J. Mark Howell Attorney at Law, P.C.Decatur Lawyers | Criminal Defense and Divorce Attorneys2026-03-10T10:16:51Zhttps://www.markhowellattorney.com/feed/atom/WordPress/wp-content/uploads/sites/1302674/2022/05/jmarklogo1site-icon2-75x75.jpgOn Behalf of J. Mark Howell Attorney at Law, P.C.<![CDATA[Infidelity in a Texas divorce]]>https://www.markhowellattorney.com/?p=480012024-03-18T07:31:28Z2024-03-18T07:31:28ZUnderstanding infidelity in divorce cases
Adultery or infidelity is a delicate matter that can have a significant impact on your life. This is because it is commonly invoked as grounds in at-fault divorces. Yet, it's not easy to leverage it as a factor or cause of a divorce. The affected party must have strong evidence to prove their spouse was unfaithful. A suitable advisor ensures the consideration of all legal alternatives.
Property division
Texas follows community property rules in divorce property division. This rule states that the assets acquired during the marriage are joint properties. Hence, it should be equally shared among both parties. When adultery enters the picture, the dynamics change. Proving your spouse used joint assets for adultery may increase your share.
Spousal support
To receive spousal support, you must meet the complex criteria set out by the Texas Family Code. The criteria lie in your ability to earn enough income to meet your least reasonable needs. But, if there's a mention of infidelity, the judge could adjust the spousal support margin. For instance, your spouse may have overspent community property on an extramarital affair. Hence, the court might increase the amount and duration of spousal support awarded.
Child custody
One of the critical issues affected by adultery in any divorce case is child custody. If your spouse's actions harm the children in any way, the court may favor you.
Emotional and psychological readiness is crucial in any adultery-centered divorce case. Extramarital affairs can affect many aspects of your life if you're not ready to face the truth. Hence, no matter the outcome, always remember you are responsible for your well-being.]]>On Behalf of J. Mark Howell Attorney at Law, P.C.<![CDATA[Why divorce can be harder at an older age]]>https://www.markhowellattorney.com/?p=479992024-01-16T04:12:00Z2024-01-16T04:12:00ZWhy asset division can be complicated
Older individuals are more likely to have a home, a retirement fund and other assets that take time to acquire or accumulate. Therefore, divorce settlement talks may be more contentious as neither side wants to lose out on their ability to retire at some point in the future. Furthermore, as time passes, it may be harder to determine if an asset is separate or joint property, which can further complicate settlement talks.
Divorce can impact adult children
While you may grapple over how to keep assets in the family, your children may be dealing with a multitude of emotions upon learning of your divorce. For example, they may face the prospect of having to host separate holiday dinners or the task of explaining to their children why they can't see grandma or grandpa as much anymore.
You may struggle to recover
Separating from your spouse after years or decades of marriage likely constitutes a big change in your life. In addition to recovering from the financial damage of a divorce, you may also need months or years to recover from the emotional damage it can cause. If you were the lower earning spouse in the relationship, you may be entitled to alimony, and depending on the length of the marriage, those payments may be permanent.
Although a divorce can be a traumatic event regardless of why it happens, there are steps that you can take to minimize the damage. Tax records, bank statements and other documents may help you obtain the financial and tangible resources needed to survive on your own.]]>On Behalf of J. Mark Howell Attorney at Law, P.C.<![CDATA[Will I lose my license after a DWI?]]>https://www.markhowellattorney.com/?p=479972023-11-15T05:24:26Z2023-11-15T05:24:26ZDriving while intoxicated explained
A driver can be charged with driving while intoxicated (DWI) if they are found operating a vehicle in public while intoxicated due to alcohol or drugs or a combination of both. Although the legal blood alcohol concentration (BAC) limit is 0.08%, it’s possible to face such charges even if your BAC is under that amount.
If a police officer pulls a driver over on reasonable suspicion, they can ask them to submit to a field sobriety test or a breath test or both. If the officer deems the individual as being intoxicated, they can arrest them for DWI.
DWI and driver’s license suspension
Anyone who is arrested on DWI charges faces consequences involving license suspension. This is known as an Administrative License Revocation (ALR). The suspension occurs within 40 days of their arrest date. In this situation, it’s crucial to request an ALR hearing within 15 days of the arrest. During the 40-day period, drivers are still able to drive as long as they have requested a hearing.
Penalties for DWI
If a person is convicted of a first DWI offense, they can face a fine of a maximum of $2,000 and anywhere from 90 days to one year in jail. There are also fees associated with regaining a license. Second, third and further offenses have higher penalties. A second conviction involves a maximum fine of $4,000 and jail time ranging from one month to one year. Meanwhile, a third conviction of DWI carries a maximum fine of $10,000 and two to 10 years of prison.
DWI charges can affect your ability to drive. Even if you’re found not guilty, you may still lose your license for some time, which can negatively impact your life.]]>On Behalf of J. Mark Howell Attorney at Law, P.C.<![CDATA[Texas drug possession and distribution penalties]]>https://www.markhowellattorney.com/?p=479952023-09-12T20:49:02Z2023-09-12T20:49:02ZThe Texas Controlled Substances Act
The Texas Controlled Substances Act sorts controlled substances into four penalty groups and three penalty subgroups. Marijuana is classified separately because it is not considered a dangerous drug. The controlled substance penalty groups and subgroups that are used to determine drug charges and penalties in Texas are:
Opiates, methamphetamine, GHB, ketamine, heroin and cocaine are in Penalty Group 1.
LSD is the only drug in Penalty Group 1-A.
Fentanyl is the only drug in Penalty Group 1-B.
Hallucinogens and central nervous system depressants are in Penalty Group 2.
Cannabinoids and synthetic marijuana are in Penalty Group 2-A.
Ritalin, Xanax, benzos and other depressants and stimulants are in Penalty Group 3.
Codeine and other prescription opiates not included in Penalty Group 1 are in Penalty Group 4.
Drug distribution penalties
The custodial penalties for possessing or distributing illegal drugs in Texas can be severe. Possessing less than a gram of a Penalty Group 1, 1-B or 2 drug carries a sentence of between 180 days and two years in a state jail, but being convicted of possessing more than 400 grams of these controlled substances could put an offender behind bars for up to 99 years.
Judicial discretion
Texas law allows judges to hand down harsh sentences for possessing or distributing illegal drugs, but it also allows them to show leniency when mitigating factors are present. A judge in the Lone Star State could sentence an offender convicted of possessing more than 2,000 pounds of a Penalty Group 2-A drug to life imprisonment, or he or she could hand down a custodial sentence of only five years.]]>On Behalf of J. Mark Howell Attorney at Law, P.C.<![CDATA[New penalties for those convicted of drunk driving in Texas]]>https://www.markhowellattorney.com/?p=479932023-08-18T16:24:37Z2023-08-18T16:24:37Zpay child support if the collision killed a parent of a child. Mandatory monthly payments occur until the child turns 18 or has graduated from high school.
Life-changing financial consequences
The new law goes into effect on September 1st. Those convicted of intoxication manslaughter will be required to pay restitution to support the victim’s minor children. Also, the law will not be retroactive.
Specific factors start with the existing financial resources of the convicted offender. From there, the focus is on economic and educational needs, the resulting physical and emotional trauma, standards of living, and the needs and resources of the parent still alive or the guardian if both partners died.
Amounts are based on financial needs and resources for the child, surviving parent, or guardian. If the convicted drunk driver cannot make payments while incarcerated, installments start within one year after release.
Drunk driving convictions in the Lonestar State already carry severe and life-changing criminal penalties and significant fines. The loss of a driver’s license alone can impact all aspects of your life. In addition, a criminal record will follow you when you apply for jobs.]]>On Behalf of J. Mark Howell Attorney at Law, P.C.<![CDATA[Looking into your past]]>https://www.markhowellattorney.com/?p=479882023-07-06T16:36:28Z2023-07-06T16:36:28ZThe purpose of background checks
Background checks are commonplace in the job search process. Private employers in Texas can conduct investigations to see if any criminal accusations or convictions are on your record. Additionally, no limit exists regarding how far back they can go to find the necessary information. Smaller companies who prefer to avoid the resources of larger organizations use credit reporting agencies for searches.
While often used to identify criminal activities, employers rely on background checks to shield them from liability if that staff member with a record were to cause injury to someone or damage property. In the end, the primary goal is to ensure the applicant is truthful about their history.
Limitations in federal job applications
When it comes to federal job searches, employers are required to abide by the seven-year rule. The shorter window of time accounts for those who have dealt with the consequences of criminal behavior and are entitled to a fresh start.
All arrest records lawsuits, judgments, and paid tax liens beyond seven years will not show up on credit checks. Exceptions do exist where employers can go back to the applicant’s 18th birthday. Those apply to those pursuing jobs with salaries of more than $75,000 annually or insurance company jobs.
Past indiscretions involving drunk driving, particularly when you were younger, should not define who you are today, nor should it hinder your right to pursue your chosen career.]]>On Behalf of J. Mark Howell Attorney at Law, P.C.<![CDATA[Divorce Statistics in Texas]]>https://www.markhowellattorney.com/?p=479872023-03-17T23:51:03Z2023-03-16T23:50:32ZDivorce rates over time
Only 1.5% of people getting married in Texas today will dissolve their union in divorce court. Compare that figure to 5.5% who got a divorce in 1990. Experts say that part of this drop is more people live together before getting married.
Comparing Texas divorce rates to the U.S. average
Across the United States, about 2.3% of marriages end in divorce. While the rate in Texas is about 0.8% lower than the national average, if you are considering getting married, you should avoid Loving, Kennedy, Sabine, Real and Hardeman counties, where the divorce rate is the highest in the state. Experts believe that part of the reason is that these counties tend to be rural areas, where people may only associate with their spouses.
What factors make it more likely you will get divorced?
African American people have the highest divorce rate in Texas, with 60% of their unions ending in divorce. Younger people, when they get married, are more likely to get a divorce. Furthermore, belonging to a religious group makes you more likely to get divorced, but this may be because these people tend to be younger when they get married. Finally, people with lower education levels are more likely to divorce than those with higher education levels.
Getting married in Texas may help you avoid divorce court because there are more successful marriages in Texas than the national average.]]>On Behalf of J. Mark Howell Attorney at Law, P.C.<![CDATA[How does Texas law determine who gets what in a divorce?]]>https://www.markhowellattorney.com/?p=479862023-01-17T02:55:07Z2023-01-17T02:55:07ZHow are assets divided in a Texas divorce?
Divorce property division rules are set forth in a specific Texas statute. This statute places different kinds of property into specific classifications that determine how that property is divided up between spouses. These classifications include:
• community property
• separate property
• commingled property
• converted community property
Community and separate property?
In most cases, property is classified as either community or separate property. Property division is made according to who owns it. These are the easiest to cases decide and can be simple compared toother serious divorce issues. Community property refers to property that was obtained during the marriage. In this case, that community property will be divided equitably between the two spouses during the divorce. Separate property, however, was usually obtained before the marriage. In this case, it is retained by the spouse it originally belonged to.
Understandgin commingled and converted property?
However, dividing a couple’s property isn’t always so simple. There are other factors to consider and that includes whether the property in question has been commingled or converted. Commingled property is property that could have feasibly originated as separate property but is impossible to tell by the court. In this case, the property is treated as community property and divided equally. Similarly, separate property may have been “converted” into community property at some point. This usually happens through an agreement, usually written. Without evidence of that agreement, the property would remain the separate property of a single spouse.
It isn’t always easy to determine who gets what during a divorce. In Texas, the rules use a community property system. Still, just because you believe you will retain property in a divorce does not mean you will. It depends on the judge or what kind of settlement is hashed out in negotiations.]]>On Behalf of J. Mark Howell Attorney at Law, P.C.<![CDATA[A guide to Texas shoplifting laws]]>https://www.markhowellattorney.com/?p=479802022-11-16T05:05:25Z2022-11-16T05:05:25ZUnderstanding shoplifting according to Texas laws
The term "shoplifting" generally refers to the theft of merchandise from a retail establishment. Retail establishments include stores, supermarkets and malls. Shoplifting can also occur at places such as restaurants, bars, gas stations and nightclubs. This type of theft has to occur during regular business hours, and the thief must have had the intention of permanently depriving the owner of the merchandise.
Further, Texas Penal Code Sec. 31.15 also criminalizes the possession, manufacturing, transporting, repair or sale of shoplifting tools. A "shoplifting tool" is broadly defined as any instrument that someone can use to remove a product from a retail establishment without paying for it. This could include things like pliers, bolt cutters, crowbars or even a coat hanger.
Penalties for shoplifting in Texas
If the value of the merchandise is less than $100, then the court can charge the person with a Class C misdemeanor, which is punishable by a fine of up to $500. If the value of the merchandise is less than $100, but the offender has a prior theft conviction, the charge can upgrade to a Class B misdemeanor, which is punishable by a maximum of 180 days in jail and a fine of up to $2,000.
If the value of the merchandise is between $100 to $750, the charge is a Class A misdemeanor, which can result in up to 1 year in jail and a fine of up to $4,000. Shoplifting items worth between $750 and $2,500 is a felony punishable by 180 days to 2 years in jail and a maximum fine of $10,000.
The penalties could go as high as 99 years in prison, for instance, if someone takes a property worth over $300,000. So, to avoid this, it's important to use defenses at your disposal with your criminal defense attorney to have the case dismissed or to avoid having a criminal history.
Shoplifting may seem like a simple crime, but the penalties can affect a person for life. Besides the fines and jail terms, a record can make it difficult to get a job or maintain your current job, find housing, apply for a visa, or get custody of your children.]]>On Behalf of J. Mark Howell Attorney at Law, P.C.<![CDATA[How a DWI limits your job prospects]]>https://www.markhowellattorney.com/?p=479722022-09-29T15:39:50Z2022-09-14T23:36:22ZHow does a DWI make it harder to find housing?
If you are charged with DWI, you may incur thousands of dollars in legal fees. If you are convicted of the charge, you may incur thousands of additional dollars in fines and increased auto insurance rates. Ultimately, a lack of funds will likely limit where you can afford to live, which could result in living in an area that doesn't have public transportation. It's worth noting that landlords may reject a rental application because you have a criminal record, which can further impede your ability to find a place to live.
A lack of education can limit your earning potential
It will be difficult or impossible to find work as a doctor or lawyer if you don't have a college degree. In some cases, it can be hard to find work in the retail industry if you don't have a degree or aren't currently working toward one. A DWI conviction may result in the loss of scholarships or being kicked out of school, which means that you might not be able to get the credentials needed to advance in your career.
Certain sectors require workers to have valid licenses
You likely won't be able to work as a delivery person if you don't have a license because it was taken away following a DWI conviction. It's also unlikely that you'll be able to work as a caregiver or any other profession that requires the ability to drive.
If you are charged with DWI, it may be possible to cast doubt on the allegation. This may be done by questioning the results of a sobriety test, witness testimony or other evidence used by the state in your case.]]>