Texas Criminal Defense Attorney Says Full Exoneration is Worth Pursuing for the Innocent

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Criminal convictions stop people right in their tracks. Whatever they were doing in their life before they were charged with and convicted of a crime gets put on hold. For individuals who are wrongfully convicted, their convictions place their lives on hold as they wait for the day when the truth sets them free.

The criminal justice systems in Texas and elsewhere do not function perfectly. Sometimes, innocent people are not only charged with crimes, but they are also convicted of them. Five years ago, Greg Kelley was convicted of aggravated sexual assault on a child. He went to prison and spent three years behind bars. Recently, prosecutors took another look at his case after Kelley’s defense attorneys brought new evidence and alternate suspects to their attention. This November, the Texas Court of Criminal Appeals overturned Greg Kelley’s conviction. At a subsequent hearing, District Court Judge Donna King approved the decision to overturn Kelley’s conviction and declared him “fully exonerated.”

Before Greg Kelley’s life path took a sudden and unexpected detour into prison, he was a star athlete with dreams of attending college and playing football. His performance as a defensive back for Leander High School had gotten the attention of multiple colleges, including the University of Texas-San Antonio, Rice, and Texas State. Six years after a wrongful accusation and conviction sidelined his hopes and dreams, Greg Kelley can move forward again. He is engaged and plans to marry his fiance in January. His hopes of attending college are also about to be fulfilled. Recently, he received word that he is accepted to the University of Texas at Austin. Greg Kelley may even get to play college football. He could walk-on for the Longhorns, pending a successful tryout before the start of the upcoming football season.

It’s possible that Greg Kelley will not only be able to move forward with the dreams he had to put on hold but that he will also receive compensation for the years that were taken from him during the time that he was wrongfully incarcerated. If a person who is convicted of a crime in Texas is later declared “actually innocent” in a Texas court order, they may pursue a claim of wrongful incarceration against the State of Texas. That order has been granted for Greg Kelley, and his defense attorney plans to pursue a claim for wrongful incarceration against the State of Texas on his behalf.  If the claim is successful, Greg Kelley will be able to attend college without incurring any student loan debt. Compensation under the Texas wrongful incarceration act includes free tuition at any Texas college and additional payments of approximately eighty thousand dollars per year that the individual spent in prison.

Greg Kelley’s story is a hope-filled example of how individuals who are exonerated can regain what they lost when they were convicted, and sometimes gain even more. If you have been convicted of a crime that you did not commit, do not give up on fighting for your freedom. Align yourself with a Texas criminal defense attorney and take a stand against your wrongful conviction. To learn more about how a Texas Criminal Defense Attorney can help you pursue exoneration, call Attorney Alex Tyra today. Call us today, at (903) 753-7499, or fill out a convenient online contact form on our website.

 

 

Texas DWI Defense Attorney Reminds You That Repeat DWI Offenses Have Many Costs

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Some things are worth repeating. A DWI arrest is not one of them. It seems as though not much time passes in between news reports regarding repeat DWI offenders, so it’s time for us to repeat a message that we have discussed multiple times before. One DWI arrest can cost you many of the things that art important to you, and each subsequent DWI arrest and conviction will cost you even more of your freedom, your money, and your time, among other things.

Last month, a jury in Austin, Texas, convicted sixty-four-year-old Irby Allison of felony DWI. The charge was filed in connection with Allison’s DWI arrest in October of 2017. Irby Allison chose to have the jury decide on his punishment. After less than a half-hour of deliberating the issue of his penalty, they sentenced him to twelve years of imprisonment. Twelve years is a lengthy period of time for any person to spend in jail. At his current age of sixty-four, Irby Allison will likely spend most, if not all, of the remainder of his life behind bars.

A twelve-year sentence is not something that every DWI offender is likely to face. The evidence presented to the jury during the sentencing phase of Allison’s trial gave the jurors important information about him that weighed heavily on their decision. The prosecution showed the jurors evidence of Allison’s three previous standard DWI convictions. They also presented evidence regarding his 2007 conviction for intoxication assault and intoxication manslaughter following a DWI wreck that killed one person and seriously injured another. Irby Allison’s arrest in October of 2017 was his fifth DWI offense, and that’s why the jury did not hesitate to issue a lengthy sentence for him.

Unfortunately, a fifth-offense DWI is not unheard of in Texas. A Texas man in his mid-thirties killed two women in a crash that resulted in his sixth DWI offense. Jonathan Moore’s five previous DWI convictions resulted in a total of only two months spent behind bars because almost all of his sentences had been reduced.

In Texas, first and second offense DWIs are misdemeanors. After that, each time that driver is arrested again for DWI, they face felony charges. While there are numerous reports of individuals like Jonathan Moore receiving probation after they have been convicted of DWI three or more times, some felony DWI offenders pay a far higher price. For example, a judge sentenced Donald Middleton to life in prison following his ninth DWI conviction. Middleton is not eligible for parole for thirty years.

One out of every twenty inmates in Texas prisons is a repeat DWI offender. Whether you are charged with your first DWI or a subsequent offense, a lot is at stake, including your freedom. DWI convictions carry severe consequences, especially for third and subsequent offenses. A Texas DWI defense attorney can help you protect your liberty, your family, your freedom, and other things that are important to you. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.