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Janice Miles
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Janice Miles’s Answers

18 total


  • Please help, my grandparents passed away leaving no will so all children owned the home. No one wanted to pay taxes.

    House was going to be foreclosed on so my father bought everyone's share of the home which we have receipts for to save the house. He used community property funds & listed the deed under his name only. We have mortgage papers, deed of trust pap...

    Janice’s Answer

    Just on the little we have to go on here, I would say his part is his separate property, and his siblings' purchased share is owned 50/50 with your mother. Sounds like a law school exam question. Anyone agree?

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  • When can I ask exectrux for accounting under texas probate law and how much detail can I request

    I am one of legal heirs listed in will which is currently accepted by Texas court for probate..executrix has asked I send all questions to lawyer representing her but he doesn't answer questions or even acknowledge receipt of question..is there a ...

    Janice’s Answer

    I agree, after 15 months under Texas Probate Law, you can demand an accounting. After two years you can petition the Court for an accounting and distribution. Yes, you would file this action in Probate Court, or if your area is not large enough to have a separate Probate Court, you would file your petition in the civil court having jurisdiction in your area. You deserve to have your concerns addressed by a court of law.
    If there is misconduct by the executrix in the handling of the estate, you can petition the Court to have her removed for her conduct. If possible, it would be best for you to retain an attorney to protect your rights and act as your advocate. You are entitled to receive the benefit of your bequest.

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  • Can I travel abroad when I have 2 speeding tickets pending?

    I got the 1st for going 51 on a 30 and the second for going 81 on a 60..but on the second one, I was so scared I tried to get out of a ticket by lying to the officer: he put that in the addtl comments and I confessed to him and said I was sorry fo...

    Janice’s Answer

    You need to get a lawyer for your tickets. Often, a lawyer costs no more than doing your ticket yourself. You will probably get nervous at traffic court when you talk about the incident with the police officer. When your lawyer talks to the prosecutor, she won't be a bit nervous.
    In my experience, the prosecutors and judges do not usually have access to the actual ticket itself, so I doubt anyone will see the officer's comments.
    Also, believe me, people lie to traffic cops all day long, and they are used to it. You were unusual in that you admitted it!
    Always remember, there is only one main thing that traffic courts hate--being ignored. That means, take care of all tickets in a timely manner. A warrant will be issued if you fail to appear or have a lawyer appear for you in traffic court.
    It is always an issue when you come in contact with any law enforcement officer and you have a warrant for any reason associated with your records. They can arrest any person with a warrant should they be so inclined.

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  • My daughters 19 and 22 inform me they were molested by a doctor that examined them for injuries in an automobile accident.

    The owner of the Clinic fired the doctor after my daughters called them the next day. What should we do so the doctor is not allowed to get away with this? Should we call the police and file a criminal conduct report and then hire an attorney? ...

    Janice’s Answer

    This is a felony sexual assault on a child. You should go to the District Attorney immediately. Your children should be interviewed by a professional therapist who specializes in children who have been sexually assaulted. The therapist will be needed to testify and make written reports.
    You have two cases; you have a criminal case and a civil case.
    The District Attorney's Office will handle the criminal case to indict and prosecute the doctor. A civil lawyer will handle a suit against the doctor and against the clinic.You should get the best personal injury lawyer you can find who will be aggressive in seeking damages, yet sensitive to the emotional issues sufferred by the victims of this heinous crime.
    This clinic was wrong to simply fire this doctor. He should have been reported to the police and arrested immediately. This doctor will lose his medical license. You should also report him to the American Medical Association. This kind of behavior is not isloated, and the doctor may have had other complaints.
    My main advice to you is DO NOT GIVE UP. Right will prevail. Criminals like this must be stopped. This doctor will go on to molest other children until he is incarcerated.
    My best of luck to you and your girls.

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  • How do i go about paying this ticket when i live in another town and can i still take defensive driving?

    i got in an accident while visiting Corpus Christi, and was issued a traffic citation for failure to control speed. i live in Houston and its been about two weeks since the accident and I called the municipal court and everything but they have fai...

    Janice’s Answer

    You're right--traffic courts often do not answer their phones. You need to contact an attorney, preferably in Corpus Christi, where the event occurred. Even though you can use an attorney from another city, the Corpus attorney will know how the courts operate in her/his area better. Whatever you do, do not let this ticket go into warrant status. This will start stacking fees and fines in a way you do not want to contemplate. Look on AVVO and find a lawyer in Corpus to go to court for you. It will end up cheaper for you in the long run after factoring in driving in from Houston, time, gas, parking, and pure aggravation! Good luck!

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  • How much would a speeding ticket of going 42 mph over the limit cost?

    i was going 97 in a 55 i know thats really terrible but im wondering how much my ticket will cost

    Janice’s Answer

    Every municipality is different, but you can probably count on paying over $300 in fines wherever you are. I advise you to get a lawyer on this one. You still may be eligible for Defensive Driving or Deferred Adjudication and keep this off your record. Now, don't beat yourself up over this but do keep the pedal off the metal!
    Good luck!
    Janice Miles

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  • What are the possible repercussions of an underage speeding ticket?

    I'm 17 and got a speeding ticket for going 84mph on the 5 freeway in Valencia. I got a notice to appear in Informal Juvenile traffic court. What kind of repurcussions am I likely to face? Will i have any opportunity for traffic school to keep it o...

    Janice’s Answer

    It is easy to let your speed get away from you and can be expensive, too. Just remember when you go to court, they have a standard process that they will follow. In Texas, you would be required to appear with a parent or guardian, so you need to check that before you go. Also in Texas, they will require you to take another driving course and pass another driving test. It will, of course, involve paying court fees and fines as well. If you follow all the court requirements, it will not go on your permanent driving record.
    I tell my clients to dress conservatively and use your very best manners in court. You are not the first 17-year-old to receive a speeding ticket, nor will you be the last, so keep your chin up. The money from your summer job is probably going to traffic court this year.
    Good luck!!
    Janice Miles

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  • If a vehicle is ticketed for not having valid registration, can it be thrown out if registration is then updated?

    I recieved a ticket last night for not having a current registration. I know that if you get ticketed for not having insurance, you can show the judge that you have valid insurance and get it thrown out. I was wondering if it worked the same way w...

    Janice’s Answer

    Yes! In Texas we would say it would be "dismissed" when you showed the documentation to prove that you did have valid registration. The court would probably grant you deferred adjudication if you did not have the proper registration at the time the ticket was issued, but got everything in order by the time of your court date. This would not be a moving violation in Texas, so it would not be counted toward the "points" that accrue for moving violations such as speeding.
    Good luck on your ticket!
    Janice Miles

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  • Has my traffic ticket turned into a warrant?

    I got a speeding ticket about a year ago while I was traveling through CA. I was speeding at about 103mph. The ticket I received was very difficult to read and I had no idea what city I got the ticket in and there was no contact number on the tick...

    Janice’s Answer

    Unfortunately, they will issue a warrant for your arrest if you do not contact them. They may have already done so. Courts do not respond well to being ignored. Your ticket costs so much, because various fees have been added to your speeding ticket including "faiure to appear." My advice to you is to call one of the lawyers you see listed in AVVO for California who has a free consultation, and ask if they can get you a better deal with the prosecutor. Good luck!

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  • Going 72 in a 55 should i fight it?

    I was going 72 in a 55 mph zone. There was no sign indicating that the speed limit was 55. The cop who gave me a ticket said that if i was going up to 16 mph over the speed limit i could go to traffic school, but that i was going 17 over and tha...

    Janice’s Answer

    Short answer: Yes! Fight it!
    If a driver could not fight a speeding ticket, there would be no speeding ticket lawyers. Call a few attorneys and get their prices to help you with this ticket. You may be pleasantly surprised that many lawyers charge only the face amount of the fine for the offense. So you have nothing to lose and much to gain by using an attorney to take care of this ticket. It's always upsetting and frustrating to get a traffic ticket. Best of luck.

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