Archive for February, 2015

Texas Criminal Defense Attorney Explains Insurance Fraud

Wednesday, February 25th, 2015

Insurance fraud is a crime which can be committed in many different ways. Both individuals and businesses have been known to defraud insurers, from the doctors and health care facilities that submit claims for services that were never provided or were unnecessary, to people who stage automobile accidents in order to obtain insurance money, and even to people who were involved in accidents that were not staged who exaggerate the extent of their damages. Insurance fraud can occur on both a small scale, involving individuals submitting fraudulent claims for relatively small sums of money to large scale operations involving thousands and thousands of dollars. Since there is a diverse array of ways in which insurance fraud can be committed, the people who are accused of insurance fraud are likewise a diverse group. If you are charged with insurance fraud, contact a Texas Criminal Defense Attorney right away, because a conviction could have serious consequences for you both now and in the future.

At its simplest, insurance fraud occurs when someone purposefully files an insurance claim that is based upon false information so that they will receive payment for damages that did not actually occur. Applications for insurance can also serve as a means for committing insurance fraud, if the application is filled out using information that is false or misleading. People who provide goods and services for which claims of payment are submitted to insurance companies may also be liable for insurance fraud if they file those claims with the intent to defraud or deceive an insurer.

Sometimes, an insurance claim may be based partially upon true information and partially upon false information. When this happens, it does still constitute insurance fraud, but only the amount which was claimed fraudulently will count towards determining the penalty. This is important, because penalties for insurance fraud are directly connected to the value of the fraudulent claim. Insurance fraud can be a misdemeanor, a state jail felony, or a first second or third degree felony, depending upon the dollar amount of the fraudulent claim and whether the fraudulent claim involved an act that placed anyone at risk of serious injury or death. Defendants who are convicted of insurance fraud are often ordered to pay restitution.

If you have been charged with insurance fraud, contact a criminal defense attorney right away, so that your rights can be protected. A knowledgeable Texas Criminal Defense Attorney can create a defense strategy that is tailored to the unique facts of your case. Texas Criminal Defense Attorneys understand that there may be choices available to some insurance fraud defendants, and they can let you to know if any of those options are available in your case. Texas Criminal Defense Attorney Alex Tyra has years of experience in representing his clients’ best interests, both inside and outside of the courtroom. To learn more, please call our office at (903) 753-7499 today, or visit our website. We look forward to hearing from you.




Texas Family Law Attorney Offers Tips for Divorcing Couples with Pets

Sunday, February 15th, 2015

Many couples in Texas and elsewhere share their lives with pets. In many households, pets are regarded as just as much a part of the family as the adults and children. When a couple who has one or more pets divorces, they may be surprised to learn that the law considers pets to be more like property than like members of the family. Fortunately, divorcing couples who have pets can choose how they would like to handle the issues associated with pet ownership as part of their divorce.

Some people meet their pet before they meet their spouse. In cases where one or both parties has one or more pets that they are bringing into a marriage, they may choose to address issues of pet ownership in prenuptial agreements. Of course, most couples do not have prenuptial agreements, so issues of pet ownership are often a part of the discussions that are associated with getting divorced.

If you have pets, it is important to understand that you and your soon to be former spouse can choose to address all of your pets’ needs as part of your divorce. Pets have needs, to be sure, and they also have feelings. Your divorce is something that they will experience on both a physical level and an emotional level. You already know that you will experience feelings associated with the change in the amount of time that you will be spending with your pet post-divorce. Your pet will also experience those feelings. When pets are given an opportunity to spend time with each of their “people”, they are much happier and much better able to adjust to the transition from one household into two.

Addressing the physical and emotional needs of pets and people in a divorce can be accomplished by creating a schedule of when the pet will spend time with each party, as well as an agreement regarding how food, veterinary care, and other expenses will be divided between the parties. If a divorcing couple has children, they will be making a schedule for parenting time, and it often makes sense to have the family pets travel between the parties’ homes right along with the kids.

Whether your Texas divorce is headed towards a mutually agreeable settlement or to the courtroom for litigation, it is important that you think carefully about what you would like to do about your pets. Taking the time to make a visitation schedule and divide the pet care responsibilities can go a long way towards ensuring that you and your pets enjoy a long and happy relationship both during and after your divorce. Texas Family Law Attorney Alex Tyra understands how important your pets are to you and will work hard on your behalf to ensure that your pets’ needs are addressed in your divorce. If you have a question about how to handle questions regarding pet ownership or any other aspect of your Texas divorce, please call Attorney Alex Tyra today, at (903) 753-7499.


Texas DUI Defense Attorney Talks about Subsequent DUI Offenses

Monday, February 2nd, 2015

Sometimes, one DUI charge or conviction is all it takes to deter people from driving while intoxicated. For other people, driving under the influence of alcohol can be a very tough habit to break. The consequences for a first DUI are harsh, and the consequences for subsequent DUI charges increase in severity. It is important that drivers understand what could happen if they are convicted of a second or third DUI.

If you are a minor, you probably lost your license for ninety days when you got your first DUI. If you are charged with a second DUI, you could face one hundred and twenty days of license suspension if you are convicted. If you get a third DUI, the license suspension increases to one hundred and eighty days.

Adult drivers who are convicted of a second DUI can be fined up to four thousand dollars and ordered to serve between one month and one year in jail. Additionally, you could lose your license for up to two years, and you will be required to pay a surcharge of up to two thousand dollars a year for three years in order to keep your driver’s license. You may also be required to attend a DUI intervention program or a DUI education program, and it is possible that you may be required to install an ignition interlock device in your vehicle.

The stakes are even higher for adult drivers who are facing a third DUI. If you are convicted of a third DUI, you can be fined up to ten thousand dollars and sentenced to two to ten years in jail. Third offenses also carry a two year license suspension and a two thousand dollar per year surcharge for three years to maintain a driver’s license. DUI education or intervention programs and/or an ignition interlock device may also be required.

Any DUI conviction results in consequences that have a far-reaching impact on both the life of the person who is convicted and on their family and friends. In addition to the fines and penalties described above, there are expenses associated with being arrested for DUI, attorneys’ fees, and the additional costs of obtaining transportation while you are without a driver’s license. There are also non-economic costs associated with criminal convictions, including DUIs, such as difficulty in finding employment and housing. Adding the economic and non-economic costs of a second, third, or other subsequent DUI to the stress of getting through day to day life after a first DUI conviction could make things really difficult. Whether you are facing your first DUI or charges for a subsequent offense, it is essential that you give yourself the best possible change at a successful defense by enlisting the aid of a Texas DUI defense attorney. To learn how Texas DUI Defense Attorney Alex Tyra can help you, call our office today, at (903) 753-7499. You may also reach us by submitting a convenient contact form on our website.