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Recent Blog Posts

What Are the Two Main Types of Probation in Texas?

 Posted on April 09, 2024 in Criminal Law

Tarrant County, TX criminal defense lawyerThe purpose of probation is to give a second chance to people who have been charged with committing a crime. Also referred to as “community supervision,” probation involves programs and restrictions designed to help a person remain part of society and avoid incarceration. Not all crimes are eligible for probation.

Probation rules in Texas can be very different depending on whether the defendant committed a misdemeanor or a felony. In either case, probation violation is very serious and can negatively affect the probationer’s future. Understanding your rights is crucial to getting through probation safely, which is why it is important to retain a criminal defense attorney who is familiar with the criminal justice system.

In Texas, there are two main types of probation: straight probation and deferred adjudication probation. 

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The Most Important Things to Know About Family Violence in Texas

 Posted on March 26, 2024 in Criminal Law

Tarrant County, TX domestic violence defense lawyerWhen it comes to family violence, understanding the legal implications and consequences of being convicted is important if you are facing charges. In Texas, family violence is prosecuted very aggressively. If you have been charged with family violence, it is strongly recommended that you seek legal advice from an experienced attorney. While hiring an attorney does not guarantee a specific case outcome, it certainly gives those facing charges a fair chance at beating the charges or getting them reduced. 

With over 25 years of experience, Attorney Poblenz at Law Office of Michelle Poblenz has a proven track record of defending clients against the most serious criminal charges. No matter how grim a client’s situation may look, Attorney Poblenz is renowned for providing aggressive and tactical legal guidance that gives clients the best chance at obtaining a favorable case outcome.

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Three Scenarios Where Custody Modifications May Be Appropriate in Texas

 Posted on March 14, 2024 in Child Custody

Dallas, TX child custody lawyerChild custody arrangements are designed to serve the best interests of the child. However, life happens, and circumstances change. And when circumstances change, modifications to existing custody orders may be required. In Texas, understanding the scenarios where custody modifications may be appropriate is important for parents navigating family law matters in the state. Contact an attorney for assistance in anything related to child custody, including modifications to existing custody orders. 

When Can a Custody Plan Be Changed in Texas?

  1. Parental relocation – One common scenario where custody modifications may be necessary in Texas is when one parent plans to relocate a significant distance away. A modification may be warranted if the relocation would impact the current custody arrangement, such as disrupting visitation schedules or affecting the child’s stability. Courts will consider factors such as the reason for the move, the child’s relationship with both parents and how the relocation will impact the child’s best interests before approving any changes to the custody order.

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How To Choose Your Texas Divorce Lawyer

 Posted on February 29, 2024 in Divorce

Tarrant County, TX divorce lawyerDivorce can be a complicated time for all parties involved. Having someone on your side who can handle the legal complexities of the divorce process can help alleviate some of the stress. Understanding how to choose the right attorney can be just as important as every other issue on the table, so do your due diligence to find the best one for your circumstances.

Research Your Options

Access to information has never been easier thanks to the internet. It can be used to look up all sorts of things relevant to your case, which includes researching a proper attorney. Performing a few online searches can help you discover detailed and relevant information on a large number of available local attorneys who can assist you in your divorce.

Information that may help you choose wisely includes:

Why You Should Refuse a Field Sobriety Test

 Posted on February 09, 2024 in DWI

Blog ImageComing back from a night out with some friends, you are suddenly alerted to a flash of red and blue lights in your rearview mirror. You are ordered to pull over to the side of the road while the officer follows close behind. With both vehicles in park, the officer strolls up to the driver-side window, asks you to roll it down, and notices a hint of alcohol. Whether you have imbibed or not the officer may still be suspicious, which could lead to him or her asking for you to submit to a field sobriety test. Though the officer may imply it is required you submit, you are not legally obligated to do so and, in most cases, should not. Facing driving while intoxicated charges can be difficult on your own which is why consulting an experienced criminal defense attorney is so important.

What is a Field Sobriety Test?

Officers conduct field sobriety tests as preliminary tests in determining whether or not a driver is intoxicated. The tests are performed on the side of the road and are designed to test your motor skills. There are multiple tests that an officer can subject you to but will most often include:

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How To Modify a Texas Child Support Order

 Posted on January 24, 2024 in Child Support

Tarrant County family lawyerSpecial circumstances may occur that could make modifying an already existing child support order a reasonable request. When the support-paying parent or obligor loses their ability to earn a wage or receives a substantial raise from their current employer, these are both grounds for possible child support modification. Of course, additional requirements will need to be met before a request is eligible. An attorney can go over the finer points of child support modification so that you can avoid any hiccups while filing.

Child Support Modification Eligibility Requirements

Before you can file a petition to modify child support, there are a few requirements that you will need to meet. Texas child support modification eligibility requirements are as follows:

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The Effect of Domestic Violence on Conservatorship

 Posted on January 10, 2024 in Child Custody

Tarrant County child custody lawyerDomestic abuse has a profound effect on a marriage and any children involved. So much so that, should a divorce occur, the likelihood of the abuser receiving sole conservatorship is almost non-existent. It is almost guaranteed that any history of domestic abuse or violence that takes place in a household will be aired out in a court of law. A judge can take one look at the facts and, depending on the severity of the abuse, choose to limit or outright revoke visitation rights from the abusive parent. An Irving, TX divorce and conservatorship attorney can answer any questions you may have about custody, visitation, and how domestic violence can affect both.

Determination of Conservatorship, Possession, and Access

The court’s primary goal in child custody cases is determining a child’s best interest. The two significant aspects that factor into this regard are conservatorship and possession and access.

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What To Do About Probation Violations in Texas

 Posted on December 15, 2023 in Criminal Law

Tarrant County criminal defense lawyerViolating a probation order in Texas could lead to that probation being revoked. During the revocation hearing, a judge can also decide to make the terms of the probation even more strict. It falls on the shoulders of the prosecutor to make the probation violation charges stick. Even just one minor violation could see a defendant’s probation revoked. Defendants reserve the right to an attorney being present at a revocation hearing if they choose to do so.

Types of Probation

In Texas, there are three types of probation:

  • Misdemeanor probation
  • Felony probation
  • Deferred Adjudication probation

Each type has its own terms and penalties should they be violated. The terms will depend on a defendant’s criminal past, the severity of the crime, and whether or not imprisonment is necessary in place of community supervision.

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How to Handle a High-Conflict Divorce

 Posted on December 07, 2023 in Divorce

Tarrant County divorce lawyerConflict is normal in any marriage. Small arguments here and there are usually nothing to worry about. However, once those arguments escalate the emotional, mental, or physical abuse, it may be time to rethink your situation. A divorce with high-conflict complications can often be emotionally and mentally draining. Because of this, you will want an experienced divorce attorney standing beside you throughout divorce proceedings.

What is a High-Conflict Divorce?

Divorce can bring out the worst in people. In a high-conflict divorce, the two parties are unable or unwilling to work together to come to an amicable compromise on divorce-related issues, such as:

Can I Still Be Charged for DWI if Under the Legal BAC Limit?

 Posted on November 16, 2023 in Criminal Law

Tarrant County criminal defense lawyerDrivers under the legal drinking age and, in some cases, drivers over 21 can still find themselves charged with driving while intoxicated (DWI). The blood alcohol content (BAC) limit is not the only factor that an officer looks at to determine whether or not a driver receives a DWI charge. An attorney with DWI knowledge and the associated penalties can help defend your rights and figure out the best course of action for your case.

What is Per se Intoxication?

When a driver has a BAC of 0.08 percent or higher, it is automatically presumed that the person is intoxicated. This is what is referred to as per se intoxication. Drivers with a BAC of less than 0.08 percent are not necessarily out of the woods yet, as the legal limit is not the only factor determining a DWI charge. However, a driver is no longer automatically presumed to be intoxicated. Instead, an officer will need to use other methods to determine whether or not the driver is or appears to be intoxicated.

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