Archive for October, 2016

Texas Family Law Attorney Discusses the Impact of Divorce on Children

Monday, October 31st, 2016

Divorcing parents are likely to have heard many things about how their divorce is likely to affect their children, and not all of those things are good. Perhaps well-meaning friends or family members have shared their opinions about the topic. Maybe your spouse has weighed in on the issue, especially if they do not want to get a divorce. Wherever the negative information is coming from, you need to hear the other side of the story and it goes like this: each child is affected differently by divorce, and not all effects of divorce on children are negative. If ending your marriage is the right choice for and your spouse, there is a good chance that your kids will benefit from the split, especially if the two of you handle it (and them) with the utmost care and respect.

Both parents and children experience a range of emotions during the divorce process. While the age of a child and the relationship between that child and each of his or her parents do shape the child’s experience of the divorce, there are other factors that influence it as well. For example, sibling bonds can become stronger. This strengthening of the sibling relationship has been documented in many different types of divorce scenarios, including the typical situation where the children all travel between their parents’ homes together. However, it also occurs in sibling groups where the children are not always all together in the same place at the same time.

Another possible effect of your divorce on your kids is relief. This is especially so in situations where the marriage has been strained for some time. Children sense tension, and even when parents take great care to argue out of earshot of the children and otherwise conceal the divide between them, the kids are often aware that all is not well in the home. When parents separate, there may still be some tension, but it will be significantly reduced and will continue to decline as time passes since the divorce. As the amount of tension between parents decreases, so will the children’s experience with it.

Divorce can also show children resilience and problem-solving in action. The attitudes and actions of you and your spouse are a major factor in your children’s overall experience with your divorce. When the two of you work together to, for example, figure out how to earn enough money to support two households, your children will see how you were able to solve that problem by working together to find a solution that works for the family as a whole. Likewise, if your children hear the two of you communicating with each other in a respectful way, they will see that people who disagree can treat each other with kindness and respect.

As you can see, divorce does not have to be a negative experience for children. Parents can continue to maintain loving and supportive relationships with each of their children throughout and after their divorce. Divorcing parents can take comfort in knowing that they have the power to shape their children’s experience of divorce for the better by making positive choices about how they approach their divorce and their interactions with their soon to be former spouse.

Texas Family Law Attorney Alex Tyra – The Ally You Need for Your Texas Divorce

Get answers to your questions about Texas divorce today – call Texas Family Law Attorney Alex Tyra at (903) 753-7499.

Texas DWI Defense Attorney Warns Drivers That No Refusal Weekend may be Imminent

Monday, October 10th, 2016

Halloween is on a Monday this year, but that does not mean that there won’t be any fun for adults who have to go to work on Tuesday morning. The weekend before Halloween is likely to be filled with all kinds of fun and festive parties. It could also be filled with traffic stops and a heightened law enforcement presence on the roadways, especially if some areas decide to implement a no refusal weekend.

If you like going to Halloween parties, you may be looking forward to choosing a costume and going out for a weekend of fun. Please be advised that law enforcement officers are well aware that adults enjoy Halloween just as much as kids do, and they will be paying close attention to keeping drunk drivers off of the roads by increasing their patrols. This larger law enforcement presence is likely to lead to more traffic stops, which means that drivers are at a higher risk of being pulled over than they usually are. Since law enforcement officers are basically out hunting for intoxicated drivers this weekend, and they will not hesitate to stop any drivers whom they suspect have been drinking.

In addition to increased patrols, police in some areas may choose to implement a “no refusal weekend” on the weekend before Halloween, as they often do around other holidays throughout the year. If you are new to driving or new to Texas, or you somehow don’t know what a “no refusal weekend” is, it is important that you learn about how traffic stops during these specially designated time periods are different from regular traffic stops. During any “no refusal weekend,” any driver who is suspected of driving under the influence of alcohol must submit to roadside breath or blood testing. Any driver who refuses to submit to testing will be arrested, and a blood sample will be obtained from them while they are in police custody. Ordinarily, refusal of roadside blood or breath testing results in license suspension, not arrest.

Texas DWI Defense Attorney Alex Tyra – Defending Texas Drivers Who Are Charged With DWI

If you are stopped by the police at any point in time, try to prevent your traffic stop from becoming a DWI investigation. You can increase your chance of avoiding an investigation by remaining calm, using a respectful tone of voice, and giving the police officer only as much information as the law requires. If you do end up being taken into custody, invoke your right to remain silent and ask to speak with an attorney right away. A knowledgeable Texas DWI defense attorney can do many things to build a strong case on your behalf, especially if you retain them right away. If you have been accused of driving under the influence of alcohol, contact an experienced Texas DWI Defense Attorney today. If you have any questions about DWI in Texas, call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or contact us online.

Texas Criminal Defense Attorney Explains the Difference between Civil and Criminal Securities Fraud

Saturday, October 1st, 2016

Securities fraud can be a tricky concept to understand, and the fact that there are both civil securities fraud actions and criminal securities fraud actions makes matters even more complicated. A case in Collin County sheds some light on the difference between criminal securities fraud and civil securities fraud.

Texas Attorney General Ken Paxton is charged with civil securities fraud as well as criminal securities fraud. Recently, a federal court judge dismissed the civil securities law case for damages against Paxton due to an apparent lack of evidence. The criminal case in State court remained active, even though the lack of evidence could have become a major stumbling block in obtaining a conviction on any of the three criminal charges against Paxton. The SEC has since amended and refiled its case against Paxton with additional, previously undisclosed evidence that it hopes will help to prove that he failed to abide by disclosure laws. The additional evidence makes it likely that the criminal case will continue to proceed, because the criminal case had not been dismissed, even after the civil case was dismissed due to a lack of evidence.

One important difference between civil and criminal securities fraud cases is which party brings the action against the defendant. Civil securities fraud cases are heard in federal court, and they are brought by the United States Securities and Exchanges Commission. Criminal securities fraud is a state law cause of action, as is the related and often accompanying charge of failing to register with the Texas State Securities Board. Both of those criminal charges are felonies.

Not only do the two types of securities fraud cases take place in different courts, but they also involve different burdens of proof. In cases involving criminal securities fraud and related criminal charges like failure to register with the Texas State Securities Board, the prosecution must prove beyond a reasonable doubt that the crime did indeed occur before the defendant can be convicted. The burden in civil securities fraud cases is not quite as strict, requiring only that the SEC prove its case by a preponderance of the evidence.

Texas Criminal Defense Attorney Alex Tyra – Defending Texans against a Variety of Criminal Charges

The cases that have been brought against Ken Paxton provide an example of how civil and criminal securities fraud cases can look. Securities fraud is a complex issue, and each securities fraud case is unique. If you are charged with securities fraud, you need an attorney who understands the complexities of securities fraud law and can apply that knowledge to the unique facts of your case. Your Texas Criminal Defense Attorney has a working understanding of the law, and they will use that knowledge to build a strong case on your behalf. If you have been charged with securities fraud and you have questions, please call Texas Criminal Defense Attorney Alex Tyra, at (903) 753-7499. Alternatively, you may contact us online.