For a second year, Abel Aaron Dominguez has been honored as a Top 40 Under 40 attorney in Criminal Defense. Contact him today to set up your free consult, and learn why Abel is the right attorney to fight for you (210) 225-2900.
Thinking About Divorce? Consider Our Free Advice
Divorce happens, but you don’t have to go through it alone. It is important to have an attorney by your side who is willing to fight for you and your children. Most importantly, it is crucial to know what to expect.
Points to consider before getting a divorce
Each divorce and family situation is unique, and a good attorney knows to ask the right questions so that he/she is familiar with your story and the best option for you. When planning for divorce, you should keep the following in mind:
1. Hiring the right attorney – Choose an attorney who is specifically experienced in family law, someone you can trust who will give you the best outcome, someone you are comfortable with. Selecting an attorney based on affordability is not always the best option. Divorce can be costly, but choosing an inexperienced attorney can cost you more in the long run.
2. Be Honest – When communicating with your attorney it is important to always be honest and up front about your situation. In order for your attorney to give you correct advice and represent your best interests, you must disclose all information relevant to your case. Even if you believe that disclosing certain details will affect you negatively, you should be able to trust your attorney to look at all the facts of the case with your best interest in mind. A good attorney knows the law, and he/she will have professional insight in regards to your family situation.
3. Communication – Maintaining good communication with your attorney is essential. Be responsive to emails or phone calls. Expect to produce documents relevant to your case and be cooperative. Texas courts expect certain documents in a specific timeline, and if not provided within the timeline, the lapse can compromise your case. If you have any questions or concerns, it is important to make your attorney aware so they can address them promptly.
4. Patience – Although some divorces are quick and conclude in 60 days, others can take over a year. The length of the time depends on the details of your unique situation. Be patient and trust that your attorney is doing everything he/she can to obtain the best results. Maintaining timely communication will help your case move along while meeting important court deadlines.
5. Compromise & Children- If you have children, understand that for their sake, you might have to compromise. Children are affected by divorce just as much or sometimes more than the parents. Avoid discussing any litigation in front of them, and if possible, try not to clash with your spouse in front of them. If you notice that your child is having a really hard time dealing with your family’s transition, consider counseling or therapy for them.
6. Consider Choices Carefully – There is much at stake when getting a divorce. When making a decision it is crucial to be 100% positive that your choice is truly what you want. If you rush a decision or you are unsure, the outcome can have unfavorable results . Consider your options thoroughly and only concur to agreements if you are sure they are the right choice for you and your children.
Now that you have a better understating of what to expect when planning for divorce, start by setting up a consultation and speak to an attorney about your situation. For a free consultation with an experienced attorney, we welcome you to call us at (210) 225-2900.
What is No Refusal Weekend in the State of Texas?
No Refusal Weekend usually goes into effect around major holidays, and was primarily established as a deterrent to drinking and driving since Texas is now the deadliest state in regards to DWI fatalities. In Bexar County, No Refusal Policy is continuously in effect, whether we are in the middle of a No Refusal Weekend or not. So what makes a “No Refusal Weekend” unique from any other day or weekend? It is a time period when local agencies have more resources available to acquire more warrants and blood samples. Officers are placed on high alert, actively looking to enforce DUI/DWI laws. Blood-draw nurses are also readily available, and a magistrate judge is on call and available to issue search warrants.
What Can I Expect & What Are My Rights?
During a No Refusal Weekend, you can still refuse to submit to a field sobriety test. When a driver gets pulled over for a suspected DUI/DWI, the officer is going to ask the driver to submit to field sobriety tests. The driver has 2 options: he/she can consent to the tests, or he/she can refuse (yes, even during a no refusal weekend). Educated drivers know they have the right to refuse field sobriety tests. Refusing a field sobriety test and/or consuming an alcoholic beverage does not mean you are breaking the law. If the driver refuses to submit to a breath test, the officer will then ask for a sample of your blood. You can and should say no this too. The officer will then proceed to take you downtown, request a search warrant (for your blood), and obtain a blood sample. Once the officer obtains the warrant for your blood-draw, you should then comply (this is the “no refusal” part of the No Refusal Policy).
Is It Worth the Trouble?
Why go through all the trouble? If the situation is going to end in a blood-draw, is that any different from submitting to field sobriety tests? Yes. It is very different. If the officer requests a search warrant, he/she must establish probable cause in the request. If the driver refused field sobriety tests, probable cause is more challenging for an officer to establish. Additionally, if the magistrate judge inappropriately assigned probable cause when signing the warrant, the blood evidence might be later “thrown out”. Your defense attorney has the right to review the warrant that was issued for your blood-draw, and an experienced and knowledgable defense attorney knows what to look for.
The Bottom Line
Do not submit to field sobriety tests. You are only helping the officer build a case against you, whether it was alcohol affecting your performance on these tests or not. It may be an inconvenience for you that day to go downtown for a blood draw, but that one day can make the difference for the rest of your life.
If you are pulled over for a suspected DUI/DWI:
And Take the Time
To Go Downtown
Think twice before you get behind the wheel of a vehicle after consuming alcohol and know your rights. Drive safely Texas.
Top Family Law Lawyer: Abel Alberto Dominguez (S.A. Scene, March 2018)
Abel A. Dominguez Sr. was honored once again this past March of 2018 as one of San Antonio’s Top Family Law Lawyers. Last year in March of 2017 he was recognized for his Criminal Defense achievements as one of San Antonio’s Top DUI/DWI Lawyers. Call or visit The Law Offices of Abel A. Dominguez today to find out why our firm stands out from the rest. Your first office consultation is always free.
Modified Voter ID Requirements (S.B.5)
Voter ID requirements for the state of Texas have received some attention over the past few years. As of January 1, 2018, S.B. 5 broadens what is acceptable in regards to an alternative form of voter identification, but voters who use an alternative form of ID will be asked to take an additional step at their polling place before casting their vote.
Texas requires that voters provide one form of government issued photo identification at their polling site when voting. Acceptable forms of PHOTO IDENTIFICATION include the following:
-Military ID with photograph
-Citizenship certificate with photograph
You may use an expired driver’s license and/or military ID as long as the expiration date is not more than four years from the date you are presenting it to vote. If a voter is 70 years of age or older, the voter may use one of the above forms of identification even if the expiration date is past 4 years.
But what if a voter does not have one of these forms of photo identification? The voter may provide alternative identification, but they must also fill out a form describing reasonable impediment to acquiring an above listed photo ID. Examples of ALTERNATIVE IDENTIFICATION include the following:
-Voter registration certificate
-Utility bill (with voter’s name & address)
-Bank statement (with voter’s name & address)
-A government check (with voter’s name & address)
-A certified copy of your birth certificate
In addition to one of these alternative forms of identification, the voter will be asked to provide a reason for not being able to provide a form of photo identification. The voter will be asked to indicate such impediment on a REASONABLE IMPEDIMENT DECLARATION provided by an election officer at the voter’s actual polling place. This form lists reasons such as:
-Lack of transportation
-Lack of birth certificate or other documents needed to obtain identification
-Lost or stolen identification
-Disability or illness
-Identification has been applied for, but not yet received
***If you DO NOT have one of these alternative forms of identification, you may still cast a PROVISIONAL BALLOT***
Election officers are prohibited from questioning the reasonableness of an above impediment indicated by the voter. If the voter’s address on their alternative form of identification does not match the address on the list of registered voters, the election officer can not refuse to accept this form of identification for this reason alone. Texas secretary of state is now required to establish a program using mobile units to provide election identification certificates. Such mobile unites will be subject to security standards and they may not request charging fees. Read more about S.B. 5 at http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=85R&Bill=SB5