Tag Archive for: Texas Criminal Defense Attorney

Texas Criminal Defense Attorney Discusses the Constitutionality of Gang Injunctions

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Sometimes, individuals are prohibited from going certain places because there is a compelling reason to restrict their freedom to move about. For example, if a person has been found to be threatening to harm someone, the person who is being threatened may obtain a restraining order that prohibits the person who has been doing the threatening from being present within certain areas, such as the targeted person’s home, school, and workplace. Individual arrangements like restraining orders and probation agreements are tools that can be used to protect safety while providing some freedom for the individuals that are affected by them.

Unfortunately, not all orders restricting access to certain places are created equally. A recent gang injunction lawsuit in Harris County involves a proposed injunction that would ban ninety two individuals from a 1,326-acre area in south Houston. An injunction that would prohibit that many individuals from an area that large is a rather restrictive measure. It is so restrictive, in fact, that a number of criminal defense lawyers believe that it is unconstitutional.

The Texas Constitution forbids the banishment or transportation of citizens from the state. While the injunction would not ban the people from the entire state of Texas, the defense attorneys are certain that the purpose that the injunction would serve could be achieved through narrower measures. The reason that an injunction has been proposed is that there is a long-standing crime problem in area apartment complexes which is reportedly connected to gang activity. It is possible that the problem could be addressed by individual orders for each person, more specific restrictions for a smaller geographic area, or other measures, some of which may not even require the involvement of law enforcement or the court system. The attorneys argue that the proposed injunction, which is a form of civil relief, would unduly restrict the liberty of the individuals affected by it. The injunction would also infringe upon the individuals’ constitutionally protected activities by prohibiting them from working, living, visiting family, and assembling for religious purposes within the area covered by the injunction.

Texas Criminal Defense Attorney Alex Tyra – Protecting the Rights of Texans in the Criminal Justice System

Whether you are facing misdemeanor or felony charges, it is likely that you are aware of the impact that a criminal conviction could have on many areas of your life. An experienced Texas criminal defense attorney can explain the nature of the charges that you are now facing, and they will use the unique facts of your situation to make a solid plan for your defense. Your attorney is able to explain all of the various solutions that may be available to you in your criminal matter by describing how those options could affect various aspects of your life, especially those things in your life that matter most to you. If you would like to speak with us about whether we might be able to help you with your Texas criminal case, call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.

 

 

Texas Criminal Defense Attorney Talks about a Potential Shift in Drug Crime Policy

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Lawmakers in Texas may be preparing to take state drug crime policy in a new direction which could both lessen the penalties associated with certain drug crimes and shift the focus from punishment to treatment. As is the case with any matter related to criminal justice, the issue of how to address situations in which individuals break the laws regarding controlled substances is controversial. However, as prison populations remain high and individuals continue to engage in criminal activity once they are released from prison, it is important that Texas and other states explore alternatives to the current way of doing things.

Some of the changes that are being contemplated by the House Corrections Committee include downgrading some nonviolent drug crimes from felonies to misdemeanors and shortening sentences on other nonviolent drug offenses. The issues will be studied by the Committee throughout the remainder of this year, with possible legislation to follow in early 2017.

The potential changes to Texas drug crime policy will apply only to individuals who have been charged with specific nonviolent drug offenses, such as possessing small amounts of a controlled substance. However, many individuals throughout the state are charged with those offenses every year, so the effects of the potential legislation could be far-reaching.

The possible changes to the way that some nonviolent drug crimes are handled could help people who struggle with substance abuse issues get the treatment and support that they need. When a person is struggling with addiction, they are likely to continue to purchase and use their drug of choice whether the penalty for being caught doing so is $500.00 or $5000.00, and whether they would face jail time or not. Addiction is a powerful force with the potential to destroy a person’s life. While not every person who participates in drug treatment is able to overcome addiction, many of them do. The potential for drug treatment to help individuals move forward from drug use and abuse and into healthy, productive lives is greater than the potential for achieving those outcomes through the current system of fines and incarceration, which have resulted in high rates of recidivism.

Texas Criminal Defense Attorney Alex Tyra – A Strong Advocate for Texans

While drug crime policy reform in Texas may be on the horizon, if you have been charged with a drug crime in Texas, you need a strong ally in your corner right now. A seasoned Texas criminal defense attorney is able to help each client understand the nature of the charges that have been brought against them. Your attorney can also help you understand what your options are for resolving your criminal matter. Since each case is unique, your attorney will work with you to pursue a resolution of your case that is in line with your needs and priorities. To learn more about drug offenses or any other type of Texas criminal matter, please call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499 or contact us online to find out whether we can help you.

 

 

Texas Criminal Defense Attorney Talks about a Potential Shift in Drug Crime Policy

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Lawmakers in Texas may be preparing to take state drug crime policy in a new direction which could both lessen the penalties associated with certain drug crimes and shift the focus from punishment to treatment. As is the case with any matter related to criminal justice, the issue of how to address situations in which individuals break the laws regarding controlled substances is controversial. However, as prison populations remain high and individuals continue to engage in criminal activity once they are released from prison, it is important that Texas and other states explore alternatives to the current way of doing things.

Some of the changes that are being contemplated by the House Corrections Committee include downgrading some nonviolent drug crimes from felonies to misdemeanors and shortening sentences on other nonviolent drug offenses. The issues will be studied by the Committee throughout the remainder of this year, with possible legislation to follow in early 2017.

The potential changes to Texas drug crime policy will apply only to individuals who have been charged with specific nonviolent drug offenses, such as possessing small amounts of a controlled substance. However, many individuals throughout the state are charged with those offenses every year, so the effects of the potential legislation could be far-reaching.

The possible changes to the way that some nonviolent drug crimes are handled could help people who struggle with substance abuse issues get the treatment and support that they need. When a person is struggling with addiction, they are likely to continue to purchase and use their drug of choice whether the penalty for being caught doing so is $500.00 or $5000.00, and whether they would face jail time or not. Addiction is a powerful force with the potential to destroy a person’s life. While not every person who participates in drug treatment is able to overcome addiction, many of them do. The potential for drug treatment to help individuals move forward from drug use and abuse and into healthy, productive lives is greater than the potential for achieving those outcomes through the current system of fines and incarceration, which have resulted in high rates of recidivism.

Texas Criminal Defense Attorney Alex Tyra – A Strong Advocate for Texans

While drug crime policy reform in Texas may be on the horizon, if you have been charged with a drug crime in Texas, you need a strong ally in your corner right now. A seasoned Texas criminal defense attorney is able to help each client understand the nature of the charges that have been brought against them. Your attorney can also help you understand what your options are for resolving your criminal matter. Since each case is unique, your attorney will work with you to pursue a resolution of your case that is in line with your needs and priorities. To learn more about drug offenses or any other type of Texas criminal matter, please call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499 or contact us online to find out whether we can help you.

 

 

Texas Criminal Defense Attorney Explains the Crime of Human Trafficking

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Texas has recently dedicated a team of ten professionals to the task of investigating and prosecuting human trafficking. It has been said that Texas has the second biggest human trafficking problem in the United States. Only California is reputed to have more incidents of human trafficking per year. The crime of human trafficking gets a lot of attention as it relates to sex crimes, but forced labor is also part of the problem. Some industries, such as mining, construction, agriculture, and seafood, are implicated in many incidents of human trafficking each year.

Human trafficking is a crime in Texas, as set forth in Sec. 20A.02. and Sec. 20A.03. of the Texas Penal Code. A person can commit the offense of trafficking of persons in one of a number of ways. One way that the offense can be committed is when a person knowingly transports, entices, recruits, harbors, provides, or otherwise obtains another person with the intent that that other person engage in forced labor or services including, but not limited to, forced labor or services, child labor, or prostitution. Other ways that people engage in human trafficking are by receiving a benefit from participating in a venture that involves any sort of activity involving a person who has been trafficked, or by engaging in sexual activity with a person who is being trafficked.

The continuous trafficking of persons is a separate offense, and it is described under Section 20A.03 of the Texas Penal Code. This offense requires a person to have engaged in two or more incidents of any of the types of conduct that are described in 20A.02., against one or more victims during a period of thirty days or more.  In Texas, human trafficking is often a felony of the second degree. It can constitute a felony of the first degree if a child is involved, or if death results. The statute further provides that if conduct that is considered an offense under Sec. 20A.02. is also considered an offense under another section of the Texas Penal Code, it is possible for the person who is alleged to have committed the offense to be prosecuted under either section or even under both sections.

Texas Criminal Defense Attorney Alex Tyra – Helping Texans Resolve Criminal Matters

Accusations of human trafficking can be intimidating, but you do not have to face those accusations alone. An experienced Texas Criminal Defense Attorney can protect your rights, and they can help you sort through the details of your human trafficking case and build a strong defense on your behalf. Skilled defense attorneys know what to look for, and they can analyze every aspect of your case to find the areas that are likely to be problematic for the prosecution. Perhaps you did not have the required intent to have committed the act that you are alleged to have committed, or you have been wrongfully charged with a crime due to a mistaken identity. So many things could happen that could result in criminal charges being brought against parties who are not in fact guilty of the crimes they are alleged to have committed. If you have questions about a human trafficking case or any other Texas criminal matter, please call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499 or contact us online to find out whether we can help you.

 

 

 

Texas Criminal Defense Attorney Talks about Lone Star Card Fraud

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For some Texans, the Lone Star Card can make the difference between not having enough to eat and being able to feed themselves and their families. Over four hundred million dollars are distributed to families each month through the Lone Star Card program. Unfortunately, as is the case with food assistance card programs across America, Lone Star Cards are sometimes stolen or obtained fraudulently. Both using a Lone Star Card that belongs to someone else and obtaining Lone Star benefits by providing false or misleading information are crimes. If you have been charged with theft in relation to a Lone Star Card or with obtaining a Lone Star Card fraudulently, it is important that you speak with a Texas criminal defense attorney.

A story out of Lufkin describes one way in which Lone Star Card theft can play out. In September, a woman’s purse was stolen from her vehicle. After the purse was stolen, someone used the woman’s driver’s license and Social Security card, which were in the purse, to change the PIN number for her Lone Star Card, which was also in the purse. The Lone Star Card was then used at two grocery stores in Lufkin, and also at Wal-Mart.

Images of a woman using the stolen card to purchase approximately two hundred dollars’ worth of groceries at Wal-Mart were captured by security cameras in the store. The woman’s appearance is distinctive. She has black skin and curly platinum blonde hair (or she was wearing a platinum blonde wig). She was wearing white wireless headphones around her neck at the time the security camera captured her image. The woman’s unique appearance and the fact that a reward is being offered to aid authorities in locating her may eventually aid law enforcement in apprehending her.

Obtaining Lone Star Card benefits fraudulently is also a crime. It is estimated that a little over four million dollars in Lone Star benefits are obtained through the use of fraud each month. When an allegation of Lone Star Card fraud theft is filed, investigators from the Office of the Inspector General look into it. Investigators have seen people obtain Lone Star Card benefits that they did not qualify for in a variety of ways. Some individuals omit mention of their spouse’s work history and income. Others cross the border from Mexico and use a friend’s or relative’s address to apply for and receive benefits. Then, they purchase food and try to bring it back into Mexico. These individuals often end up being apprehended at the border, because Customs and Border Protection officers ask individuals who have groceries in their vehicles to show them their grocery receipt as well as their documentation. If the groceries were paid for with Lone Star benefits but the person is a resident of Mexico, the person loses their passport and is denied reentry into Mexico.

Texas Criminal Defense Attorney Alex Tyra – Helping Texans Resolve Criminal Matters

If you have been charged with stealing a Lone Star Card, Using a stolen Lone Star Card, or obtaining Lone Star benefits fraudulently, a knowledgeable criminal defense attorney can protect your rights and help you work on resolving your criminal matter. Please call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499 or contact us online to find out whether Attorney Alex Tyra can help you.

 

 

Texas Criminal Defense Attorney Talks about Violations of Probation

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For many Texans who are accused of crimes, probation is an attractive alternative to incarceration. Probation can be a good way for you to remain engaged in the productive things that you were doing in your community prior to being charged with a crime – as long as you follow the rules. Each individual who is on probation has a probation agreement that is designed to help them avoid getting into trouble with the law again. Some common provisions that are included in many probation agreements are abstinence from alcohol and substance use and meeting regularly with a probation officer. Understanding the terms of your probation agreement and abiding by them really is the only way to make probation work well for you.

Since following the rules of your probation is so important, keep a copy of your probation agreement where you can easily reference it. Also, build a strong relationship with your probation officer because they can be a good source of information and support during your probation. If you have a question about whether something that you would like to do, such as visiting friends or family out of state for the holidays, would be a violation of your probation, ask your probation officer about it before doing it.

If something occurs and you are thought to have violated your probation, Sections 521.295 and 521.296 of the Texas Code of Criminal Procedure specify that a hearing will be held with the purpose of determining whether you did in fact violate one or more terms of your probation. Information that will be discussed at the hearing is not strictly limited to whether or not you violated your probation agreement, the nature of your violation, the seriousness of your violation, and whether this is your first violation or a subsequent violation all weigh on the outcome of the hearing.

The outcome of your violation of probation hearing will dictate whether some or all of the consequences for violation of probation that were set forth at your original probation hearing will take effect. One possible outcome is that you walk away from the hearing with a warning. This outcome is more likely for first-time violators whose violations are not serious. Some violations, such as those for using drugs or alcohol or engaging in prohibited activities may indicate that you need additional support in order to successfully comply with your probation agreement. If this is the case, you may be ordered to attend a drug or alcohol treatment program, or to attend counseling. If you are found to have violated probation, you may also be ordered to perform a specific amount of community service or to pay a fine. Unfortunately, some violations of probation have very serious consequences including temporary jail time, an extension of the probation term, revocation of probation and confinement for the remainder of the term, or even new criminal charges if you committed a crime while violating probation.

Texas Criminal Defense Attorney Alex Tyra – Providing Texans with a Strong Defense

It is important that you be represented by an attorney at a violation of probation hearing. These hearings take place before a judge, and your attorney can present evidence and testimony from witnesses during the hearing.  If you have been charged with violating probation, Texas Criminal Defense Attorney Alex Tyra may be able to help you. To learn more, please call our office today, at (903) 753-7499. Alternatively, you may contact us online.

 

 

 

Texas Criminal Defense Attorney Discusses Concerns Surrounding the Use of DNA Evidence

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In recent years, the use of DNA evidence has become more and more widespread in criminal cases. Recent concerns regarding the accuracy of DNA evidence have called into question the verdicts of thousands of criminal cases in which that evidence was instrumental in making a conviction.

The collection and analysis of DNA evidence is a scientific process. Just as is the case with other types of science, such as medicine, scientists are constantly gaining new insights and making new developments in the field of DNA analysis. This means that the methods that have been used to analyze DNA samples have not remained the same over time. Continued innovation and insight are valuable, but, just as is the case with other types of science, as our knowledge and experience with DNA increases, we may learn that what we had previously thought to be correct is actually incorrect. Recent advancements in the field of DNA analysis indicate that crime labs all over America may have misinterpreted the results of some DNA tests.

In misinterpreting the results of mixed DNA tests, crime labs may have unintentionally miscalculated the probabilities associated with the samples that were tested. DNA evidence is sometimes explained to jurors as a type of evidence that can provide an answer to questions regarding the likelihood that a certain event occurred. For example, how likely is it that anyone besides the defendant in a criminal case was present at the crime scene? Some estimates suggest that the misinterpretation of mixed DNA test results could have generated statements regarding probability that were extremely inaccurate, such as a one in fifty chance being described as a one in a million chance.

The potential implications of the aforementioned concerns are, as you might imagine, rather serious. The logistics involved in retesting thousands of DNA samples are both complex and costly. There have been over twenty five thousand cases in Texas alone which took place after 1999 and in which mixed DNA evidence was involved. There are serious legal concerns regarding the rights of criminal defendants who may have been convicted by juries who were misled by the seeming credibility and certainty of DNA evidence. These defendants may need to be retried, which could be very difficult for the defendants, the crime victims, and their families.

Texas Criminal Defense Attorney Alex Tyra – Providing Strong Defense When Texans Need it Most

Although there are currently some concerns regarding the analysis of DNA evidence, these concerns are not likely to reduce its role in criminal cases. An experienced criminal defense attorney understands all of the types of evidence that are used in criminal cases, and they can use this knowledge to build a strong case on your behalf. If you are charged with any type of crime, Texas Criminal Defense Attorney Alex Tyra may be able to help you. To learn more, please call our office today, at (903) 753-7499. Alternatively, you may contact us online.

 

 

 

Texas Criminal Defense Attorney Discusses Concerns Surrounding the Use of DNA Evidence

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In recent years, the use of DNA evidence has become more and more widespread in criminal cases. Recent concerns regarding the accuracy of DNA evidence have called into question the verdicts of thousands of criminal cases in which that evidence was instrumental in making a conviction.

The collection and analysis of DNA evidence is a scientific process. Just as is the case with other types of science, such as medicine, scientists are constantly gaining new insights and making new developments in the field of DNA analysis. This means that the methods that have been used to analyze DNA samples have not remained the same over time. Continued innovation and insight are valuable, but, just as is the case with other types of science, as our knowledge and experience with DNA increases, we may learn that what we had previously thought to be correct is actually incorrect. Recent advancements in the field of DNA analysis indicate that crime labs all over America may have misinterpreted the results of some DNA tests.

In misinterpreting the results of mixed DNA tests, crime labs may have unintentionally miscalculated the probabilities associated with the samples that were tested. DNA evidence is sometimes explained to jurors as a type of evidence that can provide an answer to questions regarding the likelihood that a certain event occurred. For example, how likely is it that anyone besides the defendant in a criminal case was present at the crime scene? Some estimates suggest that the misinterpretation of mixed DNA test results could have generated statements regarding probability that were extremely inaccurate, such as a one in fifty chance being described as a one in a million chance.

The potential implications of the aforementioned concerns are, as you might imagine, rather serious. The logistics involved in retesting thousands of DNA samples are both complex and costly. There have been over twenty five thousand cases in Texas alone which took place after 1999 and in which mixed DNA evidence was involved. There are serious legal concerns regarding the rights of criminal defendants who may have been convicted by juries who were misled by the seeming credibility and certainty of DNA evidence. These defendants may need to be retried, which could be very difficult for the defendants, the crime victims, and their families.

Texas Criminal Defense Attorney Alex Tyra – Providing Strong Defense When Texans Need it Most

Although there are currently some concerns regarding the analysis of DNA evidence, these concerns are not likely to reduce its role in criminal cases. An experienced criminal defense attorney understands all of the types of evidence that are used in criminal cases, and they can use this knowledge to build a strong case on your behalf. If you are charged with any type of crime, Texas Criminal Defense Attorney Alex Tyra may be able to help you. To learn more, please call our office today, at (903) 753-7499. Alternatively, you may contact us online.

 

 

 

Texas Criminal Defense Attorney Discusses Concerns Surrounding the Use of DNA Evidence

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In recent years, the use of DNA evidence has become more and more widespread in criminal cases. Recent concerns regarding the accuracy of DNA evidence have called into question the verdicts of thousands of criminal cases in which that evidence was instrumental in making a conviction.

The collection and analysis of DNA evidence is a scientific process. Just as is the case with other types of science, such as medicine, scientists are constantly gaining new insights and making new developments in the field of DNA analysis. This means that the methods that have been used to analyze DNA samples have not remained the same over time. Continued innovation and insight are valuable, but, just as is the case with other types of science, as our knowledge and experience with DNA increases, we may learn that what we had previously thought to be correct is actually incorrect. Recent advancements in the field of DNA analysis indicate that crime labs all over America may have misinterpreted the results of some DNA tests.

In misinterpreting the results of mixed DNA tests, crime labs may have unintentionally miscalculated the probabilities associated with the samples that were tested. DNA evidence is sometimes explained to jurors as a type of evidence that can provide an answer to questions regarding the likelihood that a certain event occurred. For example, how likely is it that anyone besides the defendant in a criminal case was present at the crime scene? Some estimates suggest that the misinterpretation of mixed DNA test results could have generated statements regarding probability that were extremely inaccurate, such as a one in fifty chance being described as a one in a million chance.

The potential implications of the aforementioned concerns are, as you might imagine, rather serious. The logistics involved in retesting thousands of DNA samples are both complex and costly. There have been over twenty five thousand cases in Texas alone which took place after 1999 and in which mixed DNA evidence was involved. There are serious legal concerns regarding the rights of criminal defendants who may have been convicted by juries who were misled by the seeming credibility and certainty of DNA evidence. These defendants may need to be retried, which could be very difficult for the defendants, the crime victims, and their families.

Texas Criminal Defense Attorney Alex Tyra – Providing Strong Defense When Texans Need it Most

Although there are currently some concerns regarding the analysis of DNA evidence, these concerns are not likely to reduce its role in criminal cases. An experienced criminal defense attorney understands all of the types of evidence that are used in criminal cases, and they can use this knowledge to build a strong case on your behalf. If you are charged with any type of crime, Texas Criminal Defense Attorney Alex Tyra may be able to help you. To learn more, please call our office today, at (903) 753-7499. Alternatively, you may contact us online.

Texas Criminal Defense Attorney Discusses the Decriminalization of Truancy

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A sweeping change in the law ushered in the start of the new school year in Texas. Truancy is finally no longer a crime in Texas. Students who have previously been charged with truancy can breathe a sigh of relief. The provisions of the new law erase any unpaid truancy fines. The law also reinstates all drivers’ licenses that had been suspended as the result of truancy convictions and recalls all active truancy warrants, giving students who had previously been convicted of truancy a clean slate.

Truancy charges were very, very common prior to its recent decriminalization. This is not surprising, because students could be charged with truancy after only ten unexcused absences. In Dallas alone, the recent changes in school attendance law will affect twenty seven thousand students who had been previously charged with truancy.

The issue of children not attending school is going to be handled differently in Texas from now on. School districts must now make efforts to reach out to and work with any students who receive more than ten unexcused absences before they can take any legal action against them. If any legal action is to be taken after the school district tries to help a student address his or her attendance issues, it will be in the form of a civil case. Civil truancy cases are only allowed under certain circumstances. For example, students are immune from civil actions regarding truancy when they are the primary breadwinner for their family, or if they are homeless, pregnant, or in the state’s foster care system. In some counties, special needs students and students with mental health concerns are also exempt from civil truancy cases.

In situations where a civil action is pursued by a school district and the school district prevails, any student who does not comply with a court order can be held in contempt of court. The consequences of being held in contempt include fines of up to a hundred dollars, as well as license suspension. Parents should also note that the change in the law applies to students. Parents may still be charged with a Class C misdemeanor if they fail to send their kids to school.

Texas Criminal Defense Attorney Alex Tyra – Providing Strong Defense When Texans Need it Most

Although truancy is no longer a crime, there are still many ways in which teenagers and young adults can find themselves being accused of being on the wrong side of the law. If you are charged with any type of crime, it is important that you contact a Texas Criminal Defense Attorney right away. Criminal charges can have far-reaching impacts on many different areas of your life, so there is a lot at stake. Attorney Alex Tyra is a criminal defense attorney with experience in handling many different types of criminal matters. He may be able to help you with your criminal case, too. To learn more, call our office at (903) 753-7499 today. Alternatively, you may contact us online.