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If you have ever thought about what you might do if your life were threatened, you are not alone. Many people have thought about what they would do in various situations where they were at risk of being hurt or killed by another person. The possible scenarios are endless, from home invasions to getting mugged in a parking lot, to just about anything you could imagine and many odd situations that you couldn’t possibly think up until they happen.
Some people arm themselves to be prepared in the event of an event like those described above. Others keep firearms or other items they could use to defend themselves in their homes. Still others become skilled in martial arts and other forms of self-defense, which prepares them to protect themselves from harm whether they pursue those skills with that intention in mind or not. Whether a person is prepared to defend themselves or not, they may find themselves in a situation where they face a threat in the form of another person, and they must decide what to do. Sometimes, running or some other means of escape is available, sometimes not. Sometimes, a gun or other item that is or could be used as a weapon is available, sometimes not. The threat from the other person could be obvious, such as a knife held to your ribs or a gun pointed in your direction. Threats, threatening body language, and other more subtle observations you may make about a situation or a person can lead you to a realization that you are in danger.
If you face a situation in which you may need to defend yourself, you might not have much time to weigh your options. Sometimes, after the fact, things can come to light about the situation you were in that might make your actions at the time seem more reasonable or less reasonable. However, it is critical that Texans know that they are allowed to defend themselves. In Texas, self-defense is a legal defense to murder and assault charges. A recent situation in Garland is an example of a situation in which a defendant might choose to claim self-defense if police file charges against him.
The driver of a vehicle was shot and killed in a road rage incident in Garland, but it is possible that murder charges will not be filed against the shooter. Surveillance video of the street where the shooting occurred shows the driver of a vehicle throwing a bottle at a pickup truck. The bottle shattered the window of the truck, and then the driver of the pickup truck started shooting. After shooting, the driver of the pickup truck went to a police station to report what had happened and has been entirely cooperative with the law enforcement officials who are investigating the incident. It is reported that the driver of the pickup truck fired shots because he thought that a gunshot shattered his window.
If you are accused of a crime in Texas, your rights and your freedom are at stake. Contact a Texas criminal defense attorney immediately, and take the first step towards resolving your Texas criminal law matter. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.
If you have ever thought about what you might do if your life were threatened, you are not alone. Many people have thought about what they would do in various situations where they were at risk of being hurt or killed by another person. The possible scenarios are endless, from home invasions to getting mugged in a parking lot, to just about anything you could imagine and many odd situations that you couldn’t possibly think up until they happen.
Some people arm themselves to be prepared in the event of an event like those described above. Others keep firearms or other items they could use to defend themselves in their homes. Still others become skilled in martial arts and other forms of self-defense, which prepares them to protect themselves from harm whether they pursue those skills with that intention in mind or not. Whether a person is prepared to defend themselves or not, they may find themselves in a situation where they face a threat in the form of another person, and they must decide what to do. Sometimes, running or some other means of escape is available, sometimes not. Sometimes, a gun or other item that is or could be used as a weapon is available, sometimes not. The threat from the other person could be obvious, such as a knife held to your ribs or a gun pointed in your direction. Threats, threatening body language, and other more subtle observations you may make about a situation or a person can lead you to a realization that you are in danger.
If you face a situation in which you may need to defend yourself, you might not have much time to weigh your options. Sometimes, after the fact, things can come to light about the situation you were in that might make your actions at the time seem more reasonable or less reasonable. However, it is critical that Texans know that they are allowed to defend themselves. In Texas, self-defense is a legal defense to murder and assault charges. A recent situation in Garland is an example of a situation in which a defendant might choose to claim self-defense if police file charges against him.
The driver of a vehicle was shot and killed in a road rage incident in Garland, but it is possible that murder charges will not be filed against the shooter. Surveillance video of the street where the shooting occurred shows the driver of a vehicle throwing a bottle at a pickup truck. The bottle shattered the window of the truck, and then the driver of the pickup truck started shooting. After shooting, the driver of the pickup truck went to a police station to report what had happened and has been entirely cooperative with the law enforcement officials who are investigating the incident. It is reported that the driver of the pickup truck fired shots because he thought that a gunshot shattered his window.
If you are accused of a crime in Texas, your rights and your freedom are at stake. Contact a Texas criminal defense attorney immediately, and take the first step towards resolving your Texas criminal law matter. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.
DWI defendants of all ages face harsh penalties and consequences that affect their lives presently as well as into the future. Teens, young adults, and their parents, must familiarize themselves with the range of penalties that exists for Texas drivers between the ages of seventeen and twenty-one. It is also crucial that young drivers and their parents understand the possible long-term consequences that DWI charges could have for their children and their family.
Young drivers and their parents must understand that both civil and criminal penalties can follow a DWI or a DWIA by a Minor conviction. If a driver is under seventeen years of age, they are not allowed to have any detectable alcohol in their body while they are driving. This is why Texas is said to have a “Zero Tolerance” policy for drinking and driving by minors. When a driver under the age of seventeen is found to have a detectable amount of alcohol in their body, they will likely be charged with the offense of DUIA by a minor, as it is commonly called. It is a Class C misdemeanor, and a first offense is punishable by any or all of the following: a fine of up to five hundred dollars, license suspension for sixty to one hundred and eighty days, community service, and attendance at an alcohol awareness course. As with adult DWI cases, the penalties for DUIA by a Minor increase for subsequent offenses.
Drivers between the ages of seventeen and twenty-one can be charged with DWI by a Minor, a Class B misdemeanor. These charges are punishable by up to a year of license suspension, a fine of up to two thousand dollars, and anywhere between three days and one hundred and eighty days in jail. Repeat offenders are penalized even more seriously, with a second offense increasing to a Class A misdemeanor with up to four thousand dollars in fines, one month to one year in jail, and up to eighteen months of license suspension. Things get even more severe if there’s a third offense. For a third-time offender, the offense is charged as a third-degree felony, along with a fine of up to ten thousand dollars, two years of license suspension, and between two and ten years of jail time.
Those penalties are harsh and are intended to deter would-be drunk drivers. Young drivers may be aware of those penalties, but they may not know the full extent of how a DUIA by a Minor or DWI by a Minor could affect their lives. Teens and young adults are at a time in their lives when they are working towards the things they envision for their future. A conviction for a DUIA by a Minor or DWI by a Minor can make achieving many of those dreams more difficult by limiting access to some programs and some sources of funding that young people rely on to help them get where they want to go.
A Texas DWI Defense Attorney can help you understand your rights and your options if you or your child have been charged with DUIA by a Minor or DWI by a Minor. Call Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.
Most people understand how important it is to obtain legal counsel as soon as possible after they are arrested or notified that there are criminal charges against them. However, many people do not realize that they may have more than one type of defense counsel available to them. All criminal defendants are free to locate and pay for a criminal defense attorney of their choosing. Unfortunately, many criminal defendants lack the financial resources to pay for a defense attorney. Fortunately, a decision made by the United States Supreme Court in 1963 guarantees the provision of legal counsel for defendants who are charged with a specific type of crime and cannot afford to pay for an attorney. States differ in how they fulfill the obligation placed upon them by the Supreme Court’s decision in Gideon v. Wainwright. States and counties are free to design their own methods of providing legal counsel to indigent defendants, so all defendants must understand how legal defense for the poor is provided in their county. With that information in hand, defendants can make an informed decision about what type of legal representation they wish to pursue.
For example, legal defense for impoverished defendants in Travis County is currently primarily provided by assigned counsel, private attorneys to whom the county pays a nominal fee to represent the defendants the county assigns to them. Juvenile defendants and some adult defendants who are mentally ill receive legal defense through a public defender’s office. Recently, a decision was made that will bring a public defender’s office to Travis County in the coming months. However, the new public defender’s office will only handle about a third of the county’s indigent defense cases. The rest will continue to be handled by assigned counsel. Many counties are like Travis County in that they provide criminal defense to impoverished defendants through some combination of public defenders and assigned counsel, so defendants must understand what each of those defense options looks like.
In our next article, we’ll take a closer look at the three types of legal representation that a Texas defendant might have available to them. The legal defense options that are available to you depend on the nature of the crime you are charged with as well as the financial resources you have available to you. For example, public defenders and assigned counsel are available to defendants who are accused of a felony or a misdemeanor that is punishable by imprisonment and who meet specific financial criteria. What this means is that even if you are charged with a felony or with a misdemeanor that is punishable by imprisonment, you may not qualify for the services of assigned counsel or a public defender even if you think that you cannot afford to pay private counsel.
If you are accused of a crime in Texas, it is critical that you make a wise choice about your legal representation. Time is of the essence, and not all legal defense options are created equal. Your rights and your freedom are at stake. Contact a Texas criminal defense attorney right away to begin pursuing resolution of your Texas criminal law matter. Learn more about criminal defense in Texas by calling Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.
In a previous article, we mentioned that criminal defendants may have more than one choice available to them when it comes to legal representation in their Texas criminal law matter. Today, we’ll explore the similarities and differences between assigned counsel, public defenders, and private counsel. It is our hope that this article empowers you, the defendant, to make a well-informed decision about the type of legal representation that you choose for your Texas criminal law matter.
All attorneys who are in private practice in the State of Texas, as well as all attorneys who serve as assigned counsel or in public defenders must be licensed and insured. Attorneys are held to stringent licensing requirements and must continually educate themselves about the changing landscape of their profession. Licensing and insurance provide a means of assuring that attorneys who practice in Texas are qualified to provide competent representation for their clients. However, there are three critical differences that you’ll want to consider when deciding which type of legal representation you wish to pursue if public defender or assigned counsel services are available to you.
Cost is the first thing that comes to mind when many defendants realize that they need an attorney. Some defendants truly cannot afford to pay for the services of even the most reasonably priced private defense counsel. Fortunately, as we mentioned in our last blog post, these defendants do not have to navigate the criminal justice system on their own. Public defenders and assigned counsel are paid by the counties that they work for, not by the defendants themselves. Defendants must fill out an application if they want to find out whether they’re eligible for representation by a public defender or assigned counsel. It is possible that some defendants with limited financial resources could be deemed able to pay for their legal defense. Private counsel are paid by their clients. The fees charged by private counsel vary greatly and are based upon many factors, including experience and expertise.
Caseload is another factor that defendants must consider when deciding whether to pursue private representation or apply for the services of assigned counsel or a public defender. Private counsel often take pride in providing personalized attention to each of their clients, and they realize that providing quality legal representation takes time. Most private counsel manage their caseload carefully so that they can spend the amount of time in each client’s case that they feel it needs. In contrast, many assigned counsel and public defenders are given large caseloads. They are often unable to spend much time on each of their clients’ cases.
A third important distinction between private legal counsel and public defenders and assigned counsel is that defendants who hire private counsel to represent them have the freedom to choose their attorney. Defendants who obtain legal representation by assigned counsel or through a public defender’s office are unable to choose who will represent them in their Texas criminal law matter. They are represented by the attorney to whom the county sends their case.
The guarantee of legal counsel for indigent defendants that is provided by Gideon v. Wainwright is a vital component of obtaining justice for criminal defendants regardless of their ability to pay. However, not all attorneys can provide the same level of support to their clients. To learn more, call Texas criminal Defense Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.
Drivers in Texas can expect to see some changes to the state’s DWI laws very soon. As of September 1, 2019, the state of Texas is implementing a change in the way that DWIs are handled. Proponents of the new Texas DWI law hope that it will discourage second and subsequent DWI offenses. Before the new law takes effect, first-time DWI offenders cannot obtain a deferral of their sentence through probation. After September 1, probation and deferred sentencing will be available to first-time offenders with a blood-alcohol level of less than .15 who comply with the strict conditions that the new law will require of them. Among the severe conditions that a defendant must meet to obtain a deferral is installing an ignition interlock device on their vehicle and using it properly. Since ignition interlocks have come into widespread use alongside license suspension, they have been a game-changer that has prevented many more repeat DWI offenses than license suspension alone. While over half to two-thirds of drivers with suspended licenses continue to get behind the wheel during their license suspensions, ignition interlock devices have prevented over three hundred thousand vehicle starts over the past twelve years.
The seemingly generous offer of deferment comes with harsh penalties that come into effect if a second offense occurs at any time. One of the harsh penalties is the enhancement of the second DWI to a higher class offense. This and other penalties reveal the spirit of the new law, which is aimed at encouraging first-time offenders to choose not to drink and drive by mitigating the consequences of the first offense on the one hand and promising harsh consequences for re-offending on the other hand.
Perhaps the best thing that the new DWI law offers first-time offenders is complete forgiveness of their offense after successful completion of probation for so long as they do not re-offend. If you take your first offense DWI seriously and make the necessary changes in your life to ensure that it never happens again, you can move forward with your head held high, free of the life-long consequences that can follow a DWI conviction. It takes serious commitment and a real and lasting change of heart to make that happen, but the results are worth it, both for the driver who gets the second chance and the lives that are potentially saved as the result of that driver’s conscious choice to never drive under the influence of alcohol again.
While the new Texas DWI law is good news for some drivers, drivers must understand that not every first-offense DWI defendant will qualify for deferred sentencing through probation. As I mentioned before, the defendant’s blood-alcohol level must not exceed .15. Also, the state can deny deferral for some DWI offenses regardless of blood alcohol content.
Texas’s new DWI law can benefit many first-time DWI offenders. However, any driver who is charged with DWI would do well to work with a Texas DWI Defense Attorney to resolve their DWI case. As I mentioned earlier, deferred sentencing is not automatic for first-time offenders, and all DWI defendants need support as they proceed through their DWI case. Call Texas DWI defense attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.
How do you think it would feel to be accused of a crime that you did not commit? You would likely be outraged at the accusation. You could feel hopeless like there’s nothing you can do to change the course of the things that are happening to you. You are likely to be concerned about the consequences that could come upon your family. You would be afraid that you would be convicted despite your innocence. You could feel confused, or paralyzed for fear, or desperate to do something, anything, to fight for your freedom. Unfortunately, wrongful accusations do happen, and they sometimes even lead to wrongful convictions. Today, I’d like to discuss what you can do to prevent a wrongful conviction. I’ll also share some information about why it is vital that you not give up hope if you have already been wrongfully convicted.
If you are accused of a crime that you did not commit, do not let fear or confusion prevent you from taking action immediately. Seek the assistance of a Texas criminal defense attorney. Your attorney understands the criminal defense process and can develop a strategy tailored to the particulars of your case. Texas criminal defense attorneys are often able to prevent convictions in cases where the defendant is wrongfully accused of a crime. Unfortunately, despite the valiant efforts of defense attorneys in Texas and across America, wrongful convictions continue to be obtained by prosecutors across the nation.
Those who are wrongfully convicted must not ever give up the hope that their wrongful conviction will be overturned and they will be exonerated. Sometimes, wrongful convictions are overturned soon after they are obtained. However, it sometimes takes years of waiting, hoping, and persevering in the pursuit of justice before exoneration of a wrongfully convicted individual occurs.
Exonerations are on the rise across America. Texas has obtained the highest number of exonerations in America over the past thirty years. Texas’s top ranking is not strictly a matter of population, because the exoneration numbers do not correlate with state population numbers. California has the highest population in the nation, yet it ranks fourth on the list of states with the most exonerations. Illinois has the second-highest number of exonerations despite its much smaller population.
One of the driving forces in the increase in exonerations is the availability of DNA testing, and it’s coming into widespread use. There are also social factors behind the rise in exonerations. As the public has learned more about the problem of wrongful conviction and the devastating impact it has on the wrongfully convicted and their families; society is increasing its demands for justice. Advocacy for those who believe that they were erroneously convicted has increased in quality and has attracted the effort and attention of some of the nation’s top criminal defense attorneys. Communities are also demanding more accountability from prosecutors, insisting on high-quality evidence and witnesses. Consequently, there is more hope now than ever for those who have been wrongfully convicted.
If you are accused of a crime in Texas, you must take immediate action to protect your rights. The consequences of a conviction can have harsh, lasting effects on your life and the lives of those who are close to you. Align yourself with a Texas criminal defense attorney right away, and begin taking steps towards a resolution of your Texas criminal law matter. Learn more about criminal defense in Texas by calling Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.