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Charles B. Frye's Guides
- 6 Legal Answers
- 9 Legal Guides
Judges' Bias and Civil Forfeiture in Texas
Of Course, the Judge Matters!Lawyers in every type of case want to believe that who the judge is shouldn't matter to the outcome of their case. We want to believe that the facts and the law will decide the case, not the personality of the person in the black robe on the bench. Th...
The "Statute of Frauds" Defense in Texas
Contracts, in many instances, do not have to be in writing to be legally binding. However, many states, including Texas, have a law known as the "statute of frauds" which requires that some contracts must be written to be valid. In Texas, contracts involving the following are s...
The Cause of Action for "Malicious Prosecution" in Texas
This Memorandum is about the cause of action known as "malicious prosecution" in Texas. However, it is not exhaustive of the subject. For example, the subject of the "special damages" required in a lawsuit alleging this theory of recovery is not discussed here. This Memorandum i...
Inventory Searches of Motor Vehicles in Texas
This general memorandum should provide you a basic understanding of the area of law defining proper "inventory searches" of motor vehicles by law enforcement officers. Should you have questions about how a search of your vehicle may affect your legal rights or how it may affect...
"Driving While License Suspended" Offenses in Texas
This is a general memorandum discussing the offense of "driving while license suspended" ("DWLS") in Texas. The information in this memorandum is fairly straightforward, and the facts of your particular situation will dictate how the law applies to your conduct. You should use t...
"Tainted Currency" in Texas Asset Forfeiture Cases
"I'm Not a Drug Dealer Why Did the Police Seize My Money?"Your college-age son calls from the airport in Austin. He had been attending school in Chicago and had flown to Austin to see a young lady he met on the Internet. All he carried on the plane was a backpack, and, because h...
Replevy Bonds in Texas Asset Forfeiture Cases
"Can I get my property back while the forfeiture case is going on?" Yes, although you must carefully consider the costs and benefits that you will incur if you make that decision. Civil cases often take months, if not longer than a year, to be resolved. For most people and famili...
The "Innocent Owner" Defense in Texas Asset Forfeiture Cases
This is a very general memorandum on the "innocent owner" defense in forfeiture cases. It is not intended to be an exhaustive discussion of the defense (or of the permutations of the rules of civil procedure which apply in these situations) but should get you started on evaluati...
Overview of Texas Asset Forfeiture Law
You or a member of your family has been detained or arrested and a law enforcement officer has seized your money, your vehicle, or some other item of property and you have no idea how to get it back. Worse, maybe you've been served with legal papers, a "Citation" and a "Notice o...