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Court Records Houston Texas

October 3rd, 2011  / Author: admin

Court Records Houston Texas
Court Records Houston Texas

How to Hire a Houston Personal Injury Lawyer

Houston has been termed as one of the most prosperous cities and the fourth largest in United States of America. Located in Texas, this city has much to boast about itself and its growing and thriving economy. It has a wide array of industries ranging from power generation to the top notch technological firms, making Houston one of the chief commercial hubs in America. With a high population of over two million, there are greater chances of people facing accidents. Hence hiring a personal injury lawyer is a good option.

The personal injury lawyer would help you out in situations when you might hurt yourself in recovering back the funds you had lost paying off the medical bill, and probably even the salary or wages you had lost as you were unable to work, etc. The chief form of transportation which is availed by masses in Houston is automobiles, with more than 71% residents taking to driving all the way to work. This increase the chances of accident rates and the records at the Houston Police department would reveal shocking figures on the same.

Thus having a Houston personal Injury Lawyer is always beneficial to keep yourself safe. Recently it has been seen that there has been an abnormal rise in the number of individuals availing legal assistance to deal with personal injury cases. It is natural and ethical that when you meet with an accident, you are very much entitled to avail compensation for the shock and twinge that you need to go through and endure. To avoid all these hassles, you need to avail the support of any one of the Houston personal injury Attorney who could redeem you from these problems with his legal knack and technique.

When you decide on availing compensation for the accident which you have faced (or your family members), then you need to first decide on what type of trial you would opt for, accordingly you would need to hire a Houston personal injury Attorney to handle your case. Among the two options, you have one as the court trial and the other, an out of court settlement. Once you have made your mind for going ahead with the lawsuit, then the next thing you need to do is to hire a good professional Houston personal injury Lawyer who would be able to get you across with a win.

Few realities to be known:

  • There are few harsh realities which the applicant of personal injury cases have to go through, like if one could go through a rough time when the court proceedings takes place.
  • If the Houston personal injury Attorney whom you have hired is a professional excelling in his field, then you can come out easily with a win and the court proceedings would also be less troublesome.
  • In situations when the Houston personal injury Lawyer you hire has less exposure in the domain, then it would be better not to opt for the same.
  • In case you have a family lawyer or an acquaintance lawyer, then you can also ask them to refer you to some expert attorney's names in the domain of personal injury claims.

About the Author

Padua Law is specialized firm as a Houston Personal Injury Lawyer. The firm has solved many issues related to personal injuries and its wrongful death and thus being known as prominent Houston Personal Injury Attorney.

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Electronic Evidence Meets Right to Privacy in Texas Divorce Cases

There is a false sense of security that takes place when we hook into the internet, our smart phones, or some other form of electronic communication; many of us seem to think that our true selves are separated from these pieces of technology and that our words and actions are anonymous and floating somewhere through the netherworld of cell phone towers and W-Fi hotspots.  The truth is that we are capable of being tracked better now than ever before.  Even when we believe we have deleted every file from our computer, every website visited from our browser, and every text from our phones, forensic specialists still can retrieve the information.  And, this evidence is becoming increasingly a standard component of divorce trials in the state of Texas and across the country.  In a survey completed three years ago, eighty-eight percent of members of the American Academy of Matrimonial Lawyers stated the number of cases introducing electronic data had increased greatly over the past five years. Undoubtedly, the presence of electronic evidence has only risen since then.

There are the obvious pieces of electronic evidence that can be used against a spouse during divorce proceedings, such as a Facebook update that says, "John Doe is meeting his girlfriend for dinner even though his wife thinks he is working late" or an online statement for a joint checking account that shows unexplained investments or gifts.  But, separating spouses should also consider employee benefit files, online financial management programs, emails, recorded conversations, and GPS tracking devices (just to name a few) as possible sources of evidence in court. All such records must be carefully reviewed, though, before submitting them to a judge.  Otherwise, you may find yourself in violation of privacy rights and facing both actual and punitive damages.

When determining whether or not certain electronic evidence is admissible, there are important statutes to consider at both the federal and state level.  The federal Electronic Communications Privacy Act and Stored Wire and Electronic Communications Act, passed with its original content in 1986, prohibit the interception of "certain electronic communication" and lay out the ability for the victim of the invasion of privacy to pursue both criminal penalties and civil damages.The combined statutes also regulate the access to communication that is transmitted electronically, including emails, faxes, voice mails, and text messages.  Under the law, only communication attained through a shared source, such as the family's hard drive, is permissible.  On the other hand, accessing a spouse's individual email account or cell phone records may not be allowed.  This is when the issue of consent comes into play, and what type of information concerning email passwords and other confidential information was shared between spouses in the past. The courts are still navigating the language of the law in our electronic age, and every legal decision seems to create new precedent for how divorce lawyers will handle the overwhelming evidence that technology has the ability to provide.

At the state level, Texas has both a criminal wiretap law, Tex. Penal Code § 16.02, and a civil cause of action for interception of communication, Tex. Civ. Prac. & Rem. Code, Ch. 123. Concerning the first law, you may not place a recording device in a phone to record your spouse's conversations with others.  However, Texas is a "one-party consent" state, meaning that you can record conversations in which you are a party without the other participants knowing. Concerning the interception of communication, Texas largely reflects what is in place at the federal level, with much deference given to the person whose personal exchanges were captured.

With the fluidity of the law and the struggle of both legislation and the courts to keep up with the ever-changing technology, you can be certain that divorce attorneys will aggressively fight any electronic evidence that may be damaging to their clients and often will meet with success in this effort.  Doubts will be raised concerning the authenticity of the sender of an email or text message, the Fourth Amendment and the implied right to privacy that is protected in both federal and state laws will be argued, and the attorney will try to raise suspicions concerning the time that any tracking device was installed and whether or not it was unfairly directed at catching one person.

The bottom line is this—electronic evidence can be a powerful and determining tool in divorce settlements, as shown by its overwhelming use in courtrooms today, but privacy laws will take precedence over such findings.  You need an experienced divorce attorney by your side to discuss the evidence you collected or that you believe is out there to be found so that your efforts are not later used against you.  Texas has several torts on the books concerning the invasion of privacy and a court can consider these claims when dissolving and apportioning the marital estate.  Don't let evidence that you collected to protect and benefit you become the reason that you pay a large fine or even end up in jail.  Gather all of the resources you can when you enter the courtroom to dissolve your marriage, but proceed with caution.

 

About the Author

Tony R. Bertolino is the managing partner at Bertolino LLP with law offices located in Austin, Houston and San Antonio, Texas. A member of the Trial and Appellate Litigation Team, Mr. Bertolino's practice is devoted largely to complex transactions, commercial litigation, business law, entertainment law and family law matters. You can read more about Mr. Bertolino at www.belolaw.com



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