Russell Aldrich’s Answers

I received a steroid injection from my FP MD. that was very contraindicated based on my medical history that he knew well.

Russell’s Answer

• December 9, 2011 4:02am

Greetings,

You have an interesting case, but as Mr. Wertheim already noted your damages may be limited. In any event, I'd like to help and possibly discuss a few things with you. Please call my office at (210)-549-8087 or shoot me an e-mail at [email protected]

Have a nice evening.

Can my or my Minor daughters case dismissed for shoplifting in Texas

Russell’s Answer

• November 22, 2011 2:09pm

I should have clarified - Ms. Henley's answer is correct in that you were not in custody until you were detained by law enforcement officials. Therefore, any statements made before they detained you will be admissible.

Can my or my Minor daughters case dismissed for shoplifting in Texas

Russell’s Answer

• November 22, 2011 2:34am

In Texas, juveniles in custody must be read their Miranda rights by a magistrate out of the presence of law enforcement officers before they can be interrogated. Any statements made before they're Mirandized by a magistrate will be inadmissible in court.

Your daughter was, at a minimum, placed into custody when she was handcuffed. Any statements from that point on would be inadmissible UNLESS she was read her rights in front of a magistrate.

You need to contact an attorney with juvenile experience as soon as possible.

Can I Become a Pharmacist or a Physicians Assistant if i got a Deferred Adjudication for Possession of Marijauna?

Russell’s Answer

• November 22, 2011 2:18am

Whether or not it keeps you from getting a job is up to the individual employer. What I can tell you is that if you stay out of trouble, you'll be able to get an order of non-disclosure after 2 years from the date you complete your deferred adjudication.

An order of non-disclosure prevents the public (i.e., employers) from seeing the marijuana charge. Note that some public entities, including law enforcement agencies, will still be able to see the charge on your record.

If you are convicted or placed on deferred adjudication for another offense, you become ineligible to apply for a non-disclosure order.

What should I do next? if I think I found the person that refused to pay for a hit and run accident several years ago.

Russell’s Answer

• November 22, 2011 2:12am

Hi,

What court order are you referring to? How do you know this is the right person? If you'd like, e-mail me the details and I can try to give you some guidance.

Have a nice evening.

Can I seal my criminal background?

Russell’s Answer

• November 19, 2011 2:08pm

The answer is maybe.

You MAY be able to get the murder arrest expunged, depending largely upon the reasons why it was dismissed in the first place.

Also, you MAY be able to get an order of non-disclosure for the hot check charges if you successfully completed a period of deferred adjudication probation.

The difference between expungement and an order of non-disclosure is that an expungement gets the charge off your record completely, as though it never existed. An order of non-disclosure, on the other hand seals the charge for private employers but NOT for certain public agencies and employers. So if you applied for a government job, for example, they would still be able to see the charge on your record, whereas if you applied for a job at a privately owned business they would not.

If you'd like to discuss this further, please call my office at (210)-549-8087 or shoot me an e-mail at [email protected] I'm a San Antonio area attorney who may be able to help.

My father died October 25 2011 in Ca was told his estate has no existing assets estate was $3.5 million in 1992

Russell’s Answer

• November 18, 2011 4:10am

Hi,

What kind of assistance do you require? Your case sounds interesting but I'd like to know more of the facts. Please call my office at (210)-413-4319 or shoot me an e-mail at [email protected]

Can I file a claim against Tricare for losing personal information?

Russell’s Answer

• November 17, 2011 4:41pm

You have a few options here. First and foremost, if the class action is settled then you always have the option to "opt out" and file a lawsuit individually. The problem here is that the damages will be small, and therefore finding an attorney willing to take your case on a contingency basis may prove to be difficult.

Nevertheless, I'd like to speak with you about your case. Please e-mail me at [email protected] or at (210)-549-8087. I'm in the military (Army Reserve) and so I understand the difficulties that your family is facing.

Hope to speak with you soon.

Can I file a claim against Tricare for losing personal information?

Russell’s Answer

• November 17, 2011 4:27pm

You have a few options here. First and foremost, if the class action is settled then you always have the option to "opt out" and file a lawsuit individually. The problem here is that the damages will be small, and therefore finding an attorney willing to take your case on a contingency basis may prove to be difficult.

Nevertheless, I'd like to speak with you about your case. Please e-mail me at [email protected] or at (210)-549-8087. I'm in the military (Army Reserve) and so I understand the difficulties that your family is facing.

Hope to speak with you soon.

My daughter's father passed away last week and she is the only heir. His family will not let her have a copy of the will.

Russell’s Answer

• November 16, 2011 3:45am

If they're refusing to probate the will, Section 75 of the Texas Probate Code applies:

§ 75. DUTY AND LIABILITY OF CUSTODIAN OF WILL. Upon
receiving notice of the death of a testator, the person having
custody of the testator's will shall deliver it to the clerk of the
court which has jurisdiction of the estate. On sworn written
complaint that any person has the last will of any testator, or any
papers belonging to the estate of a testator or intestate, the
county judge shall cause said person to be cited by personal service
to appear before him and show cause why he should not deliver such
will to the court for probate, or why he should not deliver such
papers to the executor or administrator. Upon the return of such
citation served, unless delivery is made or good cause shown, if
satisfied that such person had such will or papers at the time of
filing the complaint, such judge may cause him to be arrested and
imprisoned until he shall so deliver them. Any person refusing to
deliver such will or papers shall also be liable to any person
aggrieved for all damages sustained as a result of such refusal,
which damages may be recovered in any court of competent
jurisdiction.

I would recommend that you retain an attorney and have the family write them a demand letter. If this fails, then the attorney will file a sworn complaint with the court requiring the family to appear in a hearing and explain why they are refusing to probate the will. If they can't come up with a good reason (and it sounds like they don't have one), then they could be forced to pay your attorney's fees. Also, I should note that even if the will isn't produced and the property passes via intestate succession your daughter would be entitled to the entirety of the estate if she is indeed the only heir.

Please contact my office at (210)-549-8087 if you'd like to discuss this further. If you don't want an attorney to represent you, then we may be able to work out an arrangement where I can draft the letters/forms for you and you could mail/file them on your own.