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Few people want a mistake they made years ago to follow them for the rest of their lives. Unfortunately, that’s exactly what a criminal record can do. Because a criminal record can affect a person’s ability to find a job, get good housing, or be an effective parent, many people request to have their criminal record expunged. Expunction vs. Nondisclosure Texas allows adults two general ways to clean up their arrest record — expunction and nondisclosure. Having your record expunged can permanently remove entries from your criminal history. However, it’s very limited and some convictions are not eligible for expunction. Nondisclosure (also commonly known as having a sealed record) can hide certain offenses/information from public record. However, they’ll still be visible to law enforcement, other criminal justice agencies, and certain government agencies. Expunction In Texas, expunction can only be applied to: Class C misdemeanors that resulted in deferred adjudication. Offenses that did not result in a conviction (no matter the level). Offenses where charges were not filed. Offenses where the charges were dismissed or the person accused was acquitted or pardoned. However, even if charges were never filed, there is a mandatory waiting period a person must wait before filing an application for expunction. The waiting period varies based on the crime: Class C misdemeanors: a 180-day waiting period. Class A and B misdemeanors: a 1-year waiting period. Felonies: a 3-year waiting period. Nondisclosure Texas also has two types of nondisclosure methods, including: Automatic Nondisclosure for First-Time Misdemeanors This course of action only applies to cases in which. This is a person’s first misdemeanor (regardless of level). The incident occurred after September 1, 2015. The misdemeanor resulted in deferred adjudication ending in discharge or dismissal. If you meet each of the above requirements, the judge will order a nondisclosure, meaning you don’t have to apply for or request one. There’s also no waiting period. Nondisclosure with Petition This is a court order that prohibits the courts and other law enforcement agencies from disclosing certain criminal records. A petition is required for all eligible offenses and for misdemeanors that don’t qualify for an automatic order. Ineligible Offenses If you’ve ever been convicted or received deferred adjudication for any of the following, you can not have your record expunged or sealed: Offenses that required you to register as a sex offender. Murder and capital murder. Aggravated kidnapping. Injury to a child, elderly or disabled person. Abandoning or endangering a child. Certain family violence offenses, sexual assault or abuse offenses, or stalking offenses. Are you looking to have your record expunged or sealed? Magaña & Van Dyke will take the time to get to know you and learn about your circumstances. Schedule a free consultation by calling us at 940-382-1976 or contacting us online.

Update: As described below, accusations that someone has possessed child pornography can lead to multiple types of serious consequences. However, it is also important to understand when a person could potentially be accused of promotion of child pornography, which is an even more serious offense. This sex crime can not only result in large fines and multiple years of jail time, but a person who is convicted will be required to register as a sex offender, which can limit where they will be able to live and affect their ability to find employment. Promotion of child pornography generally involves the distribution of illegal materials to others. Actions like transmitting digital files to someone else may lead to these types of charges. However, other activities may fall into this category, such as printing photographs, displaying videos to others, or advertising or offering to sell or distribute child pornography. Any attempts to give, deliver, or transfer materials that depict minors engaging in sexual conduct to others may result in charges of promotion of child pornography. In fact, possessing at least six identical copies of materials that are considered child pornography creates the presumption that a person intends to promote child pornography. A person who is accused of promotion of child pornography may be charged with a second degree felony. A conviction on second degree felony charges may result in a prison sentence of between two and 20 years. A second offense will be charged as a first degree felony, and a conviction may lead to a sentence of five to 99 years. It is also important to note that while state-level charges may apply, cases involving the distribution of child pornography may also be prosecuted at the federal level. Materials distributed over the internet may be transmitted through networks in multiple states or countries, and federal prosecutors may take action to pursue charges for offenses that affected interstate or international commerce. Contact a Denton County Promotion of Child Pornography Defense Lawyer Defending against charges related to child pornography requires representation by an attorney who understands the applicable laws and has experience in these matters. At Magaña & Van Dyke, our Denton sex crimes attorney can help you understand your options for defending against these accusations, and we will fight to help you avoid a conviction while protecting your rights and your reputation. Contact us today to set up a free consultation. Texas takes sex crime offenses very seriously, especially when they are perpetrated against a minor. It is illegal to create, sell, distribute, or possess sexual images, videos, and other media of children under 18. Convicted persons who have violated Texas child pornography laws face heavy fines, prison time, and lifetime registration as a sex offender. Registered sex offenders have to provide personal information to the public, including their photograph, where they live, and the charges they have been convicted of. If you have been charged with child pornography -related crimes, a sex crimes defense attorney will be essential to helping you build a strong defense. Possession of Child Pornography in Texas Texas law enforcement has many different ways of finding child pornography in someone’s possession. In addition to getting a search warrant and searching someone’s home for physical evidence, they may also try to catch perpetrators in the following places: Peer-to-peer file sharing-networks Internet caches Internet search histories Text messages Computer files Internet service providers that report to federal law enforcement Online police stings in chat rooms and other websites However the child pornography has been found, a first-time conviction for possession is a third-degree felony that carries 2-10 years in prison and up to $10,000 in fines. Second convictions are second-degree felonies that carry up to 20 years in prison and a third conviction can result in up to 99 years in prison - essentially a lifetime. Criminal Defense Strategies for Child Pornography Charges An experienced sex crimes defense attorney can help Texans charged with possession of child pornography build a strong defense against the charges. This may include proving the material did not actually belong to the defendant, such as in the case of a shared computer. Another defense may be to establish that the material does not meet the definition of child pornography as set forth by the law. A third track a defense attorney might take could be unintentional possession, by showing the defendant received the material by accident. Speak with a Denton Sex Crimes Defense Lawyer At Magaña & Van Dyke, we know how serious child pornography charges can be. That is why our Denton County sex crimes defense attorneys are dedicated to making sure our clients are given an aggressive defense. We provide a straightforward, nonjudgmental environment where you can get the legal counsel you need to protect your rights. Call us today at 940-382-1976 to schedule a free consultation. Source: https://statutes.capitol.texas.gov/StatutesByDate.aspx?code=PE&level=SE&value=43.26&date=6/28/2014

Drunk driving is a national concern every day of the year, but arrests tend to spike around the holidays. And even though most celebrations will look a bit different this year due to COVID-19, the winter holidays and New Year’s Eve celebrations will still cause an increase in binge drinking, alcohol-related violence, and DWI arrests. Driving While Intoxicated During the Winter Holidays Drunk Driving in Texas — Fast Facts Approximately 10.22% of Texas residents have been involved in a drunk driving crash at some point in their lives. More than 24% of Texas drivers who have driven drunk have been charged with a DWI or DUI. Approximately 14% of Texas drivers who have driven drunk have served jail time for doing so. On average, drivers with a DWI on their record can expect to pay an extra $569 annually in insurance premiums. Approximately 36.8% of Texas residents have been a passenger in a car with an impaired driver. Why Drunk Driving Arrests Spike Around the Holiday Season Drunk driving can happen at any time and any day, but it’s more prevalent during the holidays because: People are drinking more often. During a typical week in the spring, most people only enjoy a few drinks on the weekend. However with holiday celebrations in full swing throughout much of November into January, people are simply drinking more often. Police are hypervigilant. Police know that the holidays are a time when drinking and driving is more prevalent, so they’re looking for any traffic violation that warrants being pulled over. Law enforcement agencies are also more likely to set up DUI checkpoints between Thanksgiving and the first week of January. Arrested for a DWI in Texas? Call Magaña & Van Dyke Though drunk driving is 100% preventable, we understand that accidents happen and people occasionally make poor judgment calls. A DWI arrest doesn’t have to impact the rest of your life or cost you thousands. At Magaña & Van Dyke, we’ll work tirelessly to have your charges reduced or dropped altogether.

No couple enters into a marriage thinking it will end in divorce. Unfortunately, that’s the outcome for roughly 50% of all marriages. In 2019, nearly 800,000 couples filed for divorce — many of them between January and March. Whether because you don’t want to deal with prying family members around the holidays or you don’t want to affect your children's holiday season by announcing your divorce late in the year, many couples wait to file for divorce until the New Year. Filing for Divorce in Texas Divorce may be common these days, but it’s still a complex family legal issue that can have a significant impact on your and your kids’ future. Before you file, below are a few things every couple should know: Be sure you’re ready to file. Unlike many other states, Texas doesn’t recognize legal separation — even if you and your spouse live apart from one another for years, your assets and debt are communal property. Texas law allows for "no-fault" divorce. This means the spouse filing for divorce does not have to prove any fault, wrongdoing or marital misconduct (adultery, abandonment, etc.) on the part of the other spouse. Make sure you meet residency restrictions. A couple filing for divorce must have lived in Texas continuously for at least six months, and one of the spouses must have lived in the United States for at least 90 days. Invest in an attorney. You likely know someone, if not a few people, who have gotten a divorce. But no matter how many stories you’ve heard or advice you’ve listened to, divorce is complicated and requires a deep understanding of the law and lots of paperwork. Even one small slip up can cost you in the end. The Process of Filling Unlike signing a marriage certificate, filing for divorce is a process that takes several steps. And if you’re undergoing a high networth or contested divorce, the whole process can take years. Because every divorce is different, the process will be unique for everyone. However, the process traditionally goes as followed: File the petition for divorce. To start the divorce process, one spouse has to file a petition with the court called the "Original Petition for Divorce" and pay the court fee. Legally notify your spouse. Unfortunately, it’s not enough to call or text your spouse and let them know you filed for divorce. Your spouse (the Respondent) must be formally served papers informing them that you (the Petitioner) have filed for divorce. Respondents can either be served or sign a waiver: A citation: One spouse is provided legal notice of the petition. A Waiver of Service: This waiver acknowledges that the Respondent is aware that the petition has been filed (it doesn’t mean they agree to what was written in the petition). Attend a hearing. A divorce requires a lot of communication, as you’ll now have to determine child support and custody (if you have children), and asset and debt division. If you and your spouse have an amicable relationship, you may be able to determine these matters in one or two hearings. However, a contested or high net worth divorce can require an extensive knowledge of the law in order to make sure each spouse is getting what’s fair. Sign the divorce decree. Once you and your partner (or you and your partner’s attorneys) have come to an agreement, it’s time to sign the final divorce decree. Though most cases take several months to go from filing the petition for divorce to signing divorce papers, Texas does have a "cooling off" period of 60 days. Certain jurisdictions also have laws and regulations on how long parties must wait to get remarried. If you're going through a divorce, it's essential to have an attorney on your side who you can trust. Our Denton divorce lawyers deliver legal representation with honesty and integrity, and we will provide the sound advice and guidance you need. Magaña & Van Dyke will take the time to get to know you and learn about your circumstances. Schedule an initial consultation by calling us at 940-382-1976 or contacting us online.

It’s a common misconception that only those found guilty of a crime have a criminal record. However, if you’re arrested, charged, or convicted of a crime, Texas will put this information on your criminal record. After “paying your debt to society” through fines, jail time, or probation, many people believe they can now put this chapter behind them and start fresh. Unfortunately, a person’s criminal history can make that a difficult thing to do. The Effects of a Criminal History Employment Employers can disqualify candidates for a number of reasons, including a previous arrest or conviction. Additionally, Texas has laws that disqualify felons from applying for certain jobs throughout the state, including law enforcement, teaching, the restaurant/bar industry, and medical first responders. Schooling A criminal history can affect a person interested in going to college, attending trade school, or starting their own business. Not only can schools deny a person because of their criminal history, but certain drug or sexual convictions also prohibit you from receiving grants or student loans. Housing Landlords can deny a person’s application because of their criminal record or probationary status. Unfortunately, this doesn’t just affect the person who has a criminal history, it also affects their family and children. Furthermore, not having access to safe, affordable housing can also affect a person’s ability to maintain custody or visitation. Driving Privileges If a person’s offense involved alcohol or drugs, especially while driving, it can lead to a 180-day suspension of their driver’s license or a restricted license. A person may also be required to take a drug education course before regaining their right to drive. Your Right to Bear Arms Texas law states that convicted felons must wait five years after their prison or parole sentence has ended to legally own a firearm. Additionally, people with a felony conviction can only own a firearm in their residence, even well after the five year waiting period has ended. If your prison sentence ended 10 years ago and you’re found with a legal firearm in your car, you could be charged with unlawful possession of a firearm. Certain class A misdemeanor and felony convictions will make you completely ineligible to carry a firearm. Harsher Punishments for Subsequent Crimes During sentencing, courts take a few different things into consideration, including your criminal history. This is why first-time offenders tend to receive lesser sentences. If you have a criminal history (even if it was from many years ago), it can lead to more severe penalties if you’re convicted of a recent crime. Do You Qualify for Expunction or Nondisclosure? Because of these restrictions on school, housing, and your liberties, many people with a criminal history request to have their record cleaned up through expunction or nondisclosure: While expunction is more widespread and permanent, it’s also very limited. Many convictions are not eligible for an expunction request. Nondisclosure (also known as having a record sealed) is more widely accessible, however it only hides certain offenses from public record meaning the history is still visible to law enforcement and government agencies. Below are offenses that are ineligible for expunction or nondisclosure: Offenses that required you to register as a sex offender; Murder and capital murder; Aggravated kidnapping; Injury to a child, elderly or disabled person; Abandoning or endangering a child; Certain family violence offenses, sexual assault or abuse offenses, or stalking offenses. Are you looking to have your record expunged or sealed? Magaña & Van Dyke will take the time to get to know you and learn about your circumstances. Schedule a free consultation by calling us at 940-382-1976 or contacting us online.

Probation is one of the most common alternatives to jail after someone pleads guilty or is convicted of a crime. And while probation may spare someone jail time, it doesn’t mean they’re able to go about life as normal. What is Probation? Many people convicted of a crime will be given probation — a court-ordered sanction that allows a person to stay out of jail and in the community while under strict supervision. Ultimately, a person on probation is supervised by a probation officer and must abide by the specific conditions of their sanction. Probation can mean many things — it can include fines, restitution, house arrest, community service, and more. Those on probation also often have to abstain from drugs and alcohol, undergo drug testing, and regularly check in with their probation officer. Violating Probation Can Lead to Serious Consequences There are many ways someone can violate their probation. Some of the most common violations are: Commission of a new offense Failing to report Testing positive for drugs or alcohol Failing to complete mandatory classes or community service Failing to pay child support Failure to pay fines and costs The repercussions for violating your probation depend on a few different factors, but it mostly relies on how severe the violation was and the circumstances surrounding it. Violating your probation can lead to serious consequences including jail or prison time. Magaña & Van Dyke will take the time to get to know you and learn about your circumstances. Schedule a free consultation by calling us at 940-382-1976 or contacting us online.

Whether on TV or during conversations with friends, the words "theft" and "robbery" are often lumped together and used interchangeably. And while they share a lot of similar characteristics (i.e., taking someone else’s property), there are substantial differences between the two — especially in the eyes of the law. The Legal Definition of Theft vs. Robbery Theft, also known as larceny, petty theft, and grand theft (depending on the monetary value of what’s stolen), involves taking someone’s property that doesn’t belong to you. This could include scenarios like taking a wallet that was left behind in a restaurant, stealing a bike left outside of a store, or shoplifting. Theft involves: Property: Intent to take someone’s property or goods. Wrongful: Theft involves deceit or trickery to take someone else’s property. Deprive: To prove theft, it has to be clear that a person intended to permanently deprive the rightful owner of their property. The major difference between theft and robbery is that robbery is taking something from a person, using force or the threat of force. Robbery involves: A person: To be found guilty of robbery, you have to take something from someone. If an item was left behind, it would not constitute robbery. However, if you grabbed a wallet out of someone’s hand, that may be considered robbery. Violence: Unlike theft, robbery is a violent crime. That being said, the victim doesn’t have to suffer an injury for a crime to be violent. The threat of violence, such as holding a gun or knife to someone or verbally threatening them with future violence still constitutes a violent crime. Burglary is also commonly thrown into the mix when we talk about theft and robbery. And while burglary can involve taking something that doesn’t belong to you, the actual definition is a bit broader. To commit a burglary, you must enter a structure or dwelling with the intent to commit a crime within it — any crime. Magaña & Van Dyke will take the time to get to know you and learn about your circumstances. Schedule a free consultation by calling us at 940-382-1976 or contacting us online.

If you’ve ever watched crime dramas on TV, you’ve probably heard the phrase, “if you can not afford an attorney, one will be appointed to you.” This is one of the cornerstones of our justice system — everyone is entitled to a lawyer, regardless of their income or circumstances. That being said, not all lawyers are created equal. When facing criminal charges, you have the choice between a public defender or hiring a private attorney. And when facing potentially serious consequences, it’s important to understand the difference between the two and which option is best for your situation. Understanding the Difference Between a Public Defender and Private Attorney The Downfall of Public Defenders If you receive a court-appointed lawyer, you’re likely getting a public defender. While this lawyer will come at no cost to you, there are several reasons why this is not in your best interest: You have no say in who represents you. You’ll receive whichever public defender is assigned to you by the state, meaning you have no say in who is picked for the job. Switching public defenders is difficult. If you decide you do not like your public defender or feel they’re not representing you well, it’s nearly impossible to have them removed and to get another court-appointed lawyer. Public defenders are overworked. Just like you have no say in who defends you, public defenders can not turn down cases they’re assigned to by the state. This means your average public defender is working dozens of cases at the same time. With so many clients to care for, they may not have the necessary time to dedicate to your case. Your lawyer may be inexperienced. Though not always, many public defenders are young and only recently passed the bar exam. With little criminal court experience, they may not yet be capable of handling the complexities of your case or defending you to the level you deserve. A Private Attorney Puts You in Control From jail time to difficulty securing employment, a criminal conviction can have serious effects on the rest of your life. Don’t leave your future up to chance. Unlike a public defender, private attorneys: Have control over their caseload. A private attorney never has to take a case. After an initial consultation, our lawyers look at their account load and only agree to take you on as a client if they have the time needed to provide you with the very best defense. Often specialize in one area. Since our founding in 2007, our attorneys have provided high-quality service in Denton County and the surrounding areas. Our team specializes in criminal defense matters, including DWIs, sex crimes, drug charges, robbery, and murder. Have more resources at their disposal. If you’re facing serious charges, you need more than just a good lawyer. At Magaña & Van Dyke, we work as a team, which means you can be confident that we will keep your case files organized. Are more accessible. Because they’re working on so many cases, it may be difficult to contact your public defender when you have questions. However, our large team and resources means that someone will be available to help with your every need. Have you been charged with a crime in Denton and surrounding areas? Magaña & Van Dyke will take the time to get to know you and learn about your circumstances. Schedule a free consultation by calling us at 940-382-1976 or contacting us online. With over 20 years of combined experience, thousands of cases handled, and strategic approaches, we give you our word that we’ll provide nothing short of exceptional criminal defense in trial, and we will strive to get the case dismissed altogether if possible.

After a person is found guilty of a crime, they may be put on probation — a sanction that’s been ordered by the court system. Probation allows a person to stay in the community, so long as they're supervised by a probation officer and follow any other court-ordered rules. While probation is almost always a more preferential sanction than jail or prison time, it’s not without its own set of rules and regulations, many of which can impact your life. After a few months or years, many people begin to wonder if it’s possible to get off probation (or deferred adjudication) early. Probation vs. Deferred Adjudication Unlike probation, deferred adjudication is not a conviction. If you’re placed on deferred adjudication, you’ll likely have to report to a probation officer and abide by the terms of your probation while living within the community. However, you are not found guilty when placed on deferred adjudication. If you successfully complete all of the conditions, you will be discharged from deferred adjudication and the case will be dismissed. One of the biggest benefits of successfully completing your deferred adjudication is that you will not be a convicted criminal. Completing Probation or Deferred Adjudication Early Can I complete probation early? Yes. If you were placed on probation, the law typically requires defendants to serve at least one-third of the original sentence while on probation before being eligible for early release. Take, for example, someone sentenced to one year of probation. They will have to serve four months before early release can be considered. For those sentenced to probation for longer than two years, the law varies slightly. If you’re interested in early release, reach out to the team at Magaña & Van Dyke. Can I complete deferred adjudication early? Yes. Trial court judges are capable of releasing someone from deferred adjudication at any time. However, it’s important to note that you can not be released until all other conditions of your probation are met (fines are paid, community service is completed, any required classes were attended and completed, etc.). Ultimately, the best way to increase your chances of being released from probation or deferred adjudication early is to stay out of trouble, avoid drugs and alcohol, and abide by all other conditions of your release. Magaña & Van Dyke will take the time to get to know you and learn about your circumstances. Schedule a free consultation by calling us at 940-382-1976 or contacting us online.

Facing criminal charges is one of the most overwhelming, scary, and uncertain experiences a person can go through. With everything from your freedom to reputation on the line, you should never take a charge — whether misdemeanor or felony — lightly. Regardless of how much work you believe you can do yourself, the criminal justice system makes it virtually impossible for people to adequately represent themselves. With so much on the line, it’s always best to put your trust in an experienced attorney. Why You Should Hire a Defense Attorney 1. They understand the criminal justice system. No one understands the intricacies of the criminal justice system better than a defense lawyer. Even if you’ve been through the system before or believe you have a strong understanding of how everything works, the nature of criminal cases is incredibly complicated. At Magaña & Van Dyke, we take pride in the fact that we walk our clients through every step of the process, explaining what they can expect and answering any questions. 2. Defense attorneys have a relationship with other prosecutors. While it may be easy to assume that defense attorneys and prosecutors are strict adversaries, they actually work together quite often. If your attorney has a positive relationship with other prosecutors, it can dramatically improve the chances of you receiving a more favorable result. 3. They can manage expectations. Everyone who works on our team genuinely cares about their clients. Therefore, we never want clients to feel blindsided by an unexpected outcome. After reviewing the details of a client’s case, we’ll discuss the potential outcomes they could face before working tirelessly to help them receive a favorable outcome. 4. They have years of experience with similar cases. Our Magaña & Van Dyke criminal attorneys have over 20 years of combined experience in the justice system. With a strong focus on criminal law, we have years of experience handling cases ranging from first-time DWI offenses to violent crimes. Magaña & Van Dyke will take the time to get to know you and learn about your circumstances. Schedule a free consultation by calling us at 940-382-1976 or contacting us online.