Recent Blog Posts
Should I Try Arbitration for My Family Law Dispute?
It is common for family law disputes to end with a total impasse. When neither party is willing to compromise on an issue, a third party may have to get involved to make a decision. Litigation is one possible option, but some couples may prefer other methods of dispute resolution. A Llano County, TX family law attorney can help you pursue arbitration to resolve your issue.
Arbitration can provide you with a swift, effective ruling for your situation. However, it is important that you work with a lawyer who will strongly advocate for you. Attorney Russ Baker can provide you with aggressive representation, making your needs a priority.
How Is Arbitration Handled in a Divorce Case?
In many ways, arbitration is similar to litigation. However, instead of arguing in front of a judge, you will present your case to a certified arbitrator. Much like a trial, you will have the opportunity to present evidence and call witnesses. After hearing from both parties, the arbitrator will then make a decision. With this in mind, you should have an attorney present so that you can make a strong case to the arbitrator. At the Law Office of Russ Alan Baker, PLLC, we can arbitrate your case or act as your representative in arbitration.
How Bad Is a DWI Conviction in Texas?
A DWI charge is many people’s first encounter with the law. If you have been arrested on suspicion of driving while intoxicated, you may be under a great deal of stress. These worries are not unfounded, as a conviction of DWI can have a lasting impact on your life. However, by seeking out a Llano County, TX criminal defense lawyer, you can protect your rights and give yourself the best chance of a favorable outcome.
At the Law Office of Russ Alan Baker, PLLC, our deep understanding of criminal law allows us to provide you with effective representation and counsel. We know how damaging a DWI conviction can be and we will fiercely contest the charge in court.
Misdemeanor and Felony Penalties for Driving While Intoxicated
The criminal consequences of driving while intoxicated can be strict, even for first offenders. A first-time DWI with no aggravating factors is a Class B misdemeanor, punishable by a fine of up to $2,000 and a jail sentence of no more than six months. Additionally, a conviction of DWI carries a minimum of three days of confinement, or six days if there was an open container of alcohol in the car.
Do Unwed Fathers Have Paternal Rights or Obligations?
When a child is born to unmarried parents in Texas, the assumed father’s legal rights and responsibilities are not automatic. If unwed parents separate, issues can arise that require establishing or disputing legal paternity. Our knowledgeable Fredericksburg, TX family law attorney can help you understand your rights under Texas law and guide you through the process.
What Rights Does a Father Have If He Is Not Married to the Mother?
When a married couple has a baby, the husband is assumed to be the child’s father. For unwed couples, a biological father does not have legal rights to custody or visitation unless paternity is established. Without legal paternity, he cannot make decisions about the child's education, healthcare, or residence. The mother is considered the sole legal parent until the father’s rights are legally recognized.
Can I Find Out Who Called CPS On Me?
If Child Protective Services (CPS) shows up at your door, you may feel blindsided, angry, or scared. Whether the complaint is valid or false, a CPS investigation can affect your custody rights, your reputation, and your sense of safety. As of June 2025, the Texas Family Code still allows people to make anonymous reports to CPS. That can be frustrating if you believe the call was made out of spite rather than genuine concern.
While you may want to know who called CPS on you, the law limits your ability to find out.
Retaliating against the person who made the report can lead to serious criminal charges. Talk to our Fredericksburg, TX family law attorney to learn more.
Can You Legally Find Out Who Made the CPS Report?
Under Texas law, reports to CPS are confidential. Section 261.101(d) of the Texas Family Code specifically protects the identity of the person making the report, even from the person being investigated. This rule exists to encourage people to report suspected abuse or neglect without fear of retaliation.
Can I Change a Child Custody Order in Texas?
Texas family courts recognize that your needs and your child’s needs can change after a child custody order is finalized. With good reason, you may be able to modify a custody agreement to better suit your present situation. However, the court is careful to protect your child’s best interests and requires you to meet specific qualifications before a judge will consider modifying the order. If you have questions about how Texas law applies to your case, a Marble Falls, TX custody modification attorney can offer advice based on experience.
Contested vs. Uncontested Custody Modification in Texas
Whether your custody modification is uncontested, meaning you and your co-parent agree on the proposed changes to be made, or contested, meaning you are not in agreement, will impact the process and how long it will take. Typically, everything moves more quickly with an uncontested modification.
Is Weed Legal in Some Parts of Texas?
In recent years, marijuana laws have changed rapidly across the United States. As a result, many Texans are left wondering what is legal and where. Despite growing public support for cannabis reform, marijuana possession is still illegal under Texas state law. However, how these laws are enforced can vary widely depending on the county or city.
If you have been cited or arrested for marijuana possession, even a small amount, you may be facing real legal consequences. Do not assume that just because marijuana is legal elsewhere, you are protected. A Texas criminal defense attorney can help you understand the charges, evaluate your options, and work toward a favorable resolution.
What Does Texas Law Say About Marijuana?
Under the Texas Controlled Substances Act, marijuana is still classified as a Schedule I drug, meaning it is considered to have a high potential for abuse. That classification remains even though many other states now allow both medical and recreational cannabis use.
Do Criminal Charges Affect Child Custody in Texas?
When child custody is at stake, anything that raises questions about a parent's behavior or judgment can become an issue — especially involvement in the criminal justice system. In Texas, family law courts are required to make decisions that prioritize the best interests of the child. That means criminal charges, whether pending or resulting in conviction, can impact your custody rights.
A Fredericksburg, Texas family law attorney who understands both child custody and criminal defense can provide essential guidance when these legal areas overlap.
What Happens to Your Custody Rights If You Are Charged With a Crime?
Being charged with a crime does not automatically mean you will lose custody or visitation rights. The court will look at the nature of the charge, your criminal history, and whether the alleged offense affects your ability to care for your child safely and responsibly.
How Can You Fight Drug Possession Charges in Texas?
Drug crimes, such as drug possession, can carry hefty consequences in Texas, especially if you have an existing criminal record. If you are facing drug possession charges, a Llano, TX drug crimes attorney is your best available option for challenging the allegations and evidence against you. Your defense strategy will be the result of careful investigation into the details of your case, but some common defenses may suit your circumstances.
What Are Some Common Defenses Against Drug Possession Charges?
There are many ways to fight a drug possession charge. Some common and effective methods include:
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Illegal search and seizure: You have a constitutional right that protects you from unlawful search and seizure. If the police secured the evidence that led to your charges and did not have probable cause or a warrant, you can argue to suppress the evidence.
What Can I Do if My Ex Violates Our Custody Order?
When parents who are not married raise a child, it typically takes a lot of effort for everyone to work together. If one parent violates the custody order, it can be challenging both emotionally and logistically for the other parent. If this happens to you, you should know that you have options available, including the possibility of taking legal action to have your custody order enforced. A qualified Llano, TX family lawyer can explain your rights and advise you on how you may want to proceed.
How Do Custody Orders Work in Texas?
In Texas, child custody is often referred to as conservatorship. A conservatorship order outlines each parent's rights and responsibilities, including parenting time schedules, decision-making authority, and child support obligations. If one parent violates the terms of a custody order, the other parent has legal options to enforce it.
How Can I Prove I Acted Under Duress in My Texas Criminal Case?
When facing criminal charges, people often try to claim they are innocent and did not do what they are accused of doing. However, sometimes, defendants admit that they committed the actions in question but do not deserve to be penalized. Since intent is a major component of a criminal conviction, if you committed a crime against your will, this could be grounds for getting charges dismissed or reduced.
Duress can be a defense if you did something illegal under threat of harm. Proving duress can be challenging, and you need to demonstrate that you had no reasonable alternative but to commit the crime because of an immediate threat of serious injury or death to yourself or a loved one. If this is relevant to your case, speak with a qualified Texas criminal defense lawyer to understand your options.
Key Elements of Duress
To successfully claim duress as a defense, you need to demonstrate several things: