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Cesar Garcia

Cesar Garcia’s Answers

27 total

  • Opposing counsel will not agree to mediation in my divorce, what can I do?

    The temporary orders state that we were to mediate on or before December 21st of last year and it is now April. Opposing counsel has refused to answer our request for mediation for the past 3 months and claims they cannot afford mediation. I did...

    Cesar’s Answer

    I agree with my colleagues. File a Motion for Mediation and get a judge to order y'all to go to mediation. If the opposing counsel does not show, then he will be in violation of a court order. You should consult with a qualified Family Law attorney to represent you at the mediation.

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  • Will I be prevented from getting a job as a minor if I have been caught shoplifting? And what about when I am over 18?

    I am 16, I stole over $50 at a Macy's so I was handed over to the police

    Cesar’s Answer

    Where you get a dismissal or successfully complete a deferred contract, you might still have an arrest record which could affect your employment opportunities. After the court case is complete, you should speak with an attorney about possibly sealing your juvenile record.

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  • My wife&I were hurt no permanent injuries. Other person was clearly at fault. Should I hire a lawyer on clear not at fault case?

    We were driving S & other person N before being struck head on at about 50mph. Wife & I both ended up in ER. No permanent damage but after 2 weeks still recovering from all the bruising & pain. Police report clearly shows no fault on our part & th...

    Cesar’s Answer

    Yes, you should contact a lawyer to review your rights and the possible outcomes of your case.

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  • Can my passenger still file a separate claim under my PIP coverage after he signed a release to an auto accident settlement?

    My passenger already signed the release to an auto accident settlement. The settlement paid all the medical bills to the medical providers from my attorney. There is only a little bit leftover for my passenger. One important question I want to kno...

    Cesar’s Answer

    Your passenger should be able to make a PIP claim. The signing for the Bodily Injury release should not affect his right to make a 1st party claim with your PIP carrier.

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  • Is it legal to arrest a child of 14 without parents present or even notified

    an arrest warrant was issued for a previous offense , that he was never even given a court date for.

    Cesar’s Answer

    The short answer to your question is yes, it is legal for a minor to be arrested without parents present. You should consult with a local Juvenile Criminal Defense attorney, if the State brings charges against your child.

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  • How to get an eleven year old boy out of juvenile detention after ten days?

    Boy had fight with mom, pulled out a knife and threatened to throw it. He was arrested and placed in detention. Mom wants to sign "waiver to not prosecute." How soon after can the boy be released from detention?

    Cesar’s Answer

    It depends if the prosecution will accept a Waiver as a reason to recommend a release to the judge. Most likely there will be a detention hearing to determine if the minor is a danger to himself or other AND is allowing himself to be adequately supervised. You should also speak with the probation officer assigned to inquire if they recommend the child stay detained or be released. Lastly, speak with PreTrial Services to see if you qualify for a court appointed attorney.

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  • Is there an attorney to take this accident case on contingency basis?

    I was driving South on Fonded and stopped at a red light . There was a car in the left lane as well as the right and there was one vehicle in front of me . A police came up behind me with lights on . I didn't know where I was supposed to go so ...

    Cesar’s Answer

    You should contact your local Bar Association for a list of personal injury attorneys who can give you a free consultation.

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  • I got an MIP , I need an expuction form , can someone email me that ?

    I am a student at Texas A&M Univ. I have a VERY LOW income. I live off of scholarships and my parents don't help me. I need to get this off my record to get a job after college. I am smart and can do this myself I just need the form. Any extra inf...

    Cesar’s Answer

    You should contact your local Bar Association for a list of attorneys who handle Expungment cases, or go to public library and do some research about the process to get an expungment. However, most attorneys will not simply email you the forms.

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  • I I was wondering what are the legal ramifications if a minor is caught with a fire arm ether it be rife , pistol or shotgun .

    And all other laws were being followed. Such as unloaded. Not stolen. Not used in any crimes just simply found in the minors car unloaded even.

    Cesar’s Answer

    If it's the minor's first offense, the prosecution might suggest a deferred contract where he would have to fulfill specific terms of probation and once that is successfully completed the charges would be dismissed. You should contact your local Bar Association for a list of Juvenile Law attorneys in your area for representation.

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