- DivorceAdditionally, our firm provides quality legal services in divorce and family law. We strive for timely resolution of difficult family situations with a minimal level of confrontation, particularly when children are involved. With the “clients’ interests at heart,†our firm handles divorce and property case, child custody and support, visitation, adoption, premarital and marital agreements, interstate and international divorce and custody, wills and estate planning and other family law matters. Our office specializes in aiding military families though the divorce process. Claire Mehaffey is married to a military officer and is extremely knowledgeable about day-to-day activities of military families that places her in a unique position to aid military personnel and their spouses through the divorce process.
- Child SupportIs simply the money paid by one or both parents of a child for the benefit of that child. Â Entering child support orders can be simple, however collecting is often a challenge. Â Family Courts across the state typically use the
- Child Custody and VisitationGenerally divorces with kids or suits affecting parent-child relationship require courts to determine which parent is able to determine where the children based on the “best interest of the child†standard.  In Texas, it is presumed that the parents should be appointed Joint Managing Conservators which allows both parents to generally have the same rights and duties, except one parent must have the exclusive right to determine the primary residence.  Other important rights and duties include the right to make education decisions, right to make medical decisions, and right to authorize and choose a counselor.  The only “exclusive†right that the Court is required to determine is which conservator (or parent) shall have the exclusive right to determine the primary residence. Â
- Adoption
- Spousal SupportThere is a presumption against spousal maintenance or alimony in Texas, but some recent changes to the Family Code has given spousal maintenance applicable in more cases.  Texas’ attitude towards alimony is far different than other states and is consistent with Texas’ conservative values favoring hard work over hand-outs.  The availability of spousal support increases with the length of a marriage and increases with one spouse’s legitimate inability to provide for themselves.  Spousal support, even when granted is for a limited time.  However, the restrictions on spousal support only apply to final orders.
- Criminal DefenseNot all criminal cases are winnable and more cases end in plea bargains than acquittals or dismissals.  It’s important to hire an attorney with significant trial experience that’s not afraid to fight your case in a court of law.  However, it’s also important to hire an attorney with significant enough trial experience that he knows when not to.  Criminal defense is typically not all or nothing.  Your attorney’s ability to negotiate an agreement in your criminal case is important.  Additionally, there is a third way of resolving cases known as an open plea.  An open plea is where a defendant pleas guilty to the offense and has a judge or jury assess punishment rather than taking his chances with a trial or accepting a plea bargain.  At first the idea of an open plea is counter-intuitive.  It requires a confession to the offense and does not secure a plea bargain.  If you think a lot can go wrong with an open plea because you’re handing the state evidence to use against you, you’re right.   However, with the right case and the right attorney an open plea should result in a lighter sentence than the plea bargain.  Achieving good results an attorney who can predict the Trial Court Judges’ behavior and accurately evaluate cases.  This takes practice and is something that new attorneys may find difficult.
- DUI/DWIThird degree felonies are punishable from 2 to 10 years confinement and up to a $10,000 fine. Â Some common third degree felonies are possession of a controlled substance between 1 and 4 grams, DWI 3
- Wrongful DeathThe Texas Wrongful Death Act grants certain family members of people who are fatally injured the right to sue for damages. Only spouses, parents, and children may file a lawsuit under the Texas Wrongful Death Statute. Â Like other injury cases in Texas there is a two year statute of limitations. Â However, exceptions to the statute of limitations are more common in wrongful death claims than in other injury cases. Â Wrongful death is treated as a serious matter by the courts and you should consult with an attorney even if the two year statute has passed. Â If two years has not passed then time is of the essence because your attorney will require time to investigate the case before filing it. Â In addition to a wrongful death lawsuit, the heir or personal representative of the estate of the deceased person may also be able to bring suit under the Texas Survival Statute. Compensation in a survival action is the damages that would have been available to the deceased person had he or she survived the accident which is slightly different than the damages allowed under the Texas Wrongful Death Act.
- Traffic ViolationsClass B misdemeanors include possession of marijuana, criminal trespass, theft of more than $100, but less than $750, prostitution, driving with a suspended license, and driving with license invalid 3
- Sex Crimes, evading arrest, assault of a public servant, deadly conduct, possession of child pornography, and indecency with a child by exposure. Â Although third degree felonies have longer punishment ranges than state jail felonies they often result in more lenient punishments because a person who is confined for a third degree felony will usually be up for their first parole hearing when 1/8
- RobberyCapital Offenses in Texas include felony murder which is murder committed in the course of another felony, murder of two or more people, murder of a public servant, and murder as retaliation for a public duty, murder of two or more people, and murder for hire.  Felony murder is the most common and it includes home invasions and convenience store robberies where someone is killed in the course of the robbery.   Often the prosecution will waive the death penalty and proceed with a “capital life†case.  This means that if the accused is convicted he or she will serve the rest of their life confined without the possibility of parole.  Often death penalty cases are reduced to regular murder by a plea bargain and the accused serves a term of years and are eventually eligible for parole. Â
- BurglaryNon deadly force may be used to protect property to prevent trespass or unlawful interference with one’s property, or to recover property if the actor is in fresh pursuit of the thief.  Deadly force may be used to prevent the commission of a burglary, robbery, theft during the nighttime, or vandalism during the nighttime, or to prevent a person from fleeing immediately after committing a burglary, robbery, or theft when the use of non-deadly force would expose the actor to a substantial risk of serious bodily injury.  Â
- Theft
- MisdemeanorsA felony is a crime punishable by more than one year confinement. Â Unlike misdemeanors people accused of felony offenses have a constitutional right to counsel and have a right to have an attorney appointed if they cannot afford one. Â In Texas there are four basic levels of felony offenses, a first degree felony, second degree felony, third degree felony and state jail felony.
- EmbezzlementThe most obvious financial crime is theft. Â The Texas Penal Code defines theft broadly to include receipt, or possession of stolen property. Â However, you must know the property is stolen to be guilty of theft. Â The Texas theft statute found in section 31.03 of the Texas Penal Code is a long and confusing statute and jury instructions in a theft case can be more confusing. Â The broad definition of theft in the penal code makes conviction for theft far easier than one would think. Â More significantly even minor theft convictions may bar employment years or even decades later. Â Theft cases are often among the easiest cases for the State to prove because they are often captured on video and there are often eye witnesses to the transaction in question. Â However, embezzlement cases are often harder to prove. Â
- Drug CrimesDrug cases have a story. What happened before and after the drugs were found is relevant to your defense. Â For example drugs found from the search of a house are often found in common areas, shared bedrooms, or hidden in a place where no one has quick access. Â Whose drugs are they? Â The state must prove knowing care, custody, and control for a conviction. Â The same thing applies to vehicle stops. Â Often the drugs are found in a console, or under a seat where no one has quick access, or in a hidden area with no indication of how long the drugs have been there. Â Because of this ambiguity officers will often want more evidence than what is available to them at the scene of the arrest. Â Paraphernalia including baggies, scales, money, pipes, and needles will likely be collected in order to build a more solid case. Â
- AssaultFirst degree felonies are punishable by confinement from 5-99 years or life in prison. Â However, probation is available for all first degree felonies except murder. Although first degree felonies are the highest level of felonies which are common in Texas all first degree felonies are not alike. Â Â First degree felonies include murder, sexual assault, aggravated assault of a public servant, theft of over $300,000, possession with intent to deliver over 4 grams of a controlled substance, or possession of over 200 grams of a controlled substance. Â Â
- MurderOf their sentence before becoming eligible for parole. Â The list of aggravated offenses is found in the Texas Penal Code in section 42.12 (3) (g). Â This list includes, murder, aggravated robbery, all first degree felony sex offenses, aggravated assault with a deadly weapon, and first degree injury to a child or injury to an elderly individual. Â A case that is traditionally non-aggravated such as deadly conduct, which is a third degree felony, may be aggravated if the Court makes a weapon finding. Â
- ArsonSecond degree felonies are punishable from 2 to 20 years confinement and up to a $10,000 fine. Â Second degree felonies and higher are include the types of activities that have historically been considered serious crimes. Â These crimes include burglary, robbery, sexual assault, arson, aggravated assault, and 2nd degree murder, indecency with a child by contact, possession of 1-4 grams of a controlled substance with intent to deliver, and possession of a controlled substance of 4-200 grams. Â A person convicted with a second degree felony is more likely to receive a sentence of confinement than a person convicted of a third degree felony.
- ForgeryThere are a wide variety of state and federal financial crimes. Â Exposure for financial crimes can vary from a fine to multiple life sentences. Â In Texas the majority of financial crimes charged are minor felonies. Â Financial crimes include theft, forgery and fraud. Â Â Other related crimes include fraudulent use of identifying information, and unauthorized use of a motor vehicle. Â
- Prostitution.  Class B cases are remarkably challenging at trial considering the minor nature of the offense.  This is because they don’t involve the types of offenses were recantations are common, and often there is not a viable third party scape goat the defense attorney can blame the offense on.  Prostitution and theft convictions are particularly damaging to employability and DWI cases are expensive.  The good news is that B misdemeanor DWIs are among the hardest cases for the State to prove.  Convictions for DWIs are historically low where the prosecution must rely solely on officer testimony and standard field sobriety testing (SFSTs),  Further, illegal searches and seizures in class B misdemeanor marijuana cases are about as common as they are in more serious cases.  Finally, many counties offer pretrial diversion programs which are well suited for a class B defendant who on the one hand is accused of a case that is easy to prove, and on the other has little or no criminal history. Â
- Workers Compensation. Â This is why a disproportionate amount of oilfield employers are subscribers of qualifying Texas Workers Compensation Insurance that protects them from personal injury lawsuits. Â An experienced attorney can evaluate your claim arising out of the oilfield and determine whether or how you can succeed in your lawsuit.
- Real Estate Litigation
- Premises LiabilityProperty owners have a duty to provide a safe environment for their visitors. When they fail to do so, and an individual is injured on the property then the landowner and/or person or entity responsible for the upkeep of the property may be held liable. Â Often these cases have multiple defendants that point the finger at each other in an attempt to avoid responsibility. Â Control over the property is sometimes more important than ownership of the property in determining liability.
- Construction LitigationBut involve a setting where injuries are common. Â Construction litigation also may enable the plaintiff to establish a higher standard of care or duty to exercise reasonable care than in some other industries where accident are less common and less preventable. Â
- Personal InjuryOur firm also handles business litigation, including breach of contract. As with personal injury claims, the best result in business litigation are achieved when the client and attorneys are ready, willing and able to go to trial. For that reason, our lawyers diligently prepare each case for trial while simultaneously looking for opportunities to reach a fair and equitable pretrial settlement.
- Medical MalpracticeEstimates of yearly deaths from medical malpractice vary widely and the actual total may be higher than 400,000/year. Â Essentially medical malpractice occurs when a patient is injured as a result of a health care provider breaching the appropriate standard of care. Â Although this sounds easy to prove an expert witness is necessary to establish the applicable standard of care making medical malpractice cases expensive for attorneys. Â
- Auto Accidents
- Estate PlanningEstate Planning is the process by which a person determines how the property that he or she owns on Death is distributed. There are two ways to do Estate Planning. The first way is to have properly a drawn will specify how your property will be distributed. The second way is to not have a will and let the State of Texas decide how your property will be distributed through the laws of descent and distribution. This means that the laws of descent and distribution in effect at the time of your death will determine how your estate is distributed.
- Wills