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How to Maximize a GEICO Insurance Claim

Whether you were struck by a driver insured with GEICO making a “third party claim” or a GEICO insured making a “first party claim,” you’ll want to know how to maximize a claim with GEICO. We wrote this article to help you maximize your claim, avoid common pitfalls, and understand what to expect from GEICO during the claims process.

Insider Insights and a Unique Perspective

One of the partners at our firm worked as an insurance adjuster before law school, so we know how insurance companies deal with claims. Of course, we have seen how claims are handled on this side as personal injury lawyers. These experiences lend themselves to the unique perspective and insider insights we share in this article.

Seeking Medical Treatment

If you were in an accident of any significance, you should get checked out by a medical professional. If there is an emergency medical response, don’t refuse to get checked out. You may not know that you’re injured or how badly you are injured immediately after an accident. We all know what cuts and breaks look like, but we don’t know what internal injuries look like or when to expect the pain from those injuries to set in. Because adrenaline is pumping immediately after an accident, you may not feel the pain right after an accident. The longer you wait for an evaluation, the more likely an insurance company will say the injury and pain is unrelated to the accident. The last thing you want is to have back pain in a week, and wait another week till things are so bad you can’t move. When you get to a medical provider, the insurance company will have some basis to say they can’t relate the pain to the accident.

As you seek medical treatment, keeping a log of who you saw and when is important. We will work to get the records, compile them, and make them understandable and persuasive. We also recommend that you keep a journal of how you feel each day and the difficult things for you to accomplish. The reality is the human mind is built to persevere and not dwell on the difficult times we got through. As a result, it may be much harder to articulate just how bad things were in three or six months unless you have written it down.

Filing an Accident Report or Blue Form in Texas

The police won’t always respond to an accident in Texas. Generally, unless someone is injured or a vehicle is completely disabled in a major thoroughfare, the police do not come out. That doesn’t mean you can’t (or shouldn’t) have an accident report documenting what happened. Here’s what you need to do when the police don’t come out to the scene of an accident.

You will want to go down to the local police department and fill out a “Blue Form” (officially called the CR-2 form). This is a self-documented accident report that provides a formal method to document the details of the accident, including the time, location, and circumstances of the crash, as well as information about the vehicles, drivers, and any damage incurred. This documentation is crucial as it serves as an official record of the incident.

When filing an insurance claim, having a Blue Form can be invaluable. Insurance companies often require official documentation of an accident to process a claim. The Blue Form serves as proof that the accident occurred and provides the insurer with detailed information needed to assess the claim. Without this form or a police report, it might be more challenging to prove the validity of your claim, potentially leading to delays or denials.

Speaking to a Lawyer

After seeking immediate medical attention, you should speak to a lawyer if you were injured in an accident. You may need to speak to an attorney sooner if you run into problems getting medical care. While you will be provided with emergency medical care if the situation warrants it, you may find going to a doctor or hospital after the fact, without an emergent issue, will result in you being turned away if you are trying to use your own medical coverage. If you’ve ever wondered why medical providers and hospitals ask if your injuries are related to an accident, it is because they don’t want to get involved with having a liability insurance provider cover the bill.

The good news is that we know local medical providers and doctors who will treat you if you’ve been in an accident and aren’t afraid of waiting for liability insurance to cover the costs. Give us a call, and we will connect you with one.

Reporting the Accident to GEICO

You can initiate a claim:

Online: File your claim through GEICO’s website. This is often the fastest and most convenient way to start your claim, as it allows you to provide all the necessary information about the accident and receive immediate confirmation.

GEICO Phone Number

By Phone: Call GEICO 24 hours a day at 800-841-3000. This option is ideal for those who prefer personal interaction or need immediate assistance and guidance from a representative.

It is important to report the accident as soon as possible, as delays can sometimes complicate the claims process or affect the outcome of your claim.

Recorded Statements with GEICO

You should speak to a lawyer before you give any statements to an insurance company.

First-Party Recorded Statements with GEICO

If you are filing a claim with your insurance company, you must provide a statement as a condition of your policy. When you give that statement, though, it might be important to discuss with your attorney.

Third-Party Recorded Statements with GEICO

If GEICO is not your insurance provider, it’s advisable to refrain from giving a recorded statement to their adjusters without consulting an attorney first. Know that as a third-party, meaning someone who is not insured with the insurer the claim is filed with, you don’t have to give a recorded statement. Even if you were to give a statement, be sure you include your lawyer. You don’t want anything you say misinterpreted to limit liability or the loss amount they pay.

GEICO’s Claim Adjustment Process

Once you’ve reported your accident, a GEICO adjuster will be assigned to your claim. The adjuster’s role is to assess the damage, review any injury claims, and determine the amount GEICO will pay. They will likely ask for the aforementioned recorded statement, documentation of the accident, loss, and injuries.

Based on this information, a GEICO adjuster will make a liability decision.

Liability Percentages Directly Affect Payouts

In Texas, which follows a modified comparative fault system, a GEICO adjuster’s liability determination can significantly impact the payout for a claim. Here are the key liability decisions a GEICO adjuster could make and how they affect payouts:

The claimant is 0% at fault: If the GEICO adjuster determines the claimant is not at fault, the claimant can recover 100% of their damages from the at-fault party’s insurance policy.

The claimant is 1-50% at fault: Under Texas’s modified comparative fault rule, if the claimant is 50% or less at fault, they can still recover damages from the other party, but their payout will be reduced proportionally to their percentage of fault. For example, if the claimant is 30% at fault, they can only recover 70% of their damages.

The claimant is 51% or more at fault: If the GEICO adjuster determines the claimant is 51% or more at fault, the claimant cannot recover any damages from the other party’s insurance. They would have to rely on their own policy for coverage, if applicable.

Denial of claim: The GEICO adjuster could also deny the claim entirely if they determine the claimant was fully at fault or if there are other grounds for denial, such as policy exclusions or lack of coverage.

Negotiating Claims with GEICO

Before a lawsuit is ever filed, there is often a negotiation period between the claimant (or their attorney) and GEICO. Understanding how GEICO negotiates can help you prepare.

Great attorneys know that there’s not a one-size-fits-all approach to insurance adjusters. It’s true that some adjusters are always going to be difficult to deal with. It is also true that other adjusters are going to be as reasonable as they can be if 1) you know how to approach them and 2) you know the information that will give them the ability to give you what you want.

Here’s how one experienced adjuster explained the job:

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We often find that asking nicely, firmly, and with incredible documentation gets exactly the result we want – particularly when they know that if “nice” doesn’t work, we won’t hesitate to file a lawsuit. For our firm, this means claims have a better chance of success in the short-term as well as in the long term. If you have a property-damage-only claim and you’re not hiring a lawyer, there’s no reason you can’t put these insights to work for yourself.
Remember, the more documentation you have, the more likely your request is going to be seen as reasonable.

Challenges with Settlement Offers

GEICO’s initial settlement offers may be lower than expected for several reasons.

Issuing Checks for Less Than Repair Value

First, particularly on property damage claims, adjusters will issue checks for less than the value of repairs. They know that some individuals will pocket the check, not make the repairs, and therefore not to get a “supplement check” for the additional costs and repairs of the actual repair.

Underestimating Injuries

Second, GEICO adjusters may underestimate or disagree with the injuries, particularly the long-term impact of injuries.

Failing to Appreciate Injuries

Third, GEICO adjusters make not understand the true nature of injuries. A rear end accident involving a vehicle equipped with a tow hitch is a perfect example of when a GEICO adjuster might not understand the extent of injuries and be tempted to say, “The claimed injuries far exceed any damage to the vehicle.”

A rear-end collision with a vehicle equipped with a trailer hitch can result in minimal visible damage to the struck vehicle, but it can significantly increase the risk of injuries to the occupants. Here’s how:

When a vehicle without a trailer hitch is rear-ended, the impact force is distributed through the rear bumper and the vehicle’s undercarriage, dissipating some of the energy before reaching the occupants. However, if the struck vehicle has a trailer hitch installed, the protruding metal hitch acts as a solid, non-deformable object that directly transfers the impact force through the vehicle’s frame. This concentrated force transfer bypasses the crumple zones and energy-absorbing structures designed to protect occupants, resulting in a more rigid “crash pulse” that is directly transmitted to the occupants. Consequently, the occupants experience a higher magnitude of force, increasing the risk of whiplash and other injuries by approximately 22% compared to vehicles without hitches. Furthermore, since the majority of the impact force is carried through the vehicle’s frame, there may be little to no visible damage to the struck vehicle’s body panels or rear bumper. This lack of apparent damage can be misleading, as it may not accurately reflect the severity of the forces experienced by the occupants.

Depreciation and Actual Cash Value

For property damage, insurers often compensate based on the actual cash value (ACV) rather than the replacement cost. ACV considers depreciation, which can significantly lower the payout, particularly for older items or vehicles, meaning the claimant may not receive enough to cover the replacement cost.

Actual Cash Value vs. Replacement Cost Value

Insurers generally pay the cost to repair the vehicle up to its ACV. If the repair cost exceeds the vehicle’s value before the accident, the vehicle is generally deemed a total loss, and the payment will be the ACV, not the cost to replace the vehicle. The claimant has the right to negotiate with the at-fault party’s insurer. If the initial compensation offer based on ACV does not cover the necessary expenses to replace or repair the damaged item to its pre-loss condition, the claimant can present arguments and evidence supporting the need for a higher amount. However, this is often limited by the terms of the at-fault party’s policy.

If you are not satisfied with the recovery amount from the at-fault party’s insurance, you may claim under your own insurance (if you have relevant coverage like collision for auto or replacement cost coverage for home/property). Your insurer might then choose to pursue subrogation to recover the amount paid from the at-fault party’s insurer.

Using Preferred Vendors

Insurers often have agreements with preferred vendors or contractors for repairs. These vendors might charge less than others, which can be beneficial for cost control but may result in lower quality repairs. Claimants are sometimes pressured to use these vendors instead of choosing ones that might offer higher quality at a higher price.

Offering Quick Settlements

Insurers might offer a quick, lump-sum settlement soon after an incident. These offers can be appealing to claimants eager to resolve the matter but might not fully compensate for all damages, especially those that manifest or are realized later, such as long-term medical issues or structural damages not initially apparent.

Surveillance and Social Media Monitoring

In cases involving personal injuries, some insurers conduct surveillance or monitor the claimant’s social media profiles to find evidence that may contradict the claimed injuries. This can be used to argue that the injury is not as severe as claimed, thereby justifying a lower payout.

Legal Considerations in GEICO Claims

As you start to understand the many ways a GEICO adjuster can affect your payout, based on the assignment of liability, disputing damages and injuries, you understand how important it is to have a professional on your side fighting for a fair outcome if you have been injured. Our attorneys have the experience and track record required to get exceptional results.

The tenor also changes if the lawyer files suit against GEICO. This process does more than change the dynamics of the claim. It affects the obligations of GEICO to turn over information. The insurer also has to look at the cost of defending a lawsuit, which has at least some impact on their willingness to be reasonable. Finally, this brings in a fresh set of eyes. Perhaps you are dealing with an adjuster who was entrenched in their position. Once the claim gets to litigation, the litigation department may reach a more favorable conclusion than the claims department reached.

Call Us if You’ve Been Injured by a GEICO-Insured Driver

If you’ve been involved in a car accident with a GEICO insured, it’s crucial to understand the complexities of filing and negotiating a claim. At Varghese Summersett, we bring experience and a deep understanding of insurance dynamics. Our team is well-versed in the tactics used by insurance companies like GEICO, and we’re prepared to fight for the compensation you deserve.

We encourage you not to navigate this challenging time alone. The nuances of insurance claims, especially with large companies, can be overwhelming and intricate. By partnering with us, you ensure your rights are protected, and your claims are effectively handled. We provide the support and legal expertise necessary to secure a favorable outcome.

Remember, the initial steps you take after an accident can significantly impact the outcome of your claim. Don’t hesitate to contact us at Varghese Summersett for a consultation. Let us take the burden off your shoulders so you can focus on your recovery while we handle the legal complexities. Call us today to discuss how we can help you move forward.

Varghese Summersett

It’s every parent’s worst nightmare: the screech of tires, the shattering of glass, the sudden chaos of a car accident. In those terrifying moments, your instinct is to protect your child and ensure their safety. But what happens when the unthinkable occurs, and your child is injured in a car accident?

The panic is unparalleled, the fear overwhelming. Concerns race through your mind: What do I do now? How severe are their injuries? Will they fully recover? Who is responsible for this tragedy?

In this article, the personal injury attorneys at Varghese Summersett explain what steps you should take if your child is hurt in a car accident in Texas due to someone else’s negligence. We will also discuss how child personal injury cases differ from adult cases, and how our law firm can help you and your family during this difficult time.

  Child Hurt in a Car Accident

Child Hurt in a Car Accident? Take These Steps.

  1. Ensure Safety: Your child’s safety is paramount. If your child is injured in a car accident in Texas, immediately move the vehicle to a safe location away from traffic if possible. Assess their condition and call 911 for emergency medical assistance.
  2. Document the Scene: If it’s safe, gather information about the accident scene. Take photos of the vehicles involved, any visible injuries to your child, and any relevant road conditions or signage. Collect contact information from witnesses and exchange insurance information with the other driver(s).
  3. Seek Medical Attention Immediately: Even if your child’s injuries seem minor, it’s crucial to seek medical attention promptly. Some injuries, such as concussions or internal injuries, may not be immediately apparent but can have serious consequences if left untreated. Keep detailed records of all medical evaluations, appointments, treatments, and expenses.
  4. Report the Accident: Under Texas law, specifically Transportation Code Section 550.026, you are required to report any car accident that results in injury, death, or property damage exceeding $1,000 to authorities. Be sure to file a report with the appropriate law enforcement agency as soon as possible.
  5. Contact an Experienced Personal Injury Attorney: Dealing with the aftermath of a car accident involving a child can be overwhelming. By consulting with a knowledgeable personal injury attorney, you can ensure that your child’s rights are protected and that the responsible party is held accountable.

At Varghese Summersett, our legal team has vast experience handling child personal injury cases in Texas. We understand the unique challenges and complexities involved in these cases and are dedicated to advocating for your child’s and your family’s best interests. Let us handle the legal complexities so you can focus on your child’s recovery.

If your child has been hurt in a car accident in Texas, don’t wait to seek help. Contact us today for a compassionate consultation and take the first step toward securing the justice and compensation your child deserves.

How Adult and Child Injury Cases Differ

How Child Personal Injury Cases Differ from Adult Cases in Texas

Child personal injury cases in Texas present unique challenges and considerations compared to adult cases. Understanding these differences is crucial for ensuring the best possible outcome for your child’s case. Here’s how child personal injury cases differ:

  • Legal Capacity: Children typically do not have the legal capacity to pursue a personal injury claim on their own. In Texas, minors under the age of 18 lack the legal capacity to file a lawsuit or settle a claim without a guardian or court-appointed representative. This means that a parent or legal guardian must act on behalf of the child throughout the legal process.
  • Statute of Limitations: The statute of limitations for filing a personal injury lawsuit in Texas is generally two years from the date of the injury. However, special rules apply to minors. In most cases, the statute of limitations does not begin to run until the child reaches the age of 18. This extended timeframe allows injured children more time to pursue compensation for their injuries.
  • Settlement Approval: Any settlement reached in a child personal injury case must be approved by a judge to ensure that it is fair and in the best interests of the child. This requirement helps protect the child from receiving inadequate compensation or being taken advantage of during the settlement process.
  • Evaluation of Damages: In child personal injury cases, damages may extend beyond medical expenses and lost wages to include compensation for future medical care, rehabilitation, and long-term effects of the injury. Since children are still growing and developing, injuries sustained in childhood may have lifelong implications that require ongoing medical treatment and support.
  • Emotional Considerations: Injuries to children can have profound emotional effects on both the child and their family. Courts may consider the emotional impact of the injury when awarding damages in a child personal injury case, including compensation for pain and suffering, mental anguish, and loss of enjoyment of life.

Navigating the complexities of child personal injury cases in Texas requires the expertise of a skilled legal team with experience in this area of law. At Varghese Summersett, we have a proven track record of successfully representing injured children and their families, and we are committed to pursuing the maximum compensation they deserve. If your child has been injured due to someone else’s negligence, don’t hesitate to contact us for a consultation. We’re here to help you through this challenging time and fight for justice on behalf of your child.

Types of Compensation Available

Types of Compensation for Your Child’s Car Accident Injuries

When your child is injured in a car accident, they may be entitled to various types of compensation to help cover their losses and expenses. In Texas, compensation for personal injury cases typically falls into three categories: economic, non-economic, and punitive damages.

  • Economic Damages: Economic damages are those that have a specific monetary value and can be easily quantified. These damages aim to compensate your child for the financial losses they have suffered due to the accident. Economic damages may include:
    • Medical Expenses: This includes past, current, and future medical bills related to your child’s injuries, such as hospitalization, surgery, medication, rehabilitation, and therapy.
    • Lost Earnings: If your child’s injuries prevent them from attending work or participating in activities that would have generated income, they may be entitled to compensation for lost wages or earning capacity. Likewise, parents can also claim compensation for their own damages related to the child’s injuries, such as lost wages from missing work and travel expenses.
    • Property Damage: If your child’s personal belongings, such as clothing, electronics, or school supplies, were damaged in the accident, they may be entitled to compensation for the cost of repairing or replacing these items.
  • Non-Economic Damages: Non-economic damages are more subjective and aim to compensate your child for the intangible losses they have experienced as a result of the accident. These damages may include:
    • Pain and Suffering: Compensation for the physical pain and discomfort your child has endured as a result of their injuries, as well as any emotional distress or mental anguish they have experienced.
    • Loss of Enjoyment of Life: Compensation for the loss of ability to participate in activities and hobbies that your child enjoyed prior to the accident, as well as any diminished quality of life they may experience in the future.
    • Loss of Consortium: In some cases, the parents of an injured child may be entitled to compensation for the loss of companionship, love, and support of their child.
  • Punitive Damages: Punitive damages are intended to punish the at-fault party for their reckless or intentional conduct and to deter similar behavior in the future. While punitive damages are less common in personal injury cases involving children, they may be awarded in cases of extreme negligence or misconduct.

At Varghese Summersett, our experienced personal injury attorneys are dedicated to helping you and your child recover the full and fair compensation you deserve. We will carefully assess the circumstances of your case, calculate the value of your child’s damages, and fight tirelessly to secure the maximum compensation available. Best of all, hiring us will not cost you anything upfront or out-of-pocket. We work on contingency, which means we only get paid after recovering compensation.

If your child has been injured in a car accident, don’t hesitate to contact us for a free consultation. We’re here to advocate for your child’s rights and help you navigate the legal process with compassion and skill.

Role of Insurance Company

Role of Insurance Company in Child Personal Injury Claims

When a child is hurt, you would expect the insurance company to want to do the right thing. The reality, however, is that insurance companies are often focused on minimizing their financial liability and protecting their bottom line. As a result, they may employ various tactics, such as offering low settlements or disputing the extent of the child’s injuries, in an attempt to pay out as little as possible. Here’s an overview of the role of the insurance company in a personal injury claim for a child.

  1. Providing Coverage and Compensation: The insurance company of the at-fault party in the accident is responsible for providing coverage and compensation for the child’s injuries and damages, up to the policy limits. This includes covering medical expenses, future care costs, pain and suffering, and other applicable damages.
  2. Investigating the Claim: The insurance company will investigate the details of the accident and the child’s injuries to determine liability and the extent of damages. They may request medical records, police reports, witness statements, and other evidence to evaluate the claim’s validity.
  3. Negotiating Settlements: If liability is established, the insurance company will typically attempt to negotiate a settlement with the child’s parent/guardian and their attorney. This usually involves offering a lump sum payment in exchange for releasing the insured party from further liability.
  4. Approving Settlements: In many Texas jurisdictions, a judge must review and approve any settlement for a child injury claim to ensure it is fair and in the child’s best interests. The insurance company’s settlement offer is subject to this court approval process.
  5. Providing Structured Settlements: If a settlement is reached, the insurance company may be required to structure the payout through an annuity or other means to safeguard the funds until the child reaches adulthood. This ensures the compensation is available when needed for future medical expenses or lost earning potential.

Again, it’s important to understand that insurance companies aim to minimize payouts, so having an experienced attorney negotiate on the child’s behalf is crucial to obtain full and fair compensation. The attorney acts as an advocate against the insurance company’s adjusters and legal team throughout the claims process.

Child Hurt in a Car Accident in Texas? Here's What You Need to Do

How Our Legal Team Can Help.

At Varghese Summersett, we understand the overwhelming distress and uncertainty that follows when your child is injured in a car accident. Our experienced team of personal injury attorneys is here to provide the support and legal representation you need during this challenging time.

  1. Legal Guidance: We will guide you through the legal process with compassion and clarity, explaining your rights and options every step of the way. From gathering evidence to negotiating with insurance companies, we will handle all aspects of your child’s case so you can focus on their recovery.
  2. Thorough Investigation: Our team will conduct a thorough investigation into the circumstances surrounding the accident to determine liability and hold the responsible parties accountable. We will gather evidence, interview witnesses, and work with accident reconstruction experts if necessary to build a strong case.
  3. Maximizing Compensation: We will fight tirelessly to secure the maximum compensation available for your child’s injuries. This may include compensation for medical expenses, pain and suffering, emotional trauma, future medical needs, and more. We will carefully calculate the full extent of your child’s damages to ensure they receive the financial support they need to heal and move forward.
  4. Advocacy in Court: If necessary, we are prepared to take your child’s case to court to pursue justice and fair compensation. Our skilled litigators have extensive experience representing clients in personal injury trials and will advocate vigorously on behalf of your child’s best interests.
  5. Compassionate Support: Throughout the entire process, our team will provide compassionate support and personalized attention to you and your family. We understand the emotional toll that a child’s injury can take, and we are here to offer guidance, reassurance, and empathy every step of the way.

If your child has been injured in a car accident, don’t hesitate to contact us for help. Our dedicated team is committed to fighting for the rights of injured children and their families and helping them secure the compensation and justice they deserve. Contact us today for a consultation to discuss your child’s case and learn how we can assist you.

Child Hurt in a Car Accident? Contact Us.

At Varghese Summersett, we understand the heart-wrenching ordeal that parents endure when their child suffers harm due to someone else’s negligence on the road. Our legal team is here to guide you through this tumultuous time, providing the legal support and expertise you need to pursue justice for your child. We’ll fiercely advocate for your family’s rights, holding accountable those responsible for the accident and seeking the compensation necessary to cover your child’s medical expenses, ongoing care, and emotional trauma.

While we can’t erase the pain and fear you’ve experienced, we can offer you a lifeline amidst the chaos. Let us shoulder the legal burden so you can focus on what matters most: your child’s recovery. Contact us today at 817-203-2220 for a free consultation and take the first step toward healing and justice.

Child Hurt in a Car Accident in Texas? Here's What You Need to Do

Varghese Summersett

Millions of people were pulling for the marriage of Golden Bachelor Gerry Turner and his wife Theresa Nist, only to see it end in divorce after just three months of seemingly wedded bliss.

So what happened? Obviously, they are the only ones who know what went on behind closed doors, but as experienced divorce attorneys, we can make a few educated guesses. In this article, we offer three potential reasons why their public love story ended in a swift divorce. But first, here’s the backstory if you’re one of the few people on the planet who missed it.

Golden Bachelor Backstory: Gerry & Theresa’s Courtship

Gerry Turner and Theresa Nist were the first couple to get engaged and married on the reality TV show “The Golden Bachelor.” They were both in their 70s when they met on the show and got married on live television in January 2024.

However, their marriage was short-lived, as they announced their divorce just three months later in April 2024. The reasons they cited for their split were that they could not agree on where to live, as Gerry was based in Indiana while Theresa lived in New Jersey. They also cited their commitment to their respective families as a factor in their decision to divorce.  And most recently, rumors swirled that the marriage might have ended after a disagreement about cornfields. Yes, cornfields. Specifically, during a two-hour drive from the airport to Gerry’s lake house in Indiana, Teresa suggested that vast cornfields could be developed into condos, office buildings, and apartments – a vision that Gerry disagreed with.

While the news of their quick divorce was surprising and disappointing to many viewers who had hoped their relationship would last, the union was more akin to a brief engagement rather than a full marriage. They did not have time to fully merge their lives and finances, so the end of their relationship is better characterized as a breakup rather than a divorce. In fact, the divorce attorneys at Varghese Summersett venture to say that the marriage was over before it got started. Here’s three reasons why:

Golden Bachelor Divorce

1. Finding Lasting Love Through a Reality Show is Unrealistic

The glamor and drama of reality TV often create an idealized version of relationships that fails to reflect the complexities of real-life partnerships. Contestants on shows like “The Golden Bachelor” are thrust into intense environments where emotions run high, time is limited, and the pressure to make a connection is immense. In such artificial settings, it’s easy to mistake infatuation for genuine compatibility and overlook fundamental differences that could spell trouble outside the confines of the show.

While these programs promise fairy-tale endings and everlasting love, the truth is that the circumstances under which relationships form are far from ordinary. Contestants are often chosen for their entertainment value rather than their long-term compatibility, and the fast-paced nature of reality TV leaves little room for genuine connection to develop organically. As a result, couples may find themselves swept up in the excitement of the moment, only to realize later that their relationship is built on shaky foundations.

Moreover, the scrutiny and public scrutiny that accompany reality TV romances can place additional strain on fledgling relationships. Contestants must navigate not only their feelings for each other but also the expectations of viewers, producers, and the media. This intense spotlight can exacerbate existing tensions and create a distorted version of reality that makes it difficult for couples to build a strong, lasting bond.

In the case of Gerry Turner and Theresa Nist, their whirlwind romance on “The Golden Bachelor” may have seemed like a fairy tale to viewers, but the challenges they faced outside the confines of the show proved insurmountable. From geographical differences to disagreements about their future, the realities of their relationship quickly overshadowed the illusion of romance portrayed on television. Their story serves as a cautionary tale about the pitfalls of seeking lasting love in an inherently unrealistic setting.

Honeymoon Phase

2. They Never Got Out of the Honeymoon Phase

One common pitfall of swift reality show romances is the failure to transition from the initial euphoria of infatuation to the more grounded realities of a long-term partnership. In the case of Gerry and Theresa, the adrenaline-fueled rush of their televised engagement and marriage likely kept them in a perpetual state of excitement, blinding them to the challenges that lay ahead.

During the whirlwind of “The Golden Bachelor,” Gerry and Theresa were swept up in a whirlwind of romance and attention, basking in the glow of their newfound celebrity status. However, once the cameras stopped rolling and the spotlight dimmed, they were left to confront the day-to-day realities of their relationship without the buffer of reality TV magic.

Without the time and space to truly get to know each other outside the constraints of the show, Gerry and Theresa may have struggled to build a solid foundation for their marriage. The absence of mundane moments and everyday challenges that typically characterize a relationship may have left them unprepared for the inevitable conflicts and compromises that arise in any partnership.

As a result, their marriage may have remained in the honeymoon phase, characterized by passion and excitement but lacking the depth and resilience needed to weather life’s storms. Without a strong emotional connection and shared understanding, their relationship may have been destined to crumble under the weight of unmet expectations and unaddressed conflicts.

In hindsight, Gerry and Theresa’s inability to move beyond the honeymoon phase serves as a sobering reminder of the importance of building a relationship on more than just fleeting emotions and grand gestures. True love requires time, effort, and a willingness to navigate the highs and lows of life together, even when the cameras are no longer rolling.

Long Distance Relationships are Laborious

3. Long Distances Relationships are Laborious

Long-distance relationships are downright hard, often presenting challenges that test the strength and resilience of even the most committed couples. The physical separation, coupled with the emotional strain of being apart, can create significant hurdles to maintaining a healthy and thriving partnership.

Communication becomes paramount in long-distance relationships, as partners must find creative ways to stay connected despite the miles between them. However, the lack of face-to-face interaction can lead to feelings of loneliness, frustration, and insecurity, especially when important conversations are relegated to phone calls or video chats.

In long-distance relationships, boundaries can become ambiguous, especially when there’s a lack of clear plans for reunions and establishing a shared home. For Gerry and Theresa, the absence of a definitive plan likely fostered feelings of uncertainty and insecurity about their future together.

The inability to map out long-term arrangements can cast doubts on the sustainability of the relationship. Without a mutual understanding of where they’re headed, partners may struggle to commit emotionally and mentally, ultimately paving the way for relationship deterioration and eventual divorce.

Conclusion

The challenges of reality TV relationships serve as a cautionary tale about the complexities of love and the importance of nurturing genuine connections in real-life settings. While these shows may offer a glamorous facade, the realities behind the scenes are far from perfect.

In order to build lasting and meaningful relationships, couples must be willing to put in the time, effort, and communication needed to navigate life’s highs and lows. And for those caught up in the excitement of a whirlwind romance, it’s important to remember that love is not just about the grand gestures and dramatic moments captured on camera, but also about the everyday moments and struggles that make a relationship truly strong.

In the end, true love cannot be manufactured or scripted – it must be nurtured and grown from a place of genuine connection and understanding. Love may begin with a fairytale, but it takes hard work and commitment to turn that fairytale into a lasting happily ever after.

Contemplating Divorce? Contact Us.

Deciding to divorce, whether you have been married three months or 30 years is never an easy decision. That’s why it’s important to have the support and guidance of experienced professionals who can help you navigate this difficult process with care and compassion.

At Varghese Summersett, we understand the complexities of divorce and are dedicated to providing personalized solutions tailored to your unique situation. We offer a range of services including mediation, collaborative divorce, and traditional litigation, allowing us to find the best approach for you. Call 817-203-2220 to schedule a consultation with an experienced North Texas divorce lawyer.

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Varghese Summersett

Successfully Suing for an Inmate’s Death is No Ordinary Undertaking

If you’ve been following local news, you’ll see there have been 54 jail deaths in the last five years in Tarrant County. According to data maintained by the Texas Commission on Jail Standards, there have been 74 deaths in Tarrant County jail since 2014, and some community leaders have expressed to the Department of Justice that they believe these numbers may be underreported.

Jail Deaths in Tarrant County

You might wonder why jail deaths don’t often result in lawsuits. Lawsuits can be a powerful way to affect change. The primary reason few lawsuits are filed against counties or jails (and why fewer are successful) is sovereign immunity, which shields governments from lawsuits under most circumstances. That doesn’t mean lawsuits can’t be successful. This means you must find the perfect case to use as the driver for change. This article will discuss what it takes to sue for a jail death successfully.

This article is specific to laws in the Fifth Circuit, Texas’s federal circuit.

Wrongful Death in Jail: Understanding “1983 Claims”

42 U.S.C. § 1983 provides the basis for “1983 claims.” A Section 1983 claim is a lawsuit in which an individual can sue the government or government employees acting “under color of state law” for a civil rights violation. Section 1983 doesn’t create any new rights; it merely provides a way to enforce civil rights already established by the U.S. Constitution or other federal laws.

The acts that can give rise to a Section 1983 claim are varied and can include police brutality, excessive force, violations of freedom of speech or assembly, unreasonable search and seizure, excessive bail, racial profiling, and more.

Who can be sued under Section 1983?

Potential defendants under 1983 include police officers, prison guards, judges, public officials, and even private individuals acting on behalf of the state or local government.

Suing a Jail For the Death of a Pretrial Detainee

To establish liability under 42 U.S.C. § 1983, a plaintiff must show:

  1. an official policy (or custom), of which
  2. a policymaker can be charged with actual or constructive knowledge, and
  3. a constitutional violation whose ‘moving force’ is that policy (or custom).

A plaintiff must show that this policy was implemented with “deliberate indifference” to the known or obvious consequences that a constitutional violation would result. A “deliberate indifference” may be shown by a series or pattern of similar violations or a single incident wherein the injury suffered was “highly predictable.”

Under this theory, a jail could be sued for deaths in a jail alleging unconstitutional conditions of confinement such as:

  1. Overcrowding and understaffing of the jail
  2. Failure to properly observe and monitor detainees
  3. Denial of medical care to detainees
  4. Institutionzlition of excessive force by officers against detainees
  5. Maintain a culture of violence in the jail among detainees.

Elements to Prove a Wrongful Death in Jail

Here are the key elements that must typically be established in a Section 1983 action for wrongful death:

  1. Conduct by a Person: The defendant in a Section 1983 lawsuit must be a “person” acting under state or local law. This generally includes government officials, employees, and entities acting in an official capacity.
  2. Acting Under Color of State Law: The defendant must have acted “under color of state law” when the action occurred. This means the actions or behaviors that violated the plaintiff’s rights must be closely related to the defendant’s role as a governmental official or entity.
  3. Deprivation of Rights: The plaintiff must show that they were deprived of a constitutional right or a federal statutory right. This is the core of a Section 1983 claim, and it involves demonstrating that the defendant’s actions or inactions directly led to a violation of rights such as freedom of speech, right to due process, or protection from unreasonable searches and seizures.
  4. Causation: The plaintiff must demonstrate a direct causal link between the defendant’s action and the deprivation of constitutional or federal statutory rights. This means showing that the harm would not have occurred but for the defendant’s conduct.
  5. Damages: Finally, the plaintiff must show that they suffered some harm or damages due to the deprivation of their rights. This can include physical injury, emotional distress, loss of earnings, or other types of damages.
  6. Overcoming Sovereign Immunity: While this is not an element, you will have to overcome sovereign immunity as a practical matter. Sovereign immunity is a legal doctrine that protects governments and their agencies from being sued without their consent. To successfully bring a Section 1983 claim against certain government officials or entities, plaintiffs must navigate around sovereign immunity issues.

knowledge is power

Types of Claims for Wrongful Death in Jail

The United States Supreme Court has recognized pretrial detainees (inmates held before their cases are resolved, as opposed to inmates who have been sentenced) have both procedural and substantive due process rights under the Fourteenth Amendment. See Bell v. Wolfish, 441 U.S. 520 (1979). The Fifth Circuit in Flores recognized that pretrial detainee civil rights violations could give rise to two types of claims:

  • episodic-acts-or-omissions claims or
  • conditions-of-confinement claims.

Wrongful Death in Jail: Episodic Claims vs. Condition of Confinement Claims

An episodic-act-or-omission claim “faults specific jail officials for their acts or omissions” for the death. See Shepherd v. Dallas Cnty., 591 F.3d 445, 452 (5th Cir. 1997). By contrast, a conditions-of-confinement challenge is a challenge to the “general conditions, practices, rules, or restrictions of pretrial confinement.” See Estate of Henson v. Wichita Cnty., 795 F.3d 456 (2013). Conditions-of-confinement claims may challenge, for example, the number of bunks per cell, the placement of a detainee in disciplinary segregation, etc. For both claims, a plaintiff has two burdens: to show (1) that a constitutional violation occurred and (2) that a government policy was the moving force behind the violation.

Category Type of Claim Focus Legal Standard Examples
Episodic Acts or Omissions Specific acts or omissions by individuals Actions or failures to act by staff toward detainees Must show intent to harm or reckless disregard for detainee’s rights Denial of medical care for a specific condition, use of excessive force during an interrogation
Conditions of Confinement General conditions or policies affecting detainees Overall conditions or systemic issues within the facility Not reasonably related to a legitimate government objective Overcrowding, lack of sanitation, inadequate general medical care, inadequate facilities

Conditions of Confinement Claims

To prevail on a conditions-of-confinement claim, a plaintiff must show a condition, rule, restriction, or practice or sufficiently extended or pervasive acts or omissions of a jail official – that was not reasonably related to a legitimate government objective – caused the constitutional violation.

Practices that are “sufficiently extended or pervasive, or otherwise typical of extended or pervasive misconduct,” can represent official policy. Showing a pervasive pattern is a heavy burden. See Shepherd v. Dallas County, 591 F.3d 445, 452 (5th Cir. 2009). When the official policymaker knows about misconduct yet allegedly fails to take remedial action, this inaction arguably shows acquiescence to the misconduct, which could be a basis for a jury to decide that it is sufficient to show it was an official policy. See Duvall v. Dallas County, 631 F.3d 203 (5th Cir. 2011).

Episodic Acts or Omissions Claims

While conditions-of-confinement claims challenge the constitutionality of pervasive, systemic policies and customs, episodic-acts-or-omissions claims challenge the constitutionality of the way in which a policy or custom was applied by a jail official in a particular instance.

To establish liability in an episodic-act case under the Fourteenth Amendment, a detainee must show: (1) that the employee violated the pretrial detainee’s clearly established constitutional rights with subjective deliberate indifference and (2) that this violation resulted from a policy or custom adopted and maintained with objective deliberate indifference. For purposes of an episodic-acts-or-omissions claim, a jail official violates a pretrial detainee’s constitutional right to be secure in his basic human needs only when the official had subjective knowledge of a substantial risk of serious harm to the detainee and responded to that risk with deliberate indifference. This standard – deliberate indifference by a jail official to a substantial risk of serious harm – presents a high bar; negligence or even gross negligence is not enough. For example, the Fifth Circuit has established that pretrial detainees have a constitutional right, under the Due Process Clause of the Fourteenth Amendment, not to have their serious medical needs met with deliberate indifference on the part of the confining officials. Estelle v. Gamble, 429 U.S. 97, 103 (1976); Hare v. City of Corinth, 74 F.3d 633, 636 (5th Cir.1996).

Tough cases call for the toughest lawyers.

How to Overcome Sovereign Immunity

The doctrine of sovereign immunity shields a government official from civil liability for damages based upon the performance of discretionary functions if the official’s acts were objectively reasonable in light of the clearly established law. Harlow v. Fitzgerald, 457 U.S. 800. The plaintiff then has the burden ‘to rebut this defense by establishing that the official’s allegedly wrongful conduct violated clearly established law.’ Salas v. Carpenter, 980 F.2d 299, 306 (5th Cir.1992).

Step 1 in Overcoming Sovereign Immunity:

The first step in the qualified immunity analysis is to determine whether the plaintiff has alleged the violation of a clearly established federal constitutional (or federal statutory) right. Hare v. City of Corinth, 135 F.3d 320, 325 (5th Cir.1998)

Step 2 in Overcoming Sovereign Immunity:

If the plaintiff has alleged a violation of federal law as the basis of the claim, the Court must then assess whether the defendant’s conduct was objectively reasonable in light of clearly established law. Hare III, 135 F.3d at 326; Pierce, 117 F.3d at 872. “Clearly established” means that the “contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Anderson, 107 S.Ct. at 3039.

The defendant’s acts are held to be objectively reasonable unless all reasonable officials in the defendant’s circumstances would have then known that the defendant’s conduct violated the United States Constitution or the federal statute as alleged by the plaintiff.

Because qualified immunity turns only upon the objective reasonableness of the defendant’s acts, a particular defendant’s subjective state of mind has no bearing on whether that defendant is entitled to qualified immunity. An official is eligible for qualified immunity even if the official violated another’s constitutional rights.

What happens when you file a lawsuit?

You can expect the county to file a motion for summary judgment based on sovereign immunity, which is often successful at the district court level. If that happens in Texas, it takes a successful appeal to the Fifth Circuit Court of Appeals to get back on track. That is exactly what happened this year in Ford v. Anderson County, Texas, (No. 22-40559) (5th Cir. 2024). This case stemmed from the death of a jail inmate alleging the county, sheriff, and jail doctor failed to treat the inmate’s chronic illness, leading to her death, which was preventable. The district court granted summary judgment based on sovereign immunity and dismissed the claim. On appeal, the Fifth Circuit reversed the district court with regard to several claims raised.

What is the Statute of Limitations to Bring a 1983 Claim in Texas?

In Texas, 1983 claims are subject to a two-year statute of limitations under Texas Civil Practice and Remedies Code section 16.003. See Gaylor, 981 F. 2d 254, 257 (5th Cir. 1993)

Wrongful Death in Jail Cases in Texas

If you are the surviving spouse, child, and parent of an individual who died in a jail, it is critical for you to reach out to discuss the matter with an attorney. Ultimately, very high thresholds to obtain relief under Section 1983 means most deaths won’t give rise to a claim. If you believe you may have a claim that arises out of Texas, contact us for a free, no-obligation consultation at 817-203-2220.

Varghese Summersett

Varghese Summersett has carved a niche in the legal community for its unwavering commitment to justice, excellence, and service. The awards the firm and its members have received are a testament to our commitment to providing unmatched results and unparalleled service. Here’s an overview of many of the awards the firm and its members have received over the years.

Firm-Wide Achievements

Varghese Summersett has been recognized for its rapid growth, ethical business practices, and impact on the local economy. Some of our most notable firm-wide awards include:

  • Named 782nd Fastest-Growing Business in the Country by Inc. 5000: A national recognition that underscores the firm’s strategic growth and commitment to client service.
  • Named Sixth Fastest-Growing Company in Fort Worth by Fort Worth Inc.: This local honor reflects the firm’s financial growth and its contribution to Fort Worth’s reputation as a business hub.
  • Selected as a Small Business of Year by Fort Worth Chamber: Awarded for exemplifying entrepreneurship with sound business practices, highlighting the firm’s ethical and innovative approach to law.
  • Recipient of the TVAS Pro Bono Law Firm Partner Award: The Law Firm Partner Award from Tarrant County Volunteer Attorney Services recognizes the firm’s dedication to providing pro bono legal services. Varghese Summersett’s receipt of this award underscores their dedication to ensuring justice is accessible to all, regardless of financial means.

Community Impact and Service

Varghese Summersett’s commitment extends beyond the courtroom to making a positive impact in the community:

  • Tarrant Area Food Bank: Board, Chair-Elect (Ty Stimpson)
  • Boys and Girls Club of Greater Tarrant County: Board Member (Ty Stimpson)
  • Young Men’s Leadership Academy, Advisor Board Member (Ty Stimpson)
  • LTV Rise Board Chair: (Ty Stimpson) Dedicated to serving Fort Worth’s Las Vegas Trail Community
  • L. Clifford Davis Legal Association, President 2022-2023. (Ty Stimpson)
  • Trinity Habitat for Humanity: Board of Directors (Tanya Dohoney) Ambassador (Anna Summersett
  • Adjunct Faculty at Baylor University School of Law (Letty Martinez and Benson Varghese)
  • Tarrant County Criminal Defense Lawyers Past President (Benson Varghese)
  • Gubernatorial Appointment to the Governing Board of the Texas Civil Commitment Office (Christy Jack)
  • Gubernatorial Appointment to Texas State Child Fatality Review Team Committee (Letty Martinez)
  • Gubernatorial Appointment to Midwestern State University Board of Regents (Tiffany Burks)
  • L. Clifford Davis Legal Association, Past President (Tiffany Burks)
  • Tarrant County Bar Association: Board of Directors, Place 2 (Tiffany Burks)
  • Tarrant County Family Bar Association, Board Member (Turner Thornton)

A Culture of Excellence

Varghese Summersett has been lauded for its workplace culture, receiving awards that recognize it as an outstanding place to work:

  • Named a 2023 Best Place to Work in Fort Worth by Fort Worth Inc.: Based on employee feedback, this award recognizes companies with outstanding workplace policies and cultures.
  • Named a 2023 & 2024 DFW Favorite by Fort Worth Star-Telegram: Voted a DFW Favorite by the community, this accolade speaks to the firm’s strong reputation and the trust it has earned from clients and peers alike. Recognized as a Best Place for Working
  • Recognized as a Best Place for Working Parents: Fort Worth Mayor Mattie Parker recognized Varghese Summersett during the 2022 inaugural State of the City address for creating a family-friendly workplace that supports employees.
  • Individual Attorney Recognitions
  • The attorneys at Varghese Summersett have also received individual accolades for their legal expertise, service to the community, and leadership:
  • Christy Jack: Honored with the Daniel H. Benson Public Service Award from Texas Tech Law Alumni Association for her significant contributions to public service. Christy’s career, marked by her dedication to serving the public both as a prosecutor and defense attorney, embodies the spirit of this award.
  • Christy Jack: Named a Great Woman of Texas by the Fort Worth Business Press for being a trailblazer in her profession and for her dedication to family and the community.
  • Christy Jack: Named a Top Attorney by 360 West and Fort Worth Magazine.
  • Christy Jack: Designated a Super Lawyer by Super Lawyers Magazine
  • Anna Summersett: Named a Forty Under Forty by the Fort Worth Business Press, reflecting her impact as a legal professional and community leader. This award recognizes young professionals who are making significant contributions to their industries and communities.
  • Anna Summersett: Recognized as a Board Certified Criminal Law Specialist
  • Anna Summersett: Recognized as an Entrepreneur of Excellence finalist in the Professional Services category. Fort Worth Inc.’s Entreprenuer or Excellence Awards Program recognizes and honors entrepreneurial owners of private companies.
  • Anna Summersett: Named a Rising Star by Super Lawyers Magazine
  • Ty Stimpson: Awarded the Young Professional of the Year by the Fort Worth Chamber, celebrating his leadership and achievements in his industry, organization, and larger Fort Worth community.
  • Ty Stimpson: Recipient of Dr. Marion J. Brooks Legend in the Making Award for Law. This prestigious award honors civic and community leaders who are making their mark in Tarrant County.
  • Ty Stimpson: Honored by State Bar of Texas for his role in LeadershipSBOT – a prominent program that recruits, trains, and retains lawyers for leadership positions. Benson Varghese: Recognized as a Board Certified Criminal Law Specialist
  • Benson Varghese: Designated a Super Lawyer by Super Lawyers Magazine
  • Benson Varghese: Named a Top Lawyer by 360 West and Fort Worth Magazine
  • Benson Varghese: Named has a Top 100 Rising Stars in Texas by Super Lawyer Magazine
  • Benson Varghese: Added to the 2023 Texas Lawyer magazine’s Watch List Benson Varghese: Named the 2019 Outstanding Young Lawyer by the Tarrant County Young Lawyer’s Association.
  • Benson Varghese: Recipient of the 2017 Minority Leader in Business Award by the Fort Worth Business Press
  • Tiffany Burks: Recipient of the L. Clifford Davis Legal Excellence Award. This award is given to attorneys who have demonstrated a commitment to legal excellence and community service. Tiffany Burks’s receipt of this award highlights her trailblazing career and dedication to justice.
  • Tiffany Burks: Recognized as an Extraordinary Minority in Law by Texas Lawyer Magazine.
  • Tiffany Burks: Designated a Super Lawyer by Super Lawyer Magazine
  • Letty Martinez: Recognized as a Board Certified Criminal Law Specialist
  • Letty Martinez: Named a Top Attorney by 360 West and Fort Worth Magazine.
  • Letty Martinez: Designated as a Super Lawyer by Super Lawyer Magazine
  • Lisa Herrick: Recognized as a Board Certified Juvenile Specialist, one of only two in Tarrant County
  • Lisa Herrick: Named a Rising Star by Super Lawyers Magazine
  • Lisa Herrick: Named a Top Attorney by 360 West and Fort Worth Magazine
  • Turner Thornton: Named a Rising Star by Super Lawyers Magazine
  • Nicole Carroll: Named a Top Attorney by Fort Worth Magazine
  • Nicole Carroll: Named a Top Lawyer by Southlake Style
  • Wade Griffin: Named a Top Attorney by Fort Worth Magazine
  • Kristen Carr: Named a Rising Star by Super Lawyers Magazine and a Top Attorney by Fort Worth Magazine
  • Kristen Carr: Recognized as a Best Lawyer in America by Best Lawyers Magazine
  • Alex Thornton: Named a Rising Star by Super Lawyers Magazine
  • Audrey Hatcher: Named a Rising Star by Super Lawyers Magazine
  • Mitch Monthie: Named a Rising Star by Super Lawyers Magazine
  • Laura Richardson: Named a Rising Star by Super Lawyers Magazine
  • Steve Jumes: Recognized as a Board Certified Criminal Law Specialist (Steve Jumes now presides as the judge over the 485th District Court in Texas.)
  • Varghese Summersett lawyers are named in the exclusive Best Lawyers in America.
  • Tanya Dohoney (retired): Recognized as a double Board Certified Specialist in Criminal and Criminal Appellate Law.

The myriad awards and recognitions earned by Varghese Summersett and its attorneys reflect the firm’s relentless pursuit of justice, dedication to excellence, and profound impact on the lives of those they represent. Each accolade tells a story of a firm that stands out not just for its legal prowess but for its heart and soul — a commitment to serving its clients and community with integrity and compassion.

Varghese Summersett

Legality of Delta 8 THC, Delta 9 THC, Delta 10 THC, and THCA in Texas

Contravening Winds of Change in Texas?

You can’t go very far in Texas without seeing a store that sells THC products, whether it is your local headshop or neighborhood convenience store. In fact, THC dispensing vending machines are popping up all over the Lone Star State. Given their widespread prevalence, you might wonder, “If it were illegal, they wouldn’t be able to sell these products, right?”

S Congress Vending machine
byu/tipsytarotalks in Austin

While you can buy THC products at just about every turn in Austin, the conversations happening between lawmakers inside the Texas State Capitol paint a very different picture of where Texas is heading. Lieutenant Governor Dan Patrick has been vocal and direct about his stance on THC and marijuana legislation. This year, he previewed priorities for the 2025 legislative session, which included explicitly banning Delta 8 and Delta 9 THC. (To be clear Delta 9 THC with a concentration greater than .3% is already illegal – and a felony – in Texas.)

In this article, we will discuss the legality of Delta 8 THC, Delta 9 THC, Delta 10 THC, as well as THCA in Texas. We will also discuss the criminal risks associated with each of these products, particularly those sold as legal products in Texas.

When is THC illegal in Texas?

The simple answer is THC is illegal to possess in Texas if it is Delta 9 THC and the concentration of THC is greater than .3% by dry weight.

Specifically, Health and Safety Code Section 481.002(5) states that controlled substances do not include “tetrahydrocannabinols in hemp.” As we will discuss later in this article, this is a critical provision that affects how the suspected substances are evaluated and prosecuted.

Why are we discussing so many types of THC?

THC, or tetrahydrocannabinol, is a chemical compound found in the cannabis plant that is primarily responsible for the psychoactive effects associated with marijuana use. It interacts with the body’s endocannabinoid system, particularly the CB1 receptors in the brain, to produce effects such as euphoria, relaxation, altered perceptions, and increased appetite.

Quick Reminders from Chemistry Class 

Isomers: An isomer refers to a compound that shares the same chemical formula as another compound but has a different arrangement of atoms in the molecule, leading to different properties.

Precursor: A precursor is a compound that participates in a chemical reaction to produce another compound.

What is Delta 8, Delta 9, and Delta 10 THC and THCA?

Delta 8 THC, Delta 9 THC, and Delta 10 THC are isomers, meaning they have the same molecular formula but differ in the arrangement of atoms and the position of their double bonds within the molecule.

What is the difference between Delta 8 THC, Delta 9 THC, Delta 10 THC, and THCA?

Delta 9 THC

This is the most abundant form of THC found in cannabis plants and is well-known for its strong psychoactive effects. It is the standard form of THC that is most commonly associated with the use of cannabis.

Delta 8 THC

Delta 8 is chemically similar to delta 9 THC, but with the double bond on the eighth carbon in the chain, as opposed to the ninth. It is found in much lower concentrations in cannabis plants. Delta 8 THC is known for producing a milder high compared to Delta 9, with less anxiety and paranoia, which some users prefer. It also has potential medicinal benefits but is less potent.

Delta 10 THC

Like Delta 8, Delta 10 THC is found in only trace amounts in natural cannabis. The double bond in Delta 10 is located on the tenth carbon atom. It is generally considered to be less psychoactive than Delta 9 and Delta 8. Users report that Delta 10 offers a more energizing and less intense experience.

delta 8 thc delta 9 thc delta 10 thc

THCA

Tetrahydrocannabinolic acid (THCA) is a non-psychotropic acidic cannabinoid naturally occurring in the cannabis plant that serves as a precursor to tetrahydrocannabinol (THC). It is also the most abundant non-psychoactive cannabinoid found in cannabis.

THCA Chemical Compound

How is THC Prosecuted in Texas?

As the law stands right now in Texas, for THC to be prosecuted, it has to be delta-9 THC, and it has to be in a concentration of 0.3% or more by dry weight. If the prosecution believes that you possessed THC outside the marijuana plant and the concentration of THC is greater than 0.3% by dry weight, you can be charged with a felony.

our bench is deep

What are the risks of possessing Delta 8 THC and Delta 10 THC?

Delta 8 THC is not illegal in Texas; Neither is Delta 10 THC.

To understand why Delta 8 and Delta 10 aren’t illegal, you have first to understand how THC is criminalized in Texas.

Texas categorizes cases into penalty groups. Health and Safety Code Section 481.103 defines Penalty Group 2, which includes “any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers unless specifically excepted.”

It goes on to include “tetrahydrocannabinols, other than marihuana, and synthetic equivalents of the substances contained in the plant… and their isomers with similar chemical structure and pharmacological activity.”

You would think this means if Delta 8 and Delta 10 are either synthetic equivalents or isomers with similar chemical structure and pharmacological activity they are illegal.

That would be true except for the exemption in Section 481.002, which excludes hemp and THC in hemp.

Hemp is defined in Agriculture Code Section 121.001 and includes “all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers [of the Cannabis sativa L. plant], whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

As a result, any substance that is derived from the Cannabis sativa L. plant (genetically, both marijuana and hemp are the same plant) with a delta 9 THC concentration of 0.3 percent or less is legal, as are all cannabinoids (so THC 8 and 10) that have an equally low THC concentration. Does that mean there’s no risk in purchasing or possessing these products? No.

Read on to understand why possessing something legal in Texas can get you arrested, charged, and become a problem you will spend thousands of dollars to rectify.

  • In the field, the police cannot determine concentrations.

In Texas, police use the NARK II Duquenois-Levine Reagent to test for THC in the field. This reagent is part of a presumptive test designed to identify THC in marijuana and other cannabis-related substances. This test is qualitative, not quantitative, meaning it can indicate the presumptive presence of THC but does not specify the concentration. Further, it cannot differentiate between THC isomers such as Delta-9 THC, Delta-8 THC, Delta-10 THC, or THCA.

What this means is officers who suspect a substance might be illegal will use a reagent that cannot distinguish between types of THC (legal or illegal) and gives them no information about concentration. This means they can place you under arrest, and you’ll have to bond out, hire a lawyer, fight the case in court, and very likely pay for your own lab test before the case is resolved.

  • THC concentration may vary based on the testing method.

Gas Chromatography

There are several ways to test for THC concentration in a lab. Most criminal labs in Texas use gas chromatography. This is sufficiently accurate (for government work), and perhaps more importantly, it would be virtually impossible to find a criminal lab in Texas without a gas chromatograph. Gas chromatography (GC) is a method used to separate and analyze compounds that can be vaporized, commonly applied in the analysis of THC (tetrahydrocannabinol), the psychoactive component in cannabis.

High-performance liquid chromatography

High-performance liquid chromatography (HPLC) has been reported as the best method for testing cannabinoids.

A key difference between HPLC and GC is that the suspected substance does not have to be heated, unlike GC, which depends on testing a vaporized substance.

Thin-Layer Chromatography

Finally, the cheapest way to test for THC is through Thin-Layer Chromatography (TLC). Producers, sellers, and vendors often use TLC because of the low testing cost. TLC has far lower sensitivity. TLC is more qualitative than quantitative, which means it is better at indicating the presence of a substance rather than accurately measuring its concentration. This can lead to underreporting when precise quantification is necessary, as TLC might not provide the exact levels of THC present.

Method Description Common Use by Law Enforcement Cost
Gas Chromatography (GC) Utilizes heat to vaporize and separate compounds, allowing for the detection of various substances, including THC. Often used with a mass spectrometer (GC-MS) for enhanced detection. Yes. GC is the most commonly used method. Medium to High
High-Performance Liquid Chromatography (HPLC) Operates at room temperature and can differentiate between non-psychoactive and psychoactive components of cannabis, such as THCA and THC. No. Most labs do not have HPLC. High
Thin-Layer Chromatography (TLC) Involves applying samples to a plate and separating them. It is not as precise and is mainly used for screening rather than detailed analysis. Not used in criminal labs in Texas in THC testing. Low

Back to THC 8 and THC 10: 

If you purchase something with Delta 8 or Delta 10 THC, you still face a risk that a field officer will not be able to distinguish between the isomers of Delta 9 THC. This means you will likely be arrested and have to defend the case in court. You are also running the risk that the lab report you relied on in purchasing the product was not accurate or reliable for the reasons outlined above.

being proactive in criminal defense

What are the risks of possessing Delta 9 THC sold in low concentration?

Let’s say you buy a product that claims to have Delta 9 THC in a legal concentration that is equal to or less than 0.3 % by dry weight. Let’s say the seller even provides a lab test showing the concentration. You might be tempted to think your purchase and possession are perfectly legal, except there’s no way for an officer to know if the THC concentration is greater than 0.3% by dry weight or not. So once the reagent tests show a presumptive positive for THC, you are getting arrested.

What are the risks of possessing THCA?

THCA deserves its own section and explanation. THCA (tetrahydrocannabinolic acid) is not an isomer of Delta 9 THC; it is a cannabinoid precursor and an acidic form of THC. THCA itself is non-psychoactive, meaning it does not produce the “high” associated with THC. It is found in higher concentrations in fresh, undried cannabis plants, particularly in the raw cannabis buds.

THCA (C22H30O4): Tetrahydrocannabinolic acid is found in raw and live cannabis plants. It is the non-psychoactive acidic form of THC. THCA does not produce psychoactive effects unless it is decarboxylated, usually through heating.
Delta-9 THC (C21H30O2): When THCA is exposed to heat, it undergoes a chemical reaction known as decarboxylation, where it loses a carboxyl group (COOH) as carbon dioxide and water. This transformation changes THCA into Delta-9 THC, the well-known psychoactive compound found in cannabis.

THCA has become a popular alternative for individuals in Texas who want the effects of THC without having to possess marijuana and risk an arrest and prosecution that could come with that in Texas.

Is THCA legal in Texas?

THCA is legal in Texas.

Does that mean you can possess it or convert it to THC by smoking or vaporizing it without consequence? No.

If you were stopped while you were smoking or vaporizing THCA, you would no longer have THCA, you would be in possession of THC.

The other significant risk is the testing. Unlike the testing issues with THC-8 and THC-10, the significant risk here is that the testing itself can create the substance law enforcement is looking for and for which prosecutions are based.

Put simply, legal THCA becomes illegal Delta 9 THC when it is heated. In Texas, the most common way criminal labs test cannabinoids is gas chromatography. Heating and vaporizing a sample is a necessary step in gas chromatography. As a result, not only will you be arrested based on a non-specific reagent test, but you will also be prosecuted based on a lab report showing the presence of an illegal concentration of THC. While there are a number of ways to get a case dismissed, you may have to have the sample tested by an outside lab that uses HPLC to prove what you possessed was THCA and not THC.

Our lawyers are your bridge over troubled waters.

Legal Challenge For Prosecutors

It is important to note that possession charges in Texas require proof of knowledge of the substance’s illegal status. Therefore, having a lab report indicating that a product is within the legal THC limit could be beneficial. Similarly, having a report that documents you were in possession of THCA as opposed to any THC isomer could be helpful.

In summarizing the complexities and legal nuances surrounding the use of Delta 8 THC, Delta 9 THC, Delta 10 THC, and THCA in Texas, it becomes evident that the state’s stance on these substances is both intricate and evolving. Despite the apparent ubiquity of THC products in Texas, particularly in areas like Austin, the legal landscape is fraught with contradictions. As Texas moves towards the 2025 legislative session and THC products become more prevalent, it becomes imperative for every Texan to stay abreast of the changes in legislation surrounding these substances.

Additional Reading

The Legality of CBD Oil in Texas

Arrested for THC in North Texas? Contact Us.

If you have been arrested for possessing THC in North Texas, it’s important to have an experienced defense attorney who understands the intricacies of THC laws in Texas. As you can see, we have a deep understanding of the legal landscape surrounding THC in Texas, including the complexities of Delta 8, Delta 9, Delta 10 THC, and THCA. Our goal is to get the case dismissed at the outset or resolve it in a manner that will keep your record clean and not negatively impact your future. Call 817-203-2220 to speak with an experienced attorney today.

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The Legality of Delta 8 THC, Delta 9 THC, Delta 10 THC, and THCA in Texas

Contravening Winds of Change in Texas?

It seems like you can’t go very far in Texas without seeing a store that sells THC products, whether it is your local headshop or neighborhood convenience store. In fact, THC dispensing vending machines are popping up all over Texas. It is easy to think, “Well, if it were illegal, they wouldn’t be able to sell these products, right?”

S Congress Vending machine
byu/tipsytarotalks in Austin

While you can buy THC products at every turn in Austin, the conversations happening inside the Capitol paint a very different picture of where Texas is heading. Lieutenant Governor Dan Patrick has been vocal and direct about his stance on THC and marijuana legislation. This year, he previewed priorities for the 2025 legislative session, which included explicitly banning Delta 8 and Delta 9 THC. (To be clear Delta 9 THC with a concentration greater than .3% is already illegal – and a felony – in Texas.)

In this article, we will discuss the legality of Delta 8 THC, Delta 9 THC, Delta 10 THC, as well as THCA in Texas. We will also discuss the criminal risks associated with each of these products, particularly those sold as legal products in Texas.

When is THC illegal in Texas?

The simple answer is THC is illegal to possess in Texas if it is Delta 9 THC and the concentration of THC is greater than .3% by dry weight.

Specifically Health and Safety Code Section 481.002(5) provides controlled substances do not include “tetrahydrocannabinols in hemp.” As we will discuss later in this article, this is a critical provision that affects how the suspected substances are evaluated and prosecuted.

Why are we discussing so many types of THC?

THC, or tetrahydrocannabinol, is a chemical compound found in the cannabis plant that is primarily responsible for the psychoactive effects associated with marijuana use. It interacts with the body’s endocannabinoid system, particularly the CB1 receptors in the brain, to produce effects such as euphoria, relaxation, altered perceptions, and increased appetite.

Quick Reminders from Chemistry Class 

Isomers: An isomer refers to a compound that shares the same chemical formula as another compound but has a different arrangement of atoms in the molecule, leading to different properties.

Precursor: A precursor is a compound that participates in a chemical reaction to produce another compound.

What is Delta 8, Delta 9, and Delta 10 THC and THCA?

Delta 8 THC, Delta 9 THC, and Delta 10 THC are isomers, meaning they have the same molecular formula but differ in the arrangement of atoms and the position of their double bonds within the molecule.

What is the difference between Delta 8 THC, Delta 9 THC, Delta 10 THC, and THCA?

Delta 9 THC

This is the most abundant form of THC found in cannabis plants and is well-known for its strong psychoactive effects. It is the standard form of THC that is most commonly associated with the use of cannabis.

Delta 8 THC

Delta 8 is chemically similar to delta 9 THC, but with the double bond on the eighth carbon in the chain, as opposed to the ninth. It is found in much lower concentrations in cannabis plants. Delta 8 THC is known for producing a milder high compared to Delta 9, with less anxiety and paranoia, which some users prefer. It also has potential medicinal benefits but is less potent.

Delta 10 THC

Like Delta 8, Delta 10 THC is found in only trace amounts in natural cannabis. The double bond in Delta 10 is located on the tenth carbon atom. It is generally considered to be less psychoactive than Delta 9 and Delta 8. Users report that Delta 10 offers a more energizing and less intense experience.

delta 8 thc delta 9 thc delta 10 thc

THCA

Tetrahydrocannabinolic acid (THCA) is a non-psychotropic acidic cannabinoid naturally occurring in the cannabis plant that serves as a precursor to tetrahydrocannabinol (THC). It is also the most abundant non-psychoactive cannabinoid found in cannabis.

THCA Chemical Compound

How is THC Prosecuted in Texas?

As the law stands right now in Texas, in order for THC to be prosecuted, it has to be delta-9 THC, and it has to be in a concentration of 0.3% or more by dry weight. If the prosecution believes that you possessed THC outside the marijuana plant and the concentration of THC is greater than 0.3% by dry weight, you will be charged with a felony.

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What are the risks of possessing Delta 8 THC and Delta 10 THC?

Delta 8 THC is not illegal in Texas. Neither is Delta 10 THC.

To understand why it is not, you have first to understand how THC is criminalized in Texas.

Texas categorizes cases into penalty groups. Health and Safety Code Section 481.103 defines Penalty Group 2. It includes “any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers unless specifically excepted. It goes on to include “tetrahydrocannabinols, other than marihuana, and synthetic equivalents of the substances contained in the plant… and their isomers with similar chemical structure and pharmacological activity.”
You would think this means if Delta 8 and Delta 10 are either synthetic equivalents or isomers with similar chemical structure and pharmacological activity they are illegal.

That would be true except for the exemption in Section 481.002, which excludes hemp and THC in hemp.

Hemp is defined in Agriculture Code Section 121.001 and includes “all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers [of the Cannabis sativa L. plant], whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

As a result, any substance that is derived from the Cannabis sativa L. plant (genetically, both marijuana and hemp are the same plant) with a delta 9 THC concentration of 0.3 percent or less is legal, as are all cannabinoids (so THC 8 and 10) that have an equally low THC concentration. Does that mean there’s no risk in purchasing or possessing these products? No. Read on to understand why possessing something that is legal in Texas can get you arrested, charged, and become a problem you will spend thousands of dollars to fix.

  • In the field, the police cannot determine concentrations.

In Texas, police use the NARK II Duquenois-Levine Reagent to test for THC in the field. This reagent is part of a presumptive test designed to identify THC in marijuana and other cannabis-related substances. This test is qualitative, not quantitative, meaning it can indicate the presumptive presence of THC but does not specify the concentration. Further, it cannot differentiate between THC isomers such as Delta-9 THC, Delta-8 THC, Delta-10 THC, or THCA.

What this means at a practical level is officers who suspect a substance might be illegal will use a reagent that cannot distinguish between types of THC (legal or illegal) and gives them no information about concentration to place you under arrest. This means you’ll have to bond out, hire a lawyer, fight the case in court, and very likely pay for your own lab test before the case is resolved.

  • THC concentration may vary based on the testing method.

Gas Chromatography

There are several ways to test for THC concentration in a lab. Most criminal labs in Texas use Gas Chromatography. This is sufficiently accurate (for government work?), and perhaps more importantly, it would be virtually impossible to find a criminal lab in Texas without a gas chromatograph. Gas chromatography (GC) is a method used to separate and analyze compounds that can be vaporized, commonly applied in the analysis of THC (tetrahydrocannabinol), the psychoactive component in cannabis.

High-performance liquid chromatography

High-performance liquid chromatography (HPLC) has been reported as the best method for testing cannabinoids.

A key difference between HPLC and GC is that the suspected substance does not have to be heated, unlike GC, which depends on testing a vaporized substance.

Thin-Layer Chromatography

Finally, the cheapest way to test for THC is through Thin-Layer Chromatography (TLC). Producers, sellers, and vendors often use TLC because of the low testing cost. TLC has far lower sensitivity. TLC is more qualitative than quantitative, which means it is better at indicating the presence of a substance rather than accurately measuring its concentration. This can lead to underreporting when precise quantification is necessary, as TLC might not provide the exact levels of THC present.

Method Description Common Use by Law Enforcement Cost
Gas Chromatography (GC) Utilizes heat to vaporize and separate compounds, allowing for the detection of various substances, including THC. Often used with a mass spectrometer (GC-MS) for enhanced detection. Yes. GC is the most commonly used method. Medium to High
High-Performance Liquid Chromatography (HPLC) Operates at room temperature and can differentiate between non-psychoactive and psychoactive components of cannabis, such as THCA and THC. No. Most labs do not have HPLC. High
Thin-Layer Chromatography (TLC) A simpler method where samples are applied on a plate and separated. Not as precise, mainly used for screening rather than detailed analysis. Not used in criminal labs in Texas in THC testing. Low

Back to THC 8 and THC 10: 

If you purchase something with Delta 8 or Delta 10 THC, you still face the problem that an officer in the field will not be able to distinguish between the isomers of Delta 9 THC and Delta 9 THC itself. This means you will likely be arrested and have to defend the case in court. You are also running the risk that the lab report you relied on in purchasing the product was not accurate or reliable for the reasons outlined above.

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What are the risks of possessing Delta 9 THC sold in low concentration?

Let’s say you buy a product that claims to have Delta 9 THC in a legal concentration that is equal to or less than 0.3 % by dry weight. Let’s say the seller even provides a lab test that shows you the concentration. You might be tempted to think your purchase and possession are perfectly legal, except there’s no way for an officer to know if the THC concentration is greater than 0.3% by dry weight or not. So once the reagent tests showing a presumptive positive for THC, you are getting arrested.

What are the risks of possessing THCA?

THCA derseves its own section and explantion. THCA (tetrahydrocannabinolic acid) is not an isomer of Delta 9 THC; it is a cannabinoid precursor and an acidic form of THC. THCA itself is non-psychoactive, meaning it does not produce the “high” associated with THC. It is found in higher concentrations in fresh, undried cannabis plants, particularly in the raw cannabis buds.

THCA (C22H30O4): Tetrahydrocannabinolic acid is found in raw and live cannabis plants. It is the non-psychoactive acidic form of THC. THCA does not produce psychoactive effects unless it is decarboxylated, usually through heating.
Delta-9 THC (C21H30O2): When THCA is exposed to heat, it undergoes a chemical reaction known as decarboxylation, where it loses a carboxyl group (COOH) as carbon dioxide and water. This transformation changes THCA into Delta-9 THC, the well-known psychoactive compound found in cannabis.

THCA has become a popular alternative for individuals in Texas who want the effects of THC without having the possess marijuana and the risks of arrest and prosecution that come with that in Texas.

Is THCA legal in Texas?

THCA is legal in Texas.

Does that mean you can possess it or convert it to THC by smoking or vaporizing it without consequence? No.

If you were stopped while you were smoking or vaporizing THCA, you would no longer have THCA, you would be in possession of THC.

The other significant risk is the testing. Unlike the testing issues with THC-8 and THC-10, here a significant risk is that the testing itself can create the substance law enforcement is looking for and prosecutions are based.

Put simply, legal THCA becomes illegal Delta 9 THC when it is heated. In Texas, the most common way criminal labs test cannabinoids is gas chromatography. Heating and vaporizing a sample is a necessary step in gas chromatography. As a result, not only will you be arrested based on a non-specific reagent test, but you will also be prosecuted based on a lab report showing the presence of an an illegal concentration of THC. While there are a number of ways to get a case dismissed, you may have to have the sample tested by an outside lab that uses HPLC to prove what you possessed was THCA and not THC.

Our lawyers are your bridge over troubled waters.

Legal Challenge For Prosecutors

It is important to note that possession charges in Texas require proof of knowledge of the substance’s illegal status. Therefore, having a lab report indicating that a product is within the legal THC limit could be beneficial. Similarly, having a report that documents you were in possession of THCA as opposed to any THC isomer could be helpful.

In summarizing the complexities and legal nuances surrounding the use of Delta 8 THC, Delta 9 THC, Delta 10 THC, and THCA in Texas, it becomes evident that the state’s stance on these substances is both intricate and evolving. Despite the apparent ubiquity of THC products in Texas, particularly in areas like Austin, the legal landscape is fraught with contradictions. As Texas moves towards the 2025 legislative session and THC products become more prevalent, it becomes imperative for every Texan to stay abreast of the changes in legislation surrounding these substances.

Additional Reading

The Legality of CBD Oil in Texas

Varghese Summersett

Southlake officials canceled classes at two high schools on Wednesday after learning of a potential threat of a school shooting.

Officials said the threat involved a message written on a bathroom school door “by someone referring to the STARR test and a potential school shooting” on Wednesday.

Police are investigating the incident, and no one has been taken into custody. Still, the person(s) responsible for the threat could face criminal charges—regardless of whether it was a hoax to disrupt a test or whether they are a juvenile or an adult.

In this article, the criminal defense attorneys at Varghese Summersett explain the various types of offenses that could stem from making school threats in Texas, which are often pranks or false alarms but are still taken extremely seriously by law enforcement and school officials. Juvenile law expert Lisa Herrick also details the procedures and legal processes involved when a minor is taken into custody.

What Constitutes a School Threat?

A school threat is any statement, action, or behavior that expresses an intent to harm students, teachers, or staff at a school. This can include written messages, verbal statements, social media posts, drawings, or physical acts. The intent may be direct and specific, such as naming a particular person or group, or it may be more general and vague.

It is important to note that even if the person making the threat does not have the means or intent to carry out the act, their actions can still be considered criminal offenses. This is because any threat of violence against a school community causes fear and disrupts the learning environment for students.
Types of School Threats

Types of School Threats

Making a threat to a school can result in different criminal charges depending on the nature and severity of the threat. Here are some examples of school threats and their potential consequences:

Terroristic Threat

According to Section 22.07 of the Texas Penal Code, a person commits an offense if they threaten to commit any crime of violence to any person or property with the intent to:

  1. Cause a reaction of any type by an official or volunteer agency organized to deal with emergencies;
  2. Place any person in fear of imminent serious bodily injury;
  3. Prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other public place;
  4. Cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;
  5. Place the public or a substantial group of the public in fear of serious bodily injury; or
  6. Influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

Depending on the facts and circumstances, making a threat against a school or a student can certainly fall under this statute. The severity of the offense and punishment depends on the specific intent and target of the threat, ranging from a Class B misdemeanor to a third-degree felony. Read more about terroristic threats here and please take a minute to watch this video by Board Certified Juvenile Lawyer Lisa Herrick who explains when online bullying or banter can cross the line into making a terroristic threat.

Making a False Alarm or Threat

According to 42.06 of the Texas Penal Code, making a false alarm or threat  is committed if a person knowingly initiates, communicates or circulates a report of a present, past or future bombing, fire, offense or other emergency that he or she knows is false or baseless and that would ordinarily:

  1. cause action by an official or volunteer agency organized to deal with emergencies;
  2. place a person in fear of imminent serious bodily injury; or
  3. prevents or interrupts the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile or other mode of conveyance.

The severity of the punishment for making a false report or alarm depends on where the false alarm is reported to have occurred, not the location of the actor. If the false report involves a public or private institution of higher education or involves a public primary or secondary school, the offense is a state jail felony, punishable by six months to two years in a state jail facility and up to a $10,000 fine. If the alarm or false report involves any other location, it is a Class A misdemeanor, punishable by up to one year in jail and up to a $4,000 fine.

For example, pulling a fire alarm in a high school to get out of a test or calling in a false bomb threat at a university would be a state jail felony. Learn more about making a false alarm or threat.

Hoax Bombs

Under Texas Penal Code Section 46.08, a person commits an offense if they knowingly manufacture, sell, purchase, transport, or possesses a hoax bomb with intent to use the hoax bomb to:

  1. make another believe that the hoax bomb is an explosive or incendiary device;  or
  2. cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies.

This statute could apply if the threat to the school involves a fake bomb or even dropping a note saying there is a bomb in the school. Using a hoax bomb is a Class A misdemeanor, punishable by up to a year in jail and $4,000 in fines. Read more about hoax bombs in Texas.

Disruption Activities/Disruption of Classes

Texas Education Code Section 37.123 makes it an offense for a person, alone or in concert with others, to intentionally engage in disruptive activity on the campus or property of any private or public school. Disruptive activity includes:

  1. Obstructing or restraining the passage of persons in an exit, entrance, or hallway without authorization from the school administration;
  2. Seizing control of a building or portion of a building to interfere with an authorized activity;
  3. Preventing or attempting to prevent by force, violence, or threat a lawful assembly authorized by the school administration;
  4. Disrupting by force, violence, or threat a lawful assembly in progress;
  5. Obstructing or restraining the passage of a person at an exit or entrance, or preventing their ingress or egress, without authorization;

This statute can apply if a threat leads to the evacuation or significant disruption of school activities. An offense under this section is a Class B misdemeanor. Repeat offenders may also become ineligible to attend state-funded higher education institutions

child taken into custody

Juvenile Offenders: What Happens if Your Child is Taken Into Custody?

In Texas, offenses committed by an individual who is 10 years or older but under 17 are handled through the juvenile justice system. This process differs significantly from that for adults. Unlike adults, juveniles are not taken to a conventional jail to be processed. They are not “booked into jail.” Instead, they go through a procedure known as juvenile intake, which is specifically designed to handle minors with a focus on rehabilitation rather than punishment.

The Role of Juvenile Intake

Juvenile intake is a critical first step when a minor is taken into custody or accused of a crime. This process is triggered when authorities, be it school officials, citizens, or parents, report a juvenile’s alleged illegal activities. Law enforcement officers may respond by taking the child into custody for a formal intake or issuing a warning notice requiring the juvenile and their parents to attend a scheduled intake session.

Procedures Upon Custody

If a child is taken into custody, they are brought to a juvenile processing office — a designated area within a police station or similar facility, where they can be legally detained for up to six hours. This setting is not punitive like jail cells used for adults but is designed to safely secure the juvenile while processing them according to legal requirements. These include administrative tasks like completing essential forms, fingerprinting, and issuing required warnings.

Juvenile Intake Process in Tarrant County

During the juvenile intake process in Tarrant County, the case is initially handled by a juvenile intake probation officer. This officer reviews the offense report, conducts interviews with the juvenile and their parents, and assesses the situation. The goal is to determine the most appropriate next steps, which could range from referral for prosecution to supervised release with conditions.

During the intake process, the child will be fingerprinted and photographed. It is required by the Texas Department of Public Safety, regardless if you are a juvenile or an adult. In Tarrant County, the child will be taken to a specific fingerprint and photograph office at the detention center, where the photos and fingerprints will be taken.

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Juvenile Intake Interview

The intake interview is pivotal. It aims not to interrogate but to gather comprehensive information about the juvenile’s background, which includes their family environment, educational situation, and any potential mental health or substance abuse issues. This data helps build a social history that will guide the court in deciding how to proceed with the case. The process is designed to be non-adversarial, emphasizing the best interest of the child and family.

Outcomes of the Juvenile Intake Process

After the juvenile intake process concludes, the probation officer determines the appropriate next steps based on the severity and specifics of the case. There are several potential outcomes including:

  • Supervisory Caution: Here, the probation officer advises the juvenile on their behavior and may direct them to a social service agency or a community program designed for first offenders. Under this outcome, the case does not advance to the District Attorney’s Office, and no formal charges are placed.
  • Deferred Prosecution Probation: This option allows the juvenile to enter into a probation agreement. If they successfully adhere to its conditions and complete the program, the charges are dismissed, and the case is closed. However, failure to comply or complete the program could lead to the case being escalated to the prosecutor for formal charging.
  • Referral to District Attorney for Prosecution: In more severe instances, such as felonies or crimes involving assault or weapons, the probation officer must send the case to the District Attorney’s Office for further review and potential prosecution.

The Importance of Legal Representation and Expertise

Throughout this process, it is crucial for a juvenile to have skilled and specialized legal representation. Lisa Herrick, a board-certified juvenile law expert, is vital to the Varghese Summersett team. Her expertise is especially important during the juvenile intake process, ensuring the juvenile’s rights are protected. If your child has been accused of making a school threat, having Lisa by their side can make a significant difference in the outcome of the case.

If you are an adult in the eyes of the law – age 17 or older – and have been accused of making school threats, you will be handled as an adult in the criminal justice system. At Varghese Summersett, we have the top attorneys in Texas on our roster who will fight for the best possible outcome in your case. Our goal is to resolve the case in a manner that will keep your record clean and not negatively impact your future. Call 817-203-2220 to speak to an experienced attorney today.
School Threats in Texas: The Crimes and Consequences

Varghese Summersett

Assault on a pregnant woman is a very serious crime in Texas. Not only is it a felony to assault a pregnant woman, but a conviction can have far-reaching consequences on your personal and professional life. The laws in Texas are very strict when it comes to protecting pregnant women and their unborn children.

If you or a loved one is facing a charge of assault on a pregnant woman in North Texas, it’s imperative to contact a seasoned defense attorney as soon as possible. Our attorneys have vast experience handling the most serious cases in Tarrant and Dallas counties and understand the gravity of this accusation. In this article, we explain the crime, consequences, and possible defenses to assault on a pregnant woman in Texas.

Texas Law _ Assault on Pregnant Woman

The Law: Assault on a Pregnant Woman in Texas

Under Section 22.01 of the Texas Penal Code, a person commits assault on a pregnant woman if he or she intentionally, knowingly, or recklessly causes bodily injury to:

  • a pregnant individual to force an abortion; or
  • to a person they “know is pregnant at the time of the offense.”

In Texas, bodily injury is any physical pain, illness, or impairment of physical condition. This definition is very broad—bodily injury does not require visible injuries, medical treatment, or even emergency services being called. The victim simply stating they felt pain is sufficient to establish bodily injury under Texas law.

So, for example, let’s say a person pushes their pregnant partner during an argument. Even if the push did not cause any visible injuries or require medical treatment, the fact that it caused pain to the victim could be considered bodily injury and, therefore, qualify as assault on a pregnant woman, which is a felony in Texas.

It’s important to point out that, to be convicted of fetal assault, the accused must have known or reasonably should have known that the woman was pregnant at the time of the assault. This means that if the woman was not showing any signs of pregnancy or didn’t tell anyone, it may be difficult to prove that the defendant knew or should have known she was pregnant.

Penalties for Assaulting Pregnant Woman

Punishment for Assault on a Pregnant Woman

In Texas, assault on a pregnant woman is a third-degree felony, punishable by 2 to 10 years in prison and a maximum $10,000 fine. The punishment used to be a Class A misdemeanor, but Texas lawmakers passed a law in September 2019 that elevated the punishment.

This change was made to take the safety of pregnant women more seriously, as statistics show domestic abuse is common during pregnancy and can have severe consequences for both the mother and unborn child.

Assault on a Pregnant Women if Fetus Dies

If an assault was committed against a pregnant woman and the fetus died, the defendant could potentially face a capital murder charge. Texas law recognizes an unborn child as a potential victim of a separate offense under the state’s criminal homicide chapter.

Texas Penal Code 19.03 states that a person commits the offense of capital murder if the person intentionally or knowingly causes the death of an individual and the person murders an individual under 10 years of age. The Texas Penal Code 1.07 (26) further defines an individual as “a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.” This means if an assault on a pregnant woman results in the death of a fetus, charges could potentially include capital murder if the situation meets the necessary legal criteria.

Capital murder is the most serious charge in Texas, punishable by life in prison without parole or the death penalty.

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Collateral Consequences of Assault on a Pregnant Woman

A conviction for assault on a pregnant woman in Texas can lead to prison time and hefty times, but the collateral consequences can be just as severe. These include:

  • Loss of employment opportunities: Employers are hesitant to hire someone with a felony conviction, particularly one involving violence.
  • Difficulty finding housing: Landlords may refuse to rent to individuals with violent criminal records.
  • Loss of civil rights: Convicted felons may lose their right to vote, own firearms, and other civil liberties.
  • Impact on family relationships: Such a conviction can strain or sever familial bonds and affect custody or visitation rights with children.
  • Damage to reputation: The stigma attached to a violent felony conviction can cause long-lasting damage to one’s social standing and personal relationships.
  • Potential deportation for non-citizens: A domestic violence conviction can lead to deportation proceedings for non-citizens.As you can see, the collateral consequences of an assault on a pregnant woman charge in Texas can be far-reaching, impacting employment, professional licenses, firearm ownership, family rights, and overall reputation, even beyond the direct criminal penalties.

It is crucial to seek experienced legal representation if you have been accused of assaulting a pregnant woman to minimize these consequences and improve your chances of a favorable outcome. The legal team at Varghese Summersett has a proven track record of successfully defending clients against assault charges.

Assault on a Pregnant Woman in Texas | Pregnant Person Assault

Possible Defenses to Assault on a Pregnant Woman in Texas

Defending against a charge of assault on a pregnant woman in Texas involves navigating complex legal strategies. Here are some possible defenses that could be used, depending on the circumstances of the case:

  1. Lack of Knowledge: The defendant may argue that they were unaware that the woman was pregnant. Under Texas law, to be convicted of assault against a pregnant woman, it must be proven that the defendant knew or should have known of the pregnancy.
  2. Lack of Intent: The defense might assert that the defendant did not intend to cause harm. This can be a crucial factor, as intent is a necessary element to establish many assault charges.
  3. Accident: The defendant could claim that any injury caused was accidental and not a result of intentional or reckless behavior. This would involve demonstrating that there was no intent to harm and that reasonable care was taken.
  4. Self-Defense: If the defendant believed they were in imminent danger of being harmed, they might claim self-defense. This requires showing that the use of force was necessary and proportionate to the threat faced.
  5. Defense of Others: Similar to self-defense, this argument asserts that the defendant was protecting another person from immediate harm. The force used must be shown to have been necessary and reasonable under the circumstances.
  6. Insufficient Evidence: The defense may simply argue that the prosecution has not met its burden of proof to establish the defendant’s guilt beyond a reasonable doubt. This can involve challenging the credibility of witnesses or the integrity of evidence.
  7. Mistake of Fact: This defense involves the defendant having a mistaken belief that, if true, would negate an element of the offense (such as not knowing the individual was pregnant).

Each case is unique, so the applicability of these defenses would depend on the specific facts and evidence of the situation. Legal representation is crucial for anyone facing such serious charges, as a qualified attorney can discuss the best defense strategy based on the details of the case.

Speak to an Experienced Criminal Attorney Today.

Are you or a loved one facing a charge of assault on a pregnant woman in Tarrant, Dallas, Wise, or Collin counties? What you do next can change the trajectory of your life. It’s important to contact an experienced defense lawyer who has experience, expertise and exceptional results. We can help.

The attorneys at Varghese Summersett have an unparalleled track record of success defending tough cases. From the initial phone call, you will experience how we are different. Call us today at (817) 203-2220 for a complimentary strategy session.

Fort Worth Criminal Defense Lawyers

Varghese Summersett

When someone has been injured in an accident and receives a personal injury settlement, the money is intended to cover medical expenses, lost wages, pain and suffering, and other losses. But what if the victim is paying child support? Can personal injury settlements affect child support in Texas?

The short answer is yes. However, the specifics of how and to what extent depend on various factors, including whether you are behind on your child support payments. In this article, our experienced attorneys explain how personal injury settlements affect child support in Texas and what you should do if you need assistance with a child support lien or modification due to a personal injury settlement.

How Personal Injury Settlements Affect Child Support

How Personal Injury Settlements Affect Child Support

If you receive a personal injury settlement and you owe back child support, you can expect your child support obligation to be paid out of your settlement before you receive any money. This is because Texas law gives a priority lien to unpaid child support. This means that the state has first rights to any funds owed for past-due child support.

But what if you are not behind on your child support payments? The fact that you received a personal injury settlement does not automatically mean your child support payments will increase. A modification to your existing child support agreement must be requested (usually by the other parent) and approved by the court. If a modification is not sought and you don’t owe back child support, your child support payments will remain the same.

Let’s examine both scenarios—garnishment with child support liens and modification due to increased income—in more detail.

Can Personal Injury Settlements Affect Child Support in Texas?

Child Support Liens On Personal Injury Settlements

It is not uncommon for people who are injured in an accident to struggle financially. This can lead to difficulties in meeting their child support obligations. When a parent who owes back child support receives a personal injury settlement, part of the settlement can be garnished or seized to cover the overdue payments.

In Texas, under Section 157.317 of the Texas Family Code, the state can place a lien on the settlement proceeds from personal injury claims. This means that before the parent receives any money from the settlement, the owed child support may be subtracted from the total amount. Here’s how child support clients work on personal injury settlements.

  1. Identification of Liabilities: Once a personal injury settlement is awarded, the court or the child support enforcement agency identifies any existing child support arrearages (past-due payments) associated with the recipient of the settlement.
  2. Placement of a Lien: The state places a lien on the settlement proceeds. This legal claim on the funds ensures that before any disbursement is made to the injured party, the amount owed in back child support is first subtracted from the total settlement.
  3. Garnishment of Funds: The mechanism of garnishing the settlement involves legally redirecting part of the settlement to satisfy the debt of back child support. The entity managing the settlement, such as an insurance company or a law firm handling the personal injury claim, is typically instructed to withhold the owed amount and directly transfer it to the child support enforcement agency.
  4. Disbursement of Remaining Funds: After the child support lien is satisfied, any remaining funds from the settlement are released to the recipient. This ensures that the parent meets their child support obligations without further delay, potentially alleviating some financial challenges they face post-accident.

Applying a child support lien on a personal injury settlement carries both legal and financial implications. Legally, it enforces that parental responsibilities cannot be evaded, even amidst personal financial gain or recovery from injury. Financially, it prioritizes the welfare of the child over the financial gain of the parent, ensuring that the child support payments are made promptly, thereby reducing the potential financial hardship experienced by the custodial parent and the child.

Can Personal Injury Settlements Affect Child Support in Texas?

Modification of Child Support After a Personal Injury Settlement

In cases where a parent receives a substantial personal injury settlement, there may be a presumption that their financial circumstances have improved, potentially leading to an increase in child support payments. However, this is not automatic. For child support payments to be adjusted, the following steps typically occur:

  1. Request for Modification: The custodial parent or their lawyer must formally request a modification of the child support order. This request is usually submitted to the court that issued the original child support order.
  2. Court Evaluation: The court will then evaluate the request, considering the parent’s new financial status, including any significant income from the settlement. The court must determine whether there has been a material and substantial change in the circumstances of the child or the non-custodial parent that warrants a revision of the child support payments.
  3. Decision on Modification: If the court finds that the non-custodial parent’s financial situation has significantly improved, it may increase the child support payments. However, if the settlement is deemed non-recurring or designated for specific expenses related to the injury (like medical bills or disability-related costs), the court might decide not to adjust the child support payments.

It’s important for parents to understand that receiving a personal injury settlement does not automatically change child support obligations. Legal processes and considerations are involved to ensure that any adjustments are fair and reflect the current needs and resources of all parties involved. This approach helps maintain stability for the children supported by these funds and acknowledges the complex nature of personal and financial recovery following an injury.

Are PI Settlements Considered Child Support Income

Are Personal Injury Settlements Considered Income?

In Texas, personal injury settlements are generally not considered income for the purpose of calculating child support. Child support calculations typically focus on what is considered “net resources,” which include wages, salary, commissions, tips, overtime, and bonuses, among other types of income.

However, the portion of a personal injury settlement that represents lost wages might be considered part of the obligor’s net resources for calculating child support, since lost wages replace regular income that would have been counted towards child support obligations. The parts of the settlement intended for pain and suffering, medical bills, and attorney fees are not usually included as income for these calculations.

It’s important to consult with a legal professional or a family law expert to understand how these specifics might apply in a particular case, as individual circumstances can vary.

Can Personal Injury Settlements Affect Child Support in Texas?

How Do Insurance Companies Discover Child Support Liens and Attach them to Injury Settlements?

In Texas, when an individual has a child support lien due to unpaid child support, insurance companies typically discover these liens through several mechanisms before disbursing funds from a personal injury settlement:

  1. State Lien Registry: Texas maintains a child support lien docket, which is a public record of all child support liens. Insurance companies can access this docket to verify if there are any outstanding child support liens against an individual before settling a claim.
  2. Notification from the Attorney General’s Office: The Texas Attorney General’s Office, which oversees child support enforcement, often notifies relevant parties, including insurance companies, of any existing child support liens. This ensures that the insurance company is aware of the lien before they issue payment.
  3. Legal Requirement for Disclosure: Individuals involved in a personal injury lawsuit or settlement may be legally required to disclose any child support obligations during the legal process. Failure to do so can result in legal penalties.
  4. Due Diligence by the Insurance Company: Insurance companies typically perform a due diligence process before disbursing settlement funds. This process includes checking for any liens or other legal encumbrances that may affect the settlement amount.

Once a child support lien is discovered, the insurance company is legally obligated to satisfy the lien from the settlement proceeds before disbursing the remainder to the claimant. This ensures that back child support is paid in accordance with state laws, helping to enforce child support obligations and protect the interests of children.

Can Personal Injury Settlements Affect Child Support in Texas?

Does My Attorney Have to Pay My Child Support Lien First?

In Texas, if you have a child support lien and are receiving a personal injury settlement, your personal injury attorney is legally required to ensure that any existing child support liens are paid from the settlement funds before you receive any money. This obligation arises because Texas law clearly prioritizes satisfying child support debts.

Here’s how it generally works:

  1. Notification and Verification: Once your attorney is informed of or discovers a child support lien—either through notification by the Texas Attorney General’s Office or through their own due diligence—they are required to verify the amount of the lien and ensure that it is valid.
  2. Withholding and Payment: If there is a verified child support lien, your attorney must withhold the amount of the lien from your settlement proceeds. The attorney then pays that amount directly to the state child support enforcement agency or through the court, as directed.
  3. Release of Funds: Only after the child support lien is satisfied can your attorney disburse the remaining settlement funds to you.

The process is designed to ensure that legal obligations for child support are met before the settlement recipient receives their portion. This legal requirement helps protect the financial interests of the children involved and ensures that child support laws are enforced. Failure by an attorney to comply with these requirements can lead to serious legal consequences, including potential disciplinary action.

Can a Child Support Lien Be Negotiated?

In Texas, while the amount of child support owed as per court orders is generally non-negotiable, certain aspects related to the enforcement of child support liens might be subject to negotiation. However, these negotiations usually don’t involve reducing the amount of child support owed. Still, they may involve the repayment terms or how a child support lien is applied to a specific settlement.

Here are a few scenarios where negotiation might be possible:

  1. Payment Plan Arrangements: If the lien amount is substantial, it might be possible to negotiate a payment plan with the state’s child support enforcement agency. This would allow the responsible parent to satisfy the lien over a period of time rather than through a single lump sum from a personal injury settlement.
  2. Release or Adjustment of the Lien: In some cases, if the settlement funds are needed immediately for critical expenses (such as medical bills related to the injury), it may be possible to negotiate the terms under which the lien is applied. This could involve requesting the child support enforcement agency to temporarily lift or adjust the lien to allow for the payment of urgent expenses.
  3. Legal Disputes Over the Lien: Legal proceedings might be necessary if there is a dispute regarding the validity or the amount of the lien. In such cases, negotiation can occur in the context of a broader legal challenge to the lien itself.
  4. Settlement Allocation: Sometimes, negotiation with the opposing party in the personal injury case about how the settlement is categorized can influence the impact of a child support lien. If portions of the settlement are allocated to non-wage compensatory damages like pain and suffering, these might not be subject to a lien, depending on the specifics of Texas law and the nature of the lien.

To navigate these negotiations, working with a knowledgeable attorney who understands family law and personal injury law in Texas is crucial. They can help you understand your options and represent your interests effectively in negotiations or court proceedings, if necessary.

Legal Implications for Back Child Support

Legal Implications for Failing to Back Pay Child Support After a PI Settlement

Failing to account for child support in a personal injury settlement in Texas can have significant legal implications, primarily because it can lead to a violation of state laws regarding child support obligations. Here’s what might happen:

  1. Legal Enforcement Actions: If the child support lien is not satisfied from the settlement proceeds, the Texas Attorney General’s Office, which enforces child support orders, can initiate legal actions to recover the owed amounts. This could include garnishing wages, seizing bank accounts, or taking other collection actions against the individual.
  2. Interest and Penalties: Unpaid child support accrues interest in Texas, and failing to pay can lead to additional financial penalties. These costs can add up over time, increasing the overall debt beyond the original child support arrears.
  3. Contempt of Court: Not adhering to a court order, including payment of child support, can be considered contempt of court. This can result in various penalties, including fines or even jail time, depending on the severity and duration of the non-compliance.
  4. Impact on Settlement Distribution: If a personal injury attorney improperly distributes settlement funds without accounting for a child support lien, they could face legal and professional consequences. This might include disciplinary actions from the bar association, lawsuits for malpractice, or other legal claims from the affected parties.
  5. Loss of Licenses: In Texas, failure to pay child support can lead to the suspension of various state-issued licenses, including driver’s licenses and professional licenses, which can impact one’s ability to work and earn income.

To avoid these implications, individuals receiving a personal injury settlement must disclose any existing child support liens and ensure they are addressed in the distribution of the settlement funds. It’s also advisable to work with an attorney familiar with both personal injury and family law in Texas to ensure compliance and avoid potential legal issues.

Speak to Experienced Attorney Today.

At Varghese Summersett, we have both a family law division and a personal injury division – each with their own dedicated team of attorneys. Because you may need both – a personal injury lawyer and a family lawyer – we are uniquely situated to handle any issue that arises from personal injury settlement proceeds and child support.

If you need assistance with a child support lien or modification due to a personal injury settlement, our experienced attorneys are here to help. Contact us today at 817-203-2220 for a consultation and learn more about how personal injury settlements affect child support in Texas.

Can Personal Injury Settlements Affect Child Support in Texas?