James Berry Stapler's Answers

What does it mean in a criminal case when it says consultation docket? TX

In Tarrant County, the consultation docket is a setting so that the prosecutor and defense attorney can consult with each other to determine if a case may be worked out with some plea bargain. Both the defendant and attorney are required to appear at that setting.

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Will my husband have vistation?

Generally, the court would grant him a Standard Possession Order even if he only has one day off per week. He would then be allowed to visit during those times when he can with work. I assume he also gets time off for holidays and vacation during which he could exercise visitation. The court will do what they think is in the best interest of the child. There is a presumtion that the best interest of the child is served by having frequent and ongoing relationship with both parents. That...

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Child support calculation in texas

3500 per month gross equals 2865 per month net resources. minus 65 per month medical leaves 2800 per month. guideline support for each of the other 2 kids would be 16 percent each or $448 each per month. If he is military his BAH and BAS will drive up teh net resources per month and increase supprt. For instance if he gets 1100 per month BAH and 325 BAS that is an additional 1425 per month in net resources creating an additional $228 per month per other child.

I WAS TOLD BY A CPS WORKER THAT SHE HAD 7 DAYS TO PUT A GAME PLAN IN PLACE SO I CAN GET MY KIDS BACK WHAT IS THE LAW IN TX?

If you did a voluntary placement with family, you can go get your kids. This may however casue CPS to remove your kids. If your kids were removed by CPS, they must file a petition, serve you and hold a hearing. if the court order placed the kids with your family and you take them back you can forget getting that placement back. If CPS shows cause that the kids had to be removed and can not safely be returned the kids will not be returned until you complete some part of their service plan to...

Can I come up for parole early?

12.5 years. You have to do 1/2 the sentence in calendar time.

How much time will he do?

The aggravated robbery charge will require that he do half the time before becoming parole eligible. Based on the history it is unlikely that he will make parole whe first eligible. Every person becomes parole eligivle at some point except life without parole.

How can judge surpress a polygraph test but still use the postpolygraph we are located in the state of Texas

The post polygraph interview is the same as any other interview. Your statements are probably non-custodial and not coerced, therefore probably admissible. The polygraph itself is not yet admissible because the science has not yet been validated enough to make it pass muster with the court. I fear that in our lifetime they will become admissible. I advise my clients not to talk to the authorities. In the rare occasion when I agree to polygraph I advise my clients not to do any post...

Can i get this dismissed?

If the court gives you a deferred disposition on the new offense you should not wind up suspended again. There is an automatic suspension for conviction of DWLI. Deferred however is not a conviction. The DPS may come later and ask for a suspension because they show you were driving with a suspended license. Make sure your address is updated on so you would get a notice of suspension. That notice would allow you to request a hearing and the JP who hears that case could probate the suspesion....

How do i retrieve my proof of incarceration.

Contact the Sheriff or Police department that had you in custody. In Houston HPD or Harris County Sheriff's office. Additionally, the district clerk on felonies or county clerk on misdemeanors.

What happens if non-custodial parent gets probation for felony drug charges and is arrested for back child support while on prob

It is a violation of the terms and conditions of probation. Most courts have that specifically spelled out in the terms and conditions. Depending on the record of the defendant they may not even file a Motion to Revoke Probation. If he is otherwise doing well on probation they are like to allow him to continue if he can make an effort to pay his child support. He is also supposed to report any arrest to the PO. His PO can advise if they will file on him. He may need a Family Attorney to...