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Varghese Summersett

It seems like any time the topic of juvenile justice comes up, the subject of the conversation is always someone’s son, grandson, nephew, or another boy. Consequentially, it has become second nature to refer to juvenile respondents in general using male pronouns.

While it’s true that the majority of Texas preteens and teens referred to juvenile courts are boys, girls are referred regularly as well.  With conversations that tend to center around what happens throughout the process generalized through the lens of what happens to boys, it’s no wonder parents, guardians, and loved ones navigating this process with a girl are confused and frustrated by the lack of available information.

In this article, Board Certified Juvenile Lawyer, Lisa Herrick , explains many of the ways the Texas juvenile justice system is different for girls, and what family members can expect for their girl as they navigate the Texas juvenile justice system.

Girls Get in Less Trouble than Boys

 

Approximately half the juvenile population is female. To be more specific, the 2023 census identified 48.8 percent of the population of Texans aged 10 to 16 as female. However, 2023 records show that only approximately 30 percent of referrals to juvenile justice departments across Texas were girls. Also significant is the fact that girls who were referred to juvenile departments were much less likely to be referred for felony conduct or any level of violent or weapons-involved conduct. The offenses for which girls were most likely to be referred were misdemeanor assault causing bodily injury (girls made up 41% of referrals), misdemeanor level theft (girls made up 46% of
referrals), and runaway (girls made up 57% of referrals).

These lower-level offenses mean it is more likely for girls to be diverted out of the Texas juvenile justice system without having to go into detention or through the court process. The lower number of girls going through the process means fewer conversations, less information, and greater mystery regarding what, if any, differences may exist for juvenile justice involved girls. The good news is the information is out there, if you just know where to look!

In particular, families and loved ones of a juvenile girl may feel concerned upon learning she has been taken to a juvenile detention center. They may wonder things like: Will she be housed with boys? Will male guards supervise her? What clothing will she be required to change into? Will she be provided appropriate hygiene products?

Juvenile Detention Centers for Girls

Texas Juvenile Detention Centers for Girls

The Texas Legislature has gone to great lengths to outline the strict regulations to which juvenile detention centers must adhere, and these questions specifically are addressed in the Texas Administrative Code, Section 343 .

In a detention facility, a girl will get a room of her own in a girls wing, unit, or pod of the facility. There, she will share a bathroom only with other girls. She will be provided a gender-neutral uniform and basic hygiene items. She may be combined with male residents at different points in the day, but for the most part, the girls unit stays together and the boys unit stays together.

Male guards may be employed at the facility if there are also boys housed there, but at no time will a male guard ever supervise showers, clothing change, or personal hygiene practices of a female resident. Additionally, if a pat-down or strip search must be conducted, it will be conducted by a female staff member in private.

As the process continues, and the child is assigned an intake or pre-trial supervision officer of the juvenile probation department, the family of a girl child may wonder if she is guaranteed to be supervised by a female officer. Simply put, the answer is no. Both male and female probation officers may be employed and there are no legal restrictions of supervision by gender. The same is generally true for post-adjudication probation officers.

For those cases involving juvenile girls that go on through the court process, the majority of them are disposed by either pre-adjudication or post-adjudication probation supervision. For the most part, the available programs and services available to the juvenile probation department will be geared toward boys and girls or there are commonly programs and services that are limited to boys only.

Specialized services for juvenile girls

 

Few jurisdictions have specialized programs and services designed for girls only. Usually, the larger counties are able to provide some services or programs for girls, with the smaller counties having fewer options. Interestingly, one of the largest counties in Texas, Tarrant County, seems to offer only one program that would be specifically geared toward girls; a program called SafeDate, a domestic violence awareness and prevention course. A notable example of a county that offers a great girl-specific option is the
. It stands for Girls Empowerment, Mentoring, and Support and is meant to address the unique needs of girls with mental health challenges and/or have a history of trauma or abuse.

Though it is not common for girls to be referred for serious felonies or violent or weapons- involved conduct, it does happen. Therefore, included in the possible consequences for those girls is residential placement or even confinement in the Texas Juvenile Justice Department, otherwise known as the prison for juveniles.

One of the few Administrative Code regulations specifically designed to benefit girls who are confined in any level detention facility provides the guarantee that girls will receive any necessary pre-natal, obstetric and specialized-obstetric, and post-partum care. As heartbreaking as it is to anticipate managing a pregnant teen in a juvenile correctional facility, it is comforting to know there is a plan in place.

A residential placement facility is a secure facility (in other words, it is locked down), not including TJJD. Residential placement may be ordered as a condition of probation, whether the probation is under indeterminate sentencing or determinate sentencing. Residential placement is typically ordered when a child has evidenced a higher need than the juvenile probation department can offer in the community. The child’s need may be based on mental health concerns, behavioral concerns, or another specialized need like sex-offender treatment. Every Texas county or geographical area differs in its access to residential placement facilities and, disappointingly, most areas have very limited options for placement facilities for girls.

It is not uncommon for a facility to disqualify a girl for treatment due to her juvenile history, advanced mental health needs, or other circumstances. Some juvenile departments may contract with private facilities, but even those options may be limited for girls. Something parents and families may consider is the possibility of residential placement is looking likely is to arrange for voluntary placement at a facility. The family may have more options available by arranging for
it independently, rather than waiting for the juvenile department to attempt to find a location.

Confinement at the Texas Juvenile Justice Department (also sometimes referred to as the prison for kids), is the highest punishment option available to the juvenile courts. It is regularly reserved for those juveniles who have been adjudicated of felony conduct that is unusually violent or unusually serious or who have exhausted all other options available in the Texas juvenile justice system.

Of the total number of children referred to juvenile departments each year, only an average of one percent of those children are ultimately sentenced to confinement at TJJD. This number includes boys and girls. Of that total number, only an average of 10 percent are girls. In 2021, 58 girls were sentenced to confinement at TJJD, compared to 514 boys sentenced the same year. Because the number of girls confined at TJJD is typically very low, only one of the 5 TJJD locations houses girls, and the girls are housed in a separate area of the facility. Currently, the facility girls are sent to is the McLennan County State Juvenile Correctional Facility in Mart, Texas.

Speak to a Board Certified Juvenile Attorney

If you’re looking for a juvenile defense attorney, you are at the right place. Lisa Herrick is Board Certified in Juvenile Law – which means she is considered an expert in juvenile law. You will be hard-pressed to find another juvenile lawyer in North Texas with her expertise and legal acumen.

Lisa has successfully handled every type of juvenile case, ranging from theft to capital murder. She has vast knowledge of the juvenile court system, the process, and how to best help and protect your child. Contact Lisa today for a free consultation at 817-203-2220. If your child is in custody, time is of the essence.

The stakes are high. Hire the best lawyers.

 

 

 

 

  • The article relied heavily on statistics and record keeping provided by the Texas Juvenile Justice Department.
Varghese Summersett

How Long Can a Juvenile Be Detained in Texas

If your child has been arrested in Texas, it’s crucial to understand the specific laws and procedures governing juvenile detention. The Texas Family Code outlines a distinct set of rules for how long a child can be held in custody compared to adults. This article, prepared by our Board Certified Juvenile Specialist , provides a detailed overview of the juvenile detention process in Texas, including key timelines and legal requirements.

Six-Hour Limit for Juvenile Processing

Texas Family Code Section 52.025(d) stipulates that a child can be kept in a juvenile processing office for a maximum of six hours.

  • Transportation: According to Section 52.01(a) of the Texas Family Code, a child must be brought to an officially designated juvenile processing office without unnecessary delay. They cannot be taken to any other place first.
  • Purpose of Juvenile Processing Office: Section 52.025(b) outlines the permitted activities in a juvenile processing office, which include:
    • Returning the child to a parent or responsible adult
    • Completing essential forms and records
    • Photographing and fingerprinting (if authorized)
    • Issuing required warnings
    • Taking a statement from the child

These provisions ensure that juveniles are processed separately from adults and are provided with specific protections.

The stakes are high. Hire the best lawyers.

What Happens In A Juvenile Processing Office?

During the initial processing, law enforcement officers will:

  • Collect basic information about the child
  • Contact the child’s parents or guardians
  • Determine whether the child should be released or detained further

It’s important to note that this is not an interrogation phase, and the child’s rights must be protected throughout the process.

48 Hours to First Court Hearing

If a juvenile is not released after initial processing, the Texas Family Code mandates a prompt detention hearing:

  • Section 54.01(a) requires that a detention hearing must be held no later than the second working day after the child is taken into custody.
  • If the child is detained on a Friday or Saturday, the hearing must be held on the first working day after custody.

This initial hearing is crucial as it determines whether the child will be released or continue to be detained.

Ongoing Review Every 10 Days

For juveniles who remain in detention after the initial hearing, the law requires regular reviews:

  • Section 54.01(h) specifies that a detention order extends to the conclusion of the disposition hearing, but for no more than 10 working days.
  • Subsequent detention hearings must be held every 10 working days to reassess the need for continued detention.

These ongoing reviews ensure that detention is continuously justified and necessary.

Parents Must Be Notified Of The Arrest Promptly

The Texas Family Code emphasizes the importance of parental involvement:

  • Section 52.02(b) requires that a person taking a juvenile into custody must promptly notify the child’s parent, guardian, or custodian.
  • If the child is under guardianship, the Probate Court must be notified by the first working day after the child is taken into custody (§52.02(b), §52.011, F.C.).

Parental notification is critical for ensuring proper support and representation for the child.

Child’s School May Be Informed

In certain circumstances, the child’s school may be informed of their involvement with the juvenile justice system:

  • Section 58.0051 of the Texas Family Code allows for the disclosure of confidential information to a juvenile service provider if the student has been taken into custody or referred to a juvenile court.
  • Section 52.04 requires school districts to notify the designated juvenile board office within two working days if a child is expelled and taken into custody.

This information sharing aims to provide appropriate support and interventions for the child.

Additional Considerations

  • Detention Timelines for Felony Charges: For more serious offenses, the timelines for filing petitions are extended:
    • 30 days for capital felonies, first-degree felonies, and aggravated controlled substance felonies
    • 15 days for all other charges
  • No Bail System: Unlike adult courts, juvenile courts in Texas do not use a bail system. Instead, release decisions are based on specific criteria outlined in the Family Code.
  • Right to Counsel: Juveniles have the right to legal representation at all detention hearings.
  • Sealing of Records: Under certain conditions, juvenile records may be sealed to protect the child’s future opportunities.

Understanding these timelines and procedures is crucial for parents and guardians navigating the juvenile justice system in Texas. Always consult with a qualified attorney for specific legal advice regarding your child’s case.

Tough cases call for the toughest lawyers.

We Specialize in Juvenile Defense

If your child is facing a juvenile charge in Texas, hiring the right legal team is one of the most important decisions you can make. At Varghese Summersett, we have a team of experienced criminal defense attorneys, including Lisa Herrick, a board-certified specialist in juvenile law. This certification, held by less than 70 attorneys in Texas, reflects her expertise and commitment to helping young people navigate the juvenile justice system.

  • We have extensive experience with the juvenile justice system in Texas.
  • Lisa Herrick, a board-certified juvenile law specialist, is recognized as an expert in this field.
  • We fight to protect your child’s rights and future, understanding the long-term impact of a juvenile charge.
  • We focus on minimizing the consequences of juvenile charges, including working toward dismissals or alternatives to detention, whenever possible.

At Varghese Summersett, our priority is to protect your child’s future. We bring experience, skill, and compassion to every juvenile case we handle.

Learn more: Juvenile Defense Guide

Common Juvenile Offenses We Defend

Our team at Varghese Summersett regularly represents juveniles charged with a wide range of offenses, including but not limited to:

  • Theft
  • Drug possession
  • Assault
  • Vandalism
  • Underage drinking
  • Criminal mischief
  • Burglary
  • Weapons offenses
  • Disorderly conduct


Varghese Summersett

A Comprehensive Guide to the Punishment Range for Juveniles in Texas

If your child is facing a juvenile charge, it is essential to understand the punishment range for juveniles in Texas. The Texas Family Code provides a range of disposition options that focus on rehabilitation rather than pure punishment. This comprehensive guide prepared by our Fort Worth Juvenile Lawyer offers a detailed overview of the various punishment ranges and disposition options available in the Texas juvenile justice system.

Overview of the Juvenile Justice System in Texas

In Texas, the juvenile justice system handles cases involving youth between the ages of 10 and 16 who are accused of committing delinquent acts. The system’s primary goal is rehabilitation, aiming to redirect young offenders away from criminal behavior and towards becoming productive members of society.

Types of Juvenile Offenses

Before discussing punishment ranges, it’s important to understand the types of offenses that can bring a juvenile into the system:

  • Delinquent Conduct: Acts that would be considered crimes if committed by an adult.
  • Conduct Indicating a Need for Supervision (CINS): Less serious offenses, including truancy, running away, and certain misdemeanors.

Punishment Ranges in Juvenile Court

Punishment ranges in juvenile court differ significantly from those in adult court. With the exception of determinate sentences, there is no set minimum or maximum sentence in the juvenile system. This flexibility allows the court to tailor dispositions to the individual needs of each juvenile offender.

For example:

  • An adult convicted of Aggravated Robbery might face 5-99 years in prison or life.
  • A juvenile offender for the same offense could face:
    • Commitment to the Texas Juvenile Justice Department (TJJD) until their 19th birthday
    • Probation until their 18th birthday

The stakes are high. Hire the best lawyers.

Disposition Options for Juveniles

When allegations against a juvenile are found to be true, the court has numerous disposition options available. These dispositions can be categorized as determinate and indeterminate sentences. Other terms you may hear in regards to dispositions in regards to juveniles include:

1. Texas Juvenile Justice Department (TJJD)

Formerly known as the Texas Youth Commission (TYC), the TJJD is the state agency responsible for the care, custody, treatment, and rehabilitation of the most serious juvenile offenders. Commitment to TJJD is typically reserved for more severe cases or repeat offenders.

2. Texas Juvenile Probation Commission (TJPC)

The TJPC oversees juvenile probation services in Texas. Through county Juvenile Probation Departments, juveniles can be supervised in several ways:

a. Deferred Prosecution

  • A voluntary alternative to adjudication
  • Typically involves an agreement between the child, parent, prosecuting attorney, and juvenile probation department
  • Reserved for less serious offenses and non-habitual offenders
  • Duration: 6-12 months

b. Regular Probation

  • Allows juveniles to remain living with their families while completing probation terms
  • Can last until the juvenile’s 18th birthday
  • May include conditions such as school attendance, curfews, counseling, restitution to victims, community service, and more.

c. Long Term Detention (Post Adjudication Detention/PAD)

  • For juveniles unable to succeed on probation at home
  • Involves completion of a long-term program in county detention or another court-approved facility

3. Drug Court

Juvenile Drug Courts offer eligible youth an opportunity to receive substance abuse treatment as an alternative to formal probation. These programs aim to help at-risk youth and their families lead drug-free, law-abiding, and productive lives.

4. Determinate Sentences

For more serious felonies, prosecutors may seek a determinate sentence. This option allows for punishment ranges up to 40 years and potential transfer to adult court or prison after the juvenile becomes an adult. A determinate sentence is a permanent blemish on a person’s record.

5. Certification as an Adult

In cases involving serious offenses, prosecutors may seek to have the juvenile certified as an adult. This means the case is transferred to adult criminal court before adjudication.

Post-18 Filings

The court may also waive its jurisdiction and transfer a juvenile court case to adult court in cases involving “post-18” filings. This applies when the accused committed a felony as a juvenile but was not adjudicated before turning 18.

Probation and Transfer to Adult System After 18

Probation

If a juvenile is placed on determinate sentence probation, the State must request a hearing to transfer the probation from juvenile probation to adult probation before the juvenile’s 19th birthday.

Transfer to Adult System

For juveniles committed to TJJD on a determinate sentence, TJJD may request a transfer hearing to move the juvenile to an adult prison before their 19th birthday.

Navigating the juvenile justice system can be complex and overwhelming. If your child is facing charges in the juvenile system, it’s crucial to seek experienced legal representation. At Varghese Summersett, our Board Certified Juvenile Specialist has extensive experience in handling juvenile cases. We are committed to protecting your child’s rights and future.

Tough cases call for the toughest lawyers.

Talk to Our Juvenile Specialist

The juvenile justice system in Texas aims to balance accountability with rehabilitation, offering a range of disposition options from probation to determinate sentences. The specific punishment a juvenile faces depends on factors such as the severity of the offense, the juvenile’s age and history, and the discretion of the court.

If your child is facing charges in the juvenile system, contact the Board Certified Juvenile Specialist at Varghese Summersett today. We will guide you through this challenging time and fight for your child’s rights and future.

Varghese Summersett

When someone is injured in a Texas accident, they may be entitled to compensation for their property damage, medical bills, lost wages, and pain and suffering. This compensation is typically paid out through a personal injury settlement, which is an agreement between the injured party and the at-fault party or their insurance company.

Settlements are usually disbursed through either a lump sum payment or a structured settlement, each with its unique benefits and drawbacks. In this article, the personal injury attorneys at Varghese Summersett explain how personal injury settlements are paid out in Texas and the different options available to injured parties.

Lump Sum Payments

Lump Sum Payments

A lump sum payment is a one-time, comprehensive payment that covers the total amount agreed upon in the settlement. This is often the most straightforward option, where the injured party receives the entire settlement amount in a single check or direct deposit. For example, if a settlement is reached for $250,000, the injured party would receive the full amount (minus any fees or liens) in a single payment.

How Are Lump Sum Payments Processed?

After an agreement has been reached with the insurance company or the liable party, the defendant typically has a set period, often between 30 to 60 days, to disburse the settlement funds. Texas law allows for the settlement agreement to be documented in a legally binding contract, which both parties sign. After this, the defendant (or their insurer) processes the payment. Here’s how it typically works:

  1. Settlement Agreement: Both parties sign the settlement agreement, which outlines the terms and conditions.
  2. Release Form: The plaintiff signs a release form, which essentially waives their right to pursue further legal action related to the injury.
  3. Payment Disbursement: The settlement amount is then disbursed, usually to the plaintiff’s attorney, who manages the distribution.

Pros of Lump Sum Payments

  1. Immediate Access to Funds: Receiving the full amount at once can be beneficial if the injured party has substantial medical bills, lost wages, or other pressing financial needs.
  2. Financial Freedom: A lump sum allows the recipient to invest, save, or use the money as they see fit.
  3. Finality: The case is closed once the payment is made, offering a sense of closure and eliminating future dealings with the defendant or insurer.

Cons of Lump Sum Payments

  1. Financial Risk: With a large sum of money comes the risk of poor financial decisions. Without careful management, the funds can be depleted quickly.
  2. Tax Implications: Although personal injury settlements are generally non-taxable , any interest or investment income earned from the lump sum may be subject to taxation.
  3. No Long-Term Financial Support: A lump sum does not provide ongoing financial support, which may be necessary if the injured party has long-term medical needs.

How Personal Injury Settlements are Paid Out in Texas

Structured Settlements

A structured settlement involves periodic payments made over a set period, rather than a single lump sum. The payments can be arranged in various ways, including monthly, annually, or in larger sums at specific intervals.

How Are Structured Settlements Processed?

Structured settlements involve receiving regular payments over a specified period. The defendant’s insurance company often purchases an annuity from a life insurance company, which funds the periodic payments to the plaintiff. For instance, a $300,000 settlement might be paid out in monthly or annual installments over 20 years. The key steps include:

  1. Settlement Agreement: Both parties agree to the terms of the structured settlement, including the payment schedule.
  2. Annuity Purchase: The defendant’s insurer buys an annuity from a life insurance company.
  3. Periodic Payments: The life insurance company disburses payments to the plaintiff according to the agreed-upon schedule.

Pros of Structured Settlements

  1. Long-Term Financial Security: Structured settlements provide a steady income stream, which can be especially useful for individuals with ongoing medical needs or long-term financial commitments.
  2. Tax Benefits: Periodic payments from a structured settlement are typically non-taxable.
  3. Less Financial Risk: Receiving smaller amounts over time reduces the risk of mismanaging the settlement funds.

Cons of Structured Settlements

  1. Lack of Immediate Access: Individuals who need large sums upfront for medical bills or other expenses may find structured settlements limiting.
  2. Inflexibility: Once the payment schedule is set, it is often difficult or impossible to change.
  3. Potential Loss in Value: If inflation rises significantly over time, the fixed payments might lose purchasing power.

How Personal Injury Settlements are Paid Out in Texas

What Happens After a Settlement Is Reached?

Once a settlement is reached, there are several key steps that follow:

1. Review and Sign the Settlement Agreement

After negotiations, your injury lawyer will review the settlement agreement, ensuring all terms are accurately reflected. This legally binding document outlines the amount and method of payment and requires both parties’ signatures.

2. Sign a Release Form

Before the settlement funds are disbursed, you must sign a release form. This document releases the defendant from any further liability related to the incident. It’s critical to understand that signing this form generally waives your right to pursue additional compensation.

3. Attorney Disbursement

Once the defendant’s insurance company processes the payment, the funds are typically sent to your lawyer. The attorney will deposit the check into a trust account, from which they will:

  • Pay Any Outstanding Liens: If you have unpaid medical bills or liens, they must be settled first.
  • Deduct Legal Fees: Your attorney will take their agreed-upon fee from the settlement amount.
  • Issue the Remainder: After deducting fees and paying off liens, the remaining funds are disbursed to you.

4. Manage Your Funds

It’s essential to plan how you will use your settlement funds. Whether you receive a lump sum or structured payments, consider consulting a financial advisor to help manage the money effectively.

It’s important to note that the timeline for receiving a settlement can vary depending on factors such as case complexity and negotiations with lienholders.

Can Creditors Claim Part of Personal Injury Settlements?

In most cases, personal injury settlements are exempt from seizure by general creditors. This means that if you owe money to credit card companies, personal lenders, or have other unsecured debts, those creditors typically cannot take your settlement funds to satisfy those debts. Still, there are some important exceptions to be aware of:

Exceptions

However, there are some key situations where portions of your settlement may be claimed:

  1. Medical Liens: Healthcare providers who treated your injuries may have placed liens on your settlement. These liens must typically be paid from the settlement funds.
  2. Child Support: If you owe back child support, a portion of your settlement may be claimed to satisfy those obligations.
  3. Government Debts: Certain government debts like unpaid taxes or student loans may be able to claim settlement funds.
  4. Bankruptcy: If you file for bankruptcy, a portion of your settlement may become part of the bankruptcy estate, depending on the timing and specifics of your case.

Protecting Your Settlement

To best protect your settlement funds:

  • Deposit the money into a separate account, not commingled with other funds.
  • Consider using a prepaid debit card for settlement funds to avoid bank account garnishment.
  • Consult with a financial advisor or attorney on the best way to structure and protect your settlement

Secure Your Settlement with Varghese Summersett

Navigating a personal injury settlement can be complicated, and choosing the right payment method is a crucial decision. The experienced personal injury attorneys at Varghese Summersett are here to guide you through every step. Call Varghese Summersett today at (817) 320-2220 or contact us online to get started on your path to recovery.
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Varghese Summersett

In Texas, the term “sole custody” isn’t a term officially used in court proceedings. Instead, what is thought of as “sole custody” is called “sole managing conservatorship” in family courts. This type of legal arrangement allows one parent to have the exclusive authority to make important decisions about their child’s life, including decisions on matters such as the child’s education, healthcare, and religious upbringing.

How to Get “Sole Custody” in Texas

To begin the process of obtaining sole custody, you need to file a petition in your county’s family court. This petition is a formal document that outlines your reasons for seeking sole custody and explains how it would benefit your child.

To support your petition, you should gather and present evidence that substantiates your claim for sole custody. This evidence might include instances of neglect, abuse, or other issues that could affect the child’s well-being.

You will then need to attend a court hearing where both parents present their cases. The judge will review the evidence, listen to testimonies, and decide based on what is in the child’s best interest.

In some situations, the court may order mediation to help both parents reach an agreement without going to trial. Mediation can be a helpful step in finding a compromise.

Once all information has been reviewed, the judge will make a decision and issue a ruling. If you are granted sole custody, the court will provide a formal order detailing your rights and responsibilities.

How to Get “Sole Custody” if You Aren’t the Child’s Parent

If you are not a biological parent but wish to seek sole custody, the process can be more complex but remains feasible under certain conditions. The biggest difference if you are seeking sole custody and are not a parent is that you must first establish legal standing. This typically involves demonstrating that you have a significant relationship with the child and that you are capable of meeting their needs. However, under Texas law, a judge will appoint a parent to have sole custody unless the judge finds that having the parent as a sole managing conservator would not be in the best interest of the child.

It is highly advisable to consult with an experienced family law attorney who can guide you through this intricate process and help you understand your legal standing.

Rights of a Sole Managing Conservator

Rights of a Sole Managing Conservator

As the parent granted sole custody, you will have several important rights, including:

  • Major Decision-Making: You will have the exclusive right to make decisions about your child’s education, health care, and religious upbringing.
  • Living Arrangements: You can determine where your child will live and with whom.
  • Control Over Access: You have authority over the child’s interactions with the non-custodial parent, though the court may set visitation schedules to ensure the child maintains a relationship with both parents.

While sole custody gives you the final say in key decisions, it doesn’t necessarily mean the other parent will be completely excluded from the child’s life unless the court decides otherwise for safety reasons.

What Rights Do You Have if the Other Parent Has “Sole Custody”

If you’re not the sole managing conservator, you still have certain rights and responsibilities. These can vary depending on the court’s decision, but generally include:

  • Possession and Access: You may have visitation rights or scheduled time with the child. The specific details of these rights will be outlined in the court order.
  • Decision-Making Input: While you may not have the final say, you might still have a say in certain day-to-day matters or be involved in discussions about the child’s welfare.
  • Communication: You may be able to communicate with the child, and the court may establish guidelines for how and when this communication should occur.

The aim is to ensure that the child maintains a relationship with both parents, unless it’s deemed harmful.

Factors Courts Consider

Factors Courts Consider in Awarding Sole Managing Conservatorship

Texas courts weigh several factors when deciding whether to grant sole managing conservatorship. The court’s main focus is what arrangement will best serve the child’s emotional and physical health. Some other key considerations include:

  • History of domestic violence or neglect
  • Substance abuse issues
  • Ability to provide for the child’s physical and emotional needs

The Role of a Guardian Ad Litem in Custody Cases

In some custody cases, the court may appoint a guardian ad litem to represent the child’s best interests. This neutral third party investigates the family situation and makes recommendations to the court. If the guardian ad litem believes sole managing conservatorship is in the child’s best interest, they may recommend it to the court.

Need Help with a Child Custody Case? Call Us.

Navigating sole custody cases in Texas can be challenging. Every family’s situation is unique, and the legal process can be complex. At Varghese Summersett, our team of skilled family law attorneys is dedicated to helping parents understand their rights and options in custody cases. We can guide you through the legal process, help you build a strong case, and advocate for your child’s best interests. Call today at (817) 203-2220 to schedule a consultation with one of our experienced family law attorneys.

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What was New York Mayor Eric Adams Indicted For?

New York City Mayor Eric Adams has been indicted on five federal charges, marking a significant development in an investigation that began in 2021.  In this article, our Federal Criminal Defense Lawyer will break down the indictment, explain its contents, and provide context for the allegations against Mayor Adams .

The Five Counts in the Mayor Adams Indictment

Conspiracy (18 U.S.C. § 371)

Adams is accused of conspiring to commit wire fraud, receive illegal campaign contributions from foreign nationals, and engage in federal program bribery.

  • Punishment: Up to 5 years in prison
  • Elements: (1) An agreement between two or more persons to commit a crime; (2) a defendant’s knowing and voluntary participation; and (3) an overt act in furtherance of the conspiracy
  • Learn more about federal conspiracy defense .

Wire Fraud (18 U.S.C. § 1343)

Adams allegedly participated in a scheme to fraudulently obtain public matching funds for his campaigns by falsely claiming that certain contributions qualified when they did not.

  • Punishment: Up to 20 years in prison
  • Elements: (1) A scheme to defraud; (2) use of interstate wire communications to further the scheme; and (3) intent to deprive a victim of money or property
  • Learn more about wire fraud defense.

Solicitation of Foreign Contributions (2021) (52 U.S.C. §§ 30121 and 30109(d)(1)(A))

Adams is charged with knowingly soliciting and accepting campaign contributions from foreign nationals for his 2021 mayoral campaign.

  • Punishment: Up to 5 years in prison if the violation involves $25,000 or more
  • Elements: (1) Knowingly soliciting, accepting, or receiving a contribution from a foreign national; (2) in connection with a federal, state, or local election; and (3) the amount is $25,000 or more in a calendar year

Solicitation of Foreign Contributions (2023) (52 U.S.C. §§ 30121 and 30109(d)(1)(A)):

A similar charge for his 2025 re-election campaign.

  • Punishment: Up to 5 years in prison if the violation involves $25,000 or more
  • Elements: Same as above

Bribery (18 U.S.C. § 666(a)(1)(B))

Mayor Adams is accused of accepting free and heavily discounted luxury travel benefits from Turkish officials in exchange for using his influence over New York City’s regulation of a Turkish diplomatic building.

  • Punishment: Up to 10 years in prison
  • Elements: (1) Defendant was an agent of a local government receiving federal funds; (2) solicited or accepted something of value; (3) intending to be influenced in connection with government business of $5,000 or more
  • Learn more about federal corruption.

If convicted on all counts, Adams could face up to 45 years in prison, though such maximum sentences are rarely imposed, especially for first-time offenders.

Mayor Eric Adams Federal Indictment

Investigation Timeline

  • 2021: Federal authorities initiate an investigation into Adams’ dealings with Turkish officials and Turkish-American business leaders.
  • November 2023: The probe becomes public knowledge when FBI agents confiscate Adams’ electronic devices.
  • Today: The federal indictment against Adams is unsealed.

Background of the Investigation in Mayor Adams

The investigation into Mayor Adams’ activities started in 2021 when he was still the Brooklyn Borough President. Federal authorities, likely led by the FBI, began examining Adams’ interactions with the Turkish government and the Turkish American business community, as well as his campaign contributions during his mayoral run.

mayor eric adams indictment explained

Detailed Breakdown of the Indictment

Conspiracy and Illegal Foreign Contributions

The indictment alleges that Adams conspired with the Turkish government to receive illegal foreign campaign contributions. This scheme reportedly began when Adams was a top elected official in Brooklyn and continued after he became mayor.

Bribery and Improper Benefits

According to the indictment, Adams received over $100,000 worth of improper benefits from wealthy foreigners and at least one Turkish government official. Prosecutors allege that Adams tried to hide these gifts or create the appearance that he had paid for them, indicating an awareness of their impropriety.

Quid Pro Quo Allegations

The indictment suggests that in exchange for these benefits, Adams used his official position to act on behalf of Turkish interests. While specific actions are not detailed in the information provided, this allegation forms the core of the bribery charge.

Wire Fraud

The inclusion of a wire fraud charge suggests that prosecutors believe Adams used electronic communications (such as emails or phone calls) to further the alleged scheme.

Ongoing Nature of the Alleged Scheme

Prosecutors claim that the scheme continued even after Adams became mayor, indicating a pattern of behavior rather than isolated incidents.

Contextualizing the Charges

Campaign Finance Laws

The allegations of illegal foreign contributions highlight the strict regulations surrounding campaign finance in the United States. Federal law prohibits foreign nationals from making contributions to U.S. political campaigns to prevent foreign influence in domestic elections.

Public Corruption

This indictment, as it involves a sitting mayor, falls under the umbrella of public corruption cases. Federal prosecutors often prioritize such cases due to their impact on government integrity and public trust.

International Dimensions

The involvement of the Turkish government adds a complex international dimension to the case. It raises questions about foreign influence in local politics and the potential exploitation of diplomatic connections.

Tough cases call for the toughest lawyers.

Significance of the Case

This indictment against a sitting mayor of the United States’ largest city is significant for several reasons:

  • It highlights the reach of federal law enforcement in investigating and prosecuting alleged corruption at the highest levels of local government.
  • The case underscores the complex interplay between local politics and international relations, particularly in a global city like New York.
  • It raises important questions about campaign finance regulations and their enforcement, especially concerning foreign contributions.

What’s Next in the Legal Process?

  1. Arraignment (scheduled for Friday):
    • Mayor Adams will appear in court to hear the formal charges against him
    • He will enter a plea of guilty or not guilty
    • The judge may set bail conditions or release terms
  2. Pre-trial proceedings:
    • Discovery phase: Prosecutors must share evidence with the defense
    • Filing of pre-trial motions (e.g., to suppress evidence or dismiss charges)
    • Status conferences to update the court on the case’s progress
  3. Potential plea negotiations:
    • Prosecutors and defense attorneys may discuss a possible plea deal
    • Could result in reduced charges or a recommended sentence in exchange for a guilty plea
    • If a deal is reached, it must be approved by the judge
  4. Trial (if no plea agreement is reached):
    • Jury selection
    • Opening statements, presentation of evidence, and witness testimony
    • Closing arguments
    • Jury deliberations and verdict

Mayor Adams’ Initial Response

Mayor Adams’ Initial Response

Mayor Adams has unequivocally asserted his innocence, stating emphatically that he is not guilty of the charges and has always operated within the bounds of the law. Adams has also suggested that the investigation may be politically motivated, implying it could be retaliation for his criticism of the Biden administration’s handling of the migrant crisis in New York City.

The mayor has challenged the credibility of the evidence against him, claiming that the allegations are “based on lies” and expressing confidence that they will not withstand scrutiny in court.

Unlike some officials who choose to step down when indicted, Adams has decided to remain in office. He argues that resigning would be tantamount to an admission of guilt and has pledged to balance his legal defense with his ongoing duties as mayor. Adams maintains that he can effectively lead the city while simultaneously fighting these charges, emphasizing his commitment to both his legal vindication and his responsibilities to New Yorkers.

As the legal process unfolds, these initial responses may evolve, and the public will be watching closely to see how Mayor Adams navigates both his legal challenges and his responsibilities to the city.

The Bigger Picture

This indictment underscores the reach of federal law enforcement in investigating high-level local government corruption. The coming months will be crucial for Mayor Adams, the city of New York, the presumption of innocence, and public integrity.

Varghese Summersett

Divorce can be a very complex, emotional process. In Texas, divorces generally fall into two categories: fault-based and no-fault. If you’re considering divorce in Texas, it’s crucial to understand these two different categories before filing.

Grounds for Divorce: Fault vs. No-Fault

Generally, in Texas, divorces fall into either fault or no-fault categories. However, the bases of these groups fall into separate subcategories, as explained below.]

Fault Based Grounds for divorce

Fault-Based Grounds for Divorce

Fault-based divorces occur when one spouse is responsible for the marriage breakdown due to specific actions. In Texas, the following are recognized fault grounds:

  • Cruelty : Occurs when one spouse has participated in cruel treatment towards the other.
  • Adultery : Occurs when one spouse has been unfaithful by means of sexual intercourse to the other, causing a breakdown in the marriage.
  • Conviction of a Felony: Occurs when a spouse has been convicted and imprisoned for at least one year.
  • Abandonment: Occurs when one spouse has left the other without any intention of returning.
  • Living Apart: Occurs when spouses have been living apart without cohabitation for at least 3 years.
  • Confinement in a Mental Hospital: Occurs when a spouse has been confined in a mental hospital for at least three years with little chance of recovery.

No Fault Grounds for DivorceNo-Fault Grounds for Divorce

No-fault divorce is the more common route in Texas. This means that you don’t have to prove any wrongdoing by your spouse. You simply need to show that the marriage has irretrievably broken down.

In some other states, a no-fault divorce is commonly referred to as being a divorce on the grounds of irreconcilable differences, irretrievable breakdown of marriage, or incompatibility. Texas law currently allows for a no-fault divorce on the basis of insupportability. This means that the marriage has become insupportable due to discord or conflict, and there is no reasonable expectation of reconciliation.

What’s the Difference between Fault and No-Fault Divorce?

The primary distinction between fault and no-fault divorce lies in the burden of proof and potential impact on the divorce settlement. In fault-based divorces, it is necessary to prove another’s misconduct and the process can be time-consuming and emotionally draining. A fault-based divorce may also affect property division.

In comparison, a no-fault divorce does not require either party to prove wrongdoing. This process is often quicker, less contentious, and may be less expensive in the long run.

What is the Appeal of a No-Fault Divorce?

Many couples opt for a no-fault divorce for several compelling reasons:

  • Privacy: It keeps personal, private matters out of public court records.
  • Reduced Conflict: It can help maintain a more amicable relationship, especially important when children are involved because it minimizes the “blame game” between the parties.
  • Cost-Effective: With less to prove in court, legal fees are often lower than the legal fees necessary to prove fault.
  • Faster Resolution: No-fault divorces typically move through the system more quickly.

When May a Fault-Based Divorce More Appropriate?

While no-fault divorce is popular, there are situations where pursuing a fault-based divorce could be a more appropriate avenue:

  • Cases of Domestic Violence: Proving cruelty can help secure protective orders.
  • Financial Misconduct: If a spouse has wasted marital assets, proving fault might lead to unequal division of property.
  • Custody Battles: In severe cases, proving fault could influence child custody decisions.

Remember, every situation is unique and may not always be straightforward. It’s crucial to consult with an experienced family law attorney to determine the best approach for your specific circumstances.

If you’re facing a divorce and are unsure whether a fault-based or no-fault approach is best for you, don’t hesitate to seek professional legal advice. The experienced attorneys at Varghese Summersett are here to guide you through every step of the process. Contact us today at 817-203-2220 to schedule a consultation and get the support you need.

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Varghese Summersett

The Fall of an Empire: What Did Diddy Do?

On September 16, 2023, the music and entertainment world was rocked by the arrest of Sean “Diddy” Combs, one of the most influential and wealthy figures in hip-hop history. The following day, federal prosecutors unsealed a bombshell indictment charging Combs with racketeering conspiracy, sex trafficking, and transportation to engage in prostitution.

The charges stem from alleged criminal activities dating back to 2009 and paint a disturbing picture of abuse, exploitation, and intimidation behind the glossy facade of Combs’ business empire.

In this article, we will look at the indictment to see what the prosecutor’s answer is to “What did Diddy do?” We’ll use Diddy’s arrest and denial of bail (twice) as an opportunity to discuss criminal prosecution in the federal system.

Sean “Diddy” Combs Indictment

The Diddy Indictment Explained

diddys criminal charges

The indictment accuses Sean “Diddy” Combs of running his business empire as a criminal enterprise to facilitate sex trafficking and other illegal activities. Here’s a breakdown of the charges:

1. Racketeering Conspiracy

What it means:

Prosecutors allege that Combs and his associates operated as an organized criminal group called the “Combs Enterprise” to commit various crimes over many years.

Key elements:

  • Existence of an enterprise affecting interstate commerce
  • Combs was associated with or employed by the enterprise
  • Combs agreed to participate in the enterprise’s affairs through a pattern of racketeering activity
  • Combs agreed that someone would commit at least two acts of racketeering activity

Alleged criminal activities:

  • Sex trafficking
  • Forced labor
  • Kidnapping
  • Arson
  • Bribery
  • Drug distribution

2. Sex Trafficking by Force, Fraud, or Coercion

What it means:

Combs is accused of forcing or tricking people into performing commercial sex acts.

Key elements:

  • Recruiting, enticing, harboring, transporting, providing, obtaining, or maintaining a person for commercial sex acts
  • Using force, threats, fraud, or coercion
  • Acts occurred across state lines or internationally

Specific allegations:

From 2009 to 2018, Combs allegedly victimized at least one person (referred to as “Victim-1”) through these means.

3. Transportation to Engage in Prostitution

What it means:

Combs is accused of moving people across state or national borders for the purpose of prostitution.

Key elements:

  • Knowingly transporting individuals across borders
  • Intending for those individuals to engage in prostitution

Timeframe:

The indictment alleges this occurred from 2009 to 2024.

  • The indictment includes forfeiture allegations, meaning Diddy could lose property and money related to these crimes if convicted.

Learn about our top-rated federal criminal defense team.

bases for diddy's charges

The Factual Bases for Diddy’s Charges

The indictment lays out a years-long pattern of alleged criminal conduct by Combs and his associates. Some key points from the factual basis include:

  • Combs allegedly used his various businesses – including Bad Boy Entertainment, Combs Enterprises, and Combs Global – to facilitate and cover up criminal activities.
  • The indictment describes “Freak Offs” – lavish sex parties that Combs allegedly organized, directed, and recorded. These events allegedly involved transporting sex workers across state and international borders.
  • Combs is accused of distributing drugs to victims and using violence and intimidation to control them.
  • The indictment details specific incidents of alleged physical abuse, including a 2016 incident at a Los Angeles hotel where Combs allegedly kicked, dragged, and threw a vase at a woman who was trying to leave.
  • Prosecutors allege that Combs used his wealth and influence to silence victims and obstruct investigations into his conduct.

The Investigation

The case against Combs is the result of a lengthy investigation by Homeland Security Investigations (HSI) and other law enforcement agencies. Some key points about the investigation include:

  • Federal agents conducted searches of Combs’ homes in Miami and Los Angeles, seizing evidence including drugs and what they termed “Freak Off supplies” – over 1,000 bottles of lubricant and baby oil.
  • The investigation appears to have been building for years, compiling evidence from multiple alleged victims and witnesses.
  • The case is being prosecuted by the U.S. Attorney’s Office for the Southern District of New York, which has a reputation for handling high-profile organized crime and racketeering cases.
  • While the criminal charges are new, they appear to be at least partially built on allegations made in several civil lawsuits filed against Combs in recent years.

who are diddy's victims

Who Might the Victims Be?

While the names of victims are not public, there are a number of related civil and criminal cases that give us an idea of who these indictments might be based on.

Forced Sexual Activity

Cassie Ventura, a former partner and singer who filed a lawsuit in 2023 alleging years of abuse, trafficking, and rape.

Testimony: Ventura could testify about being forced into recorded sexual activity referred to as “Freak Outs” and detail the pattern of abuse that began as soon as their relationship started, including being raped in 2018 when she tried to end the relationship.

Criminal Enterprise

Rodney “Lil Rod” Jones, a producer who worked for Combs and alleged he was subjected to unwanted advances, drugged, and threatened.

Testimony: Jones could describe how Combs used his business empire to coerce and control victims, including hosting “sex-trafficking parties” with underage women and illegal drugs.

Sex Trafficking:

Jane Doe (pseudonym), who filed a lawsuit alleging she was drugged and gang-raped by Combs and his associates in 2003.

Testimony: Jane Doe could detail how she was flown from Michigan to New York, plied with drugs and alcohol, and then raped, which aligns with the indictment’s allegations of sex trafficking.

Forced Labor:

Victim: Dawn Richard, a former bandmate who accused Combs of years of physical and sexual abuse, including withholding payment for work on albums.

Testimony: Richard could testify about how Combs manipulated her with promises of career advancement, subjected her to physical and sexual abuse, and withheld basic necessities during recording sessions.

Kidnapping and Assault:

Victim: April Lampros, who alleged Combs sexually assaulted her multiple times between 1995 and the early 2000s.

Testimony: Lampros could describe how Combs forced himself on her despite her protests, including an incident where she was physically forced to perform oral sex in a garage near his apartment.

What Punishment Does Diddy Face if Convicted?

If convicted, Combs is facing the following consequences:

  • For the racketeering conspiracy charge: Up to 20 years in prison, a fine of up to $250,000, and forfeiture of any money or property gained through the illegal activities.
  • For the sex trafficking charge: Up to life in prison, a fine of up to $250,000, and mandatory restitution to the victims.
  • For the transportation for prostitution charge: Up to 10 years in prison, a fine of up to $250,000, and restitution to victims.

Given the multiple charges and the allegations of ongoing criminal activity, if convicted on all counts Combs could potentially face life in prison.

Legal Proceedings So Far

Since his arrest, there have been several key developments in the legal proceedings against Combs:

Why was Diddy’s Bond Denied Twice?

It may seem highly unusual for a defendant of Combs’ wealth and status to be denied bail. Yet, Combs has been denied bail twice and remains in custody as his case proceeds.

The Federal Bail Process

To understand why Combs remains in custody despite his immense wealth, it’s important to note how federal bail differs from the cash bail system used in many state courts:

  • Federal courts use the Bail Reform Act of 1984, which focuses on assessing flight risk and danger to the community rather than a defendant’s ability to pay.
  • Instead of requiring upfront payment, federal defendants are typically released on a bond – essentially a promise to pay if they fail to appear for trial.
  • Prosecutors must show
    • by a preponderance of evidence (more than 50% likely) that a defendant is a flight risk, or
    • by clear and convincing evidence that they pose a danger to others.
  • Factors considered include the nature of the charges, the strength of the evidence, the defendant’s ties to the community, criminal history, and any history of failing to appear in court.

In Combs’ case, his wealth and private jet access actually worked against him in terms of flight risk. The allegations of witness intimidation were likely a major factor in the danger assessment.

During bail hearings, prosecutors argued that Combs posed both a flight risk and a danger to witnesses if released.

Magistrate Judge Robyn F. Tarnofsky, who made the initial decision to deny bail, cited several factors:

  • Evidence of violence against women
  • Combs’ access to weapons
  • A history of anger management and substance abuse issues
  • Allegations that Combs had already contacted potential witnesses, who reported being afraid of him

Judge Tarnofsky noted the serious nature of the charges, stating, “This is a crime that happens behind closed doors, even when pretrial services is monitoring” a defendant on bail.

Witness Tampering Allegations

One of the most damaging allegations against Combs in terms of pretrial detention is that he attempted to contact and intimidate potential witnesses after learning of the investigation. Prosecutors cited a specific example:

  • Combs allegedly called or texted Kalenna Harper, a former protégée, 58 times over just four days after another woman, Dawn Richard, filed a lawsuit accusing him of physical and sexual abuse.

This alleged pattern of witness tampering has been cited as evidence of both obstruction of justice and the ongoing danger Combs might pose if released.

The Broader Context: Combs’ Rise and Fall

To fully grasp the significance of these charges, it’s crucial to understand Sean Combs’ place in the music industry and popular culture:

The Rise of “Puff Daddy”

Sean Combs, also known by stage names including “Puff Daddy,” “P. Diddy,” and simply “Diddy,” built a hip-hop empire starting in the 1990s. After working as an intern at Uptown Records, he founded Bad Boy Entertainment in 1993. The label would go on to launch the careers of artists like The Notorious B.I.G., Mary J. Blige, and many others.

Combs became known not just for his music, but for his flamboyant lifestyle and business acumen. He expanded into fashion with his Sean John clothing line, vodka with Cîroc, and various other ventures. By blending street credibility with luxury branding, Combs became one of the wealthiest figures in hip-hop, with a net worth estimated in the hundreds of millions of dollars.

Controversies and Legal Issues

While immensely successful, Combs’ career has also been marked by controversies and legal troubles:

  • In 1999, he was arrested in connection with a shooting at a New York nightclub. While acquitted of gun possession and bribery charges, his protégé Shyne was convicted and sentenced to 10 years in prison.
  • Combs has faced multiple lawsuits alleging physical abuse, including a high-profile case brought by his former girlfriend, singer Cassie Ventura, in 2023. That case was settled out of court for an undisclosed amount.
  • There have been persistent rumors and allegations of exploitative business practices throughout Combs’ career, with some former artists claiming they were underpaid or mistreated.

Reactions from the Entertainment World

The charges against Combs have sent shockwaves through the music industry, with various celebrities and industry figures weighing in:

  • 50 Cent, a long-time rival of Combs, posted on social media, “I told you, Puffy was in trouble.” While seemingly gloating, 50 Cent’s comments reflect the long-standing rumors and allegations that have swirled around Combs for years.
  • Aubrey O’Day, a former member of the group Danity Kane which was signed to Combs’ Bad Boy Records, expressed support for the alleged victims, stating, “I believe the women.” O’Day has previously spoken out about negative experiences working with Combs.
  • Kesha, who has faced her own high-profile legal battle over abuse allegations in the music industry, shared a message of solidarity, saying, “I stand with the survivors.”
  • Many of Combs’ long-time collaborators and friends, including Mary J. Blige, have remained notably silent on the charges, perhaps reflecting the complex loyalties and power dynamics at play in the industry.

The Path Forward: What Comes Next

As the case against Sean “Diddy” Combs proceeds, there are several key issues and potential outcomes to watch for:

Legal Strategy and Potential Plea Deals

Combs has pleaded not guilty to all charges and assembled a high-powered legal team to mount his defense. Given the serious nature of the charges and the potential for a life sentence, there will likely be intense negotiations between Combs’ lawyers and prosecutors.

Some possible scenarios include:

  • Combs could maintain his innocence and take the case to trial, betting on his legal team’s ability to cast doubt on the prosecution’s evidence.
  • Prosecutors might offer a plea deal to avoid a lengthy and high-profile trial, potentially in exchange for Combs’ cooperation in other investigations.
  • If the case does go to trial, it could be a lengthy and complex proceeding, potentially lasting months and involving testimony from numerous alleged victims and witnesses.

The Legacy Question

For Sean Combs personally, the charges threaten to completely redefine his legacy. Once hailed as a visionary entrepreneur who brought hip-hop culture into the mainstream of American business, he now faces the possibility of being remembered primarily for alleged crimes and exploitation.

The case raises difficult questions about how to reconcile an individual’s artistic and business achievements with serious allegations of personal misconduct. It’s a dilemma that has faced many industries in the wake of #MeToo, but rarely with a figure as central to his genre as Combs has been to hip-hop.

Conclusion

For a generation that grew up seeing Combs as the epitome of hip-hop success, the case is a sobering reality check. It underscores the importance of looking beyond the glitz and glamour to critically examine the systems and individuals that shape our popular culture. As the legal process plays out, the music industry – and society at large – will be forced to grapple with difficult questions about power, responsibility, and the true cost of fame.

Learn more from our Fort Worth Criminal Defense Lawyer.

Varghese Summersett

Texas High Court Set for a Delta 8 THC Battle

Texas has struggled with what to do with THC products, especially Delta-8 THC, ever since Texas followed the federal government’s lead when the 2018 Farm Bill Act was passed. The changes in legislation distinguished hemp and marijuana. It defined hemp as cannabis containing no more than 0.3% delta-9 THC, the primary psychoactive compound in marijuana. This change meant that THC that was 1) not specifically delta-9 THC and 2) less than .3% delta-9 THC was not illegal. This opened the door for a variety of products to be sold without limitation, including delta-8 THC, THCA, and substances with less than .3% delta-9 THC . Most of the discussion around the proliferation of these products has centered around delta-8 THC. In this article, we will discuss the take of the Texas Supreme Court on Delta-8 THC.

The Delta-8 Loophole

The Farm Bill focused on delta-9 THC, but left a loophole for other cannabinoids like delta-8 THC. Delta-8 occurs naturally in cannabis in small quantities, but it can also be synthesized from CBD. This synthetic delta-8 produces effects similar to, but generally milder than, delta-9 THC.

As Delta-8 products became popular, they fell into a gray area. Some argued that since delta-8 was derived from legal hemp, it should be legal. Others believed that since it’s psychoactive, it should be regulated like marijuana.

Prosecution Challenges

Prosecutors across the state faced issues dealing with Delta-8 cases. In the beginning, state labs couldn’t distinguish between delta-9 THC and other THC types. Millions were spent on equipment and new testing procedures, but the backlog of cases remained, and testing was expensive. To complicate things further, THC is often found in liquids like vape cartridges, yet the law defines THC concentration by dry weight. Many prosecutors began dropping these cases to avoid the high cost of testing.

Our lawyers are your compass in the storm.

Texas Tried to Nip Delta-8 THC in the Bud

In October 2021, the Texas Department of State Health Services (DSHS) updated its website to classify delta-8 THC as a Schedule I controlled substance, effectively making it illegal in the state.

Civil Lawsuit Begins

A group of hemp businesses, led by Sky Marketing Corp. (doing business as Hometown Hero), sued DSHS, claiming it overstepped its authority by classifying delta-8 as illegal without following the proper procedures.

The Legal Battle

In November 2021, a Travis County court granted a temporary injunction against the delta-8 ban. This decision was upheld in September 2023 by the Third Court of Appeals. Now, DSHS has appealed to the Texas Supreme Court, which will decide the legal status of delta-8 THC in Texas.

our bench is deep

Key Issues Before the Texas Supreme Court

Standing and Enforcement Authority

One key argument is whether the plaintiffs have the right (standing) to bring the lawsuit. DSHS argues it doesn’t have the authority to enforce criminal penalties, which lies with local law enforcement. The plaintiffs counter that they face civil penalties under the state’s hemp licensing scheme, which DSHS does enforce.

Ultra Vires Actions and Sovereign Immunity

The plaintiffs also argue that DSHS overstepped its authority by classifying delta-8 as illegal without following proper procedures. DSHS, on the other hand, claims its actions were within its authority, and that sovereign immunity protects it from the lawsuit.

Administrative Procedure Act (APA) Violations

The plaintiffs accuse DSHS of violating the APA by failing to follow rule-making procedures when it declared delta-8 illegal on its website. DSHS contends the website update was informational and not subject to APA requirements.

Irreparable Harm and Public Interest

The court must weigh the potential harms to both sides. The plaintiffs argue that banning delta-8 will harm their businesses, while DSHS points to the public health risks of unregulated delta-8 products, including contaminants and negative health effects.

Broader Implications of the Case

The outcome of this case could impact more than just Texas. If DSHS wins, other states might follow Texas’s lead in cracking down on delta-8. If the plaintiffs win, it could create legal precedents that favor hemp businesses nationwide.

The Cannabis Industry Watches Closely

The cannabis industry, including hemp farmers and CBD manufacturers, is closely watching this case. Supporters of delta-8 believe it offers a milder alternative to delta-9 THC, while critics are concerned about the lack of regulation in delta-8 production.

The Road Ahead

The Texas Supreme Court must now navigate complex laws and regulations. Regardless of the outcome, this case highlights the challenges of regulating the rapidly evolving cannabis industry. As new products emerge, lawmakers must find a balance between innovation and public health concerns.

Conclusion

All eyes are on the Texas Supreme Court as it prepares to rule on this contentious issue. The court’s decision could shape cannabis laws in Texas and potentially across the United States for years to come.

Varghese Summersett

Varghese Summersett, one of the largest and fastest-growing criminal defense, personal injury, and family law practices in North Texas, has expanded to Houston with the opening of a fourth location.

The firm, which is headquartered in downtown Fort Worth and has locations in Dallas and Southlake , is now providing comprehensive legal services to clients in Houston, Pasadena, Sugar Land, Pearland, Richmond, and the surrounding areas.

Its newest location in Houston is strategically positioned to serve clients in Harris and Fort Bend counties.

“The decision to expand to the Houston area was a natural one for us,” said Benson Varghese, managing partner of Varghese Summersett. “Our firm has experienced tremendous growth in recent years, and we are committed to serving as much of Texas as possible. When we saw an opportunity to help people in one of the state’s largest cities, we seized it. I’m confident we have the right leader at the helm, and we are excited to build upon our reputation as the firm people turn to when facing life’s greatest challenges.”

Varghese Summersett Expands to Houston

Leading the Houston office is Mike Hanson, a highly accomplished criminal attorney who has been practicing in the area for nearly a decade—as a prosecutor, military lawyer, and now a sought-after defense attorney.

As a Judge Advocate (JAG lawyer) with the U.S. Army Reserves and a former D1 football player for Texas Tech University, Hanson is not afraid to go into battle — whether it’s defending his clients in court or advocating for justice outside of it.

Mike Hanson Head Shot“Joining Varghese Summersett and expanding its reach into Harris and Fort Bend counties is an incredible opportunity,” said Hanson, who serves as Senior Counsel for the firm.  “This is my home, and I care deeply about the people and communities here. The firm’s reputation for excellence and dedication to clients aligns perfectly with my own values as an attorney, a soldier, and most importantly, a father. I think helping people through the lowest points in their lives is one of the most honorable things you can do.”

With the opening of the Houston office, Varghese Summersett is now poised to serve clients across Southeast Texas. The firm’s attorneys are known for their aggressive representation and exceptional outcomes in high-profile criminal cases, complex personal injury matters, and contentious family law disputes.

“Each division of our firm is composed of the brightest minds in the state of Texas, hand-selected for their experience, knowledge, and proven track record,” said Partner Anna Summersett. “They are the best at what they do, and Mike Hanson is no exception. We are thrilled to have him as our senior counsel for the Houston area. He will ensure that every person who walks through our door will receive the highest level of representation and support.”

About Varghese Summersett

Varghese Summersett is a premiere criminal defense, personal injury, and family law practice in Texas dedicated to helping people through life’s greatest challenges. The firm’s roster is full of highly experienced, award-winning attorneys committed to providing exceptional legal services. Varghese Summersett has more than 1100 5-star Google reviews and has been named a fastest-growing company by Inc. 5000. It has also been named a “DFW Favorite,” a “Best Place to Work,” and a “Best Place for Working Parents,” among numerous other accolades. Learn more about Varghese Summersett at versustexas.com.

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