Archive for October, 2014

Texas DUI Defense Attorney Explains Why Every DUI Defendant Needs an Attorney

Thursday, October 30th, 2014

Now that you have been charged with driving under the influence of alcohol, you may be wondering whether you should seek the assistance of a Texas DUI Defense Attorney. Every DUI charge can have serious consequences, and a Texas DUI Defense Attorney can give you the best chance at a positive outcome under the unique circumstances of your case. If you are on the fence about contacting a Texas DUI Defense Attorney, consider the following ways in which your Texas DUI Defense Attorney can assist you during your DUI case.

Being charged with a DUI involves more paperwork than you might expect. If you are unrepresented by counsel, you are on your own as far as understanding the paperwork, completing it, and filing it with the court in accordance with the applicable deadlines. Errors in understanding the paperwork or in filling it out and returning it in a timely manner could harm your case.

A DUI case passes through a series of stages from beginning to end. Participating in a DUI case as a defendant can be confusing and frustrating if you do not know what to expect at each stage of the process. Fortunately, when you work with a Texas DUI Defense Attorney, your attorney can help you to understand the sequence of events that is likely to occur in your case, so that you can be prepared for the experience.

The crime of driving under the influence of alcohol involves multiple elements, each of which must be proven before you can be convicted. Your Texas DUI Defense Attorney knows the elements of DUI inside and out, and they can identify areas in which the state may not be able to meet its burden of proof in their case against you. An experienced DUI attorney has more than likely represented many clients in situations that are similar to yours, and that experience helps them to build a solid case on your behalf.

As a DUI defendant, you may have options available to you which could possibly help you to avoid conviction, and the devastating consequences that come along with it. Your attorney can explain things like diversion, plea bargaining, or dismissal if they are available in your case. Your attorney can also help you to decide whether any of the options that are available to you are a good choice for you, given your priorities and the possible consequences of each potential course of action.

A DUI conviction could have a devastating impact on many different areas of your life. With so many things at stake, it is absolutely essential that you give yourself the best shot at successfully reducing or eliminating the impact of your DUI charges on your life. To learn more, contact Texas DUI Defense Attorney Alex Tyra today at (903) 753-7499 today to arrange an initial consultation. If you prefer to contact our office online, please visit our website and fill out the online contact form.



Texas Family Law Attorney Discusses the Art of Dividing an Art Collection

Thursday, October 16th, 2014

The collection of assets in a couple’s marital estate is as unique as the people who own them. When spouses decide to part ways, some collections of items may easily be dealt with as part of the couple’s property distribution because the items are much more important to one spouse than to the other. For example, you may want nothing to do with your spouse’s collection of antique tools, and your spouse may have no interest in your collection of Hummel figurines. In these situations, where spouses agree as to which of them should keep a particular item or group of items, an accurate assessment of the value of each item is often all that is needed for the items to be accounted for as part of the couple’s proposed property distribution.

Sometimes, items or collections of items are more difficult to divide. Couples who own art together often disagree about who should get to keep each piece. People buy art because it is beautiful or meaningful to them, and when two people choose a piece together to display in their home, it is often because both of them agree on its beauty or significance. Also, some pieces of art are very valuable, which can make them difficult to fit into the overall property distribution scheme because the end result must be “just and right”, which often means that each spouse receives roughly the same dollar amount worth of property.

Texas is a community property state, so both spouses have an ownership interest in the property and income that either of them acquired during the marriage. Some items, such as items that were owned by a spouse prior to the marriage or which were acquired by a spouse as a gift or inheritance may be considered that spouse’s separate property. Unless an item is specifically excluded from the couple’s collection of marital property because it can be classified as one spouse’s separate property, it will be disposed of through the property division process.

Divorcing couples who own art should take care to ensure that its disposition is handled properly. This includes working with a Texas Family Law Attorney who is skilled in handling property division issues. Another essential action step in dealing with the disposition of your art collection is making an inventory of the entire art collection, including information about when and how each piece was acquired and, of course, photographs and current appraisals for each piece.

Each divorcing couple has unique concerns in the area of property distribution. An experienced Texas Family Law Attorney can help you work through all of your property division concerns, whether your collection of marital property includes art, real estate, investment, retirement accounts, or other types of assets. To learn more about property division or other aspects of your Texas divorce, call attorney Alex Tyra today at (903) 753-7499. Alternatively, you may schedule a consultation by filling out a contact form on our website.


Texas Criminal Defense Attorney Explains the Crime of Identity Theft

Sunday, October 5th, 2014

While the public is often made aware of the violent crimes that occur in their communities because homicides, armed robberies, and the like are often discussed on the television news and in the newspapers, there are many other crimes which can go unnoticed, even by the victims, for weeks or even months at a time. Identity theft is one such crime, and it has been committed with increasing frequency as electronic storage and transmission of all kinds of data have become more and more commonplace. In Texas, as in many other places, identity theft is a felony. If you have been accused of the crime of identity theft, it is essential that you educate yourself about the elements of the crime and the possible consequences of a conviction and that you consult with an experienced Texas Criminal Defense Attorney regarding your case.

Identity theft cases in Texas involve the possession or use of personal identifying information that is not your own with the intent to harm or defraud another person. There are many types of personal identifying information, including your social security number, name, employment information, telephone number, physical address, social media usernames and passwords, bank account numbers, PIN numbers, and email addresses and passwords.

Individuals who have been charged with identity theft in Texas have a few defenses which may be available to them based upon the circumstances of their cases. The first of these defenses is that they lacked the requisite intent. If you had another person’s identifying information in your possession but you did not intend to use it to harm or deceive anyone, you have not committed the crime of identity theft. Likewise, if you were accused of obtaining or possessing someone else’s identifying information when you had not in fact done so, you have not committed the crime of identity theft.

In Texas, identity theft is a felony. The penalties for identity theft are based upon the number of items that the defendant transferred, possessed, or obtained by using personal identifying information that was not their own. Defendants who are convicted of identity theft are likely to be incarcerated and required to pay a fine. Sentences for identity theft can range from one hundred and eighty days to ninety nine years, and fines can be as high as ten thousand dollars. Minors who are convicted of identity theft may receive less severe consequences than adults who are convicted of the same crime.

When someone is accused of identity theft, they need an experienced attorney in their corner to help them present your best case. As an identity theft defendant, you deserve to have someone on your side who has the knowledge and experience to build and present a successful case on your behalf. To learn more about how Texas Criminal Defense Attorney Alex Tyra can serve you, call (903) 753-7499 to set up a free, initial consultation. You may also contact us through our website, via the online contact form.