In 2005, information began to emerge indicating that Paxil may cause birth defects in children.  Pregnant women who took Paxil during early pregancy may have children born with defects that include congenital heart defects, pulmonary or lung problems, neural-tube defects, brain and spinal cord issues, craniosynostosis or abnormally shaped skull issues, infant omphalocele or abdominal wall defect issues, club foot or anal atresia.

According to a study published by the American Journal of Obstetrics and Gynecology, fetuses exposed to Paxil during early pregnancy are more than twice as likely to be at risk for heart defects.  In 2006, The New England Journal of Medicine published a study showing that women taking anti-depressants have six times the risk of infants developing persistent pulmonary hypertension of newborn (PPHN), a potentially fatal lung defect.  Further, a 2007 study in the same journal showed that women taking anti-depressants prenatally are more than twice as likely to have infants with skull and intestinal deformities.

If you or a loved one took Paxil while pregnant and had a child born with any of the birth defects described above, please contact us immediately to discuss your legal options.

A question commonly asked is: “What happens if I am sued and a judgment is obtained against me?” Once a judgment becomes final, a creditor can begin the process of collecting the debt.  One of the more common collection methods is requesting the court to issue a writ of execution.  This writ orders the sheriff to collect and sell any non-exempt assets of the debtor to satisfy the judgment.

The thought of the sheriff showing up at your home and gathering up and selling everything you own is terrifying. However, Texas law provides some protection by making certain assets exempt from execution.

Sections 41 and 42 of the Texas Property Code outlines exempt property.  While not a complete list, exempt assets include: 

1. Your homestead;
2. Personal property of various categories specified by statute up to an aggregate fair market value of $60,000 for a family and $30,000 for a single adult. This can include: (a)  home furnishings; (b)  provisions for consumption; (c)  farming and ranching vehicles and implements; (d)  tools and equipment used in trade or business; (e)  wearing apparel; (f)  jewelry not to exceed 25% of the exemption limits; (g)  two firearms (h)  athletic and sporting equipment, including bicycles; (i)  a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of the family who holds a driver’s license or who is not licensed but relies on another person to drive the vehicle for him; (j)  two horses, mules or donkeys and a saddle, blanket and bridle for each, 12 head of cattle, 60 head of other livestock, 120 fowl; and (k)  household pets.
3. Current wages for personal services, except the enforcement of court-ordered child support; however, wages lose their exemption once deposited into a bank account;
4. Unpaid commissions for personal services not to exceed 25% of the aggregate limits;
5. Professional prescribed health aids of the debtor or his dependent;
6. Certain retirement benefits and funds;
7. College savings plans;
8. Workers’ compensation payments;
9. Cemetery lots held for the purpose of sepulcher;
10. Property that the debtor sold, mortgaged or conveyed in trust if the purchaser, mortgagee or trustee points out property of the debtor sufficient to satisfy the judgment;
11. Assets in the hands of the trustee of a spendthrift trust for the benefit of the judgment debtor;
12. Certain insurance benefits;
13. Alimony, support or separate maintenance payments received or to be received by the debtor for his support or the support of his dependents;
14. Certain retirement plans such as IRA’s, Roth IRA’s, health savings plans, annuities; and
15. Welfare benefits paid or payable to the debtor.

It should be noted that the above exemptions apply to individuals only and there are no exemptions that apply to corporations or other business entities. 

You may be charged or arrested for a crime that does not appear all that serious like an open container, public intoxication or minor in possession of alcohol.  These type offenses are normally Class C misdemeanors that do not carry any potential jail time and only have a relatively small fine attached.  Many of you will simply contact the justice of the peace, pay the fine and move on.  While this is a cheap and easy way to resolve the matter, you may have just permanently attached the charge to your criminal record.

More and more employers are taking advantage of the ease the internet provides in running background checks and other searches for personal information about potential employees.  With the competition for good jobs, scholarships, grants, spots in grad schools, etc. getting fiercer each day, you cannot afford to have a criminal record.

I cannot tell you the number of former students who have contacted me in the process of applying for a new job, switching jobs or even competing for a promotion at their current jobs only to learn that old public intoxication charge from college that they had originally thought nothing about is showing up on a criminal history report and causing them problems.  Most of them, I have to give the bad news that there is nothing that can be done.

Time is of the essence with these charges.  If you choose to simply pay the fine and move on, the options available to later remove the charge from your record become very limited and in most cases there is nothing that can be done.  If you find yourself charged with any criminal offense, no matter how minor it may seem, I encourage you to contact an attorney to assist you.

• Difficulty getting your driver‘s license and insurance card.  Always keep these items in a location that is easily accessible.  Take your time when getting and presenting them to the officer.
• Blood Shot Eyes.  Keep Visine in your vehicle and use it.
• Odor of alcohol coming from your breath or from inside the vehicle.  Brush your teeth or chew gum and drive with the windows down.  Avoid Listerine or other mouthwashes that contain alcohol.
• Slurred Speech.  Speak as little as possible and only enough to answer the officer’s specific questions.  REMEMBER: EVERYTHING YOU SAY IS BEING RECORDED.

So many times criminal cases are made against individuals not by law enforcement officers but by the person being accused themselves. I cannot count the number of cases that are made without any evidence other than the statements or actions of a defendant. When confronted by law enforcement, almost without fail, people make the mistake of attempting to explain away or outsmart the officer and, almost without fail, the person is unsuccessful. The penitentiary is full of people who have attempted to talk their way out of criminal allegations.

If you find yourself under investigation, accused or arrested for a crime, you must remember these two extremely important things:

1. Your 5th Amendment Right to Remain Silent – If you are confronted by law enforcement you have an absolute right to remain silent. This not only means you have a right to be quiet and not speak but also means you do not have to act. For instance, if you are pulled over and the officer asks you to do field sobriety testing, you have an absolute right to refuse. While there are people who might be able to talk their way out of an arrest, I have never met one. Law enforcement officers are trained to elicit information from you and no matter how believable, logical or clever you believe your story is, odds are, it’s not.

2. Your 6th Amendment Right to Counsel – It’s as simple as “I want to speak to my lawyer.“ Since the discovery and application of DNA testing in criminal cases, hundreds of falsely accused people have been exonerated and set free. Many of these convictions were based on confessions of the accused given after hours of interrogation by police. When asked why they would confess to a crime they did not commit, they all say that confessing was the only way they could see to get the questioning to stop. If they only knew that simple phrase, many of these people would have never been convicted. The law requires officers to cease all questioning with this simple statement. Nothing makes an officer or prosecutor’s job easier than a person who continues talking. If you find yourself being questioned by an officer, either at the station or on the roadside, do not do their job for them, remember that phrase and tell them “I want to speak to my lawyer.”