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The Baez Law Firm

The Baez Law Firm
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Sunday, April 19, 2009

Had a DWI this weekend?

This weekend, we have been contacted by people who have been arrested since the implementation by the District's Attorneys Office of the policy of blood drawing in you refuse to blow. This is a common phenomena, but we believe that Bexar County DA has taking it to the next level.

As Americans, we have been given many constitutional rights, including the right to privacy, and it is our believe that, every time blood is drawn without consent, our constitutional rights are usurped.

On their website, the Bexar County DWI Task Force placed this info "Peace Officers from across Bexar County are trained and ready for the D.A.'s Office to launch 24hrs of blood draws for those who refuse to provide officers with a breath sample."

As we translate it, they are ready to violate our rights but because they will have the back up of the DA's office, its ok. WOW! Although we do not advocate drinking and driving, we are concerned about people's rights. In other words, if a person has not had any alcohol during the day, refuses to blow for whatever reason, that person would be arrested, have a charge pending, spend thousands on attorneys fees for just saying NO to the sometimes unreliable breathalyzer.

We have defended many people in that scenario and have challenged the bogus science that the breathalyzer brings to the DWI arena, and now, we are ready to challenge the unconstitutionality of the DA's practice.

If you feel that your rights have been violated, contact us.

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

Thursday, April 16, 2009

Fiesta starts and the DA will make you give blood

Today, the Fiesta tradition starts for San Antonians. The only difference is that, if you get pulled over for a DWI, and you refuse to give a breath sample, you will automatically go to jail to have your blood drawn by a nurse. WOW!!!

Although we believe that this practice is a violation of the constitutional rights of those involved, we highly recommend that if you drink, do not drive. On the other hand, if you get pulled over and arrested, and blood is drawn from you, call our law firm, we can help.

The Baez Law Firm, P.C. is a general practice law firm in San Antonio that handles criminal law, family law, personal injury, consumer law, business law, bankruptcy, appeals and many more areas of law.

Thursday, April 9, 2009

The DA will do it again

Although the legislature will not pass the random sobriety check points, Bexar County District Attorney will most likely have another mandatory breath or blood test. If you refuse to blow, you will be required to give blood.

Our previous blog covered the unconstitutionality of this practice; however, the District's Attorney is finding a way to get around that, or so they think. They issued warrants for blood test and assume that it is constitutional.

As we explained on our earlier blog, this practice is not constitutional, it just has not been challenged in court, therefore the DA continues to do it.

The Baez Law Firm, P.C. is dedicated to defend those who have been wrongfully accused of crimes. We would love to challenge the constitutionality of such practice in Bexar county to submit people, without their consent, to blood drawings.

If you have been asked to submit to a blood drawn, without your consent, contact us.

Wednesday, April 8, 2009

Your personal injury case

For years, insurance companies have employed tactics to minimize claims against their insurers. This is done in an effort to keep their bottom line healthy. As a victim of a personal injury case, you have to keep in mind that the insurance company is not there to make you whole again, they are there to protect their stockholders.

Our law firm has been dealing with these insurance companies and we know how to protect our clients. One of the tactics that the insurance companies use is a program called "Colossus" which tell the insurance adjusters the amount of money to be offered for a particular injury.

The program goes through some scenarios and spits out a maximum amount of money to be offered for a particular claim. For the most part, if the injury is one that only soft tissue is involved, you would not expect more than twice the medicals, assuming that the property damage is greater than $1,000.

How can a regular person compete with such technology? The answer is very clear. You need our law firm on your side. Insurance companies spend millions on legal teams, you too should have your own legal team. Contact us today!

Tuesday, April 7, 2009

Business formation, we can help

Many people in Texas have great ideas when it comes to businesses; however, they do not know how to protect them. To maintain success, asset protection and minimizing liability exposure are a must. But how do you do it?

Our Law Firm has experienced attorneys in the area of business law. We help small companies and fortune 500 companies, protect their most important asset. When businesses are in compliance with codes, and the assets are protected, businesses grow.

If the type of business that you have is one that would not required many legal protection tools, then our attorneys will tell you. On the other hand, we believe that formation of a separate legal entity for purpose of conducting business is the best choice for most.

When you have a business, or you are thinking about forming a business, please, visit us for a free consultation and one of our experienced attorneys will help you with the formation and asset protection of your business.

We offer several business representation packages, find out which one is right for you. On the other hand, if your company is facing litigation, contact us. We would gladly protect your company through the litigation process, collective bargaining, and many other areas of business law.

The Baez Law Firm, P.C. is San Antonio's premier general practice law firm. Our attorney handle personal injury, family law, business law, criminal law, consumer law, bankruptcy, litigation, appeals and many more.

Monday, April 6, 2009

What is a Plea to the Jurisdiction

The Baez Law Firm, P.C. has helped many foreigners in their fights against improper adjudication or rights without power to do so by the courts. Here is a review on what to expect if you believe that the court has no power over your case.

In Texas, there is no "motion to dismiss" encompassed in the Rules of Civil Procedure, although many courts and litigants act as if there was. To attack the lack of subject matter jurisdiction, the proper pleading is a plea to the jurisdiction.

Since a court has no power over a controversy without subject matter jurisdiction, the lack thereof can be raised at any time by parties or by the court. The court, has to dismiss the case because it has no power to do anything else. Subject matter jurisdiction cannot be waived.

Subject matter jurisdiction is not limited to issues concerning the type of case or the amount in controversy, it also deals with when plaintiff lacks standing, the suit is not ripe for determination and when the defendants are immune to suit.

If you believe that your case was improperly handled by the court, or if you have an upcoming case and have questions about jurisdiction, please contact our law firm. We are a general practice law firm that handles, personal injury, family law, business law, criminal law, consumer law, appeals, bankruptcy, litigation and many more.