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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.
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.
When you have a DUI on your record, you may be facing an uphill battle when it comes to pursuing a career or even just finding a job that will help you put food on the table and a roof over your head. Fortunately, one lawmaker from Dallas, Representative Eric Johnson, is trying to make obtaining certain jobs and professional licenses a little less difficult for individuals who have convictions for DUI or other offenses on their records.
Johnson has proposed legislation that would not completely remove inquiries about an individual’s criminal background from the state’s hiring processes, but would have that inquiry take place later on in the hiring process instead of on the initial job application. Johnson and others who support the proposed legislation feel that leaving the issue of an individual’s criminal background alone until later on in the hiring process enables prospective employers to place whatever answers job applicants provide to those inquiries in context with the other things that they have come to know about the applicant through the beginning stages of the hiring process. This would give job applicants with criminal backgrounds a better chance at obtaining employment, especially in situations where the offenses took place some time ago or are unrelated to the type of employment that they are pursuing.
State boards are responsible for granting many different kinds of professional licenses. Unfortunately, people with DUIs or other offenses that are not related to the licenses that they are seeking are often denied those licenses after they apply for them. Johnson feels that in situations where a state board denies an applicant a license, they must clearly disclose their reasons for refusing the license and also allow the applicant to make a case for themselves by testifying on their own behalf.
While the proposed legislation would only affect state jobs and the granting of professional licenses by state boards, people with a criminal history can take some comfort in the fact that many private-sector employers are removing questions regarding criminal history from their job applications, saving such inquiries for later on in the hiring process where they can consider that information in context with their impression of the person from their interview as well as their other credentials. The list of employers who are “banning the box” on their applications continues to grow, opening more and more doors to those with convictions on their records.
A DUI conviction can make it harder for you to get a job, among other things. If you have been charged with driving under the influence of alcohol, you deserve the very best defense against those charges and the negative impacts that a conviction could have on your future. 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.
At the present time, women make up approximately one quarter of all DUI arrests. While this means that significantly fewer women are being arrested for driving under the influence of alcohol than men, it also means that the number of women who are being arrested for DUI in recent years is much higher than it was twenty years ago. Specifically, during the 1980s, only about nine percent of all DUI defendants were women.
The increase in the proportion of women who are being arrested for driving under the influence of alcohol is not often publicized, as well as the idea that women’s drunk driving cases may actually be different than those of their male counterparts. Nonetheless, there are differences between men and women’s DUI cases, and these differences may have a significant impact on the outcomes of the cases of female DUI defendants who acknowledge them.
Scientific evidence is important in DUI cases. The manner in which alcohol affects a person’s body is dictated, at least in part, by their metabolism. Men and women metabolize things differently, so a man and a woman with the same body weight could drink the same amount of alcohol and end up with different blood alcohol levels. The woman’s blood alcohol level would be higher than the man’s after drinking the exact same amount of alcohol over the same period of time because she metabolizes alcohol more slowly than he does. Also, women experience fluctuations in hormone levels throughout the course of their menstrual cycles. These changes affect metabolism, and, can therefore affect blood alcohol levels. The differences in how men and women metabolize alcohol are important because breath testing devices are calibrated to produce an accurate reading for the average male driver. This difference in calibration can cause breath testing devices to produce readings that are not only inaccurate for female drivers, but which overestimate the amount of alcohol in their bodies.
The differences between men and women carry over into other areas of DUI arrests, too. Field sobriety tests are designed to measure the physical performance of men. Women who engage in these tests are more likely than men to perform them poorly, even when they are sober. The experience of a traffic stop is stressful, and under that stress, many women act on the mistaken belief that compliance will prove their innocence or reduce the consequences. They may comply with every request that is made of them and answer every question that the officer asks without realizing that they have a right to answer very few questions and even to refuse the field sobriety tests without a penalty. In other words, a woman’s willingness to answer every question and comply with every request does not decrease her chance of being arrested. It actually increases the chance that she will be arrested because she has given the police more information that they could use to support their arrest.
Men and women deserve equal treatment under the law. Unfortunately, there are differences between men and women which make getting equal treatment difficult in DUI cases. To learn more, contact Texas DUI Defense Attorney Alex Tyra today. Schedule your consultation now, by calling (903) 753-7499, or use the convenient contact form on our website.
If you own a weapon (or several weapons, for that matter), you may find yourself in a position where you are charged with one or more state or federal weapons offenses. Weapons offenses often carry severe punishments, like steep fines and lengthy periods of incarceration. Also, a conviction can have effects on other areas of your life, including the ability to get a job, secure housing, and your right to possess firearms. Fortunately, an experienced Texas Criminal Defense Attorney could help you to get the weapons charges against you dismissed or, in the event that a dismissal is not possible, could help you to reduce or eliminate the consequences associated with your weapons charges.
The circumstances of each weapons case are unique, but your knowledgeable Texas Criminal Defense Attorney knows how to assess each case and determine which types of defenses are likely to be the most successful under each different set of circumstances. For example, a search and seizure defense may be available to you if the facts of your case suggest a lack of probable cause. Possession defenses are also available in some cases where law enforcement is unable to provide evidence that a particular weapon was in your care. In weapons cases, there are often multiple possibilities for defenses that are based upon things that the government either did incorrectly or did not do. This is just one of the reasons that no defendant who has been charged with a state or Federal weapons offense should ever try to defend themselves against the charges without the aid of a seasoned Texas Criminal Defense Attorney.
Weapons offenses are an interesting category of crimes because both state and Federal laws apply. Your Texas Criminal Defense Attorney understands both state and federal laws, as well as the rights which are guaranteed to all United States citizens under the Second Amendment.
Whether your weapons charges are state or federal, and whether they are related to felony possession of a firearm, violation of concealed handgun laws, possession of a stolen or unregistered weapon, or some other form of weapon-related offense, retaining a Texas Criminal Defense Attorney early on in your case can greatly improve your chances of mounting a successful defense against the charges. Since weapons violations are often connected with other criminal charges like drug charges and motor vehicle violations, it is essential that you select an attorney who is skilled at defending against any other state and federal charges that you may be facing as well.
If you have accused of or charged with one or more weapons offenses, be sure to seek assistance from a Texas Criminal Defense Attorney right away. The penalties for state and Federal weapons offenses are harsh, and your rights are at stake. To learn more about how attorney Alex Tyra can help you to preserve your rights and your freedom, call (903) 753-7499 to set up a free, initial consultation. You may also contact us through our website via the online contact form.
Divorcing couples have the freedom to choose how they will care for their children as they part ways and move from one household into two. Many couples are foregoing sole custody by one parent and visitation by the other in favor of co-parenting, which divides parenting time more or less right down the middle. Parents who have chosen to co-parent their children acknowledge that it isn’t without its challenges, but that it is so very worth it. If you decide to co-parent, the following things can be useful as you begin your co-parenting journey.
At the heart of every successful co-parenting relationship is a carefully planned parenting schedule. Work, school, and extracurricular activity schedules play a large role in what a parenting schedule looks like, but there is more to it than that. Including daily routines that provide structure and continuity for the children can help them to maintain a sense of security and predictability. Reviewing a parenting schedule carefully before agreeing to it is an absolute necessity, and keeping the temperaments of everyone in the family in mind as you review a proposed parenting agreement can help you to spot areas which could prove troublesome later on if they are not reworked prior to implementing the schedule.
Parents who share parenting responsibilities successfully work to keep the lines of communication open between them. Effective communication is a skill which can be learned and improved upon over time, but it is also one of those things where the very fact that you are making an effort often brings noticeable results. One way to set the stage for productive communication with your children’s other parent is to set up ground rules for communication ahead of time and then abide by them.
Another key ingredient for a successful co-parenting experience is avoiding the temptation to say negative things about the other parent. The damage that such negative messages can cause has been well documented. Children tend to perceive criticisms that they hear about people that they love as negative messages about themselves. While it may be difficult to avoid negative thoughts about your child’s other parent, there are ways to address those thoughts without letting them out where the kids could hear them.
Parents who choose co-parenting are often highly invested in helping their children adjust to the new look and feel of family life. When these parents invite children to share their feelings with them and the listen closely as their children talk about how they feel, children feel heard, understood, and able to count on their parents to be sensitive to their feelings.
Co-parenting is one way in which Texas couples can choose to divide up parenting time and responsibilities. Your Texas Family Law Attorney will help you to work with the other parent and his or her attorney to develop a parenting plan that works for everyone. To learn more about co-parenting or other topics related to divorce, call Attorney Alex Tyra today, at (903) 753-7499 or fill out a contact form on our website.
Now that you have been charged with driving under the influence of alcohol, you may be wondering whether you should seek the assistance of a Texas DUI Defense Attorney. Every DUI charge can have serious consequences, and a Texas DUI Defense Attorney can give you the best chance at a positive outcome under the unique circumstances of your case. If you are on the fence about contacting a Texas DUI Defense Attorney, consider the following ways in which your Texas DUI Defense Attorney can assist you during your DUI case.
Being charged with a DUI involves more paperwork than you might expect. If you are unrepresented by counsel, you are on your own as far as understanding the paperwork, completing it, and filing it with the court in accordance with the applicable deadlines. Errors in understanding the paperwork or in filling it out and returning it in a timely manner could harm your case.
A DUI case passes through a series of stages from beginning to end. Participating in a DUI case as a defendant can be confusing and frustrating if you do not know what to expect at each stage of the process. Fortunately, when you work with a Texas DUI Defense Attorney, your attorney can help you to understand the sequence of events that is likely to occur in your case, so that you can be prepared for the experience.
The crime of driving under the influence of alcohol involves multiple elements, each of which must be proven before you can be convicted. Your Texas DUI Defense Attorney knows the elements of DUI inside and out, and they can identify areas in which the state may not be able to meet its burden of proof in their case against you. An experienced DUI attorney has more than likely represented many clients in situations that are similar to yours, and that experience helps them to build a solid case on your behalf.
As a DUI defendant, you may have options available to you which could possibly help you to avoid conviction, and the devastating consequences that come along with it. Your attorney can explain things like diversion, plea bargaining, or dismissal if they are available in your case. Your attorney can also help you to decide whether any of the options that are available to you are a good choice for you, given your priorities and the possible consequences of each potential course of action.
A DUI conviction could have a devastating impact on many different areas of your life. With so many things at stake, it is absolutely essential that you give yourself the best shot at successfully reducing or eliminating the impact of your DUI charges on your life. To learn more, contact Texas DUI Defense Attorney Alex Tyra today at (903) 753-7499 today to arrange an initial consultation. If you prefer to contact our office online, please visit our website and fill out the online contact form.