Estate PlanningOver almost thirty years of law practice I have experienced a lot of change. Max Lucado says; “if you don’t like change, try the coke machine at my office”. Well Max, I don’t think I like change. It’s inevitable… It’s constant… It’s disruptive… It’s desirable? You see, if I’m honest about it, I enjoy tremendous benefits from advances in technology, science, and transportation. Even the social media that wears down thumbs and clouds rational thought, occasionally delivers good news and brings people together. After all, who wouldn’t like more pictures of their Grandkids delivered with greater efficiency or to reconnect with an old friend? Perhaps what we dislike about change is it’s rapid pace and seemingly indiscriminate impact? Alas, the only thing constant is change.

I say goodbye to a longtime employee of the firm this month, more importantly to a friend. This transition has given us an opportunity to look at how we serve our clients and what we prioritize in our practice. Some claim we’re in the new client business or the rapid expansion business. Some will point to the cash flow and profitability essential to any business. Some will even claim that we are in the law business. There is some truth to these observations, but what we are called to in the practice of law is the people business. I am proud to have come along side countless families to plan for, and to deal with, important transitions in their lives. I am proud to have worked with some outstanding people to deliver these services, including Marie Carapucci. I plan to continue to practice my profession with integrity and compassion, and to remember what we have been called to do.

While many of our clients in Probate and Estate Planning are previous clients and referrals, we still like to make new friends. Call Mr. Bailey if you need help planning for or addressing a transition in your life.

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To set up a free initial consultation, contact us online or call us at 844-402-2992. For your convenience, we answer our phones 24 hours a day, 7 days a week. We will meet with you.


DivorceOne of the common ways divorce litigation ends is with mediation. Mediation is a method of alternative dispute resolution encouraged by the Texas Family Code and the Civil Practice and Remedies Code. In mediation the parties meet with a neutral who talks with the parties and explores the issues to see if there are areas of agreement. It is not binding. The parties are not required to agree. The mediator does not issue a decision, unlike an arbitrator or a judge.

When a mediation results in a settlement the mediator or one of the attorneys prepares a mediated settlement agreement to be filed with the court and from that MSA a Final Decree of Divorce. But what happens when one of the parties dies prior to the entry of the decree? It happens. In the last year I have personally seen it. More than once. More than twice.

According to the Second Court of Appeals in Parker vs. Parker (683 SW2d 889 Tx App – Fort Worth 1985, writ refused) unless the MSA contains a rendition and is signed by the court the parties are still married. Thus, the surviving person is widowed, not divorced. The difference can be HUGE as it was in the Parker case. When parties are divorced if the surviving party is listed as a beneficiary or an executor on the deceased parties insurance or on their will the surviving party is instead treated as though they predeceased the deceased party, and thus, the property of money would pass to the other heirs. But if the parties are not divorced? The property passes to the person the decedent intended to be divorced from.

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To set up a free initial consultation, contact us online or call us at 844-402-2992. For your convenience, we answer our phones 24 hours a day, 7 days a week. We will meet with you evenings or weekends upon request.

Beaumont Man Files Premises Liability Wrongful Death Claim

Wrongful DeathAndrew Teel, a Beaumont resident, has filed a wrongful death action against Sienna Apartment Homes, as well as its parent company and property manager, alleging premises liability and gross negligence in the death of his wife and newborn daughter in a shooting that occurred at the family’s apartment complex on June 6, 2017.

According to Beaumont police, Teel’s wife and newborn daughter were returning from a doctor’s appointment with the wife’s mother when they noticed a black Cadillac near the exit to the apartment complex. Teel’s mother-in-law, Mindy Morris, said that a man approached the vehicle, opened the door and opened fire. Teel, who was seven months pregnant, died after arriving at the hospital. The child, delivered prematurely, also died at the hospital.

According to the lawsuit, tenants at the apartment complex had complained numerous times to property managers about the high rate of crime in the area, as well as a number of security concerns. They say that the complex had a broken security gate, a collapsed fence and that security lights were not functional across the complex. They also noted that there were no security cameras or guards at the site.

Under Texas law, the owner/manager of residential or commercial property has a duty to take reasonable steps to minimize the risk of injury to anyone lawfully on the property. That duty has been held by courts in Texas to require that owners and managers take reasonable measures to provide appropriate lighting and security measures.
Police say one suspect has been arrested in the slaying, but that the shooter remains at large.

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At the law office of Bailey & Galyen, we provide a free initial consultation to every client. To set up an appointment with an experienced Texas personal injury law attorney, contact us by e-mail or call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.

Texas Lawmaker Seeks to Repeal Senate Bill 4

DivorceEarlier this month, Fort Worth State Representative Ramon Romero filed a proposal that would repeal Texas Senate Bill 4. SB4, set to become effective on September 1, 2017, cracks down on so-called “sanctuary” cities, municipalities that opt not to give priority to the deportation of undocumented immigrants. The new law will prohibit any municipal policy that involves or promotes less than full cooperation with federal immigration agents. It also establishes fines or jail terms for elected officials who fail to enforce its provisions. The statute gives police the authority to interrogate any detainee about his or her immigration status.

Romero told reporters that he fears the law will lead to boycotts of the state of Texas similar to those in Arizona. That state passed a similar bill last year and became the subject of travel boycotts by many out-of-state organizations. Romero says that at least one group that annually comes to Texas for its convention—the American Immigration Lawyers Association—has already indicated that it will go elsewhere this year.

Advocates for minorities, particularly Hispanics, say the new law unconstitutionally allows racial profiling. They also say that it serves as a disincentive for anyone with a questionable immigration status to report crimes, making them targets of violent crimes. According to the Fort Worth Star-Telegram, a group of teenagers detained there told police that they targeted Hispanics because “they’ve got money and they don’t call the police.”

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At the law office of Bailey & Galyen, we provide a free initial consultation to every client. To set up an appointment with an experienced Texas immigration law attorney, contact us by e-mail or call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.

President Trump’s Budget Request includes $72 Billion in SS Cuts.

Social Security LawThe entire 2018 Budget Proposal, “A New Foundation for American Greatness.” Proposes to cut Federal spending by $3.6 Trillion over the next 10 years. Most of the largest cuts are aimed at discretionary spending, but over $1 Trillion is aimed at programs that provide lower-income Americans with living and medical assistance. (one plan scheduled to be omitted entirely is the low income home energy assistance program)

Some of the proposed SS changes to save $72 Billion include:

Reducing retroactive SSDI payments from 12 months to 6 months prior to the filing date;

Further reducing benefits if more than one person in the house receives SSI Disability

More aggressive recovering of overpayments;

Creating a panel of experts to come up with more benefit reduction ideas.

The Budget also seeks to cut benefits aimed at helping lower income individuals such as:

Dept of Health & Human Services 15.8% – this agency helps people obtain health care
and food;

Housing and Urban Development is slated for a 13.2% cut – this program helps low income families afford houses;

TANF – which provides Temporary Assistance to Needy Families – $21.6 billion in cuts;

Food Stamps/SNAP – $192 billion cut

$610 Billion to Medicaid.

• These numbers are scheduled to occur over a 10 year period.

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To set up a free initial consultation, contact us online or call us at 844-402-2992. For your convenience, we answer our phones 24 hours a day, 7 days a week. We will meet with you evenings or weekends upon request.

Can I file a new bankruptcy case if I have already filed previously?

BankruptcyThe answer to this question is that it depends. If you have filed bankruptcy in the past and you find yourself in a position where you need to file again, you need expert legal advice to make sure you get it right. Job loss, divorce, medical emergencies, business closing, or other unexpected situations can all come together in a perfect storm to necessitate a new bankruptcy filing. No one wants to have to file another bankruptcy case but bad things happen to good people every day. Are you able to file bankruptcy again? The answer is usually “yes” but you have to be careful to get the timing of your case right if your goal is to receive a new discharge on your outstanding debt. Below is a brief outline of the filing time periods between cases filed to receive a discharge in the subsequent bankruptcy filing:

Chapter 7 Discharge Chapter 7 8 Years
Chapter 7 Discharge Chapter 13 4 Years
Chapter 13 Discharge Chapter 13 2 Years
Chapter 13 Discharge Chapter 7 6 Years – Unless you paid all your unsecured creditors in full in the Ch. 13 or you paid at least 70% of the claims filed in your case and you proposed your case in good faith and it was your best effort

*If your case has been dismissed and not discharged, then the filing time requirements do not apply; However, you may still be subject to additional filing requirements.

Even if you filed a previous case and received a discharge, either a Chapter 7 or a 13, you may still want to file a new Chapter 13 to protect you from foreclosure, vehicle repossession or tax garnishment if you find yourself in any of these circumstances. You may not receive a discharge but you can protect your property and pay back these debts on your own terms.

Remember, your choice in attorney matters and you need an experienced bankruptcy attorney to review your case. Contact our office today for a free consultation to see if a new case is right for you.

Contact Us

To set up a free bankruptcy consultation, contact us online or call us at 844-402-2992. For your convenience, we answer our phones 24 hours a day, 7 days a week. We will meet with you evenings or weekends upon request. Remember, your choice in attorney matters.

Adverse Side Effects from Mesh Implants

Experienced Medical Product Liability Attorneys—Hernia Mesh


If you’ve had surgery to repair a hernia in the past few years, or even as long ago as the late 1980s, there’s a chance that a surgical mesh was implanted as part of the process. The mesh is a loosely woven sheet that may be made from organic or inorganic materials, and that may dissolve over a period of time or may be permanent. You may have had mesh implanted in a laparoscopic procedure or in what is known as “open repair.” The mesh is designed to reinforce weakened or damaged tissue, and to minimize the risk of a recurrence of the hernia.

The implantation of hernia mesh has been linked to a number of adverse health complications, including infection, bowel obstruction, severe pain, perforation of internal organs, adhesion and mesh failure (leading to recurring hernias). The FDA has received reports of injuries caused by mesh shrinkage, as well as movement or migration of mesh after surgery. As a consequence, a number of surgical mesh products have been subject to recall.

Do You Have a Claim?

Our experienced lawyers will carefully review your case, looking at medical records and gathering evidence to support a claim for damages. To qualify for a consultation with our experienced team, you must show the following:

  • You’ve had at least two or more hernia repair surgeries using surgical mesh (either implant or explant)
  • At least one of the surgeries was done after January 1, 2010

We will make exceptions to the following conditions if:

  • You have a second hernia mesh surgery scheduled, with a specific date and location
  • You have medical records that document that the mesh implanted was either Physiomesh or C-QUR mesh
  • Your doctor will testify that he/she believes that a hernia mesh implantation has caused you injury, but also believes that the mesh cannot be removed without the potential for serious injury

Contact Our Office for a Free Initial Consultation

You may have concerns about the potential cost of pursuing recovery for a hernia mesh injury. Our experienced attorneys are dedicated to helping you get full and fair compensation for all your losses. For that reason, we take all personal injury claims on a contingency basis. You won’t pay any legal fees unless we recover damages on your behalf.

There’s no charge to discuss your potential hernia mesh injury with us. Contact our experienced medical device injury trial lawyers today to schedule an appointment. We represent injured people throughout the United States.

Supreme Court Allows Limited Version of Travel Ban

DivorceThe United States Supreme Court issued an unsigned order on Monday, allowing a very limited version of the travel ban the President attempted to implement by executive order in January. The original travel ban would have imposed a total ban, for a period of 90 days, on entry into the United States by citizens from Iraq, Syria, Libya, Iran, Somalia, Yemen and the Sudan. It also sought to indefinitely suspend any entry into the country by refugees from Syria. After a number of federal courts ruled the order unconstitutional, the President revised it to limit the ban on refugees from Syria to 120 days.

The ruling handed down by the Supreme Court mandated a compromise—the court said that the ban could go forward, but that the government could not prohibit anyone with a “bona fide” connection to the United States from coming into the country. That might include having a job or having been accepted to an American University, or it might involve having a family member currently legally residing in the United States.

The court found that the total ban exceeded the president’s scope of authority under the Constitution, but also ruled that a complete freeze on the ban by lower federal courts went too far. Specifically, the court said that, when a foreign national has no ties to the United States, the “government’s interest in enforcing the executive order, and the Executive’s authority to do so, are undoubtedly at their peak.”

The court’s opinion made it clear that the current ruling is only temporary, as the justices said they will hear oral arguments in the fall on the fundamental issues in the case—religious freedom and the breadth of the president’s powers to protect the nation. However, the court suggested that the administration should use the ensuing months to review and revise its vetting procedures for persons entering the country. The court said it “fully expect[ed] that the relief we grant today will permit the Executive to conclude its internal work and provide adequate notice to foreign governments within 90 days.” Accordingly, if the administration completes that process before the fall term starts for the Supreme Court, the issue may be moot.

Critics of the travel ban fear, however, that the president may be emboldened to try to extend the travel ban or even make it permanent.

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At the law office of Bailey & Galyen, we provide a free initial consultation to every client. To set up an appointment with an experienced Texas immigration attorney, contact us by e-mail or call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.

What happens to my case if I move out of Texas?

DivorceSince you have lifetime medical benefits for the injuries that have been deemed accepted by the insurance carrier, you can pick up treatment wherever you move. You would need to locate a doctor that is willing to treat you for your workers’ compensation claim. Once you find a doctor, you would simply provide them with the insurance carrier’s information: Adjuster’s name, phone, fax, and claim number, so that they can submit their bills accordingly.

Of course, this is easier said than done, since it’s already hard enough to find doctor’s in Texas that will handle a workers’ compensation claim. It significantly helps if there are no disputes on your claim, which might make out-of-state doctors more apprehensive in becoming your treating physician. It’s also very important to make sure that all the injuries have been documented and accepted prior to moving if at all possible.

If there are disputes pending, or you are in the process of fighting to get your case accepted and for reasons out of your control you must move in order to be closer to your support group, you would be able to attend any hearings by phone. You would not be expected to return to Texas for your hearings. It would definitely be in your best interest to have an attorney be involved to assist you in these matters, especially when your money benefits or medical treatment can easily be disrupted by the insurance carrier during your move. Please call us today so you can understand your rights, and what to expect in this very trying time of your life.

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To set up a free initial consultation, contact us online or call us at 844-402-2992. For your convenience, we answer our phones 24 hours a day, 7 days a week. We will meet with you evenings or weekends upon request.

SSA is not going to sustain you in your golden years.

DivorceThe first US Disability Program was the Civil War Pension program which began during the civil war in 1862. It provided benefits for soldiers with disabilities “incurred as a direct consequence of . . .military duty.” Widows and orphans could receive pensions equal in amount to that which would have been payable to their deceased solider if he had been disabled. In 1890 the link with service-connected disability was broken, and any disabled Civil War veteran qualified for benefits.

In 1906, old-age was made a sufficient qualification for benefits. So that by 1910, Civil War veterans and their survivors enjoyed a program of disability, survivors and old-age benefits similar in some ways to the later Social Security programs. By 1910, over 90% of the remaining Civil War veterans were receiving benefits under this program, although they constituted barely 0.6% of the total U.S. population of that era.

Following the outbreak of the Great Depression, poverty among the elderly grew dramatically. Around 1934 over half of the elderly in America lacked sufficient income to be self-supporting. A spurt of pension legislation was passed by several states in the years leading up to the passage of the Social Security Act. However, these programs were generally inadequate and ineffective. Only about 3% of the elderly were actually receiving benefits under these states plans, and the average benefit amount was about 65 cents a day.

The Social Security Act that we know was signed into law by President Rooselvelt in 1935. In 1939 it was amended to include spouses and minor children of retired workers and the family in the event of a premature death of a covered worker.

Disability benefits were added and enlarged to cover disabled persons of any age by 1960.

There have been multiple changes to the program recently – incentives to return to work and attempts to keep the program from running into the red. The baby boomers – the largest group of tax payers in SS history, are retiring. So more people than ever are going to be drawing retirement while less people are paying in. In order to keep the program from failing altogether, SSA is cutting benefits, delaying retirement age and trying to reduce fraud and abuse.

The generation of workers currently paying in cannot count on SSA to be there when they hit retirement age. They cannot count on it for income replacement should a disability occur. There may be some benefits, but it will not be enough to live on. The idea of doing a little good for many being the objective means that no one can rely on this benefit alone.

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To set up a free initial consultation, contact us online or call us at 844-402-2992. For your convenience, we answer our phones 24 hours a day, 7 days a week. We will meet with you evenings or weekends upon request.

I’ve Been Sued!

DivorceNothing makes one’s stomach tie up in knots faster than being served with a creditor lawsuit. It’s hardly ever a good thing when the sheriff or constable is looking for you to serve you with legal documents. So, you’ve been sued. Now what? There are basically three options you can choose:

  1. Respond to the lawsuit and defend yourself against it.
  2. Do nothing and wait and see what happens.
  3. File bankruptcy to stop the legal proceedings in their tracks.

Lawsuit Defense:

There are defenses to a creditor lawsuit. They include denying the debt is yours (maybe fraud or identity theft); the debt is too old to be collected under state law (statute of limitations defense); or that the suit is brought by a party that doesn’t have a right to collect on the debt (standing defense). While all of these may be worthwhile defenses and may help you out of that particular lawsuit, there’s a chance there is another lawsuit right behind it from a different creditor. You will need an attorney to help you with these strategies in each case and that can be costly if you sit back and handle one case at time. Why handle one creditor at a time and pay attorney’s fees each time? This “pay-as-go” approach can be costly and nerve racking as you wait and see who is next to come looking for you in court!

Doing Nothing Approach:

If you choose to do nothing, then that lawsuit is likely to turn into a default judgment. That default judgment may then be collected a number of ways such as a garnishment on your non-exempt property that may include your cash accounts. It is also likely to be recorded in the county where you have property so that it can follow you around for 10 years, only to be renewed when that 10 year period is up. The default judgment will also show up on your credit report. A default judgment is a “head-in-sand” approach that doesn’t work very well and doesn’t provide any final resolution.

Filing Bankruptcy:

Two of the sweetest words in bankruptcy are “automatic” and “stay.” This means just as soon as you can notify the court where the lawsuit is pending, the lawsuit proceeding stops in its tracks. The underlying debt is likely dischargeable in the bankruptcy and so the lawsuit is essentially resolved with the bankruptcy filing. Have more debt to file bankruptcy for? This is a “two (or more) birds, one stone” approach that could make more economical sense if you are looking to spend your legal dollars wisely. If you hire an attorney to handle that one lawsuit but you know you have so many other creditors out there looking for you, why not resolve all of it at once with a bankruptcy filing for the cost of what defending that one lawsuit would set you back?

Contact Us

To set up a free bankruptcy consultation, contact us online or call us at 844-402-2992. For your convenience, we answer our phones 24 hours a day, 7 days a week. We will meet with you evenings or weekends upon request. Remember, your choice in attorney matters.


Three Misconceptions About Estate Planning


Seventy percent of Texans never get around to preparing for their death or disability. They rationalize that when they get old or sick or hurt they will see a lawyer about some documents to protect their family. This is like waiting to put on your seat belt until you anticipate you’ll be in an accident. It doesn’t work.


This ranks up there with “I ain’t got nothing” and “Let em sort it out when I’m dead” as shortsighted selfish strategies. It may eventually work out after the family has spent way too much time and money, and all hope for peaceful resolution has been lost.


Most Texans can get basic estate planning for less than $800. This includes an experienced attorney who can answer questions, and perhaps more importantly ask the right questions to build a plan that could last for many years. A well drafted Will, Statutory Durable Powers of Attorney for Business/ Finance and one for Healthcare with a combination Advance Directive to Physicians may be all the planning you need for the rest of your life. Mr. Bailey consults with individuals and couples for 30-45 minutes initially and once estate planning documents are reviewed and approved most people are able to visit the office of their choice to execute the documents within a few days. We love to help families plan for the future and would be honored to help you plan for yours.

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To set up a free initial consultation, contact us online or call us at 844-402-2992. For your convenience, we answer our phones 24 hours a day, 7 days a week. We will meet with you

Understanding the Different Types of Child Custody

Divorce“No man’s life, liberty, or property are safe while the legislature is in session.”
~ Mark Twain or Gideon J. Tucker.

The Texas legislature meets every two years. Each legislature there are a plethora of bills introduced involving Family Law. One of the bills that came up this time was House Bill 453 which dealt with equal custody. It died in committee. This past weekend several supporters of HB 453 held a rally in Austin outside the capital building.

I believe Custody is very misunderstood. People frequently come into my office saying they want Sole Custody or Joint Custody or Full Custody or any number of other things. However in Texas we don’t even have custody. We have Conservatorship. Equally important, Custody and Conservatorship are not the same thing.

Conservatorship deals with rights and duties. It is defined in Chapter 152 of the Texas Family Code. For instance, who gets to see the report cards, who should know about and attend the choir concert, who should decide whether or not the child has their tonsils taken out. If you believe both parents should play a part in making these decisions, congratulations you believe in Joint Managing Conservatorship which is the standard in Texas.

Next the Family Code deals with Possession and Access. This is found in Chapter 153 of the Family Code. This is the section of the Family Code I believe people are talking about when they use the terms custody and visitation. Next time you have a copy of the family code search it thoroughly. You won’t find the words custody or visitation anywhere.

I will be the first to tell you the Family Code isn’t perfect. At times I don’t even think it is good. But, I think the legislature did its dead level best to make the best situation for children of a truly horrible situation. At a rally last weekend Shelly Toner, a child activist from San Antonio, speaking to the crowd said “When somebody wins custody, somebody loses, but children also lose,” “Moms can’t be dads, and dads can’t be moms.” I agree with her. But too often parents focus on winning and losing as parents. The court is charged with acting in the best interest of the children. Over the years I have handled literally thousands of cases involving children and I can tell you almost universally children want to live with both parents. But as a practical matter this is almost impossible to do with divorced parents except in the rarest of circumstances. A child will primarily reside with one parent and visit the other.

Here is where I think the legislature got it right. The standard possession and access order is just inconvenient enough on both parents that the only way everyone will be happy is if they cooperate and the standard possession schedule has that provision included: THE PARTIES SHALL HAVE POSSESSION OF THE CHILD AT ALL TIMES MUTUALLY AGREED TO IN ADVANCE. Failing mutual agreement, the following shall apply…. Thus the parents are free to do whatever they want. Additionally, and I think this is the part where litigants, lawyers, and even judges get lazy – the standard possession schedule is just there if you don’t take the time to craft something else. The judge is tasked with acting in the child’s (not the parent’s) best interests. The attorneys together with their client need to put together a schedule and present it to the judge that ensures the child has as much time as possible with both parents. According to David O’Connor a child and adolescent psychiatrist from Austin there’s a high connection of kids in the criminal justice arena, at risk for being in the juvenile justice system, at risk of being in the mental health arena and the lack of both parents involved. Equal parenting not only decreases that risk for the child, it decreases conflict among the parents, it decreases the litigation between divorced or unmarried parents.

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To set up a free initial consultation, contact us online or call us at 844-402-2992. For your convenience, we answer our phones 24 hours a day, 7 days a week. We will meet with you evenings or weekends upon request.



DivorceThere are situations where a person may be held criminally responsible for the conduct of someone else. This is called the “Law of Parties.” This is truly a way where a person’s friends can get him in trouble with the law. A person can be held criminally responsible for the conduct of another if the person intentionally does an act which solicits, encourages, directs, aids or attempts to aid another in the commission of an offense. Furthermore, if the offense is a felony, and during the commission of this felony a new felony offense occurs, everyone involved the criminal activity is responsible for both felony offenses. This is true even if only one person intended to commit the new (second) felony offense.


Joe Public and his friend Ron decide to do some shopping at the local mall. Ron has had his eye on a particular shirt for the past two months. Unfortunately, Ron has not been able to save up the $65 to buy the shirt. Ron decides to use the “five finger discount” method to purchase the shirt. Ron hides the shirt in the coat he wore into the store. Ron tells Joe to look out for any security personal. Joe says O.K. Just as they start to leave the store, both Joe and Ron are stopped by mall security. Both guys are arrested for Theft. Joe is arrested for Theft even though it was not his idea to steal the shirt nor was he going to get the shirt. Joe did not benefit from the theft of the shirt in any way. Joe is arrested for Theft because he aided Ron (by being a lookout) in the theft of the shirt.

A person can also be held criminally responsible for the action of another even if the person did not know the person was going to commit the crime.


Joe Public and his friend Kevin, decided they are going to break into a local trading card shop to steal merchandise. Once they are inside the store, they start filling a pillow case they brought with them with sports memorabilia. But to their surprise, the owner of the store is driving by and sees the guys inside the closed store. Joe and Kevin are caught red handed. Joe takes one of the autographed bats he intended to steal and hits the owner over the head. The guys did not know they were caught on the store security video camera. Both guys are arrested for Burglary of a Building and both are arrested for Aggravated Assault. Even though Joe is the one who hit the owner in the head with the bat, the assault offense was committed in the commission of a felony burglary. Both offenses are felonies. Regardless of the fact that Kevin did not know Joe was going to use the bat as a weapon, he will be charged with the offense of Aggravated Assault. Kevin should have anticipated an assault could occur during the burglary.

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