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C.GONZALEZ 12 1

Your Rights Are A Serious Matter

By Covers, Personal Injury law

Born and raised in the Bordertown of Laredo, Carlos inherited the famous Texas tenacity and grit. After graduating high school, he made his way to San Antonio and began working as an Executive Mortgage Loan Officer. Shortly thereafter he earned his Bachelor’s in Political Science & Government, as well as a Certification of International Studies from Texas A&M International. Despite his early success, he remained unsatisfied. This trend of exemplary work and responsibility may have been enough for most people, but again we find that Carlos isn’t satisfied with the status quo.

As an extremely successful entrepreneur, Carlos found the opportunity to pursue his dream when he sold his construction company to pursue his calling, the law. While attending law school he became a standout student and eventually earned his Doctorate of Jurisprudence. Carlos had finally found the proverbial home for the fire that burned within his soul.

So, who is Carlos D. Gonzalez? He is a man driven by the righteous cause, “Justice for All”. Overused and propagandized by many over the years, the idea has lost some of its punching power. Carlos is breathing fresh life into the ideal that set America apart, founding Carlos D. Gonzalez, PLLC, and providing a haven for those who have been Wronged in Texas. 

 

 

Fortunately, when the desire to help those who’ve been wronged in Texas became a reality, the website www.wrongedintexas.com and phone number 1-800-WRONGED were available. He seized the opportunity and founded Carlos D. Gonzalez PLLC with those powerful assets at his disposal.

Areas of expertise include criminal defense and personal injury. These areas are where your life could be significantly and negatively altered. Whether looking at jail time or a lifelong debilitating injury, Carlos has this message for people “There are times when clients come to me with situations that they would rather not be in and I try to do the best that I can to get them out of that situation. And then, at the end, when everything works out, it’s one of the best feelings because I love to help people that have been wronged.”

Quantity over quality has never been a mindset for Carlos. In a time where people want more and they want “more” now, Carlos took a different path. He knows there cannot be growth, there cannot be quantity, without quality. That is where his focus lies. Carlos states “We pride ourselves on providing excellent client service and taking the time to develop a personalized strategy for each of our clients.” It should be unsurprising then that he is also able to say the following, “Our firm is no stranger to obtaining dismissals.” 

 

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The skill and compassion that Carlos exhibits should be unsurprising, considering he grew up in a family of attorneys. Their successes and missteps were all learning experiences for him. These life lessons, coupled with his ability to fluently communicate in English and Spanish, have opened the door to help as many people as possible across South Texas as he can.

“With Personal Injury, if you or someone you know has been injured in an accident as a result of someone else’s negligence, then you have been Wronged in Texas. For Criminal Defense, you can be Wronged in Texas, as a result of violations of due process, search and seizure and many other constitutional rights that, unfortunately, get violated more than we would like to admit.”

 

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Your rights are a serious matter, and you want someone who holds those values as core beliefs representing you. “We all have constitutional rights that are in place to protect our freedoms and sometimes, those rights are violated. That is not acceptable, and we fight zealously on behalf of our clients to get the best possible outcome. We are committed to our clients and we are there personally to answer any questions one may have every step of the way.”

With a resume full of impressive accomplishments, one highlight that stands out is being named a Super Lawyer-Rising Star by Thomas Reuters. The Rising Stars list recognizes no more than 2.5 percent of attorneys in each state. Carlos D. Gonzalez has earned the respect of his peers as one of the top-rated attorneys in the nation. Another highlight is his recent acceptance to Harvard University’s certification program in Negotiation Mastery. This is an area that Carlos already excelled in due to the experience gained across his pre-legal professional career. When you need someone to negotiate with, what can feel like a cold and impersonal legal system, Carlos is the man you want in your corner. 

 

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What is it that sets him apart? It’s simple really, Carlos explains “We take the philosophy of ‘what if it were one of us’- how would we want to be represented?” 

Phone consultations and zoom conferences are available for those who wish to maintain social distancing protocols, for those that want to meet in person, you can visit one of his offices in San Antonio, Houston or Laredo, Texas.

Call 1-800-WRONGED or visit them at www.wrongedintexas.com for aggressive representation. 

Judge

Three Major Myths about Child Custody in a Divorce Case

By Family law

Misconceptions abound when it comes to divorce in the United States. Perhaps no area is more fraught with misconceptions than child custody. There is a trio of pervasive, persistent myths associated with child custody in a divorce case:

  •   Law favors mothers
  •   Custodial parent can stop parenting time (visitation) if child support is not current
  •   Parents’ rights rule when custody decisions are made

Law Favors Mothers

Time and again, the mantra is repeated that child custody law favors mothers. Mothers repeat this myth, believing that they automatically have a leg up in regard to child custody matters. Fathers gripe because they conclude that they enter a child custody contest on unequal footing with mothers. 

The fact is that at this juncture in the 21st century, child custody laws across the United States are not designed to favor mothers. Rather, child custody laws are designed to provide an equal opportunity to both parents to present their positions in regard to child custody.

 

Custodial Parent can Stop Parenting Time (Visitation) if Child Support is not Current 

Another persistent myth about child custody is that a custodial parent has the ability to put a stop to visitation on his or her own initiative if the noncustodial parent falls behind in child support. In fact, the law and the courts take a dim view to this type of self-help conduct in a divorce or post-divorce setting. 

The reality is that a custodial parent cannot legally halt parenting time of his or her own volition and without court authorization, if the other parent has fallen behind in making child support payments. If a noncustodial parent is failing to appropriately make child support payments, parenting time still continues on uninterrupted unless a judge orders otherwise.

 

Parents’ Rights Rule when Custody Decisions are Made

The final prevalent myth that must be noted is that parents’ rights rule when custody decisions are made. This is patently false.

While it is true that the rights of parents do have a role to play in custody decisions, they do not govern. Rather, child custody determinations in all U.S. jurisdictions are governed by what is in the best interests of a child. In other words, the health and wellbeing of a child is the overarching consideration when a court makes a decision regarding child custody as well as parenting time.

The bottom line is that you must be armed with accurate information about the law and court practice when you find yourself involved in a divorce case. This includes issues surrounding child custody. The surest way to have an accurate understanding of applicable divorce and custody law is to retain the services of an experienced, thoughtful divorce attorney.

 

 

ChildCustody

How to Change Child Custody

By Family law

Child custody tends to be one of the most contentious issues during a divorce case. Moreover, child custody issues can continue to arise after a divorce is granted. For example, the time may come when one or another parent may desire to seek a change of child custody. With this in mind, there are a number of points to bear in mind when a parent is interested in seeking a change in an existing child custody order:

  •   Application of the best interests of a child standard
  •   Material change of circumstances supporting a custody alteration
  •   Motion to change custody
  •   Custody hearing

Application of the Best Interests of a Child Standard 

When a parent desires to seek a change of custody, the same judicial standard used by the court to establish the custodial arrangement in the first place is used. This is known as the best interests of a child standard.

In determining whether a change of custody is appropriate, a court considers if amending the existing order does satisfy the best interests of a child. This is determined on a case-by-case basis and doesn’t use a one-size-fits-all approach.

Material Change of Circumstances Supporting a Custody Alteration

The parent desiring to change custody typically must demonstrate that there has been a significant or material change of circumstances that warrant the alteration. The reality is that stability in the life of a child is important. Changing custody has the potential for upending that stability.

Motion to Change Custody 

The party seeking to change custody must file a motion with the court. This typically is prepared by an attorney. Alternatively, many courts have standard motion to change custody forms a person without legal counsel can use. 

Custody Hearing

Absent an agreement between the parents on a change of custody, the court schedules the matter for a hearing. At the custody hearing, both parents are able to present evidence regarding the sought-after change of custody.

A judge also has the ability to order a home study or similar evaluation by an independent professional in advance of a custody hearing. A home study report and testimony from the person who prepared it can also be presented during a custody hearing.

The decision to seek a change of custody cannot be pursued on a whim. A parent interested in making such a change must give serious consideration to the factors discussed in this article. Above all, a parent needs to focus that consideration on whether or not the desired change of an existing custodial arrangement is in the best interests of a child or children.

 

For more information on child custody and what steps you may need to take, click here.

RecklessDriving

Five of the Most Common Causes of Automobile Accidents

By Personal Injury law

Over 37,000 people die in motor vehicle accidents annually in the United States, according to the National Highway Traffic Safety Administration. Over 2.3 million people are injured or permanently disabled as a result of automobile accidents each year. Because of the high number of people injured, disabled, and killed in automobile accidents, understanding the underlying causes of automobile accidents is helpful. Five of the most commonplace causes of automobile accidents in the U.S.A. are:

  •   Distracted driving
  •   Impaired driving
  •   Exceeding lawful speed limit
  •   Speed in excess of prevailing conditions
  •   Failure to yield

Distracted Driving

Despite a concerted effort by governmental agencies and a variety of organizations to keep drivers focused on roadways, distracted driving remains one of the most frequently occurring causes of automobile accidents in the United States. The sad reality of distracted driving accidents is that the injuries and deaths associated with these catastrophic accidents are completely avoidable if drivers focused on the task at hand and kept their eyes on the road.

The most frequently occurring types of distracted driving accidents include:

  •   Talking on a mobile phone
  •   Texting (alas, texting and driving remains a pervasive motoring hazard)
  •   Talking to passengers
  •   Eating or drinking
  •   Adjusting an entertainment system
  •   Using a GPS

Impaired Driving

Impaired driving remains a major underlying cause of automobile accidents in the United States, indeed around the world. The most regularly recurring type of impaired driving accident involves the driver having used (or even over-imbibed) alcohol.

Despite drunk drivers dominating the impaired motoring category, other situations involving driver impairment exist. These include drivers who take to the road after ingesting certain prescription medications that leave them impaired to some degree.

Presently, there is an ongoing debate regarding the use of marijuana before driving. This discussion has grown more intense as more states have legalized the medical and even recreational use of marijuana.

Driver fatigue is another form of impairment that negatively impacts a driver’s ability to safely operate a motor vehicle. Driver fatigue is a significant problem among big-rig operators who have to make longer, over-the-road hauls.

 

Exceeding Lawful Speed Limit 

Another one of the commonplace causes of automobile accidents is driving in excess of the posted speed limit. The bottom line is that speed limits exist for a reason. A considerable amount of attention is paid to ascertaining the safest reasonable speed for a particular street or highway.

Exceeding the lawful speed limit is particularly problematic and dangerous in two types of special zones. Exceeding the posted speed limit on construction and school zones is a significant cause of automobile accident injuries and deaths every year across the United States.

 

Speed in Excess of Prevailing Conditions 

On a related note, driving at a speed in excess of what prevailing weather or other conditions permit represents another significant cause of automobile accidents annually. Despite the fact that the need to drive more slowly and to keep a greater distance between vehicles during inclement weather is pounded into people’s heads, time and time again drivers operate their vehicles too fast and drive too close to others.

 

Failure to Yield

Some of the deadliest motor vehicle accidents occur because drivers fail to yield the lawful right away. This includes drivers disobeying traffic signals as well as stop or yield signs.

Victims of various categories are injured and killed because of this type of driver negligence or recklessness. These include people in vehicles that are t-boned in an intersection by a vehicle unlawfully failing to stop or yield. These also include pedestrians and bicyclists with the right of way who are injured or killed because of a driver failing to stop or yield as required.

As mentioned at the outset, many automobile accidents have serious and even deadly consequences. As a result, if you are injured in a motor vehicle accident, or if you lose a family member in this type of accident, you best protect your vital legal interests by retaining the services of a skilled, experienced automobile accident lawyer. An injured person is well-served being as proactive as possible when it comes to hiring a car accident lawyer. The typical automobile accident attorney charges no fee for an initial consultation and case evaluation with a prospective client.

 

If you feel like you’ve been wronged in Texas, due to a motor vehicle accident or another legal issue, click here.

For more articles on a variety of legal topics, click here.