Do Field Sobriety Tests Often do More Harm Than Good?

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If a police officer has ever asked you to perform a field sobriety test, you probably felt like you had no choice but to get out of the car and do your best to walk in a perfectly straight line, or to point to your nose in just the right way. What many people do not know about field sobriety tests is that you do have a choice about whether or not you participate in them. Also, many people are unaware of all of the potential implications of engaging in field sobriety testing.

It is important that you become familiar with field sobriety testing, because you never know when your next traffic stop might be. Even if you do not consume alcohol, you should educate yourself about this issue because sober drivers are sometimes asked to perform field sobriety tests.  In fact, one of the most disturbing things about field sobriety testing is that some sober drivers fail the tests and are subsequently charged with driving under the influence of alcohol, while some drivers who are intoxicated pass the tests and get back behind the wheel.

Field sobriety tests are increasingly becoming regarded as inaccurate assessments of intoxication. The National Highway Transportation Safety Administration has not issued any standards for administering or scoring field sobriety tests. This leaves the decision about whether an individual passes or fails each test up to the subjective judgment of the law enforcement officer administering it. Studies have shown that police officers judge a driver’s level of intoxication incorrectly during one third of all field sobriety tests that they administer. This means that every time you choose to do a field sobriety test, there is a one in three chance that you will either be wrongly accused of driving under the influence or that you will be permitted to continue driving while intoxicated, depending upon your actual condition.

Not only are field sobriety tests inaccurate, they are also damaging. Whenever an officer asks you to step outside of your vehicle for a field sobriety test, they have already decided that they think that you have been drinking. Every single movement that you make once you decide to exit your vehicle becomes evidence that the law enforcement officer can use to build his or her case in support of a DWI conviction.

Engaging in a field sobriety test will not, contrary to popular belief, get you back on the road faster by “proving” that you are sober. Sober drivers often make the mistake of choosing to participate in field sobriety tests because they think that the officer will certainly be able to see that they are not intoxicated. Unfortunately, many people are not aware that they can easily fail a field sobriety test when they are completely sober. If you are nervous or tired, you could be a little shaky on your feet. The same goes for if you are wearing high heels, or if the road surface is wet, uneven, or slippery. Some tests require a fair amount of coordination, and some people will fail those tests when they are sober simply because they are not very coordinated.

If you have been accused of driving under the influence of alcohol, you need the help of an experienced Longview DWI defense attorney. To learn more about how we can help you to defend yourself against DWI charges, schedule a free consultation with East Texas DWI defense attorney Alex Tyra today. Call our office at (903) 753-7499, or visit our law firm website to submit an online contact form.

 

How to Start Building Your Criminal Defense Case Now

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There are many stages that a criminal case passes through before it runs its course. From the arrest and booking to the arraignment, pre-trial hearings, and trial, there are many opportunities for a defendant to put his or her best foot forward and make a case for the reduction or dismissal of his or her charges.  Accordingly, if you are currently facing criminal charges in Texas, there are a few things that you can do that could improve the outcome of your case.

One essential ingredient for a successful criminal defense is information. Your Texas criminal defense lawyer needs information from you so that they can approach your defense from as many angles as possible. If your lawyer asks you for information, get it to them as quickly as you can so that they can decide how they will use it. The same is also true when you have questions about your case. Your attorney has a wealth of knowledge and information about criminal law, and you can access that knowledge by asking questions when you are confused, concerned, or simply want to know more about something. Statistics have shown that clients who are responsive to their attorneys’ requests for information and other communications, and who ask questions when they have a need for information, are more satisfied with the outcomes of their cases than clients who are not actively involved in communicating with their attorneys.

If drug or alcohol use is associated with the criminal charges that you are facing, then substance abuse counseling and/or treatment are likely to be required of you during probation. You can get a head start on addressing any substance abuse issues that you may have by finding an appropriate doctor, treatment facility or counseling provider and beginning to work on those issues now. When you go to court, there is a good chance that whatever program or treatment you are using can become part of your probation, if you can show that it is working for you. Choosing your own doctor, counselor or treatment program gives you the best chance at successfully addressing your substance abuse issues, instead of letting the court decide which programs you will attend.

A third thing that you can do which will both benefit you and help you to present a solid case in court is to continue doing those things that you were doing prior to your arrest which were good things. If you can keep working at your job, do it. If you were in school, stick with it. Some people let things fall to pieces after they have been arrested, and this often creates problems that extend beyond the consequences of the original arrest. Continuing on with your life’s positive endeavors is a great thing for both you and your criminal case because it can help you to remain confident that you will have a positive outcome, and because it creates an image of you as a generally law-abiding citizen who made a mistake.

An experienced Longview criminal defense attorney can help you to navigate your criminal case, from start to finish. Schedule a free consultation with East Texas criminal defense attorney Alex Tyra today, by calling (903) 753-7499, or visit our law firm website to submit an online contact form.

 

Sex, Drugs, and the Entrapment Defense in Texas

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The defense of entrapment is something that many people have heard about, yet few people fully understand. Typically, people think about entrapment when someone is arrested for committing a drug or sex crime, especially during law enforcement “sting” operations.  Some people mistakenly believe that any time a police officer or other government official “sets up” a situation in which a person commits a crime, (such as soliciting a prostitute or selling drugs), there automatically is a case of entrapment. This is simply not true, and, unfortunately, this mistaken belief may provide some criminal defendants with the false hope of getting their charges reduced or dismissed.

In reality, true cases of entrapment are actually quite rare.  Law enforcement officials are well aware that if they cross the line between merely providing an individual with an opportunity to engage in criminal activity and convincing an individual to commit a crime through the use of persuasion, then their case will not succeed. Texas uses an objective standard to determine whether entrapment has occurred in any particular case.  In applying the objective standard, the courts look at the actions of the police officers and any individuals that were working under the officers’ direction in carrying out the scenario that led to the purported entrapment. If the court determines that the actions of the officers and/or the individuals assisting them were calculated to induce, seduce, coerce, or otherwise cause someone to commit a crime, then a defense of entrapment may be successful.

Examples of inappropriate action by law enforcement include sexual favors, excessive financial incentives, and repeated requests combined with emotionally charged stories. Perhaps the best way to explain entrapment is to distinguish situations where entrapment actually occurs from situations in which a person is merely afforded an opportunity to commit a crime and freely chooses to do so. For example, if an undercover police officer asks a person multiple times over the course of a few weeks if he can buy drugs from them, and eventually asserts that he wants to buy the drugs so that he can give them to his mother, who has only days to live and is in extreme pain, than an entrapment defense may succeed because of the officer’s over-the-top behavior. On the other hand, if an undercover police officer dresses like a prostitute and stands near the street, and a someone drives over to where she is standing and asks her how much money it would cost for him to have sex with her, that individual will probably not be successful in asserting an entrapment defense because the undercover officer merely provided an opportunity for the crime of soliciting prostitution to occur.

If you have been charged with a drug crime or a sex crime and you feel as though you were coerced, bullied, badgered, or otherwise strong-armed into committing an unlawful act, you may be able to use the defense of entrapment. A knowledgeable Longview criminal defense attorney like Alex Tyra can help you to determine whether the defense of entrapment is available to your particular case. Call our Longview office for a free consultation, at (903) 753-7499, or submit a case contact form via our law firm website.

Stolen Guns are a Texas Sized Problem in the Lone Star State

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Did you know that more guns are stolen in Texas than in any other state?   It makes sense, if you think about it, because Texas has a larger population than many states. Not only that, but when you consider that many Texans own firearms, it is not really a surprising statistic. Earlier this year, the President ordered the Bureau of Alcohol, Tobacco, and Firearms to conduct a study and report the number of firearms that have been reported lost or stolen on a state – by – state basis. Nearly nineteen thousand guns were reported stolen or lost in Texas last year. Of course, there is no data available on the total amount of firearms that were lost or stolen, because many more guns are stolen than are actually reported as stolen.

Stolen guns pose a greater threat to the public than guns that are purchased legitimately. Many guns that are stolen from private individuals or businesses are later used to commit crimes, and many of these guns are recovered at the scenes of the crimes. If your gun turns up at the scene of a crime, you may be facing even bigger problems than whether or not you will get your stolen gun back. When you take precautions to prevent gun theft, you not only reduce the chance that one or more of your guns will be stolen, you reduce the chance that one or more of your guns will make it into the hands of a criminal who uses it to commit a crime.

Your first line of defense against criminals stealing your gun and using it to commit crimes is to keep it stored in a secure place. In case you are wondering, a locked vehicle is not necessarily a secure place, especially if the gun is within view of people looking inside of your vehicle. A gun safe really is your best bet, especially one which can be mounted to your wall or floor. Not only do gun safes reduce (and practically eliminate) the chance of your guns being stolen, they help to keep your family and children safe, too. In addition to keeping your gun locked away in a safe place, it is important that you keep a file or notebook of detailed information about your guns, including pictures, serial numbers, and detailed descriptions as well as service records. This information can be used to file a report if one of your guns does get stolen, and can help you to prove that the gun is yours if it is eventually recovered. One other way that gun owners can prevent gun theft is to be very careful about lending your firearms to anyone. If the borrower does not keep your gun in a secure place, other people whom you did not authorize to borrow your gun may have access to it and it may end up in the wrong hands.

If your gun is lost or stolen, it is a good idea to report it even though Texas law does not currently require that you do so. Many stolen guns that are used to commit crimes are left at the crime scenes, where they are discovered by police. Reporting your gun as stolen can help you to clear your name if your stolen gun is later used during the commission of a crime. It can also increase the chances that your gun will eventually be returned to you.

Gun theft is a big problem in Texas. If you live in East Texas and your stolen gun has been used to commit a crime, contact The Law Office of Alex Tyra, P.C., for a free consultation at (903) 753-7499. Phone calls are answered 24 hours a day, 7 days a week.

Do You Need An Attorney When Dealing With Your Criminal Case?

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Within our lives it can certainly be said and seen that we will experience different things that vary each and every day. Ultimately, we take away many things from these experiences whether it is insight with future situations, an award, a lesson learned, or even that of consequences that impact our future opportunities and decisions. Today, when you commit a criminal crime you are experiencing an aspect of life that directly impacts you now, and later down the road. Yet, when you are dealing with criminal charges should you consider seeking out an attorney?

Criminal charges, and cases themselves vary on a very situational and case-by-case basis for a multitude of reasons. When an individual is charged with a crime they not only currently face consequences that impact their lives, but also that of consequences that can alter their lives for years to come. However, when it comes down to whether or not you should seek legal assistance, and representation in the court of law it is very important to way your options and what results could easily be associated with both.

Consider The Facts

Today, many individuals are under the impression that they can solely represent themselves adequately in their preliminary hearing, as well as in any further court proceeding pertaining to their case. Yet, in the majority of instances we see individuals basically “crash, and burn” and are left with serious legal penalties and consequences they now must face. However, when you seek out an experienced, criminal attorney you can expect that your case will handle with extreme care, and dedication. Your attorney will look at all aspects of your case in order to help provide some possible evidence, facts, and expert witness accounts that helps better solidify your defense, and ultimately, your case.

Remember, it is extremely important regardless of the crime you are suspected, or falsely accused of committing that you seek out an experienced, criminal law attorney to fight for your case accordingly. Without one, one can also assume that you’re playing baseball without a bat in hand.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation When you need assistance from an experienced attorney or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499.  All initial consultations are free.  Phone calls are answered 24 hours a day, 7 days a week.

Is Depression Linked To Shoplifting?

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In our lives we face many different aspects of life that vary with each day that we encounter. While some days can be exciting, and harmonious for us other days can hold stress, and strife. However, in our lives we simply just do not have the time to evaluate all of these emotions and take care of them and ultimately have to keep pushing with the busy schedules that we have. However, today, depression is an aspect of life, and our emotions that is very present in the United States that affects thousands of individuals on many different levels.

The Facts of Depression

The majority of the time individuals, who are feeling “under the weather”, or sad, simply take a day or so to pull them out of the gloom. However, depression is a mental disease that can cause serious psychological and emotional issues now, and later down the road. Most of the time, individuals will seek out a therapist, or licensed psychologist to help identify, and discuss their depression. Yet, depression also has to deal with your body as well and prescription medication is also prescribed to many in order to fight back the negative, sad feelings chemically.

Alternative Therapy Means Criminal Charges

Yet, today, there are many individuals in America that do not seek treatment for their depression and ultimately make poor decisions as a result of it. One aspect of depression that is affecting one group of individuals today is that of shoplifting. Middle-aged women are the group with depression that is most likely to shoplift, especially if they do not have any past legal discrepancies. Unfortunately, however, shoplifting is a crime in all 50 states that individuals can not only be charged with, but also ultimately convicted. When an individual shoplifts they have serious consequences that include fines, jail time, probation, and the fact that it will permanently be on your record.

However, accidents and mistakes are a common aspect of our lives whether it is spilling milk, or running out of gas. Shoplifting is an unfortunate mistake that some people make everyday, which is evidently more likely to occur with those with depression. However, if you have made the mistake of shoplifting you need an experienced criminal attorney on your side from start to finish with your case. By doing so, your attorney can factor in many aspects of your correlation to the shoplifting incident taking place, including that of depression.

 

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation When you need assistance from an experienced attorney or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499.  All initial consultations are free.  Phone calls are answered 24 hours a day, 7 days a week.

 

Studies Show Field Tests Unreliable

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Driving while under the influence of alcohol and/or other drugs is a serious crime that can easily affect the lives of individuals in the blink of an eye.  A DUI or DWI can alter the life of an individual in any varying aspects, which can easily impact your life legally, personally, and even professionally. When an individual is charged and convicted of a DUI they can expect to pay many fines and even face the possibility of going to jail for a period of time. However, more and more individuals today are being charged, and unfortunately convicted of a DUI or DWI falsely thanks to faulty equipment and tests.

When an individual is pulled over for allegedly driving under the influence the investigation immediately begins when the police officer sights the vehicle. From there, the individual is asked to participate in something known as a field sobriety test. This test exists in order to check the balance and the reflexes of an individual. However, this test is actually helping falsify individual’s scores everyday. Studies show that most individuals have enough difficulty trying to do the test sober. So, if an individual was truly under the influence an officer could certainly notice.

One thing that is continuously giving more and more individuals a DUI charge, and a later conviction is that of a breathalyzer. Breathalyzers are instruments law enforcement officers use in order to detect an individual’s blood alcohol content, or BAC. While breathalyzers are suppose to specifically pick up the content of alcohol within an individual’s breath it realistically picks up almost everything in an individual’s breath. These instruments can easily produce false results due to smoking, what you have eaten, if you have false teeth, and many other varying reasons due to your body’s pH level.

Both of these “routine tests” not only fail to do their job properly, but also the continued use of them is causing more and more innocent individuals to be charged with a false DUI or DWI. Make sure if you have been charged with a DUI or DWI falsely to contact an experienced attorney immediately in order to get your innocence back today.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation When you need assistance from an experienced attorney or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499.  All initial consultations are free.  Phone calls are answered 24 hours a day, 7 days a week.

Understanding “Minor In Possession” Charges

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Today, driving while under the influence of alcohol or other drugs continues to keep rearing its ugly face in the lives of many each and every day. When an individual drinks and drives they put not only themselves at risk of being hurt or killed, but also all others that are around them and their vehicle. Drinking and driving can easily land an individual in a serious situation that can easily end up with them paying numerous legal fees, or even some jail time. Yet, one thing that easily contributes to drunken driving each year is that of under age drinking.

When an individual receives a ticket for either a MIP, or MIC, what is it and what happens as a result from it? Minor in possession (MIP), or minor in consumption (MIC), deals directly with that of underage drinking. An MIP is when an individual under the age of 21 is simply holding alcohol, or they have it within their immediate setting, whereas an MIC is given when an individual under the age of 21 is caught drinking alcohol. Today, teenagers keep drinking and know what these tickets are. However, do they understand what consequences come with either of these?

Under normal circumstances, those individuals who get either one of these tickets and do not have further issues with the similar situation in the future will have the charge expunged after they turn 21. However, if another ticket is given as a result of underage drinking both charges will not be expunged and will result in being seen on your record. These can impact many things in student’s lives such as employment now and later, and even their enrollment status at their secondary education institution.

Remember at the end of the day if you are under the age of 21 drinking is illegal throughout the whole United States. Whether you believe it or not you can easily be charged with a crime as well when you buy alcohol for those under the age of 21. Make sure that the alcohol is kept at the store, or at least until the children are old enough to buy it themselves.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation When you need assistance from an experienced attorney or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499.  All initial consultations are free.  Phone calls are answered 24 hours a day, 7 days a week.

Decrease In National Crime

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As we have all come to be aware with change is certainly inevitable. From trends, technology, to even what we eat everything around us can usually be seen changing fast or slow. Usually, one expects change to be simply good or bad. In so many instances we have seen things go from one to the other or back in a matter of days, and even moments. However, change is inevitable especially as we begin to look at a new day, a new month, and a new year.

With it being the beginning of 2012 many people have this year in mind with New Year’s resolutions, goals, and even making plans for future events. One last look at the year of 2011 shows us that we certainly have a positive precedent set towards that of crime. Studies before the end of the year showed us that crime in Texas not only decreased significantly, but also that of the crime nationwide.

Violent crimes were lowered greatly in the past year, which include but are not limited to that of robbery, murder, and even rape. In Texas these crimes went down significantly 22 percent of that of the year previous to it. Rape overall was lowered by 6.5 percent, which contributed to the national rate dropping to 5.1 percent.

Many studies have factored in many different variables in order to try to understand why the number has decreased in such a positive manner. Reports state that due to increased security and police efforts many cities cross the country is becoming safer and safer as each day passes. Due to technology today many law enforcement entities are able to easily not only track, but also map down crime in order to help aide future efforts that may occur to crack down on a specific crime.

Overall, we can see that 2011 certainly did leave us in a new year with a new mind set on crime. With crime becoming lower and lower over time one can only assume that the number will become lessened within the future.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation When you need assistance from an experienced attorney or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499.  All initial consultations are free.  Phone calls are answered 24 hours a day, 7 days a week.

Decrease In National Crime

/in /by

As we have all come to be aware with change is certainly inevitable. From trends, technology, to even what we eat everything around us can usually be seen changing fast or slow. Usually, one expects change to be simply good or bad. In so many instances we have seen things go from one to the other or back in a matter of days, and even moments. However, change is inevitable especially as we begin to look at a new day, a new month, and a new year.

With it being the beginning of 2012 many people have this year in mind with New Year’s resolutions, goals, and even making plans for future events. One last look at the year of 2011 shows us that we certainly have a positive precedent set towards that of crime. Studies before the end of the year showed us that crime in Texas not only decreased significantly, but also that of the crime nationwide.

Violent crimes were lowered greatly in the past year, which include but are not limited to that of robbery, murder, and even rape. In Texas these crimes went down significantly 22 percent of that of the year previous to it. Rape overall was lowered by 6.5 percent, which contributed to the national rate dropping to 5.1 percent.

Many studies have factored in many different variables in order to try to understand why the number has decreased in such a positive manner. Reports state that due to increased security and police efforts many cities cross the country is becoming safer and safer as each day passes. Due to technology today many law enforcement entities are able to easily not only track, but also map down crime in order to help aide future efforts that may occur to crack down on a specific crime.

Overall, we can see that 2011 certainly did leave us in a new year with a new mind set on crime. With crime becoming lower and lower over time one can only assume that the number will become lessened within the future.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation When you need assistance from an experienced attorney or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499.  All initial consultations are free.  Phone calls are answered 24 hours a day, 7 days a week.