It’s the holiday season, and with all of the celebrating going on, it can be easy to forget that law enforcement agencies increase their patrols at this time of year. Thanksgiving often produces more drunk driving arrests than other notorious party days like St. Patrick’s Day and even Super Bowl Sunday. As you know, not every driver who is arrested for and charged with DWI is guilty. If you are arrested for DWI this holiday season, remember that connecting with a Texas DWI attorney is the best way to protect the things that are most important to you. Your Texas DWI defense attorney knows how to examine the circumstances of your DWI arrest and develop a strong defense strategy for you.

One element of a strong DWI defense is knowing how to challenge the evidence that the State plans to present in your case. If your DWI defense attorney can show the court that one or more pieces of evidence that the State intends to present in your DWI case are inaccurate or otherwise not valid, the court may prohibit the use of that evidence in the State’s case against you. Evidentiary challenges have the potential to weaken the State’s case against a defendant, sometimes even to the extent that the State finds itself with so little evidence that it must dismiss its case.

Many drivers arrested for DWI submit to breath testing either during the traffic stop that leads to their arrest or after the arrest. If you are facing DWI charges and breath testing occurred at some point during your traffic stop or after your arrest, your defense attorney may be able to challenge the validity of the results of those tests. Even better, their challenge may be successful, and the test results might be thrown out. A recent article by the New York Times reports that tens of thousands of DWI cases across America have been tossed out of court because the test results were shown to be inaccurate.

For years, alcohol breath test results have been viewed as “truths” by juries in Texas and across America. Many DWI defendants were unaware that they could question the test results, but that is changing. Some DWI defendants, with the aid of their attorneys, challenged the validity of their breath test results. Some of those who challenged their test results prevailed. Their victories paved the way for an increased public demand for research into the accuracy of breath testing devices and the validity of the results produced by those devices. Study after study has shown how vulnerable the sensitive machines used for breath testing are to user error, calibration error, and other types of failures that are attributable to the users of the devices or the devices themselves.

Breath testing for blood alcohol content is a process that is prone to errors. If you were arrested for DWI and you submitted to breath testing during your traffic stop or after your arrest, it is critical that you contact a Texas DWI defense attorney right away. Your Texas DWI defense attorney can examine the circumstances of your traffic stop and DWI arrest and build a solid defense strategy on your behalf. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.

If you have ever thought about what you might do if your life were threatened, you are not alone. Many people have thought about what they would do in various situations where they were at risk of being hurt or killed by another person. The possible scenarios are endless, from home invasions to getting mugged in a parking lot, to just about anything you could imagine and many odd situations that you couldn’t possibly think up until they happen.

Some people arm themselves to be prepared in the event of an event like those described above. Others keep firearms or other items they could use to defend themselves in their homes. Still others become skilled in martial arts and other forms of self-defense, which prepares them to protect themselves from harm whether they pursue those skills with that intention in mind or not. Whether a person is prepared to defend themselves or not, they may find themselves in a situation where they face a threat in the form of another person, and they must decide what to do. Sometimes, running or some other means of escape is available, sometimes not. Sometimes, a gun or other item that is or could be used as a weapon is available, sometimes not. The threat from the other person could be obvious, such as a knife held to your ribs or a gun pointed in your direction. Threats, threatening body language, and other more subtle observations you may make about a situation or a person can lead you to a realization that you are in danger.

If you face a situation in which you may need to defend yourself, you might not have much time to weigh your options. Sometimes, after the fact, things can come to light about the situation you were in that might make your actions at the time seem more reasonable or less reasonable. However, it is critical that Texans know that they are allowed to defend themselves. In Texas, self-defense is a legal defense to murder and assault charges. A recent situation in Garland is an example of a situation in which a defendant might choose to claim self-defense if police file charges against him.

The driver of a vehicle was shot and killed in a road rage incident in Garland, but it is possible that murder charges will not be filed against the shooter. Surveillance video of the street where the shooting occurred shows the driver of a vehicle throwing a bottle at a pickup truck. The bottle shattered the window of the truck, and then the driver of the pickup truck started shooting. After shooting, the driver of the pickup truck went to a police station to report what had happened and has been entirely cooperative with the law enforcement officials who are investigating the incident. It is reported that the driver of the pickup truck fired shots because he thought that a gunshot shattered his window.

If you are accused of a crime in Texas, your rights and your freedom are at stake. Contact a Texas criminal defense attorney immediately, and take the first step towards resolving your Texas criminal law matter. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.

If you have ever thought about what you might do if your life were threatened, you are not alone. Many people have thought about what they would do in various situations where they were at risk of being hurt or killed by another person. The possible scenarios are endless, from home invasions to getting mugged in a parking lot, to just about anything you could imagine and many odd situations that you couldn’t possibly think up until they happen.

Some people arm themselves to be prepared in the event of an event like those described above. Others keep firearms or other items they could use to defend themselves in their homes. Still others become skilled in martial arts and other forms of self-defense, which prepares them to protect themselves from harm whether they pursue those skills with that intention in mind or not. Whether a person is prepared to defend themselves or not, they may find themselves in a situation where they face a threat in the form of another person, and they must decide what to do. Sometimes, running or some other means of escape is available, sometimes not. Sometimes, a gun or other item that is or could be used as a weapon is available, sometimes not. The threat from the other person could be obvious, such as a knife held to your ribs or a gun pointed in your direction. Threats, threatening body language, and other more subtle observations you may make about a situation or a person can lead you to a realization that you are in danger.

If you face a situation in which you may need to defend yourself, you might not have much time to weigh your options. Sometimes, after the fact, things can come to light about the situation you were in that might make your actions at the time seem more reasonable or less reasonable. However, it is critical that Texans know that they are allowed to defend themselves. In Texas, self-defense is a legal defense to murder and assault charges. A recent situation in Garland is an example of a situation in which a defendant might choose to claim self-defense if police file charges against him.

The driver of a vehicle was shot and killed in a road rage incident in Garland, but it is possible that murder charges will not be filed against the shooter. Surveillance video of the street where the shooting occurred shows the driver of a vehicle throwing a bottle at a pickup truck. The bottle shattered the window of the truck, and then the driver of the pickup truck started shooting. After shooting, the driver of the pickup truck went to a police station to report what had happened and has been entirely cooperative with the law enforcement officials who are investigating the incident. It is reported that the driver of the pickup truck fired shots because he thought that a gunshot shattered his window.

If you are accused of a crime in Texas, your rights and your freedom are at stake. Contact a Texas criminal defense attorney immediately, and take the first step towards resolving your Texas criminal law matter. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.

In a previous article, we mentioned that criminal defendants may have more than one choice available to them when it comes to legal representation in their Texas criminal law matter. Today, we’ll explore the similarities and differences between assigned counsel, public defenders, and private counsel. It is our hope that this article empowers you, the defendant, to make a well-informed decision about the type of legal representation that you choose for your Texas criminal law matter.

All attorneys who are in private practice in the State of Texas, as well as all attorneys who serve as assigned counsel or in public defenders must be licensed and insured. Attorneys are held to stringent licensing requirements and must continually educate themselves about the changing landscape of their profession. Licensing and insurance provide a means of assuring that attorneys who practice in Texas are qualified to provide competent representation for their clients. However, there are three critical differences that you’ll want to consider when deciding which type of legal representation you wish to pursue if public defender or assigned counsel services are available to you.

Cost is the first thing that comes to mind when many defendants realize that they need an attorney. Some defendants truly cannot afford to pay for the services of even the most reasonably priced private defense counsel. Fortunately, as we mentioned in our last blog post, these defendants do not have to navigate the criminal justice system on their own. Public defenders and assigned counsel are paid by the counties that they work for, not by the defendants themselves. Defendants must fill out an application if they want to find out whether they’re eligible for representation by a public defender or assigned counsel. It is possible that some defendants with limited financial resources could be deemed able to pay for their legal defense. Private counsel are paid by their clients. The fees charged by private counsel vary greatly and are based upon many factors, including experience and expertise.

Caseload is another factor that defendants must consider when deciding whether to pursue private representation or apply for the services of assigned counsel or a public defender. Private counsel often take pride in providing personalized attention to each of their clients, and they realize that providing quality legal representation takes time. Most private counsel manage their caseload carefully so that they can spend the amount of time in each client’s case that they feel it needs. In contrast, many assigned counsel and public defenders are given large caseloads. They are often unable to spend much time on each of their clients’ cases.

A third important distinction between private legal counsel and public defenders and assigned counsel is that defendants who hire private counsel to represent them have the freedom to choose their attorney. Defendants who obtain legal representation by assigned counsel or through a public defender’s office are unable to choose who will represent them in their Texas criminal law matter. They are represented by the attorney to whom the county sends their case.

The guarantee of legal counsel for indigent defendants that is provided by Gideon v. Wainwright is a vital component of obtaining justice for criminal defendants regardless of their ability to pay. However, not all attorneys can provide the same level of support to their clients. To learn more, call Texas criminal Defense Attorney Alex Tyra today,  at (903) 753-7499, or fill out a contact form on our website.

Entrapment. You may have heard the word, but do you really know what it means? More importantly, did you know that if you are a criminal defendant and you can prove entrapment, you may be able to be acquitted of the crime you were charged with?

The recent acquittal of a man  who was charged with kidnapping serves as an example of entrapment. A man who had no prior criminal background of any sort met with his neighbor to discuss the hiring of a hitman to kidnap a former business associate and forcing him to sign away his rights to his share of a business interest. That meeting led to Eskandar Molavi’s arrest and federal kidnapping charges.

That meeting also led to Molavi’s acquittal, which his defense team was able to obtain on the grounds of entrapment. Acquittals based on entrapment are relatively uncommon in any court, and they are rarer still in federal court. However, the circumstances surrounding Molavi’s arrest fit the criteria for a successful entrapment defense.

The man who met with Eskandar Molavi to discuss the hiring of a hitman associated with a Mexican drug cartel was a government informant. His job was to capture Molavi on tape stating that he was willing to hire the hit man. The informant did indeed do his job and obtain audio footage of that conversation. He also caught himself on tape going too far in his efforts to ensure that Molavi would say that he was willing to hire the hit man. The informant who met with Eskandar Molavi painted such a terrifying picture of the hitman that Molavi felt as if he could not say “no” to hiring him, as that could create a risk to his own life.

It is one thing to capture evidence of the words of a person who has already formulated a criminal plot and is expressing their willingness to go through with it. It is another thing entirely to entice someone to think about committing a crime and then pressure them into expressing a willingness to pursue the criminal course of action. Entrapment defenses are difficult for defense attorneys to succeed with because the attorneys for the defendant must prove both of the elements of entrapment: a lack of predisposition to commit the crime and that the government agents convinced the defendant to do it. In Molavi’s case, however, a secret recording on his phone captured the conversation between himself and the informant, providing the vital evidence that the jury needed to hear to conclude that both of those elements were proven.

Entrapment is just one of the many defense strategies that a skilled Texas criminal law attorney can pursue on behalf of the defendants in whose cases it is relevant. The unique facts and circumstances of your Texas criminal case will shape the defense strategy that your Texas Criminal Defense Attorney will use to pursue the best possible outcome in your case. If you are charged with a crime in Texas, it is critical that you take immediate action to protect your rights. Please call us today,  at (903) 753-7499, or fill out a contact form on our website.