Archive for April, 2016

Texas Criminal Defense Attorney Explains Why You Need an Attorney for Misdemeanor Charges

Wednesday, April 20th, 2016

The range of conduct that can result in Texas misdemeanor charges is extensive. For example, public officials who fail to disclose their business interests could face misdemeanor charges, as could fishing in the Donna Reservoir. Many people are probably unaware that they could be charged with misdemeanors for the things that they are doing, and even if they are aware that their conduct could result in charges, they may feel as though the most it could amount to is a slap on the wrist.

Unfortunately, as many misdemeanor defendants later learn, misdemeanor charges can carry consequences that are much more severe than they realized. For example, Class A and Class B misdemeanor convictions can lead to limitations on your future employment, housing options, and even your immigration status. A misdemeanor conviction could even interfere with your ability to have custody of your children.

Fortunately, if the police charge you with a misdemeanor, you do not have to face those charges on your own. An experienced Texas Criminal Defense Attorney can help you understand the charges and the potential consequences, and they can present a solid defense on your behalf while pursuing the least restrictive outcome that is possible in your case. Your attorney can also help explain the pros and cons of any options that you may have for resolving your case, such as probation. If probation is something that you would like to pursue, your attorney can help you to get fair conditions that you are likely to be able to comply with successfully.

A criminal defense attorney can also help you avoid conviction altogether. If your attorney can show the court that there is not enough evidence to convict you, the charges could be dropped. Likewise, if law enforcement or anyone else involved in prosecuting the case has failed to follow the rules that govern their work, they may have violated your rights. If any one of your rights, such as your right to remain silent, was violated, the charges against you may be reduced or even dropped altogether.

Texas Criminal Defense Attorney Alex Tyra – Protecting the Rights of all Texans

If you are facing misdemeanor charges, it is likely that you are aware of the impact that a conviction could have on your life. A seasoned Texas criminal defense attorney can explain the charges that you are now facing, as well as their possible consequences. Your attorney can use the unique facts of your situation to make a solid plan for your defense and explain all of the various solutions that may be available to you for resolving your criminal matter. It is important that defendants have access to this guidance because each possible option for resolving a case will have a different impact on everything in your life, including those things in your life that matter most to you. If you would like to learn more about how we could help you with your Texas criminal case, call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.

 

 

 

Texas DWI Defense Attorney Explains License Suspension Policy and Procedure

Sunday, April 10th, 2016

DWI checkpoints often result in both DWI arrests and arrests for driving with a suspended license. Often, drivers who are driving with suspended licenses may escape detection by traveling in vehicles that are not their own and by refraining from attracting the attention of law enforcement officers. When there is a DWI checkpoint, all drivers must interact with law enforcement officers as they pass through the checkpoint, and this is why so many drivers with suspended licenses get apprehended.

If you get arrested for DWI, license suspension is a real possibility. If you are like many Texans, your ability to drive touches on many areas of your everyday life, from getting to and from work to bringing your kids to and from after-school activities. A license suspension could be quite costly, regarding both financial penalties and personal freedom.

Since license suspension has the potential to have a significant impact on your life, it is essential that you understand that you have just fifteen days from the date of your DWI arrest to preserve your chance at retaining your driving privileges. The process by which a driver can try to keep their driving privileges begins with a request for an ALR hearing. As I mentioned before, this hearing must be requested within fifteen days of your DWI arrest or your license will automatically be suspended. Instructions for requesting an ALR hearing are at the bottom of your Notice of Suspension.

Now that you know that you must ask for an ALR hearing if you wish to try to avoid license suspension, it is important that you learn a little bit more about what an ALR hearing is. An Administrative Law Review hearing, or ALR hearing, is a civil proceeding which the Department of Public Safety brings against a driver who refuses a blood or breath test after a DWI arrest, or who took a blood or breath test and failed it.

At an ALR hearing, the issue for discussion is the fate of your driving privileges. Requesting a hearing gives you a chance to contest the proposed suspension of your driver’s license. It also delays the imposition of any ALR sanctions until your hearing takes place. At your ALR hearing, the Department of Public Safety (DPS) will try to prove that your license should be suspended because you either took a breath or blood test which resulted in a reading of .08 or greater, or because you refused to take a blood or breath test. It is harder for the DPS to suspend your license after you refused to submit to testing because that type of suspension requires proof of four different elements. These elements are reasonable suspicion for the vehicle stop, probable cause that the driver was in control of a vehicle in a public place while intoxicated, an opportunity for the driver to voluntarily participate in testing along with both oral and written notice of the consequences of refusal, and an actual refusal. If the DPS fails to prove their case, your license must be returned to you.

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

Texas DWI defendants have a lot at stake, and experienced Texas DWI Defense Attorney Alex Tyra may be able to help you resolve your DWI case. To learn more, call (903) 753-7499.

 

Texas Family Law Attorney Shares Three Reasons Why You Need a Divorce Attorney

Friday, April 1st, 2016

It is common for people who are considering filing for divorce to think about handling their divorce themselves. It is true that some people do file their divorces pro se, or without an attorney, but it is not advisable. Unfortunately, individuals who choose to represent themselves in their divorce proceedings do not always get the results that they wanted.

In contrast, people who are represented by attorneys in their divorce cases are often satisfied with the outcomes. Retaining an attorney to represent you in your Texas divorce case 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 achieving something very close to your desired outcome. There are three ways in which the knowledge and experience of your divorce attorney will help you to achieve a satisfactory result in your Texas divorce case.

One way that your attorney will help you achieve a positive outcome in your Texas divorce case is by completing and filing all of your divorce case forms correctly, and in compliance with all of the applicable deadlines. Divorce cases involve multiple forms, some of which require a lot of information, and there are various filing deadlines throughout the divorce process. Your attorney will ensure that all of your divorce paperwork gets to where it needs to go on time so that your case can proceed smoothly.

Another advantage to working with an attorney on your divorce is that having an attorney represent you instead of representing yourself increases your chances of settling your divorce instead of going to trial. The reason for this is that when you retain an attorney, the attorney takes on the task of communicating with your soon to be former spouse or his or her attorney if he or she has one. Once attorneys or even one attorney and one unrepresented spouse are communicating, the level of conflict often decreases. This decrease in conflict makes it more likely that there will be productive discussions about how the divorce could be resolved through settlement, and proposals and counter-proposals can begin to be exchanged and discussed in a reasonable manner.

A third reason why it is essential to hire an attorney for your divorce is that your attorney can help you to come out of your divorce in the strongest possible financial position by helping you to assess the advisability of accepting proposed settlement agreements. It may be difficult to believe that paying someone to represent you could ultimately cost you less than representing yourself, but it makes sense once you understand why this is the case. Some pro se litigants accept property settlements or agree to tax consequences or other provisions in a divorce which put them in a worse financial position than they could have achieved if they had been represented by counsel. Your attorney can help you to assess proposed settlement terms in light of your personal and financial goals so that you can make informed decisions about which, if any, proposed agreements to accept.

Texas Family Law Attorney Alex Tyra – A Strong Advocate in Your Texas Divorce

If you are considering filing for divorce in Texas, it is important to select an experienced attorney to work with you during this important and life-changing experience. To learn more, call Texas Family Law Attorney Alex Tyra today, at (903) 753-7499.