Jason Kelce — former NFL star, ESPN analyst, and podcast sensation — is used to going viral, but last weekend, it was completely unexpected and unscripted. In a video widely distributed on social media, Kelce can be seen smashing a man’s phone outside Penn State’s Beaver Stadium after he shouted a homophobic slur about his brother, Travis, dating pop sensation Taylor Swift.

This incident has raised questions: Could Kelce face legal consequences? What about the heckler who incited him? In this article, the criminal defense attorneys at Varghese Summersett break down the potential legal implications, which depend on several factors, including the laws in Pennsylvania and whether law enforcement chooses to get involved.

Jason Kelce Confronts Fan Over Slur

Jason Kelce, former Philadelphia Eagles center, was involved in a heated altercation with a fan outside Beaver Stadium at Penn State University on Saturday, November 2, 2024. Kelce was walking through a crowd of fans while carrying a case of beer when a man in the background shouted a homophobic slur, targeting Kelce’s brother Travis and his relationship with pop star Taylor Swift. In response, Kelce turned around, grabbed the man’s phone, and forcefully smashed it on the ground.

The confrontation didn’t end there. After destroying the phone, Kelce picked it up and walked away. Another video angle shows the man, wearing a Penn State sweatshirt, chasing after Kelce and demanding the return of his phone. Witnesses reported that Kelce then repeated the slur back to the man, escalating the verbal exchange.

This incident occurred while Kelce was in State College for an appearance on ESPN’s “College GameDay” ahead of the Penn State versus Ohio State football game.

Potential Charges for Jason Kelce?

If Jason Kelce were to face criminal charges—which is a very big IF—they would fall under Pennsylvania law. Here’s a look at potential charges that could stem from the incident, with the most likely charge being criminal mischief or disorderly conduct.

Criminal Mischief

Under Pennsylvania Law, specifically Title 18, Section 3304, Kelce’s actions could be classified as criminal mischief. A person is guilty of criminal mischief if he or she:

1) Intentionally, recklessly, or negligently damage the tangible property of another using fire, explosives, or other dangerous means.
2) Intentionally or recklessly tamper with the tangible property of another in a way that endangers the person or property.
3) Intentionally or recklessly cause another to suffer pecuniary loss by deception or threat.
4) Intentionally deface or damage tangible public property or tangible property of another with graffiti using aerosol spray-paint, broad-tipped indelible markers, or similar devices.
5) Intentionally damage real or personal property of another.
6) Intentionally deface personal, private, or public property by discharging a paintball gun or paintball marker at that property.

The severity of the charge depends on the value of the damaged property. If the phone’s value is between $500 and $1,000—for a typical smartphone—it could be considered a third-degree misdemeanor, punishable by up to a year in jail and a maximum $2,500 fine.

In Texas, which is where we practice, criminal mischief is punished about as the same as in Pennsylvania.

Disorderly Conduct

According to Pennsylvania law (18 Pa.C.S. § 5503), a person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, they:

1) Engage in fighting or threatening, or in violent or tumultuous behavior;
2) Make unreasonable noise;
3) Use obscene language or make an obscene gesture;
4) Create a hazardous or physically offensive condition by any act which serves no legitimate purpose;

Kelce’s act of smashing the fan’s phone could be seen as “violent or tumultuous behavior” in a public setting.  The incident likely caused public inconvenience or alarm, given that it occurred in a crowded area outside a stadium. It’s interesting to note that the heckler could also potentially face a charge of disorderly conduct.

Disorderly conduct is typically a summary offense in Pennsylvania, punishable by up to 90 days in jail and a $300 fine. In Texas, which is where are criminal defense team practices, disorderly conduct is also usually a ticket, punishable by a $500 fine.

Assault

It has been suggested that Kelce could possibly face assault charges, but we believe that is unlikely. Here’s why:

• No physical contact: The incident involved Kelce grabbing and smashing the fan’s phone, but there are no reports of him physically attacking or threatening the fan directly. Assault typically requires either causing bodily injury or attempting/threatening to cause bodily injury.
• Focus on property damage: The actions described align more closely with criminal mischief or property damage rather than assault. Kelce damaged the fan’s property (the phone) but did not appear to physically harm the person.
• Provocation: The incident was provoked by the fan’s use of a homophobic slur, which could be seen as a mitigating factor.
• Lack of intent to harm: Kelce’s actions seem to have been an impulsive response to an offensive comment rather than an intentional attempt to cause physical harm to the fan.

Theft

By taking the phone after damaging it, Kelce’s actions could be construed as theft, though this would depend on his intent and how long he kept it. Our criminal defense team thinks it would be a stretch to charge Kelce with theft. Here’s why:

• Intent: Theft typically requires intent to permanently deprive the owner of their property. In this case, Kelce’s actions seem more impulsive and reactive rather than a planned attempt to steal the phone.
• Duration of possession: Kelce only briefly had possession of the phone after smashing it. One video shows the man chasing after Kelce to get his phone back, suggesting Kelce did not intend to keep it.
• Context: The incident occurred as a reaction to a provocative and offensive comment, not as an attempt to acquire someone else’s property.
• Focus on damage: The primary issue here is the damage to the phone, which aligns more closely with criminal mischief or property damage charges rather than theft.
• Lack of financial motive: There’s no indication that Kelce was trying to gain financially from taking the phone, which is often a component of theft charges.

Could The Heckler Pursue a Civil Suit for the Penn State Gam Altercation?

Beyond criminal consequences, it’s possible that the fan whose phone was broke could seek civil damages. In a civil lawsuit, the fan would not need to prove intent but only that Kelce’s actions led to their financial loss.

This could result in a demand for compensation for the phone’s replacement cost, and possibly, additional damages for emotional distress, depending on the circumstances. But it is likely? That’s a lot of work for a phone, but there is a lot of publicity surrounding the incident.

Because of the low value of the damages, the case might be more suitable for a small claims court. Also, the heckler’s use of a homophobic slur could be seen as provocation, which might affect how the court views the case.

So, while the heckler could technically pursue a civil case for property damage, the specific circumstances of the incident, including the heckler’s own behavior, could make such a case challenging. Additionally, the potential negative publicity and relatively low value of damages might discourage the heckler from pursuing legal action. Ultimately, the decision to file a lawsuit would depend on the heckler’s willingness to pursue the matter and their assessment of the potential costs and benefits of legal action.

Is Restitution an Option for the Smashed Phone?

Many property damage cases are resolved through restitution. If Kelce offers to compensate the fan by paying for the phone’s replacement, it might satisfy the fan and law enforcement, leading to a quick resolution without court involvement. In fact, informal settlements are common for property disputes and can prevent lengthy legal battles.

Could Kelce’s Heckler Face Legal Ramifications?

The heckler who used a homophobic slur against Jason Kelce’s brother could potentially face some legal ramifications, though it’s unlikely. Some possibilities could include disorderly conduct or harassment, but it’s unlikely that charges would be pursued unless the heckler has a history of similar behavior or if they continued to harass or threaten Kelce’s family.

Ultimately, it is up to law enforcement and prosecutors to decide if any legal action will be taken against the heckler or Kelce. However, this incident serves as a reminder for individuals to think before they speak and consider the consequences of their words. Derogatory language can not only lead to personal confrontations but also potential legal consequences.

Likelihood of Legal Action for Kelce-Fan Clash

While many viewed Kelce’s actions as inappropriate, there’s no clear indication that criminal or civil actions will be taken. Here’s why:

• The fan who used the slur may be hesitant to pursue charges, given their own behavior.
• Law enforcement may choose not to pursue charges, especially if the fan doesn’t press the issue.
• The incident might be resolved privately, with Kelce potentially offering to replace the damaged phone.

It’s worth noting that even if legal consequences are avoided, Kelce could face other repercussions, such as public criticism or potential disciplinary action from his employers or endorsements, depending on their policies. The situation is still developing, and the ultimate outcome will depend on various factors, including whether the affected individual chooses to pursue legal action and how local authorities decide to handle the incident.

Jason Kelce’s Speaks Out after Phone Smashing Incident

On Monday night, Kelce expressed regret for his actions on ESPN’s “Monday Night Countdown,” stating, “I’m not happy with anything that took place. I’m not proud of it”

He acknowledged that in a moment of anger, he reacted to hostility with more hostility, saying, “I chose to greet hate with hate, and I just don’t think that’s a productive thing” Kelce emphasized the importance of treating others with respect and common decency, reflecting on how he fell short of that standard during the incident.

Kelce’s apology came after footage of the confrontation went viral, showing him smashing the phone to the ground before walking away. He noted that he aims to live by the “golden rule” and regretted not adhering to that principle in this instance.

Takeaways from Phone-Smashing Altercation

While property damage laws vary, and circumstances can make a significant difference, high-profile incidents like this one often attract legal scrutiny. Whether Jason Kelce faces legal trouble depends on various factors, including the fan’s response, the nature of the incident, and any mitigating steps Kelce might take to resolve the situation.

This case reminds us that even minor actions can lead to unexpected legal consequences. If you or someone you know is facing charges stemming from an altercation at a Texas football game, consulting an experienced criminal defense attorney can make all the difference in navigating the legal process and protecting your rights. We handle cases in Fort Worth, Dallas, and Houston. Call 817-202-2220.

Menendez Brothers: The Past and Future

The Menendez brothers case has captivated America for over three decades. In 1989, Lyle and Erik Menendez shocked the nation when they murdered their wealthy parents in their Beverly Hills mansion. Today, in 2024, the Menendez brothers are making headlines again as they face the possibility of release from prison.

Who Are the Menendez Brothers?

Lyle Menendez, now 56, and Erik Menendez, 53, were once privileged sons of a successful entertainment executive. On August 20, 1989, they fatally shot their parents, Jose and Kitty Menendez, in their Beverly Hills home. The Menendez brothers initially claimed they discovered their parents’ bodies after returning from a movie, but their lavish spending following the murders – approximately $700,000 in six months – raised investigators’ suspicions.

Initial Investigations of the Menendez Brothers

The crime initially appeared to be a mafia hit due to its brutality. When Lyle, then 21, and Erik, 18, called 911 reporting they had found their parents dead upon returning home from a movie, investigators initially accepted their story. The brothers appeared to be grieving sons from a privileged background, and their behavior in the immediate aftermath of discovering their parents seemed genuine to first responders.

Suspicion and Arrest

However, in the months following the murders, suspicions grew. The brothers embarked on an extravagant spending spree, using their inheritance to purchase luxury cars, expensive watches, and even a restaurant. This behavior, coupled with inconsistencies in their stories, led to their arrests in March 1990. What followed would become one of the most watched and controversial trials of the 1990s, with competing narratives that would divide public opinion for decades to come.

A Tale of Two Narratives

The prosecution painted a picture of privileged young men driven by greed and impatience for their $14 million inheritance. They portrayed the brothers as coldly calculating killers who methodically planned their parents’ murders, purchasing shotguns and crafting alibis before executing their plan. The spending spree that followed – approximately $700,000 in the first six months after the murders – seemed to support this narrative of financial motivation.

The defense, however, told a dramatically different story. The brothers admitted to the killings but claimed they acted in self-defense after years of physical, emotional, and sexual abuse. Through emotional testimony, both brothers described a household dominated by fear and trauma. Lyle testified that his father had sexually abused him starting at age 7, while Erik detailed ongoing abuse that had left both brothers terrified for their lives. They claimed they had confronted their parents about the abuse, leading to an increasingly hostile environment that made them believe their parents were planning to kill them.

The case went through two trials. The first, in 1993-1994, ended in hung juries for both brothers, highlighting the deeply divided public opinion about their guilt and the role of their alleged abuse. The second trial in 1995-1996 resulted in their conviction for first-degree murder, with both brothers receiving life sentences without the possibility of parole.

The Menendez Brothers Behind Bars

The brothers’ path through the prison system has been marked by both hardship and transformation. Initially, they were deliberately separated, with Lyle being sent to Mule Creek State Prison in Ione, California, while Erik was placed at Richard J. Donovan Correctional Facility. The separation was so difficult that Erik went on a hunger strike in an attempt to keep them together.

Erik’s Life in Prison

Erik, now 53, married his longtime pen pal Tammi Ruth Saccoman in 1999. Through this marriage, he gained a stepdaughter, Talia. Erik has developed his artistic abilities during his incarceration, even gifting one of his paintings to comedian Kathy Griffin. He has also been involved in various prison reform initiatives.

Lyle’s Life in Prison

Lyle, now 56, has been married twice while in prison. His first marriage to Anna Eriksson lasted from 1996 to 2001, and he married Rebecca Sneed in 2003, a relationship he describes as bringing him stability and joy despite the challenging prison environment. Before his transfer, Lyle served as president of the inmate government at Mule Creek State Prison and has been active in support groups for prisoners who experienced sexual abuse.

Disciplinary Records

According to the recently released 57-page court motion from the Los Angeles District Attorney’s office, both brothers have maintained relatively clean disciplinary records during their three decades of incarceration. Their few infractions have been minor:

• Both brothers were once cited for possessing a mobile phone in a shared cell
• Erik had two fights, one in 1997 and another in 2011
• Lyle had no fights and was actually moved to a “special needs” area in 1997 because he refused to fight back when attacked
• Lyle’s only other violations were possession of a lighter in 2013 and receiving unauthorized Adidas sneakers from a visitor in 1998

Where Are the Menendez Brothers Now?

Currently, both Menendez brothers are incarcerated at Richard J. Donovan Correctional Facility in San Diego County, California. After spending over 20 years in separate prisons, the Menendez brothers reunited in 2018 when Lyle was transferred to Erik’s facility. Their emotional reunion, where they burst into tears and Lyle whispered “Finally,” marked a turning point in their incarceration.

Despite their circumstances, both Menendez brothers have built lives within the prison system:

• Erik Menendez married Tammi Ruth Saccoman in 1999 and has a stepdaughter
• Lyle Menendez has been married twice: to Anna Eriksson (1996-2001) and currently to Rebecca Sneed (since 2003)
• Both Menendez brothers have maintained nearly spotless disciplinary records
• The Menendez brothers have created programs to help fellow inmates dealing with trauma and disabilities

Why Are the Menendez Brothers in the News Again?

In October 2024, Los Angeles County District Attorney George Gascón filed a 57-page motion recommending resentencing for the Menendez brothers. This unprecedented development comes after new evidence supporting the brothers’ abuse claims emerged, including:

• A previously undiscovered letter from Erik Menendez to his cousin, written months before the murders, detailing abuse
• Testimony from a former Menudo band member alleging abuse by Jose Menendez
• Multiple family members corroborating accounts of household dysfunction

The future for the Menendez brothers now holds more possibility than it has in decades. In October 2024, Los Angeles County District Attorney George Gascón recommended that both brothers be resentenced, potentially opening a path to their release. This recommendation was based on several factors:

1. Their exemplary behavior in prison
2. Significant rehabilitation efforts
3. New evidence supporting their abuse claims
4. Changed societal understanding of trauma and abuse
5. Their young age at the time of the crimes

Will the Menendez Brothers Be Released?

The potential release of the Menendez brothers depends on several crucial steps:

1. A judge must approve the resentencing recommendation within 30-45 days
2. If approved, the Menendez brothers would become immediately eligible for parole consideration
3. The California parole board must evaluate their risk to society
4. Governor Gavin Newsom would have final authority over their release

District Attorney Gascón believes the Menendez brothers have strong prospects for parole, citing their exemplary behavior during their 35-year imprisonment. “What they did was horrible,” Gascón told CNN, “but I think they’re different people today, and we base our opinion on the last 35 years of behavior.”

What is the Liklihood the Menendez Brothers Get Out of Prison?

The possibility of the Menendez brothers’ release depends on a series of legal steps that must unfold successfully:

First, a judge must approve the district attorney’s resentencing recommendation at a hearing expected to take place within 30-45 days. This hearing will likely be contentious, as Gascón has acknowledged that even within his own office, there are differing opinions about the case.

If resentencing is approved, the brothers would become immediately eligible for parole consideration under California law, due to their ages at the time of the crimes (21 and 18). The state parole board would then need to evaluate whether they pose any risk to society if released.

Even with parole board approval, Governor Gavin Newsom would have 150 days to review the case and make a final decision. The governor has the authority to approve or deny their release regardless of the parole board’s recommendation.

While their attorney, Mark Geragos, has expressed hope for their release by Thanksgiving 2024, legal experts consider this timeline optimistic. Neama Rahmani, a criminal defense attorney and former federal prosecutor, describes their situation as a “perfect storm of PR and politics” that gives them a real chance at freedom, but cautions that the process could extend well into 2025.

The district attorney himself believes there is a strong possibility the brothers will be paroled, citing their conduct over the last three decades. “What they did was horrible. They premeditated the murder of their parents and killed them,” Gascón told CNN. “But I think they’re different people today, and we base our opinion on the last 35 years of behavior.”

The Menendez Brothers’ Prison Record

The district attorney’s motion reveals impressive rehabilitation efforts by both Menendez brothers:

• Lyle Menendez served as president of inmate government and helped close an entire discipline dorm through his leadership
• Erik Menendez developed artistic skills and participated in prison reform initiatives
• Both Menendez brothers created support programs for inmates dealing with trauma
• Their few infractions have been minor, such as possession of a cell phone

Rehabilitation Efforts

The brothers’ supporters point to their extensive rehabilitation efforts, including creating programs for fellow inmates dealing with trauma and helping disabled prisoners. The district attorney’s motion emphasizes that these efforts were made “without any expectation or hope of ever being released.”

Cultural Impact of the Menendez Brothers Case

The Menendez brothers’ story continues to resonate with new generations through recent media coverage:

• Netflix’s “Monsters: The Lyle and Erik Menendez Story”
• “The Menendez Brothers” documentary
• Peacock’s “Menendez + Menudo: Boys Betrayed”
• Support from celebrities including Kim Kardashian and Rosie O’Donnell

What’s Next for the Menendez Brothers?

While their attorney Mark Geragos hopes for the Menendez brothers’ release by late 2024, legal experts suggest the process could extend into 2025. The case has become a landmark example of how the justice system handles new evidence in decades-old cases and reflects changing societal perspectives on trauma and abuse.

The Menendez brothers’ future remains uncertain, but their case continues to raise important questions about justice, rehabilitation, and redemption. Their story has evolved from a sensational murder case to a complex narrative about intergenerational trauma, the possibility of change, and the purpose of incarceration in American society.

Whether the Menendez brothers ultimately gain freedom or remain in prison, their case has already left an indelible mark on America’s legal and cultural landscape. As society’s understanding of trauma and abuse continues to evolve, the Menendez brothers’ story serves as a crucial reference point in ongoing discussions about criminal justice reform and the possibility of rehabilitation.

Auto Insurance in Texas: A Comprehensive Guide

Introduction

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.

The Texas Farm Animals Liability Act (FALA)

The Texas Farm Animals Liability Act (FALA) limits the liability of farm animal owners when someone is injured while participating in activities involving animals like horses, cattle, or livestock. If you’re injured on a farm, FALA keeps the owner from being held responsible for your injuries, especially if the injury happened due to inherent risks involved in dealing with farm animals, such as unpredictable behavior. That does not mean that farmers are insulated from all claims arising from injuries caused by farm animals. In this article, our Texas personal injury lawyers discuss the limitations of FALA and what you should do if you were injured on a farm in Texas.

Who is a “Participant” under FALA?

The limitation of liability pertains to injuries or death sustained by a “participant.” According to Section 87.001, a participant is:

1. For farm animal activities:  Anyone who engages in the activity, regardless of their status. This means it doesn’t matter if they are an amateur or professional, if they paid for the activity or are doing it for free, or if they are an independent contractor or employee. The key point is that they are actively involved in the farm animal activity.
2. For livestock shows: There are two categories of participants:
   • A person who registers for and is allowed by the livestock show sponsor to compete in the show by showing an animal on a competitive basis.
   • A person who assists the competitor described above.

In essence, the definition is quite broad for farm animal activities, encompassing anyone involved regardless of their skill level, payment status, or employment relationship. For livestock shows, it’s more specific, focusing on the actual competitors and their direct assistants.

Definition of “Inherent Risks”

According to Texas Civil Practice and Remedies Code § 87.003, an inherent risk refers to dangers or conditions that are an integral part of activities involving farm animals, livestock shows, or farm operations. These risks are considered inherent because they are naturally occurring or unavoidable aspects of dealing with animals and farm environments. The law specifically outlines several categories of inherent risks:

1. Animal behavior: This includes the natural tendency of farm animals or livestock to act in ways that could cause injury or death to people handling them or in their vicinity.
2. Unpredictable reactions: Animals may react unpredictably to various stimuli such as sounds, sudden movements, or unfamiliar objects, people, or other animals.
3. Environmental factors: For activities involving equine animals, this includes certain land conditions and hazards, including surface and subsurface conditions.
4. Collisions: The risk of colliding with another animal or an object during these activities.
5. Participant behavior: This includes the potential for participants to act negligently, such as losing control of an animal or engaging in activities beyond their skill level, which could lead to injury to themselves or others.

The law considers these risks to be an inherent part of farm animal activities, livestock shows, and farm operations. As such, it limits the liability of various parties (including farm animal activity sponsors, professionals, owners, livestock producers, and show sponsors) for injuries, deaths, or property damage resulting from these inherent risks.

Required Warning Signs for FALA Protection

To qualify for protections under Texas Civil Practice and Remedies Code § 87.005, warning signs must be placed in visible locations where farm animal activities are conducted. The sign should read:

“WARNING: UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL OR FARM OR RANCH OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES, INCLUDING AN EMPLOYEE OR INDEPENDENT CONTRACTOR, RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.”

Failure to display this sign can result in loss of liability protection under the Act.

The law requires farm animal professionals, farm owners, or lessees to post warning signs if they manage or control a farm, stable, corral, or arena where farm animal activities occur. These signs must be placed in clearly visible locations on or near the relevant facilities.

Additionally, the same warning that appears on the signs must be included in all written contracts. This applies to contracts for professional services, instruction, or the rental of equipment, tack, or farm animals. The warning must be included in contracts with participants, employees, and independent contractors. It’s important to note that this contract requirement applies regardless of whether the farm animal activities take place at the business location or elsewhere. The law specifies that the warning in these contracts must be clearly readable.

The purpose of these requirements is to ensure that people are aware of the risks associated with farm animal activities, whether they encounter this information on physical signs at the location or in written agreements. This consistent warning helps protect the farm animal professionals, owners, and lessees from liability by demonstrating that participants were informed of the inherent risks.

Exceptions to Texas Farm Animals Liability Act Protections

There are statutory exceptions to FALA, which is not to say these are the only exceptions, but that these are ones the legislature called out in Section 87.004 as not having FALA protection. These are the exceptions:

• Faulty equipment: If someone provides faulty equipment or tack (riding gear), and they knew or should have known it was faulty, they can be held liable if it causes an injury or death.
• Improper participant screening: If someone provides an animal but doesn’t make a reasonable effort to check if the participant can safely handle the animal or activity, they can be held liable. This is based on what the participant tells them about their abilities.
• Hidden dangers on the property: If there’s a dangerous condition on the land that’s not obvious, and the property owner/controller doesn’t post clear warning signs or tell participants about it, they can be held liable if it causes injury or death.
• Reckless behavior: If someone acts with extreme carelessness (willful or wanton disregard) for participant safety, and this causes an injury, they can be held liable.
• Intentional harm: If someone intentionally causes damage, injury, or death, they can be held liable.
• Livestock show special case: For livestock shows, if someone invites or allows a non-participant (as defined by law) to join in an activity connected to the show, and that person gets injured or killed, the organizer can be held liable.

These exceptions are designed to ensure that while providers of farm animal activities and livestock shows have some protection from liability for inherent risks, they still have a responsibility to maintain basic safety standards and act responsibly.

FALA Protections Strengthened in 2021

The Texas Farm Animals Liability Act, codified in Chapter 87 of the Texas Civil Practice and Remedies Code, has undergone significant modifications since its inception. The most recent changes came with House Bill 365, signed by Governor Abbott on June 6, 2021, and effective from September 1, 2021. These changes have important implications for farm animal professionals and ranch owners.

Key Changes from the 2021 Amendments

• Expanded activity descriptions
• Broadened definition of “farm animal professional”
• Modified definition of “farm animal”
• Updated required warning signage
• Extended protection to employees and independent contractors
• Clarified the Act’s relationship with workers’ compensation

These changes ensure broader protections for ranch activities, including veterinary practices. Honeybees kept in managed colonies are now included in the definition of “farm animals.”

Waak v. Rodriguez and Its Impact

The case of Waak v. Rodriguez (603 S.W.3d 103) influenced the 2021 amendments to FALA. The Texas Supreme Court ruled that ranchers and ranch hands engaged in daily ranch activities were not covered by FALA. In response, House Bill 365 expanded the definition of farm animal activities to include many common ranch tasks, ensuring broader protections for ranch hands, veterinarians, and others.

Who Does FALA Protect?

The 2021 amendments expanded protection under FALA to include:

• Farm animal professionals (instructors, veterinarians, farriers)
• Farm and ranch owners or lessees
• Employees and independent contractors
• Sponsors of farm animal activities
• Any person or entity providing land for farm animal activities

Protection is Not Automatic

FALA’s liability protection requires compliance with specific requirements:

• Posting proper warning signs
• Ensuring participant safety and awareness of land hazards
• Maintaining equipment and facilities in good condition
• Avoiding gross negligence or misconduct

Failure to meet these requirements can result in loss of FALA’s liability protections.

Contact Us if You’ve Been Injured by a Farm Animal in Texas

If you’re involved in farm animal activities, compliance with FALA is crucial. The attorneys at Varghese Summersett are well-versed in the Texas Farm Animals Liability Act and can provide legal guidance to help ensure your protection under the law. Contact us today at 817-203-2220 to schedule a consultation and safeguard your legal rights.