Texas Criminal Defense Attorney Explains the Difference between Civil and Criminal Securities Fraud

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Securities fraud can be a tricky concept to understand, and the fact that there are both civil securities fraud actions and criminal securities fraud actions makes matters even more complicated. A case in Collin County sheds some light on the difference between criminal securities fraud and civil securities fraud.

Texas Attorney General Ken Paxton is charged with civil securities fraud as well as criminal securities fraud. Recently, a federal court judge dismissed the civil securities law case for damages against Paxton due to an apparent lack of evidence. The criminal case in State court remained active, even though the lack of evidence could have become a major stumbling block in obtaining a conviction on any of the three criminal charges against Paxton. The SEC has since amended and refiled its case against Paxton with additional, previously undisclosed evidence that it hopes will help to prove that he failed to abide by disclosure laws. The additional evidence makes it likely that the criminal case will continue to proceed, because the criminal case had not been dismissed, even after the civil case was dismissed due to a lack of evidence.

One important difference between civil and criminal securities fraud cases is which party brings the action against the defendant. Civil securities fraud cases are heard in federal court, and they are brought by the United States Securities and Exchanges Commission. Criminal securities fraud is a state law cause of action, as is the related and often accompanying charge of failing to register with the Texas State Securities Board. Both of those criminal charges are felonies.

Not only do the two types of securities fraud cases take place in different courts, but they also involve different burdens of proof. In cases involving criminal securities fraud and related criminal charges like failure to register with the Texas State Securities Board, the prosecution must prove beyond a reasonable doubt that the crime did indeed occur before the defendant can be convicted. The burden in civil securities fraud cases is not quite as strict, requiring only that the SEC prove its case by a preponderance of the evidence.

Texas Criminal Defense Attorney Alex Tyra – Defending Texans against a Variety of Criminal Charges

The cases that have been brought against Ken Paxton provide an example of how civil and criminal securities fraud cases can look. Securities fraud is a complex issue, and each securities fraud case is unique. If you are charged with securities fraud, you need an attorney who understands the complexities of securities fraud law and can apply that knowledge to the unique facts of your case. Your Texas Criminal Defense Attorney has a working understanding of the law, and they will use that knowledge to build a strong case on your behalf. If you have been charged with securities fraud and you have questions, please call Texas Criminal Defense Attorney Alex Tyra, at (903) 753-7499. Alternatively, you may contact us online.

Texas DWI Defense Attorney Describes The Important Role of Counsel in DWI Cases

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Now that you face DWI charges, you may feel like you are in an unfamiliar landscape. Before your DWI, you were not likely thinking about how you would defend yourself against DWI charges. After all, there was no need to think about that – until now. Now that you are facing DWI charges, you are probably deeply concerned about how you will defend yourself against them. If you do not remember anything else right now, know that you do not have to defend yourself against DWI charges. There are attorneys who work hard every day to help clients like you fight back against DWI charges.

Now that you know that there are attorneys who can help you fight your DWI charges take the next step and choose a DWI defense attorney right away. Do not attempt to save time and or money by representing yourself, because there is so much at stake in your DWI case. Hire a DWI defense attorney right away and give yourself a fighting chance at keeping the financial and personal costs of your DWI to a minimum.

You may wonder what you get when you retain a DWI defense attorney, and that’s a good thing. It is important for you to know what you are buying when you retain legal counsel. Speak with your attorney and get a handle on what they can and cannot do for you throughout your case. Rest assured that your attorney can help you in many ways, like helping you to understand the charges against you, as well as the potential consequences of a conviction. Your attorney will speak to you about the details of your case because much of their work involves using what they know about the law and about the facts of your case to determine what kinds of defense strategies may be available to you. Another part of the work of a DWI defense attorney is helping their clients understand their options for resolving their DWI cases and how each possible option could impact their lives.

While some DWI defendants may feel as though they do not need to go out and select an attorney because they qualify for the services that are offered by public defenders, it is essential that all DWI defendants understand the difference between using a public defender for a DWI case and using private counsel. Public defenders are attorneys who are paid by the state to provide legal assistance to people who meet certain economic criteria. Private counsel is an attorney that the defendant has selected and retained at his or her own expense. All attorneys do their best to represent the interests of their clients, but unfortunately, public defenders have less control over how many cases they handle at any given time than private counsel do, so they may have little time to work on each of their cases. Also, in Texas there is another distinction between the public defender and private counsel – public defenders in Texas do not participate in the administrative license suspension process. Drivers who are charged with DWI must request an ALR hearing if they wish to avoid license suspension and only private counsel can handle those requests and hearings.

Texas DWI Defense Attorney Alex Tyra – Strong Defense for Texas Drivers Charged With DWI

Texas DWI Defense Attorney Alex Tyra works hard for Texas DWI defendants. Could he help you, too? Please call our office today, at (903) 753-7499, or contact us online.

 

Texas DWI Defense Attorney Talks About DWI with a Child Passenger

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Police recently arrested a pregnant woman whom they suspect was driving under the influence of alcohol. The early morning incident occurred near West University Place. An officer responded to a call to assist a disabled vehicle, and when the officer arrived he found a woman behind the wheel of the car and two children in the back seat. The officer noticed that the woman smelled of alcohol and was slurring her speech. The woman admitted to drinking alcohol before driving her vehicle, and she also told the officer that she is six months pregnant.

Texas drivers should be aware that DWI with a child passenger is a different offense than DWI without a child passenger. It is a state jail felony in Texas to drive while you are intoxicated, and there are one or more passengers in your vehicle who are under fifteen years of age. Individuals convicted of DWI with a child passenger could face between one hundred and eighty days and two years in state jail. The can also be fined up to ten thousand dollars. They could also lose eligibility for certain types of government assistance, voting rights, ability to run for public office, and gun ownership and possession rights. They could even face disqualification from certain professions.

Unfortunately, the aforementioned consequences are only some of the ways that DWI with a child passenger could affect your life. Perhaps the most painful consequences that come with a DWI with a child passenger are those which affect the driver’s family life. When a driver is charged with DWI with a child passenger, the Texas Department of Family and Protective Services may remove the child or children from the driver’s custody. They may also pursue a child endangerment case against the driver. Losing custody of your children to the Department of Family and Protective Services, even temporarily, can be scary and devastating, even if your kids can be placed in the care of family or friends for the duration of you custody case. Parents and children suffer greatly both during and after child custody cases, and it can be a long and complicated process to navigate before everyone is back together under one roof, if the family can work through the process successfully.

Texas DWI Defense Attorney Alex Tyra – Support for Texas Drivers Facing DWI Charges

If you are charged with DWI with a child passenger, you are likely to be concerned about your family’s future as well as any consequences that you may have to endure. Your Texas DWI defense attorney can do many things to build a strong case on your behalf, especially if you contact them early on in your case. If you are accused of driving under the influence of alcohol, either with or without a child passenger, give yourself the best chance at a positive outcome in your case by contacting a knowledgeable Texas DWI Defense Attorney right away. Call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or you may contact us online through our convenient online contact form.

Texas DWI Defense Attorney Talks About DWI with a Child Passenger

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Police recently arrested a pregnant woman whom they suspect was driving under the influence of alcohol. The early morning incident occurred near West University Place. An officer responded to a call to assist a disabled vehicle, and when the officer arrived he found a woman behind the wheel of the car and two children in the back seat. The officer noticed that the woman smelled of alcohol and was slurring her speech. The woman admitted to drinking alcohol before driving her vehicle, and she also told the officer that she is six months pregnant.

Texas drivers should be aware that DWI with a child passenger is a different offense than DWI without a child passenger. It is a state jail felony in Texas to drive while you are intoxicated, and there are one or more passengers in your vehicle who are under fifteen years of age. Individuals convicted of DWI with a child passenger could face between one hundred and eighty days and two years in state jail. The can also be fined up to ten thousand dollars. They could also lose eligibility for certain types of government assistance, voting rights, ability to run for public office, and gun ownership and possession rights. They could even face disqualification from certain professions.

Unfortunately, the aforementioned consequences are only some of the ways that DWI with a child passenger could affect your life. Perhaps the most painful consequences that come with a DWI with a child passenger are those which affect the driver’s family life. When a driver is charged with DWI with a child passenger, the Texas Department of Family and Protective Services may remove the child or children from the driver’s custody. They may also pursue a child endangerment case against the driver. Losing custody of your children to the Department of Family and Protective Services, even temporarily, can be scary and devastating, even if your kids can be placed in the care of family or friends for the duration of you custody case. Parents and children suffer greatly both during and after child custody cases, and it can be a long and complicated process to navigate before everyone is back together under one roof, if the family can work through the process successfully.

Texas DWI Defense Attorney Alex Tyra – Support for Texas Drivers Facing DWI Charges

If you are charged with DWI with a child passenger, you are likely to be concerned about your family’s future as well as any consequences that you may have to endure. Your Texas DWI defense attorney can do many things to build a strong case on your behalf, especially if you contact them early on in your case. If you are accused of driving under the influence of alcohol, either with or without a child passenger, give yourself the best chance at a positive outcome in your case by contacting a knowledgeable Texas DWI Defense Attorney right away. Call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or you may contact us online through our convenient online contact form.

Texas DWI Defense Attorney Suggests Drivers be Cautious During Traffic Stops

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A recent investigation involving a former Houston police officer serves as a reminder to drivers to use caution during traffic stops. During traffic stops, well-meaning drivers often provide law enforcement officers with much more information than the law requires. Sometimes this happens because of a mistaken belief that providing more information would clearly show the officer that they were innocent. At other times, anxiety or other factors cause drivers to spill the beans by volunteering all kinds of information and even stepping out of their vehicles for field sobriety tests.

The former officer who is currently under investigation failed to use his dashboard camera to record a traffic stop during which he claims the driver failed a field sobriety test and refused to provide a sample for a blood test. The investigation revealed that there was, in fact, dash-cam footage and the footage shows that the driver didn’t “fail to signal a lane change” as the former officer had claimed. Furthermore, the defendant’s blood alcohol level, as revealed by a test, was below the legal limit. Unfortunately, during the time that it took to investigate the case against the officer and exonerate the driver using police records, the driver’s license was suspended because the now former officer had claimed that she refused to submit to a blood test. She even had to buy an ignition interlock device and submit to random drug and alcohol testing. As if that were not bad enough, the aforementioned driver is not the only driver for whom the validity of their arrest is questionable.

Whether the dashboard camera is running or not, it is a good idea to know ahead of time what you can do to get through a traffic stop giving as little information to the police as you can. For example, you do not have to participate in field sobriety tests, and in fact, you are wise not to. One reason why it is best not to participate in field sobriety testing is that the test results cone from observations, which are subjective. Also, it is possible for sober people to fail the tests due to nerves, uncomfortable shoes, or some other things.

Engaging in a field sobriety test or providing more information than you are required by law to provide will not help you prove your sobriety. In fact, any additional information that you provide could very well be used against you later on. The list of unnecessary information includes providing information about where you are driving to and from and what you have been doing.

If you were arrested for DWI in Texas, there is a lot at stake. During these difficult times, you need the guidance of an experienced DWI defense attorney. To learn more about how we can defend you against your Texas DWI charges, schedule a free consultation with East Texas DWI Defense Attorney Alex Tyra today. Call our office at (903) 753-7499, or visit our website to submit an online contact form.

Texas DWI Attorney Discusses Ignition Interlock Devices

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People arrested and convicted of driving while intoxicated, or DWI, in Texas, face more restrictive conditions if granted supervised community release.  On September 1, 2017, an updated version of the conditions of supervised community release goes into effect. The goal of the changes is to make Texas’ road safer by reducing the number of repeat DWI offenders. The updated conditions will make probation seem onerous to some people and may think serving a jail sentence is a better option rather than being on probation for up to two years. Any decision you make regarding sentencing after a DWI conviction must in close consultation with your attorney.

Before September 1, 2017, any person convicted of DWI must complete several conditions while on community supervision including an educational program designed to rehabilitate the person. In theory, a rehabilitated person will not drive drunk again. Unfortunately, rehabilitation is not foolproof, and many people drive drunk again. However, the latest version of the law goes a long way to preventing repeated offenses.

Upon a conviction for a first DWI offense, the judge can impose a condition of probation requiring the installation of an ignition interlock device. In other words, the law gives the judge discretion to impose that condition. The judge loses discretion when the crime is more serious. A person convicted of a second offense, or a first offense but the person’s blood alcohol concentration is 0.15 or above, which is near twice the legal limit, the judge must order that person to install an ignition interlock device in their vehicle or the vehicle they most often drive. The court cannot consider a previous offense if that offense was longer than ten years before the date of arrest on the current case.

An ignition interlock device is a machine into which a person provide a deep-lung breath sample. Simply, the person blows hard into the device. The device is similar to a breathalyzer most often used in police stations.  The device prevents the car from turning on if the machine detects any alcohol in the breath sample.  The judge must order the person not to drive any vehicle without an attached ignition interlocking device.

The court must impose additional conditions upon community supervision if the judge orders the installation of an ignition interlocking device. The person must install the device within 30 days from the start of supervised release. The person must use the device for at least half of the period of release, but the judge can order the person to use it for a longer period. Additionally, the person must pay for the device and its installation. The law allows the judge to enter into a payment plan with the person to the associated charges of the device. The payment plan may not last longer than twice the period of probation.

With all of the expensive requirements of probation, some people would rather go to jail after a DWI conviction. Deciding to go to jail rather than attempting to complete probation must not be made lightly. Depending on the circumstances, a jail sentence is less onerous than a lengthy probation period. Although jail is initially less expensive than paying for alcohol rehabilitation classes and an ignition interlock device, the physical and emotion toll is incalculable. Jail is not a vacation and serving a sentence could mean losing your job. Jail will cut you off from your loved ones and can endanger your health. But, jail for some is an option rather than probation.

Consult With An Experienced Texas DWI Attorney Before Making Any Decision On Your Future

The experienced Texas DWI Attorney at the Law Office of Alex Tyra dedicate themselves to fighting to protect their client’s rights. They understand the difficult decisions that you must make when facing a DWI charge. Talk with them before making any decision.  Call the Law Office of Alex Tyra today at 903-753-7499 to discuss your options.

Texas DWI Defense Attorney Explains License Suspension Policy and Procedure

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DWI checkpoints often result in both DWI arrests and arrests for driving with a suspended license. Often, drivers who are driving with suspended licenses may escape detection by traveling in vehicles that are not their own and by refraining from attracting the attention of law enforcement officers. When there is a DWI checkpoint, all drivers must interact with law enforcement officers as they pass through the checkpoint, and this is why so many drivers with suspended licenses get apprehended.

If you get arrested for DWI, license suspension is a real possibility. If you are like many Texans, your ability to drive touches on many areas of your everyday life, from getting to and from work to bringing your kids to and from after-school activities. A license suspension could be quite costly, regarding both financial penalties and personal freedom.

Since license suspension has the potential to have a significant impact on your life, it is essential that you understand that you have just fifteen days from the date of your DWI arrest to preserve your chance at retaining your driving privileges. The process by which a driver can try to keep their driving privileges begins with a request for an ALR hearing. As I mentioned before, this hearing must be requested within fifteen days of your DWI arrest or your license will automatically be suspended. Instructions for requesting an ALR hearing are at the bottom of your Notice of Suspension.

Now that you know that you must ask for an ALR hearing if you wish to try to avoid license suspension, it is important that you learn a little bit more about what an ALR hearing is. An Administrative Law Review hearing, or ALR hearing, is a civil proceeding which the Department of Public Safety brings against a driver who refuses a blood or breath test after a DWI arrest, or who took a blood or breath test and failed it.

At an ALR hearing, the issue for discussion is the fate of your driving privileges. Requesting a hearing gives you a chance to contest the proposed suspension of your driver’s license. It also delays the imposition of any ALR sanctions until your hearing takes place. At your ALR hearing, the Department of Public Safety (DPS) will try to prove that your license should be suspended because you either took a breath or blood test which resulted in a reading of .08 or greater, or because you refused to take a blood or breath test. It is harder for the DPS to suspend your license after you refused to submit to testing because that type of suspension requires proof of four different elements. These elements are reasonable suspicion for the vehicle stop, probable cause that the driver was in control of a vehicle in a public place while intoxicated, an opportunity for the driver to voluntarily participate in testing along with both oral and written notice of the consequences of refusal, and an actual refusal. If the DPS fails to prove their case, your license must be returned to you.

Texas DWI Defense Attorney Alex Tyra – Protecting the Rights of Texas DWI Defendants

Texas DWI defendants have a lot at stake, and experienced Texas DWI Defense Attorney Alex Tyra may be able to help you resolve your DWI case. To learn more, call (903) 753-7499.

 

Texas DWI Defense Attorney Says Some Texas Police Departments Have New Breath-Testing Machines

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A breath test is standard procedure in a DWI investigation in Texas, as it is elsewhere. For a long time, the standard equipment that has been used all over Texas to administer breath tests has been the Intoxilyzer 5000. Law enforcement officials have become very familiar with using the breath testing devices over the time that they have been using them. DWI defense attorneys have also become familiar with the Intoxilyzer 5000, and they have become adept at exposing its weaknesses and understanding how its use or misuse can affect their clients’ cases.

As all of us know, older models of electronic devices get replaced by newer models from time to time. It seems as though the time for replacing the Intoxilyzer 5000 machines that are currently in use across the state of Texas is coming soon. The newer breath testing machine is called the Intoxilyzer 9000, and it is supposed to be easier for law enforcement officers to use than the older machines are. The technology that the machine uses for detecting alcohol in breath samples is the same as in the older machines, although it is wrapped in a nicer, newer looking package.

The Intoxilyzer 9000 features an automated voice that tells the person taking the test when they are to exhale into the machine. It also enables officers to scan drivers’ license information instead of having to type it all in. The new machines are able to transmit test results to DPS headquarters, in addition to displaying them on a screen.

Since the Intoxilyzer 9000 is a newer instrument than the Intoxilyzer 5000, one might surmise that it provides more accurate results. While that is possible, it is not necessarily true. Unfortunately, attorneys are not being allowed to inspect the Intoxilyzer 9000, and outside toxicology experts are not being permitted to take classes where they could learn about the machine and its proper operation. While these things, on their own, do not render the machine inaccurate, it is troubling that the machine and its operation are not open to investigation by people who have an interest in knowing how the technology works and how it should be used.

Bexar County already has several of the new machines in use, with others scheduled to be implemented soon. Other counties are likely to begin bringing the new machines into use throughout the year, and phasing out the older devices.

Texas DWI Defense Attorney Alex Tyra – Strong Advocacy for Texas DWI Defendants

Texas DWI defendants have a lot at stake, and experienced DWI defense attorneys know how to protect it. Whatever the most important things in your life are, a skillful Texas DWI Defense Attorney can help you seek a resolution of your DWI case that is in line with your priorities. Texas DWI Defense Attorney Alex Tyra may be able to help you resolve your DWI case. To find out more, call us today, at (903) 753-7499.

 

Texas DWI Defense Attorney Talks about How Prescription Drugs May Affect Your DWI Case

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Many Texans dutifully take their prescription medications every day, just like they have been directed to do by their doctors. If you are following the directions of your doctor and you are taking the medications that they have prescribed for you, you know that you are doing the right thing for your health. Unfortunately, what you may not know is that you might also be committing the crime of driving while impaired. The reason for this is that some commonly prescribed medications are classified as Schedule I or Schedule II controlled substances, and these substances are regulated by law. For example, Adderall, Ritalin, Ambien, Klonopin, Percocet, and codeine, are just a few of the medications that are in Schedule I or Schedule II.

In Texas, you could be charged with DWI for being under the influence of a mind-altering prescription drug, such as a pain medication. It is important that drivers know that although pain medications are some of the more commonly implicated medications in prescription drug-related DWI cases, they are not the only types of medications that are regarded as having mind-altering effects.  For example, sleeping pills, antidepressants, anti-seizure medications, and anti-anxiety medications can have mind-altering effects that are similar to those of painkillers. A driver who is found to have one or more of these substances in their system at the time of their arrest may be subject to consequences that are similar to what they would be subject to if they were found to have been driving under the influence of alcohol.

Any Texas driver who takes prescription medications and who has been charged with a DWI should contact a Texas DWI defense attorney right away, because their rights are at stake. If you have been charged with a prescription drug-related DWI, your attorney may be able to defend you against your DWI charges by presenting evidence that you were taking a Schedule I or Schedule II medication as prescribed to you by your doctor. That said, it is important that drivers understand that a valid prescription, on its own, may not lead to a successful defense based upon taking medication as prescribed. A prescription drug-related DWI defense is more likely to be successful if there is evidence that your medication, at the dosage that you are taking it, does not actually impair your ability to operate your vehicle safely. This is because unlike the well-known .08 BAC standard for alcohol, the Texas Penal Code does not specify levels of prescription drugs that would indicate impairment if they were present in a blood sample.

Texas DWI Defense Attorney Alex Tyra – Protecting the Rights of Texas DWI Defendants

Every Texas DWI case is unique, and each DWI defendant deserves to have a skilled professional working hard on their behalf to pursue a carefully crafted DWI defense strategy. Texas DWI Defense Attorney Alex Tyra has helped DWI defendants in many different types of circumstances. If you have questions about your DWI, call us today, at (903) 753-7499.

 

Texas DWI Defense Attorney Talks about How Prescription Drugs May Affect Your DWI Case

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Many Texans dutifully take their prescription medications every day, just like they have been directed to do by their doctors. If you are following the directions of your doctor and you are taking the medications that they have prescribed for you, you know that you are doing the right thing for your health. Unfortunately, what you may not know is that you might also be committing the crime of driving while impaired. The reason for this is that some commonly prescribed medications are classified as Schedule I or Schedule II controlled substances, and these substances are regulated by law. For example, Adderall, Ritalin, Ambien, Klonopin, Percocet, and codeine, are just a few of the medications that are in Schedule I or Schedule II.

In Texas, you could be charged with DWI for being under the influence of a mind-altering prescription drug, such as a pain medication. It is important that drivers know that although pain medications are some of the more commonly implicated medications in prescription drug-related DWI cases, they are not the only types of medications that are regarded as having mind-altering effects.  For example, sleeping pills, antidepressants, anti-seizure medications, and anti-anxiety medications can have mind-altering effects that are similar to those of painkillers. A driver who is found to have one or more of these substances in their system at the time of their arrest may be subject to consequences that are similar to what they would be subject to if they were found to have been driving under the influence of alcohol.

Any Texas driver who takes prescription medications and who has been charged with a DWI should contact a Texas DWI defense attorney right away, because their rights are at stake. If you have been charged with a prescription drug-related DWI, your attorney may be able to defend you against your DWI charges by presenting evidence that you were taking a Schedule I or Schedule II medication as prescribed to you by your doctor. That said, it is important that drivers understand that a valid prescription, on its own, may not lead to a successful defense based upon taking medication as prescribed. A prescription drug-related DWI defense is more likely to be successful if there is evidence that your medication, at the dosage that you are taking it, does not actually impair your ability to operate your vehicle safely. This is because unlike the well-known .08 BAC standard for alcohol, the Texas Penal Code does not specify levels of prescription drugs that would indicate impairment if they were present in a blood sample.

Texas DWI Defense Attorney Alex Tyra – Protecting the Rights of Texas DWI Defendants

Every Texas DWI case is unique, and each DWI defendant deserves to have a skilled professional working hard on their behalf to pursue a carefully crafted DWI defense strategy. Texas DWI Defense Attorney Alex Tyra has helped DWI defendants in many different types of circumstances. If you have questions about your DWI, call us today, at (903) 753-7499.