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Don Ellis Mcclure Jr.

Don Mcclure’s Answers

37 total

  • What can my probation officer do?

    I have def. adj. and must complete 16 hours minimum of community service a month and now in my second month I am short 2 hours this month. Will my probation be revoked?

    Don’s Answer

    I agree with the other two posts. Probably, you do not have to worry about being revoked at this point if this is the only issue. Probation in Harris County is tough to complete if you still work full time and have a family. Take it very seriously. Don't just do the minimum - go beyond and get whatever you can knocked out as early as possible.

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  • Can the state give my husband jail time for aggravated assault with a deadly weapon.

    My husband was in a confrontation with another guy not a family member. He hit him and the guy called the police and said that my husband had a gun. When the cops showed up they arrested him and searched the house. Of course there was no gun found...

    Don’s Answer

    Yes, the State could give him jail time and on an Aggravated Assault charge, he would do at least one-half of his sentence. However, with their lack of evidence of the gun and a witness recanting, the State would have an extremely difficult time proceeding on the deadly weapon portion of the charge. If the charge could be reduced to a Class A Misd., that would be a good result and he probably already has enough credit. Of course, it would be a conviction, so he may want to consider trying for a DADJ probation if offered. I am assuming your husband is a US Citizen. If not, the case is much more difficult due to the immigration consequences. It is still pretty early in the development of the case, but I would try to talk to the appointed attorney about getting the case resolved.

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  • I was never married or engaged to my boyfriend. we have a son together, my son & i have moved out b/c of his drug abuse & no

    means of financial support. he has lost 3 jobs in 3 yrs (he stole $ frm all 3). he has no car, or $ & is getting evicted frm the apt we used to share soon. he wants to see my son- he is very desperate & I fear he will take him away or not be in hi...

    Don’s Answer

    Both parents have equal rights to the children in the absence of a Court order. If you let him visit and take the children and he does not return the children, there is little that you can do to get the children back until you get to Court. You need to hire an attorney and file a SAPCR (Suit Affecting the Parent Child Relationship) along with a TRO (Temporary Restraining Order) to keep the status quo and arrange for visitation, support, etc.

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  • Do I need a lawyer?

    is it possible to get an assault on a family member charge dismissed if the complaintant made a false police report?

    Don’s Answer

    Hire an attorney. These cases are difficult to get dismissed because it is not unusual for the complaining witness to change her mind and not want to press charges. So, even if the complaining witness admitted to lying, the State would still be difficult about a dismissal. If she maintains her lie, then it really comes down to the credibilty of the parties and the evidence.

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  • My wife took off with my kids. What can I do to get them back?

    Gladys left the girls and I about 1 and 1/2 years ago and moved in with a man she had been seeing. After about 3 months of separation she came to see the girls, who are now 3 years and 6 years old. She calls periodically and gets the girls here an...

    Don’s Answer

    You need to hire an attorney immediately. The fact that she left the children, voluntarily, with you and had infrequent visitations will help your situation. The fact that she ran away with the children will usually upset most Courts (if it was for no significant reason). You need to file for Divorce and also get a Temporary Restraining Order with a hearing. Of course, you do need to have some way of locating her to serve her, but there may be other ways to give her notice of the divorce.

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  • I wanna get divorce

    i wanna get divorve but is uncontested how much you think i need to pay for that

    Don’s Answer

    I agree that the normal range will be between $750-$1,500.00. There are attorneys who will handle your case for much less money, but be careful if you go that route. Also, children, property and retirement issues could increase the fees. I would suggest interviewing several attorneys to find one with whom you feel comfortable and that are reasonably priced.

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  • My wife wants the divorce, we've been married for 6 years what can she obtain??

    She is asking for half of my assets which I had before marriage. Is she entitle to obtain half?? I'm talking about my house (furniture,clothing,jewerly..etc) and my small business.

    Don’s Answer

    Texas is a community property state. Generally, the property and business that you owned prior to a marraige will be considered separate property. If she has devoted time and/or money to your property and/or business, she may be able to make a claim for reimbursement of that value against your separate property. It can be a real sticky situation. Hire an attorney.

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  • Hired a family law attorney, almost finished with the case and I can't get a hold of him.

    I paid my family law attorney a $5000 retainer to represent me in a parent/child modification case. I had already used another attorney to go with me to mediation and had to fire him because he did not send my signature page to the opposing attorn...

    Don’s Answer

    Based on the information that you provided, it is difficult for me to tell if your current attorney has done anything wrong. However, the attorney should call you back and communicate with you. I agree with Ms. Henley that you should send the attorney a certified mail letter explaining when you called, why you called, what you desire and request that he contact you within a time certain. Also, request a detailed and itemized billing statement from the attorney. It sounds like the attorney has not actually accrued much time in the case and you may be entitled to a partial refund.

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  • How long do i have to wait ti divorce my us spouse because he cheated if i have not yet recicved my citizenship?

    i found out 4 months into my marriage that my spouse cheated and had a 4 month old child outside of our marriage.

    Don’s Answer

    Before you do anything, consult wwith an Immigration attorney. Immigration law is a very detailed niche and there may be ways to handle your case that will not affect your filing for citizenship.

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  • Can I modify my decree to change who claims dependants ?

    My divorce decree states my ex gets to claim two children and I can only claim one. He is in arrears in his support and all three childen live with me. He provides no health care or anything beyonds required monitary support. Becasue he has lost h...

    Don’s Answer

    Maybe. That is actually covered by the Tax Code and, generally, the tax code says that the person with whom the children reside has the tax exemption. People do agree to split this up sometimes. I think that the tax code would trump the decree, but the decree is basically your contractual agreement and that may also be a problem.

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