Archive for May, 2015

Texas Family Law Attorney Shares Tips for Working with Your Divorce Attorney

Sunday, May 31st, 2015

If you are getting divorced in Texas, enlisting the aid of a Texas divorce attorney is the best way to ensure that you come away from your marriage with as many of the things that are most important to you as possible. Divorce is a legal process, and there are rules that must be followed. There is also a lot of room for couples to choose how they will settle their divorce cases, within the framework that is provided by those rules. Your divorce attorney is an expert guide who knows the divorce process inside and out, and who is there to help you make decisions throughout the course of your divorce that are likely to bring you to a favorable resolution of your case. The following tips can help you to make the most out of your relationship with your Texas divorce attorney.

When you decide to get divorced, you may develop ideas about what you expect to get out of it. These ideas may be things that you simply feel as though you are entitles to, or they may be based upon information that you know about what friends, family members, or others have gotten in their divorce cases. Each divorce case is unique, so each couple’s divorce has a different result, one that is based upon their unique circumstances. Your attorney can provide you with valuable guidance about what you might realistically be able to obtain during your divorce, as far as assets, parenting time, and the like.

As is the case with any type of legal matter, divorce clients often have a lot of questions. Your divorce is an important part of your life, and your attorney understands that. If you have a question, ask your attorney, because not only will you get the information that you need, your questions may actually help your attorney to provide you with the best representation that they possibly can.

When you work with a Texas divorce attorney, it may seem like your attorney asks you to provide them with a lot of information. You may not want to give them all of that information, either out of a concern for your privacy or because you think that they do not need all of it. However, you must provide your attorney with any and all information that they ask you to provide. If you have concerns, ask them why they need specific information, and they will explain it to you.

A Texas divorce attorney can help you to obtain a settlement or court decision in your divorce case that will provide you with many of the things that are important to you. Texas Divorce Attorney Alex Tyra can help you to understand the divorce process, as well as the options that are available to you for resolving your divorce case. If you have questions or concerns regarding your Texas divorce, please call our office today, at (903) 753-7499.

 

Texas DUI Defense Attorney Says Be Careful if you Travel on Memorial Day Weekend

Friday, May 15th, 2015

If you plan to travel out of state to celebrate Memorial Day weekend, it is important that you know that in many states, law enforcement officers will have DUI checkpoints set up along major roadways. Texas does not currently use DUI checkpoints to enforce drunk driving laws, but they are common in other states, and holiday weekends like Memorial Day and Labor Day are time when drivers should expect to encounter them.

In states where DUI checkpoints are used, they may be present at any time of day or night. That said, most checkpoints are set up late at night or early in the morning, as that is when there are likely to be the greatest number of intoxicated drivers on the road. If you do encounter a DUI checkpoint while you are traveling, the following tips may help your experience go more smoothly.

Drivers who are prepared for an encounter with law enforcement at a DUI checkpoint are more likely to be let through quickly, instead of being detained for investigation. Your attitude will, in large part, shape your experience at the checkpoint. Try your best to be polite and cooperative without providing too much information, because any information that you provide could be used against you in the future. Do give the officer basic information, like your license, car insurance, and vehicle registration if you are asked to provide them.

Whatever you do, remember that you do not have to answer every question that is asked of you. Many well-meaning and legally sober drivers are accused of driving under the influence of alcohol after answering questions about where they have been and what they have been doing, or by participating in field sobriety tests. In most places, you cannot be penalized for refusing to perform a field sobriety test. Many tests are set up for the driver to fail, even if they are sober. Nerves, footwear, and agility can cause sober drivers to fail field sobriety tests, and their effectiveness has come into question many, many times.

Sometimes, despite a driver’s best efforts to cooperate with law enforcement officer, an arrest may occur. If you are arrested at a DUI checkpoint, it is essential that you immediately exercise your right to remain silent, after respectfully asking the arresting officer to permit you to speak with your attorney. Your attorney can further advise you regarding whether you should participate in blood or breath testing, because the rules for those tests and the consequences of refusal vary from state to state.

If you have been accused of driving under the influence of alcohol, it is important that you have someone by your side who can protect your rights. Texas DUI Defense Attorney Alex Tyra works hard to protect the rights of DUI defendants, and it is possible that he can help you, too. Please call our office today, at (903) 753-7499, or contact us online via our website.

 

 

Texas Criminal Defense Attorney Discusses the Consequences of Fleeing from Law Enforcement

Friday, May 1st, 2015

When a police officer attempts to stop a driver who has a suspended license, or who is concerned that they may be arrested for DUI, they may be in for a surprise. Drivers who fall into these two categories, as well as drivers who are in other precarious situations, sometimes fail to stop for a police officer who is attempting to stop them. As you might imagine, refusing to stop for a police officer has consequences of its own, in addition to any consequences that are likely to be imposed due to drug possession or use, suspended license, alcohol use, or other unlawful activity.

In Texas, there are two separate offenses that cover situations in which an individual attempts to get away from a law enforcement officer who is pursuing them. The first of these offenses is evading arrest or detention, and the second is fleeing or attempting to elude the police. The crime of evading arrest or detention occurs when six specific criteria are met. These criteria are that the person who is accused of attempting to evade is indeed the person who did evade the police, they actually evaded law enforcement for a period of time, they did it intentionally, they did it with the knowledge that an officer was pursuing them, the officer was attempting to detain or arrest them, and the arrest or detention, had it occurred, would have been legal. Evading arrest or detention is a class A misdemeanor if the individual escaped on foot, but it is a Texas jail felony if they used a vehicle. The crime of fleeing or attempting to elude an officer occurs when someone who is driving a motor vehicle refuses to stop when a marked law enforcement vehicle signals, either visibly, audibly, or both, for them to do so.

Defendants who are charged with either of the aforementioned offenses need to know that there are defenses which can be brought against the charges. Drivers do sometimes make mistakes when they are driving, and this includes not stopping for a vehicle that appears to be pursuing them. The signal that is given by the officer and/or their vehicle may be unclear, or you may have been looking for a safe and visible place to pull over. The circumstances under which you were arrested for these offenses play a large role in determining which defenses you may be able to bring against the charges.

Texas Criminal Defense Attorneys know the laws regarding evading arrest or detention and fleeing or attempting to elude a police officer inside and out. If you have been accused of one of these offenses, Texas Criminal Defense Attorney Alex Tyra may be able to help you reduce or eliminate the negative consequences associated with your arrest. If you have questions about a criminal law matter, please call our office today, at (903) 753-7499. You may also visit our website and contact us via our online contact form.