Know exactly where you stand before you walk into court.

# Wyatt, Underwood & Grasheim

> Know exactly where you stand before you walk into court.

The worst part of any case is not knowing. A partner reads your matter, tells you what you are actually facing, and handles it start to finish. Criminal defense, family law and personal injury in El Paso, Texas, licensed in Texas and New Mexico.

[Talk to a partner](/#review) · [Call (915) 485-9100](tel:+19154859100)

The case review is free and there is no obligation. Hablamos español.

## The firm in three lines

- **Three.** Partners, and one of them handles your case start to finish.
- **50+.** Years of combined experience in criminal, family and injury law.
- **TX + NM.** Licensed on both sides of the state line.

## What can we help you with?

Six areas, all of them tried in El Paso courts. If your matter falls outside them we will tell you who should have it rather than take it anyway.

### [Criminal law](/practice/criminal)

Charges, probation violations and expunctions. Know what you are charged with, what it carries, and what happens next, before you walk into a courtroom guessing.

Asked first: Am I going to jail for this? Not necessarily. It turns on the level of the charge, your record, and what the evidence actually shows. Many Texas cases end in dismissal, deferred adjudication or probation rather than jail. No lawyer can promise an outcome at the first call. What moves the range is getting the facts reviewed early.

### [Family law](/practice/family)

Divorce, child custody and child support. Get through a divorce or a custody fight without losing time with your children to a filing mistake.

Asked first: Will I lose custody of my kids? Rarely. Texas courts start from the presumption that both parents should be named joint managing conservators, and they decide from the child's best interest rather than which parent files first. Sole custody is the exception, not the default. What matters most is the record you build before the first hearing.

### [Personal injury](/practice/injury)

Accidents and medical malpractice. Find out what your claim is actually worth before an adjuster puts a number in front of you.

Asked first: Who pays for what happened to me? Whoever was negligent, through their insurance. In Texas your recovery is reduced by your share of the blame and barred once that share passes half, so the adjuster's first job is moving that percentage. Medical bills, lost income and future care all count, but only if they are documented.

### [Traffic law](/practice/traffic)

Moving violations and traffic-related warrants. Keep a ticket off your record and a warrant off your name without taking a day off work.

Asked first: Is there a warrant out for me? Possibly. An unpaid citation in Texas can become a warrant without anyone calling you, and the first notice is often a traffic stop. Confirming the issuing court and the status is free and takes minutes. Most traffic matters can be handled without you appearing in court at all.

### [Civil law](/practice/civil)

Wills, trusts, contracts and landlord-tenant disputes. Understand what a contract, a lease or an estate actually obligates you to do before you sign or sue.

Asked first: Can they actually do that to me? Often, yes. A contract, a lease or a will can bind you to terms that feel unfair but are enforceable, and deadlines to contest them are short. Whether something is legal and whether it is worth fighting are different questions. Read what you signed before you decide which one you are asking.

### [Juvenile law](/practice/juvenile)

All juvenile offenses. Keep a mistake at sixteen from following your child into adulthood.

Asked first: My kid got arrested. What now? Texas juvenile cases are handled separately from adult court, and the stated goal is rehabilitation rather than punishment. A record can still follow a child into school discipline, job applications and immigration decisions. Detention hearings move within days of arrest, so the first days matter more than the outcome date.

## Three partners, and all three of them try cases

A small firm in El Paso, licensed in Texas and New Mexico. Between them, more than fifty years of practice and jury trials ranging from driving while intoxicated to murder. The partner who reads your matter is the partner who argues it.

### [Dereck Wyatt](/team/dereck-wyatt), Partner

Criminal law and litigation. He has handled thousands of cases and taken a wide range of them to jury trial, from DWI to murder, and has been called to testify in court as an expert witness.

Juris Doctor, Texas Tech. Double MBA, Loyola University Chicago. Email dereck.wyatt@wuglaw.com.

### [Justin Underwood](/team/justin-underwood), Partner

He began at the El Paso District Attorney's office, prosecuting thousands of cases from misdemeanors to murder and presenting cases to grand juries. He has served as a special prosecutor for the State of Texas, and left the DA's office in 2004 to form the firm.

Named El Paso's Most Outstanding Lawyer by the El Paso Bar Association, 2020. Email justin.underwood@wuglaw.com.

### [Elena Grasheim](/team/elena-grasheim), Managing Partner

She came to the firm from Texas RioGrande Legal Aid, where she provided legal services at no cost under a fellowship. Before that she wrote federal regulations and legal opinions at the United States Department of Agriculture.

The George Washington University Law School. Magna Cum Laude, Our Lady of the Lake University. Email elena.grasheim@wuglaw.com.

## The questions people actually ask first

Answered for El Paso specifically, with the deadlines that apply here.

### What should I do if I have an arrest warrant in El Paso?

Do not ignore it, and do not rely on somebody else's description of it. Confirm the issuing court and the cause number first, because a Municipal Court warrant, a county misdemeanor warrant and a felony warrant all move differently. A lawyer can review the options for surrender, bond and requesting a hearing.

### How long can police hold me before I see a magistrate in Texas?

Texas requires an arrested person to be taken before a magistrate without unnecessary delay and no later than 48 hours after arrest. Separate release rules turn on the State's readiness: broadly 90 days for a felony, 30 for a Class A misdemeanor, 15 for a Class B and five for a Class C, each with statutory conditions and exceptions.

### Can my Texas criminal record be expunged or sealed?

Those are two different things. Expunction is available only in defined situations: some acquittals, pardons, qualifying dismissals, and arrests never charged after the applicable waiting period. Nondisclosure seals eligible records from much public access but does not remove them from every government user. Eligibility turns on the exact charge, the disposition and your history.

### How long does a divorce take in El Paso?

Texas will not finalise one before the 60th day after filing, with limited family-violence exceptions. One spouse generally must have lived in Texas for the preceding six months and in the county for 90 days. Sixty days is a floor, not an estimate: contested custody, property, service and the court's calendar routinely make it longer.

### How is child custody decided in an El Paso divorce?

Texas calls it conservatorship and decides it on the child's best interest. Courts weigh safety, caregiving history, stability and each parent's circumstances. There is no rule that mothers or fathers win by default. El Paso family cases can involve associate judges and local scheduling rules, which affect timing more than most people expect.

### How long do I have to file an injury lawsuit in Texas?

Most Texas personal injury and wrongful death suits carry a two-year limitations period. Claims against a governmental unit usually require notice within six months, and a city charter can impose a shorter one. Minors and other circumstances need separate analysis. Waiting also costs evidence: video is overwritten and witnesses move.

### Can I recover if I was partly at fault?

Texas proportionate responsibility generally allows recovery when you are 50 percent or less responsible, reducing damages by your share. Above 50 percent, recovery is barred. Those percentages are contested questions of fact, so an adjuster's opening position on your fault is an argument, not a finding.

### What happens if I miss the date on an El Paso traffic ticket?

It can add a failure to appear allegation, produce a warrant, or create a hold affecting your license renewal, depending on the court. Check which court is printed on the citation immediately: city tickets usually go to El Paso Municipal Court, while citations written outside city jurisdiction may go to a county Justice Court.

### Can I keep a ticket off my driving record?

Sometimes, through a driving safety course or deferred disposition requested by the citation's response deadline. Eligibility depends on the offense, your record and your licence type, and there are real restrictions for CDL holders and for alleged speeds 25 mph or more over the limit. Paying the ticket is not one of these options; it operates as a conviction.

### What happens when a child is detained in El Paso County?

Texas juvenile jurisdiction generally covers conduct by a child at least 10 and under 17. If the child is not released, a detention hearing generally has to happen by the second working day after detention, with special timing when a child is detained on a Friday or Saturday. Keep every piece of paper, and do not coach the child's account.

### Can a Texas juvenile be tried as an adult?

In specified felony cases a juvenile court can waive its jurisdiction and transfer the case to adult court, after investigation and a hearing. The minimum age is generally 14 for certain capital, first degree and aggravated controlled substance felonies, and 15 for other eligible felonies. Transfer is not automatic.

### Can I sue in small claims court in El Paso?

Texas Justice Courts hear civil disputes within a $20,000 limit, subject to exclusions and limits on the relief they can grant. File in the correct precinct and venue rather than the nearest courthouse. El Paso County Courts at Law Nos. 3 and 6 handle larger civil disputes and appeals from Justice Court.

### How long do I have to sue for breach of contract?

A written contract claim in Texas generally carries a four-year limitations period, though accrual, contractual limitations and other theories can change the analysis. If you have been served: District and County Court answers are generally due by 10 a.m. on the Monday after 20 days from service, and Justice Court uses 14 days. Follow the citation you actually received.

### My case happened in Doña Ana County. Does Texas law apply?

Not necessarily. Doña Ana County sits in New Mexico's Third Judicial District, and New Mexico law, deadlines and comparative fault rules may govern an accident, arrest or family matter that happened there. Living in El Paso does not make it a Texas case. Anthony, Sunland Park, Santa Teresa and Las Cruces all fall on that side of the line.

General information about Texas procedure, not legal advice about your matter.

## Reading

[Insights](/insights) carries plain answers about Texas procedure and the El Paso courts, grouped by practice area and published in English and Spanish. [Artículos](/es/insights) is the Spanish index.

## Tell us what happened

The review is free, the call comes from a partner, and you will get a straight answer either way. Even if the answer is that you do not need us.

Call [(915) 485-9100](tel:+19154859100), or use the chat at the bottom right of any page.

Wyatt, Underwood & Grasheim
705 Texas Ave #100
El Paso, TX 79901
[Directions](https://www.google.com/maps/dir/?api=1&destination=705+Texas+Ave+%23100%2C+El+Paso%2C+TX+79901)

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