Tag Archive for: Longview Criminal defense lawyer

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

/in /by

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. 3rd 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.

 

Stolen Guns are a Texas Sized Problem in the Lone Star State

/in /by

Did you know that more guns are stolen in Texas than in any other state?   It makes sense, if you think about it, because Texas has a larger population than many states. Not only that, but when you consider that many Texans own firearms, it is not really a surprising statistic. Earlier this year, the President ordered the Bureau of Alcohol, Tobacco, and Firearms to conduct a study and report the number of firearms that have been reported lost or stolen on a state – by – state basis. Nearly nineteen thousand guns were reported stolen or lost in Texas last year. Of course, there is no data available on the total amount of firearms that were lost or stolen, because many more guns are stolen than are actually reported as stolen.

Stolen guns pose a greater threat to the public than guns that are purchased legitimately. Many guns that are stolen from private individuals or businesses are later used to commit crimes, and many of these guns are recovered at the scenes of the crimes. If your gun turns up at the scene of a crime, you may be facing even bigger problems than whether or not you will get your stolen gun back. When you take precautions to prevent gun theft, you not only reduce the chance that one or more of your guns will be stolen, you reduce the chance that one or more of your guns will make it into the hands of a criminal who uses it to commit a crime.

Your first line of defense against criminals stealing your gun and using it to commit crimes is to keep it stored in a secure place. In case you are wondering, a locked vehicle is not necessarily a secure place, especially if the gun is within view of people looking inside of your vehicle. A gun safe really is your best bet, especially one which can be mounted to your wall or floor. Not only do gun safes reduce (and practically eliminate) the chance of your guns being stolen, they help to keep your family and children safe, too. In addition to keeping your gun locked away in a safe place, it is important that you keep a file or notebook of detailed information about your guns, including pictures, serial numbers, and detailed descriptions as well as service records. This information can be used to file a report if one of your guns does get stolen, and can help you to prove that the gun is yours if it is eventually recovered. One other way that gun owners can prevent gun theft is to be very careful about lending your firearms to anyone. If the borrower does not keep your gun in a secure place, other people whom you did not authorize to borrow your gun may have access to it and it may end up in the wrong hands.

If your gun is lost or stolen, it is a good idea to report it even though Texas law does not currently require that you do so. Many stolen guns that are used to commit crimes are left at the crime scenes, where they are discovered by police. Reporting your gun as stolen can help you to clear your name if your stolen gun is later used during the commission of a crime. It can also increase the chances that your gun will eventually be returned to you.

Gun theft is a big problem in Texas. If you live in East Texas and your stolen gun has been used to commit a crime, contact The Law Office of Alex Tyra, P.C., for a free consultation at (903) 753-7499. Phone calls are answered 24 hours a day, 7 days a week.

Studies Show Field Tests Unreliable

/in , /by

Driving while under the influence of alcohol and/or other drugs is a serious crime that can easily affect the lives of individuals in the blink of an eye.  A DUI or DWI can alter the life of an individual in any varying aspects, which can easily impact your life legally, personally, and even professionally. When an individual is charged and convicted of a DUI they can expect to pay many fines and even face the possibility of going to jail for a period of time. However, more and more individuals today are being charged, and unfortunately convicted of a DUI or DWI falsely thanks to faulty equipment and tests.

When an individual is pulled over for allegedly driving under the influence the investigation immediately begins when the police officer sights the vehicle. From there, the individual is asked to participate in something known as a field sobriety test. This test exists in order to check the balance and the reflexes of an individual. However, this test is actually helping falsify individual’s scores everyday. Studies show that most individuals have enough difficulty trying to do the test sober. So, if an individual was truly under the influence an officer could certainly notice.

One thing that is continuously giving more and more individuals a DUI charge, and a later conviction is that of a breathalyzer. Breathalyzers are instruments law enforcement officers use in order to detect an individual’s blood alcohol content, or BAC. While breathalyzers are suppose to specifically pick up the content of alcohol within an individual’s breath it realistically picks up almost everything in an individual’s breath. These instruments can easily produce false results due to smoking, what you have eaten, if you have false teeth, and many other varying reasons due to your body’s pH level.

Both of these “routine tests” not only fail to do their job properly, but also the continued use of them is causing more and more innocent individuals to be charged with a false DUI or DWI. Make sure if you have been charged with a DUI or DWI falsely to contact an experienced attorney immediately in order to get your innocence back today.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation When you need assistance from an experienced attorney or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499.  All initial consultations are free.  Phone calls are answered 24 hours a day, 7 days a week.

Understanding “Minor In Possession” Charges

/in , /by

Today, driving while under the influence of alcohol or other drugs continues to keep rearing its ugly face in the lives of many each and every day. When an individual drinks and drives they put not only themselves at risk of being hurt or killed, but also all others that are around them and their vehicle. Drinking and driving can easily land an individual in a serious situation that can easily end up with them paying numerous legal fees, or even some jail time. Yet, one thing that easily contributes to drunken driving each year is that of under age drinking.

When an individual receives a ticket for either a MIP, or MIC, what is it and what happens as a result from it? Minor in possession (MIP), or minor in consumption (MIC), deals directly with that of underage drinking. An MIP is when an individual under the age of 21 is simply holding alcohol, or they have it within their immediate setting, whereas an MIC is given when an individual under the age of 21 is caught drinking alcohol. Today, teenagers keep drinking and know what these tickets are. However, do they understand what consequences come with either of these?

Under normal circumstances, those individuals who get either one of these tickets and do not have further issues with the similar situation in the future will have the charge expunged after they turn 21. However, if another ticket is given as a result of underage drinking both charges will not be expunged and will result in being seen on your record. These can impact many things in student’s lives such as employment now and later, and even their enrollment status at their secondary education institution.

Remember at the end of the day if you are under the age of 21 drinking is illegal throughout the whole United States. Whether you believe it or not you can easily be charged with a crime as well when you buy alcohol for those under the age of 21. Make sure that the alcohol is kept at the store, or at least until the children are old enough to buy it themselves.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation When you need assistance from an experienced attorney or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499.  All initial consultations are free.  Phone calls are answered 24 hours a day, 7 days a week.

Decrease In National Crime

/in /by

As we have all come to be aware with change is certainly inevitable. From trends, technology, to even what we eat everything around us can usually be seen changing fast or slow. Usually, one expects change to be simply good or bad. In so many instances we have seen things go from one to the other or back in a matter of days, and even moments. However, change is inevitable especially as we begin to look at a new day, a new month, and a new year.

With it being the beginning of 2012 many people have this year in mind with New Year’s resolutions, goals, and even making plans for future events. One last look at the year of 2011 shows us that we certainly have a positive precedent set towards that of crime. Studies before the end of the year showed us that crime in Texas not only decreased significantly, but also that of the crime nationwide.

Violent crimes were lowered greatly in the past year, which include but are not limited to that of robbery, murder, and even rape. In Texas these crimes went down significantly 22 percent of that of the year previous to it. Rape overall was lowered by 6.5 percent, which contributed to the national rate dropping to 5.1 percent.

Many studies have factored in many different variables in order to try to understand why the number has decreased in such a positive manner. Reports state that due to increased security and police efforts many cities cross the country is becoming safer and safer as each day passes. Due to technology today many law enforcement entities are able to easily not only track, but also map down crime in order to help aide future efforts that may occur to crack down on a specific crime.

Overall, we can see that 2011 certainly did leave us in a new year with a new mind set on crime. With crime becoming lower and lower over time one can only assume that the number will become lessened within the future.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation When you need assistance from an experienced attorney or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499.  All initial consultations are free.  Phone calls are answered 24 hours a day, 7 days a week.

Decrease In National Crime

/in /by

As we have all come to be aware with change is certainly inevitable. From trends, technology, to even what we eat everything around us can usually be seen changing fast or slow. Usually, one expects change to be simply good or bad. In so many instances we have seen things go from one to the other or back in a matter of days, and even moments. However, change is inevitable especially as we begin to look at a new day, a new month, and a new year.

With it being the beginning of 2012 many people have this year in mind with New Year’s resolutions, goals, and even making plans for future events. One last look at the year of 2011 shows us that we certainly have a positive precedent set towards that of crime. Studies before the end of the year showed us that crime in Texas not only decreased significantly, but also that of the crime nationwide.

Violent crimes were lowered greatly in the past year, which include but are not limited to that of robbery, murder, and even rape. In Texas these crimes went down significantly 22 percent of that of the year previous to it. Rape overall was lowered by 6.5 percent, which contributed to the national rate dropping to 5.1 percent.

Many studies have factored in many different variables in order to try to understand why the number has decreased in such a positive manner. Reports state that due to increased security and police efforts many cities cross the country is becoming safer and safer as each day passes. Due to technology today many law enforcement entities are able to easily not only track, but also map down crime in order to help aide future efforts that may occur to crack down on a specific crime.

Overall, we can see that 2011 certainly did leave us in a new year with a new mind set on crime. With crime becoming lower and lower over time one can only assume that the number will become lessened within the future.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation When you need assistance from an experienced attorney or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499.  All initial consultations are free.  Phone calls are answered 24 hours a day, 7 days a week.