Dallas Lawyers Magazine February

DALLAS COUNTY EDITION VOL.I FEBRUARY 2018 | WHAT GREAT MINDS ARE THINKING

MAGAZINE

Top Criminal Trial Attorney

1

CONTENTS

4

6

12

Our Recommendations

Pg. 4 Help! I Am Behind on My Mortgage!

Many people have found themselves in a scary situation where they are behind on their mortgage payments. You are not alone.

Pg.10 Ten Question to Ask Your Potential Lawyer Lawyers will often provide a free or very low-cost consultation to discuss the details of your situation and give you an opportunity to ask some basic questions about the attorney.

Pg.12 Who we recommend for Judge www.DallasLawyersMagazine.com 2

About the Author Ms. Pettit has been selected for inclusion in Texas Super Lawyers - Rising Stars Edition for the last three years; was named the 2017 Outstanding Young Lawyer of Texas by the Texas Young Lawyers Association; was selected as the 2017 Outstanding Young Lawyer in Dallas by the Dallas Young Lawyers Association; was selected as the 2017 Outstanding Young Lawyer in Texas by the Texas Young Lawyers Association; was selected as the first runner up for 2017- 2018 Outstanding Young Lawyer in the Nation by the American Bar Association; was chosen by her peers as one of Dallas’ Top Attorneys in Real Estate for the last two years in D Magazine; and was recognized as a Best Lawyer Under 40 for 2018 in D Magazine.

Ms. Pettit earned her J.D. at Southern Methodist University Dedman School of Law and her B.A. from Texas A&M University.

Julie.Pettit

is a trial lawyer with

The Pettit Law Firm in Dallas, Texas, where she focuses on real estate litigation. She has successfully obtained over one hundred temporary restraining orders in state court. Her litigation experience spans federal and state court and includes complex real estate disputes and all types of civil law. She has also been widely published and is a frequent speaker on real estate issues and complex civil issues.

Julie Pettit The Pettit Law Firm 3710 Rawlins, Suite 1050 Dallas, Texas 75219 (214) 329-0151 Office jpettit@pettitfirm.com

Ms. Pettit serves on the board of the Dallas Women Lawyers Association, is a Co-Chair for the Mentoring Circles Committee of the Dallas Association of Young Lawyers, is on the Trial Skills Boot Camp Committee for the Dallas Association of Young Lawyers, and is a Barrister in the William “Mac” Taylor Inn of Court. www.DallasLawyersMagazine.com

3

Help! I Am Behind on My Mortgage!

Many people have found themselves in a scary situation where they are behind on their mortgage payments. You are not alone. When you get behind, you may not know what to do or who to turn to. For this reason, we have developed this step-by-step guide to give you the knowledge you need to move forward confidently.

Step One: Evaluate Your Financial Situation When you are behind on your mortgage, it is important to take a moment to analyze your financial situation. You should consider why you were unable to make the payments you missed. Was there an unanticipated expense that occurred in the past few months? Has there been a change in your household’s income? Can you catch up on your past due amounts? Will you be able to make your future mortgage payments as they become due? These are some questions to think about. If you are able to bring your loan current, you should do so right away.

If you are unable to bring your account current, you need to go to Step Two. Step Two: If you want to keep your home, apply for a loss mitigation option.

Once you have evaluated your financial situation, you should contact your bank immediately. A representative from your bank should be able to provide you with the options they have available to address the problems you are facing with your mortgage. Depending on your situation, some of the following options or combination of options may be available from your bank:

Loan Modification: A loan modification is a long-term solution to meeting your financial needs. A loan modification will modify your current mortgage by reducing your monthly payments through a change in your interest rate and/or extending the term of your loan.

Forbearance: A forbearance agreement is a short term solution to bring your mortgage account current. A forbearance agreement is an agreement between you and your lender to reduce or suspend your monthly payments for a set amount of time.

The lender will agree to delay foreclosure proceedings during this time, but you will eventually have to catch back up on the payments.

Reinstatement: A reinstatement is a way for you to pay the past due balance of your mortgage and bring your account current. Once your mortgage account is reinstated and the past due balances are paid, you will continue your regular monthly mortgage payments.

Repayment Plan: A repayment plan is a way for you to spread the amount you owe over a period of time. In a repayment plan, you pay your monthly mortgage payment in addition to the monthly past due amount under your plan.

If you apply for a loan modification or another loss mitigation option and it was approved, great!

You can get back on track.

www.DallasLawyersMagazine.com

4

IF YOU ARE SUED IN CIVIL COURT

DO I HAVE INSURANCE? First, READ IT! Find out what it’s about. If the lawsuit is about an

Last year, over 100,000 applicants, plaintiffs, and

automobile collision you caused, or an accidental injury at your

petitioners filed lawsuits in Dallas County. We’ll probably

home or your business, you might have an insurance company

see more next year. If one of these lawsuits hasn’t yet

with a duty to guts. gather in a week’s episode. Defend you

landed in your lap, one day, it probably will.

in the suit. If the suit concerns a car wreck, call your auto insurance agent.

If the suit claims an injury on your

You’ll want to know what happens next. Read on. Most

property, call your homeowner’s insurance company. If your

of us feel like Walter Mitty. We picture ourselves in a

policy covers the claim, the insurance company has a

packed Courtroom, hushed with expectation, matching our ready wits with the balky witness, the arrogant attorney, or the tyrannical judge. We imagine a lawsuit to

DUTY to defend you (at their expense). Sometimes your insurance company must provide your legal defense even if they question

coverage for the claim, or contest your

liability. While this doesn’t make your lawsuit any more fun,

resemble what we see on TV, all signed, sealed, and tied

at least someone else pays your lawyer. If insurance does

to WELL IT ISN’T

not cover the claim in the lawsuit, (or if your insurance company

denies

coverage),

call

a

lawyer

A lawsuit is just like major surgery. It hurts, it steals your

immediately.

time and invades your privacy; it frequently humiliates,

themselves in court (corporations can’t!), do you really want

and it costs lots of money.

to be faced with prospect of defending yourself in front of

The only difference:

surgery, you at least get an anesthetic.

with

In a lawsuit,

you’re wide-awake, and that doesn’t count sleepless night.

While

individual

people

can

represent

the judge and jury?

ANSWER Remember, once served, you have a strict deadline to respond with a written Answer.

SERVICE OF CITATION Often, you first learn someone has sued you

when a

Under the Texas court

rules, you must file your answer no later than the Monday following twenty days after service.

(A Justice Court or

process server comes to your door to hand you the

Small Claims case, the Monday following ten days.)

lawsuit.

Answer may take several forms. Most Answers in Texas

I have had several clients call me when a

uniformed stranger comes to their door and ask whether

simply

they should answer the door. In Texas, more often than

Denial]. However,

not, a licensed Constable or other officer is ringing your doorbell. They simply deliver a copy of the lawsuit. A process server with a Civil lawsuit will never arrest

“deny”

the

Plaintiff’s

sometimes

claim

[a

An

General

you have to state your

intent to use certain defenses [Affirmative Defenses]. You must include any claim you might have against the person suing you [Counter-Claims]. You might need to sue some additional parties, who should share some, if not all, of the

you. However, many private process servers don’t have

damages claimed against you. Certain matters you might

to wear a uniform.

include in you’re answer require you to “Verify,” or sign

Only if properly identified as a

Constable or Private Process Server should you answer

under oath before a Notary Public.

the door, accept the copy of the lawsuit. Otherwise, he or

progresses, your Answer and other pleadings before the

she will make three attempts, leaving a card each time.

After the third attempt, you might later find the

lawsuit lawfully taped to your door.

You’ve been

As the lawsuit

Court might require amendments, or supplements, so that information obtained during Discovery can work to your advantage once you get to Trial.

“Served.” Now, the big question: What do I do?”

www.DallasLawyersMagazine.com

5

What if I don’t Answer? That’s easy. After the deadline, the Court can grant a Default Judgment against you, without further notice. The Default Judgment will contain everything the Plaintiff ever dreamed of. Until you fully pay the Judgment, with interest, the Plaintiff can:

MEDIATION OR SETTLEMENT

▪ Send a Sheriff to seize your property, auction it off, and give him

find

the money.

▪ File a Judgment Lien against your real estate, so you can’t sell it

In Texas, almost every Judge will require the parties to attempt to settle their differences before trial, usually by assigning a Mediator.

The Mediator will attempt to

a resolution enabling the parties to avoid a

trial. Everything told to the Mediator is confidential, and

without paying the Judgment.

the Mediator may never be called to testify as a

▪ Garnish your bank accounts. Execute on your bass boat and lake

witness. Mediators charge a fee for their services. Most

house.

cases can be mediated in a half-day session. Rarely

▪ Require you to turn over such assets as Stocks, Royalties, and other claims you might own. [That means take 'em];

does Mediation require longer than one full day. The

▪ Mess with your credit record for years.

Court can punish a party that refuses to participate in

Still sound like fun?

Mediation.

DISCOVERY

MOTIONS

Discovery causes the most expense, consumes the most time,

Whenever a party refuses to cooperate with Discovery,

and incurs the most frustration and embarrassment in a

or whenever any emergency or other unusual fact

lawsuit. Each side gets to find out what the other side knows, or

circumstance requires some unusual Court procedure,

will attempt to prove at the trial. In “Discovery,” the other side

the Court will hear and decide a “Motion.” These might

can inquire about everything that relates to the claims,

require a party to answer Discovery, to take or refrain

cross-claims, and damages in the lawsuit. They can inquire about

from taking some action (injunction), to seek permission

things unrelated to the lawsuit, if they might lead to discovery of other things that do relate. Much discovery is done in writing, such as Interrogatories, and Requests for Disclosures (written questions and answers), Requests for Production (exchanging copies of documents), and Requests for Admission (admitting or denying certain specific facts). A Deposition takes oral testimony taken under oath in front of a Court Reporter. Most depositions take place in the conference room of one of the lawyers, and the

to add a claim or another person, or to limit or exclude a witness, or allowable testimony, at trial. A party must file a Motion to request a change of attorneys, for example, or to delay a trial setting. Motions almost always add to the delay and cost of a lawsuit, and a skilled attorney will use only those that are absolutely necessary to protect your rights at trial.

lawyers can ask the witness anything relevant, or closely relevant, to the lawsuit. The deposition preserves the testimony of the witness, in case of unavailability later on, or if subsequent testimony conflicts.

MEDIATION OR SETTLEMENT

TRIAL The “Trial” is the actual occasion at which the Judge or Jury hears the facts of the case, and makes its decision.

At Trial, each side presents his or her

In Texas, almost every Judge will require the parties to

evidence and witnesses, and cross-examines the other

attempt to settle their differences before trial, usually by

side’s

assigning a Mediator. The Mediator will attempt to find a

conduct “Voir Dire,” in which they meet with a large

resolution enabling the parties to avoid a trial. Everything

group of prospective jurors, for the purpose of excluding

told to the Mediator is confidential, and the Mediator may

those who might be unsympathetic, or prejudiced,

never be called to testify as a witness. Mediators charge a

against a party or claim.

witnesses.

Before a Jury Trial, the parties

fee for their services. .

www.DallasLawyersMagazine.com

6

The actual jury comes from those not excluded. A jury decides most fact issues, by answering specific Jury Questions about the evidence presented. Otherwise, the Judge decides all issues at trial. In many large counties with busy Courts, including Dallas, no lawyer can predict how long it will take for a lawsuit to come to trial. In Dallas County, a case rarely starts trial on its first setting. Because so many cases settle or need delay right before trial, Courts overbook their dockets like airline flights. In many Courts, a case scheduled for trial will have several passed trial settings BEFORE THE CASE ACTUALLY GETS TRIED. One can wait up to two years, or more, before a trial actually occurs.

APPEAL Either party, [usually the Big Loser], has 30 days from the day the Judge signs the Judgment to appeal the ruling. This deadline can be extended by a Motion for New Trial, if the circumstances of the trial warrant. Good reasons for a new trial might include jury misconduct, or new evidence previously concealed.

CONCLUSION Being sued is no fun [except occasionally for a twisted attorney]. Knowing what to expect and having experienced

JUDGMENT

legal representation can help you get through the process in

After the trial, and after a Jury has answered its Jury

one piece.

Questions, the Judge of the Court will enter Judgment

By Stuart Evan Glass, J.D.

for the winning party.

The Judgment might include

money damages, interest, attorney fees, and costs of trial. Or, it could say, “Take Nothing!�

iTRUST LEGAL

TM

Finding Great Legal Help Made Easy.

www.DallasLawyersMagazine.com

7

www.DallasLawyersMagazine.com

8

9 www.DallasLawyersMagazine.co

Ten Questions to Ask Your Potential Lawyer Lawyers will often provide a free or very low-cost consultation to discuss the details of your situation and give you an opportunity to ask some basic questions about the attorney. This meeting should not only help you decide whether to go forward with a lawyer in general, but also whether you should proceed with this lawyer. If you later decide to hire the lawyer, you will go into a more detailed discussion of your case and ask more specific questions along the way.

Generally speaking, you'll want to have a list of questions in mind to ask during the meeting. Also, you should feel comfortable enough asking questions that relate to the lawyer's expertise, experience, fees, special knowledge, and management of the case.

Below are ten questions to ask your potential lawyer.

1. How long have you practiced law?

At a minimum, you'll want to know about the lawyer's expertise and whether the lawyer is a veteran or beginner attorney, for instance. Your legal issue may very well be handled by someone who is fresh out of law school, (or not). It all depends.

2. What type of cases do you generally handle?

What percentage of your practice is devoted to (the practice area in question)?

You'll also want to know about a lawyer's expertise and how much of the attorney's practice is devoted to topic area your legal issue falls within.

For example, if you need help with an adoption case, you may wish to seek a family law lawyer who has worked on, well, adoption cases.

3. Who is your typical client?

This is an important, but often-overlooked question. For example, if you are an individual with a particular legal problem, but the attorney your meeting with represents only corporations, this may not be the best lawyer for you. Likewise, you may wish to know the financial background of some of the lawyer's clients. This is because there may be different issues a lawyer is used to factoring when working with high net-worth individuals vs. college students.

4. How many cases have you represented that were similar to mine?

Now is not the time to act shy. Feel free to ask about the attorney's track record, such as the number of cases won or settled, for example.

5. Other than a law degree, what kind of special training or knowledge do you have that might apply in my situation?

Some cases, like DUI and patent cases, require specialized training and knowledge for effective representation. Be sure to inquire whether your case fits into that category.

6. What are your attorney fees and costs, and how are they billed? Will a portion or all of my case be handled by paralegals or legal assistants? If so, ask about reduced costs.

This step is obviously an important one. You'll want to know whether you can afford the lawyer's services and how you will be required to pay. This is also the time to ask about payment options and how often, and under what circumstances, you will be billed.

7. What is your approach or philosophy to winning or representing a case?

This can be important in two ways. First, if you are seeking an amicable divorce, for example, but the attorney is known to "go for the kill" in divorce cases, the attorney may not be the right one for you.

Similarly, if you're looking for an aggressive attorney to handle an upcoming corporate merger, for example, you'll want someone who isn't afraid to push the envelope, so to speak.

8. Are there others ways for solving my legal problem?

Go ahead. Ask the professional whether there are any alternatives for solving your legal problem, such as through arbitration or some other out-of-court arrangement. A good attorney will generally inform you if your case can be handled through other less expensive and time consuming means. www.DallasLawyersMagazine.com

10

9. How will you let me know what's happening with my case?

Communication is key when working with a lawyer. Ask the lawyer how often and under what circumstances you will hear from him or her. You'll want to know how your case is coming along and about other important dates.

10. What is the likely outcome in my case?

Generally speaking, it is fair game to ask the attorney whether you have a good chance of winning your case. You are not looking for the "right" answer, just an honest one. For instance, if you're facing an uphill battle in, let's say, a nasty divorce situation, you'll want to know up front from the attorney so you can prepare yourself for what lies ahead.

While the answers to questions you ask your lawyer will vary widely, it is important to keep in mind that nothing should be taken as a guarantee. Instead, these questions should give you general knowledge of a specific lawyer's experience and skill-level, and whether the lawyer is a good fit for you.

Public Service Information on Legal Talk 360 on KHVN every Saturday 12-1 PM with host Al Green Special guest Judge Martin Hoffman

www.DallasLawyersMagazine.com

11

DALLAS LAWYERS MAGAZINE

We recommend the following candidates for Judge in the March 6, 2018 Democratic primary. Join us in keeping our court system moving forward with equality and justice for everyone at the highest level.

CIVIL COURTS

CRIMINAL COURTS

MARTIN HOFFMAN– RE-ELECT

JENNIFER BENNETT RE– ELECT

FOR DISTRICT JUDGE

FOR DISTRICT JUDGE

JUDICIAL DISTRICT 68th

JUDICIAL DISTRCIT 265th

KEN MOLBERG -OPEN SEAT

JEANINE HOWARD –RE-ELECT

JUSTICE, 5th COURT OF APPEALS

FOR CRIMINAL DISTRICT JUDGE

DISTRICT PLACE 13

COURT NO. 6

DALE TILLERY– RE-ELECT

TAMMY KEMP RE– ELECT

FOR DISTRICT JUDGE 134th

FOR DISTRICT JUDGE

JUDICIAL DISTRICT

JUDICIAL DISTRICT 204th

KEN TAPSCOTT-RE-ELECT

LELA D. MAYS– OPEN SEAT

FOR JUDGE COURT AT LAW NO. 4

FOR DISTRICT JUDGE JUDICIAL DISTRICT 283

www.DallasLawyersMagazine.com

12 12

www.DallasLawyersMagazine.com

1313

She wasted no time and was determined to decrease those numbers. Judge Bennett impres-

sively did just that by applying her experience in court and dock management and decreased backlog numbers by 50%. Saving tax payers $1.5 million annually.

(judgebennett.com)

Currently

Judge

Bennett ranks in the top three most efficient judges in Dallas County. Many may wonder how does one achieve such things. Judge Bennett’s ethos and courtroom management are the answer. When In

the

times

of

hashtags

such

as

asked about the significance of keeping jail num-

#BLACKLIVESMATTER and #TIMESUP, many feel that

bers down she

there is a new hope in the atmosphere. People

spe-

denied.” She relates it back to her experience as a

gender

prosecutor. While working as a prosecutor, she no-

feel that it is a new day where one can really do any-

ticed that those in jail were willing to plead guilty

thing one sets out to do. Oprah Winfrey’s riveting

and

speech at the Golden Globes made everyone feel on

they lingered behind bars. Bennett says, “That’s not

top of the world. Influential people like Alicia Garza,

justice, that’s intimidation by the system on the

Patrisse Cullors and Opal Tometi, who together creat-

powerless.”, which is why it was one of her mis-

ed the “BlackLivesMatter” movement that caught the

sions to change the idea that those behind bars are

world’s attention, made young black boys feel that

able to make rational decisions about their guilt

someone was out their fighting for them. While these

while in jail.

cifically of African descent and of the female

asserts, “Justice delayed is justice

plea-bargain their lives away the longer

are all very notable and admirable instances there is

Later in the year 2014, she ran for and won

another woman who embodies the essence and pas-

judge of the 265th Judicial Court with an astound-

sion of all these. She is a women of hope, second

ing 37,000 plus votes. Not only did she win with

chances, and gravitas. Judge Jenifer Bennett, the judge of the 265th Judicial District Court, started as an assistant

district attorney in Harris and Dallas counties

under the leadership of Craig Watkins. There she worked as a homicide liaison. As a homicide

liaison,

she worked alongside police agencies to deliberate the charges that would be made in

cases and later pre-

sented them to the grand jury.

Later in the year 2014, she ran for and won judge of the 265th Judicial Court with an astounding 37,000 plus votes. Not only did she win with over 37,000 votes showing the support from the community, but in her tenure judge has dominated a court that was known to many by having a tremendous backlog of citizens waiting for trial.

over 37,000 votes showing the support from the community, but in her tenure judge has dominated a court that was known to many by having a tremendous backlog of citizens waiting for trial.

This means that while many judges work from behind the bench, she does both. She works directly with the offenders, and their families, with a rehabilitating approach. “I believe that the criminal justice system needs to be smart on crime by putting violent offenders in prison and by rehabilitating those who can return as productive members of society.” (Judge Jennifer Bennett). To this end, Judge Bennett leads an aftercare court for both men and women diagnosed with mental illness and drug addiction. www.DallasLawyersMagazine.com

14

After completing the program, the judge and her team works with the patients to help them back into society and sustain from drugs. Moreover, one of the things that Judge Bennett is proudest of as a judge is the efficiency of her court. When asked why she stated “it is because it deals with due process in most cases of those that can least afford it in our society.... Justice should always represent the equity in our society that everyone has an opportunity to defend themselves and have a proper defense.”

These are the words of a true and passionate judge. Even after all the work that Judge Bennett has done, she is just getting warmed up.

She is a woman of action and takes what she does seriously. Humble, substantious, tenacious, and downright keen! Whether black or white, each life has always mattered to her. Whether woman or a man, justice for all is how Judge Bennett leads her courtroom.

Edward Michael Staff Writer

I’m Scottie Allen Criminal Trial Attorney with 25 years experience. I have work on opposing side in the court room when Judge Jennifer Bennett was a Dallas County Chief Prosecutor appointed by Craig Watkins. I have also appeared before her with my clients as a Dallas County Judge in Criminal District Court 265th . I can say Judge Bennett understanding and application of the law servers Dallas County at the highest level. I support her reelection Judge Bennett she is known for fairness and respecting victims and accused with compassion and integrity . Scottie D. Allen Criminal Trial Attorney

www.DallasLawyersMagazine.com

15

PLEASE TAKE NOTE OF THIS ADVICE. A wide variety of people are arrested every day and the majority of the individuals make the same mistakes which make there situation even worse. Many of these reactions are understandable; however, some defy logic and reason. Nobody plans on being arrested, but you may be arrested for simply being in the wrong place at the wrong time. Share this with your colleagues, friends and family because it will come in handy for many of you. The basic rule is to simply listen to the officer and do as your told, “Put Your Hands Behind Your Back” and do NOT do any of these Ten Things:

1. DON’T TALK. Do not say a word to the officer. You have a right to remain silent – take advantage of it. I cannot stress to you the importance of this rule. Do not talk! Do not attempt to convince the officer of your innocence.

Everyone is innocent, no one should be arrested and no one should be in jail and that is all the officer hears all day every day. He/she does not care generally whether you are innocent or guilty and there is nothing that he / she can do at this point. Most times, when

Top Criminal Trial Attorney Scottie D. Allen 3. NEVER RESIST ARREST. Perhaps the most important thing not to do is touch the police officer at all! Follow what the officer says. Fight your case, not the officer. You will lose a fight against an officer. Many people attempt to bump the officer or swat an officers hands away. This often becomes over-reported by the officer and the swatting becomes hitting which falls under the assault statutes and now a minor misdemeanor arrest becomes a FELONY.

people speak to officers they say something that makes their situation far worse. Keep your mouth shut;

4. DON’T BELIEVE THE POLICE –

THEY LIE.

there will be plenty of time to talk later.

It is perfectly legal for the police to lie to get you to

2. DON’T RUN.

make an admission. In fact they are trained to lie to

I said above to listen to the officer and follow his/her

Technique where you lie about having witnesses or

instructions. If you run, not only could there be

video tape or fingerprints or DNA. The police

additional charges, but if the case goes to trial, then

frequently separate two friends and tell one the other

the Government may be able to get a special Jury

one “ratted” him/her out (i.e., told on you). Because

instruction which would be read to the Jury called

of the lie, the other friend now rats the first friend out.

“consciousness of guilt” whereby the Jury is told

Police and detectives also state that “it will be

basically “guilty people run, innocent people don’t”.

easier” to talk now…LIES!!! DON’T BELIEVE THE

Also, police become highly suspicious that someone

LIES! It will only be easier for the police to prove

running has a weapon and may be quick to draw their

their case!

weapon.

you to get the confession. It is called the Reid

www.DallasLawyersMagazine.com 16

5. NO SEARCHING. Do not allow the police to search anywhere! If the police officer asks, they do not have the right

8. IF POLICE COME TO YOUR HOME, DO NOT LET THEM IN AND DO NOT STEP OUTSIDE YOUR HOME

to search and must have your consent. If you

If the police are confident you have committed a felony,

are asked make sure you proclaim to any

they are coming in anyway, because they generally don’t

witnesses that “You (the police) do not have

need an arrest warrant. Make it clear to the police by

consent to search.” If they perform the search

stating: “No you may not come in”, or “I am comfortable

anyway, that evidence may be thrown out later.

talking right here”, or “You need a search warrant to

Also, if you consent to a search, the officers may

enter my home.” If they return, your attorney can arrange

find something that you had no idea you or

for you to turn yourself in should that be necessary and

someone else had placed there, i.e., marijuana

you will spend no time in jail between the hearings.

left by a friend.

6. DON’T LOOK AT PLACES WHERE YOU DON’T WANT POLICE TO SEARCH.

Police are trained to watch you and react to you.

9. IF YOU ARE OUTSIDE YOUR HOME AND ARRESTED, DO NOT ACCEPT AN OFFER TO GO BACK IN YOUR HOME FOR ANYTHING.

They know that you are nervous and scared and

The officer may say to you, how about you go inside and

many people look to the areas that they don’t

change, freshen up, talk to your wife, husband, get a

want the police to search. Do not react to the

jacket, or provide you with any other reason. The police

search and do not answer any questions. LOOK

will graciously escort you in and then tear your home

DOWN AND KEEP YOUR MOUTH SHUT!!!

apart searching through it. Also, do not let them secure your car. Your car is fine. Remember they are lying to you. They don’t give two hoots if you are really cold or if you need to talk to your wife or husband.

7. DO NOT TALK SMACK TO THE POLICE. I don’t care if you have been wrongly arrested and

10. DON’T SAY A WORD.

the true culprit is standing in front of you. Don’t

It’s incredible how many people feel that they can convince

talk smack! Police hear all day that my dad is the

the officer, the booking officer or a detective (if your case

Governor’s Assistant’s Intern and I will have your

reaches that stature) that they are not guilty. YOUR CASE

badge for this! Police have a lot of discretion in the

IS NOT DECIDED BY THESE PEOPLE. They have no

upcoming charges brought and how it all develops

affect on guilty or not guilty. Wait to speak to your lawyer!

in the system. Police can add charges, change a

The courts and juries in particular give enormous weight to

misdemeanor to a felony, and will even talk to the

“confessions” during this stage. A suspect is almost NEVER

prosecutor that is ultimately prosecuting you.

released after being arrested.

www.DallasLawyersMagazine.com 17

Understanding Your Eviction Notice

Talk to Your Landlord

If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Texas, you would generally receive one of two types of eviction notices, depending on the reason for the eviction:

If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.

Three-day notice to vacate: With this notice, you have three days to move out of the rental unit (see Tex. Prop. Code Ann. § 24.005).

Thirty-day notice to vacate: This notice can only be given if you have a month-to-month rental agreement. With this notice, you have 30 days to move out of the rental unit (see Tex. Prop. Code Ann. § 91.001).

It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not move out of the rental unit by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you.

Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.

Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.For more information on the evictions in the state, see The Eviction Process in Texas. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.

If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.

Keep in mind that, in Texas, your landlord is not required to stop the eviction if you pay your rent or fix a lease violation.

Once the landlord gives you an eviction notice, the landlord can proceed with the eviction no matter what you do. Because of that, if you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.

Attend the Eviction Hearing If you do not move out of the rental unit and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer in response to your landlord’s complaint. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord evicting you in retaliation to something you did.

In Texas, a landlord cannot evict you for exercising a legal right, such as asking the landlord to make necessary repairs at the rental unit (see Tex. Prop. Code Ann. § 92.331). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Texas. You should also contact a lawyer to ensure you are using the best defenses available to you.

The court will schedule a hearing where you and the landlord can present your cases to a judge. Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.

www. DFWRealEstateServices.com Save on Realty Fees. Buying , Selling or Rental. www.DallasLawyersMagazine.com

18

www.DallasLawyersMagazine.com

1919

iTRUST LEGAL

TM

Finding Great Legal Help Made Easy.

www.DallasLawyersMagazine.com 20