Texas Criminal Defense Attorney Wants You to Take Misdemeanor Charges Seriously

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Defendants charged with misdemeanors sometimes choose to handle their cases on their own without the aid of an attorney. If you are charged with any misdemeanor, please know that facing misdemeanor charges on your own is risky and could result in serious consequences. Fortunately, an experienced Texas criminal defense attorney can reduce the risk of those consequences and help you through each stage of your misdemeanor case from start to finish.

One thing that your attorney will do is help you understand your rights, as well as the process that your misdemeanor case will go through from beginning to end. In addition to helping you understand your rights, your attorney can help you protect those rights and defend them if they have been violated.

Another way in which your attorney will help you is that they can explain the various options for resolving your case. You may be eligible probation or diversion, and those programs may sound appealing. It is important that you fully understand what each of those options entails before you decide which way to proceed with your case so that you can ensure that you are making the best choice for yourself. For example, in some cases, defendants who sign off on probation agreements without understanding what those agreements require of them are at a high risk for violating probation. In other cases, defendants who work with their attorneys to negotiate probation agreements that contain conditions that they feel reasonably confident that they can fulfill are likely to complete probation successfully.

Did you know that the punishments for some misdemeanors are rather severe? Defendants convicted of misdemeanors are subject to fines and/or jail time, and a misdemeanor conviction could also have consequences that can reach far into the future. For example, you could experience difficulties in finding a job, getting public assistance, or finding a place to live. A conviction could even affect your ability to have custody of your children.

In addition to the usual risks that come along with handling a misdemeanor case on one’s own, defendants in Harris County who represent themselves in misdemeanor cases could be unlawfully jailed. County statistics show that only eight and one-half percent of individuals arrested on misdemeanor charges and who are not released without bond before trial may be released on personal bonds. Personal bonds differ from other types of bail bonds because they do not require the use of a bail bondsman or the use of cash. Unfortunately, while those eight and one-half percent of misdemeanor defendants pay their personal bonds and get released and other defendants obtain release before trial without bond, hundreds of other misdemeanor defendants spend time in jail for charges of shoplifting or trespassing because they cannot afford to post bail.

Your Texas criminal defense attorney will help you understand both the short-term and long-term consequences of a conviction. Perhaps even more importantly, they are your best defense against being convicted. If you face misdemeanor charges, call Texas Criminal Defense Attorney Alex Tyra today, to schedule a free consultation. Call us at (903) 753-7499, or visit us online to submit a convenient online contact form.

Texas Criminal Defense Attorney Discusses Wrongful Drug Convictions

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If you have been charged with a drug crime, you are probably rather concerned about how it will impact your present situation as well as your future. If you know that you did not commit the offense, you may be even more worried and you may wonder whether there is any way that you will be able to show the court that you did not commit the offense. This is a real concern because sometimes, individuals are wrongfully convicted of drug crimes.

One example of a wrongful drug crime conviction occurred when a Houston police officer plucked a spot of white powder off the floorboard of the defendant’s car after he had just detailed it. The officer tested the powder with a simple test kit that is known to have a high error rate, and it came back positive for cocaine. No one mentioned that the sample would be tested by a crime lab to double check the officer’s test kit result. Although the driver maintained his innocence, he accepted a plea deal because a conviction could have given him up to thirty years in prison. Seven years later, the Harris County District Attorney’s Office notified him that there had been no cocaine found in the sample. After successfully filing a writ of habeas corpus with the Texas Court of Criminal Appeals, he was finally exonerated.

Unfortunately, that driver’s story is not the only story where crime lab test results could exonerate a defendant who was convicted of a drug offense. Nearly three hundred similar instances have been revealed by a recent audit of drug cases by the Harris County District Attorney’s Office. In all of these cases, roadside tests or officers’ observations were used to establish probable cause for the arrests. While roadside drug tests are not very accurate and cannot be used as evidence, they are still used to establish probable cause which leads to arrest.

In many of the wrongful convictions discovered during the audit, the defendants sat in jail as they awaited trial because they were unable to post bail. Drug offenders, including misdemeanor drug offenders with little or no criminal history, are often required to post bail. Some of these defendants even accepted plea deals to get out of jail faster even though they had done nothing wrong.

One of the effects of the audit was a change in the District Attorney’s policies. Prosecutors generally won’t  accept a guilty plea in a felony drug cases before they receive lab reports that confirm the evidence. However, defendants should know that plea deals are still accepted prior to lab testing in misdemeanor drug cases and in select types of felony cases which enable jailed defendants to qualify for probation.

The reason that test results are not always readily available is that lab officials had implemented system for drug testing that had test results coming back months or even years after the defendant entered their guilty plea. Some test results showed officer errors like misidentification that led to the arrests. Overall, the audit demonstrated that drug case evidence could be flawed, and that is something that each defendant can remember to explore with their attorney as they proceed through the stages of their criminal matter.

Facing drug charges can be tough, but you do not have to go it alone. A knowledgeable East Texas Defense Attorney can help you navigate your criminal case all the way through to its resolution. To learn more, call attorney Alex Tyra today at (903) 753-7499 to schedule your free consultation.

 

Texas Criminal Defense Attorney Discusses Allegations Of Corruption In The Dallas County District Attorney’s Office

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On June 30, 2016, the Dallas Morning News reported that a Dallas County District Attorney’s Office chief investigator pleaded guilty in federal court to corruption charges. The investigator pleaded guilty to an indictment alleging that he accepted a bribe from a convicted sex offender. The Dallas County District Attorney’s Office prosecuted the man for failing to register as a sex offender. However, the District Attorney’s Office dismissed the case. An investigation by federal authorities revealed the sex offender paid off the District Attorney’s Office chief investigator in 2013 with a bribe disguised as an opportunity to invest in the sex offender’s business.

Prosecutors are sworn to uphold the Constitution and follow the law. A prosecutor’s job is to fight for justice, not merely a conviction. Winning at all costs is not the calling of a prosecutor. One man embroiled in the District Attorney’s Office bribery scandal, who was a First Assistant District Attorney at the time, defended his actions by claiming he was making the appropriate decision on the case by dismissing a case with insufficient evidence. A prosecutor is ethically bound to dismiss a case lacking evidence.  The former First Assistant stated that he dismissed the failure to register charge because there was not enough proof the defendant committed a crime. From that perspective, it appears that the District Attorney’s Office made the correct decision.

Federal authorities are rarely satisfied by convicting relatively low-hanging fruit. They want to prosecute corruption at the highest levels. Some speculate that the upper-echelon of the District Attorney’s Office is the subject of a federal bribery investigation. The federal judge will sentence the chief investigator in October of this year. The delay in sentencing gives federal law enforcement a chance to investigate the case even further to see how high up the chain of command they can go. The federal authorities can ask the chief investigator to cooperate with their investigation. The sentencing judge can take into consideration at sentencing the chief investigator’s cooperation with federal authorities and reduce the man’s sentence.  As the case stands at this time, the investigator faces a five-year federal prison sentence and a $250,000 fine. The former First Assistant District Attorney under scrutiny for dismissing the sex offender’s case denied further wrongdoing in the District Attorney’s Office.

The question of whether the bribery scandal reaches the executive level is interesting. Commentators question several maneuvers made by the District Attorney’s Office with the sex offender’s case. First, the sex offender was found in Las Vegas. Instead of the Sheriff’s Office bringing the man back to Dallas to face charges, the chief investigator brought the sex offender back. People questioned this procedure because the Sheriff’s Office employs trained deputies to rendite, or bring people to Texas from other states to face prosecution. Rendition does not fall within the chief investigator’s job description.  The bribery scheme was apparently hatched during the return flight from Las Vegas to Dallas. Secondly, the First Assistant District Attorney’s involvement with dismissing the case is out of place.  Many other individuals were capable of making the decision to dismiss the case. People interviewed for the Dallas Morning News’ article stated it was unusual for a higher level assistant district attorney, like a First Assistant, to be involved with those decisions but it did happen occasionally.  Further investigation can resolve those questions. It is important to note that the former First Assistant vehemently denied any wrongdoing by him or others in his office.

Longview, Texas Criminal Defense Attorney On Your Side

If you face criminal charges in Texas, you need a tough, experienced Texas Criminal Defense Attorney fighting for you like the attorneys at The Law Office of Alex Tyra, P.C. Call them today at 903-753-7499 to have your questions answered 24/7 or to schedule an appointment.

Texas Criminal Defense Attorney Discusses Crimes Committed With Imitation Weapons

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There is an interesting bit of misinformation that has been making the rounds, and it has resulted in an unusual crime trend. The Texas police report that the number of offenses committed by people carrying imitation weapons is on the rise. One possible reason for the trend makes perfect sense – imitation weapons like bb guns are inexpensive, easy to obtain without any background check, and effective because they are realistic looking enough to intimidate people. There is also another reason that people choose to use imitation weapons to commit crimes. Some people believe that if a weapon used in the commission of a crime is not real, the person who used the weapon during the crime will not be punished as harshly as they would had they been holding or using an actual gun.  That is simply not true, and, as you might imagine, some unsuspecting folks have gotten some rather unpleasant surprises after they committed crimes using imitation weapons.

In Texas, if a person uses an imitation gun while committing a crime and the victim of the crime believes it to be real, the individual who committed the crime can be charged with a first-degree felony. The maximum sentence that could follow a conviction on a charge like that is incarceration for life. Many different types of crimes have been committed by individuals armed with fake guns. From armed robbers to gang members disturbing the peace, the use of imitation weapons appears to have broad appeal.

The severity of the charges that can follow a crime committed with an imitation weapon are just one type of unpleasant surprise that a criminal can encounter when using a fake gun. Many Texans are licensed to carry firearms, and if someone who has a real gun by their side believes that they are about to be shot, or someone else is in danger of being shot, you can pretty much guess what happens next. The same goes for police officers – if an individual is brandishing a gun, an officer does not have any meaningful opportunity to examine it to determine whether it is real before they act to protect their life and the lives of others around them. Many imitation weapons are nearly impossible to distinguish from their authentic counterparts at any distance, and it is even harder to see what a gun looks like when the person holding it is concealed, in a dark area, moving, or waving the gun around.

Some states have banned the sale of realistic imitation weapons, and while Texas may eventually join in the effort, there is no such law here right now In the areas that do have those restrictions, imitation guns must have distinguishing characteristics, such as brightly colored stripes down the barrel.

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

Whether the gun crime that you are facing charges for involved a real or an imitation weapon, a conviction could have many effects on your life. An experienced Texas criminal defense attorney can help you understand the possible consequences of a conviction, as well as possible strategies for avoiding conviction. If you would like to learn more about how Texas Criminal Defense Attorney Alex Tyra could help you, call our office today, at (903) 753-7499.

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

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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 Criminal Defense Attorney Discusses the Constitutionality of Gang Injunctions

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Sometimes, individuals are prohibited from going certain places because there is a compelling reason to restrict their freedom to move about. For example, if a person has been found to be threatening to harm someone, the person who is being threatened may obtain a restraining order that prohibits the person who has been doing the threatening from being present within certain areas, such as the targeted person’s home, school, and workplace. Individual arrangements like restraining orders and probation agreements are tools that can be used to protect safety while providing some freedom for the individuals that are affected by them.

Unfortunately, not all orders restricting access to certain places are created equally. A recent gang injunction lawsuit in Harris County involves a proposed injunction that would ban ninety two individuals from a 1,326-acre area in south Houston. An injunction that would prohibit that many individuals from an area that large is a rather restrictive measure. It is so restrictive, in fact, that a number of criminal defense lawyers believe that it is unconstitutional.

The Texas Constitution forbids the banishment or transportation of citizens from the state. While the injunction would not ban the people from the entire state of Texas, the defense attorneys are certain that the purpose that the injunction would serve could be achieved through narrower measures. The reason that an injunction has been proposed is that there is a long-standing crime problem in area apartment complexes which is reportedly connected to gang activity. It is possible that the problem could be addressed by individual orders for each person, more specific restrictions for a smaller geographic area, or other measures, some of which may not even require the involvement of law enforcement or the court system. The attorneys argue that the proposed injunction, which is a form of civil relief, would unduly restrict the liberty of the individuals affected by it. The injunction would also infringe upon the individuals’ constitutionally protected activities by prohibiting them from working, living, visiting family, and assembling for religious purposes within the area covered by the injunction.

Texas Criminal Defense Attorney Alex Tyra – Protecting the Rights of Texans in the Criminal Justice System

Whether you are facing misdemeanor or felony charges, it is likely that you are aware of the impact that a criminal conviction could have on many areas of your life. An experienced Texas criminal defense attorney can explain the nature of the charges that you are now facing, and they will use the unique facts of your situation to make a solid plan for your defense. Your attorney is able to explain all of the various solutions that may be available to you in your criminal matter by describing how those options could affect various aspects of your life, especially those things in your life that matter most to you. If you would like to speak with us about whether we might be able to help you with your Texas criminal case, call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.

 

 

Texas Criminal Defense Attorney Talks about a Potential Shift in Drug Crime Policy

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Lawmakers in Texas may be preparing to take state drug crime policy in a new direction which could both lessen the penalties associated with certain drug crimes and shift the focus from punishment to treatment. As is the case with any matter related to criminal justice, the issue of how to address situations in which individuals break the laws regarding controlled substances is controversial. However, as prison populations remain high and individuals continue to engage in criminal activity once they are released from prison, it is important that Texas and other states explore alternatives to the current way of doing things.

Some of the changes that are being contemplated by the House Corrections Committee include downgrading some nonviolent drug crimes from felonies to misdemeanors and shortening sentences on other nonviolent drug offenses. The issues will be studied by the Committee throughout the remainder of this year, with possible legislation to follow in early 2017.

The potential changes to Texas drug crime policy will apply only to individuals who have been charged with specific nonviolent drug offenses, such as possessing small amounts of a controlled substance. However, many individuals throughout the state are charged with those offenses every year, so the effects of the potential legislation could be far-reaching.

The possible changes to the way that some nonviolent drug crimes are handled could help people who struggle with substance abuse issues get the treatment and support that they need. When a person is struggling with addiction, they are likely to continue to purchase and use their drug of choice whether the penalty for being caught doing so is $500.00 or $5000.00, and whether they would face jail time or not. Addiction is a powerful force with the potential to destroy a person’s life. While not every person who participates in drug treatment is able to overcome addiction, many of them do. The potential for drug treatment to help individuals move forward from drug use and abuse and into healthy, productive lives is greater than the potential for achieving those outcomes through the current system of fines and incarceration, which have resulted in high rates of recidivism.

Texas Criminal Defense Attorney Alex Tyra – A Strong Advocate for Texans

While drug crime policy reform in Texas may be on the horizon, if you have been charged with a drug crime in Texas, you need a strong ally in your corner right now. A seasoned Texas criminal defense attorney is able to help each client understand the nature of the charges that have been brought against them. Your attorney can also help you understand what your options are for resolving your criminal matter. Since each case is unique, your attorney will work with you to pursue a resolution of your case that is in line with your needs and priorities. To learn more about drug offenses or any other type of Texas criminal matter, please call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499 or contact us online to find out whether we can help you.

 

 

Texas Criminal Defense Attorney Talks about a Potential Shift in Drug Crime Policy

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Lawmakers in Texas may be preparing to take state drug crime policy in a new direction which could both lessen the penalties associated with certain drug crimes and shift the focus from punishment to treatment. As is the case with any matter related to criminal justice, the issue of how to address situations in which individuals break the laws regarding controlled substances is controversial. However, as prison populations remain high and individuals continue to engage in criminal activity once they are released from prison, it is important that Texas and other states explore alternatives to the current way of doing things.

Some of the changes that are being contemplated by the House Corrections Committee include downgrading some nonviolent drug crimes from felonies to misdemeanors and shortening sentences on other nonviolent drug offenses. The issues will be studied by the Committee throughout the remainder of this year, with possible legislation to follow in early 2017.

The potential changes to Texas drug crime policy will apply only to individuals who have been charged with specific nonviolent drug offenses, such as possessing small amounts of a controlled substance. However, many individuals throughout the state are charged with those offenses every year, so the effects of the potential legislation could be far-reaching.

The possible changes to the way that some nonviolent drug crimes are handled could help people who struggle with substance abuse issues get the treatment and support that they need. When a person is struggling with addiction, they are likely to continue to purchase and use their drug of choice whether the penalty for being caught doing so is $500.00 or $5000.00, and whether they would face jail time or not. Addiction is a powerful force with the potential to destroy a person’s life. While not every person who participates in drug treatment is able to overcome addiction, many of them do. The potential for drug treatment to help individuals move forward from drug use and abuse and into healthy, productive lives is greater than the potential for achieving those outcomes through the current system of fines and incarceration, which have resulted in high rates of recidivism.

Texas Criminal Defense Attorney Alex Tyra – A Strong Advocate for Texans

While drug crime policy reform in Texas may be on the horizon, if you have been charged with a drug crime in Texas, you need a strong ally in your corner right now. A seasoned Texas criminal defense attorney is able to help each client understand the nature of the charges that have been brought against them. Your attorney can also help you understand what your options are for resolving your criminal matter. Since each case is unique, your attorney will work with you to pursue a resolution of your case that is in line with your needs and priorities. To learn more about drug offenses or any other type of Texas criminal matter, please call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499 or contact us online to find out whether we can help you.

 

 

Texas Criminal Defense Attorney Talks about Violations of Probation

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For many Texans who are accused of crimes, probation is an attractive alternative to incarceration. Probation can be a good way for you to remain engaged in the productive things that you were doing in your community prior to being charged with a crime – as long as you follow the rules. Each individual who is on probation has a probation agreement that is designed to help them avoid getting into trouble with the law again. Some common provisions that are included in many probation agreements are abstinence from alcohol and substance use and meeting regularly with a probation officer. Understanding the terms of your probation agreement and abiding by them really is the only way to make probation work well for you.

Since following the rules of your probation is so important, keep a copy of your probation agreement where you can easily reference it. Also, build a strong relationship with your probation officer because they can be a good source of information and support during your probation. If you have a question about whether something that you would like to do, such as visiting friends or family out of state for the holidays, would be a violation of your probation, ask your probation officer about it before doing it.

If something occurs and you are thought to have violated your probation, Sections 521.295 and 521.296 of the Texas Code of Criminal Procedure specify that a hearing will be held with the purpose of determining whether you did in fact violate one or more terms of your probation. Information that will be discussed at the hearing is not strictly limited to whether or not you violated your probation agreement, the nature of your violation, the seriousness of your violation, and whether this is your first violation or a subsequent violation all weigh on the outcome of the hearing.

The outcome of your violation of probation hearing will dictate whether some or all of the consequences for violation of probation that were set forth at your original probation hearing will take effect. One possible outcome is that you walk away from the hearing with a warning. This outcome is more likely for first-time violators whose violations are not serious. Some violations, such as those for using drugs or alcohol or engaging in prohibited activities may indicate that you need additional support in order to successfully comply with your probation agreement. If this is the case, you may be ordered to attend a drug or alcohol treatment program, or to attend counseling. If you are found to have violated probation, you may also be ordered to perform a specific amount of community service or to pay a fine. Unfortunately, some violations of probation have very serious consequences including temporary jail time, an extension of the probation term, revocation of probation and confinement for the remainder of the term, or even new criminal charges if you committed a crime while violating probation.

Texas Criminal Defense Attorney Alex Tyra – Providing Texans with a Strong Defense

It is important that you be represented by an attorney at a violation of probation hearing. These hearings take place before a judge, and your attorney can present evidence and testimony from witnesses during the hearing.  If you have been charged with violating probation, Texas Criminal Defense Attorney Alex Tyra may be able to help you. To learn more, please call our office today, at (903) 753-7499. Alternatively, you may contact us online.

 

 

 

Texas Criminal Defense Attorney Discusses Concerns Surrounding the Use of DNA Evidence

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In recent years, the use of DNA evidence has become more and more widespread in criminal cases. Recent concerns regarding the accuracy of DNA evidence have called into question the verdicts of thousands of criminal cases in which that evidence was instrumental in making a conviction.

The collection and analysis of DNA evidence is a scientific process. Just as is the case with other types of science, such as medicine, scientists are constantly gaining new insights and making new developments in the field of DNA analysis. This means that the methods that have been used to analyze DNA samples have not remained the same over time. Continued innovation and insight are valuable, but, just as is the case with other types of science, as our knowledge and experience with DNA increases, we may learn that what we had previously thought to be correct is actually incorrect. Recent advancements in the field of DNA analysis indicate that crime labs all over America may have misinterpreted the results of some DNA tests.

In misinterpreting the results of mixed DNA tests, crime labs may have unintentionally miscalculated the probabilities associated with the samples that were tested. DNA evidence is sometimes explained to jurors as a type of evidence that can provide an answer to questions regarding the likelihood that a certain event occurred. For example, how likely is it that anyone besides the defendant in a criminal case was present at the crime scene? Some estimates suggest that the misinterpretation of mixed DNA test results could have generated statements regarding probability that were extremely inaccurate, such as a one in fifty chance being described as a one in a million chance.

The potential implications of the aforementioned concerns are, as you might imagine, rather serious. The logistics involved in retesting thousands of DNA samples are both complex and costly. There have been over twenty five thousand cases in Texas alone which took place after 1999 and in which mixed DNA evidence was involved. There are serious legal concerns regarding the rights of criminal defendants who may have been convicted by juries who were misled by the seeming credibility and certainty of DNA evidence. These defendants may need to be retried, which could be very difficult for the defendants, the crime victims, and their families.

Texas Criminal Defense Attorney Alex Tyra – Providing Strong Defense When Texans Need it Most

Although there are currently some concerns regarding the analysis of DNA evidence, these concerns are not likely to reduce its role in criminal cases. An experienced criminal defense attorney understands all of the types of evidence that are used in criminal cases, and they can use this knowledge to build a strong case on your behalf. If you are charged with any type of crime, Texas Criminal Defense Attorney Alex Tyra may be able to help you. To learn more, please call our office today, at (903) 753-7499. Alternatively, you may contact us online.