Archive for February, 2016

Texas DWI Defense Attorney Talks about How Prescription Drugs May Affect Your DWI Case

Monday, February 29th, 2016

Many Texans dutifully take their prescription medications every day, just like they have been directed to do by their doctors. If you are following the directions of your doctor and you are taking the medications that they have prescribed for you, you know that you are doing the right thing for your health. Unfortunately, what you may not know is that you might also be committing the crime of driving while impaired. The reason for this is that some commonly prescribed medications are classified as Schedule I or Schedule II controlled substances, and these substances are regulated by law. For example, Adderall, Ritalin, Ambien, Klonopin, Percocet, and codeine, are just a few of the medications that are in Schedule I or Schedule II.

In Texas, you could be charged with DWI for being under the influence of a mind-altering prescription drug, such as a pain medication. It is important that drivers know that although pain medications are some of the more commonly implicated medications in prescription drug-related DWI cases, they are not the only types of medications that are regarded as having mind-altering effects.  For example, sleeping pills, antidepressants, anti-seizure medications, and anti-anxiety medications can have mind-altering effects that are similar to those of painkillers. A driver who is found to have one or more of these substances in their system at the time of their arrest may be subject to consequences that are similar to what they would be subject to if they were found to have been driving under the influence of alcohol.

Any Texas driver who takes prescription medications and who has been charged with a DWI should contact a Texas DWI defense attorney right away, because their rights are at stake. If you have been charged with a prescription drug-related DWI, your attorney may be able to defend you against your DWI charges by presenting evidence that you were taking a Schedule I or Schedule II medication as prescribed to you by your doctor. That said, it is important that drivers understand that a valid prescription, on its own, may not lead to a successful defense based upon taking medication as prescribed. A prescription drug-related DWI defense is more likely to be successful if there is evidence that your medication, at the dosage that you are taking it, does not actually impair your ability to operate your vehicle safely. This is because unlike the well-known .08 BAC standard for alcohol, the Texas Penal Code does not specify levels of prescription drugs that would indicate impairment if they were present in a blood sample.

Texas DWI Defense Attorney Alex Tyra – Protecting the Rights of Texas DWI Defendants

Every Texas DWI case is unique, and each DWI defendant deserves to have a skilled professional working hard on their behalf to pursue a carefully crafted DWI defense strategy. Texas DWI Defense Attorney Alex Tyra has helped DWI defendants in many different types of circumstances. If you have questions about your DWI, call us today, at (903) 753-7499.

 

Texas Criminal Defense Attorney Talks about a Potential Shift in Drug Crime Policy

Friday, February 19th, 2016

Lawmakers in Texas may be preparing to take state drug crime policy in a new direction which could both lessen the penalties associated with certain drug crimes and shift the focus from punishment to treatment. As is the case with any matter related to criminal justice, the issue of how to address situations in which individuals break the laws regarding controlled substances is controversial. However, as prison populations remain high and individuals continue to engage in criminal activity once they are released from prison, it is important that Texas and other states explore alternatives to the current way of doing things.

Some of the changes that are being contemplated by the House Corrections Committee include downgrading some nonviolent drug crimes from felonies to misdemeanors and shortening sentences on other nonviolent drug offenses. The issues will be studied by the Committee throughout the remainder of this year, with possible legislation to follow in early 2017.

The potential changes to Texas drug crime policy will apply only to individuals who have been charged with specific nonviolent drug offenses, such as possessing small amounts of a controlled substance. However, many individuals throughout the state are charged with those offenses every year, so the effects of the potential legislation could be far-reaching.

The possible changes to the way that some nonviolent drug crimes are handled could help people who struggle with substance abuse issues get the treatment and support that they need. When a person is struggling with addiction, they are likely to continue to purchase and use their drug of choice whether the penalty for being caught doing so is $500.00 or $5000.00, and whether they would face jail time or not. Addiction is a powerful force with the potential to destroy a person’s life. While not every person who participates in drug treatment is able to overcome addiction, many of them do. The potential for drug treatment to help individuals move forward from drug use and abuse and into healthy, productive lives is greater than the potential for achieving those outcomes through the current system of fines and incarceration, which have resulted in high rates of recidivism.

Texas Criminal Defense Attorney Alex Tyra – A Strong Advocate for Texans

While drug crime policy reform in Texas may be on the horizon, if you have been charged with a drug crime in Texas, you need a strong ally in your corner right now. A seasoned Texas criminal defense attorney is able to help each client understand the nature of the charges that have been brought against them. Your attorney can also help you understand what your options are for resolving your criminal matter. Since each case is unique, your attorney will work with you to pursue a resolution of your case that is in line with your needs and priorities. To learn more about drug offenses or any other type of Texas criminal matter, please call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499 or contact us online to find out whether we can help you.

 

 

Texas Family Law Attorney Talks About the Trouble With Pro Se Divorce

Saturday, February 13th, 2016

If you are thinking of filing for divorce, you may be thinking about doing so pro se. When a person files a pro se divorce, they file for divorce on their own behalf, without the aid of an attorney. It is easy to understand why pro se divorce is so attractive. Attorneys charge fees for their services. Finding an attorney can take a little time, because not every attorney is available to take new cases whenever a potential client inquires and because not every attorney is a good fit for every prospective client. If you work and have a family, you may also be thinking that pro se divorce might be easier because you would not have to find time to meet with an attorney, assuming that you could afford to hire one and could fine one who was not only available to take your case but who is also a good fit for you. Pro se divorce may even appear to be easy, because there are forms, software, and other products that promise a complete divorce solution and that are available for purchase at attractive prices.

What you may not know and what the people or companies that are selling the divorce products will not tell you is that many people who represented themselves in their divorce cases are dissatisfied with the results. Even worse, some people who represent themselves at the beginning of their divorce cases seek assistance from an attorney at some point during the proceedings and end up paying more in legal fees than they would have had they retained the same attorney at the outset of the case because the attorney had to do extra work to “fix” mistakes that the person made as a pro se litigant prior to retaining the attorney. One example of a mistake that a pro se litigant might make is using the wrong forms or submitting forms late, both of which can happen when you use a divorce product like the ones that were described above.

In contrast, many people who are represented by attorneys in their divorce cases are satisfied with the outcomes. Retaining an attorney to represent you does not guarantee that you will get the exact result that you want in your divorce, but it does give you the best possible chance at getting as much of what you want as is possible. While it is true that hiring an attorney costs money, it is money well spent because your attorney can help you to understand whether a proposed property settlement or other proposed financial provision will serve your best interest. Your attorney can also help you avoid accepting a divorce settlement that would long term consequences, financial or otherwise, that do not serve you.

One of the most compelling reasons to work with an attorney for your divorce is that working with an attorney increases your chance of settling your divorce without going to trial. Settling a divorce is much less stressful and much less costly than going to trial, and both parties usually feel satisfied with the outcome.

Texas Family Law Attorney Alex Tyra – A Trusted Source for Texas Divorce Law Expertise

Retaining an attorney for your Texas divorce case does cost money, but pro se divorce can be even more costly in every sense of the word. Make sure that your Texas divorce gets done right, and gets resolved in a manner that works well for you. Call Texas Family Law Attorney Alex Tyra today, at (903) 753-7499.