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

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.

 

 

 

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

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.

Texas Criminal Defense Attorney Discusses the Decriminalization of Truancy

A sweeping change in the law ushered in the start of the new school year in Texas. Truancy is finally no longer a crime in Texas. Students who have previously been charged with truancy can breathe a sigh of relief. The provisions of the new law erase any unpaid truancy fines. The law also reinstates all drivers’ licenses that had been suspended as the result of truancy convictions and recalls all active truancy warrants, giving students who had previously been convicted of truancy a clean slate.

Truancy charges were very, very common prior to its recent decriminalization. This is not surprising, because students could be charged with truancy after only ten unexcused absences. In Dallas alone, the recent changes in school attendance law will affect twenty seven thousand students who had been previously charged with truancy.

The issue of children not attending school is going to be handled differently in Texas from now on. School districts must now make efforts to reach out to and work with any students who receive more than ten unexcused absences before they can take any legal action against them. If any legal action is to be taken after the school district tries to help a student address his or her attendance issues, it will be in the form of a civil case. Civil truancy cases are only allowed under certain circumstances. For example, students are immune from civil actions regarding truancy when they are the primary breadwinner for their family, or if they are homeless, pregnant, or in the state’s foster care system. In some counties, special needs students and students with mental health concerns are also exempt from civil truancy cases.

In situations where a civil action is pursued by a school district and the school district prevails, any student who does not comply with a court order can be held in contempt of court. The consequences of being held in contempt include fines of up to a hundred dollars, as well as license suspension. Parents should also note that the change in the law applies to students. Parents may still be charged with a Class C misdemeanor if they fail to send their kids to school.

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

Although truancy is no longer a crime, there are still many ways in which teenagers and young adults can find themselves being accused of being on the wrong side of the law. If you are charged with any type of crime, it is important that you contact a Texas Criminal Defense Attorney right away. Criminal charges can have far-reaching impacts on many different areas of your life, so there is a lot at stake. Attorney Alex Tyra is a criminal defense attorney with experience in handling many different types of criminal matters. He may be able to help you with your criminal case, too. To learn more, call our office at (903) 753-7499 today. Alternatively, you may contact us online.

 

 

 

 

Texas Criminal Defense Attorney Discusses the Decriminalization of Truancy

A sweeping change in the law ushered in the start of the new school year in Texas. Truancy is finally no longer a crime in Texas. Students who have previously been charged with truancy can breathe a sigh of relief. The provisions of the new law erase any unpaid truancy fines. The law also reinstates all drivers’ licenses that had been suspended as the result of truancy convictions and recalls all active truancy warrants, giving students who had previously been convicted of truancy a clean slate.

Truancy charges were very, very common prior to its recent decriminalization. This is not surprising, because students could be charged with truancy after only ten unexcused absences. In Dallas alone, the recent changes in school attendance law will affect twenty seven thousand students who had been previously charged with truancy.

The issue of children not attending school is going to be handled differently in Texas from now on. School districts must now make efforts to reach out to and work with any students who receive more than ten unexcused absences before they can take any legal action against them. If any legal action is to be taken after the school district tries to help a student address his or her attendance issues, it will be in the form of a civil case. Civil truancy cases are only allowed under certain circumstances. For example, students are immune from civil actions regarding truancy when they are the primary breadwinner for their family, or if they are homeless, pregnant, or in the state’s foster care system. In some counties, special needs students and students with mental health concerns are also exempt from civil truancy cases.

In situations where a civil action is pursued by a school district and the school district prevails, any student who does not comply with a court order can be held in contempt of court. The consequences of being held in contempt include fines of up to a hundred dollars, as well as license suspension. Parents should also note that the change in the law applies to students. Parents may still be charged with a Class C misdemeanor if they fail to send their kids to school.

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

Although truancy is no longer a crime, there are still many ways in which teenagers and young adults can find themselves being accused of being on the wrong side of the law. If you are charged with any type of crime, it is important that you contact a Texas Criminal Defense Attorney right away. Criminal charges can have far-reaching impacts on many different areas of your life, so there is a lot at stake. Attorney Alex Tyra is a criminal defense attorney with experience in handling many different types of criminal matters. He may be able to help you with your criminal case, too. To learn more, call our office at (903) 753-7499 today. Alternatively, you may contact us online.

 

 

 

 

Texas Criminal Defense Attorney Explains why Oil Theft is a Federal Offense

The oil industry is not the type of industry that promises steady work for steady pay. Working in the oil fields is dirty, demanding, and even dangerous, but it is not without its rewards. When oil prices are high, jobs are plentiful and the pay is good, if not excellent. This draws many workers, especially young workers who are not afraid of the physically demanding nature of oil field work, to remote locations to work in the oil fields. Unfortunately, when oil prices drop, companies lay off workers. Sometimes, these layoffs affect a substantial number of people. Since the oil fields are located in remote areas, there are not many other types of work available nearby. Some oil field workers are unable to afford to move away to find another job after they are laid off. In some cases, laid off oil workers have used their knowledge of oilfield equipment and the oil business to steal tools, materials, and oil.

The theft of oil and oilfield equipment costs the oil industry about one billion dollars each and every year. Oil and oilfield equipment theft is such a big problem in Texas that the Federal Bureau of Investigation has a dedicated team that works there full time to combat it. The team searches for stolen oilfield equipment in Texas and New Mexico, as well as south of the border in Mexico. Stolen tools, supplies, and equipment are relatively easy to pawn, but there is more money to be made from stealing oil. When thieves steal oil and trick customers into purchasing it from them by using falsified shipping documentation to make their shipments appear to be legitimate, they can obtain its full price and not just its black market value.

Until recently, oil theft was punishable by state law. Now, it is considered a federal crime because recent precedent illustrates a connection between stolen oil and interstate commerce. When someone fills a tanker with stolen oil and brings it to a depot to unload it, that oil is destined for a pipeline that crosses state lines. In other words, the person driving the tanker full of stolen oil need not ever leave Texas to commit a federal crime.

Oil and oilfield equipment thefts are on the rise elsewhere, too. Law enforcement officials in Arkansas and Oklahoma have asked the Federal Bureau of Investigation to create a team like the one that is currently operating out of Texas to help them combat the rising incidence oilfield theft in those places.

If you have been charged with oil theft or any other crime, a Texas Criminal Defense Attorney can protect your rights and help you navigate the long road ahead of you. Texas Criminal Defense Attorney Alex Tyra understands how important a strong defense is in any type of criminal matter, and he is here to help you. Please call our office today, at (903) 753-7499, or visit our website to fill out our online contact form.

 

 

 

 

Texas Criminal Defense Attorney Discusses Bail

If you are arrested in Texas, you may be required to post a bond in order to be released. The purpose of bail is to ensure that you will appear for court. There are rules that law enforcement officers must follow regarding the amount of time that a defendant may be kept before bail is set, as well as for setting the amount of bail.

Bail is supposed to be determined promptly, but that does not always happen. Delays in setting bond may give rise to Fourth Amendment causes of action for false arrest or detention. When the magistrate sets bail, the amount of the bond is supposed to be reasonable. The amount should be high enough to ensure attendance at subsequent court hearings, low enough that it does not serve to oppress the defendant, and determined based upon an overall consideration of the circumstances. Of course, reasonability is a highly subjective issue, but there are some cases in which it is easy to see why bail of a certain amount is justified, such as in cases where the defendant is likely to flee. On the other side of the issue, there are cases where it is questionable whether the amount of bail that has been set for a particular defendant is reasonable.

A recent and very high-profile incident has brought the issue of bond amounts into the spotlight. The shootout at the Twin Peaks restaurant resulted in over one hundred and seventy arrests. It appears as though arrests were made and bail was set in a blanket fashion, with little attention being paid to the individual circumstances of each defendant both in terms of their involvement in the incident as well as their flight risk and other relevant factors. Bail amounts for the people who were arrested were set very high, with many individuals being held on bonds of one million dollars each. Some of those who have been arrested were able to get their bond amounts reduced. Unfortunately, because of the sheer number of defendants, there have been substantial delays in obtaining hearings for all of them.

Although the investigation surrounding the incident is ongoing and complex, it is unlikely that every one of the over one hundred and seventy defendants that were arrested played an equal role in the violence that erupted that day. In fact, some of the people who were arrested were recreational motorcycle riders that were more interested in pursuing a hobby than in engaging in gang activity.

If you have been charged with a crime, you have certain rights that must not be violated. A Texas Criminal Defense Attorney can protect your rights and help you navigate the long road ahead of you. Texas Criminal Defense Attorney Alex Tyra understands how important a strong defense is in any type of criminal matter, and he is here to help you. Please call our office today, at (903) 753-7499, or visit our website to fill out our online contact form.

 

 

 

 

Texas Criminal Defense Attorney Discusses Bail

If you are arrested in Texas, you may be required to post a bond in order to be released. The purpose of bail is to ensure that you will appear for court. There are rules that law enforcement officers must follow regarding the amount of time that a defendant may be kept before bail is set, as well as for setting the amount of bail.

Bail is supposed to be determined promptly, but that does not always happen. Delays in setting bond may give rise to Fourth Amendment causes of action for false arrest or detention. When the magistrate sets bail, the amount of the bond is supposed to be reasonable. The amount should be high enough to ensure attendance at subsequent court hearings, low enough that it does not serve to oppress the defendant, and determined based upon an overall consideration of the circumstances. Of course, reasonability is a highly subjective issue, but there are some cases in which it is easy to see why bail of a certain amount is justified, such as in cases where the defendant is likely to flee. On the other side of the issue, there are cases where it is questionable whether the amount of bail that has been set for a particular defendant is reasonable.

A recent and very high-profile incident has brought the issue of bond amounts into the spotlight. The shootout at the Twin Peaks restaurant resulted in over one hundred and seventy arrests. It appears as though arrests were made and bail was set in a blanket fashion, with little attention being paid to the individual circumstances of each defendant both in terms of their involvement in the incident as well as their flight risk and other relevant factors. Bail amounts for the people who were arrested were set very high, with many individuals being held on bonds of one million dollars each. Some of those who have been arrested were able to get their bond amounts reduced. Unfortunately, because of the sheer number of defendants, there have been substantial delays in obtaining hearings for all of them.

Although the investigation surrounding the incident is ongoing and complex, it is unlikely that every one of the over one hundred and seventy defendants that were arrested played an equal role in the violence that erupted that day. In fact, some of the people who were arrested were recreational motorcycle riders that were more interested in pursuing a hobby than in engaging in gang activity.

If you have been charged with a crime, you have certain rights that must not be violated. A Texas Criminal Defense Attorney can protect your rights and help you navigate the long road ahead of you. Texas Criminal Defense Attorney Alex Tyra understands how important a strong defense is in any type of criminal matter, and he is here to help you. Please call our office today, at (903) 753-7499, or visit our website to fill out our online contact form.

 

 

 

 

Texas Criminal Defense Attorney Discusses Possible Changes in Availability of DNA Testing

DNA evidence is very useful in criminal cases. It can provide a degree of certainty that justice has in fact been served when a suspect is found guilty of a crime. Perhaps even more importantly, it can be used to prevent people from being convicted of crimes that they did not commit.

Unfortunately, many people who are currently facing criminal charges in Texas are unable to present DNA evidence that could exonerate them. The reason for this is that the current policy on DNA testing requires a defendant to prove that a piece of evidence does in fact contain DNA evidence before the court will grant DNA testing for that piece of evidence. Fortunately, this high standard may not remain in effect for much longer. The Texas House has recently given tentative approval to a bill, Senate Bill 487, which would grant DNA testing in any case where the defendant could show that there is a reasonable likelihood that a particular item contains DNA evidence.

A change in the law that would allow for easier access to DNA testing is good news for criminal defendants in Texas. There is plenty of proof from Texas alone that DNA evidence can keep innocent people out of jail or get them out of jail if they have already been incarcerated for a crime that they did not commit. The state has exonerated at least fifty two people so far, based upon DNA evidence.

At least one of those people, a man named Michael Morton, could not have been exonerated if the DNA testing requirements had been as strict as they are right now at the time that he requested DNA testing in his own criminal case. Morton was accused of murdering his wife, and in 1987 he was convicted and sent to prison. He spent twenty five years in prison before DNA evidence proved that he had been wrongfully convicted. In addition to exonerating Morton, DNA evidence also led authorities to the individual who had actually murdered Michael Morton’s wife. That individual has been convicted of murder, and is serving a life sentence. If the DNA testing standard is changed, there will be more success stories like Michael Morton’s, and fewer instances of wrongful conviction.

If you have been charged with a crime, you deserve the best possible defense because there is so much at stake. An experienced Texas Criminal Defense Attorney will protect your rights and build a solid criminal defense case on your behalf. Texas Criminal Defense Attorney Alex Tyra understands that being accused of a crime can have serious consequences, and he may be able to help you reduce or eliminate some of the negative consequences associated with the charges that have been brought against you. If you have questions about a Texas criminal law matter, please call our office today, at (903) 753-7499. You may also visit our website and contact us via our online contact form.

 

 

 

 

Texas Criminal Defense Attorney Discusses the Consequences of Fleeing from Law Enforcement

When a police officer attempts to stop a driver who has a suspended license, or who is concerned that they may be arrested for DUI, they may be in for a surprise. Drivers who fall into these two categories, as well as drivers who are in other precarious situations, sometimes fail to stop for a police officer who is attempting to stop them. As you might imagine, refusing to stop for a police officer has consequences of its own, in addition to any consequences that are likely to be imposed due to drug possession or use, suspended license, alcohol use, or other unlawful activity.

In Texas, there are two separate offenses that cover situations in which an individual attempts to get away from a law enforcement officer who is pursuing them. The first of these offenses is evading arrest or detention, and the second is fleeing or attempting to elude the police. The crime of evading arrest or detention occurs when six specific criteria are met. These criteria are that the person who is accused of attempting to evade is indeed the person who did evade the police, they actually evaded law enforcement for a period of time, they did it intentionally, they did it with the knowledge that an officer was pursuing them, the officer was attempting to detain or arrest them, and the arrest or detention, had it occurred, would have been legal. Evading arrest or detention is a class A misdemeanor if the individual escaped on foot, but it is a Texas jail felony if they used a vehicle. The crime of fleeing or attempting to elude an officer occurs when someone who is driving a motor vehicle refuses to stop when a marked law enforcement vehicle signals, either visibly, audibly, or both, for them to do so.

Defendants who are charged with either of the aforementioned offenses need to know that there are defenses which can be brought against the charges. Drivers do sometimes make mistakes when they are driving, and this includes not stopping for a vehicle that appears to be pursuing them. The signal that is given by the officer and/or their vehicle may be unclear, or you may have been looking for a safe and visible place to pull over. The circumstances under which you were arrested for these offenses play a large role in determining which defenses you may be able to bring against the charges.

Texas Criminal Defense Attorneys know the laws regarding evading arrest or detention and fleeing or attempting to elude a police officer inside and out. If you have been accused of one of these offenses, Texas Criminal Defense Attorney Alex Tyra may be able to help you reduce or eliminate the negative consequences associated with your arrest. If you have questions about a criminal law matter, please call our office today, at (903) 753-7499. You may also visit our website and contact us via our online contact form.

 

 

 

 

Texas Criminal Defense Attorney Discusses Immigration-Related Consequences of Criminal Convictions

The laws of the United States and the laws of each individual state apply to everyone, whether or not they are a United States citizen. However, some people face more serious consequences than others would if they are convicted of the same crime. If you are a United States citizen and you commit a crime, you may receive any or all of the penalties that state or federal law sets forth as punishments for the crime that you have committed. If you are an immigrant, you may receive the same penalties that a citizen would, as well as other penalties that could put your ability to remain in the United States at risk.

If you are an immigrant and you have been charged with a crime, there is a lot at stake. You are facing harsh penalties, as well as immigration-related penalties that could drastically affect your ability to remain in the United States with your family and friends and pursue the dreams and goals that you have been working towards during your time in the United States. Since there is so much at stake, it is absolutely essential that you retain an experienced Texas Criminal Defense Attorney. In addition to pursuing the best possible outcome in your criminal matter, your Texas Criminal Defense Attorney may be able to help you obtain relief from the immigration-related consequences associated with the crimes that you have been charged with.

In criminal cases, defendants are often presented with options for resolving their criminal matters which could provide a better outcome for them than a criminal trial would. It can be difficult for any defendant to understand these options, but Texas Criminal Defense Attorneys help defendants decide whether any of the options would work well for them by explaining them in the context of what the overall impact of choosing a proposed course of action is likely to be. If you are an immigrant, your attorney can help you understand the options that are available to you by explaining the way that choosing a particular course of action will affect each area of your life, including your immigration status. When you have a clear picture of the possible ways that you could choose to resolve your criminal matter and how each option is likely to work out for you, it is much easier to make a decision that will bring you the best overall result.

Texas Criminal Defense Attorneys know that immigrant defendants have a lot at stake. If you are an immigrant who has been charged with a crime, Texas Criminal Defense Attorney Alex Tyra may be able to help you. It is possible that the penalties that you are facing right now, including any consequences that are related to immigration, could be avoided or reduced. If you have questions about a criminal law matter, please call our office today, at (903) 753-7499. You may also visit our website and contact us via our online contact form.