The Haley Law Firm

The Haley Law Firm Call 469.219.7616 if you were injured, arrested, or ticketed. Awesome Law Firm

Operating as usual

12/07/2012

So its been a busy three days and the Haley Law Firm pitched a perfect game! Wednesday dismissal on possession charges and assault family violence. Thursday State disagreed that our client should have his from record erased so we had had a hearing. Now our clients says, "record? What criminal record? It can't be mine coz I dont have one SSSON! Today just now, represented plaintiff I. Small claims and we were countersued. Judge ruled for us and we got all the damages money we asked for and all the attorney fees. Defendant won a lecture about filing crap counter suits. When you are doing what you were born to do it just doesnt feel like work. BOOM!

11/28/2012

Veterans often find themselves at odds with the V.A.'s opinion as to whether he/she is entitled to compensation for injuries sustained while on active duty. The average length of theses cases from beginning to "money in hand" is 4 yrs. And that's just the average so you have cases that can go for 8 to 10 yrs. So if this body of law applied to me, which it doesn't since I left the AF with only an aggressive case of head-balding (no money for that), I would get the ball rolling on that.

11/26/2012

Hello there and Happy Holidays. If you have not heard, Texas Lawyers for Texas Veterans is a statewide initiative providing pro bono (free) legal services to veterans who might not otherwise have access to legal assistance. Since the program began in 2010, more than 6,000 veterans have been served by Texas lawyers through veterans legal clinics supported by local bar association. To find out if your local bar association can help, start by googling the "name of your county bar" (Dallas County Bar, Harris County Bar, etc.) You could also google to see if your city has a bar association (Arlington Bar Association etc.) Search the bar's webpage to see if they support Texas Lawyers for Texas Veterans and/or call the bar at the phone number provided on their web site. Texas Veterans who need the help may be able to pursue benefit cases including Post-Traumatic Stress Disorder claims. Please pass this information along to any Veteran you know so the word will get out that there is help out there.

11/18/2012

I love it when one of my friends sends me a quick legal question I can help with, the friend gets an answer, I get an idea for writing one of these blogs. It makes the world a better place.

QUESTION: If a felon can't own or possess a firearm, can the felon go hunting in Texas?

Answer: YES a felon can hunt in Texas....just not with a firearm.

"Possession of firearms by felons: A convicted felon, regardless of where the conviction occurred, may not possess or use a firearm (as defined by Penal Code, §46.01) to hunt in this state. Under Penal Code, §46.01, a muzzleloading firearm is lawful if it is an antique or curio firearm manufactured before 1899 or a replica of an antique or curio firearm manufactured before 1899 that does not use rimfire or centerfire ammunition."

So if you are a felon you can hunt with a bow, crossbow, bow staff, nunchucks, throwing stars, etc, etc, basically you (a felon) can use any weapon a non felon can use except a firearm. But Attorney, I only like to rifle hunt, what should I do? I would file that under tough ****. The absolute closest you can get to a rifle for hunting purposes is the muzzle loader (I want to hunt with a muzzleloader someday coz I'm a hutning nerd). A crossbow is a lot like a short distance rifle, I've taken a beast with a crossbow, it did the job well.

Alright Attorney Haley, but for real, I got this felony and I want to hunt with the gun my granpa left me, what do I need to do? You need to not hunt with that gun your grand pappy left you unless its a muzzleloader and nobodys granpappy leaves them a muzzleloader. Duh. So don't do it, if you get caught using or even holding a firearm and you are a felon, you risk more legal trouble you don't want to pay for. If you are a felon and you get caught with a gun, be peaceful as you are arrested, give them your identifying information, and tell them you don't want to be iinterviewed without an attorney. Do not try to make the cops understand what you were doing with the gun. Call a bondsman to come bond you out then find a criminal defense attorney.

11/13/2012

Here's a scenario for you that 10 out of 10 people would like to avoid: The police pull you over in a vehicle occupied by you, your friends, and a sack of weed. Yikes! I am writing on this scenario because this is one of the number one subjects I am asked about once it gets out that I am a criminal defense attorney (btw it usually gets out upon introductions since I intruduce myself as "Eric Haley, *****king Criminal Defense Attorney" but that's neither relevant nor topical to this discussion) So anyway, you have a bag of weed in the car and the police pull you over, your heart starts beating in your throat, you start visualizing the disappointed faces in your life, the opportunities you have thrown away, so what now? Well chances are in Texas, you haven't blown up your life, you can go ahead and finish your degree, yeah you did just cost yourself some coin in attorney fees, but point is that its not time to gas it and end up with your parents seeing a helicopter view of your ride on the evening news just coz it smells like you have 8 skunks and a citrus tree in your glove compartment. So what are the factors to consider when the cop pulls you over? Should you tell on yourself? Offer up the evidence right away, or tell the cop to go get a *****ng warrant if he wants to search your car? Well first off I would advise against using the words "******ng warrant", however the cop will have to have a warrant to search your ride unless you consent to the search. So those are your options to consent to search or not to and I leave that one up to you (maybe I will write about that another time). Let's fastfoward to you, the cop, and the bag of sticky icky all out in the open and aware of each others' existence. The big question now is how much do you have and where the hell are you? The worst possible combination would have you answering "I have a lot of weed (over 2 oz) and I am in the east/west Texas hillbilly sticks." The best possible answer is "I have a little bag for personal use and I am in Dallas and or another location where the cops have a lot more important things on their plate other than you and your 311 CD. In the city you may not even have to go to jail for a small amount, cops can and do write tickets for Class C possession and save jail space for the murders and rapes and wantnots. If you are in the sticks you are probably ****ed coz WWJD, certainly not this. : ( What do you do if you end up in jail? Call a bondsman or friend (jail will have a list) and have them come bail you out. If the police take you in, don't say a word. Don't get all emotional and feel like you need to confess to anything, remember although you may feel like confessing your sins or act a fool, you should not do either. Just shut up. After you receive your ticket or get out of jail, call a criminal defense attorney. If you are in the sticks, I would call a local attorney. If I were in the Dallas area, I would call what some people have described as a beautiful man, me. Unless your attorney really sucks, he/she should be able to at the VERY least, keep it off your record (if its Dallas County, you have small amount, and it is your first offense, I can do everything but gaurantee it will be dismissed without need for trial.) Once that part is over you can then have the incident erased from your record, and then "Possession ticket? What possession ticket? It wasn't me, I'm up with hope and down with dope." DONT DO THIS: Don't get out of jail, pay your fine, plea guilty, and get a conviction on your record. You will be so ****ed and it will show up on every background check that is ever done on you and it will never, ever go away.

11/07/2012

Marijuana is Legal in Colorado and Washington: WTF and other Questions.
As a heterosexual criminal defense attorney, the legalisation of marijuana in 2 states is most likely the only situations the elections brought that may remotely affect me personally. I like it best when no part of the election stomps in my yard, because like you, I don't like change. But in any case, society has just created a very interesting case study for all of us. It is not often in history that a state law is passed that directly and objectively contradicts a Federal law and that is what we are staring at here. So the talking heads and myself will submit an opinion for your consumption as to whether one believes the Federal government will take a stand to asssert itself over the 2 states that will no longer prosecute as a crime, the possession of marijuana. I do not believe the Federal government will do a damn thing for several reasons. 1) I do not think marijuana legalization in one state is going to create much hub bub and tomfoolery in neighboring states. Idaho's marijuana problem, if such a problem exists, would be hard to blame on Washington's lax stance on marijuana because there is already plenty of marijuana all over and everywhere. Where are you right now? I know, you are in a place without a marijuana shortage, that's where. So avoiding a novel at this time, suffice it to say the state laws will only affect state's citizens. Another reason the federal government won't get involved the fact that it has already failed so miserably in California. Nobody likes to spin their wheels especially at a cost. Now to fight this war on state's rights the battlefield has expanded by two states that aren't even calling it medical marijuana now. No, this is "Gettin High" marijuana...for fun. How will this effect us Texans? Not really at all, at least I hope I don't lose my steady stream of marijuana possession cases. I like money especially when its handed to me. I think all other states are going to be curious as to the budgetary effects marijuana legalization has in Wa. and Colo. I sure am and if it produces a few billion dollars it will be just like gambiling, broke ass states will start legalizing it too. Back to the Texas questions, oh hell naw padna. Holy roller money keeps our very conservative state government minding it's P's and Q's and buddy, that ain't changin. And also, Texas does not qualify as a broke ass state. We also love our law enforcement here and law enforcement need something to fight.

11/02/2012
Texas DPS: Licensee Driver Records

Hey there. You know what you deserve? Instant access to your DRIVER RECORD!!!!!!! Click on the link below and follow the instructions and you can be in the know. Rarely is it for a fun-n-games reason that one must review his/her own driving record and I'm no different. That's probably all I'm going to share on this subject but I hope this helps you out. Have a good weekend, THLF.

Through this service, Texas Driver License Holders may request their own Driver Record online and print the Record at the end of a successful order.

10/08/2012

Texas law is very clear that there are few options for erasing an established criminal record. When your run afoul of the law resulting in arrest, there is a record made of the arrest. Also there is a record made that tells how the charges played out. If you are convicted of a crime, it is almost impossible to get your record cleaned. It is only today that I started saying "almost impossible" rather than "impossible." That's because I have a client who had a felony and he was not granted deferred adjudication. If you shop around for this record cleaning service you will hear time and time again that you had to have the charges dismissed or you must have been granted deferred adjudication. I thought that too until this client just insisted we try to clean the felony of his record that showed up as a conviction, not deferred. So I thought about it and argued for it another way. It took well over a month but out of the blue it came in the mail on Friday (and I've been smiling evere since, whistling, blue birds are landing on my shoulder....) the judge granted the petition. If you or someone you know has bee told their record cannot be cleaned, tell them to contact me.

10/01/2012

I LOVE MY JOB! Victory in Denton County. Theft Conviction? Not for my client.

08/27/2012

We had a victory today in a DWI trial. A complete victory today which means our client does not have a DWI or anything else on his record. It was well deserved because our client was not Driving While Intoxicated.

Dying Man's Blinks Are Key Evidence in Murder Trial
08/11/2012
Dying Man's Blinks Are Key Evidence in Murder Trial

Dying Man's Blinks Are Key Evidence in Murder Trial

The blinks of a 35-year-old man, paralyzed and dying from a gunshot wound, may help convict his killer. In a 17-minute video made by investigators, David Chandler answered questions about his attack by blinking.

08/10/2012

Suing in Small Claims Court to put it in the words of high society, is "most excellent." To Jerry Jones I say to you sir, "Small Claims Court is the least complicated path to the gloryhole." When you google your county's small claims court you will notice there are multiple "precincts" within your county if you live in a populated area. You must pick the right small claims court if your county has more than one (if only one to choose from, its the right one. : ) Barrister Haley, why small claims court, why? 1. CHEAP COURT COSTS. It costs a lot less to sue in small claims court, usually under $120. Compare that to the price of suing in your other choice, county court. That will cost you just under $300, more if you sue more than one person. 2. RELAXED RULES. Small claims court is designed for the people, county court is designed for the lawyer, (fed court designed for the super lawyer). In small claims court the judge is usually not a lawyer and will not expect you to talk or act like a lawyer. You don't need to know whether you should be objecting to evidence, you probably aren't going to get a ton of paper work (we call it discovery) to fill out and answer before court. That's huge because answering discovery sucks and we lawyers make a chunk of change answering that discovery (rightfully so, see above, answering discovery sucks.) If you sue in county court, expect to have to answer discovery (ALOT of it if I'm suing you > : ) ahem, and the case merits it, yeah.) Also about small claims court, you can only sue for money (but what else does anyone want???). In county court you can sue to make people do stuff or not do stuff, or pay you money. In small claims court you can only make people pay you money. DO I NEED AN ATTORNEY for SMALL CLAIMS? That's a bit like asking a dentist if you should brush your teeth in a given circumstance. He/she will probably say "yes." I will too to the question of whether you need an attorney. Yes, get an attorney, it will intimidate the person you sue, and the attorney will know what's going on. SHOULD I SUE IN SMALL CLAIMS? Yes, if you are seeking only money damages and it is under $10,000. You can get your attorney paid for if the judge decides you deserve it, but the most you can get total is $10,000 plus court costs. BONUS: If you sue and the defendant doesn't come to court, you automatically win BOOOOYA. Note that not everyone can sue in small claims court such as pay day loan sharks or debt collectors, also you cannot evict someone in small claims court. Again, let the attorney worry about such things, you have life to live and *** to kick. DOES THE JUDGE HAND ME A CARTOONISH BAG OF MONEY IF I WIN? No. You get a judgment. You can't buy a Denny's Grand Slam or a Baconator with it, but you can get the judgment enforced (thats a whole 'nother blog). If you have questions about small claims court contact The Haley Law Firm.

07/18/2012

You see these attorneys out there saying you should hire them for a traffic ticket...like me for example. The question then becomes, "Why do I need to hire an attorney for a measly little traffic ticket? The ticket is so cheap and a lawyer so expensive, I should just pay it, right?" Free Advice: NO. The fact is that lawyers charge different prices for different services. You get charged with murder, I'm singing its all about the Benjamins. You get charged with speeding, I'm singing its all about the Lincolns (the copper ones and those half-dime paper notes). The fact is I wouldn't pay over $100 for a traffic citation in the DFW area, I can't speak for the rest of Texas and wouldn't try to. You can shop around and beat $100 but be careful because you get what you pay for. If you go too cheap then you will be one of many the attorney is representing and he/she is liable to just accept whatever deal the prosecution wants to give just to get to the next client file to get that deal done. Next thing you know your attorney has gotten 50 deals just by being a "yes man" to the prosecutor. I think that sucks. Anyway, lets illustrate this process: You get a ticket for $300. You hire an attorney for $100 to represent you. Now you don't have to go to court and you aren't just paying the first number the state throws at you. Don't ever do that. So the attorney goes to court on your speeding ticket, what do you get for your money? Well, many tickets get dismissed by attorneys because we know the right questions to ask (or we should). So that's what your $100 bought, a ticket fine of $0.00. You just bought $300 for $100. That's why you hire an attorney to represent you on a traffic ticket. Let's say the attorney can't get the ticket dismissed, well at the very least the state will decrease your fine and its been my experience the state will drop the price at least $100 so the attorney pays for him/herself and you didn't have to go to court. In the event that you pay for an attorney and he/she can't even get the fine reduced enough to pay for themselves, chew some ass, you should. Another reason to hire an attorney: Many times the court will tell a non-attorney that they can only have deferred adjudication (so it won't go on your driving record) if they take some stupid driver safety class. How lame. If your attorney comes back to you and says "I got this sweet deal for you but you have to take a driver safety class." Cut that attorney off and again, chew some ass. I cannot stress enough that I can only speak for the DFW area and welcome other attorneys (or non-attorneys such as bakers, chemists, milkmen, Ups Drivers, NFL quarterbacks, and Tv-Preachers) to chime in.

Address

2779 Sunvalley Dr
Grand Prairie, TX
75052

General information

Personal Injury, DWI, Divorce, Criminal Records Erased, Criminal Law

Opening Hours

Monday 06:00 - 18:00
Tuesday 06:00 - 18:00
Wednesday 06:00 - 18:00
Thursday 06:00 - 18:00
Friday 06:00 - 18:00
Saturday 06:00 - 18:00
Sunday 06:00 - 18:00

Telephone

(469) 219-7616

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