car back to the finance company, and the car is worth $8,000, then you will get $8,000 of your debt to that finance company canceled.
A typical Chapter 13 bankruptcy repayment plan is 36 to 60 months (3 - 5 years) long. During that time, the bankruptcy petitioner keeps current payments current, but makes monthly payments toward past due balances. Debts are prioritized, which means they are put into order by who gets paid when. Secured creditors (like the mortgage company) get paid first. Any income leftover goes to pay unsecured creditors (like credit card companies). If all payments have been made as scheduled, unsecured debt remaining at the end of the plan may be discharged.
Only the Bankruptcy Court must approve your plan. The Bankruptcy Court will approve your plan if:
If your plan lasts for a number of years, it may become necessary to purchase a different car, a larger house, or some other item that is needed for the well being of you or your family. You must petition the court for permission before making the purchase. If the judge feels the purchase is reasonably necessary, he will allow you to make the purchase on credit. This is especially true if the new debt doesn't impair your ability to make the installment payments in your plan.
Before you can get a discharge either in Chapter 7 or Chapter 13 bankruptcy, you must complete a Debtor Education Course. A Debtor Education Course is a personal financial management course required by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. So, you are receiving Counseling going into bankruptcy and debtor education coming out of it.
Taking a Debtor Education course after filing bankruptcy is a bit like taking Defensive Driving after getting a speeding ticket. The purpose is to teach you how to avoid making the mistakes that got you in trouble, and how to do things better the next time around.
Any kind of bankruptcy is complicated and paperwork intensive. A mistake in your Chapter 13 or Chapter 7 filing may result in your payment plan not getting approved, cause delays in the process, cost you your automatic stay, or even cause your case to be dismissed.
A local bankruptcy attorney can explain your options and guide you through the process, helping to ensure that all filing requirements and deadlines are met and that you've accounted for all of your allowable expenses and proposed a plan that will allow you to make payments while keeping up your regular expenses. We at The Wright Firm, L.L.P. highly recommend you contact a local bankruptcy attorney to evaluate your options.
Generally speaking, if you are filing for bankruptcy, you have probably already done damage to your credit rating. The effect a bankruptcy will have on your credit will depend on your present history and your situation. A Chapter 13 may stay on your credit history for a period of 7 years from the date of filing. A Chapter 7 may stay on your credit history for 10 years from the date you filed.
Yes, they CAN. Unless one of the spouses is a stockbroker or a commodity broker, a husband and wife can file a joint petition if both reside in, do business in, or own property in the United States. Whether they SHOULD is a difficult question that should be discussed with your attorney.
Filing a Chapter 7 will stop a foreclosure or eviction temporarily, but a creditor can usually get the court's permission to proceed fairly quickly. Filing a Chapter 13 will stop foreclosure and allow a mortgage arrearage to be cured through the Chapter 13 repayment plan. Keeping your home is one of the most critical procedures you will face in bankruptcy, and if you are a homeowner you should see an attorney, especially if you are in foreclosure.
You must remain current on your post-petition child support obligation. One condition of a discharge in Chapter 13 is that you MUST have paid all post-petition child support prior to the discharge. You also cannot get child support obligations discharged in a Chapter 7 bankruptcy.
The obligation to support your children is considered so important that the law will not let you out of it by filing bankruptcy.
Student loans are not dischargeable in a Chapter 7 bankruptcy case except under certain very narrow circumstances, but student loan debt may be included in a Chapter 13 repayment plan.
The following income taxes are priority claims and are not dischargeable:
If you file Chapter 13, your plan must provide for payment in full of these taxes. Penalties assessed on the taxes are not priority claims however, and can be reduced substantially. Once you have filed, the tax debt does not continue to accrue interest.
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These are tough financial times all around. If your debt has gone past the point where you can manage it alone, let The Wright Firm, L.L.P. help you get on track to a fresh financial start.
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Whether you have a little or a lot, let The Wright Firm, L.L.P. help you to protect your assets and provide for your loved ones down the road.
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