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The Baez Law Firm

The Baez Law Firm
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Monday, December 29, 2008

What is an appeal?

An appeal is a way in which the party that looses in the trial has a chance to show whether the court's decision was in error, or some procedure was violated by the court. For the most part, the party appealing is called the appellant, or the petitioner. The other party is the appellee or the respondent. The appeal is instituted with the filing of a notice of appeal.

This filing marks the beginning of the time period within which the appellant must file a brief, a written argument containing that side's view of the facts and the legal arguments upon which they rely in seeking a reversal of the trial court. In Texas, this notice of appeal must be in writing and within 30 days of the verdict. The appellee then has a specified time to file an answering brief.

Many people believe that cases are always appealed. But that is not always the case. Not often does a losing party have an automatic right of appeal. Usually, there must be a legal basis for the appeal—an alleged material error in the trial—not just that the losing party did not like the verdict.

In a civil case, either party may appeal to a higher court. In a criminal case, only the defendant has a right to an appeal. Appeals by the prosecution after a verdict are not normally allowed because of the prohibition in the U. S. Constitution against double jeopardy, or being tried twice for the same crime.

The right of a federal review imposes the check of the federal courts on abuses that may occur in the state courts. Criminal defendants convicted in state courts have a further safeguard. After using all of their rights of appeal on the state level, they may file a writ of habeas corpus in the federal courts in an attempt to show that their federal constitutional rights were violated.

An appeal is not a retrial or a new trial of the case, although in Texas, a motion for a new trial is required to perfect an appeal. The appeals courts do not usually consider new witnesses or new evidence. Appeals in either civil or criminal cases are usually based on arguments that there were errors in the trial’s procedure or errors in the judge's interpretation of the law.

If you need a law firm to handle your appeal, please call us (210) 979-9777 or visit our website http://www.thebaezlafirm.com/ for a free consultation on your case.

Wednesday, December 24, 2008

Merry Christmas from our family to yours!

The Baez Law Firm, P.C. would like to take this opportunity to wish each and every one of our clients, colleagues, judges, legal assistants, clerks, police, district attorneys, and all others involved with the area of law, a Merry Christmas.

There is no time more fitting to say Thank You and to wish you a Merry Christmas and a New Year of health, happiness and prosperity. As a famous writer once said, "a little smile, a word of cheer, a bit of love from someone near, a little gift from one held dear, best wishes for the coming year!"

May the Blessings of Christmas be with you today and always are the best wishes from our family to yours!

The Baez Law Firm, P.C. is a general practice law firm that is ready to help you during difficult times. We handle criminal law, personal injury, family law, business law, consumer law, litigation, and appeals.

Monday, December 22, 2008

Have you been accused of a crime that you did not commit?

If you have been accused of a crime that you did not commit, please read ahead.

What are your rights when a police officer stops you on the street? Can they stop you to ask questions? When can an officer arrest you?

There are three basic types of interactions between officers and citizens: the encounter, the investigatory detention, and the arrest. An encounter occurs when a police officer approaches a citizen in public and asks questions but has little reason to believe that a crime has occurred.

During an encounter, you do not have to answer the questions nor do you have to identify yourself to the officer. You are free to walk away. If the officer has “reasonable suspicion” of criminal activity, the officer can detain you and investigate. To meet the standard of reasonable suspicion, the officer must be able to articulate facts of criminal activity. Reasonable suspicion is a low burden for a police officer to meet.

During an investigatory detention, an officer can require a citizen to disclose his name and show a form of identification. Furthermore, during an investigatory detention, if the officer believes his safety is at risk, he may briefly pat down the citizen for weapons.

To arrest a citizen, an officer needs probable cause that the citizen has committed or is committing a criminal offense. Probable cause means that given all the circumstances, a crime probably occurred. Probable cause is also a low burden for the officers to meet.

If you have been wrongfully accused of a crime, please contact The Báez Law Firm, P.C., we can help you during this difficult time.

The Baez Law Firm, P.C. is a general practice law firm that is ready to help you during dificult times. We handle criminal law, personal injury, family law, business law, consumer law, litigation, and appeals.

Thursday, December 18, 2008

Merry Christmas and Happy New Year

The Baez Law Firm, P.C. would love to wish each and every one of you a Merry Christmas and a Happy New Year. During this season, let us all rejoice and share the blessings that we have receive. Let us help the less fortunate and let us bring them with us to the top of the mountain.

In the bible, Luke 2:8 explains about the reason for this season“And in that region there were shepherds out in the field, keeping watch over their flock by night. And an angel of the Lord appeared to them, and the glory of the Lord shone around them, and they were filled with fear. And the angel said to them, ‘Be not afraid; for behold, I bring you good news of a great joy which will come to all the people; for to you is born this day in the city of David a Savior, who is Christ the Lord. And this will be a sign for you: you will find a babe wrapped in swaddling cloths and lying in a manger.’ And suddenly there was with the angel a multitude of the heavenly host praising God and saying, ‘Glory to God in the highest, and on earth peace among men with whom he is pleased!"

We hope that on December 25th every one has a merry day. As stated in the bible, Mt 11:28 “Come to me, all who labor and are heavy laden, and I will give you rest. Take my yoke upon you, and learn from me; for I am gentle and lowly in heart, and you will find rest for your souls.” That alone should be a reason to celebrate not only on Christmas, but every day!

Our Law Firm hopes that all of your dreams may come true and that we can unite for the better of our community and our country.

Wednesday, December 17, 2008

Divorce law in Texas

Before we can talk about divorce, we must first define marriage. What is the legal definition of marriage? Although it appears confusing now, for purpuse of this discussion we will use the traditional definition of marriage. It is the union of one man and one woman in matrimony, or marriage. This concept was acquired from biblical principals and adopted legally in the US, and it meant a contract between a husband and a wife mostly for the benefit of the husband.

This legal definition of marriage continued in the United States until the middle of the nineteenth century, when states enacted married women's property acts. These acts conferred legal status upon wives and permitted them to own and transfer property in their own right, to sue and be sued, and to enter into contracts. A concept never imagined before this time.

Although these acts were significant advances, they dealt only with property a woman inherited. The husband, by placing title in his name, could control most of the assets acquired during marriage, thus forcing the wife to rely on his bounty. Texas follows the common law doctrine of community property which confers title to both parties during the marriage equally.

Divorce law has also changed over time. In colonial America, divorce was extremely rare. This was partly because obtaining a divorce decree required legislative action, a process that was time-consuming and costly. Even with availability, divorce remained a highly conflicted area of law. The Catholic Church labeled divorce a sin, and Protestant denominations saw it as a mark of moral degeneration. The adversarial process presented another roadblock to divorce.

In the nineteenth century, consensual divorce was not known. For a couple to obtain a divorce, one party to the marriage had to prove that the other had committed a wrong of such weight that the marriage must be ended. The need to find fault was a legacy of family law that was not changed until the 1970s. Texas is a no fault divorce state which means that no prove is required of any wrong doing in order to obtain a divorce.

If yo are contemplating a divorce, we first advise you to get counseling about the issue, specially if you have children involved. Once you have tried counseling, if you are looking for an hones law firm to represent you during this diffucult time please call us (210) 979-9777 or visit our website http://www.thebaezlawfirm.com to get information on our law firm.

Tuesday, December 16, 2008

San Antonio Injury Lawyers, Attorneys and Law Firm that also handle family law, criminal law, business law, consumer law, bankruptcy law and others!

At The Baez Law Firm, P.C. find personal injury lawyers in San Antonio specializing in personal injury law. Find attorneys that handle automobile accident injuries, wrongful death, fatal injuries and brain injury. We also handle family law, criminal law, business law, consumer law, bankruptcy law and many other areas of law. Come see us and see why we say "We Care About Your Legal Needs."

We have been in business for many years serving the San Antonio Community. Our combined experience surpasses twenty years of service amongst our attorneys and lawyers. Our paralegals are of superior quality and experience. Come see us, or call us at (210) 979-9777 and you will know the difference from the moment that you walk into our door. Your initial consultation is always free.

We also care about your body wellness, so we have partnered with KAROLYNAS to provide our employees, clients and many others, the ability to live a healthy more prosperous life with USANA products.

Our focus in on helping our clients-which are our most important asset- with the ability to fight with the "big boys" in the legal arena. We have represented small and big corporations alike, and are willing to help clients when others won't.

We have taken on police brutality cases, mayor catastrophic injuries, wrongful death case, truck accidents due to driver negligence, and many other areas of law.