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Texas Family Law Attorney Explains the Best Interest of a Child Standard

February 15, 2014/in Texas Divorce Cases/by LS_admin

If you have minor children and you are involved in a Texas Divorce, or you are considering one, you may wonder what criteria Texas courts use in making decisions regarding child custody. The child custody orders that work best for everyone involved are the ones that are created by agreement between the divorcing parties. However, if you and your soon to be former spouse are unable to reach an agreement on how you will divide parenting time and responsibilities, the court will step in and create an order which provides for the best interests of the children while addressing the needs and abilities of both parents.

In Texas, there is a list of nine factors which courts commonly assess in their decisions regarding child custody. The nine factors are derived from the case of Holley v. Adams, 544 S.W.2d 367 (Tex. 1976), and are commonly referred to as the “Holley Factors”. It is important to note that while the Holley case was a case dealing with the issue of whether to terminate parental rights, the courts have found that the list of factors which came out of the Texas Supreme Court’s decision in that case are applicable in all kinds of cases where a decision must be made regarding the custody of one or more children.

The Holley factors, when considered as a group, help the court to decide what kind of child custody order will serve the best interests of the children to whom it will apply. These factors include the abilities of the parents, the desires of the children, the stability of the parents’ homes, the plans that each parent has for the children, present and future physical and emotional needs of the children, whether either parent poses a danger to the emotional or physical well-being of the children, behaviors of the parent which may affect the appropriateness of the parent-child relationship, reasons for any parental behavior which affects the appropriateness of the parent-child relationship, and any programs that are available to assist the parties in providing for the best interest of the children.

It is also important that parents who are involved in Texas divorce cases understand that while the Holley factors play a large role in custody decisions, other pertinent factors may be considered by the court as well. If any of the following topics are important to your family, it is important that you let your attorney know so that they may present information about them to the court. The past and present state of which parents fulfill which responsibilities to the children may be a factor in custody cases, as it is closely tied to the everyday activities and routines that the children are accustomed to. Parental behavior which is intended to undermine the relationships of the children with their other parent is not conducive to a healthy environment for the children, so it should be mentioned in any case where it has occurred. Also, if there are other things that are important to you, discuss them with your attorney so that they can help you to understand whether and how they would contribute to a discussion of child custody in your case.

If your divorce case involves children, it is important that you seek the assistance of a knowledgeable East Texas Divorce Attorney. A skilled divorce attorney can increase your chance of reaching a child custody agreement which will work for you, and can help you present your best case in the event that any portion of your divorce proceeds to litigation. To learn more, call Texas Family Law Attorney Alex Tyra today to schedule a free consultation with one of our Texas Divorce Attorneys. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.

Texas Criminal Justice Reforms Save Money While Keeping Crime Rates Down

February 2, 2014/in Criminal Defense/by LS_admin

The crime rate is down, and fortunately, so is the number of people in Texas prisons. Texas is one of seventeen states that are in the early stages of a criminal justice reform program which takes the money that is being saved by reducing prison populations and invests it into programs designed to reduce first-time incarceration and recidivism.

State leaders have chosen to opt out of building more prisons to house non-violent offenders, and are focusing instead in improving drug treatment and parole programs. Some of the notable reforms include giving more power to courts designed specifically to deal with drug offenses, rethinking the parole program, and making it easier for former prisoners to integrate into society after their release.

Drug courts are specialized courts for non-violent persons who are charged with drug-related offenses. The focus of drug courts is rehabilitation, rather than punishment, and they serve to help offenders move forward in their lives as productive members of society. Prior to 2001, there were only seven drug courts in Texas. There are now seventy four. Participants in drug court programs attend regular status hearings, where they inform the court of their progress through their individualized program of assessment, monitoring, and comprehensive mental health and substance abuse treatment.

Probation and parole reforms have reduced the amount of people who are sent back to jail after violating the conditions of their release by providing intermediate steps in between an initial violation and a return to prison. Intermediate sanction facilities are intended for short-term confinement, where offenders can receive additional treatment and another chance at avoiding a return to prison.

When prisoners are released, it is often difficult for them to get a fresh start because they encounter difficulties in finding housing, jobs, and other resources that can help them begin building a better life. Recent reforms have increased the amount of preparation that prisoners undergo before they are released, in hopes that this will help them to make better choices once they gain their freedom. Community organizations like “Bridges to Life” in Amarillo and similar programs throughout the state provide training and support to released prisoners, which increase their chance of success.

The reforms have been effective so far, and are expected to continue to be just as effective if not even more so. Between 2004 and 2007, the percentage of released offenders who went back to prison within three years of their release dropped from thirty percent to twenty four percent. Three adult prisons and six juvenile detention facilities have been closed, thanks to programs that focus on treatment and rehabilitation within the community setting rather than confinement. There also have been reductions in overall criminal justice spending, even as the amounts spent on treatment, probation, and other community-based services have increased. Perhaps most importantly, the people who are most affected by the reforms, the offenders and their families, are being handled in a way that acknowledges their potential for change and personal growth while keeping the public safe by ensuring that the most dangerous offenders are securely confined.

If you are facing criminal charges, it is essential that you contact an experienced criminal defense attorney. A knowledgeable East Texas criminal defense attorney can help you to present your best possible case and evaluate any possible alternatives to conviction which may be available to you. To learn how a criminal defense attorney can help you, call Texas Criminal Defense Lawyer Alex Tyra now, of the Law Office of Alex Tyra, P.C., to schedule a free initial consultation. We can be reached at (903) 753-7499, or you may visit our website and submit a convenient online contact form.

Building Strong Relationships After Your Divorce, One Visit at a Time

January 25, 2014/in Texas Divorce Cases/by LS_admin

When your first child was born, you probably realized that you were entering a new chapter of your life. That tiny baby that you held in your arms was in fact someone with whom you will have a bond for your entire life. As your child or children grew, you built a relationship with them, one moment at a time. Now that you are divorcing, that does not have to change. Although the schedule of moments that you will share with your child or children may look different than it did when all of you lived in the same home, each moment presents the same opportunities as all of the moments prior to your divorce did. Even if your new schedule gives you less time with your child or children than you are accustomed to, your bond can remain strong both now, and for years to come.

If you are able to focus on making your kids’ transition from their other parent’s home to your home as smooth as possible, you will set yourself and your kids up for a great visit. Calm and civilized communication before, during, and after pick-ups and drop-offs will set your children at ease. Once the children are at your house, remember that children thrive when consistent rules and routines are a part of their day to day life. It is likely that your children follow rules and routines at their other parent’s home that the two of you decided upon together before your divorce. Incorporating the rules and routines that your children are accustomed to into life at your house will help the kids feel safe and secure, and can reduce the likelihood of the behavioral problems that can, for some children, accompany a change in routine.

You may wonder what kinds of things you should do with your kids when they visit you, because you have such limited time together and you want to make sure that it is enjoyable. Some parents feel like they have to amaze their kids with extravagant outings and gifts when they visit, in order to make the visits more memorable. Fortunately, this is not true. In fact, visits that are too jam-packed with activities and excitement can be overwhelming for some kids. If you take care to ensure that visits are not crammed too full of plans and activities, that can help to keep everyone’s focus on being together, instead of making it through an exhausting schedule of events.

When you are thinking about what you would like to do with the kids during your visits, remember which things you have already done with them have brought you the most joy. If you and your child or children still enjoy those same activities, make a plan to incorporate them into your time together. Since children are always growing and some of their interests change often, another way to make sure that your time with your child is meaningful for both of you is to set aside time for you to just be with them, in comfortable situations like enjoying a meal together or taking a walk. You may be surprised at how much you can learn about your child and their interests during these simple activities, as kids are often eager to share details about things that they enjoy. When they mention things that are also interesting to you, make a plan to do those things together at some point in the future.

If you are a parent who is considering divorce, it is to your advantage to work with a Texas divorce attorney. To learn more about how we can help you with your Texas divorce, schedule a free consultation with East Texas divorce attorney Alex Tyra today. Call our office at (903) 753-7499, on the web to submit an online contact form.

Building Strong Relationships After Your Divorce, One Visit at a Time

January 25, 2014/in Texas Divorce Cases/by LS_admin

When your first child was born, you probably realized that you were entering a new chapter of your life. That tiny baby that you held in your arms was in fact someone with whom you will have a bond for your entire life. As your child or children grew, you built a relationship with them, one moment at a time. Now that you are divorcing, that does not have to change. Although the schedule of moments that you will share with your child or children may look different than it did when all of you lived in the same home, each moment presents the same opportunities as all of the moments prior to your divorce did. Even if your new schedule gives you less time with your child or children than you are accustomed to, your bond can remain strong both now, and for years to come.

If you are able to focus on making your kids’ transition from their other parent’s home to your home as smooth as possible, you will set yourself and your kids up for a great visit. Calm and civilized communication before, during, and after pick-ups and drop-offs will set your children at ease. Once the children are at your house, remember that children thrive when consistent rules and routines are a part of their day to day life. It is likely that your children follow rules and routines at their other parent’s home that the two of you decided upon together before your divorce. Incorporating the rules and routines that your children are accustomed to into life at your house will help the kids feel safe and secure, and can reduce the likelihood of the behavioral problems that can, for some children, accompany a change in routine.

You may wonder what kinds of things you should do with your kids when they visit you, because you have such limited time together and you want to make sure that it is enjoyable. Some parents feel like they have to amaze their kids with extravagant outings and gifts when they visit, in order to make the visits more memorable. Fortunately, this is not true. In fact, visits that are too jam-packed with activities and excitement can be overwhelming for some kids. If you take care to ensure that visits are not crammed too full of plans and activities, that can help to keep everyone’s focus on being together, instead of making it through an exhausting schedule of events.

When you are thinking about what you would like to do with the kids during your visits, remember which things you have already done with them have brought you the most joy. If you and your child or children still enjoy those same activities, make a plan to incorporate them into your time together. Since children are always growing and some of their interests change often, another way to make sure that your time with your child is meaningful for both of you is to set aside time for you to just be with them, in comfortable situations like enjoying a meal together or taking a walk. You may be surprised at how much you can learn about your child and their interests during these simple activities, as kids are often eager to share details about things that they enjoy. When they mention things that are also interesting to you, make a plan to do those things together at some point in the future.

If you are a parent who is considering divorce, it is to your advantage to work with a Texas divorce attorney. To learn more about how we can help you with your Texas divorce, schedule a free consultation with East Texas divorce attorney Alex Tyra today. Call our office at (903) 753-7499, on the web to submit an online contact form.

Five Things Every Texas DWI Defendant Should Know

January 5, 2014/in Texas DWI Defense/by LS_admin

If you have been charged with driving under the influence of alcohol in Texas, there are a few things that you should know. From learning about the immediate and long term consequences of a DWI conviction, to learning about the variety of ways that an attorney can help you challenge some of the evidence in your DWI case, knowledge is a very powerful thing when it comes to making decisions regarding your Texas DWI case. Here are five things that can help every Texas DWI defendant understand their DWI case and make decisions that are truly in their best interest.

One of the first things that you should know about the drunk driving laws in Texas is that they are among the strictest in the nation. For your first DWI conviction, you could face fines of up to $2000.00, license suspension for up to a year, and up to one hundred and eighty days in jail. The penalties are even harsher for second-time offenders, and if you are convicted of DWI in Texas a third time, it is a felony. With penalties this severe, Texas DWI defendants have a lot to lose, if they do not take a proactive role in their defense.

A second important thing to know is that a DWI arrest in Texas gives rise to two different legal proceedings. As you might expect, one of the proceedings is a criminal case, and it is usually brought by a local district attorney. The other proceeding is of an administrative nature, and it involves the fate of your driver’s license. If you refused to submit to field sobriety tests or roadside breath testing, or if you took either or both of those tests and failed, your license will automatically be suspended, unless you file a request for a hearing on the matter within fifteen days of your arrest. It is essential that Texas DWI defendants remember to involve themselves in both proceedings, because each proceeding has something important at stake.

The third thing that Texas DWI defendants should know is that they have options. While a dismissal of your case or a reduction of the charges and penalties would be nice, these options are rarely available. If your case is one of the few that could qualify for one of these options, a knowledgeable Texas DWI defense attorney could help you pursue that outcome. Plea bargaining is also an option, and it involves a tradeoff of a conviction in exchange for more lenient consequences. Again, your attorney can help you weigh the positives and negatives of deciding to take your DWI case in this direction. You may also plead not guilty, and require the state to prove at a trial that you are guilty beyond a reasonable doubt. If you are considering this option, it is essential that you seek the assistance of an expert Texas DWI defense attorney.

A fourth thing that you must know, if you are a Texas DWI defendant, is that your attorney needs as much information about your DWI arrest as you can provide, in order to present your best possible defense. It can be difficult to remember the events leading up to such a traumatic event, but if you can remember things like how much you ate and drank at what times that day, which kinds of things you ate and drank, why you were pulled over, and whether you were advised of your right to remain silent, your attorney can figure out the best strategies for your defense.

The fifth and final thing that anyone accused of driving under the influence in Texas should know is that you don’t have to do this on your own. East Texas DWI defense attorney Alex Tyra is here to help you. To learn more, call our office at (903) 753-7499 to schedule a free consultation, or visit our law firm website to submit an online contact form.

When it Comes to Drugs, The Nose Does Not Always Know

January 1, 2014/in Criminal Defense/by LS_admin

If you are facing drug charges in a case where a drug sniffing dog or a police officer’s assertion that he or she smelled marijuana was the reason that you, your vehicle, or your property was searched, refuting the reliability of drug dogs and officer smell tests may play an important role in your defense. Even though both drug dogs and an officer’s sense of smell are permitted to serve as the basis for a search under Texas law, numerous studies have found both methods to be unreliable predictors of the presence of drugs.

For example, a pair of studies suggests that there are two fundamental flaws with relying on trained dogs to detect drugs. Both a study which was conducted by the Chicago Tribune and a study which was published in the Journal of Animal Cognition by Researchers from the University of California at Davis suggest that drug dogs often alert in areas where drugs are not present and have not been present. The frequency of false alerts is so high that the dogs are actually wrong more often than they are right.

The same two studies also pointed to something even more disturbing regarding drug dogs’ abilities to sniff out illegal substances. We all know that dogs are incredibly sensitive to even the most subtle feelings of the people that they have close relationships with. Drug dogs have strong bonds with their handlers, and when those handlers believe that drugs are present in a situation, the dogs are likely to alert even if there are no drugs in the area. Also, if a dog’s handler has any racial bias, the dog that they are handling will often alert on people of the race that the handler is biased against, whether or not drugs are present.

Police officers are allowed to stop or arrest and search people if they believe that they smell marijuana. As you can imagine, this results in quite a few searches. Two studies that were published in Law and Human Behavior examined the reliability of the officer smell test. One study found that officers who stand at a driver’s window and assert that they can smell marijuana that is supposedly in the trunk of the vehicle are not actually able to detect that odor from that position, because of other smells that are normally present during a roadside traffic stop, such as diesel fuel. The second study examined an even more improbable situation, where officers assert that they can smell marijuana in the chimney fumes from a marijuana growing facility. As one might expect, the study found that this simply does not happen.

Fortunately, Texas courts are becoming increasingly aware of the problems associated with relying on drug sniffing dogs and police officers’ noses to detect the presence of controlled substances. In 2010, the highest criminal court in Texas overturned a conviction based on identification of the suspect by a drug sniffing dog. Winfrey v. State, 323 S.W. 3^rd 875 (2010)

If the search that led to your drug charges occurred because a drug sniffing dog alerted near you or a police officer believed that they smelled marijuana near you, that search may have been invalid. A knowledgeable East Texas defense attorney can help you to present your best possible case to the court and help you to achieve the best possible results under the circumstances. To learn more, call Longview criminal defense attorney Alex Tyra today to schedule your free consultation. We can be reached at (903) 753-7499, or you may visit website to submit a convenient online contact form.

Sage Advice Regarding the Drug “Salvia Divinorum”

December 30, 2013/in Criminal Defense/by LS_admin

This past September, Texas added a new name to its list of Class III controlled substances. Salvia Divinorum, commonly known as “Seers Sage, Salvia, or Ska Maria Pastora”, became a Class III controlled substance upon the passage of House Bill 124. The bill made its third and final appearance before the Texas Legislature this year after two other attempts to pass the bill failed in 2007 and 2009. Under the new law, the possession, sale, or use of any part of the Salvia Divinorum plant including leaves, seeds, extracts, or other compounds, is now a crime.

The enactment of House Bill 124 makes Texas one of a growing number of states to criminalize the possession and sale of Salvia Divinorum. In Texas, as in other places, the legislation which made Salvia Divinorum illegal was tied to efforts to regulate synthetic marijuana, even though the two substances are not similar. Interestingly enough, the United States Drug Enforcement Administration (DEA) has yet to list Salvia Divinorum as a controlled substance, despite the fact that it is a known hallucinogen.

There are a few things that make the Texas Salvia law interesting, from an attorney’s perspective. For example, the penalties for possession of Salvia are more severe than the penalties for possessing marijuana. If you are found to be in possession of any amount of Salvia up to 28 grams, you are guilty of a Class A misdemeanor which is punishable by one year in jail and a maximum fine of $4,000.00. If you had twice that amount of marijuana in your possession, you would be guilty of a misdemeanor punishable by incarceration of 180 days, and a fine of $2000.00. Both substances are sold as dried plants, which users smoke in order to get high, but the laws which penalize the use of each plant involve different units of measurement. In fact, the unit of measurement which is used in the Salvia law (grams) is used to measure quantities of controlled substances that are sold in pill or powder form. The effect of this discrepancy between the laws that regulate Salvia and marijuana is that individuals who use Salvia instead of marijuana can be punished much more harshly for possessing a much smaller amount.

It is also worth noting that the Texas Salvia law is written so broadly that it may not pass muster under the Religious Freedom Restoration Act. Some people use Salvia Divinorum as a part of their spiritual practice, and when they do this, they chew on the leaves of the plant. This practice originated with the Mazatec people in Mexico, and has been incorporated into other religions where vision quests or divination are part of spiritual practice. Recreational users of Salvia smoke the plant, instead of chewing it. Both activities are covered by the law, which prohibits the use or possession of any part of the plant.

Perhaps the most puzzling thing about the criminalization of Salvia Divinorum is that there is no apparent reason for it to be classified as a Class III controlled substance. Although Salvia is a hallucinogen, there are no reports of Salvia-related health concerns coming from the medical community. There are also no reports coming from law enforcement regarding any danger to the public as a result of Salvia use. Salvia is usually used in a quiet place, away from people, so it is not a “party” drug, like many of the substances that cause problems for law enforcement.

If you have been charged with the possession of Salvia Divinorum or any other controlled substance, you need the assistance of a seasoned criminal defense attorney. Schedule a free consultation with Alex Tyra, a Longview, Texas criminal defense attorney, today. Call our law office at (903) 753-7499, or contact us through our website.

Latest News

Texas Family Law Attorney Explains the Best Interest of a Child Standard

Texas Criminal Justice Reforms Save Money While Keeping Crime Rates Down

Building Strong Relationships After Your Divorce, One Visit at a Time

Building Strong Relationships After Your Divorce, One Visit at a Time

Five Things Every Texas DWI Defendant Should Know

When it Comes to Drugs, The Nose Does Not Always Know

Sage Advice Regarding the Drug “Salvia Divinorum”

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