What is a Third Degree Felony Texas?

Felonies are categorized as four types in Texas. These are State Jail Felony, Third Degree Felony, Second Degree Felony, and First Degree Felony.

What is a Third Degree Felony?

A Third Degree Felony is defined in Penal Code Section 12.34 and is the second lowest level of felony in Texas. It is an offense that is punishable by 2 to 10 years in Texas.

What is the Punishment for a Third Degree Felony?

Under Texas Penal Code Section 12.34, a third degree felony is punishable by:

• Imprisonment in the Texas Department of Criminal Justice for 2 to 10 years. This means that if you are sentenced to prison time, your minimum term of imprisonment will be 2 years.
• A fine of up to $10,000. This means a fine does not have to be imposed, but if one is imposed it cannot exceed $10,000. However because you also have to pay court costs to the court, the actual amount you pay for fines and court costs could exceed $10,000. This fine limit also does not apply to things like probation fees or restitution.
• Possible combination of both imprisonment and fine

Enhancement to Repeat and Habitual Offender Status

A third degree felony charge can be enhanced to a more serious offense if you have prior prison trips:

• Repeat Offender: If you have bene to prison once before, your third degree felony can be enhanced to a second degree felony (2-20 years)

• Habitual Offender: If you have two prior felony convictions, your punishment range increases to 25-99 years or life in prison

Probation Options in Texas

Jury Probation

You may be eligible for jury probation if:

• You have never been convicted of a felony in Texas or any other state
• You file a sworn motion before trial requesting jury probation
• The jury finds you guilty and sentences you to 10 years or less

Judge Probation

A judge may grant probation if:

• The sentence imposed doesn’t exceed 10 years
• You have no prior felony convictions
• The offense didn’t involve a deadly weapon or serious bodily injury

Deferred Adjudication

Deferred adjudication may be available through a judge (never a jury) if:

• You plead guilty or no contest
• The judge believes deferred adjudication is in the best interest of society and the defendant
• The offense is not one that prohibits deferred adjudication by statute

Common Third Degree Felonies in Texas

Some frequently charged third degree felonies include:

• Possession of 1-4 grams of controlled substances
• Driving While Intoxicated (3rd offense)
• Assault on a Public Servant
• Stalking
• Retaliation
• Terroristic Threat against a Public Servant

Why Choose Varghese Summersett for Your Defense?

If you’re facing third degree felony charges in Tarrant, Dallas, Harris, or Fort Bend County, here’s why you should contact Varghese Summersett immediately:

• Extensive Experience: Our attorneys have handled hundreds of third degree felony cases across Texas’s major metropolitan areas
• Strategic Defense: We understand enhancement provisions and can develop strategies to avoid them
• Probation Expertise: We have significant experience in securing both regular probation and deferred adjudication for eligible clients
• Local Knowledge: Our firm has established relationships with local prosecutors and understands how different counties handle these cases
• Proven Track Record: We have successfully defended numerous clients against third degree felony charges

Contact Us Today

Time is critical in felony cases. The sooner you contact Varghese Summersett, the better we can protect your rights and build your defense strategy. Call us for a confidential consultation to discuss your case and understand your options.

Learn more about our teams:

Dallas Fort Worth Criminal Defense

Houston Criminal Defense

Fort Bend Criminal Defense

Uncontested Divorce in Texas: A Complete Guide

Ending a marriage is never easy, but some paths forward are smoother than others. At Varghese Summersett, we’ve helped numerous Texas couples navigate the divorce process, and we’ve found that an uncontested divorce is sometimes he most straightforward route to starting a new chapter in life. This comprehensive guide will walk you through everything you need to know about uncontested divorce in Texas.

What Is an Uncontested Divorce?

Put simply, an uncontested divorce occurs when both spouses agree on all aspects of ending their marriage. Think of it as a mutual decision-making process where both parties come to the table ready to work together rather than against each other.

For a divorce to be truly uncontested, both spouses must agree on every single aspect of their separation, including:

• How to divide all property and assets
• Who takes responsibility for which debts
• Child custody arrangements (if children are involved)
• Visitation schedules
• Child support amounts
• Whether any spousal support will be paid
• Division of retirement accounts and investments
• What happens to the family home
• How to handle joint bank accounts
• Division of personal property and belongings

The Timeline of an Uncontested Divorce in Texas

One of the most common questions we hear is: “How long will this take?” In Texas, even the smoothest uncontested divorce has a minimum timeline due to state law requirements.

Mandatory Waiting Period

Texas law requires a 60-day waiting period from the date you file your divorce petition before the court can finalize your divorce. Think of this as a “cooling-off period” that gives couples time to be certain about their decision.

Typical Timeline Breakdown

A standard uncontested divorce in Texas usually follows this timeline:

• Day 1: File Original Petition for Divorce
• Days 1-60: Complete and sign divorce decree and associated documents
• Day 61+: Schedule and attend final hearing (prove-up)
• Final Decree Signed: Usually within 1-2 weeks after the hearing

In total, most uncontested divorces are completed within 60-90 days from filing. However, this timeline assumes everything goes smoothly and both parties remain cooperative throughout the process.

Cost Considerations: Understanding the Financial Impact

Flat Fee Structure for Uncontested Divorces

At Varghese Summersett, we understand that financial certainty is important during this transitional time. For straightforward uncontested divorces, we often offer a flat fee structure, which means you’ll know exactly what to expect in terms of legal costs from the beginning.

Our flat fee typically covers:

• Initial consultation and case evaluation;
• Preparation of all necessary legal documents;
• Communication with opposing party or their attorney;
• Final hearing representation.

While the flat fee does not cover filing fees, we can also make this a fairly predictable number for you based on where the case is being filed.

When Flat Fees Apply

Not every uncontested divorce operates on a flat fee. We can typically offer flat fee arrangements when:

• Both parties are in complete agreement on all issues
• There are no complex assets requiring professional valuation
• Both parties are responsive and cooperative
• No unexpected issues arise during the process
• Matters related to any children are agreed upon.

When an Uncontested Divorce Becomes Contested

Sometimes, what begins as an uncontested divorce can become contested. This transformation typically happens when disagreements arise during the process, often catching one or both parties by surprise.

Common Reasons for Contest

Here are the most frequent reasons an uncontested divorce becomes contested:

1. Discovery of Hidden Assets: One spouse finds previously unknown accounts, properties, or investments;
2. Financial Changes: Job loss, business valuation disputes, or inheritance questions;
3. Child-Related Issues: Disagreements about custody, visitation, or support amounts;
4. New Relationships: When one party begins dating during the divorce process;
5. Family Interference: When family members or friends encourage more aggressive positions;
6. Emotional Evolution: As the reality of divorce sets in, emotions can lead to changed positions;
7. Property Valuation Disputes: Disagreements about the worth of homes, businesses, or other assets;
8. Retirement Account Issues: Conflicts over the division of pensions or 401(k)s.

Financial Implications of an Uncontested Divorce Becoming Contested

When a divorce shifts from uncontested to contested, the fee structure typically changes to reflect the additional work required. In contested cases, we do not operate on flat fees. A typical contested divorce is structured with a standard retainer. This includes the following:

• An initial retainer deposit
• Hourly billing for work performed
• Regular billing statements showing work completed
• Additional retainer deposits as needed

This change reflects the increased complexity and time investment required for:

• Court appearances and hearings
• Discovery processes
• Document preparation and review
• Negotiations with opposing counsel
• Mediation sessions
• Possible trial preparation

The Critical Role of Legal Representation in Uncontested Divorce

Even in an uncontested divorce, having legal representation is crucial. Here’s why:

Protection of Legal Rights

Our attorney ensures:

• Your rights are protected under Texas law;
• Property division is fair and equitable;
• Child custody arrangements serve the best interests of the children;
• Support amounts comply with state guidelines; and
• All necessary assets and debts are addressed;
• Court deadlines are met;
• Filing procedures are correctly followed; and
• Agreements are properly worded to prevent future disputes.

Court Proceedings in Uncontested Divorces

While uncontested divorces require less court involvement, some court proceedings are still necessary.

The “Prove-Up” Hearing

This final hearing typically involves:

• Brief testimony from one spouse
• Review of the divorce decree by the judge
• Questions from the judge (if any)
• Final signature of the divorce decree

Understanding the Benefits of Uncontested Divorce

Choosing an uncontested divorce offers numerous advantages:

Financial Benefits

The financial advantages of an uncontested divorce can be significant. First and foremost, you’ll typically spend less on legal fees since there’s no need for lengthy court battles or multiple hearings. Because most uncontested divorces can be handled with a flat fee structure, you’ll know exactly what to expect financially from the beginning – no surprise bills or mounting legal costs. You won’t need to take multiple days off work for court appearances, which helps protect both your income and your professional reputation. Additionally, you can avoid the expensive costs of hiring expert witnesses, such as property appraisers, business valuators, or custody evaluators, which can easily add thousands of dollars to a contested divorce.

Emotional Benefits

Beyond the financial savings, the emotional benefits of an uncontested divorce are invaluable. Instead of enduring months or even years of high-stress litigation, you and your spouse can focus on moving forward with your lives. This cooperative approach often leads to better relationships post-divorce, which is especially crucial if you have children together. Parents who divorce amicably typically find it easier to co-parent effectively, leading to better outcomes for their children. Perhaps most importantly, an uncontested divorce puts you and your spouse in control of your future, rather than leaving major life decisions in the hands of a judge who doesn’t know your family’s unique circumstances.

Fault vs. No-Fault in Texas Uncontested Divorces

While Texas allows both fault and no-fault grounds for divorce, most uncontested divorces use the no-fault ground of “insupportability” (irreconcilable differences). However, this isn’t a requirement.

Understanding Your Options

In Texas, you can file for divorce based on:

• Insupportability (no-fault)
• Cruelty
• Adultery
• Felony conviction
• Abandonment
• Living apart
• Confinement in a mental hospital

Protecting Your Future:

Even in an amicable divorce, certain aspects require careful attention:

Financial Considerations

Even in an amicable divorce, it’s crucial to consider the long-term financial impact of your decisions. The way you divide property can have significant tax consequences – what seems like an equal split on paper might have very different tax implications for each spouse. Retirement benefits require special attention too; dividing accounts like 401(k)s and pensions often needs specific legal documents to avoid early withdrawal penalties and ensure both parties receive their fair share.

Insurance considerations are another critical factor. You’ll need to think about how health insurance coverage will change, whether life insurance policies need to be maintained or modified, and what adjustments might be needed for home and auto insurance. It’s also important to update your estate planning documents, including wills, trusts, and beneficiary designations on retirement accounts and life insurance policies. Additionally, you’ll want to carefully consider how the division of debts and joint credit accounts might affect your credit score and future financial stability.

Legal Protections

While an uncontested divorce is cooperative in nature, proper legal protections are still essential to prevent future disputes. Your divorce decree should include crystal-clear terms about property division, leaving no room for misinterpretation about who gets what. If support payments are part of your agreement, whether child support or spousal maintenance, these provisions must be carefully worded to ensure they’re enforceable if problems arise later.

For parents, protecting your rights and responsibilities is paramount. Your decree should spell out not just custody arrangements, but also decision-making authority for important matters like education, healthcare, and religious upbringing. We also recommend including specific protocols for how you’ll communicate and make decisions about your children, which can prevent many common co-parenting conflicts. Finally, including clear procedures for resolving any future disagreements – whether through mediation or other means – can save considerable time, money, and stress down the road.

Taking the Next Step

If you’re considering an uncontested divorce in Texas, Varghese Summersett can help ensure your rights are protected while maintaining the cooperative spirit that makes uncontested divorces successful. We offer:

• Initial consultations to evaluate your situation
• Clear explanation of your legal options
• Transparent fee structures
• Experienced guidance throughout the process
• Protection of your legal rights

Contact Us Today

Ready to learn more about uncontested divorce in Texas? Contact Varghese Summersett for a consultation. Our experienced family law attorneys will help you understand your options and guide you through the process with the care and attention you deserve.

Remember, while an uncontested divorce can be simpler and more cost-effective, having proper legal guidance ensures your rights are protected and all necessary issues are properly addressed. Let us help you start your new chapter with confidence and peace of mind.

Lifetime Protective Orders in Family Law Cases: Texas Supreme Court Hears Arguments

The Texas Supreme Court heard oral arguments today in a case that highlights the precarious balance between protecting children and preserving parental rights. The case, Stary v. Ethridge (No. 23-0067), challenges the constitutionality of lifetime protective orders issued under a preponderance of evidence standard in family law cases.

Listen: In-Depth Analysis of Stary v. Ethridge and Permanent Protective Orders

Background of Stary v. Ethridge

Christine Stary and Brady Ethridge divorced in 2018, initially maintaining an amicable shared custody agreement. However, their situation changed dramatically following an incident at Stary’s home on March 5, 2020, which led to a police investigation an initial allegations of injury to a child, a third-degree felony offense.

In response, Ethridge quickly sought legal intervention, filing for a protective order while the criminal investigation was still ongoing.

A search of Harris County records reveals no evidence of a conviction, arrest record, or indictment related to these allegations.

This suggests the criminal case did not result in a conviction and was likely expunged from Stary’s record. (At this point, not even a book-in photo or jail record can be found.) Despite this apparent lack of criminal prosecution, the civil protective order proceedings moved forward rapidly through the fall of 2020, with multiple court dates in September, October, and November, ultimately culminating in the December 7, 2020 decision that would bar Stary from contacting her children for life.

This lifelong or permanent protective order, without a criminal conviction and without any proceedings to terminate Stary’s parental rights, has become the subject of an ongoing legal battle that will shape how relief is sought and granted in family courts across Texas.

Termination of Parental Rights Was Not Sought

At the outset, it’s important to clarify, parental rights can be terminated in a constitutionally-sound manner. However, in Stary, termination was not sought in this case. Instead, a permanent protective order was granted.

The protective order proceedings against Stary highlight significant procedural differences from parental termination cases. When Ethridge initially sought the protective order in March 2020, the application for protective order would have followed standard Texas Family Code procedures, which typically focus on immediate safety concerns and temporary relief. Notably, the standard application forms and citations for protective orders do not explicitly warn respondents that they could permanently lose access to their children for life.

The Notice Disparity

In termination cases, parents receive clear notice that their parental rights are at stake – for life. They must be explicitly warned about potential consequences and their right to counsel. The heightened “clear and convincing” evidence standard reflects the gravity of permanently severing the parent-child relationship.

However, in Stary’s case, what began as a presumably temporary protective order evolved into a lifetime ban on parent-child contact without the same level of procedural safeguards. The process did not require:

• Explicit warning that lifetime severance of contact was possible
• Notice that the effect could be similar to termination
• The heightened evidentiary standard used in termination cases
• Mandatory appointment of counsel

Constitutional Implications

This disparity between protective order and termination procedures raises fundamental due process questions:

Notice

1. Whether standard protective order notices adequately warn respondents of potential lifetime consequences
2. If current notice procedures satisfy constitutional due process requirements
3. Whether parents should receive termination-level warnings when lifetime orders are possible

Standard of Proof Concerns

1. Whether using the lower preponderance standard for lifetime orders is constitutionally adequate
2. If the practical effect of lifetime orders requires termination-level protections
3. How courts should balance immediate safety needs with long-term parental rights

Procedural Protections

1. Whether mandatory counsel should be required for lifetime protective orders
2. If current procedures adequately protect fundamental parental rights
3. Whether additional safeguards are needed when lifetime orders are contemplated

The “De Facto Termination” Argument

Stary’s appeal argues that lifetime protective orders effectively function as termination orders without providing equivalent procedural protections. This argument suggests that when the state seeks to permanently sever parent-child contact through any legal mechanism, it should be required to:

• Provide clear advance notice of possible permanent severance
• Apply the clear and convincing evidence standard
• Ensure adequate procedural protections
• Consider less restrictive alternatives

Legal Framework

The case centers on Texas Family Code Section 85.025(a-1), which permits courts to issue lifetime protective orders when a felony involving family violence is alleged – even without a criminal conviction. This provision has sparked considerable debate about due process rights and the appropriate standard of proof required for such consequential orders. This was enacted in 2011 as part of House Bill 1003 during the 82nd Texas Legislature. Prior to this amendment, protective orders were generally limited to two-year terms, with courts requiring petitioners to prove a continuing need for protection to obtain extensions.

Legislative Intent for Family Code Section 85.025

The provision was introduced amid growing concerns about repeat family violence offenders and the burden on victims who had to repeatedly return to court to extend protective orders. The legislative record indicates the primary goals were to:

1. Focus on cases involving documented patterns of violence
2. Address situations with clear evidence of serious abuse
3. Reduce court appearances for victims

Debate and Opposition

However, even during the bill’s initial consideration, concerns were raised about:

1. The constitutional implications of lifetime orders
2. The lower evidentiary standard required
3. The potential impact on parental rights
4. The lack of clear mechanisms for modification or review

Critics argued that the law needed more safeguards to protect due process rights, particularly in cases involving parent-child relationships. Some lawmakers pushed for amendments that would have:

1. Required a higher standard of proof
2. Mandated periodic review of lifetime orders
3. Created clearer modification procedures
4. Required consideration of less restrictive alternatives

The Evidence Against Stary

• Brady Ethridge’s testimony, which was primarily based on what the children had told him rather than direct observation
• Medical records documenting the children’s injuries
• Stary’s testimony, in which she denied the abuse allegations and offered alternative explanations for the injuries, such as accidental falls and rough housing
• Character witness testimony on Stary’s behalf, though the court placed limitations on this evidence

An amicus attorney was appointed to represent the children’s interests, and the court ordered psychological evaluations for Stary, demonstrating the comprehensive nature of the proceedings.

The Constitutional Question

The core issue before the Supreme Court is whether using the “preponderance of the evidence” standard for lifetime protective orders satisfies constitutional due process requirements. This standard requires only that allegations be more likely true than not – a markedly lower threshold than the “clear and convincing evidence” standard required for terminating parental rights.

The Decision for the Texas Supreme Court

The Texas Supreme Court’s decision could provide crucial guidance on these issues and potentially reshape how Texas courts approach protective orders that effectively sever parent-child relationships. The outcome of this case could have far-reaching implications for family law practice in Texas and might spark broader discussions about necessary reforms to ensure both child safety and parental rights are adequately protected.

Auto Insurance in Texas: A Comprehensive Guide

In Texas, as in many other states, drivers are required by law to carry certain minimum levels of insurance coverage. However, the world of auto insurance can be complex, with various types of coverage available, each serving a specific purpose. Too often we see individuals who get insurance to protect others (comprehensive coverage) while not getting coverage to protect themselves (Comprehensive, PIP, MedPay). So in this article, we will walk you through the different types of insurance and how to best protect yourself.

Whether you’re a new driver in Texas or a long-time resident looking to better understand your insurance options, this article will provide you with the knowledge you need to make informed decisions about your auto insurance coverage.

Liability Coverage

Liability coverage is the foundation of auto insurance in Texas and is required by law for all drivers. This type of insurance protects you financially if you’re at fault in an accident that causes injury to others or damage to their property. In Texas, the minimum required liability coverage is often referred to as 30/60/25, which breaks down as follows:

• $30,000 per person for bodily injury
• $60,000 per accident for bodily injury
• $25,000 for property damage

It’s important to note that these are minimum requirements, and many drivers choose to carry higher limits for better protection. Liability coverage is divided into two main categories:

Bodily Injury Liability

This coverage pays for the medical expenses, lost wages, and pain and suffering of individuals injured in an accident where you’re at fault. It applies to both the other driver and their passengers. In severe cases, it can also cover legal fees if you’re sued as a result of the accident.

Property Damage Liability

This part of your liability coverage pays for damage you cause to another person’s property in an accident. This most commonly applies to the other driver’s vehicle but can also cover damage to structures like fences or buildings if you were to crash into them.

While liability coverage is essential and required by law, it’s important to understand that it does not cover your own injuries or damage to your own vehicle. For those types of protection, you’ll need to consider additional coverage options.

Collision Coverage

Collision coverage is an optional type of insurance that pays for damage to your own vehicle resulting from a collision with another vehicle or object, regardless of who is at fault. This coverage can be particularly valuable for newer or more expensive vehicles, as repair costs can be significant.

Here’s what collision coverage typically includes:

• Repairs to your vehicle after an accident
• Replacement of your vehicle if it’s deemed a total loss
• Coverage for collisions with other vehicles, as well as fixed objects like poles or guardrails
• Protection if your car is damaged in a hit-and-run incident

It’s worth noting that collision coverage usually comes with a deductible, which is the amount you agree to pay out of pocket before your insurance kicks in. Higher deductibles generally result in lower premiums, but mean you’ll pay more if you need to make a claim.

While collision coverage isn’t required by law in Texas, if you’re financing or leasing your vehicle, your lender may require you to carry this type of insurance to protect their investment.

Comprehensive Coverage

Comprehensive coverage, sometimes called “other than collision” coverage, protects your vehicle from damage caused by events other than collisions. This type of coverage is also optional in Texas but can provide valuable protection against a wide range of potential hazards.

Comprehensive coverage typically includes protection against:

• Theft
• Vandalism
• Fire
• Natural disasters (such as hurricanes, tornadoes, or floods)
• Falling objects (like tree branches or hail)
• Damage from animals (such as hitting a deer)

Like collision coverage, comprehensive insurance usually comes with a deductible. Also similar to collision coverage, while it’s not required by law, lenders often require comprehensive coverage for financed or leased vehicles.

Comprehensive coverage can be particularly valuable in Texas, where severe weather events like hailstorms and hurricanes are not uncommon. It provides peace of mind knowing that your vehicle is protected against a wide range of potential damages beyond just accidents.

Uninsured/Underinsured Motorist Coverage (UM/UIM)

Uninsured/Underinsured Motorist coverage, often abbreviated as UM/UIM, is an important type of protection that safeguards you if you’re in an accident with a driver who either has no insurance or doesn’t have enough insurance to cover the damages they’ve caused.

In Texas, insurance companies are required to offer UM/UIM coverage, but drivers can choose to reject it in writing. However, given the number of uninsured drivers on the road, many experts recommend keeping this coverage.

UM/UIM coverage is typically split into two categories:

Uninsured Motorist Bodily Injury (UMBI)

This covers medical expenses, lost wages, and pain and suffering for you and your passengers if you’re hit by an uninsured driver. It can also provide coverage in hit-and-run accidents where the at-fault driver can’t be identified.

Uninsured Motorist Property Damage (UMPD)

This covers damage to your vehicle caused by an uninsured driver. In Texas, this coverage typically has a $250 deductible.

Underinsured motorist coverage works similarly but comes into play when the at-fault driver has some insurance, but not enough to cover all the damages. Your UIM coverage would kick in to cover the difference, up to your policy limits.

UM/UIM coverage can be crucial in protecting you from significant out-of-pocket expenses if you’re involved in an accident with an uninsured or underinsured driver. Given that Texas has one of the highest rates of uninsured drivers in the country, this coverage can provide valuable peace of mind.

Personal Injury Protection (PIP)

Personal Injury Protection, or PIP, is a type of no-fault insurance coverage that pays for medical expenses and lost wages regardless of who was at fault in an accident. In Texas, insurance companies are required to offer PIP coverage, but drivers can reject it in writing.

PIP coverage typically includes:

• Medical expenses: This can cover hospital bills, doctor visits, medications, and even alternative treatments like chiropractic care or acupuncture in some cases.
• Lost wages: If you’re unable to work due to injuries from an auto accident, PIP can help replace a portion of your lost income.
• Essential services: This can cover costs for services you can’t perform due to your injuries, such as house cleaning or child care.
• Funeral expenses: In the unfortunate event of a fatality, PIP can help cover funeral costs.

One of the key advantages of PIP is that it provides immediate coverage without waiting for fault to be determined in an accident. This can be particularly helpful for covering immediate medical expenses or lost wages.

PIP coverage in Texas typically has no deductible and pays up to the limit of the policy, which is often $2,500 by default, though higher limits can be purchased. It’s worth noting that PIP coverage extends to all occupants of your vehicle, not just the policyholder.

While some drivers might consider rejecting PIP to lower their premiums, it’s important to carefully consider the potential financial impact of not having this coverage, especially if you don’t have robust health insurance or disability coverage through your employer.

Medical Payments Coverage (MedPay)

Medical Payments Coverage, often referred to as MedPay, is similar to Personal Injury Protection (PIP) in that it covers medical expenses resulting from an auto accident, regardless of who was at fault. However, there are some key differences between MedPay and PIP.

MedPay typically covers:

• Medical expenses: This includes hospital visits, surgeries, X-rays, professional nursing services, and more.
• Funeral expenses: In the case of a fatal accident, MedPay can help cover funeral costs.

Unlike PIP, MedPay does not cover lost wages or essential services. It focuses solely on medical and funeral expenses. However, MedPay can sometimes offer higher coverage limits than PIP, which can be beneficial if you’re involved in a serious accident with extensive medical costs.

Another key difference is that MedPay can sometimes cover you if you’re injured while in someone else’s car or if you’re struck by a vehicle while walking or cycling. This broader coverage can make MedPay a valuable addition to your insurance policy.

In Texas, MedPay is optional, and many drivers choose between either PIP or MedPay rather than carrying both. The choice often depends

Additional Coverage Options

While the types of coverage we’ve discussed so far form the core of most auto insurance policies in Texas, there are several additional coverage options that can provide extra protection or convenience. These include:

Rental Reimbursement Coverage

This type of coverage helps pay for a rental car if your vehicle is being repaired due to a covered accident. It can be particularly valuable if you rely heavily on your vehicle and don’t have an alternative means of transportation.

Towing and Labor Coverage

Also known as roadside assistance, this coverage can pay for services like towing, battery jumps, flat tire changes, and locksmith services. It can be a convenient addition to your policy, especially if you frequently travel long distances.

Gap Insurance

If you’re financing or leasing a vehicle, gap insurance can be crucial. It covers the difference between what you owe on your car loan and what your car is actually worth if it’s totaled in an accident. This can protect you from having to pay out of pocket if you owe more on your loan than your car is worth.

New Car Replacement Coverage

Some insurers offer this coverage for newer vehicles. If your car is totaled, instead of paying you the depreciated value of your car, the insurer will pay for a brand-new car of the same make and model.

Custom Equipment Coverage

If you’ve made significant modifications to your vehicle, standard insurance policies may not fully cover these upgrades. Custom equipment coverage can protect aftermarket additions like custom stereos, wheels, or other modifications.

Conclusion

Navigating the world of auto insurance in Texas can seem daunting, with numerous coverage types and options available. However, understanding these different types of insurance is crucial for ensuring you have the right protection for your specific needs and circumstances.

From the mandatory liability coverage that forms the foundation of your policy to optional coverages like comprehensive, collision, UM/UIM, PIP, and MedPay, each type of insurance serves a specific purpose in protecting you, your vehicle, and others on the road.

Remember, while Texas law sets minimum requirements for auto insurance, these minimums may not provide adequate protection in all circumstances. It’s important to carefully consider your personal situation, including factors like the value of your vehicle, your assets, your health insurance coverage, and your risk tolerance when deciding on your auto insurance coverage.

Additionally, the auto insurance landscape is not static. Laws can change, and new types of coverage may become available. It’s a good practice to review your auto insurance policy regularly and consult with insurance professionals to ensure your coverage continues to meet your needs. By understanding the types of auto insurance available in Texas, you can make informed decisions about your coverage, balancing protection and cost to create an insurance policy that gives you confidence every time you get behind the wheel.

Signs You May Be Under Investigation: A Lawyer’s Perspective

As criminal defense attorneys at Varghese Summersett, we often have clients who suspect they may be under investigation, even without direct contact from law enforcement. This article will highlight some signs of an ongoing investigation and offer guidance on what to do if you believe you’re being investigated.

What are the signs that you are under investigation by law enforcement or the FBI even if you have not been contacted by them? – Actual search conducted by SEC X hacker before FBI Arrest

Just before being arrested by the FBI, the hacker who took control of the SEC X account, boosting Bitcoin values for a day searched for signs that the FBI might be after him. As a starting point, in the eyes of law enforcement, the search itself is incriminating, although there’s nothing illegal about it. So what is the answer to the question posed? In this article, we’ll use our decades of experience defending criminal allegations (an prosecuting them before that) to answer the question.

Understanding Law Enforcement Investigations

Before discussing the signs, it’s important to understand how investigations work:

Local Law Enforcement

Local agencies usually respond to crimes quickly. However, investigations into financial or computer-related crimes might take longer.

Federal Agencies

Federal agencies like the FBI work more slowly. It can take years before an arrest, even after the investigation has started.

Signs You Are Under Investigation (or Might Be)

1. Arrests or Investigations of Associates

If people you know—whether business partners, friends, or family—are being investigated or arrested, it could be a sign that you’re part of a larger investigation. Law enforcement often works by connecting individuals through their associations, looking at networks to identify suspects or accomplices. For example, if your business associate is being scrutinized for financial misconduct, authorities might believe you were involved or had knowledge of the wrongdoing. Similarly, if people in your personal life are arrested for criminal activities, such as drug offenses or fraud, law enforcement might consider you as part of the same circle. It’s important to pay attention to who around you is being questioned or arrested, as their cases could be linked to you.

2. Internet Service Provider Notification

Another strong indicator of an investigation is receiving a notice from your internet service provider (ISP) stating that they’ve been compelled to release information about your internet usage or online activity. Law enforcement can issue a subpoena to ISPs to gain access to your browsing history, emails, or other internet-based communications. This typically happens when authorities are investigating cybercrimes, such as fraud, hacking, or illegal downloads, but it could also occur in cases involving financial crimes or other activities where digital evidence is relevant. If you receive such a notification, it’s a clear signal that you’re under scrutiny for what you’ve been doing online, and you should immediately seek legal advice.

3. Search of Business or Property

A search of your business or property is one of the most direct signs that you’re under investigation. Law enforcement usually obtains a search warrant only after gathering substantial evidence, which indicates a high level of interest in your activities. If agents show up with a search warrant, it means they believe there’s probable cause that evidence of a crime may be found at the location. This can involve not only physical searches of your premises but also searches of electronic devices, computers, and storage systems. Such searches are not conducted lightly and suggest that law enforcement is already deep into the investigation process. It is important to stay calm, ask to see the warrant, and contact an attorney immediately.

4. Frozen Bank Accounts

If your bank accounts are suddenly frozen without explanation, it may be a sign that law enforcement is conducting a financial investigation. Freezing assets is a common tactic used to prevent suspects from transferring or hiding money during the investigation process. This can happen in cases involving fraud, money laundering, tax evasion, or other financial crimes. A frozen account is not just an inconvenience; it means that investigators are likely gathering evidence of illegal financial activities and are taking steps to secure funds they believe are connected to a crime. It’s crucial to speak to an attorney to understand why the freeze occurred and to take appropriate action to protect your financial rights.

5. Child Protective Services (CPS) Involvement

Sometimes, CPS may get involved if there are allegations related to child welfare, which can indirectly be part of a larger criminal investigation. For instance, if you’re suspected of drug activity, domestic violence, or other crimes that could affect your children, CPS may visit your home or contact your children at school. While CPS investigations are not always linked to criminal investigations, they can sometimes overlap. If law enforcement suspects that your activities may put children at risk, they might coordinate with CPS to investigate further. If CPS shows up unexpectedly or if your children are questioned about your household or activities, it’s a red flag that authorities are taking an interest in your family, possibly as part of a broader investigation.

6. Surveillance

Increased surveillance is another key sign that you may be under investigation. Law enforcement often uses surveillance techniques to gather evidence without making direct contact. You might notice unfamiliar vehicles parked near your home or business, strange individuals loitering, or cameras being set up in your area, sometimes attached to utility poles or other high points. Such surveillance can be conducted over an extended period to monitor your movements, interactions, and behavior. Investigators may be looking for patterns or waiting to collect enough evidence before making a move. If you suspect that you’re being watched, it’s important not to confront anyone directly but to document the activity and contact a lawyer.

Federal law enforcement agencies are known to conduct early morning raids, usually between 5 and 6 a.m. These raids are designed to catch suspects off guard when they are least likely to be prepared. Such operations are often executed in cases involving drugs, weapons, or other serious crimes, and they aim to gather evidence or make arrests before suspects can hide incriminating material. If you are the target of such a raid, it indicates that law enforcement has collected enough evidence to take immediate action. These raids are often well-planned and involve multiple officers. If this happens to you, it’s important to remain calm, follow instructions, and contact a criminal defense attorney as soon as possible.

7. Grand Jury Subpoena

Receiving a grand jury subpoena means that you’re officially involved in an investigation, either as a witness or as a potential suspect. Grand juries are convened to determine whether there is enough evidence to bring criminal charges against someone. If you receive a subpoena to testify or provide documents, it’s a sign that the investigation has advanced to a formal stage. While you may not yet be charged, the fact that you are being asked to participate indicates that law enforcement is gathering key evidence, and your testimony or documents could play a crucial role. It’s essential to consult with an attorney before responding to the subpoena to ensure your rights are protected and that you avoid self-incrimination.

8. Target Letter

A target letter from the U.S. Attorney’s Office is an explicit indication that you are under federal investigation and are considered a potential defendant in a criminal case. These letters are typically sent when federal prosecutors believe they have enough evidence to charge you but may offer you a chance to cooperate before formal charges are filed. Receiving a target letter should never be taken lightly—it means that federal authorities view you as someone who may soon face criminal charges. If you receive a target letter, contact an attorney immediately. It may be possible to negotiate with prosecutors at this stage or to start preparing a defense.

9. Interviews with Friends and Family

Law enforcement may start interviewing your friends, family, or colleagues to gather information about your activities. If people close to you are being contacted by investigators, it’s a sign that you are under scrutiny. These interviews are often conducted to collect background information, corroborate other evidence, or build a case against you. While it may be tempting to discuss the situation with those who have been interviewed, it’s important to remember that conversations about an ongoing investigation could be used against you. Instead, you should encourage your friends and family to seek legal advice and refrain from discussing the case without an attorney present.

What to Do If You Suspect You’re Under Investigation

1. Stay Calm

It’s natural to feel anxious if you suspect you’re under investigation, but it’s crucial to remain calm and avoid panicking. Panic can lead to impulsive decisions that could harm your situation. Staying composed will allow you to think more clearly and take appropriate steps to protect yourself. Begin by quietly gathering information about the investigation without interfering or drawing attention to yourself. This may include noticing any signs of surveillance, monitoring communication from law enforcement, or identifying any associates who may be involved. The key is to stay level-headed and act with caution.

2. Remain Silent

One of the most important rights you have is the right to remain silent. Under the Fifth Amendment, you are not required to speak to law enforcement, and it’s usually in your best interest not to. Anything you say can be used against you later, so it’s wise to avoid making any statements without a lawyer present. Even seemingly harmless conversations can be twisted to fit a narrative or suggest guilt. If law enforcement approaches you, calmly state that you are invoking your right to remain silent and that you wish to have an attorney present before answering any questions. This is a critical step in protecting your legal interests.

3. Stay Off Social Media

While it might be tempting to vent or share your experiences online, avoid posting anything on social media. Investigators often monitor social media platforms, and posts, comments, or interactions can easily be misconstrued or used as evidence. Even if you think your posts are private, they can be subpoenaed and brought into the investigation. In addition, posts that appear irrelevant to the investigation can still provide clues about your location, behavior, or associations. It’s best to temporarily pause any social media activity until you have spoken with an attorney and understand the full scope of the investigation.

4. Require a Search Warrant

If law enforcement shows up at your home, business, or property and asks to conduct a search, you are not obligated to allow them to do so unless they present a valid search warrant. Politely but firmly ask to see the warrant before allowing any searches. If they don’t have one, you are within your rights to refuse the search. A search warrant is a legal document issued by a judge that gives law enforcement permission to search specific areas for particular items. Without one, you can and should withhold consent to protect your privacy and legal rights. Always request a copy of the warrant for your records and immediately contact your attorney.

5. Know Your Rights

Familiarizing yourself with your legal rights is one of the best ways to protect yourself during an investigation. Knowing your rights in different situations—such as during searches, arrests, or questioning—can prevent you from inadvertently waiving them. For example, you are not required to consent to a search without a warrant, and you can refuse to answer questions without a lawyer present. Understanding your constitutional rights and the limits of law enforcement’s power will help you avoid making costly mistakes. Your attorney can provide detailed guidance on what rights apply to your specific situation.

6. Document Everything

It’s essential to keep detailed records of anything related to the investigation. Document any unusual occurrences, communications from law enforcement, or other suspicious activities. This includes dates, times, and descriptions of events, such as if someone approaches you with questions or if you notice increased surveillance. Keeping a log of these incidents will be valuable for your defense, as it can provide your attorney with a clearer picture of the investigation and help refute claims. Written records are more reliable than memory, and they can serve as crucial evidence if you need to challenge any part of the investigation later on. If you want to protect your writings, make it a letter to your attorney. Start the document off with “Dear Attorney,” to invoke your attorney-client privilege.

7. Be Discreet

One of the most important things to remember is to remain discreet and avoid discussing the investigation with anyone other than your attorney. Conversations with friends, family, or colleagues are not protected under attorney-client privilege, which means that anything you say can be subpoenaed and used against you. Even well-meaning friends could accidentally reveal details that hurt your case. To avoid any misunderstandings or leaks of information, limit discussions about the investigation to your legal counsel, who is bound by confidentiality and can offer you sound advice without jeopardizing your defense.

8. Prepare for Possible Outcomes

While you should always remain hopeful for a positive resolution, it’s wise to prepare for a variety of potential outcomes. This means considering what might happen if the investigation leads to formal charges or an arrest. You should make arrangements for your personal and professional responsibilities, such as childcare, business management, or financial affairs, in case you are taken into custody or required to devote significant time to your defense. Being prepared for the worst while hoping for the best ensures that you’re not caught off guard and helps you maintain stability in your life during an uncertain time.

The Importance of Legal Representation

If you believe you are under investigation, contacting a criminal defense attorney as early as possible is crucial. An attorney can provide critical advice, guide you through the investigation process, and protect your rights. A skilled lawyer will know how to communicate with law enforcement on your behalf, negotiate with prosecutors to avoid or minimize charges, and develop a defense strategy that aligns with your best interests. Without legal representation, you may unknowingly make mistakes that could worsen your situation. A strong defense begins with understanding your rights and having an experienced advocate by your side.

Conclusion

Being investigated by law enforcement can be overwhelming, but recognizing the signs and taking action can help protect your rights. If you notice any signs of an investigation, seek legal counsel immediately. At Varghese Summersett, we can help you through this challenging process and work toward the best outcome for your case.