News - Alex Tyra Law Office

Texas DUI Defense Attorney Offers Advice for Drivers Facing Their First DUI

March 13, 2015/in Texas DUI/by LS_admin

DUI defense is something that most people do not think about until they have already been charged with a DUI. Since any driver is at risk of being charged with a DUI any time they drive anywhere and whether or not they have been drinking, it is a good idea to know in advance what to do if you are charged with driving under the influence of alcohol.

The first thing that drivers should know is that if they are charged with driving under the influence, they should get help from a DUI defense attorney right away. Criminal charges like a DUI can have far-reaching effects on your day to day life for an extended period of time, even if you are not convicted. Your DUI defense attorney will help you understand the charges that have been brought against you. Perhaps even more importantly, they can explain the defenses that they may be able to use to get the charges dismissed or the penalties reduced. For example, your attorney may be able to speak with the prosecutor to pursue the offer of a plea bargain, or some other alternative to a trial. Once your attorney has an idea of which strategies they may be able to implement in your case, they can help you understand your options so that you can make an informed choice about what will work best for you.

First-time DUI defendants may wonder whether they must spend time and effort looking for a DUI defense attorney, or whether any criminal law attorney could help them just as well. Criminal defense attorneys certainly do their best to obtain the best possible results for their clients, but they do not all have experience with DUI cases. DUI defendants need their attorneys to understand all of the laws and all of the defenses that may be relevant to their cases.

Defendants should also know the difference between a public defender and private counsel. A public defender is an attorney who is paid by the state to provide legal assistance to defendants who cannot afford private attorneys. When a defendant has private counsel, it means that they are represented by an attorney that they selected and that they are paying for themselves. Unfortunately, public defenders have less control over their case load than private counsel do, and many have hundreds of clients. Because of this, they often have very little time to devote to each case.

Whether you are now facing your first DUI or a subsequent offense, you can give yourself the most successful defense by enlisting the aid of a Texas DUI defense attorney. Your attorney may be able to reduce or eliminate the consequences associated with the charges that you are facing. To learn how Texas DUI Defense Attorney Alex Tyra can help you, please call our office today, at (903) 753-7499. You may also reach us by submitting a convenient contact form on our website.

Texas Family Law Attorney Explains Collaborative Divorce

March 3, 2015/in Texas Divorce Cases/by LS_admin

If you are contemplating a divorce, you may be learning what seems like a new language. As you educate yourself about divorce and gather information that will help you in making a decision about whether to file for divorce, you will encounter new concepts and add terms to your working vocabulary that you just didn’t know much about before divorce was on your mind. One concept that is certainly worth becoming familiar with is the concept of mediation.

In mediation, attorneys help their clients to come up with a divorce agreement that works well for both parties. This runs contrary to what some people think divorce is all about. Some of the more highly publicized divorce cases are high conflict situations which end up being resolved through litigation. In reality, litigated divorces represent only a small portion of all divorce cases. Many divorces are settled through agreement, and the mediation process is a way through which this can be accomplished.

Mediation can address whichever issues are part of a couple’s divorce, including property division, parental responsibilities, parenting time, child support, spousal support, and anything else that must be resolved. Couples who resolve their divorces through mediation often report that they believe that they experienced less stress than they would have if they had resolved them through litigation. They also report a high level of satisfaction with the outcomes of their divorces. This may be because they were able to divide their assets in a way that worked for them, instead of having to abide by an order that was issued by a court that knew very little about them.

When a couple has children, there is an even greater incentive to use mediation to resolve their divorce. When divorce follows an adversarial path, one party’s gain is the other’s loss. Parents fight with each other to get more parenting time, sole parental responsibilities, or greater awards of child support, often losing sight of the best interest of the children along the way. Mediation offers parents an opportunity to structure their parenting schedules and divide parental responsibilities in a way that meets their family’s needs, instead of having a judge impose schedules and responsibilities for them.

Mediation is a great way to reduce the stress and conflict of your Texas divorce case while increasing the odds that both you and your soon to be former spouse will walk away from your marriage satisfied with the outcome. Texas Family Law Attorney Alex Tyra can help you to pursue the resolution of your divorce case in a way that meets your needs. If you decide to try mediation for your divorce and it does not appear as though you and your soon to be former spouse will be able to reach an agreement, I have the skills and experience required to present a convincing case in court. If you have a question about mediation or any other aspect of your Texas divorce, please call Attorney Alex Tyra today, at (903) 753-7499.

If you are contemplating a divorce, you may be learning what seems like a new language. As you educate yourself about divorce and gather information that will help you in making a decision about whether to file for divorce, you will encounter new concepts and add terms to your working vocabulary that you just didn’t know much about before divorce was on your mind. One concept that is certainly worth becoming familiar with is the concept of mediation.

In mediation, attorneys help their clients to come up with a divorce agreement that works well for both parties. This runs contrary to what some people think divorce is all about. Some of the more highly publicized divorce cases are high conflict situations which end up being resolved through litigation. In reality, litigated divorces represent only a small portion of all divorce cases. Many divorces are settled through agreement, and the mediation process is a way through which this can be accomplished.

Mediation can address whichever issues are part of a couple’s divorce, including property division, parental responsibilities, parenting time, child support, spousal support, and anything else that must be resolved. Couples who resolve their divorces through mediation often report that they believe that they experienced less stress than they would have if they had resolved them through litigation. They also report a high level of satisfaction with the outcomes of their divorces. This may be because they were able to divide their assets in a way that worked for them, instead of having to abide by an order that was issued by a court that knew very little about them.

When a couple has children, there is an even greater incentive to use mediation to resolve their divorce. When divorce follows an adversarial path, one party’s gain is the other’s loss. Parents fight with each other to get more parenting time, sole parental responsibilities, or greater awards of child support, often losing sight of the best interest of the children along the way. Mediation offers parents an opportunity to structure their parenting schedules and divide parental responsibilities in a way that meets their family’s needs, instead of having a judge impose schedules and responsibilities for them.

Mediation is a great way to reduce the stress and conflict of your Texas divorce case while increasing the odds that both you and your soon to be former spouse will walk away from your marriage satisfied with the outcome. Texas Family Law Attorney Alex Tyra can help you to pursue the resolution of your divorce case in a way that meets your needs. If you decide to try mediation for your divorce and it does not appear as though you and your soon to be former spouse will be able to reach an agreement, I have the skills and experience required to present a convincing case in court. If you have a question about mediation or any other aspect of your Texas divorce, please call Attorney Alex Tyra today, at (903) 753-7499.

Texas Criminal Defense Attorney Explains Insurance Fraud

February 25, 2015/in Criminal Defense/by LS_admin

Insurance fraud is a crime which can be committed in many different ways. Both individuals and businesses have been known to defraud insurers, from the doctors and health care facilities that submit claims for services that were never provided or were unnecessary, to people who stage automobile accidents in order to obtain insurance money, and even to people who were involved in accidents that were not staged who exaggerate the extent of their damages. Insurance fraud can occur on both a small scale, involving individuals submitting fraudulent claims for relatively small sums of money to large scale operations involving thousands and thousands of dollars. Since there is a diverse array of ways in which insurance fraud can be committed, the people who are accused of insurance fraud are likewise a diverse group. If you are charged with insurance fraud, contact a Texas Criminal Defense Attorney right away, because a conviction could have serious consequences for you both now and in the future.

At its simplest, insurance fraud occurs when someone purposefully files an insurance claim that is based upon false information so that they will receive payment for damages that did not actually occur. Applications for insurance can also serve as a means for committing insurance fraud, if the application is filled out using information that is false or misleading. People who provide goods and services for which claims of payment are submitted to insurance companies may also be liable for insurance fraud if they file those claims with the intent to defraud or deceive an insurer.

Sometimes, an insurance claim may be based partially upon true information and partially upon false information. When this happens, it does still constitute insurance fraud, but only the amount which was claimed fraudulently will count towards determining the penalty. This is important, because penalties for insurance fraud are directly connected to the value of the fraudulent claim. Insurance fraud can be a misdemeanor, a state jail felony, or a first second or third degree felony, depending upon the dollar amount of the fraudulent claim and whether the fraudulent claim involved an act that placed anyone at risk of serious injury or death. Defendants who are convicted of insurance fraud are often ordered to pay restitution.

If you have been charged with insurance fraud, contact a criminal defense attorney right away, so that your rights can be protected. A knowledgeable Texas Criminal Defense Attorney can create a defense strategy that is tailored to the unique facts of your case. Texas Criminal Defense Attorneys understand that there may be choices available to some insurance fraud defendants, and they can let you to know if any of those options are available in your case. Texas Criminal Defense Attorney Alex Tyra has years of experience in representing his clients’ best interests, both inside and outside of the courtroom. To learn more, please call our office at (903) 753-7499 today, or visit our website. We look forward to hearing from you.

Texas Family Law Attorney Offers Tips for Divorcing Couples with Pets

February 15, 2015/in Texas Divorce Cases/by LS_admin

Many couples in Texas and elsewhere share their lives with pets. In many households, pets are regarded as just as much a part of the family as the adults and children. When a couple who has one or more pets divorces, they may be surprised to learn that the law considers pets to be more like property than like members of the family. Fortunately, divorcing couples who have pets can choose how they would like to handle the issues associated with pet ownership as part of their divorce.

Some people meet their pet before they meet their spouse. In cases where one or both parties has one or more pets that they are bringing into a marriage, they may choose to address issues of pet ownership in prenuptial agreements. Of course, most couples do not have prenuptial agreements, so issues of pet ownership are often a part of the discussions that are associated with getting divorced.

If you have pets, it is important to understand that you and your soon to be former spouse can choose to address all of your pets’ needs as part of your divorce. Pets have needs, to be sure, and they also have feelings. Your divorce is something that they will experience on both a physical level and an emotional level. You already know that you will experience feelings associated with the change in the amount of time that you will be spending with your pet post-divorce. Your pet will also experience those feelings. When pets are given an opportunity to spend time with each of their “people”, they are much happier and much better able to adjust to the transition from one household into two.

Addressing the physical and emotional needs of pets and people in a divorce can be accomplished by creating a schedule of when the pet will spend time with each party, as well as an agreement regarding how food, veterinary care, and other expenses will be divided between the parties. If a divorcing couple has children, they will be making a schedule for parenting time, and it often makes sense to have the family pets travel between the parties’ homes right along with the kids.

Whether your Texas divorce is headed towards a mutually agreeable settlement or to the courtroom for litigation, it is important that you think carefully about what you would like to do about your pets. Taking the time to make a visitation schedule and divide the pet care responsibilities can go a long way towards ensuring that you and your pets enjoy a long and happy relationship both during and after your divorce. Texas Family Law Attorney Alex Tyra understands how important your pets are to you and will work hard on your behalf to ensure that your pets’ needs are addressed in your divorce. If you have a question about how to handle questions regarding pet ownership or any other aspect of your Texas divorce, please call Attorney Alex Tyra today, at (903) 753-7499.

Texas DUI Defense Attorney Talks about Subsequent DUI Offenses

February 2, 2015/in Texas DWI Defense/by LS_admin

Sometimes, one DUI charge or conviction is all it takes to deter people from driving while intoxicated. For other people, driving under the influence of alcohol can be a very tough habit to break. The consequences for a first DUI are harsh, and the consequences for subsequent DUI charges increase in severity. It is important that drivers understand what could happen if they are convicted of a second or third DUI.

If you are a minor, you probably lost your license for ninety days when you got your first DUI. If you are charged with a second DUI, you could face one hundred and twenty days of license suspension if you are convicted. If you get a third DUI, the license suspension increases to one hundred and eighty days.

Adult drivers who are convicted of a second DUI can be fined up to four thousand dollars and ordered to serve between one month and one year in jail. Additionally, you could lose your license for up to two years, and you will be required to pay a surcharge of up to two thousand dollars a year for three years in order to keep your driver’s license. You may also be required to attend a DUI intervention program or a DUI education program, and it is possible that you may be required to install an ignition interlock device in your vehicle.

The stakes are even higher for adult drivers who are facing a third DUI. If you are convicted of a third DUI, you can be fined up to ten thousand dollars and sentenced to two to ten years in jail. Third offenses also carry a two year license suspension and a two thousand dollar per year surcharge for three years to maintain a driver’s license. DUI education or intervention programs and/or an ignition interlock device may also be required.

Any DUI conviction results in consequences that have a far-reaching impact on both the life of the person who is convicted and on their family and friends. In addition to the fines and penalties described above, there are expenses associated with being arrested for DUI, attorneys’ fees, and the additional costs of obtaining transportation while you are without a driver’s license. There are also non-economic costs associated with criminal convictions, including DUIs, such as difficulty in finding employment and housing. Adding the economic and non-economic costs of a second, third, or other subsequent DUI to the stress of getting through day to day life after a first DUI conviction could make things really difficult. Whether you are facing your first DUI or charges for a subsequent offense, it is essential that you give yourself the best possible change at a successful defense by enlisting the aid of a Texas DUI defense attorney. To learn how Texas DUI Defense Attorney Alex Tyra can help you, call our office today, at (903) 753-7499. You may also reach us by submitting a convenient contact form on our website.

Texas Criminal Defense Attorney Explains the Crime of Money Laundering

January 28, 2015/in Criminal Defense/by LS_admin

The crime of money laundering is a serious offense, in Texas as in elsewhere. At its simplest, money laundering is a process by which criminals make money which was obtained illegally appear as though it was procured in a legitimate manner. No one wants to be caught holding onto “dirty” money, that is, money which was used in the commission of a crime or which was obtained through criminal means. While the idea of money laundering is simple, the ways in which the crime of money laundering is carried out can be rather complex.

Sometimes, money laundering schemes are conducted exclusively on American soil. In other situations, individuals and organizations use international banking as part of their plan to conceal the true origin of their funds. Money laundering begins when the cash that has been obtained illegally, through drug trafficking, theft, or some other corrupt means, is deposited into a bank. After the initial deposit, which is often referred to as placement, the money passes through a series of other transactions like bank transfers, wire transfers, and big-ticket purchases, which are collectively called the layering process, in order to make it difficult to trace where the money originally came from. After the money has gone through the layering process, it is then integrated into the mainstream economy through transactions such as the sale of any big-ticket items that were purchased during layering or “investments” in local businesses.

Money laundering is a serious offense, and if you are convicted you could face steep fines and jail time in addition to long-term consequences like difficulties in securing employment and housing that can result from having a conviction on your record. The crime of money laundering is described in § 34.02 of the Texas Statutes as knowingly acquiring, concealing, transporting, concealing, transferring, or maintaining an interest in any proceeds that were derived from criminal activity. It is important to understand that under Texas law, a person does not have to be aware of the type of criminal activity that produced the funds in question in order to be found guilty of money laundering. A person can also commit the offense of money laundering by facilitating, conducting, or supervising a transaction involving proceeds from criminal activity, or by spending, investing, or receiving such proceeds. Money laundering also prohibits individuals from investing or financing future crimes by making it illegal to invest or finance money which is intended to be used in the commission of a future crime.

Fortunately, there are defenses which may be available in certain situations where money laundering has been alleged. An experienced Texas Criminal Defense Attorney can assess your case and build a strong defense on your behalf based upon the unique circumstances of your situation. A skilled defense attorney can help you to increase your chances of having the best possible outcome in your case, whether by getting the charges dismissed or by mitigating some of the short or long term consequences that are associated with those charges. Attorney Alex Tyra knows how to present his clients’ cases to the court in a convincing way. To learn more, call (903) 753-7499 to set up an initial consultation or use the online contact form that is available on our website.

Texas Family Law Attorney Explains QDROs

January 18, 2015/in Texas Divorce Cases/by LS_admin

As you work your way through your Texas divorce, you may sometimes feel as though you are learning to speak in a different language. While this is not entirely true, it is easy to understand how many people may feel that way because the divorce process does have its own language of sorts. The language of divorce includes all of the general legal terms that are not often used outside of a legal context, legal words that are unique to the practice of divorce law and many other words from a diverse collection of topics including psychology and finance.

One of the words that you may hear during your Texas divorce is QDRO, which is often pronounced “qua-dro”, but is sometimes pronounced “q-dro” or “Q.D.R.O.”. Whichever way you say it, the term refers to a document called a Qualified Domestic Relations Order. The name of the document only goes so far in telling you want the document does, though. Because it is an Order, you can know that it is a document that is issued by the court. Since it is a Domestic Relations Order, that tells you that it is an Order related to a family law proceeding. Simply stated, a QDRO is an Order which is issued by the family court after a divorce proceeding for the purpose of dividing an employer-sponsored retirement account between spouses.

While the purpose of a QDRO is fairly simple, QDROs themselves can be complex. In order for a QDRO to fulfill its purpose, that is, to effectuate a division of all or part of an employee-sponsored retirement account between parties who have divorced, it must accomplish several things simultaneously. First, a QDRO must be appropriate for the type of retirement account that it seeks to divide. Retirement plans like 401ks and pensions have rules regarding QDROs, and if a QDRO is issued which does not comply with a plan’s rules, the plan administrator cannot make any distributions to any alternate payees, such as the non-employee former spouse. Also, a QDRO must comply with the divorce decree that has been issued by the court. For example, if the entire amount of money that was in one spouse’s 401k was determined by the court to be community property and the divorce decree specified that the 401k was to be split evenly between the divorced parties, the QDRO must also state that fifty percent of the 401k is to be attributed to the employee and fifty percent is to be attributed to their former spouse.

To make matters slightly more complicated, your QDRO may need to account for the fact that you or your spouse had been contributing to the retirement account before the marriage, in which case a portion of the account may not be community property. It is also possible that the division of the 401k may be something other than a fifty – fifty split because of the way that you and your soon to be former spouse choose to divide up all of your other assets. QDROS can address both of the above issues, as well as any others that are unique to your situation.

As with every other aspect of your divorce, the task of preparing your QDRO deserves the skill and attention of an experienced Texas Family Law Attorney. If you have a question about QDROs or any other aspect of your Texas divorce, please call Attorney Alex Tyra today, at (903) 753-7499.

Latest News

Texas DUI Defense Attorney Offers Advice for Drivers Facing Their First DUI

Texas Family Law Attorney Explains Collaborative Divorce

Texas Criminal Defense Attorney Explains Insurance Fraud

Texas Family Law Attorney Offers Tips for Divorcing Couples with Pets

Texas DUI Defense Attorney Talks about Subsequent DUI Offenses

Texas Criminal Defense Attorney Explains the Crime of Money Laundering

Texas Family Law Attorney Explains QDROs

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