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Perry Quillin Minton

Perry Minton’s Answers

10 total

  • Is it illegal if a 16 year old girl touches my penis 18m ( nothing oral and no penetration)?

    Perry’s Answer

    Yes. At a minimum- it is considered Indecency with a Child (Section 21.11 of the Texas Penal Code).

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  • Can unauthorized use of a vehicle be dropped down to a misdemeanor?

    Perry’s Answer

    The State has the discretion to prosecute a case or not. Inherent within this discretion is also the right to reduce or dismiss a case once it has been filed or indicted. The answer to your question is 'yes.' However, more importantly, if your friend's mom "let" you use her car then you are not guilty of the crime in the first place.

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  • Do I need a lawyer?

    Perry’s Answer

    Robin is correct. If you can do this by agreement, then the name change can occur without any formal legal proceedings. If it is going to be contested, it would be a mistake to not to hire counsel with a background in family and/or civil law.

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  • How can I find out about my boyfriend release date ?

    Perry’s Answer

    Call the prison and ask them when he will be released.

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  • Can I leave my home when I'm 18 with my parents permission?

    Perry’s Answer

    Legally speaking-- once you turn 18 years old-- you do not need your parents' permission to do anything.

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  • The charger to my ankle monitor broke and the monitor is about to die out what do I do

    Perry’s Answer

    The first person you need to contact is your probation officer. Then call your lawyer. It is better to notify them sooner rather than later so that it does not look like you are deliberately tampering with the device or making an attempt to abscond.

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  • Fight the ticket or pay for failing to stop for a pedestrian in a crosswalk?

    Perry’s Answer

    You are correct, it will be your word against an officers. -And even if you prevail, it is simply not worth the hassle of having it heard by a judge or jury due to all the court appearances and other inconveniences you will go through before you even get a chance to make your case. Undoubtedly, as in most jurisdictions, the city or county attorney that issued you your citation has a "deferred disposition" program of some kind that allows you to: 1) take a driving class; 2) pay a small fine; and 3) do about 8 hours of community service (at a non-profit, like Goodwill). Often times a deferred program will allow a defendant to pay $10 an hour to "buy back" the community service, if you don't have that kind of time.

    This type of program gives you the assurance that you will be eligible at some point for it to be completely removed from your driving record. -And - another benefit is that many insurance companies allow discounts of up to 15% for participation in a state approved driving program.

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  • My ex-spouse is threatening me with contempt. I have not received even a first draft of the Final Divorce Decree

    Perry’s Answer

    This is not enough information to know for sure. Go ask the court for a transcript of the order at your hearing. Review it very closely and make sure you are doing everything you thing you should be. Then hire a lawyer to file a motion to clarify the judges order, so that you can know exactly what is expected of you. Don't wait on this. The judge will cut you slack if s/he knows you are showing him/her respect by getting on it.

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  • I'm separated from my husband and want to know how I get my daughter's personal belongings from our house he lives in?

    Perry’s Answer

    Assuming that all of your child's stuff was bought during the marriage (community estate) then the only issue is getting his permission to enter the home (because it actually belongs to both of you),

    Best thing to do is get Temporary Orders in place that provide a time and third party to be present whle both sides get to round up things that belong to them or their children. You should also get an order in place that establishes a "status quo" with regard to all possession in the possession of both parties (no buying, no selling, no cutting off electricity or credit cards etc...)

    Many times parties to a divorce don't want to go thru this hassle because they think they can get along. However, the better practice is to get temporary orders in place and then move foward. That way there is no confusion.

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  • When upper courts tell you to take it back to lower courts does that mean take it back to district court?

    Perry’s Answer

    No, it doesn't necessarily mean to take it back to the district court, but in your case it sounds like it does. Generally, the appeals court that sends it back is sending it to the court from where the final judgment came from (this is the only court that retains jurisdiction to hear the matter with instructions from the court that sent it back down.) The opinion itself should make clear where it is finding error, how it can be remedied and with what court such power resides to rectify such error. You can also request the higher court to lend guidance on this very matter. In most cases it is very clear. -However, if there is confusion, you have a duty to your client to clear the matter up by taking it back to the appellate court to get a definitive answer. Otherwise, you may miss critical deadlines by being in the wrong line.

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