PERSONAL INJURY
How long do I have to file a personal injury claim in Texas?
In most cases, two years from the date of the injury (Tex. Civ. Prac. & Rem. Code §16.003). Some deadlines are much shorter. Claims against a city, county, or the State usually require written notice within six months, and the City of Houston can require notice in as little as 90 days. For a minor, the clock generally does not start until the child turns 18. Do not wait. Evidence disappears quickly, and a missed deadline can end your case.
What if I was partly at fault for the accident?
You can still recover as long as you were not more than 50% responsible. Texas uses a "modified comparative fault" rule (Tex. Civ. Prac. & Rem. Code ch. 33). Your recovery is reduced by your percentage of fault. If you are found 20% at fault, for example, your damages are reduced by 20%. Insurance companies often blame the injured person to pay less, which is one reason to speak with a lawyer before giving a statement.
How much does it cost to hire your firm?
Nothing up front. We handle personal injury cases on a contingency fee, so our attorney's fee is a percentage of what we recover for you. If there is no recovery, you owe no attorney's fee. For example, potential contractual language may include the following: "Case expenses such as filing fees, records, and expert costs are [advanced by the firm and repaid from any recovery / waived if there is no recovery / the client's responsibility regardless of outcome". We explain the fee agreement in writing before you sign anything.
The insurance company called me. Should I talk to them?
Be careful. You ARE NOT REQUIRED to speak with an opposing insurance company. You should report the accident to your own insurer, but you do not have to give a recorded statement to the other driver's insurance company. Their adjuster's job is to pay as little as possible, and what you say can be used to deny or reduce your claim. Do not sign releases or accept a quick settlement before you know the full extent of your injuries. Once you hire us, we handle all communication with the insurance companies.
What if the driver who hit me has no insurance or not enough?
Your own policy may cover you. Texas insurers must offer uninsured/underinsured motorist (UM/UIM) coverage and Personal Injury Protection (PIP), and you have both unless you rejected them in writing. We review your policy, the at-fault driver's policy, and any other sources of coverage, such as an employer's commercial policy.
Can I still file a claim if I am not a U.S. citizen or do not have legal status?
Yes. Your immigration status does not take away your right to be compensated for injuries someone else caused. Texas courts and insurance companies must handle your claim the same way. We understand the concerns immigrant families have, we keep your information confidential, and our firm also practices immigration law. Hablamos español.
How do I get a copy of my Texas crash report?
Texas crash reports (Form CR-3) are available through the Texas Department of Transportation's Crash Report Online Purchase System (CRIS). Reports are usually available within about 10 days of the crash. You will need information such as the date, county, and a driver's name or report number. https://cris.dot.state.tx.us/public/Purchase/app/home If you hire us, we obtain the report for you at no cost.
How much is my case worth?
It depends on the facts. Compensation in Texas can include medical bills (past and future), lost wages and earning capacity, pain and suffering, mental anguish, physical impairment, and disfigurement. In a wrongful death case, it can also include loss of companionship and support. Any lawyer who quotes a number before reviewing your medical records and the insurance coverage is guessing. We give you a realistic assessment after we review your case.
Should I see a doctor even if I feel okay?
Yes, as soon as possible. Some injuries, such as concussions, whiplash, and internal injuries, do not show symptoms right away. Prompt medical care protects your health, and it also creates a record linking your injuries to the accident. Gaps in treatment are one of the most common arguments insurers use to reduce claims.
How long will my case take?
Depending on the facts of the case, injuries, the court's docket etc., many cases resolve within several months to a few years once medical treatment is complete. Cases with serious injuries, disputed fault, or a lawsuit can take longer. We do not settle before we understand the full value of your claim, and we keep you updated at every step.
Is it normal for an attorney to ask me for a deposit on a personal injury claim or car accident
NO. Personal injury claims are usually handled on a contingency basis at an agreed percentage of the total settlement amount. At Montes & Guevara, contingency simply means we only get paid if we get you a settlement. It is risk free!
The information on this page is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome. Contact Montes & Guevara Attorneys at Law, PLLC for advice about your specific situation.
CRIMINAL DEFENSE
What happens after someone is arrested in Harris County?
Most people arrested in Houston are taken to the Harris County Joint Processing Center at 700 N. San Jacinto. There they are booked and appear before a magistrate, who informs them of the charges and their rights and sets bail. This usually happens within 24 to 48 hours of arrest. The case is then assigned to a County Criminal Court at Law (misdemeanors) or a District Court (felonies), and a first court date is set. Calling a lawyer immediately can speed up release and protect your rights from the first hearing.
How does bail or bond work?
Bond is the amount or conditions required for release before trial. In Texas the main types are a **cash bond** (paid in full to the court), a **surety bond** (through a bail bond company, usually for a non-refundable fee), and a **personal bond** (release on a written promise to appear, sometimes with conditions). Harris County's rules allow many misdemeanor defendants to be released on personal bonds, but exceptions apply. Bond for violent offenses is more restricted under Texas law. A lawyer can request a lower bond or better conditions.
Should I talk to the police?
No, not without a lawyer. You have the constitutional right to remain silent and the right to an attorney. Politely say, "I want to remain silent and I want a lawyer," then stop talking. Officers are allowed to tell you that talking will help you; it rarely does. Do not consent to searches, and do not discuss your case on jail phones or social media, because those calls and posts are recorded. ALWAYS SPEAK TO AN ATTORNEY BEFORE GIVING A STATEMENT TO LAW ENFORCEMENT OFFICIALS.
I was arrested for DWI. What do I need to do right away?
HIRE AN ATTORNEY. Additionally, act within **15 days**. In Texas, a DWI arrest usually triggers a separate driver's license suspension by DPS. You have 15 days from the date you received the notice of suspension to request an Administrative License Revocation (ALR) hearing (Tex. Transp. Code §724.041). If you miss that deadline, the suspension takes effect automatically. The ALR hearing also gives your lawyer an early chance to question the arresting officer.
Can my criminal record be cleared?
Possibly. Texas offers two main options. An **expunction** destroys the records entirely and is generally available if your case was dismissed, you were acquitted, or you were arrested but never charged (Tex. Code Crim. Proc. ch. 55). An **order of nondisclosure** seals the records from most public and employer background checks and is often available after successfully completing deferred adjudication, and for some convictions (Tex. Gov't Code ch. 411). Eligibility depends on the offense and waiting periods.
Will a criminal charge affect my immigration status?
It can, seriously. Some offenses can lead to deportation, make you ineligible for a green card or citizenship, or result in an ICE detainer. **Deferred adjudication is still treated as a conviction for immigration purposes**, even though it is not a conviction under Texas law. If you are not a U.S. citizen, speak with a lawyer who understands both criminal and immigration law before you accept any plea. Our firm handles both.
Can the victim drop the charges?
No. In Texas, the State, through the District Attorney's office, decides whether to pursue or dismiss a case. A complaining witness can share their wishes with the prosecutor, and a lawyer can help present that information, but the decision belongs to the DA. This comes up often in family violence cases.
Is there a way to avoid a conviction?
Sometimes. Depending on the charge and your history, options may include dismissal, pretrial diversion or intervention programs offered by the Harris County District Attorney's Office, deferred adjudication, a reduced charge, or trial. Each has different consequences for your record and, if you are not a citizen, your immigration status. We evaluate every option before recommending one.
How much does a criminal defense lawyer cost?
It depends on the charge and how the case develops. For example, some contractual language may the following, e.g., "Most criminal cases are handled on a flat fee, and we offer payment plans." We give you the fee in writing at the consultation, with no hidden costs.
The information on this page is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome. Contact Montes & Guevara Attorneys at Law, PLLC for advice about your specific situation.
IMMIGRATION
My family member was detained by ICE. How do I find them?
Use ICE's Online Detainee Locator System at locator.ice.gov. Search with the person's A-number, or with their full name, country of birth, and date of birth. People detained in the Houston area are often held at the Houston Contract Detention Facility or the Montgomery Processing Center in Conroe, but they can be transferred quickly. Call us as soon as possible. Early action matters, especially before any transfer or removal.
Can my family member get out on an immigration bond?
It depends on how they entered the country, their history, and any criminal record. Some people can ask an immigration judge for a bond hearing. The minimum bond is $1,500, and amounts are often much higher. Others are subject to mandatory detention. **Bond eligibility has narrowed significantly since 2025, and the rules are being litigated.** This is one of the most urgent reasons to speak with a lawyer right away.
Can I get a green card through a family member?
Possibly. U.S. citizens can petition for spouses, unmarried children under 21, and parents (if the citizen is 21 or older) without waiting for a visa number. Other relatives, and family of permanent residents, wait in line based on category and country. A major issue is how you entered the U.S. If you entered without inspection, you may have to process abroad and may need a waiver. A few people qualify to adjust status in the U.S. under older laws such as Section 245(i). Get advice before you file. Filing the wrong application can expose you to removal.
Is DACA still available?
USCIS has continued to accept **renewal** requests from current DACA recipients. The status of **first-time** applications has been tied up in federal court litigation for years. If you have DACA, file your renewal 120 to 150 days before it expires.
I was the victim of a crime. Can that help my immigration case?
It may. The **U visa** is for victims of certain crimes, such as assault, domestic violence, or sexual assault, who suffered harm and helped, or are willing to help, law enforcement. It requires a certification from a law enforcement agency or prosecutor. A U visa can lead to a work permit, and eventually a green card. Because our firm also handles criminal and personal injury cases, we often spot U visa eligibility that other firms miss.
I have a criminal record. Can I still apply for immigration benefits?
Sometimes, but have a lawyer review your record first. Certain convictions bar green cards, citizenship, and other relief, and some can trigger removal proceedings once you file an application. Even dismissed or old cases matter, so bring every court document you have to your consultation.
When can I apply for U.S. citizenship?
Generally after five years as a permanent resident, or three years if you have been married to and living with a U.S. citizen. You must also meet continuous residence and physical presence requirements, show good moral character, and pass English and civics tests. Some arrests, tax issues, or long trips abroad can create problems, so get a review before you file Form N-400.
I missed my immigration court date. What happens now?
The judge likely ordered you removed "in absentia," meaning in your absence. In some cases, that order can be reopened, for example if you never received proper notice, or if exceptional circumstances caused you to miss court. Strict deadlines apply, so contact a lawyer immediately.
Can a notario or immigration consultant help me?
No. In the United States, a "notario público" is **not** a lawyer and cannot give immigration legal advice. Only licensed attorneys and DOJ-accredited representatives can. Notario fraud is a serious problem in Houston, and a mistake on an application can lead to denial or deportation. Verify that anyone helping you is a licensed attorney through the State Bar of Texas.
Is there a deadline to apply for asylum?
Yes. You generally must apply within **one year** of your last arrival in the United States, with limited exceptions for changed or extraordinary circumstances. If you fear returning to your country, talk to a lawyer as soon as possible.
The information on this page is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome. Contact Montes & Guevara Attorneys at Law, PLLC for advice about your specific situation.
