News - Alex Tyra Law Office

Texas Texas Criminal Defense Attorney Reports District Attorney Has Dropped All Remaining Twin Peaks Cases

April 1, 2019/in Texas DWI Defense/by LS_admin

The shootout at the Twin Peaks restaurant in 2015 claimed the lives of nine people and injured twenty others. Four years later, closure has not yet come for those who were injured and for the families of those who died in the shootout. It looks like closure or justice may not ever come for those people, at least not through the Texas legal system.

Earlier this month, the McLennan County District Attorney announced that the twenty-four cases that remained pending in connection with the shootout would be dropped. This is a surprising turn of events, considering that immediately following the shooting, one hundred and seventy-seven people were arrested in connection with the shootout, charged with participating in organized crime and held on million dollar bonds. Of those individuals who were arrested and charged, only one case ever proceeded to trial, and the trial ended with the declaration of a mistrial.

The District Attorney stated that the decision to drop the cases was made based on the evidence and the facts, along with the laws of the State of Texas and the interest of justice. The overall cost of the Twin Peaks incident has surpassed a billion dollars and continues to increase. The District Attorney’s decision to drop the cases seems to be connected to the strength of the evidence, which was exposed as lacking.

Evidentiary challenges are crucial to many successful criminal defenses, and this high-profile case with its large number of defendants is no exception. The defense attorneys for all of the defendants connected with the Twin Peaks shootout have worked hard over the past four years to challenge the police procedures followed during the incident and the arrest and processing of all of the defendants as well as the handling of the evidence connected with their cases. Lack of probable cause was cited in many challenges to the charges made against the defendants, along with allegations of numerous violations of the Texas Code of Criminal Procedure. Challenges to excessive bond round out the list of strategies employed by defense attorneys on behalf of their clients.

It was reported that the defendants in the Twin Peaks cases have benefited from the vigorous efforts of their defense counsel. That is something good that has come from the horrific event at Twin Peaks and the state’s response to it, which many feel was inappropriate. Unfortunately, a great deal of harm was caused not just in terms of injury and death, but in the fact that it has taken four years for some of the defendants to have a resolution of their cases. Some of the defendants have been under the shadow of the ongoing criminal cases for too long, suffering from the physical and emotional consequences that come when one is arrested and charged with a crime. With the dismissal of the last twenty-four cases, the remainder of the Twin Peaks defendants will finally be able to begin moving forward again.

If you are charged with a crime in Texas, contact Texas Criminal Defense Attorney Alex Tyra right away. Criminal charges can have a far-reaching effect on your life. It is critical that you act now because your freedom and your rights are at stake. Please call our office to talk with us today, at (903) 753-7499, or fill out a contact form on our website.

Texas DWI Defense Attorney Says Evidentiary Challenges Are Part of a Solid Defense Strategy

March 28, 2019/in Texas DWI Defense/by LS_admin

A solid DWI defense often includes multiple strategies for defeating the prosecution’s case against the defendant. Evidence is a critical component of the state’s case in any DWI case. When it’s possible that there could be a problem with one or more of the pieces of evidence that the state plans to present at trial, a defense attorney will often challenge the admissibility of the evidence in the hope that the court will agree with their argument and exclude the evidence from the trial. Since the state must be able to support its case against the defendant with the evidence it plans to present at trial, each piece of the state’s evidence that is excluded from the trial weakens the case against the defendant.

The Texas Court of Criminal Appeals recently issued a ruling that excludes the admission of a specific blood sample. In its ruling, the Court agreed with a lower court’s decision that the evidence was gathered in an unconstitutional manner, thus violating the defendant’s rights. The State tried, in its appeal, to persuade the Texas Court of Criminal Appeals that the judge who previously ruled in favor of excluding the evidence abused his judicial discretion. The Texas Court of Appeals has sent the case back to the 210th District Court for trial.

The defendant in the case mentioned above is a man from El Paso who is charged with the deaths of three people in connection with an automobile wreck that happened on Christmas Eve in 2014. Joel Garcia’s blood was taken without a warrant, in the hours following the crash. The State claimed that the blood sample had to be drawn before a warrant could be obtained because the defendant required immediate medical treatment after his accident. The defense argued that the defendant’s injuries did not require immediate medical treatment, rendering the warrantless blood draw a violation of Garcia’s fourth amendment rights. After several appeals, the issue of whether the defendant’s blood sample is allowed as evidence in his trial was finally decided by the Texas Court of Criminal Appeals, as mentioned above.

Constitutional challenges are just one of the ways defense attorneys can attack the validity of blood samples and other types of physical evidence. In some cases, questions over the handling of items like blood samples lead to the exclusion of evidence that the state planned to rely on heavily in its case. Blood samples can be taken incorrectly, stored improperly, and in some cases even mixed up and mislabeled with the wrong name. Blood and breath testing equipment are not infallible, and challenges to the validity of test results are another way that defense counsel can sometimes have evidence excluded from a defendant’s trial.

If you’ve been charged with DWI in Texas, contact a skilled Texas DWI Defense Attorney right away. DWI charges can have a far-reaching effect on many areas of your life, so it is critical that you take action now because your rights and your freedom are at stake. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.

Texas Family Law Attorney Says Some Couples Pause or Even End Their Divorce Cases and Remain Married

March 8, 2019/in Texas Divorce Cases/by LS_admin

Did you know that not every divorce case filed in Texas proceeds directly from start to finish? Some Texas couples choose to pause their divorce cases to assess whether reconciliation is possible. As a result of that assessment, some of those couples decide to end their divorce proceedings and remain married.

This may sound like somewhat of a fairy tale, complete with a happy ending. For some couples, it is indeed for the best, eventually resulting in a restored marriage and happily ever after. Of course, reconciliation does not always work, and some couples who attempt to reconcile during their divorce eventually decide to continue the divorce process all of the way to a final divorce decree.

It is crucial for any couple who may want to explore reconciliation to recognize that it’s not an easy path, and it does make your divorce case more complicated regardless of which direction you and your spouse eventually go. If you have filed for divorce, your divorce case is, at any given time, somewhere along a timeline that moves from the date the divorce complaint is filed to the date a judge issues a final divorce decree. There are a variety of stages a divorce case moves through from beginning to end, and depending on the timing of your decision to try to reconcile, you may have some extra work to do. For example, if there have been any protective orders issued in your case, your attorneys may have to have those lifted before you can legally have the amount and type of contact you want with your spouse. If you and your spouse are considering giving reconciliation a try, be sure to discuss that with your attorney and ask your spouse to do the same. Your attorney will help you understand what your options are during and after your reconciliation attempt, whether or not it is successful

Another critical point to consider is how your reconciliation attempt will affect your children. Before you discuss what you plan to do with them, talk with their therapists if they are in counseling and also seek information and advice about how to proceed with wisdom in this area. Children’s hearts are tender at any age, and it is always best to use caution and think things through before bringing them into your children’s world.

Additionally, seek counseling for yourselves. The couples who successfully reconcile are the couples who put a wholehearted effort into understanding how their marriage got to the point of breaking and learn how to restore the love, trust, and health to their marriage. These are serious matters which deserve serious commitment, time, and effort from both spouses. It is not wise to attempt reconciliation unless you are confident that your spouse is just as committed and serious about it as you are.

If you have questions about divorce in Texas, call Texas Family Law Attorney Alex Tyra with your Texas divorce questions today, at (903) 753-7499.

Texas Family Law Attorney Shows You How to Avoid Four Common Divorce Blunders

February 26, 2019/in Texas Divorce Cases/by LS_admin

Going through a divorce is complicated enough without the mistakes and setbacks that can happen along the way. Fortunately, many of the mistakes that people make while navigating their Texas divorce cases are avoidable. Today, I share four common errors that people make during the divorce process and how you can avoid them.

Navigating your Texas divorce with the aid of an attorney is an excellent way to avoid many of the mistakes that can happen in divorce cases. However, choosing the wrong attorney to accompany you on your divorce journey can be more harmful than helpful. It is well worth it to spend time talking with friends and family about local attorneys that they might know, researching local attorneys online, and meeting with several attorneys before deciding whom you will entrust with this important legal matter. Look for someone who has considerable experience with family law, and divorce in particular. Perhaps most importantly, search out an attorney with whom you feel comfortable. The divorce process involves sharing many intimate details of your life and your marriage, so it is essential that you select someone whom you can trust.

While we’re talking about disclosing the intimate details of your life, we must also talk about another way that some people go wrong in their divorce cases. The more truthful, accurate, and complete you are in providing information to your attorney about every area of your life and your marriage, the better equipped your attorney is to help you come through your divorce to an outcome that works well for you.

In being complete, truthful, and timely in sharing information with your attorney, you help your attorney know how they can best help you. Just as importantly, you will avoid a third pitfall, the mistake of experiencing the penalties that will come your way if you omit facts, minimize painful truths, hide assets, or otherwise faibe completely honest and upfront with your attorney regarding the details of your life.

A fourth divorce faux pas that you would do well to avoid is forming expectations or making decisions about your divorce without the input of your attorney. Your attorney is the best source of knowledge about what you can reasonably expect to accomplish with your divorce. Divorce involves making many decisions, and your attorney can help you understand the potential benefits and drawbacks of each choice that you are asked to make during your divorce case based upon what they know about divorce law and the unique facts of your situation. Unfortunately, some clients insist on making decisions in their divorce cases based upon what they feel they are entitled to receive in their divorce or what their friend or family member was able to get in their divorce case. These decisions often serve to drag a divorce case on for longer than is necessary, cause additional conflict between the divorcing parties, and increase the time, money, and emotional energy that is expended on resolving the divorce case. In contrast, divorcing clients who make decisions based upon the advice of their attorneys are more likely to not only resolve their divorce case faster and with less conflict, they are more likely to be content with the outcome of the divorce, whatever that outcome looks like.

If you have questions about divorce in Texas, call Texas Family Law Attorney Alex Tyra with your Texas divorce questions today, at (903) 753-7499.

Texas Family Law Attorney Shows You How to Avoid Four Common Divorce Blunders

February 26, 2019/in Texas Divorce Cases/by LS_admin

Going through a divorce is complicated enough without the mistakes and setbacks that can happen along the way. Fortunately, many of the mistakes that people make while navigating their Texas divorce cases are avoidable. Today, I share four common errors that people make during the divorce process and how you can avoid them.

Navigating your Texas divorce with the aid of an attorney is an excellent way to avoid many of the mistakes that can happen in divorce cases. However, choosing the wrong attorney to accompany you on your divorce journey can be more harmful than helpful. It is well worth it to spend time talking with friends and family about local attorneys that they might know, researching local attorneys online, and meeting with several attorneys before deciding whom you will entrust with this important legal matter. Look for someone who has considerable experience with family law, and divorce in particular. Perhaps most importantly, search out an attorney with whom you feel comfortable. The divorce process involves sharing many intimate details of your life and your marriage, so it is essential that you select someone whom you can trust.

While we’re talking about disclosing the intimate details of your life, we must also talk about another way that some people go wrong in their divorce cases. The more truthful, accurate, and complete you are in providing information to your attorney about every area of your life and your marriage, the better equipped your attorney is to help you come through your divorce to an outcome that works well for you.

In being complete, truthful, and timely in sharing information with your attorney, you help your attorney know how they can best help you. Just as importantly, you will avoid a third pitfall, the mistake of experiencing the penalties that will come your way if you omit facts, minimize painful truths, hide assets, or otherwise faibe completely honest and upfront with your attorney regarding the details of your life.

A fourth divorce faux pas that you would do well to avoid is forming expectations or making decisions about your divorce without the input of your attorney. Your attorney is the best source of knowledge about what you can reasonably expect to accomplish with your divorce. Divorce involves making many decisions, and your attorney can help you understand the potential benefits and drawbacks of each choice that you are asked to make during your divorce case based upon what they know about divorce law and the unique facts of your situation. Unfortunately, some clients insist on making decisions in their divorce cases based upon what they feel they are entitled to receive in their divorce or what their friend or family member was able to get in their divorce case. These decisions often serve to drag a divorce case on for longer than is necessary, cause additional conflict between the divorcing parties, and increase the time, money, and emotional energy that is expended on resolving the divorce case. In contrast, divorcing clients who make decisions based upon the advice of their attorneys are more likely to not only resolve their divorce case faster and with less conflict, they are more likely to be content with the outcome of the divorce, whatever that outcome looks like.

If you have questions about divorce in Texas, call Texas Family Law Attorney Alex Tyra with your Texas divorce questions today, at (903) 753-7499.

Texas DWI Defense Attorney Says Security Cameras in Bars May Aid Defendants

February 4, 2019/in Texas DWI Defense/by LS_admin

Individual defendants aren’t the only ones charged with alcohol-related crimes in Texas. Restaurants, bars, and other types of businesses that serve alcohol run the risk of being accused of overserving patrons. These charges can come with severe fines and penalties, in addition to the cost of obtaining legal defense to represent the establishment in court.

Fortunately, some alcohol-serving establishments and some of the patrons who frequent them stand to benefit from video footage captured by security cameras. Video surveillance is commonplace in bars, restaurants, and other public places. That is proving to be a very good thing in some cases where undercover agents accuse bartenders of serving drinks to customers who are, in their opinion, already intoxicated. While it is true that in some cases, the bartenders captured on camera are indeed serving drinks to people who are inebriated, it is also true that some bartenders and customers have had the charges brought against them dropped after a judge reviews the video evidence and concludes that there is no “obvious intoxication” present.

The Texas Alcoholic Beverage Commission (TABC) is an agency whose agents work to find and cite establishments that serve alcohol to people who are already intoxicated. Unfortunately, the agency does not have a set of clear guidelines that agents must follow in determining that a person is drunk. Agents rely on their observations and subjective judgments that they make about the people they observe as they search for those people who are breaking the law. Security cameras provide the judges who hear cases brought by the TABC with a look at the behavior of the bartenders and patrons whose conduct is in question. Often, video evidence supports the conclusion advanced by the TABC agents who brought the charges, but sometimes, it doesn’t. In those cases where what’s on the video does not support the agents’ conclusions, judges can and do ask the state to drop the charges.

Video evidence does more than help those who are innocent obtain the exoneration they deserve. It also points to a need for the agencies charged with protecting the public safety to continually evaluate the methods that they use to assess potential threats to public safety. For example, a more precise definition of what it means to be intoxicated according to Texas law would benefit both the bartenders who are trying to serve drinks within limits established by law and the TABC agents who are working to spot and apprehend those who are breaking the law.

If you are charged with DWI or some other alcohol-related crime in Texas, locate a skilled Texas DWI defense attorney right away. Your attorney can help you take steps to protect your rights and your freedom while working to develop a defense strategy that will protect the things that are most important to you. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.

Texas DWI Defense Attorney Says Security Cameras in Bars May Aid Defendants

February 4, 2019/in Texas DWI Defense/by LS_admin

Individual defendants aren’t the only ones charged with alcohol-related crimes in Texas. Restaurants, bars, and other types of businesses that serve alcohol run the risk of being accused of overserving patrons. These charges can come with severe fines and penalties, in addition to the cost of obtaining legal defense to represent the establishment in court.

Fortunately, some alcohol-serving establishments and some of the patrons who frequent them stand to benefit from video footage captured by security cameras. Video surveillance is commonplace in bars, restaurants, and other public places. That is proving to be a very good thing in some cases where undercover agents accuse bartenders of serving drinks to customers who are, in their opinion, already intoxicated. While it is true that in some cases, the bartenders captured on camera are indeed serving drinks to people who are inebriated, it is also true that some bartenders and customers have had the charges brought against them dropped after a judge reviews the video evidence and concludes that there is no “obvious intoxication” present.

The Texas Alcoholic Beverage Commission (TABC) is an agency whose agents work to find and cite establishments that serve alcohol to people who are already intoxicated. Unfortunately, the agency does not have a set of clear guidelines that agents must follow in determining that a person is drunk. Agents rely on their observations and subjective judgments that they make about the people they observe as they search for those people who are breaking the law. Security cameras provide the judges who hear cases brought by the TABC with a look at the behavior of the bartenders and patrons whose conduct is in question. Often, video evidence supports the conclusion advanced by the TABC agents who brought the charges, but sometimes, it doesn’t. In those cases where what’s on the video does not support the agents’ conclusions, judges can and do ask the state to drop the charges.

Video evidence does more than help those who are innocent obtain the exoneration they deserve. It also points to a need for the agencies charged with protecting the public safety to continually evaluate the methods that they use to assess potential threats to public safety. For example, a more precise definition of what it means to be intoxicated according to Texas law would benefit both the bartenders who are trying to serve drinks within limits established by law and the TABC agents who are working to spot and apprehend those who are breaking the law.

If you are charged with DWI or some other alcohol-related crime in Texas, locate a skilled Texas DWI defense attorney right away. Your attorney can help you take steps to protect your rights and your freedom while working to develop a defense strategy that will protect the things that are most important to you. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.

Latest News

Texas Texas Criminal Defense Attorney Reports District Attorney Has Dropped All Remaining Twin Peaks Cases

Texas DWI Defense Attorney Says Evidentiary Challenges Are Part of a Solid Defense Strategy

Texas Family Law Attorney Says Some Couples Pause or Even End Their Divorce Cases and Remain Married

Texas Family Law Attorney Shows You How to Avoid Four Common Divorce Blunders

Texas Family Law Attorney Shows You How to Avoid Four Common Divorce Blunders

Texas DWI Defense Attorney Says Security Cameras in Bars May Aid Defendants

Texas DWI Defense Attorney Says Security Cameras in Bars May Aid Defendants

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