Texas Criminal Defense Attorney Talks about the Importance of Compliance with Sex Offender Rules

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If you are required to register as a sex offender, you are aware that there are certain things that are required of you. Your compliance with those requirements is your key to avoiding future charges and penalties. Some of the things that are required of registered sex offenders include supplying local law enforcement with identifying information, recent photographs, fingerprints, a description of the offense, information about the victim, information about whether you have been paroled, discharged, or in some sort of probation or supervision program, information about professional licenses, and information about attending college or working at a college. This information must be kept up to date, so it is important that offenders know how to keep their registrations current and how to change things, like their address, as needed.

A recent effort was made by law enforcement officers in Henderson County to check up on one hundred and forty six of the one hundred and sixty seven sex offenders who are registered in the unincorporated areas of the county. At first glance, those numbers may appear to indicate that not all of the offenders who are registered there were investigated. However, the discrepancy in numbers comes from offenders who are registered at two different addresses, as well as offenders who are incarcerated.

Unannounced compliance checks like the recent effort in Henderson County are to be expected, because of the compliance requirements of Texas sex offender laws. Fortunately, at least in the context of this recent compliance check, it appears as though offenders are taking their compliance requirements seriously. Out of the one hundred and forty six individuals who were investigated, eight possible violations were noted and only one arrest was made. The individual who was arrested was found to be in possession of a controlled substance and charged with a state jail felony.

The penalties which may be given to offenders for violations of their duty to register are severe. Depending upon the nature of the violation, offenders may be charged with a state jail felony, a first degree felony, or something in between. If you are charged with a violation of your duty to register, either during a state or county-wide sex offender compliance check or at some other time, you deserve the best chance at defeating the charges that have been brought against you. Contact a Texas Criminal Defense Attorney right away, so that your liberty can be preserved, and so that we can begin pursuing justice for you right away.

A skilled Texas Criminal Defense Attorney can help you to achieve the best possible outcome in your Texas criminal law matter. Sometimes, convictions can be avoided, or penalties can be reduced or eliminated. Criminal Defense Attorney Alex Tyra has successfully represented his Texas clients in many different types of cases, and it is possible that he can help you, too. To find out how, please visit our website or call our office today, at (903) 753-7499.

 

 

 

 

Texas Criminal Defense Attorney Talks about the Importance of Compliance with Sex Offender Rules

/in /by

If you are required to register as a sex offender, you are aware that there are certain things that are required of you. Your compliance with those requirements is your key to avoiding future charges and penalties. Some of the things that are required of registered sex offenders include supplying local law enforcement with identifying information, recent photographs, fingerprints, a description of the offense, information about the victim, information about whether you have been paroled, discharged, or in some sort of probation or supervision program, information about professional licenses, and information about attending college or working at a college. This information must be kept up to date, so it is important that offenders know how to keep their registrations current and how to change things, like their address, as needed.

A recent effort was made by law enforcement officers in Henderson County to check up on one hundred and forty six of the one hundred and sixty seven sex offenders who are registered in the unincorporated areas of the county. At first glance, those numbers may appear to indicate that not all of the offenders who are registered there were investigated. However, the discrepancy in numbers comes from offenders who are registered at two different addresses, as well as offenders who are incarcerated.

Unannounced compliance checks like the recent effort in Henderson County are to be expected, because of the compliance requirements of Texas sex offender laws. Fortunately, at least in the context of this recent compliance check, it appears as though offenders are taking their compliance requirements seriously. Out of the one hundred and forty six individuals who were investigated, eight possible violations were noted and only one arrest was made. The individual who was arrested was found to be in possession of a controlled substance and charged with a state jail felony.

The penalties which may be given to offenders for violations of their duty to register are severe. Depending upon the nature of the violation, offenders may be charged with a state jail felony, a first degree felony, or something in between. If you are charged with a violation of your duty to register, either during a state or county-wide sex offender compliance check or at some other time, you deserve the best chance at defeating the charges that have been brought against you. Contact a Texas Criminal Defense Attorney right away, so that your liberty can be preserved, and so that we can begin pursuing justice for you right away.

A skilled Texas Criminal Defense Attorney can help you to achieve the best possible outcome in your Texas criminal law matter. Sometimes, convictions can be avoided, or penalties can be reduced or eliminated. Criminal Defense Attorney Alex Tyra has successfully represented his Texas clients in many different types of cases, and it is possible that he can help you, too. To find out how, please visit our website or call our office today, at (903) 753-7499.

 

 

 

 

Texas Criminal Defense Attorney Explains Insurance Fraud

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Insurance fraud is a crime which can be committed in many different ways. Both individuals and businesses have been known to defraud insurers, from the doctors and health care facilities that submit claims for services that were never provided or were unnecessary, to people who stage automobile accidents in order to obtain insurance money, and even to people who were involved in accidents that were not staged who exaggerate the extent of their damages. Insurance fraud can occur on both a small scale, involving individuals submitting fraudulent claims for relatively small sums of money to large scale operations involving thousands and thousands of dollars. Since there is a diverse array of ways in which insurance fraud can be committed, the people who are accused of insurance fraud are likewise a diverse group. If you are charged with insurance fraud, contact a Texas Criminal Defense Attorney right away, because a conviction could have serious consequences for you both now and in the future.

At its simplest, insurance fraud occurs when someone purposefully files an insurance claim that is based upon false information so that they will receive payment for damages that did not actually occur. Applications for insurance can also serve as a means for committing insurance fraud, if the application is filled out using information that is false or misleading. People who provide goods and services for which claims of payment are submitted to insurance companies may also be liable for insurance fraud if they file those claims with the intent to defraud or deceive an insurer.

Sometimes, an insurance claim may be based partially upon true information and partially upon false information. When this happens, it does still constitute insurance fraud, but only the amount which was claimed fraudulently will count towards determining the penalty. This is important, because penalties for insurance fraud are directly connected to the value of the fraudulent claim. Insurance fraud can be a misdemeanor, a state jail felony, or a first second or third degree felony, depending upon the dollar amount of the fraudulent claim and whether the fraudulent claim involved an act that placed anyone at risk of serious injury or death. Defendants who are convicted of insurance fraud are often ordered to pay restitution.

If you have been charged with insurance fraud, contact a criminal defense attorney right away, so that your rights can be protected. A knowledgeable Texas Criminal Defense Attorney can create a defense strategy that is tailored to the unique facts of your case. Texas Criminal Defense Attorneys understand that there may be choices available to some insurance fraud defendants, and they can let you to know if any of those options are available in your case. Texas Criminal Defense Attorney Alex Tyra has years of experience in representing his clients’ best interests, both inside and outside of the courtroom. To learn more, please call our office at (903) 753-7499 today, or visit our website. We look forward to hearing from you.

 

 

 

Texas Criminal Defense Attorney Explains the Crime of Money Laundering

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The crime of money laundering is a serious offense, in Texas as in elsewhere. At its simplest, money laundering is a process by which criminals make money which was obtained illegally appear as though it was procured in a legitimate manner. No one wants to be caught holding onto “dirty” money, that is, money which was used in the commission of a crime or which was obtained through criminal means. While the idea of money laundering is simple, the ways in which the crime of money laundering is carried out can be rather complex.

Sometimes, money laundering schemes are conducted exclusively on American soil. In other situations, individuals and organizations use international banking as part of their plan to conceal the true origin of their funds. Money laundering begins when the cash that has been obtained illegally, through drug trafficking, theft, or some other corrupt means, is deposited into a bank. After the initial deposit, which is often referred to as placement, the money passes through a series of other transactions like bank transfers, wire transfers, and big-ticket purchases, which are collectively called the layering process, in order to make it difficult to trace where the money originally came from. After the money has gone through the layering process, it is then integrated into the mainstream economy through transactions such as the sale of any big-ticket items that were purchased during layering or “investments” in local businesses.

Money laundering is a serious offense, and if you are convicted you could face steep fines and jail time in addition to long-term consequences like difficulties in securing employment and housing that can result from having a conviction on your record. The crime of money laundering is described in § 34.02 of the Texas Statutes as knowingly acquiring, concealing, transporting, concealing, transferring, or maintaining an interest in any proceeds that were derived from criminal activity. It is important to understand that under Texas law, a person does not have to be aware of the type of criminal activity that produced the funds in question in order to be found guilty of money laundering. A person can also commit the offense of money laundering by facilitating, conducting, or supervising a transaction involving proceeds from criminal activity, or by spending, investing, or receiving such proceeds. Money laundering also prohibits individuals from investing or financing future crimes by making it illegal to invest or finance money which is intended to be used in the commission of a future crime.

Fortunately, there are defenses which may be available in certain situations where money laundering has been alleged. An experienced Texas Criminal Defense Attorney can assess your case and build a strong defense on your behalf based upon the unique circumstances of your situation. A skilled defense attorney can help you to increase your chances of having the best possible outcome in your case, whether by getting the charges dismissed or by mitigating some of the short or long term consequences that are associated with those charges. Attorney Alex Tyra knows how to present his clients’ cases to the court in a convincing way. To learn more, call (903) 753-7499 to set up an initial consultation or use the online contact form that is available on our website.

 

Texas DUI Defense Attorney Discusses Possible Relief for Job Seekers with a DUI or Other Offense on Their Records

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When you have a DUI on your record, you may be facing an uphill battle when it comes to pursuing a career or even just finding a job that will help you put food on the table and a roof over your head. Fortunately, one lawmaker from Dallas, Representative Eric Johnson, is trying to make obtaining certain jobs and professional licenses a little less difficult for individuals who have convictions for DUI or other offenses on their records.

Johnson has proposed legislation that would not completely remove inquiries about an individual’s criminal background from the state’s hiring processes, but would have that inquiry take place later on in the hiring process instead of on the initial job application. Johnson and others who support the proposed legislation feel that leaving the issue of an individual’s criminal background alone until later on in the hiring process enables prospective employers to place whatever answers job applicants provide to those inquiries in context with the other things that they have come to know about the applicant through the beginning stages of the hiring process. This would give job applicants with criminal backgrounds a better chance at obtaining employment, especially in situations where the offenses took place some time ago or are unrelated to the type of employment that they are pursuing.

State boards are responsible for granting many different kinds of professional licenses. Unfortunately, people with DUIs or other offenses that are not related to the licenses that they are seeking are often denied those licenses after they apply for them. Johnson feels that in situations where a state board denies an applicant a license, they must clearly disclose their reasons for refusing the license and also allow the applicant to make a case for themselves by testifying on their own behalf.

While the proposed legislation would only affect state jobs and the granting of professional licenses by state boards, people with a criminal history can take some comfort in the fact that many private-sector employers are removing questions regarding criminal history from their job applications, saving such inquiries for later on in the hiring process where they can consider that information in context with their impression of the person from their interview as well as their other credentials. The list of employers who are “banning the box” on their applications continues to grow, opening more and more doors to those with convictions on their records.

A DUI conviction can make it harder for you to get a job, among other things. If you have been charged with driving under the influence of alcohol, you deserve the very best defense against those charges and the negative impacts that a conviction could have on your future. To learn how Texas DUI Defense Attorney Alex Tyra can help you, call our office today, at (903) 753-7499. You may also reach us by submitting a convenient contact form on our website.

 

 

Texas Criminal Defense Attorney Discusses Weapons Offenses

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If you own a weapon (or several weapons, for that matter), you may find yourself in a position where you are charged with one or more state or federal weapons offenses. Weapons offenses often carry severe punishments, like steep fines and lengthy periods of incarceration. Also, a conviction can have effects on other areas of your life, including the ability to get a job, secure housing, and your right to possess firearms. Fortunately, an experienced Texas Criminal Defense Attorney could help you to get the weapons charges against you dismissed or, in the event that a dismissal is not possible, could help you to reduce or eliminate the consequences associated with your weapons charges.

The circumstances of each weapons case are unique, but your knowledgeable Texas Criminal Defense Attorney knows how to assess each case and determine which types of defenses are likely to be the most successful under each different set of circumstances. For example, a search and seizure defense may be available to you if the facts of your case suggest a lack of probable cause. Possession defenses are also available in some cases where law enforcement is unable to provide evidence that a particular weapon was in your care. In weapons cases, there are often multiple possibilities for defenses that are based upon things that the government either did incorrectly or did not do. This is just one of the reasons that no defendant who has been charged with a state or Federal weapons offense should ever try to defend themselves against the charges without the aid of a seasoned Texas Criminal Defense Attorney.

Weapons offenses are an interesting category of crimes because both state and Federal laws apply. Your Texas Criminal Defense Attorney understands both state and federal laws, as well as the rights which are guaranteed to all United States citizens under the Second Amendment.

Whether your weapons charges are state or federal, and whether they are related to felony possession of a firearm, violation of concealed handgun laws, possession of a stolen or unregistered weapon, or some other form of weapon-related offense, retaining a Texas Criminal Defense Attorney early on in your case can greatly improve your chances of mounting a successful defense against the charges. Since weapons violations are often connected with other criminal charges like drug charges and motor vehicle violations, it is essential that you select an attorney who is skilled at defending against any other state and federal charges that you may be facing as well.

If you have accused of or charged with one or more weapons offenses, be sure to seek assistance from a Texas Criminal Defense Attorney right away.  The penalties for state and Federal weapons offenses are harsh, and your rights are at stake. To learn more about how attorney Alex Tyra can help you to preserve your rights and your freedom, call (903) 753-7499 to set up a free, initial consultation. You may also contact us through our website via the online contact form.

 

 

 

Texas Criminal Defense Attorney Explains the Crime of Identity Theft

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While the public is often made aware of the violent crimes that occur in their communities because homicides, armed robberies, and the like are often discussed on the television news and in the newspapers, there are many other crimes which can go unnoticed, even by the victims, for weeks or even months at a time. Identity theft is one such crime, and it has been committed with increasing frequency as electronic storage and transmission of all kinds of data have become more and more commonplace. In Texas, as in many other places, identity theft is a felony. If you have been accused of the crime of identity theft, it is essential that you educate yourself about the elements of the crime and the possible consequences of a conviction and that you consult with an experienced Texas Criminal Defense Attorney regarding your case.

Identity theft cases in Texas involve the possession or use of personal identifying information that is not your own with the intent to harm or defraud another person. There are many types of personal identifying information, including your social security number, name, employment information, telephone number, physical address, social media usernames and passwords, bank account numbers, PIN numbers, and email addresses and passwords.

Individuals who have been charged with identity theft in Texas have a few defenses which may be available to them based upon the circumstances of their cases. The first of these defenses is that they lacked the requisite intent. If you had another person’s identifying information in your possession but you did not intend to use it to harm or deceive anyone, you have not committed the crime of identity theft. Likewise, if you were accused of obtaining or possessing someone else’s identifying information when you had not in fact done so, you have not committed the crime of identity theft.

In Texas, identity theft is a felony. The penalties for identity theft are based upon the number of items that the defendant transferred, possessed, or obtained by using personal identifying information that was not their own. Defendants who are convicted of identity theft are likely to be incarcerated and required to pay a fine. Sentences for identity theft can range from one hundred and eighty days to ninety nine years, and fines can be as high as ten thousand dollars. Minors who are convicted of identity theft may receive less severe consequences than adults who are convicted of the same crime.

When someone is accused of identity theft, they need an experienced attorney in their corner to help them present your best case. As an identity theft defendant, you deserve to have someone on your side who has the knowledge and experience to build and present a successful case on your behalf. To learn more about how Texas Criminal Defense Attorney Alex Tyra can serve you, call (903) 753-7499 to set up a free, initial consultation. You may also contact us through our website, via the online contact form.

 

 

 

Texas Criminal Defense Attorney Discusses Possible Legislative Reforms

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

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

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

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

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

 

Texas DUI Defense Attorney Discusses Boating While Intoxicated

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Did you know that in Texas, it is against the law to operate a boat while you are intoxicated? Texas law recognizes an offense called “boating while intoxicated”, or BWI, and it is different from the more familiar offense of “driving while intoxicated”, or DWI. Since law enforcement officers do patrol bodies of water, it is important that boaters educate themselves about the rules regarding alcohol and boating, so that they can be aware of their rights while they are out on the water.

People who operate boats while they are under the influence of alcohol are treated similarly to drivers who operate motor vehicles while they are under the influence of alcohol. For example, if your boat is stopped and the officer develops a suspicion that you have been operating your boat while intoxicated, they are likely to bring you to shore, where they will ask you to perform field sobriety tests and breath tests, just like an officer would do during a DWI traffic stop. If you are brought to shore for examination, ask the officers to give you some time to get acclimated to walking on dry land before they administer the field sobriety tests, because being on a boat can throw off your balance on land for a period of time after you disembark. The penalties for boating while intoxicated are the same as those for drivers who are arrested for DWI, including criminal charges, fines, suspension of your driver’s license, and jail time. If you are charged with BWI, be aware that the same rules regarding license suspension apply as in DWI cases, which means that you only have fifteen days from the date you are served with a notice of license suspension to request a hearing to contest the suspension.

There is one very important difference between DWI and BWI that boaters should be aware of. That difference is that while an officer must have probable cause to stop your vehicle when you are driving, no probable cause is required for a law enforcement officer, such as a Texas Parks and Wildlife Official to stop a boat. Not only can officers and Parks and Wildlife Officials stop your boat without probable cause, they may also come on board without probable cause.

Charges of boating while intoxicated are serious, and could have far-reaching impacts on your life if you are convicted. You could lose your driving privileges, your job (if you cannot get to work or perform job duties because you lost your license), and even your freedom, depending upon the penalties that you receive. Fortunately, there are many ways in which Texas DUI Defense Attorneys can challenge charges of boating while intoxicated. A skilled Texas DUI Defense Attorney can build an aggressive BWI defense based upon their knowledge of the law, science, and the facts of your case. If you have been accused of boating under the influence of alcohol, you need the assistance of a knowledgeable and experienced Texas DUI Defense Attorney. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

 

 

Texas DUI Defense Attorney Discusses Boating While Intoxicated

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Did you know that in Texas, it is against the law to operate a boat while you are intoxicated? Texas law recognizes an offense called “boating while intoxicated”, or BWI, and it is different from the more familiar offense of “driving while intoxicated”, or DWI. Since law enforcement officers do patrol bodies of water, it is important that boaters educate themselves about the rules regarding alcohol and boating, so that they can be aware of their rights while they are out on the water.

People who operate boats while they are under the influence of alcohol are treated similarly to drivers who operate motor vehicles while they are under the influence of alcohol. For example, if your boat is stopped and the officer develops a suspicion that you have been operating your boat while intoxicated, they are likely to bring you to shore, where they will ask you to perform field sobriety tests and breath tests, just like an officer would do during a DWI traffic stop. If you are brought to shore for examination, ask the officers to give you some time to get acclimated to walking on dry land before they administer the field sobriety tests, because being on a boat can throw off your balance on land for a period of time after you disembark. The penalties for boating while intoxicated are the same as those for drivers who are arrested for DWI, including criminal charges, fines, suspension of your driver’s license, and jail time. If you are charged with BWI, be aware that the same rules regarding license suspension apply as in DWI cases, which means that you only have fifteen days from the date you are served with a notice of license suspension to request a hearing to contest the suspension.

There is one very important difference between DWI and BWI that boaters should be aware of. That difference is that while an officer must have probable cause to stop your vehicle when you are driving, no probable cause is required for a law enforcement officer, such as a Texas Parks and Wildlife Official to stop a boat. Not only can officers and Parks and Wildlife Officials stop your boat without probable cause, they may also come on board without probable cause.

Charges of boating while intoxicated are serious, and could have far-reaching impacts on your life if you are convicted. You could lose your driving privileges, your job (if you cannot get to work or perform job duties because you lost your license), and even your freedom, depending upon the penalties that you receive. Fortunately, there are many ways in which Texas DUI Defense Attorneys can challenge charges of boating while intoxicated. A skilled Texas DUI Defense Attorney can build an aggressive BWI defense based upon their knowledge of the law, science, and the facts of your case. If you have been accused of boating under the influence of alcohol, you need the assistance of a knowledgeable and experienced Texas DUI Defense Attorney. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.