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Recent Blog Posts

Common Gun Charges in Texas

 Posted on October 13, 2025 in Criminal Defense

Fredericksburg, TX Criminal Defense LawyerIn Texas, weapons charges tend to carry stricter penalties due to the risk of someone getting hurt. Even responsible gun owners can suddenly end up facing felony charges when a firearm is allegedly misused, carrying the possibility of a lengthy jail sentence and the potential loss of gun ownership rights. If you have been accused of a weapons offense in Texas, the first thing you should do is to seek out legal representation.

At Law Office of Russ Alan Baker, PLLC, our Marble Falls, TX criminal defense lawyer can provide you with strong advocacy to contest a gun charge. We are prepared to investigate your case thoroughly, as our principal attorney has experience examining fingerprint evidence and other forensic evidence.

Three Common Weapons Charges in Texas

Unlawful Discharge of a Firearm

Under state law, firing a gun within the limits of certain municipalities can result in criminal charges. More specifically, you can be charged with an offense if you recklessly fire a gun within the corporate limits of a municipality with a population of 100,000 or more people (Texas Penal Code Sec 42.12). As a Class A misdemeanor, this offense is punishable by up to a year in jail if you are convicted.

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Should I Get a Fault-Based Divorce in Texas?

 Posted on September 25, 2025 in Criminal Defense

Llano, TX divorce attorney for litigationIf your marriage has become unsustainable because of your partner’s actions, you may have grounds to pursue a fault-based divorce. However, before you proceed, you should make sure that you understand the possible repercussions. A Llano County, TX family law attorney can advise you of your options and help you move forward from your marriage.

At the Law Office of Russ Alan Baker, PLLC, we have the resources and skills to represent you in a contested fault-based divorce, prioritizing your best interests. With over 15 years of proven litigation experience, Attorney Russ Alan Baker is qualified to advocate for you in court.

What Are the Grounds for Fault-Based Divorce in Texas?

To get a fault-based divorce, it is not enough to simply cast the blame on your spouse for the collapse of your marriage. You can only file for fault-based divorce on specific grounds (Texas Family Code Sec. 6.001 - 6.007), including:

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Fighting a Heroin Distribution Charge in Texas

 Posted on September 15, 2025 in Criminal Defense

Marble Falls, TX criminal defense lawyer for drug chargesThe state of Texas strictly criminalizes the sale and delivery of controlled substances. If you are accused of trying to distribute heroin, you could face aggressive prosecution with the possibility of a long prison sentence. In cases like these, the right choice of legal representation is critical for protecting your future.

If you are looking for a qualified Fredericksburg, TX criminal law attorney to defend you against drug distribution charges, consider working with the Law Office of Russ Alan Baker, PLLC. Attorney Baker is a strong litigator with experience handling drug-related charges on his clients’ behalf, drawing on over 15 years of practice to develop tailored strategies for every case.

What Penalty Group Does Heroin Fall Under?

In Texas, judges categorize drugs by "penalty groups" to determine the seriousness of a given drug charge. The least serious offenses involve drugs from Penalty Group 4, which consist of substances with the potential for abuse like prescription medications and cough syrups. By contrast, Penalty Group 1 includes hard drugs, like cocaine, meth, and heroin. You will face much harsher penalties for distributing drugs in Penalty Group 1 than Penalty Group 4, even in smaller quantities.

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Ways to Get Through a Contested Divorce

 Posted on August 28, 2025 in Family Law

Llano, TX divorce lawyer for a contested divorceWhen two spouses cannot agree about the terms of a divorce, it is referred to as a contested divorce. Resolving a contested divorce can be a trying task, especially if the marriage ended on bad terms. To navigate the process as efficiently as possible, consider working with a Llano, TX family law attorney.

At the Law Office of Russ Alan Baker, PLLC, we can go over all of your options to get through a contested divorce. Attorney Baker is skilled in negotiation, but he also has a successful history of litigating intense cases on behalf of his clients. You can rely on our firm to provide you with steadfast representation and counsel through your divorce.

Three Ways to Resolve Your Contested Divorce

Mediation

At the outset of a contested divorce, the courts will often order a couple to attend mediation first. While some may scoff at the idea of trying to resolve things amicably, this approach has some serious merits. 

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What Should I Do if I Have Been Accused of Sexual Assault?

 Posted on August 15, 2025 in Criminal Defense

Fredericksburg TX criminal defense attorney for sex crimesAllegations of sexual assault have the potential to ruin your life. If you are convicted of this offense, you face the very real possibility of years in prison, as well as mandatory registration as a sex offender. With this in mind, you should take careful steps to protect yourself after you have been formally charged with sexual assault. A Marble Falls, TX sex crimes defense lawyer can advise you of what to do during a criminal investigation.

At the Law Office of Russ Alan Baker, PLLC, we are qualified to handle your case. Attorney Baker has a B.S. in Biology, giving him unique insights into cases involving DNA evidence, like sexual assault. We can also provide you with valuable counsel to safeguard your rights throughout the legal proceedings.

Should I Contact My Accuser in a Sexual Assault Case?

If you know the person who accused you of sexual assault, you might be tempted to reach out and argue about the allegations. However, even if you think you are clearing your name, this can do more harm than good for your case. The prosecutor can cite texts and voicemails as evidence in court. Anything you say to your accuser could be used against you, especially if it reads as an admission of guilt.

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Should I Try Arbitration for My Family Law Dispute?

 Posted on July 31, 2025 in Family Law

Llano County, TX arbitration attorney for divorceIt 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.

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How Bad Is a DWI Conviction in Texas?

 Posted on July 14, 2025 in Criminal Defense

Llano County TX DWI defense lawyerA 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.

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Do Unwed Fathers Have Paternal Rights or Obligations?

 Posted on June 27, 2025 in Family Law

Llano, TX family law attorneyWhen 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.

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Can I Find Out Who Called CPS On Me?

 Posted on June 11, 2025 in Family Law

Llano, TX criminal defense lawyerIf 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.

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Can I Change a Child Custody Order in Texas?

 Posted on May 29, 2025 in Family Law

Llano County, TX divorce lawyerTexas 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. 

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