Posts Tagged ‘East Texas Criminal Defense Attorney’

Texas Criminal Defense Attorney Discusses Possible Legislative Reforms

Thursday, September 4th, 2014

The next Legislative Session won’t start until January of next year, but there are a couple of issues which are likely to be debated during that Session which may be of interest to young Texans. The first of these issues is a possible reform of anti-truancy laws, and the other is the possible reform of the rules for sealing and expunction of certain criminal offenses.

In Texas, the failure to attend school is currently a Class C misdemeanor. Most states do not consider truancy a crime, in fact, Texas is one of only two states which treat it as such. Other states handle the issue of failing to attend school through civil proceedings. If it is determined that handling truancy as a civil offense rather than a criminal offense is feasible, the rules may change to that effect.

Changing truancy from a criminal offense to a civil offense is likely to have positive consequences, for both the offenders and for the state. Incarcerating young people who fail to attend school does not help them to become educated. It can limit their present and future educational opportunities, and it goes a long way towards discouraging those who are already facing social and economic barriers to success. Civil penalties could be designed to discourage truancy, while at the same time accomplishing the purpose of encouraging youth to continue pursuing some form of education.

Possible changes to the rules for sealing and expunction of low-level criminal offenses may also have positive implications for young Texans. It is not uncommon for young people to make a couple of mistakes as they navigate the teen years and grow towards adulthood. Unfortunately, some of the mistakes that some young people make are considered criminal offenses, albeit often minor, non-violent ones. The consequences of these mistakes are far-reaching, and they can affect an offender’s job prospects, housing, educational opportunities, and other areas of their life for many years after they have occurred. Fortunately, the Legislature is considering changing the rules so that certain offenses can be sealed and expunged after a certain period of time, in order to decrease the length of time that the offenders will suffer from the consequences of their convictions.

While some of the issues that are up for debate in next January’s Legislative Session could make life a bit easier for young Texans, being accused of any crime is still a very serious matter. If you have been accused of a crime, it is essential that you get help from an experienced East Texas Criminal Defense Attorney. Criminal charges can have far-reaching impacts on your life, and you need an experienced criminal defense attorney in your corner to help you present your very best case. An East Texas Criminal Defense Attorney can help you pursue the best possible outcome in your stalking case. To learn more, call attorney Alex Tyra today, to schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

 

What is the Michael Morton Act?

Friday, June 13th, 2014

The case of Michael Morton brings to mind something which no criminal defendant wants to think of – the fact that innocent people are sometimes put behind bars for years, crimes that they did not commit. In Morton’s case, when the prosecutor failed to present all potentially exculpatory evidence at Michael’s trial for the brutal murder of his wife, the jury concluded that he, the lone suspect, was the person who had killed her.

In 2011, a group of attorneys who were reviewing Morton’s case on a pro-bono basis discovered that not all of the available evidence had been presented at his trial. Eyewitness descriptions of the killer, the killer’s vehicle, and the attack, as well as a blood-stained bandanna found near the murder scene had somehow failed to make it into the courtroom. The bandanna was submitted for DNA testing, and it was found to contain the blood of the victim, as well as the blood of the person who killed her. Mark Norwood, a convicted felon, was identified as the murderer based upon DNA evidence, and Michael Morton was released from prison after having served twenty five years.

Earlier this year, the Michael Morton Act was signed into law in Texas. The Act requires prosecutors to turn over evidence to defense attorneys in criminal cases upon the attorneys’ requests, without requiring the defense attorneys to first obtain a court order. Both prosecutors and defense attorneys have stated that the passage of the Act has raised awareness of the importance of having access to evidence. Prosecutors have expressed concerns that the Michael Morton Act is increasing the cost of prosecuting criminal cases. It costs money to prepare evidence, and the more evidence there is which must be provided to other parties, the more money the state will need to spend in order to meet its obligation to do so. The increased cost of preparing and exchanging evidence is real, but it does not overcome the interest of the criminally accused in having access to all evidence which could support their defense.

Access to exculpatory evidence is something which has been the rule in courts across America for a long time. Brady v. Maryland, a 1963 case decided by the United States Supreme Court, set the precedent that prosecutors must produce information that is exculpatory in nature. Exculpatory evidence is evidence which points to the innocence of a defendant. States have varied in how they interpreted Brady, and that is why the Michael Morton Act is so important. Prior to the passage of the Act, prosecutors were in charge of deciding which evidence was exculpatory and which was not. The result is that prosecutors in at least seventeen cases in which convictions have been overturned, prosecutors failed to turn exculpatory evidence over to defense attorneys.

If you have been accused of a crime, an East Texas Criminal Defense Attorney can help you to present your very best defense against the crime or crimes which you have been accused of committing. The consequences of a conviction could be far-reaching, and could affect many areas of your life for years to come, so it is important to have a strong advocate in your corner of the courtroom.  To learn more, call attorney Alex Tyra today, to schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

 

 

Could You Benefit From a Search and Seizure Defense?

Saturday, May 10th, 2014

One topic upon which many criminal drug cases are successfully defended is the area of searches and seizures. The Fourth Amendment to the United States Constitution protects all Americans from unreasonable searches and seizures. Despite our right to be free from searches and seizures which are not conducted for valid reasons, they happen every day across the U.S.  With this in mind, if you have been charged with a drug crime, whether at a misdemeanor or a felony level, it is possible that a Fourth Amendment Defense could be helpful to your case.

Fortunately, criminal charges can be contested, and skilled Texas Criminal Defense Attorneys know how to spot invalid searches and seizures. In cases where criminal charges are based upon evidence which was obtained during an illegal search and seizure, an attorney can use the Fourth Amendment to keep that evidence out of the prosecution’s case. Sometimes, the evidence which is able to be excluded is so central to the prosecution’s case that charges against a defendant may be dropped.

If a search warrant was issued prior to the search and seizure, the warrant may be defective if it is not based on probable cause, or if it does not describe the place to be searched and the person or items to be seized. Probable cause is only present if the officer presents facts that would lead a reasonable person to believe that a crime has been committed, or that a crime is in progress. If a search is conducted pursuant to a warrant which is valid, the search itself may be defective. One situation in which a search based on a warrant can be improper is when the officers go beyond the scope of the warrant, that is, they search in places that are not described in the warrant.

In some cases, searches may be made without a warrant when there are circumstances which would make getting a warrant difficult or even impossible. There are a few different circumstances under which warrantless searches are performed, including the search incident to arrest, consensual searches, searches made in an emergency situation where life is at risk (exigent circumstances), searches of items that are in plain view of an officer who has a right to be in the location from which they are viewing them, and automobiles because contraband that is stashed inside could be removed before a warrant could be obtained. As with searches that are conducted after a warrant has been issued, some warrantless searches are valid and some are not. Warrantless searches must be based on probable cause in order to be valid, so if the officer is not able to demonstrate that probable cause existed at the time that the search was performed, the search and any subsequent seizure may be deemed invalid.

Law enforcement officers must respect the constitutional rights of individuals, including the right to be free from unreasonable searches and seizures. Many criminal drug cases can benefit from a careful analysis of the searches and seizures which led to the charges against the defendant. An East Texas Criminal Defense Attorney can help you to determine whether a Fourth Amendment Defense could be pursued in your case. The consequences of a conviction could be far-reaching, and could affect many areas of your life for years to come. With so much at stake, it is important that you seek the aid of an experienced Criminal Defense Attorney who can help you to pursue the best possible outcome in your case. To learn more, call East Texas Criminal Defense Attorney Alex Tyra today, to schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

 

 

What is Organized Crime?

Monday, April 28th, 2014

When it comes to criminal charges, there are some which can carry more substantial penalties than others. When a charge alleging organized criminal activity is added to another criminal charge, it increases the stakes substantially. It is important that people understand the difference between acts which are truly part of an organized crime scheme and those which are not.

Part of determining whether a crime is part of an organized crime scheme has to do with the people involved. At a minimum, there must be three people. However, a simple head count does not automatically place a crime into the realm of organized crime. The three or more people who were involved in the commission of the crime must be a “combination,” or a group of people who intended to work together to carry out a continuing course of criminal activity.

Sometimes, an individual participates in one of the crimes which are carried out by an organized crime operation without being aware of it. For example, if a person participates in a vehicle theft but does not know that it is part of a larger scheme to steal multiple cars over time, they may not have the requisite intent to be charged with organized crime because they did not intend to work with the group to carry out the other thefts or profit from them. However, it is possible for there to be a “combination” of individuals committing organized crime without knowing each other’s identities. Since organized crime occurs over a period of time, it is also possible that individuals may come into and go out of the “combination” during the course of its activity.

A scenario which is often mistaken for organized crime is that of a group of people who carry out a few crimes over the course of an evening. A burglary spree that happens one night is not necessarily organized crime because the people who worked together to steal things from various locations that evening may not have any sort of plan to work together on any other occasions to carry out any other crimes.

While many crimes that are not part of organized crime schemes are reported, a great deal of organized crime goes unreported. While theft and drug crimes are sometimes associated with organized crime, other crimes such as human trafficking, public corruption, and money laundering are also often organized crime activities. Reports from law enforcement indicate that a large amount of organized crime happens in Texas.

A few recent news stories involve Texas cases where the individuals involved have been charged with organized crime. On March 15, two men were arrested for stealing ATVs and a trailer in Tom Green County. Further investigation revealed evidence linking the two men to other thefts and a third person who was involved in at least some of the illegal activities. In an unrelated case, two people from Temple were arrested in March for mail theft. Investigation into their activities has connected them to numerous thefts of tools and equipment from fire departments and construction sites, and bank fraud. It will remain to be seen whether the organized crime portions of the charges will be upheld in either of these cases.

Any criminal charge can have a serious impact on your life, and organized crime charges can be even more devastating. If you have been charged with any form of organized crime, you need the assistance of an experienced East Texas Criminal Defense Attorney.  To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient contact form.

 

4 Reasons Why You Need an Attorney for Your Texas Misdemeanor Case

Thursday, March 13th, 2014

One common mistake that defendants who are charged with misdemeanors make is handling their misdemeanor cases on their own without the aid of an attorney. If you have been charged with a misdemeanor of any class, know that facing misdemeanor charges on your own is risky. Here are four reasons why you should seek the assistance of an experienced Texas criminal defense attorney.

Knowing and understanding your rights is an important part of any criminal case, including a misdemeanor. Everyone who is involved in the legal process, from police and investigators to prosecutors and others must follow certain rules. The rules are designed to protect the rights of persons who are accused of crimes, so if one or more rules have not been followed in your case, your rights may have been violated. A violation of rights could be the basis for excluding certain evidence from your criminal case. An attorney will help you to understand your rights, and they can also help you take steps to protect them.

A second good reason to involve a skilled criminal defense attorney in your misdemeanor case is so that you will be able to understand the options that are available to you. You may be eligible for programs like probation or diversion, which may sound good when they are presented to you. Before you decide which way to go with your case, it is important that you fully understand all of the terms and conditions that you would be agreeing to in selecting each option. For example, probation agreements may contain requirements that would take more time, effort, or money to comply with than you are willing to invest. Defendants who sign off on probation agreements without truly understanding what they mean are at a high risk for violating their probation. In contrast, defendants who negotiate probation agreements that contain conditions that they feel they can fulfill are likely to complete the term of their probation successfully.

A third reason to seek legal representation in your misdemeanor case is that your criminal defense attorney may be able to help you to keep the charges off of your record. If your charges are expunged, you will have more privacy regarding your record. Your attorney will know whether you may qualify for expunction, and they can help you pursue it if it is an option for you.

The fourth reason that it is important to seek legal counsel if you have been charged with a misdemeanor is that the punishments for some misdemeanors are more severe than you might expect. In addition to fines and/or jail time, a misdemeanor conviction could have consequences which can reach far into the future. For example, if you are arrested in the future for the same type of offense, you may receive an enhanced penalty. You may also experience difficulties in obtaining work, getting public assistance, and finding housing. Your family life may also be affected, as convictions may affect your ability to have custody of your children or to become an adoptive or foster parent. A seasoned criminal defense attorney can help you to understand both the short-term and long-term consequences of a conviction. More importantly, they are your best defense against being convicted.

If you have been charged with a misdemeanor, you will benefit from the assistance of a knowledgeable East Texas Criminal Defense Attorney. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.