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Criminal convictions stop people right in their tracks. Whatever they were doing in their life before they were charged with and convicted of a crime gets put on hold. For individuals who are wrongfully convicted, their convictions place their lives on hold as they wait for the day when the truth sets them free.
The criminal justice systems in Texas and elsewhere do not function perfectly. Sometimes, innocent people are not only charged with crimes, but they are also convicted of them. Five years ago, Greg Kelley was convicted of aggravated sexual assault on a child. He went to prison and spent three years behind bars. Recently, prosecutors took another look at his case after Kelley’s defense attorneys brought new evidence and alternate suspects to their attention. This November, the Texas Court of Criminal Appeals overturned Greg Kelley’s conviction. At a subsequent hearing, District Court Judge Donna King approved the decision to overturn Kelley’s conviction and declared him “fully exonerated.”
Before Greg Kelley’s life path took a sudden and unexpected detour into prison, he was a star athlete with dreams of attending college and playing football. His performance as a defensive back for Leander High School had gotten the attention of multiple colleges, including the University of Texas-San Antonio, Rice, and Texas State. Six years after a wrongful accusation and conviction sidelined his hopes and dreams, Greg Kelley can move forward again. He is engaged and plans to marry his fiance in January. His hopes of attending college are also about to be fulfilled. Recently, he received word that he is accepted to the University of Texas at Austin. Greg Kelley may even get to play college football. He could walk-on for the Longhorns, pending a successful tryout before the start of the upcoming football season.
It’s possible that Greg Kelley will not only be able to move forward with the dreams he had to put on hold but that he will also receive compensation for the years that were taken from him during the time that he was wrongfully incarcerated. If a person who is convicted of a crime in Texas is later declared “actually innocent” in a Texas court order, they may pursue a claim of wrongful incarceration against the State of Texas. That order has been granted for Greg Kelley, and his defense attorney plans to pursue a claim for wrongful incarceration against the State of Texas on his behalf. If the claim is successful, Greg Kelley will be able to attend college without incurring any student loan debt. Compensation under the Texas wrongful incarceration act includes free tuition at any Texas college and additional payments of approximately eighty thousand dollars per year that the individual spent in prison.
Greg Kelley’s story is a hope-filled example of how individuals who are exonerated can regain what they lost when they were convicted, and sometimes gain even more. If you have been convicted of a crime that you did not commit, do not give up on fighting for your freedom. Align yourself with a Texas criminal defense attorney and take a stand against your wrongful conviction. To learn more about how a Texas Criminal Defense Attorney can help you pursue exoneration, call Attorney Alex Tyra today. Call us today, at (903) 753-7499, or fill out a convenient online contact form on our website.
Some things are worth repeating. A DWI arrest is not one of them. It seems as though not much time passes in between news reports regarding repeat DWI offenders, so it’s time for us to repeat a message that we have discussed multiple times before. One DWI arrest can cost you many of the things that art important to you, and each subsequent DWI arrest and conviction will cost you even more of your freedom, your money, and your time, among other things.
Last month, a jury in Austin, Texas, convicted sixty-four-year-old Irby Allison of felony DWI. The charge was filed in connection with Allison’s DWI arrest in October of 2017. Irby Allison chose to have the jury decide on his punishment. After less than a half-hour of deliberating the issue of his penalty, they sentenced him to twelve years of imprisonment. Twelve years is a lengthy period of time for any person to spend in jail. At his current age of sixty-four, Irby Allison will likely spend most, if not all, of the remainder of his life behind bars.
A twelve-year sentence is not something that every DWI offender is likely to face. The evidence presented to the jury during the sentencing phase of Allison’s trial gave the jurors important information about him that weighed heavily on their decision. The prosecution showed the jurors evidence of Allison’s three previous standard DWI convictions. They also presented evidence regarding his 2007 conviction for intoxication assault and intoxication manslaughter following a DWI wreck that killed one person and seriously injured another. Irby Allison’s arrest in October of 2017 was his fifth DWI offense, and that’s why the jury did not hesitate to issue a lengthy sentence for him.
Unfortunately, a fifth-offense DWI is not unheard of in Texas. A Texas man in his mid-thirties killed two women in a crash that resulted in his sixth DWI offense. Jonathan Moore’s five previous DWI convictions resulted in a total of only two months spent behind bars because almost all of his sentences had been reduced.
In Texas, first and second offense DWIs are misdemeanors. After that, each time that driver is arrested again for DWI, they face felony charges. While there are numerous reports of individuals like Jonathan Moore receiving probation after they have been convicted of DWI three or more times, some felony DWI offenders pay a far higher price. For example, a judge sentenced Donald Middleton to life in prison following his ninth DWI conviction. Middleton is not eligible for parole for thirty years.
One out of every twenty inmates in Texas prisons is a repeat DWI offender. Whether you are charged with your first DWI or a subsequent offense, a lot is at stake, including your freedom. DWI convictions carry severe consequences, especially for third and subsequent offenses. A Texas DWI defense attorney can help you protect your liberty, your family, your freedom, and other things that are important to you. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.
The circumstances of each DWI case are unique. However, within each DWI case, there are similarities between that case and other DWI cases that can provide a skilled DWI defense opportunity with opportunities to challenge the State’s case against the defendant. Today, I would like to share three possible areas of your DWI case that your attorney might be able to use to challenge the validity of the State’s case against you.
The first challenge to your DWI charges could come from something that happened even before you were pulled over. The law enforcement officer who stopped you must have had a reasonable suspicion that you were breaking one or more laws. Things like speeding or swerving can contribute to an officer’s reasonable suspicion. Courts tend to accept most officers’ explanations of why they had a reasonable suspicion that a driver was violating one or more laws. Sometimes an officer cannot articulate why they stopped a driver or which law they suspected the driver of breaking, so drivers must be aware of the possibility of a challenge to the traffic stop itself. If a court finds that there was not a reasonable suspicion behind an officer’s decision to pull a driver over, any information or evidence that the officer obtained during that traffic stop is inadmissible and cannot be used in a case against the defendant.
A second opportunity to challenge your DWI charges comes from the officer’s decision to continue the traffic stop for a longer time than they needed to write you a ticket. An officer must have probable cause to believe that you are intoxicated before they continue to keep you stopped on the side of the road to investigate the situation further and possibly arrest you. Things like open alcohol containers, bloodshot eyes, and slurred speech can contribute to probable cause. If a defendant can show that the officer did not have probable cause to continue the traffic stop and make the arrest, a court could decide that the arrest was unlawful. Evidence and charges that result from an illegal arrest can be challenged. If the State has too little evidence to pursue a case against a defendant, the charges against that defendant may be dropped.
Law enforcement officers must make arrests in accordance with all applicable laws, without violating the constitutional rights of the defendant. For example, if the officer who pulled you over did not read you your rights, you can challenge the lawfulness of the arrest. A skilled Texas DWI defense attorney can identify possible challenges to the State’s case against you and build a defense strategy that could reduce the State’s chance of success in its case against you. To learn more about how a Texas DWI Defense Attorney can help you work through your DWI case, call Attorney Alex Tyra today. Call us today at (903) 753-7499, or fill out a convenient online contact form on our website.
It’s the holiday season, and with all of the celebrating going on, it can be easy to forget that law enforcement agencies increase their patrols at this time of year. Thanksgiving often produces more drunk driving arrests than other notorious party days like St. Patrick’s Day and even Super Bowl Sunday. As you know, not every driver who is arrested for and charged with DWI is guilty. If you are arrested for DWI this holiday season, remember that connecting with a Texas DWI attorney is the best way to protect the things that are most important to you. Your Texas DWI defense attorney knows how to examine the circumstances of your DWI arrest and develop a strong defense strategy for you.
One element of a strong DWI defense is knowing how to challenge the evidence that the State plans to present in your case. If your DWI defense attorney can show the court that one or more pieces of evidence that the State intends to present in your DWI case are inaccurate or otherwise not valid, the court may prohibit the use of that evidence in the State’s case against you. Evidentiary challenges have the potential to weaken the State’s case against a defendant, sometimes even to the extent that the State finds itself with so little evidence that it must dismiss its case.
Many drivers arrested for DWI submit to breath testing either during the traffic stop that leads to their arrest or after the arrest. If you are facing DWI charges and breath testing occurred at some point during your traffic stop or after your arrest, your defense attorney may be able to challenge the validity of the results of those tests. Even better, their challenge may be successful, and the test results might be thrown out. A recent article by the New York Times reports that tens of thousands of DWI cases across America have been tossed out of court because the test results were shown to be inaccurate.
For years, alcohol breath test results have been viewed as “truths” by juries in Texas and across America. Many DWI defendants were unaware that they could question the test results, but that is changing. Some DWI defendants, with the aid of their attorneys, challenged the validity of their breath test results. Some of those who challenged their test results prevailed. Their victories paved the way for an increased public demand for research into the accuracy of breath testing devices and the validity of the results produced by those devices. Study after study has shown how vulnerable the sensitive machines used for breath testing are to user error, calibration error, and other types of failures that are attributable to the users of the devices or the devices themselves.
Breath testing for blood alcohol content is a process that is prone to errors. If you were arrested for DWI and you submitted to breath testing during your traffic stop or after your arrest, it is critical that you contact a Texas DWI defense attorney right away. Your Texas DWI defense attorney can examine the circumstances of your traffic stop and DWI arrest and build a solid defense strategy on your behalf. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.
It’s the holiday season, and with all of the celebrating going on, it can be easy to forget that law enforcement agencies increase their patrols at this time of year. Thanksgiving often produces more drunk driving arrests than other notorious party days like St. Patrick’s Day and even Super Bowl Sunday. As you know, not every driver who is arrested for and charged with DWI is guilty. If you are arrested for DWI this holiday season, remember that connecting with a Texas DWI attorney is the best way to protect the things that are most important to you. Your Texas DWI defense attorney knows how to examine the circumstances of your DWI arrest and develop a strong defense strategy for you.
One element of a strong DWI defense is knowing how to challenge the evidence that the State plans to present in your case. If your DWI defense attorney can show the court that one or more pieces of evidence that the State intends to present in your DWI case are inaccurate or otherwise not valid, the court may prohibit the use of that evidence in the State’s case against you. Evidentiary challenges have the potential to weaken the State’s case against a defendant, sometimes even to the extent that the State finds itself with so little evidence that it must dismiss its case.
Many drivers arrested for DWI submit to breath testing either during the traffic stop that leads to their arrest or after the arrest. If you are facing DWI charges and breath testing occurred at some point during your traffic stop or after your arrest, your defense attorney may be able to challenge the validity of the results of those tests. Even better, their challenge may be successful, and the test results might be thrown out. A recent article by the New York Times reports that tens of thousands of DWI cases across America have been tossed out of court because the test results were shown to be inaccurate.
For years, alcohol breath test results have been viewed as “truths” by juries in Texas and across America. Many DWI defendants were unaware that they could question the test results, but that is changing. Some DWI defendants, with the aid of their attorneys, challenged the validity of their breath test results. Some of those who challenged their test results prevailed. Their victories paved the way for an increased public demand for research into the accuracy of breath testing devices and the validity of the results produced by those devices. Study after study has shown how vulnerable the sensitive machines used for breath testing are to user error, calibration error, and other types of failures that are attributable to the users of the devices or the devices themselves.
Breath testing for blood alcohol content is a process that is prone to errors. If you were arrested for DWI and you submitted to breath testing during your traffic stop or after your arrest, it is critical that you contact a Texas DWI defense attorney right away. Your Texas DWI defense attorney can examine the circumstances of your traffic stop and DWI arrest and build a solid defense strategy on your behalf. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.
Did you know that only four states in the United States allow seventeen-year-olds to be committed of crimes as adults? In many states, the age at which a person can be convicted of a crime as an adult is eighteen. However, four states, including Texas, allow seventeen-year-olds to be committed of crimes as adults.
There have been numerous efforts by criminal justice advocacy groups in Texas over the years to raise the age of criminal responsibility to eighteen. Their most recent efforts, including House Bill 344, did not make it through the full legislative process and must wait until the Legislature meets again in 2021.
Those who oppose raising the age claim that raising the age makes a state’s juvenile justice system more expensive. Those who support an increase in the age of criminal responsibility say that this is a matter that you cannot measure in dollars and cents. The teenage years are a period of critical importance for any child. The adolescent brain is still growing and developing. Because of this, the experiences that a teenager has during those formative years shape the path that they take into adulthood. If a seventeen-year-old is convicted as an adult, they are unable to access support and rehabilitation programs designed for minors, programs that have proven in many places to be effective in changing the paths of the lives of the youth that participate in them. In addition to missing out on support programs and rehabilitation opportunities, including seventeen-year-olds in the adult prison population exposes them to all of the dangers of life in an adult prison.
Raising the age of criminal responsibility can also make financial sense. Supporters of increasing the age of criminal responsibility feel that any increased expenditures on juvenile justice associated with raising the age will be balanced by corresponding savings in other areas, such as the amounts spent on the adult programs that provide services to the seventeen-year-olds who are convicted as adults and reduced rates of recidivism. Individuals who have participated in juvenile justice programs have proven less likely to re-offend than individuals that went directly into the adult criminal justice system.
Some opponents of raising the age claim that since the number of people who get convicted as adults at seventeen years of age is not that large, raising the age of criminal responsibility would not have that much of an impact. This argument does not acknowledge the amount of impact that participation in juvenile justice programs has on the people who are able to participate in them, and it also fails to acknowledge the harm suffered by the individuals, no matter how few, who are convicted as adults at age seventeen and placed in the adult prison system.
Fortunately, the small number of people affected by raising the age of criminal responsibility has limited the impact of raising the age on the juvenile justice programs in states where the age has been raised. Those states report that their juvenile justice programs have not been overly stressed by the participation of additional youth, demonstrating that raising the age does not create a financial burden.
Whatever your age, if you’re accused of a crime in Texas, contact a Texas criminal defense attorney right away. Your attorney can help you resolve your Texas criminal law matter. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.
If you are the defendant in a Texas DWI case, it is critical that you pursue the resolution of your case with the aid of a Texas DWI defense attorney. DWI defense attorneys are skilled in crafting effective strategies that have the potential to prevent the conviction of innocent clients and obtain a fair resolution of cases in which defendants did drive while intoxicated. Texas DWI defense attorneys build defense strategies for their clients based upon their experience in defending others charged with similar crimes as well as the facts of each client’s case.
Witnesses are an essential component of any criminal law matter, and DWI cases are no exception. A skilled defense attorney evaluates the credibility, the reputation for truthfulness, of each witness that the state plans to bring before the court to speak on the prosecution’s behalf. Sometimes, discrediting a witness who has proven to be untruthful in other matters can be critical to a court’s decision to find an innocent defendant not guilty. At the very least, exposing witnesses who are likely to be untruthful demands that the prosecution present truthful witnesses with quality testimony to support their version of what happened.
It is especially critical that defense attorneys examine the quality of police witnesses. Prosecutors often bring law enforcement officers before the court as witnesses in DWI cases. Unfortunately, not all of those officers are honest, and prosecutors do not always examine the conduct and history of the officers they plan to call as witnesses. The result is that some officers whose previous behavior ought to disqualify them from testifying in a DWI matter appear as witnesses.
Sometimes, prosecutors are even able to wrongfully obtain convictions based on the testimony of individuals who should not have been allowed to testify. This is not only wrong, it is unconstitutional. In 1963, the United State’s Supreme Court issued a decision in the case of Brady v. Maryland that requires prosecutors to inform all persons accused of crimes of the existence of any evidence that might aid in their defense. The Brady decision includes, but is not limited to, disclosing information about police witnesses who have been found guilty of misconduct on the job or of lying.
One reason that prosecutors are failing to comply with the requirements of Brady is that they do not track the behavior of the officers they call as witnesses. They also do not question the integrity of those officers before putting them on the witness stand. The problem doesn’t just exist in Texas; it is an issue of national concern – over three hundred prosecutors’ offices in cities large and small do not keep lists of dishonest officers. In places where such lists are kept, they are often not accessible to the public so their compliance with the requirements of Brady or the lack thereof cannot be known. It is critical that the public pressure prosecutors to maintain and make available “Brady” lists. Failure to keep to those lists and disclose them can prevent defense attorneys from being able to access information about witnesses that could aid them in preparing the best possible defense for their clients, which is not only wrong but also unconstitutional.
A Texas DWI Defense Attorney can help you navigate your Texas DWI case. Call Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.