Frequently Asked Questions

Call (956) 317-1167, send a WhatsApp message to (956) 500-1371, or use the form at /contact. The firm responds to most inquiries the same business day.

A short intake call helps us understand the matter and confirm whether the firm can help. If we can, we schedule a consultation and tell you what to bring. If we cannot, we will tell you and try to point you to a qualified colleague in the Valley.

For personal injury and most criminal defense intake calls, the initial consultation is free. For some family-law and immigration matters, a flat consultation fee applies and is disclosed before the appointment.

Personal injury cases are accepted on a contingency fee: you owe nothing unless we recover for you.

Criminal defense, family law, and immigration matters are typically flat fee or hourly, depending on the case. We quote fees in writing before any engagement.

The office is at 206 N Britton Ave, Ste B, Rio Grande City, TX 78582-3870. We are three blocks from the Starr County Courthouse.

Yes. The Law Office of J.M. Chema Garza is a personal-attention practice. The attorney handles every case directly. There are no call centers or screeners between you and your lawyer.

No. Texas law protects all clients regardless of immigration status, and the attorney-client privilege applies the same way. We routinely represent green-card holders, DACA recipients, visa holders, and undocumented clients across all four practice areas.

Your immigration status is generally confidential and is not disclosed unless your matter requires it.

Yes. Video consultations are available for clients who cannot travel to Rio Grande City. For seriously injured clients, the firm conducts hospital and home visits in Starr, Hidalgo, Cameron, and Webb Counties.

For detained clients, we coordinate jail or detention-center visits as quickly as facility rules allow.

For personal-injury matters, you do not pay anything upfront; the firm is paid only if there is a recovery, on a contingent-fee basis.

For criminal-defense, family-law, and immigration matters, the firm offers written payment plans when appropriate. The terms are documented in the engagement agreement before any work begins. Call to discuss; many matters that look unaffordable have a workable structure.

Yes. The attorney is a native Spanish speaker and was raised in Roma, in Starr County. Spanish is spoken at every step, from intake through final hearing.

For families more comfortable in Spanish than English, the firm will conduct strategy meetings, sign engagement agreements, and explain court documents in Spanish. We work fluently in the Rio Grande Valley variety of Mexican Spanish.

Yes. The WhatsApp line at (956) 500-1371 is monitored 24/7 for urgent matters: arrests, immigration encounters, hospital intake. Send a short message describing the situation and the firm will respond as soon as possible.

For non-urgent matters, please call the office line at (956) 317-1167 during business hours and you will receive a same-day reply.

A government-issued photo ID and any documents directly related to your matter. For personal-injury: the crash report, photos, insurance cards, medical bills, and any communications from insurers. For criminal: the bond paperwork, the citation or indictment, any property receipts, and the DIC-25 if a DWI. For family law: the prior decree or order, any prior pleadings, and a one-page chronology of recent events. For immigration: passports, prior USCIS receipts, the I-94, prior denial letters, and any criminal-history documents.

If you do not have any of these, come anyway and bring what you have. We will figure out the rest together.

Yes. Communications with the firm for the purpose of obtaining legal advice are protected by the attorney-client privilege under Texas Rule of Evidence 503 and federal law. The privilege belongs to the client and survives even if you do not ultimately retain the firm.

Bring a relative for translation only if you trust them with the information; the presence of a non-client third party can sometimes waive privilege. Inform the firm in advance so we can structure the meeting properly.

Yes, for the initial inquiry and for scheduling. A family member can call to set up a consultation, ask about hours, or describe what happened in general terms.

Substantive case strategy and confidential information are only shared with the client unless the client signs a written authorization. If you are detained and a family member calls on your behalf, we will set up a jail call or video meeting as soon as possible.

Call 911 if anyone is hurt. Take photos of the scene, the vehicles, and any visible injuries. Get medical attention the same day if you can.

Do not give a recorded statement to the other driver's insurance company before talking to an attorney.

Most Texas personal-injury claims have a two-year statute of limitations from the date of the injury. Some claims have shorter deadlines.

Your own uninsured / underinsured motorist (UM/UIM) coverage may pay. Texas requires insurers to offer UM/UIM coverage unless the policyholder rejects it in writing.

Texas follows modified comparative fault. You can still recover as long as you are 50 percent or less at fault, though your recovery is reduced by your percentage of fault.

Almost never without legal advice. The first offer is calibrated to close the file before you have completed treatment, before you have lost wages calculated, and before you have a lawyer who knows what the case is worth.

A signed release ends the case forever, even if your injury turns out worse than thought. Consult a lawyer before signing anything.

A wrongful-death claim under Texas Civil Practice and Remedies Code chapter 71 allows the surviving spouse, children, and parents of a person killed by another’s negligence to recover their own damages, including loss of companionship, mental anguish, loss of inheritance, and pecuniary loss.

Siblings, grandparents, and stepfamily generally do not have standing. The deadline is two years from the date of death; for cases against a governmental entity, a six-month written notice deadline may apply.

A premises-liability claim may apply. Under Texas law, the duty owed depends on whether you were an invitee (customer in a store), a licensee (social guest), or a trespasser. Slip-and-fall, falling-object, inadequate-security, and dog-bite cases are common premises claims in the Valley.

Photograph the hazard immediately, identify witnesses, and request the incident report before leaving. Premises evidence disappears fast.

A commercial-truck case has federal regulations (FMCSR), electronic evidence (ECM, ELD, fleet cameras), corporate defendants with substantial insurance layers, and much shorter evidence-preservation windows than a regular car case.

A written preservation-of-evidence letter should go out within seventy-two hours of the crash, before camera footage and engine data are overwritten.

Generally, no. You have the right to remain silent and the right to an attorney. Use both. Call us before speaking with law enforcement.

Same day. A DWI arrest in Texas triggers a 15-day ALR deadline; we move on that first.

Yes. The attorney is admitted in the U.S. District Court for the Southern District of Texas and handles federal indictments out of the McAllen and Brownsville divisions.

Some charges can be expunged or sealed under Texas non-disclosure law if the case is dismissed or after a successful deferred adjudication. We will tell you whether your case qualifies.

Options depend on the substance, the quantity, and your criminal history. For small-quantity marijuana cases, county-court programs (pretrial diversion or deferred adjudication) may be available. For felony controlled-substance cases, the analysis includes suppression motions on the stop and the search, plea negotiation, and trial preparation in parallel.

Call before the first court setting; the early decisions shape the entire case.

Some matters can be expunged (Code of Criminal Procedure chapter 55) and others can be sealed by order of non-disclosure (Government Code section 411.0716 et seq.). Eligibility depends on whether the case was dismissed, whether you completed deferred adjudication, and the type of offense.

A short eligibility check by the firm is often enough to tell you whether to pursue the petition. Some immigration-relevant matters cannot be erased for federal purposes even if state record is sealed.

A family-violence finding under Texas Code of Criminal Procedure article 42.013 attached to a conviction triggers a federal lifetime firearms prohibition under 18 U.S.C. 922(g)(9) and may trigger deportability for non-citizens under the Immigration and Nationality Act.

Negotiating a plea without the finding (often to a non-family-violence offense) is the central strategic move in many of these cases.

Both Texas and federal law criminalize firearm possession by certain prior felons. A federal 18 U.S.C. 922(g)(1) case is prosecuted in the McAllen or Brownsville Division and carries up to ten years of federal time, with the federal Sentencing Guidelines applying.

Suppression of the search and challenges to the predicate prior conviction are common defenses. Call before any interview with ATF or any state investigator.

Texas requires a 60-day waiting period after filing. Uncontested divorces can be finalized shortly after. Contested matters typically take six to twelve months, sometimes longer.

Texas favors joint managing conservatorship in most cases. One parent typically has the right to designate the primary residence. The court considers the best interest of the child.

Texas uses statutory guidelines tied to a percentage of the obligor's net resources, scaled to the number of children. A court may deviate when circumstances require.

Yes. Modifications are available when there has been a material and substantial change in circumstances since the prior order.

Yes. Texas Family Code chapter 85 authorizes Protective Orders when family violence has occurred and is likely to occur again. The application is filed in district court (often with the District Attorney’s assistance for victims), with a temporary ex parte order possible and a full hearing within fourteen days.

A Protective Order can prohibit contact, prohibit going near the home or work, prohibit firearm possession, and order temporary support. The firm represents petitioners and respondents in protective-order matters.

Texas Family Code section 153.009 allows a child twelve or older to confer with the judge in chambers about the child’s preference regarding the person who will have the exclusive right to designate primary residence.

The judge considers the preference but is not bound by it; the standard remains the child’s best interest. Younger children may be heard through other procedural tools but not by the same right.

Yes. Family Code chapter 157 provides for enforcement of conservatorship, possession, and child-support orders by contempt motion. Remedies range from confinement to wage withholding to suspension of licenses.

Document every missed exchange or payment with dates, screenshots, and witness statements. Bring the documentation to a consultation.

Texas presumes Joint Managing Conservatorship (JMC) is in the child’s best interest unless rebutted by evidence of family violence, neglect, or other concerns. In JMC, both parents share rights and duties, with one typically having the exclusive right to designate primary residence.

Sole Managing Conservatorship (SMC) gives one parent exclusive rights and duties; the other parent is a Possessory Conservator with visitation. SMC is appropriate where evidence shows JMC would not serve the child.

It depends on the relationship and country. Spouse-of-US-citizen petitions are typically the fastest. Sibling petitions can take more than a decade.

Sometimes. The analysis depends on family relationships, prior immigration history, and the availability of waivers. We review every option.

You have the right to remain silent and the right not to open the door without a judicial warrant. Save our number and call as soon as it is safe.

Often, yes. Certain convictions trigger inadmissibility or deportability under federal immigration law, even for offenses that look minor at the state level. Some Texas convictions also count as "crimes involving moral turpitude" or "aggravated felonies" for federal purposes regardless of the Texas label.

We evaluate the full criminal history before filing anything. A deferred adjudication that is "off your record" for Texas purposes is generally still a conviction for federal immigration purposes; this is one of the most damaging surprises in immigration cases.

Yes. DACA renewals (Form I-821D plus a fresh Form I-765 work-authorization application) should be filed roughly 120 to 150 days before the current expiration. The firm handles renewals on a flat fee.

New initial DACA applications and advance parole travel requests are case-specific; call to discuss whether your situation qualifies.

Asylum under INA section 208 is available to persons in the United States who have suffered past persecution or have a well-founded fear of future persecution on account of race, religion, nationality, political opinion, or membership in a particular social group.

A one-year filing deadline generally applies from the date of last entry, with limited exceptions. Country-conditions evidence and credible personal testimony are central. Affirmative cases go to USCIS; defensive cases go to the immigration court (for Valley families, McAllen or Harlingen).

Locate the relative using the ICE Online Detainee Locator and identify the facility (Port Isabel, Pearsall, and others serve Valley cases). The lawyer can request a bond hearing before the immigration judge in most cases, with exceptions for mandatory-detention categories.

Time matters. The firm prepares a bond packet (sponsor letter, employment letter, equity ties to the U.S.) the same week.

A Form N-400 naturalization application currently takes roughly nine to fifteen months from filing to the oath ceremony for cases routed through the McAllen Field Office, depending on the month filed.

You may file ninety days before completing the five-year continuous-residence period (or three years for spouses of U.S. citizens). The firm handles full preparation including the English and civics test interview prep.