News - Alex Tyra Law Office

Texas Criminal Defense Attorney Explains the Crime of Identity Theft

October 5, 2014/in Criminal Defense/by LS_admin

While the public is often made aware of the violent crimes that occur in their communities because homicides, armed robberies, and the like are often discussed on the television news and in the newspapers, there are many other crimes which can go unnoticed, even by the victims, for weeks or even months at a time. Identity theft is one such crime, and it has been committed with increasing frequency as electronic storage and transmission of all kinds of data have become more and more commonplace. In Texas, as in many other places, identity theft is a felony. If you have been accused of the crime of identity theft, it is essential that you educate yourself about the elements of the crime and the possible consequences of a conviction and that you consult with an experienced Texas Criminal Defense Attorney regarding your case.

Identity theft cases in Texas involve the possession or use of personal identifying information that is not your own with the intent to harm or defraud another person. There are many types of personal identifying information, including your social security number, name, employment information, telephone number, physical address, social media usernames and passwords, bank account numbers, PIN numbers, and email addresses and passwords.

Individuals who have been charged with identity theft in Texas have a few defenses which may be available to them based upon the circumstances of their cases. The first of these defenses is that they lacked the requisite intent. If you had another person’s identifying information in your possession but you did not intend to use it to harm or deceive anyone, you have not committed the crime of identity theft. Likewise, if you were accused of obtaining or possessing someone else’s identifying information when you had not in fact done so, you have not committed the crime of identity theft.

In Texas, identity theft is a felony. The penalties for identity theft are based upon the number of items that the defendant transferred, possessed, or obtained by using personal identifying information that was not their own. Defendants who are convicted of identity theft are likely to be incarcerated and required to pay a fine. Sentences for identity theft can range from one hundred and eighty days to ninety nine years, and fines can be as high as ten thousand dollars. Minors who are convicted of identity theft may receive less severe consequences than adults who are convicted of the same crime.

When someone is accused of identity theft, they need an experienced attorney in their corner to help them present your best case. As an identity theft defendant, you deserve to have someone on your side who has the knowledge and experience to build and present a successful case on your behalf. To learn more about how Texas Criminal Defense Attorney Alex Tyra can serve you, call (903) 753-7499 to set up a free, initial consultation. You may also contact us through our website, via the online contact form.

Texas Divorce Attorney Discusses the Advantages of Remaining Calm During Your Divorce

September 26, 2014/in Texas Divorce Cases/by LS_admin

It is well known that keeping a level head can be very helpful in navigating any sort of difficult or complicated situation. Since divorce can be both difficult and complicated, divorcing spouses who are able to remain calm throughout the divorce process are at an advantage compared to those who are unable to do so. People make better decisions when they are calm, and the divorce process involves making many decisions. If you are able to keep a clear head as you go through your divorce, you will be able to assess your options and make choices that will lead you to an outcome which works well for you. It is not always easy to be calm during divorce, but the following tips just might help you to make it happen.

Keeping information about your divorce to yourself is a powerful tool that you can use to stay calm during your divorce. While it is important that you discuss your thoughts and feelings about divorce with someone in order to avoid bottling those feelings up inside of you, it is essential that you choose wisely who you share those conversations with. A trusted family member, a therapist, or a very close friend that you have known for a long time can all be good choices, as you can trust that they will respect your wishes to keep the information that you discuss with them private. It is much easier to keep calm and carry on when you know that your divorce is not the talk of the town.

In addition to keeping information about your divorce between yourself and a select few others, it is essential that you disclose as little information as possible to your children. This is not to say that you should not talk about the changes that your family is going through, it is more of a reflection on which types of things the kids need to know, and which things they are better off knowing nothing about. For example, they need to know that they are unconditionally loved, accepted, and supported by both of their parents. They do not need to know that the two of you have fallen out of love, or that one parent cheated on the other or anything like that. Parents and children both benefit from the reduced level of acrimony and conflict that occurs when parents commit to keeping communication with their kids about their divorce respectful and appropriate.

While you are in charge of managing your emotions during your divorce, working with a Texas Family Law Attorney can make that task much easier by attending to the legal aspects of your divorce case. Your Texas Family Law Attorney can help you understand the options that are available to you, and they can help you to find all of the information that you need to make the choices that are right for you and for your family. If you have questions about a Texas divorce or family law case, please contact attorney Alex Tyra today, to schedule your free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.

Texas DUI Defense Attorney Explains SR-22 Insurance

September 10, 2014/in Texas DUI/by LS_admin

If your driver’s license has been suspended, you may wonder whether there is any way that you could be allowed to drive to work, so that you don’t lose your job, in addition to losing your license. Fortunately, Texas does issue something called an occupational or essential need license, which allows drivers whose licenses who have been suspended to operate a non-commercial motor vehicle for the purposes of work, school, and performing essential household duties. There are a few requirements which must be met before the Department of Public Safety will issue an occupational driver’s license. Many of the requirements are straightforward, but one requirement, the SR-22, often causes a great deal of concern and confusion.

If you are wondering what an SR-22 is, it is an endorsement that can be attached to an automobile insurance policy which creates an obligation for the insurer to continually monitor the status of that insurance policy, and to notify the Department of Public Safety if the policy’s status changes.

If you are required to obtain an SR-22, there are a few things that you should know in advance. One thing that you need to know is that not every insurer is willing to issue an SR-22. Before you contact your insurer to ask whether they will issue one for you, it is important that you understand the possible implications of doing so. If you ask your insurer to issue you an SR-22, they may initially refuse to do so, and they may even refuse repeatedly if you ask more than once. It is also possible that they might say that they will issue one, and then take a very long time to actually issue it. In some cases, the insurer takes such a long time to issue the SR-22 that the driver’s policy gets cancelled due to their license suspension before the SR-22 form is issued. What’s more, the driver who needs the SR-22 is not the only person who experiences consequences because of it. Insurance companies treat all of the drivers on an insurance policy as a group, so when one driver requests an SR-22, the entire family’s policy is labeled as “high risk”. This results in higher premiums for all family members, as well as the risk of nonrenewal.

Since attempting to obtain an SR-22 from your insurer could result in a long wait for the form to come through (and thus a lengthy wait for your occupational license), and the risk of nonrenewal or cancellation of the insurance policy which covers you and the other drivers in your family, you may wish to obtain an SR-22 from a source other than your insurer. If you choose to go this route, be aware that there is a right way to go about it and a wrong way, and that going about it the wrong way can result in unfavorable consequences. It is essential that you obtain a SR-22 on a non-owner’s or operator’s policy, and not on the owner’s policy for the vehicle that you drive. The reason for this is that if you were to obtain a SR-22 on an owner’s policy from a secondary source, that new policy would cancel your regular policy because duplicate coverage is not permitted under Texas law. Also, avoid purchasing your SR-22 through TAIPA, the “state pool”, because after you submit your application, it could take weeks, or even months, before you actually receive your SR-22.

An occupational driver’s license can help you to keep your job, take care of your home and family, or get to school. However, avoiding license suspension altogether is the best possible outcome for a driver who has been accused of driving under the influence. Your Texas DUI Defense Attorney can build an aggressive DUI defense which could keep you, and your driver’s license, in the clear. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

Texas DUI Defense Attorney Explains SR-22 Insurance

September 10, 2014/in Texas DUI/by LS_admin

If your driver’s license has been suspended, you may wonder whether there is any way that you could be allowed to drive to work, so that you don’t lose your job, in addition to losing your license. Fortunately, Texas does issue something called an occupational or essential need license, which allows drivers whose licenses who have been suspended to operate a non-commercial motor vehicle for the purposes of work, school, and performing essential household duties. There are a few requirements which must be met before the Department of Public Safety will issue an occupational driver’s license. Many of the requirements are straightforward, but one requirement, the SR-22, often causes a great deal of concern and confusion.

If you are wondering what an SR-22 is, it is an endorsement that can be attached to an automobile insurance policy which creates an obligation for the insurer to continually monitor the status of that insurance policy, and to notify the Department of Public Safety if the policy’s status changes.

If you are required to obtain an SR-22, there are a few things that you should know in advance. One thing that you need to know is that not every insurer is willing to issue an SR-22. Before you contact your insurer to ask whether they will issue one for you, it is important that you understand the possible implications of doing so. If you ask your insurer to issue you an SR-22, they may initially refuse to do so, and they may even refuse repeatedly if you ask more than once. It is also possible that they might say that they will issue one, and then take a very long time to actually issue it. In some cases, the insurer takes such a long time to issue the SR-22 that the driver’s policy gets cancelled due to their license suspension before the SR-22 form is issued. What’s more, the driver who needs the SR-22 is not the only person who experiences consequences because of it. Insurance companies treat all of the drivers on an insurance policy as a group, so when one driver requests an SR-22, the entire family’s policy is labeled as “high risk”. This results in higher premiums for all family members, as well as the risk of nonrenewal.

Since attempting to obtain an SR-22 from your insurer could result in a long wait for the form to come through (and thus a lengthy wait for your occupational license), and the risk of nonrenewal or cancellation of the insurance policy which covers you and the other drivers in your family, you may wish to obtain an SR-22 from a source other than your insurer. If you choose to go this route, be aware that there is a right way to go about it and a wrong way, and that going about it the wrong way can result in unfavorable consequences. It is essential that you obtain a SR-22 on a non-owner’s or operator’s policy, and not on the owner’s policy for the vehicle that you drive. The reason for this is that if you were to obtain a SR-22 on an owner’s policy from a secondary source, that new policy would cancel your regular policy because duplicate coverage is not permitted under Texas law. Also, avoid purchasing your SR-22 through TAIPA, the “state pool”, because after you submit your application, it could take weeks, or even months, before you actually receive your SR-22.

An occupational driver’s license can help you to keep your job, take care of your home and family, or get to school. However, avoiding license suspension altogether is the best possible outcome for a driver who has been accused of driving under the influence. Your Texas DUI Defense Attorney can build an aggressive DUI defense which could keep you, and your driver’s license, in the clear. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

Texas Criminal Defense Attorney Discusses Possible Legislative Reforms

September 4, 2014/in Criminal Defense/by LS_admin

The next Legislative Session won’t start until January of next year, but there are a couple of issues which are likely to be debated during that Session which may be of interest to young Texans. The first of these issues is a possible reform of anti-truancy laws, and the other is the possible reform of the rules for sealing and expunction of certain criminal offenses.

In Texas, the failure to attend school is currently a Class C misdemeanor. Most states do not consider truancy a crime, in fact, Texas is one of only two states which treat it as such. Other states handle the issue of failing to attend school through civil proceedings. If it is determined that handling truancy as a civil offense rather than a criminal offense is feasible, the rules may change to that effect.

Changing truancy from a criminal offense to a civil offense is likely to have positive consequences, for both the offenders and for the state. Incarcerating young people who fail to attend school does not help them to become educated. It can limit their present and future educational opportunities, and it goes a long way towards discouraging those who are already facing social and economic barriers to success. Civil penalties could be designed to discourage truancy, while at the same time accomplishing the purpose of encouraging youth to continue pursuing some form of education.

Possible changes to the rules for sealing and expunction of low-level criminal offenses may also have positive implications for young Texans. It is not uncommon for young people to make a couple of mistakes as they navigate the teen years and grow towards adulthood. Unfortunately, some of the mistakes that some young people make are considered criminal offenses, albeit often minor, non-violent ones. The consequences of these mistakes are far-reaching, and they can affect an offender’s job prospects, housing, educational opportunities, and other areas of their life for many years after they have occurred. Fortunately, the Legislature is considering changing the rules so that certain offenses can be sealed and expunged after a certain period of time, in order to decrease the length of time that the offenders will suffer from the consequences of their convictions.

While some of the issues that are up for debate in next January’s Legislative Session could make life a bit easier for young Texans, being accused of any crime is still a very serious matter. If you have been accused of a crime, it is essential that you get help from an experienced East Texas Criminal Defense Attorney. Criminal charges can have far-reaching impacts on your life, and you need an experienced criminal defense attorney in your corner to help you present your very best case. An East Texas Criminal Defense Attorney can help you pursue the best possible outcome in your stalking case. To learn more, call attorney Alex Tyra today, to schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

East Texas Family Law Attorney Reports: Accurate Appraisals are Important for Divorcing Couples

August 31, 2014/in Texas Divorce Cases/by LS_admin

Sometimes, a divorcing couple may not have much in the way of marital property to divide. If a couple owns a home, it is likely to be the biggest and most valuable asset at stake in the divorce. Marital homes are more than just an asset with high monetary worth, homes are emotionally important to many people because of the role that they play in family life. Whether the home that you and your spouse must divide up has been in one of your families for generations, or it is a newer home in which the two of you don’t yet have much equity, the question of what to do with the marital home and when is likely to be a very important issue in your divorce.

Fortunately, there is a great deal of flexibility with which couples can decide the fate of their marital home. There are many more options than fighting over which party should be able to keep the house by buying out the other party. Couples can decide upon any type of distribution of a marital home which would fit into an equitable distribution of all of the marital property. In order for a couple to be able to create an equitable distribution of their assets, they must have accurate statements of the worth of all of those assets, including the marital home. An appraiser can help you to obtain an accurate statement of value for your home so that you can have accurate numbers to work with as you decide the fate of the home and all of your other property.

Appraisers also provide services beyond estimating your home’s fair market value. As part of an appraisal, appraisers research all of the legal issues associated with the subject property. They check the chain of title, they look for liens, and they determine whether there are any other potential legalities associated with the home. They examine your home and then they look around your neighborhood for comparable properties that have been sold recently. When an appraiser has collected all of the information that they need, they will write a detailed report on the estimated value of your home.

If you are involved in a divorce and you will be divvying up your marital home, it is advisable that you and your soon to be former spouse each get your own appraisal done, because your interests are adverse to each other. If you cannot possibly get two appraisals, choose the appraiser together and make sure that both of you are at home when the appraisal happens.

The distribution of marital property is an important element of any Texas divorce. Your East Texas Family Law Attorney can help you to understand what your options are regarding the disposition of your marital home, and help you to pursue a property distribution that will meet your current and future financial needs. If you have questions about the effect of divorce on your finances, or any other issues related to your divorce or family law case, please contact attorney Alex Tyra today, to schedule your free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.

Texas DUI Defense Attorney Discusses Boating While Intoxicated

August 23, 2014/in Criminal Defense/by LS_admin

Did you know that in Texas, it is against the law to operate a boat while you are intoxicated? Texas law recognizes an offense called “boating while intoxicated”, or BWI, and it is different from the more familiar offense of “driving while intoxicated”, or DWI. Since law enforcement officers do patrol bodies of water, it is important that boaters educate themselves about the rules regarding alcohol and boating, so that they can be aware of their rights while they are out on the water.

People who operate boats while they are under the influence of alcohol are treated similarly to drivers who operate motor vehicles while they are under the influence of alcohol. For example, if your boat is stopped and the officer develops a suspicion that you have been operating your boat while intoxicated, they are likely to bring you to shore, where they will ask you to perform field sobriety tests and breath tests, just like an officer would do during a DWI traffic stop. If you are brought to shore for examination, ask the officers to give you some time to get acclimated to walking on dry land before they administer the field sobriety tests, because being on a boat can throw off your balance on land for a period of time after you disembark. The penalties for boating while intoxicated are the same as those for drivers who are arrested for DWI, including criminal charges, fines, suspension of your driver’s license, and jail time. If you are charged with BWI, be aware that the same rules regarding license suspension apply as in DWI cases, which means that you only have fifteen days from the date you are served with a notice of license suspension to request a hearing to contest the suspension.

There is one very important difference between DWI and BWI that boaters should be aware of. That difference is that while an officer must have probable cause to stop your vehicle when you are driving, no probable cause is required for a law enforcement officer, such as a Texas Parks and Wildlife Official to stop a boat. Not only can officers and Parks and Wildlife Officials stop your boat without probable cause, they may also come on board without probable cause.

Charges of boating while intoxicated are serious, and could have far-reaching impacts on your life if you are convicted. You could lose your driving privileges, your job (if you cannot get to work or perform job duties because you lost your license), and even your freedom, depending upon the penalties that you receive. Fortunately, there are many ways in which Texas DUI Defense Attorneys can challenge charges of boating while intoxicated. A skilled Texas DUI Defense Attorney can build an aggressive BWI defense based upon their knowledge of the law, science, and the facts of your case. If you have been accused of boating under the influence of alcohol, you need the assistance of a knowledgeable and experienced Texas DUI Defense Attorney. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

Latest News

Texas Criminal Defense Attorney Explains the Crime of Identity Theft

Texas Divorce Attorney Discusses the Advantages of Remaining Calm During Your Divorce

Texas DUI Defense Attorney Explains SR-22 Insurance

Texas DUI Defense Attorney Explains SR-22 Insurance

Texas Criminal Defense Attorney Discusses Possible Legislative Reforms

East Texas Family Law Attorney Reports: Accurate Appraisals are Important for Divorcing Couples

Texas DUI Defense Attorney Discusses Boating While Intoxicated

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