FAQ
Personal Injury
I have been involved in an accident, what do I do?
First, stay calm. Accidents happen to everyone. No matter how careful you are or how good of a driver you are, things happen. Second, make sure you safely get out of the car and observe the scene; take pictures; get the names of any witnesses and their contact info; get the other driver’s identifying and insurance policy information; and call the police. Do not leave the scene until the police arrives and makes a report. Also, call an attorney immediately to prevent damaging your case.
Who pays me for my damages when I get in an accident?
When you are involved in an accident, the at fault party’s insurance company will pay for your property and personal injury damages. If the at fault party does not have insurance, sometimes your own insurance company will pay you without raising your premiums.
Do I need an attorney to receive damages from the insurance company?
No, but it is best if you hire an attorney. Insurance companies want to pay as little as possible. And when they know they are dealing with a person who is not familiar with his/her rights, they can pay you much less than what you deserve.
Will I have to go to court?
It is rare that a personal injury case will go to court. Insurance companies will often settle a case before having to go to court.
Criminal Law
Can I record the police?
Yes, and it is recommended that you do so.
I have been arrested and facing criminal charges. Can I represent myself?
You have the right to represent yourself. However, it is strongly recommended that you hire an attorney. It is not easy to represent yourself in a criminal case against the State when the State has full- time prosecutors whose jobs are to give people the harshest punishment possible.
If I plead not guilty or nolo contendere (no contest), will I still have a criminal record?
Pleading not guilty or nolo contendere does not prevent you from having a criminal record. You will have a criminal record whether or not you plead guilty or serve any jail. You will have a criminal record even if you do not serve any time in jail or even if your case is dismissed. However, you can clean your record through an expunction.
Can I clean my criminal record?
Many cases can be permanently taken off your record through a process called expunction. One of the reasons why you should hire an attorney from the time you have been arrested is because most attorneys know how to keep you case eligible for an expunction. Make it a point of emphasis to your attorney that you will want any records from your arrest permanently expunged.
Family
Can I file for divorce even if my marriage has no major problems?
Anyone can file for a divorce. Although it is recommended by the A.T. law firm that couples work out issues without a divorce, especially if there are children involved, a divorce can be granted even if the marriage has no issues. Although a no fault marriage was harder to obtain in the past, in today’s age a divorce can be granted for the simple reason that one spouse simply does not like the other.
How does the court determine the custody of children and child support?
Generally, the court has discretion to give custody and child support considering what is in the best interest of the child. Things to consider in determining the best interest of the child include but are not limited to: the amount of time each child has spent with each parent; the financial stability of each parent, the amount of free time each parent will have available to spend with the children; the ability of the child to visit each parent; the mental condition of each parent or child; etc.
How is property divided in a divorce?
The division of property depends on whether the property was acquired during marriage or before marriage. Generally, property acquired during marriage is community property and divided equally between spouses. However, the court does not always divide community property equally. Property acquired before marriage or inherited by either spouse is separate property and the spouse can keep all of it after a divorce.
How long does it take to get a divorce?
In Texas, a divorce can be granted in as little as two months.
At A.T. Law, we are committed to hard work, perseverance and to reason and evidence.