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Understanding Your Right to Have a Translator Present at Your Criminal Trial

July 23, 2014/in Criminal Defense/by LS_admin

Last month Texas Court of Criminal Appeals Judge Elsa Alcala issued a dissenting opinion which accused the majority of failing to protect the constitutional right of a Hispanic defendant to have a translator present at his criminal trial. In her dissent, Judge Alcala, who was joined by Judge Cathy Cochran and Judge Cheryl Johnson says that the majority opinion does not even address the sole question that had been presented to the Appeals Court for its consideration, namely, the issue of whether the defendant made a knowing, voluntary, and intelligent waiver of his right to have a translator or interpreter present at his criminal trial.

Under the United States Constitution, criminal defendants are guaranteed the rights of equal protection, due process, and confrontation. When a criminal defendant does not speak English, those rights are protected by having a translator present during the defendant’s criminal trial. The presence of a translator ensures that the defendant can hear the information which is being presented at trial in his or her native language and understand the nature of the proceedings which they are involved in. If a defendant does not wish to be provided with the services of a translator, they must knowingly, voluntarily, and intelligently waive their right to have a translator or interpreter present.

In the case before the Appeals Court, the defendant, Irving Magana Garcia, had been convicted of murder by the Hidalgo County Court. Garcia appealed that decision to the Texas Court of Criminal Appeals, but he lost the case on appeal. Garcia asked the Texas Court of Criminal Appeals to reconsider its decision, but again, he was denied.

When the case was originally tried, Garcia’s lawyer declined the services of an interpreter. However, the attorney’s statement declining the services of an interpreter was not a part of the trial court record; because the court reporter was not taking notes at the time that the attorney informed the judge that his client was waiving the right to a translator.

In their motion for rehearing, Garcia’s lawyers argued that no one, not even Garcia’s attorney during his criminal case, had informed Garcia that he had state and federal constitutional rights which would have to be knowingly, voluntarily, and intelligently waived in order for an interpreter to be absent from the trial proceedings. They also argued that if there had been any waiver by Garcia, it had not been voluntary, knowing, and intelligent, but that it had more likely than not been coerced by his attorney, who felt that a translator would distract him while he was presenting Garcia’s defense. Interestingly enough, although they ruled against Garcia, the majority opinion did recognize that Garcia had not waived his rights on the record, and also that judges have an independent duty to ensure that criminal cases are interpreted for defendants absent their knowing, intelligent, and voluntary waiver.

If you have been accused of a crime and you do not speak English, you have a right to have a translator present during your criminal trial. Your translator can help you to understand the criminal proceedings, as you will be able to hear them in your native language. While a translator can help you to understand the court proceedings, they cannot present your defense to the court for you. At Texas Criminal Defense Lawyer can help you to present your very best defense against the crime or crimes which you have been accused of committing. 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.

Texas Family Law Attorney Explains Dividing Debts During Divorce

July 11, 2014/in Texas Divorce Cases/by LS_admin

While you may be thinking about the property settlement in your divorce in terms of which items and assets you would like to walk away from the marriage with, there is another side to the property settlement which deserves equal consideration. The debts that you and your spouse incurred during your marriage must also be divvied up, and the division of debts in a divorce is a matter which must be taken seriously because it can have an impact on your financial future.

Texas is a community property state, which means that anything which is acquired during a marriage belongs to both spouses equally. This principle applies to both assets and debts, and while both your assets and debts will be divided as part of your divorce, your property settlement is an agreement between you and your spouse. Unfortunately, that agreement between the two of you has no bearing on the interests of your creditors. Your property settlement will specify which of you is responsible for paying each debt, but it does not prevent creditors from pursuing payment from the other party, if the party who has been assigned responsibility for paying the debt dies or fails to make the payments.

There are a few strategies that divorcing parties can take regarding their debts, and how they will divide them in their divorce. One strategy is to pay off as many debts as they can before they divorce, so that there are fewer debts to divide in the property settlement. This strategy works well for couples who, while incompatible as a whole, are able to see eye to eye on financial matters or, at the very least, agree that it paying off debts instead of dividing them is a fair way to give both of them a lighter burden as they move forward into their new lives.

Of course, not all debts can be easily dispensed with before a divorce becomes final. Some big debts, like mortgages, must be dealt with, as well as some smaller debts, in cases where the parties do not want to pay them off prior to divorce or cannot afford to do so. In these cases, the party who is not responsible for paying a specific debt under the property settlement could contact the creditor to inquire about possible options for limiting or eliminating their liability for that debt. One option for removing one spouse’s name from a debt is a novation. With a novation, the spouse who will be keeping the debt submits application materials to the creditor to see whether they would qualify for the debt on their own. As you might imagine, novations are often hard to get because it is hard to qualify for mortgages and other loans with one income. Depending upon your financial situation, you and your spouse may have other options available to you regarding the debts that you currently hold.

The division of debts is an important element of the property distribution in any Texas divorce. Your Texas Family Law Attorney can help you to understand what your options are regarding the division of your debts, 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.

Why Every Driver Should Play the Strong Silent Type During a Texas Traffic Stop

June 17, 2014/in Texas DWI Defense/by LS_admin

A traffic stop usually begins innocently enough, with a polite request for your license and registration. As you hand over the required items, though, you are likely to wonder what other questions you will be asked during this particular stop. You should also be thinking about whether or not you will answer any additional questions, and which questions you will answer.

Law enforcement officers of all types, from the local sheriffs to state troopers, and even Border Patrol have a habit of asking drivers more questions than drivers are required by law to answer. This problem is particularly pronounced in areas near the Mexican border, where excessive questioning is often paired with an aggressive attitude. As you can imagine, this is rather unsettling for drivers, and it can get you into trouble if you do not understand your rights, or if you are afraid to assert them.

In Texas, drivers are required to present three things to a law enforcement officer during a traffic stop. These things are their driver’s license, insurance card, and vehicle registration. Even less is required of passengers, who are not required to provide anything, unless they are being detained for a traffic violation.

Unfortunately, there are no rules regarding what kinds of questions law enforcement officers can ask you. Fortunately, you are not legally obligated to answer every question that you are asked. In fact, you do not have to answer any questions, aside from providing the three items which you are legally required to provide. Border Patrol checkpoints are a little different, because officers have a right to determine immigration status. However, this does not mean that you have to answer any questions in order for them to be able to do that.

Of course, knowing what you are legally required to do and what you have a right to choose to decline to do in response to an officer’s questioning is one thing. Asserting your right to refuse to answer additional questions in a calm and confident manner is another thing entirely. Law enforcement officers are aware that many drivers do not know that they are only legally required to provide three things during a traffic stop. They also know that many drivers and passengers are easily intimidated by authority figures, such as themselves. Therefore, they ask whatever questions they please and expect that drivers and passengers will answer them without so much as a second thought.

Since drivers cannot count on law enforcement to stick to the basics during traffic stops, it is up to drivers to educate themselves about the “rules of the road” regarding questioning during traffic stops, and to plan ahead what they might say in response to an officer’s questions. It’s best to keep it simple, and to speak as calmly and confidently as you can. One of the best phrases to use is “Am I free to go now?” which you can say after your license, registration, and insurance cards have been returned to you.

Traffic stops can be unnerving, because you never know what the officer’s attitude will be like or what questions they will ask you. Knowing your rights and standing up for them could help you to avoid disclosing information that could be used against you later on. If you have been accused of driving under the influence of alcohol, you need the assistance of a knowledgeable 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.

What is the Michael Morton Act?

June 13, 2014/in Criminal Defense/by LS_admin

The case of Michael Morton brings to mind something which no criminal defendant wants to think of – the fact that innocent people are sometimes put behind bars for years, crimes that they did not commit. In Morton’s case, when the prosecutor failed to present all potentially exculpatory evidence at Michael’s trial for the brutal murder of his wife, the jury concluded that he, the lone suspect, was the person who had killed her.

In 2011, a group of attorneys who were reviewing Morton’s case on a pro-bono basis discovered that not all of the available evidence had been presented at his trial. Eyewitness descriptions of the killer, the killer’s vehicle, and the attack, as well as a blood-stained bandanna found near the murder scene had somehow failed to make it into the courtroom. The bandanna was submitted for DNA testing, and it was found to contain the blood of the victim, as well as the blood of the person who killed her. Mark Norwood, a convicted felon, was identified as the murderer based upon DNA evidence, and Michael Morton was released from prison after having served twenty five years.

Earlier this year, the Michael Morton Act was signed into law in Texas. The Act requires prosecutors to turn over evidence to defense attorneys in criminal cases upon the attorneys’ requests, without requiring the defense attorneys to first obtain a court order. Both prosecutors and defense attorneys have stated that the passage of the Act has raised awareness of the importance of having access to evidence. Prosecutors have expressed concerns that the Michael Morton Act is increasing the cost of prosecuting criminal cases. It costs money to prepare evidence, and the more evidence there is which must be provided to other parties, the more money the state will need to spend in order to meet its obligation to do so. The increased cost of preparing and exchanging evidence is real, but it does not overcome the interest of the criminally accused in having access to all evidence which could support their defense.

Access to exculpatory evidence is something which has been the rule in courts across America for a long time. Brady v. Maryland, a 1963 case decided by the United States Supreme Court, set the precedent that prosecutors must produce information that is exculpatory in nature. Exculpatory evidence is evidence which points to the innocence of a defendant. States have varied in how they interpreted Brady, and that is why the Michael Morton Act is so important. Prior to the passage of the Act, prosecutors were in charge of deciding which evidence was exculpatory and which was not. The result is that prosecutors in at least seventeen cases in which convictions have been overturned, prosecutors failed to turn exculpatory evidence over to defense attorneys.

If you have been accused of a crime, an East Texas Criminal Defense Attorney can help you to present your very best defense against the crime or crimes which you have been accused of committing. The consequences of a conviction could be far-reaching, and could affect many areas of your life for years to come, so it is important to have a strong advocate in your corner of the courtroom. 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.

How to Maintain Financial Stability Throughout Your Texas Divorce

June 4, 2014/in Texas Divorce Cases/by LS_admin

There are many things that change for a couple as they move from being married to being divorced. During the divorce process, they will navigate changes in residence and family time, and, of course, drastic changes in their financial situations. Many people do have trouble with their finances before, during, and after divorce. Fortunately, there are things that you can do, even if you begin your divorce on shaky financial footing, to maintain financial stability throughout the divorce process and set yourself up for post-divorce financial success.

Dealing with debts is an unpleasant but extremely important aspect of divorce. One way that you can reduce the likelihood that debt will continue to be a problem for you after your marriage ends is to avoid incurring any new debt, if at all possible. Also, if you can, pay off some of your debts. Although it may seem tempting to put a hold on paying off debts until you (or the court, if you do not reach an agreement) decide which of you will be responsible for each of your marital debts, those debts pose a threat to your financial stability until they are paid off. If your spouse accepts responsibility for a debt as part of your property settlement, or if the court decides that they should pay that debt as part of the property settlement and they fail to pay it, the creditor can still try to collect payment from you. Getting rid of as much debt as possible reduces the chance that this will happen.

Navigating a change in financial resources is challenging, to say the least. Add to that the expense of transitioning from one household into two, and it becomes even more daunting. As you set up your independent living arrangements, challenge yourself to find as many ways to save money as you can. For example, if you need to rent a place to live, don’t jump on the first place that you see. Make a list of the features that you need, as well as the size and location that you desire, and shop around. The same goes for services like cell phone, internet, and utilities. You are starting fresh, so be sure that you select only the products and services that fit your needs as you move forwards into your new life.

If your spouse proposes a property settlement to you, go over it carefully with your attorney before you decide whether or not to agree to it. Make sure that you fully understand both the present and future effects that accepting the settlement offer would have on your finances, including any tax savings or liabilities that would be associated with dividing the property as proposed. If a settlement will meet your needs, accepting it may be a good way to avoid the expense of costly divorce litigation that could result in you receiving a property settlement that does not meet your needs.

Set yourself up for post-divorce financial success by opening a separate bank account for yourself and establishing credit in your name. After your divorce has become final, carefully check each of your insurance policies to make sure that they list the proper beneficiaries. Get rid of any policies on cars, real estate, or other things that no longer belong to you. Also, make sure that all joint credit cards are cancelled and all joint bank accounts are closed, and the proceeds are distributed according to your property settlement.

While you take steps to ensure a solid financial future for yourself, your Texas Family Law Attorney can help you pursue a property distribution that will meet your current and future 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.

Your Guide to Texas ALR Hearings

May 30, 2014/in Texas DWI Defense/by LS_admin

As if mounting a defense to the criminal charges in your Texas DWI case was not enough, there is something that you must do very shortly after your DWI arrest which could have a major impact on your life if you do not attend to it promptly. You have just fifteen days from the date of your DWI arrest to preserve your chance at saving your driver’s license by requesting an ALR hearing.

An Administrative Law Review hearing, or ALR hearing as it is commonly called, is a civil proceeding which is brought against a driver who either refused a blood or breath test after they were arrested under suspicion of DWI, or a driver who has taken a blood or breath test and has failed it. Texas state law contains a provision which says that drivers who operate their vehicles on public roadways within the state give their implied consent to submit to breath or blood testing upon being arrested for DWI and being advised of the consequences of refusing to participate in testing.

The consequence, of course, is the possibility of suspension of your driver’s license. Sometimes, the way in which law enforcement officers describe the license suspension process can make it difficult to understand when and how a license suspension would take effect. For example, it is common for officers to tell a person whom they have arrested that their driver’s license will be automatically suspended, effective immediately upon their refusal to participate in blood or breath testing. This is not an accurate description of the process by which drivers’ licenses are suspended following a refusal to submit to testing.

While it is true that the arresting officer must take your license into his or her possession, you should also be given a temporary driver’s permit, which is only valid for forty days. After forty days has passed, your license will be suspended automatically unless you requested an ALR hearing within fifteen days of your arrest. Requesting a hearing enables you to contest the proposed suspension of your driver’s license and delays the imposition of any ALR sanctions until the hearing takes place. Instructions for requesting a hearing may be found at the bottom of your Notice of Suspension.

At your ALR hearing, the Department of Public Safety (DPS) will attempt to prove that your license should be suspended for one of two reasons. The first reason that your license could be suspended is if you took a breath or blood test which resulted in a reading of .08 or greater. Suspension for the reason of refusing to submit to testing requires that the DPS provide proof of four different elements, including reasonable suspicion for the vehicle stop or probable cause for the arrest, probable cause that the driver was in control of a vehicle on a public place while intoxicated, opportunity for the driver to voluntarily participate in testing and provision of both oral and written notice of the consequences of refusal, and refusal to participate in testing following a request by the officer to do so. If the DPS fails to prove their case by a preponderance of the evidence, then a license suspension may not be issued, and your license must be returned to you.

Requesting an ALR hearing is a step in the right direction, a chance at protecting your right to drive. With something so important at stake, it is a good idea not to go it alone. Texas DUI Defense Attorneys are well versed in the ALR process, and an experienced attorney can help you to present your best case against the proposed license suspension. 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.

Your Guide to Texas ALR Hearings

May 30, 2014/in Texas DWI Defense/by LS_admin

As if mounting a defense to the criminal charges in your Texas DWI case was not enough, there is something that you must do very shortly after your DWI arrest which could have a major impact on your life if you do not attend to it promptly. You have just fifteen days from the date of your DWI arrest to preserve your chance at saving your driver’s license by requesting an ALR hearing.

An Administrative Law Review hearing, or ALR hearing as it is commonly called, is a civil proceeding which is brought against a driver who either refused a blood or breath test after they were arrested under suspicion of DWI, or a driver who has taken a blood or breath test and has failed it. Texas state law contains a provision which says that drivers who operate their vehicles on public roadways within the state give their implied consent to submit to breath or blood testing upon being arrested for DWI and being advised of the consequences of refusing to participate in testing.

The consequence, of course, is the possibility of suspension of your driver’s license. Sometimes, the way in which law enforcement officers describe the license suspension process can make it difficult to understand when and how a license suspension would take effect. For example, it is common for officers to tell a person whom they have arrested that their driver’s license will be automatically suspended, effective immediately upon their refusal to participate in blood or breath testing. This is not an accurate description of the process by which drivers’ licenses are suspended following a refusal to submit to testing.

While it is true that the arresting officer must take your license into his or her possession, you should also be given a temporary driver’s permit, which is only valid for forty days. After forty days has passed, your license will be suspended automatically unless you requested an ALR hearing within fifteen days of your arrest. Requesting a hearing enables you to contest the proposed suspension of your driver’s license and delays the imposition of any ALR sanctions until the hearing takes place. Instructions for requesting a hearing may be found at the bottom of your Notice of Suspension.

At your ALR hearing, the Department of Public Safety (DPS) will attempt to prove that your license should be suspended for one of two reasons. The first reason that your license could be suspended is if you took a breath or blood test which resulted in a reading of .08 or greater. Suspension for the reason of refusing to submit to testing requires that the DPS provide proof of four different elements, including reasonable suspicion for the vehicle stop or probable cause for the arrest, probable cause that the driver was in control of a vehicle on a public place while intoxicated, opportunity for the driver to voluntarily participate in testing and provision of both oral and written notice of the consequences of refusal, and refusal to participate in testing following a request by the officer to do so. If the DPS fails to prove their case by a preponderance of the evidence, then a license suspension may not be issued, and your license must be returned to you.

Requesting an ALR hearing is a step in the right direction, a chance at protecting your right to drive. With something so important at stake, it is a good idea not to go it alone. Texas DUI Defense Attorneys are well versed in the ALR process, and an experienced attorney can help you to present your best case against the proposed license suspension. 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

Understanding Your Right to Have a Translator Present at Your Criminal Trial

Texas Family Law Attorney Explains Dividing Debts During Divorce

Why Every Driver Should Play the Strong Silent Type During a Texas Traffic Stop

What is the Michael Morton Act?

How to Maintain Financial Stability Throughout Your Texas Divorce

Your Guide to Texas ALR Hearings

Your Guide to Texas ALR Hearings

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