Resources - Michael & Associates, Attorneys at Law

Michael & Associates Secures Win For Local Police Chief Against Corrupt City Officials

For immediate release October 31, 2024 LAMPASAS COUNTY, Texas—In a resounding victory for justice, Michael & Associates announced that City of Lometa Police Chief Melissa Cantu has been cleared of all charges in a high-profile case that showcased deep-rooted issues within City Hall in Lometa, Texas, and exposed the ugly side of small-town corruption. Cantu, …

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Capital Murder vs. First-Degree Murder in Texas

Law, Texas / By Charles Pelowski

Capital murder is the most serious offense you can commit in Texas. It means committing a premeditated murder but with aggravating factors that elevate the charge to a “capital” felony. In Texas, capital murder is a death penalty offense, while first-degree murder carries a maximum sentence of life in prison. Capital Murder vs. First-Degree Murder …

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Domestic Assault / Family Violence in Texas: Charges & Consequences

Law, Texas / By Ben Michael

Family violence is defined by Chapter 71.004 of the Texas Family Code as acts by one member of a family or household against another member of that same family or household with the intent of bodily injury, physical harm, or sexual assault. No harm needs to occur; reasonable fear that physical harm is imminent is …

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Is Plan B Legal in Texas?

Law, Texas / By Charles Pelowski

Plan B and other emergency contraceptives, including a separate medication called “Ella” that helps prevent pregnancy within 72 hours after having unprotected sex, are legal in Texas. These contraceptives are not the same as “medicated abortion pills.” This is where the confusion arises about which medications are legal. Texas’s strict abortion laws do not affect …

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Texas Has Paid Almost $100 Million to Exonerees Since 2009

Studies / By Rebecca Stumpf

Texas has paid almost $100 million in lump-sum payments since 2009 to 95 men and women for wrongful convictions, according to state records requested by Michael & Associates, a criminal defense law firm based in Austin, Texas, under the state’s Public Information Act. The state also pays a monthly annuity to each qualified exoneree. The …

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Objection Hearsay Meaning + More Common Courtroom Objections

Law, Texas / By Charles Pelowski

If you’ve ever watched a legal drama on television, you’ve heard someone shout “Objection, Your Honor! Hearsay!” at a critical dramatic moment. In simple terms, that usually means a witness cites information they’ve heard from someone else. An objection is a protest raised by an attorney during a legal proceeding. It alerts the judge that …

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What is Nunc Pro Tunc? How to Fix a Clerical Mistake in a Court Order

Law, Texas / By Ben Michael

Nunc pro tunc orders allow the courts to fix clerical errors and reduce delays in the judicial process. They issue a decision that applies retroactively as if the decision had been made at an earlier date. Nunc pro tunc is a Latin term that means “now for then.” The orders are procedural tools that correct …

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2nd DWI in Texas? Laws, Penalties, and How to Fight It

DWI-DUI / By Charles Pelowski

The penalties for a second DWI are more severe than a first offense – and technically require a minimum of 30 days in jail – but it’s still unlikely that you’ll serve any jail time beyond the mandatory minimum of three days required for probation. However, it’s even more vital that you have an experienced …

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1st DWI in Texas? Here’s What to Know

DWI-DUI / By Charles Pelowski

Most first DWIs are Class B misdemeanors, which carry a maximum of 180 days in jail, a $2,000 fine, and a mandatory minimum of three days in county jail (which can be suspended or probated). However, statistics show that most first offenders won’t spend more than a few hours in jail. It’s important to remember …

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What is the Legal Age of Consent in Texas?

Law, Texas / By Ben Michael

The age of consent in Texas – the age at which you can legally consent to sexual activity – is 17. This means that individuals who are age 17 or older can legally engage in consensual sex with peers who are at least 17. However, some exceptions protect teens who are within three years of …

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