News - Alex Tyra Law Office

Texas DWI Defense Attorney Discusses Delays in DWI Cases

December 1, 2015/in Texas DWI Defense/by LS_admin

Being a DWI defendant is not easy. Throughout the DWI case process, DWI defendants are likely to feel a variety of emotions including fear, sorrow, anger, and frustration. Regardless of how any given DWI case ends, at the conclusion of a DWI case the defendant has certainty about its outcome. Unfortunately, some DWI defendants in Bexar County may be feeling additional fear, sorrow, and anger because they are waiting much longer than usual to experience the certainty that comes with resolution of their DWI cases.

A scandal involving the private laboratory that used to test the blood samples of Bexar County DWI suspects who refused to take the breath test has resulted in a huge backlog of samples that are currently awaiting testing at a laboratory at the Texas Department of Public Safety in Austin. The scandal involved possible mishandling of blood samples by the staff of the private laboratory, which no longer performs tests for the county.

Because of the delay, prosecutors have gone forward with some DWI cases without blood test evidence. Blood samples for certain DWI cases, such as those involving intoxication assault and intoxication manslaughter, have always been tested by the Bexar County medical examiner’s office, which continues to perform the tests for those types of cases. In cases where blood samples have not yet been tested, prosecutors have been proceeding with eyewitness testimony, field sobriety tests, and breathalyzer test results when available. The result appears to be an increase in DWI convictions, which is concerning for defendants whose samples are on hold. The unavailability of DWI blood test results is also concerning because it could harm DWI defendants whose results would show that they were innocent.

The increased rate of conviction is just one thing about the backlog of DWI cases that is causing frustration among DWI defendants and their attorneys. These defendants are being kept in limbo, unsure of when their case will proceed. Also, the no refusal policy that resulted in the samples being taken from drivers who refused breath testing is controversial. This adds to the sense of injustice that the defendants whose samples are awaiting testing are currently experiencing.

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

When you are facing DWI charges, you are likely to have many concerns. An experienced DWI defense attorney can help you understand the charges against you as well as the DWI case process. Each defendant has unique needs and priorities. Some defendants have prior DWI convictions, while it is the first time for others. Some have families to support, while others have concerns regarding immigration. Whatever your priorities are, it is essential that you get the legal support that a DWI defense attorney can provide. Texas DWI Defense Attorney Alex Tyra has helped all kinds of DWI defendants through the DWI case process towards resolution of their DWI cases. It is possible that he may be able to help you, too. Please call our office today, at (903) 753-7499, or contact us online to learn more.

Texas Family Law Attorney Shares Holiday Tips for Divorced or Divorcing Parents

November 29, 2015/in Texas Divorce Cases/by LS_admin

Despite that song about the holidays being “the most wonderful time of the year”, November and December can be stressful, overwhelming, and sometimes even downright unpleasant for anyone, divorced or not. For people who are divorced or who are divorcing, this season can be incredibly challenging. Fortunately, as more and more people who are divorced learn from experience and share their stories about what works well during the holiday season and what does not work, those who are new to life during or after divorce can benefit tremendously. Here are a few things that might help you to navigate this holiday season successfully.

One common mistake that newly divorced or divorcing parents make during the holidays is assuming that since a parenting schedule has been agreed to in advance, everything will go smoothly and as planned. Unfortunately, this is not often the case. Weather can interfere with travel plans and school schedules, you or your children’s other parent may receive last-minute invitations to gatherings with family and or community events, or any one of a number of other things could happen which could threaten to derail even the most carefully planned out parenting schedule. Fortunately, there is a way from preventing at least some of these occurrences from turning into conflicts. Clear and honest communication as far in advance as possible regarding proposed changes to the parenting schedule can go a long way towards keeping both of you in a problem solving state of mind where you can work together to find solutions that will work for the whole family.

Gift-giving is another area in which divorced and divorcing parents often encounter trouble during the holidays. As is the case with parenting time, planning ahead for gift giving and communicating openly and honestly with your children’s other parent can help you avoid many conflicts. Most children enjoy creating holiday wish lists, and this can be very helpful for parents. Once your children have made their lists, have a conversation with your children’s other parent about which of you will give which gifts to which children. That same conversation is a good time for both of you to address any concerns over the appropriateness or feasibility of any of the gifts on the children’s lists. Working together on gift giving helps both of you to avoid unpleasant surprises, such as the children receiving duplicate gifts or gifts that would create conflict or a temptation for either parent to speak unkindly of the other in front of the kids. Also, children enjoy giving gifts to their parents. Since many children do not have the financial resources or the ability to go out and shop for a gift for their other parent on their own, you can show your support for your child and for their relationship with their other parent by helping them make or purchase something special for their other parent.

Texas Family Law Attorney Alex Tyra – The Legal Support You Need for Your Texas Divorce

The holiday season presents a number of challenges for divorced and divorcing parents. Fortunately, many conflicts can be avoided with clear communication and advance planning. However, despite your best efforts, things may happen during the holiday season that may cause you to require legal assistance. If you need help with your Texas divorce now or at any time of the year, Texas Divorce Attorney Alex Tyra may be able to help you. Call our office today, at (903) 753-7499.

Texas Criminal Defense Attorney Talks about Violations of Probation

November 19, 2015/in Criminal Defense/by LS_admin

For many Texans who are accused of crimes, probation is an attractive alternative to incarceration. Probation can be a good way for you to remain engaged in the productive things that you were doing in your community prior to being charged with a crime – as long as you follow the rules. Each individual who is on probation has a probation agreement that is designed to help them avoid getting into trouble with the law again. Some common provisions that are included in many probation agreements are abstinence from alcohol and substance use and meeting regularly with a probation officer. Understanding the terms of your probation agreement and abiding by them really is the only way to make probation work well for you.

Since following the rules of your probation is so important, keep a copy of your probation agreement where you can easily reference it. Also, build a strong relationship with your probation officer because they can be a good source of information and support during your probation. If you have a question about whether something that you would like to do, such as visiting friends or family out of state for the holidays, would be a violation of your probation, ask your probation officer about it before doing it.

If something occurs and you are thought to have violated your probation, Sections 521.295 and 521.296 of the Texas Code of Criminal Procedure specify that a hearing will be held with the purpose of determining whether you did in fact violate one or more terms of your probation. Information that will be discussed at the hearing is not strictly limited to whether or not you violated your probation agreement, the nature of your violation, the seriousness of your violation, and whether this is your first violation or a subsequent violation all weigh on the outcome of the hearing.

The outcome of your violation of probation hearing will dictate whether some or all of the consequences for violation of probation that were set forth at your original probation hearing will take effect. One possible outcome is that you walk away from the hearing with a warning. This outcome is more likely for first-time violators whose violations are not serious. Some violations, such as those for using drugs or alcohol or engaging in prohibited activities may indicate that you need additional support in order to successfully comply with your probation agreement. If this is the case, you may be ordered to attend a drug or alcohol treatment program, or to attend counseling. If you are found to have violated probation, you may also be ordered to perform a specific amount of community service or to pay a fine. Unfortunately, some violations of probation have very serious consequences including temporary jail time, an extension of the probation term, revocation of probation and confinement for the remainder of the term, or even new criminal charges if you committed a crime while violating probation.

Texas Criminal Defense Attorney Alex Tyra – Providing Texans with a Strong Defense

It is important that you be represented by an attorney at a violation of probation hearing. These hearings take place before a judge, and your attorney can present evidence and testimony from witnesses during the hearing. If you have been charged with violating probation, Texas Criminal Defense Attorney Alex Tyra may be able to help you. To learn more, please call our office today, at (903) 753-7499. Alternatively, you may contact us online.

Texas DWI Defense Attorney Describes What Happens After a DWI Arrest

November 9, 2015/in Texas DUI/by LS_admin

Many people are familiar with what happens prior to a DWI arrest – a law enforcement officer stops a vehicle, determines that they think that the driver is intoxicated, and arrests them. Unless you have been arrested for DWI before, you may not know what happens after a DWI arrest. Of course, each arrest is a unique situation, but there are some things that do occur after most DWI arrests.

When a driver is being arrested for DWI, their vehicle is not simply left on the side of the road indefinitely as they leave the scene in a police car. In some cases, the driver is fortunate enough to be able to make contact with a family member who can move their car. Unfortunately, in other cases, a tow truck must be called to move the vehicle which will add to the total cost of the driver’s DWI arrest experience.

Depending upon where you are arrested, you may be transported by law enforcement to the magistrate’s office, or to the county jail. Wherever you end up, you will spend some time there as things get sorted out. Many drivers spend between ten and twelve hours at the magistrate’s office or in jail, but if it is a holiday or a weekend, they may have to stay there a lot longer because they have plenty of company. Sometimes, drivers have a physical or mental health emergency and must be transported to a hospital or brought to the medical center of the jail instead of to the magistrate’s office or a holding cell.

Once those initial steps of the process have occurred, you will be booked into the system and allowed to make two phone calls. Usually you are restricted to making local calls, but people from outside of the local area may be permitted to make long distance calls. The next step in the process is that the police will decide where you will stay until it is time for you to be released. These intermediate steps often take about an hour, but as mentioned before, if there are many people being arrested at the same time that you are, your experience may take substantially longer. Before you are able to be released, bond must usually be paid by someone on your behalf. Depending upon the situation, you may be eligible to be released on a personal recognizance bond, which means that you do not have to supply any bond money. Once bond has been taken care of, there is further processing and paperwork which must be completed before your release actually occurs.

Texas DWI Defense Attorney Alex Tyra – Defending Texas Drivers Against DWI Charges

If you ever get arrested for DWI and you are taken into custody, use one of your two phone calls to contact an experienced Texas DWI defense attorney. Your DWI defense attorney can provide you with the legal support that you need during all of the stages of your DWI experience. Texas DWI Defense Attorney Alex Tyra has experience with helping Texans stand up to their DWI charges. To learn more, please call our office today, at (903) 753-7499, or contact us online.

Texas Family Law Attorney Discusses Divorce after Age Fifty

October 28, 2015/in Texas Divorce Cases/by LS_admin

Divorce knows no boundaries when it comes to age. Couples of any age can encounter difficulties in their marital relationships that they feel would be best resolved by divorce. While divorcing couples as a group may face similar challenges, there are some issues that are especially relevant to marriages in which one or both of the spouses are fifty years of age or older.

For example, all divorcing couples must deal with the issue of property distribution. Regardless of a couple’s age, navigating the issue of who gets to keep the marital home can be complicated. Older adults are even more likely to younger adults to have developed a deep attachment to their home, and they may be reluctant to think about going to live anywhere else. However, owning a home is not without its responsibilities. If you are thinking about trying to keep your home, remember that the costs of home ownership will be yours to bear, along with the cost of maintaining your home and either paying someone to maintain it or doing things like mowing the lawn, repairing things that break, and shoveling the driveway and walkways yourself. It is also important to remember that the spouse who keeps the home will get fewer of the couple’s other assets, in order to compensate the spouse who is not going to keep the house for his or her share of the home’s value.

Other financial considerations for adults over the age of fifty who are considering divorce include retirement and alimony. Depending upon what your spouse does for work and whether they have any retirement funds of their own, you may have a few different options for addressing the issue of dividing up retirement funds. For example, if your spouse has a smaller retirement fund than you do, they may ask you to provide them with some of your retirement income, or they may ask you to give them other assets in exchange for being able to retain all of your retirement funds. You and your spouse’s past and present work history will also affect the issue of alimony. If your spouse has done little to no work outside of the home during your marriage, they are likely to be awarded long-term alimony because their post-divorce employment prospects are not the same as a spouse who is currently employed or who held a job during some of the marriage.

Older couples are less likely than younger couples to have to make plans for parenting time, because often, all of their children have reached adulthood. Despite the lack of a formal requirement to address the needs of their children, many divorcing couples with adult children do think about and plan for the continued roles of their adult children in their lives. If you and your spouse have talked about involving your children as caregivers for you as you age, it is important that you discuss whether and how your divorce will impact any plans that you have made. Of course, this will necessarily involve consulting with your children and involving them in the decision making process.

Texas Family Law Attorney Alex Tyra – Comprehensive Legal Support for Divorcing Texans

Divorce can happen at any age. Older adults face all of the challenges that other divorcing couples must grapple with, as well as some additional issues like alimony and the roles of their adult children in their lives. If you have questions about divorce, Texas Family Law Attorney Alex Tyra can help you. Call our office today, at (903) 753-7499.

Texas DWI Defense Attorney Urges Drivers to Use Caution on Halloween Weekend

October 18, 2015/in Texas DWI Defense/by LS_admin

This year, Halloween falls on a Saturday. This is both good news and bad news. If you enjoy Halloween parties, you may be excited for a weekend of fun. However, since Halloween is a holiday that is celebrated by both children and adults, there are safety concerns that law enforcement officers are well aware of. During the late afternoon hours and well into the evening, costumed children take to the streets for trick-or-treating. The increased presence of children on and near roadways increases the risk of pedestrian accidents for all drivers, and law enforcement officers will be out in full force to keep pedestrians as safe as possible. Increased law enforcement presence is likely to lead to more traffic stops. Since law enforcement officers are on a heightened alert for intoxicated drivers, they will not hesitate to test any driver for whom they have the slightest suspicion of intoxication.

Pedestrian safety is not the only focus of law enforcement officers on Halloween, though. The Texas Department of Public Safety is likely to implement a “no refusal weekend” for Halloween this year, after a successful “no refusal weekend” last Halloween. This year, “no refusal weekends” have been implemented on most major holidays, so there is a high likelihood that the same thing will happen on Halloween.

If you are unfamiliar with the concept of the “no refusal weekend”, it is important that you understand how traffic stops during these times differ from regular traffic stops. Whenever there is a “no refusal weekend”, any driver who is suspected of driving under the influence of alcohol will be required to submit to roadside breath or blood alcohol testing. If a driver refuses to submit to the testing, they will be arrested. After the driver has been arrested, a blood sample will be obtained from them while they are in police custody. Ordinarily, a driver on Texas roads who refuses roadside blood or breath testing will have their license suspended, but they will not be arrested.

Texas DWI Defense Attorney Alex Tyra – Comprehensive Legal Support for Texas Drivers

If you are pulled over by the police at any point in time, it is important that you do your best to prevent your traffic stop from turning into a DWI investigation. Remain calm, use a respectful tone of voice, and take care not to provide the police officer with much information. If you are taken into custody, exercise your right to remain silent, and ask to speak with an attorney right away. A knowledgeable Texas DWI defense attorney can do many things to build a strong case on your behalf, including checking for issues with the blood draw warrant, looking for mistakes in handling of the blood sample, and questioning the accuracy of the blood test results and the integrity of the procedure for taking and handling the blood sample. If you have been accused of driving under the influence of alcohol, contact an experienced Texas DWI Defense Attorney right away. If you have questions about DWI in Texas, call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or contact us online.

Texas DWI Defense Attorney Urges Drivers to Use Caution on Halloween Weekend

October 18, 2015/in Texas DWI Defense/by LS_admin

This year, Halloween falls on a Saturday. This is both good news and bad news. If you enjoy Halloween parties, you may be excited for a weekend of fun. However, since Halloween is a holiday that is celebrated by both children and adults, there are safety concerns that law enforcement officers are well aware of. During the late afternoon hours and well into the evening, costumed children take to the streets for trick-or-treating. The increased presence of children on and near roadways increases the risk of pedestrian accidents for all drivers, and law enforcement officers will be out in full force to keep pedestrians as safe as possible. Increased law enforcement presence is likely to lead to more traffic stops. Since law enforcement officers are on a heightened alert for intoxicated drivers, they will not hesitate to test any driver for whom they have the slightest suspicion of intoxication.

Pedestrian safety is not the only focus of law enforcement officers on Halloween, though. The Texas Department of Public Safety is likely to implement a “no refusal weekend” for Halloween this year, after a successful “no refusal weekend” last Halloween. This year, “no refusal weekends” have been implemented on most major holidays, so there is a high likelihood that the same thing will happen on Halloween.

If you are unfamiliar with the concept of the “no refusal weekend”, it is important that you understand how traffic stops during these times differ from regular traffic stops. Whenever there is a “no refusal weekend”, any driver who is suspected of driving under the influence of alcohol will be required to submit to roadside breath or blood alcohol testing. If a driver refuses to submit to the testing, they will be arrested. After the driver has been arrested, a blood sample will be obtained from them while they are in police custody. Ordinarily, a driver on Texas roads who refuses roadside blood or breath testing will have their license suspended, but they will not be arrested.

Texas DWI Defense Attorney Alex Tyra – Comprehensive Legal Support for Texas Drivers

If you are pulled over by the police at any point in time, it is important that you do your best to prevent your traffic stop from turning into a DWI investigation. Remain calm, use a respectful tone of voice, and take care not to provide the police officer with much information. If you are taken into custody, exercise your right to remain silent, and ask to speak with an attorney right away. A knowledgeable Texas DWI defense attorney can do many things to build a strong case on your behalf, including checking for issues with the blood draw warrant, looking for mistakes in handling of the blood sample, and questioning the accuracy of the blood test results and the integrity of the procedure for taking and handling the blood sample. If you have been accused of driving under the influence of alcohol, contact an experienced Texas DWI Defense Attorney right away. If you have questions about DWI in Texas, call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499, or contact us online.

Latest News

Texas DWI Defense Attorney Discusses Delays in DWI Cases

Texas Family Law Attorney Shares Holiday Tips for Divorced or Divorcing Parents

Texas Criminal Defense Attorney Talks about Violations of Probation

Texas DWI Defense Attorney Describes What Happens After a DWI Arrest

Texas Family Law Attorney Discusses Divorce after Age Fifty

Texas DWI Defense Attorney Urges Drivers to Use Caution on Halloween Weekend

Texas DWI Defense Attorney Urges Drivers to Use Caution on Halloween Weekend

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