The state of Texas has strict laws concerning domestic violence, which is generally referred to as “family violence” in the state’s statutes. If you are accused of family violence, you may face severe consequences, including criminal charges related to domestic assault, sexual assault, child abuse, or other offenses. However, in many cases, the most immediate concerns may be related to protective orders that could affect multiple aspects of your life. If you are worried about how you may be affected by an order of protection after being arrested for or accused of family violence, you can work with a criminal defense attorney to determine how to respond to these issues.

Protective Orders in Texas Family Violence Cases

A person who believes that they or their family members may suffer harm due to domestic violence may apply for an emergency protective order, and they will usually be required to appear before a judge and explain why the order is needed. This is also known as an “ex parte” order, which means that only one party needs to be present at a court hearing, and a protective order may be issued without the person who is accused of family violence being given a chance to defend themselves against the accusations.

If police are called to respond to a domestic incident, and they believe that one party has committed family violence, they may perform an arrest and pursue criminal charges. In these cases, a judge may choose to issue a Magistrate’s Order of Emergency Protection, which is similar to an ex parte protective order. Either of these types of orders may place restrictions on the person accused of domestic violence, including prohibiting them from committing any form of abuse, excluding them from their family home, and preventing them from contacting their spouse, partner, children, or others named in the order. An emergency protective order will usually remain in effect for 20 days, and a Magistrate’s Order of Emergency Protection may last from 31 to 91 days depending on whether a case involved serious bodily injuries or the use of a deadly weapon.

Before the expiration of an emergency order, a hearing will be held to determine whether long-term protections are necessary. At this hearing, both sides will be able to give their side of the story and present evidence. If a judge believes that family violence has occurred and is likely to occur in the future, they may issue a protective order. Most of the time, a protective order may last for up to two years, although the duration of an order may exceed two years if a judge determines that a person committed an act of family violence that is a felony offense, if the person who suffered the abuse sustained a serious bodily injury, or if the person accused of family violence had previously been the subject of at least two protective orders.

An order of protection may state that the person accused of family violence cannot contact members of their family or household directly or indirectly, and it may give exclusive possession of a family home to the applicant. A person may also be required to undergo counseling and turn over any firearms. An order may also address custody and placement of a couple’s children, require one party to pay financial support to the other and make decisions about the possession and use of jointly-owned property. A person will be required to follow all terms in the order, and a violation of any of the terms could result in additional criminal charges.

Contact Our Cooke County Family Violence Lawyer

While an arrest for family violence will not automatically result in an order of protection, a judge may determine that protections are necessary, or, in some cases, a protective order may be requested. In these situations, it is essential for anyone who has been accused of family violence to understand their requirements and the options for defending themselves. At Magaña & Van Dyke, our Denton County domestic violence defense attorney can provide effective legal representation, helping those accused of these offenses protect their rights and avoid serious consequences. To arrange a free consultation, contact our office today at 940-382-1976.

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Being charged with a sex crime is a serious matter, and the consequences that come with a conviction can be severe. In addition to facing lengthy prison sentences, large fines, and periods of probation, a person who is convicted of this type of offense will have to register as a sex offender. Being on the sex offender registry can limit a person’s employment prospects, make it difficult to find housing or pursue education, and cause irreparable damage to their reputation and personal relationships. Anyone who has been charged with a sexual offense will need to understand the potential sex offender registration requirements that may apply if they are convicted. By working with an experienced criminal defense attorney, they can determine the best steps to take to avoid these consequences.

Texas Sex Offender Registration Requirements

In Texas, anyone who has a “reportable conviction or adjudication” will be required to register as a sex offender. The offenses that require registration include:

• Sexual assault or aggravated sexual assault
• Indecency with a child
• Continuous sexual abuse of a young child
• Online solicitation of a minor
• Incest
• Solicitation of prostitution, compelling prostitution, or aggravated promotion of prostitution
• Human trafficking
• Child pornography offenses, including possession or promotion of child pornography or inducing or encouraging a sexual performance by a child
• Aggravated kidnapping with the intent of committing sexual abuse against the victim
• Burglary with the intent of committing sexual assault or another sex crime
• A second conviction for indecent exposure

Notably, sex offender registration requirements may apply even if a person was not convicted of a sex crime. An adjudication of delinquent conduct in a juvenile law case or a deferred adjudication may require sex offender registration. Registration may also be required as part of the terms of community supervision (probation). People who were convicted of sex crimes in other states or countries will be required to register as sex offenders in Texas if they will be living, working, or attending school in the state.

Sex offenders will be required to register with the local law enforcement agency (the police department or county sheriff) in the city or municipality where they will reside. Registration must be completed within seven days after a person arrives in the area. They will be required to provide identifying information, including their name, birth date, height, weight, race, sex, eye color, hair color, driver’s license number, and Social Security number. Other required information will include their home address, phone numbers they use, a photograph, online aliases such as email and social media accounts, vehicle registration information, the name and address of their employer or any schools they will be attending, and information about their offense.

The length of time a person will be required to register will depend on the type of offense. In general, sex offender registration will last for a minimum of 10 years. However, those who were convicted of sexually violent offenses or crimes against children will be required to register for life.

Being required to register as a sex offender is undoubtedly a challenging situation. Fortunately, there are resources available to help offenders address their actions and reintegrate into society successfully. For example, the Texas Department of Criminal Justice provides sex offender rehabilitation programs that are meant to reduce the likelihood of future offenses. Additionally, some organizations, such as the Association for the Treatment and Prevention of Sexual Abuse, work to reduce recidivism and promote public safety by providing evidence-based treatment and education to sexual offenders.

Contact Our Denton County Sex Crimes Defense Lawyers

Sex crimes are undoubtedly serious, and the consequences that come with a conviction can be severe. If you or someone you know has been charged with a sex crime, it is essential to understand the implications of registration as a sex offender, as well as your options for defending against these types of charges. At Magaña & Van Dyke, our Cooke County sex crime defense attorneys can advise you of your options in these situations, and we will fight to make sure your rights are protected. Contact us at 940-382-1976 to set up your free consultation.

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Divorce can be a complex and emotionally charged process, particularly when it comes to dividing assets. Retirement benefits are often a significant part of a couple’s financial planning, and they are just one of many important factors to consider during a divorce. It is important for divorcing spouses to understand the various types of retirement benefits they may need to address, how these assets may be divided, and what factors are involved in the process.

Types of Retirement Benefits

There are several different types of assets that spouses may rely on to provide for their financial needs when they retire in the future. Each of these assets may be treated differently during a divorce. Here are some common types of retirement benefits:

• Defined contribution plans – These plans are funded by an employee, usually by deducting a certain amount from their income and depositing these funds into a retirement account. A person’s employer may also make contributions on the employee’s behalf, such as by matching a certain percentage of the amounts deposited into an account. Examples of these types of plans include 401(k) accounts, Thrift Savings Plans, and individual retirement accounts (IRAs).
• Defined benefit plans – These plans provide a guaranteed benefit to employees upon retirement. The amount a person will receive will usually be based on a formula that takes into account factors such as their average salary and their years of service. Examples of these types of benefits include pensions and annuities.
• Military retirement benefits – People who have served in the U.S. military, including active-duty servicemembers, retirees, and veterans, may be eligible for benefits that will provide them with income after they retire.

Dividing Retirement Benefits Between Divorcing Spouses

If retirement benefits were earned or if contributions were made to retirement savings accounts during a couple’s marriage, these assets will be considered marital property that will need to be divided between spouses during the divorce process. In many cases, spouses are able to negotiate agreements in which the funds in retirement accounts will be divided fairly along with other marital assets. Funds may need to be transferred from one account to another during this process.

When transferring or withdrawing funds from retirement accounts, couples will usually need to use Qualified Domestic Relations Orders (QDROs). These court orders will specify the amount that should be paid to an alternate payee (someone other than the account holder), and they will be provided to the administrator of a retirement plan. This will allow funds to be withdrawn before retirement age without taxes or penalties being applied. QDROs can be used for accounts such as 401Ks, and for IRAs, a “transfer incident to divorce” may allow funds to be withdrawn and transferred to the other spouse.

Dividing pension benefits or other defined benefit plans may be a more complicated process, especially when spouses do not know the amount that the pension holder will receive after they retire. In many cases, the non-pension-holder spouse will be entitled to receive a certain percentage of the pension holder’s benefits. In these situations, a QDRO will be used to specify the amount that the pension plan administrator will pay to an alternate payee.

Contact Our Cook County Retirement Asset Division Lawyers

Dividing retirement benefits during a divorce can be a complex process. However, by knowing what types of retirement benefits you and your spouse own and what methods of division are available, you can work with a Denton County property division attorney to create a fair and equitable settlement that protects your financial future. Contact our office today by calling 940-382-1976 to schedule an initial consultation.

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The dangers of drunk driving have been well-established. The use of alcohol or drugs can significantly impact a person’s ability to operate a vehicle safely, and a person who is intoxicated is much more likely to be involved in an accident that could result in serious injuries or fatalities. Because of these risks, anyone who is accused of operating a vehicle after using drugs or alcohol may face criminal charges for driving while intoxicated (DWI). In most cases, a first-time DWI will be charged as a misdemeanor, and while a variety of penalties will apply, a person usually will not face a lengthy prison sentence if they are convicted. However, there are some situations where a DWI arrest may result in felony charges, and a person may be sentenced to one year or more in prison.

What Constitutes a Felony DWI?

In Texas, the basic charge for driving while intoxicated is a Class B misdemeanor, although a charge may be elevated to a Class A misdemeanor if a person had a blood alcohol concentration (BAC) of .15 percent or more. A second DWI may also be charged as a Class A misdemeanor. Class B misdemeanors have a maximum sentence of six months in prison, and Class A misdemeanors have a maximum sentence of one year.

A DWI charge may be elevated to a felony in the following situations:

• Intoxication assault – A person who causes a serious bodily injury to someone else while they were driving under the influence of alcohol or drugs may be charged with a third-degree felony, and they may be sentenced to between two and 10 years in prison.
• Intoxication manslaughter – A person who accidentally causes someone else’s death while driving under the influence of alcohol or drugs may be charged with a second-degree felony, and they may be sentenced to between two and 20 years in prison.
• DWI with a child passenger – If a person had a passenger under the age of 15 in their vehicle while driving under the influence, they may be charged with a state jail felony, and they may be sentenced to between six months and two years in prison.
• Third or subsequent DWI – If a person is charged with DWI, and they have previously been convicted on two separate occasions, they may be charged with a third-degree felony.
• DWI with a previous conviction of intoxication manslaughter – Third-degree felony charges may apply if a person had previously been convicted of killing someone while under the influence.
• DWI with injury to a first responder – A charge of intoxication assault may be elevated to a second-degree felony if a person caused a serious injury to a firefighter or emergency medical technician while driving under the influence. If a police officer was seriously injured, a person may be charged with a first-degree felony, and they may be sentenced to between five and 99 years in prison.
• DWI resulting in the death of a first responder – A charge of intoxication manslaughter may be elevated to a first-degree felony if drunk driving resulted in the death of a police officer, firefighter, or EMT.
• DWI resulting in coma – Intoxication assault may be charged as a second-degree felony if drunk driving resulted in a traumatic brain injury that left a person in a persistent vegetative state.

In addition to a prison sentence, a DWI conviction may result in thousands of dollars in fines. A maximum fine of $10,000 may be charged for a felony conviction, and up to $6,000 in additional state DWI fines may also apply. A person will also lose their driver’s license for up to two years, and after being released from prison, they may be ineligible for certain employment opportunities due to having been convicted of a felony.

Contact Our Denton County Felony DWI Lawyers

Determining whether a DWI charge will be classified as a misdemeanor or felony depends on several factors, including prior convictions and whether injuries were sustained in an accident related to the incident. If you have been arrested for drunk driving, it is important to seek legal counsel right away so that your rights will be protected during your case. At Magaña & Van Dyke, we can help you defend against felony DWI charges, and we will work to help you achieve the best possible outcome for your case. Contact our Cooke County DWI defense attorneys at 940-382-1976 to schedule a free consultation today.

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There are a variety of different situations in which a person may be charged with theft in Texas. The specific charges for theft will usually be based on the value of the items that were allegedly stolen. However, additional considerations may apply in cases involving retail theft. If you have been accused of shoplifting or charged with retail theft in Texas, it is important to understand the possible penalties you may face. This offense can be very serious, and you could potentially face a sentence in prison as well as large fines. Fortunately, with the help of a criminal defense lawyer, you can determine how to address and defend against these charges.

Specific Charges for Retail Theft and Their Penalties

Retail theft may involve any situations where merchandise is taken from a retail store without the permission of the owner. Many cases involve people pocketing items and walking out without paying for them, but there are other situations in which a person may be accused of taking actions meant to deprive a store owner of merchandise or the money they would have received from customers. For example, people may switch price tags on items or ring up items incorrectly using self-checkouts in order to pay less than the full retail price. These actions may also lead to criminal charges for retail theft.

It should also be noted that Texas law defines the offense of “organized retail theft,” which involves any situation in which a person possesses, receives, conceals, sells, or disposes of retail merchandise that they knew was stolen. This means that a person who holds stolen merchandise for a friend or receives and resells stolen items may also be charged with retail theft.

As with other types of theft, the severity of the penalties a person may face will be based on the total value of the merchandise that was allegedly stolen. The specific charges for retail theft are as follows:

• Merchandise valued less than $100 – Class C misdemeanor, which may result in a fine of up to $600.
• Merchandise valued at $100 to $750 – Class B misdemeanor, which may result in a prison sentence of up to six months and a fine of up to $2,000.
• Merchandise valued at $750 to $2,500 – Class A misdemeanor, which may result in a prison sentence of up to one year and a fine of up to $4,000.
• Merchandise valued at $2,500 to $30,000 – State jail felony, which may result in a prison sentence of six months to two years and a fine of up to $10,000.
• Merchandise valued at $30,000 to $150,000 – Third-degree felony, which may result in a prison sentence of two to 10 years and a fine of up to $10,000.
• Merchandise valued at $150,000 to $3000,000 – Second-degree felony, which may result in a prison sentence of two to 20 years and a fine of up to $10,000.
• Merchandise valued at $300,000 or more – First-degree felony, which may result in a prison sentence of five to 99 years and a fine of up to $10,000.

It is also illegal to possess, manufacture, or sell devices that can be used to facilitate retail theft by shielding against electronic or magnetic theft detectors. Possessing or distributing this type of item with the intent to commit retail theft is a Class A misdemeanor.

Contact Our Cooke County Retail Theft Defense Lawyers

If you have been charged with retail theft in Texas, it is important to understand the possible penalties you may face if you are convicted, as well as your options for defending against these charges. At Magaña & Van Dyke, our experienced Cooke County shoplifting defense attorneys are prepared to fight on your behalf, protect your rights, and advocate for the best possible outcome in your case. Contact us at 940-382-1976 to set up a free consultation.

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In Texas divorce cases, protective orders are not uncommon. Unfortunately, domestic violence and other circumstances that place the safety of others in jeopardy are, too often, key factors in a person’s desire to file for divorce in the first place.

While getting a divorce may be an important step in distancing yourself from a partner who places you or your children in harm’s way, the divorce process can sometimes take a long time. For people who need protection sooner than later, there are options, known as protective orders, that can keep children out of their partner’s reach before the divorce is finalized.

Who Can Obtain a Protective Order?

In Texas, there are five situations in which someone may be eligible for an order of protection. In order to obtain a protective order in Texas, one of the following details must be true: 

• You are facing neglect, exploitation, or abuse at the hands of someone in your household or in your family.
• You are a high-risk adult who has a disability and faces either neglect, exploitation, or abuse at the hands of someone in your household or your family.
• You are a minor who is cared for by someone who is being abused, neglected, or exploited at home.
• You reside in public housing or local shelters while taking care of someone who is abused, neglected, or exploited.
• You are being mistreated by the family members or people in the household of a child to whom you are the foster parent, guardian, adoptive parent, or in the process of becoming the adoptive parent of a child.

All of this is to say that you may be able to file an order of protection for your child, keeping them out of your partner’s reach. The best way to go about filing an order of protection on your child’s behalf is by hiring an experienced family law attorney as soon as possible.

Contact a Denton County Domestic Violence Attorney Today

At Magaña & Van Dyke, we have vast experience handling matters of domestic violence in the state of Texas. Our Denton divorce attorneys understand how domestic abuse can dramatically affect your family, and we know what steps to take to keep you safe. With our additional experience in criminal defense cases, we can also help those who have had protective orders issued against them.

We do not take issues of domestic violence lightly, and we focus on obtaining the best outcome possible while working to reduce your stress levels during the process. Instead of trying to navigate the process of obtaining protective orders for your child on your own, call 940-382-1976 today to schedule your initial consultation with legal professionals you can trust.

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Drunk driving suspects are often asked to blow into a breath-testing device during traffic stops. The device measures the alcohol in the person’s breath which can be used to assess their intoxication level. According to Texas law, a driver with a blood alcohol concentration (BAC) of 0.08 percent or more is considered to be intoxicated and subject to prosecution for driving while intoxicated (DWI). Therefore, the results of breath tests heavily influence most DWI cases.

Many people are unaware that there are two different types of breath tests used by police officers in most states, including Texas. It is important to know how these breath tests can affect a DWI case and what to do if you were charged with drunk driving based on a breath test result.

Portable Breath Tests Are Preliminary Tests

When police suspect a person of driving under the influence of alcohol, they may require the person to complete field sobriety tests or a breath alcohol test—commonly referred to as a “breathalyzer.” Police must have “probable cause” to arrest someone, which means that the officer must be able to cite an objective reason why they believe the person committed a crime. The small, easily transported breathalyzers that most people are familiar with are preliminary breath tests. These tests have only one purpose: establishing probable cause.

Portable breathalyzers that are carried around by police are not accurate enough to be used as direct evidence in a DWI case. You have the right to refuse to take a preliminary breath test. However, refusing the test does not mean that you will avoid getting arrested. Police can use slurred speech, the smell of alcohol on your breath, field sobriety test results, or other circumstances as probable cause for a DWI arrest.

Testing at the Police Station Is What Really Counts

Once a person is arrested on suspicion of DWI and taken to the police station, they will almost certainly be asked to take another breath alcohol test—one that is much more accurate than the roadside version. This test is conducted on a large, stationary device and is referred to as an evidentiary breath test or mandatory breath test. If you refuse to take an evidentiary breath test upon your arrest for DWI, your driver’s license will automatically be suspended for 180 days. As the name implies, the results of an evidentiary breath test are admissible as evidence in a DWI case.

Keep in mind that being arrested and charged with drunk driving is not the same as being convicted. You still have a chance to present a defense on your behalf. Although evidentiary breath tests are usually more reliable than preliminary breath tests, they are not perfect. Issues with the timing or administration of the test, device defects, and inadequate calibration are just some of the problems that can lead to inaccurate or invalid results.

Contact a Denton County DWI Defense Lawyer

If you or a loved one were arrested on suspicion of drunk driving, contact Magaña & Van Dyke. Our Denton DWI defense lawyers can investigate your case and help you defend yourself. Call 940-382-1976 for a free consultation to learn more.

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The divorce process can be emotionally and financially draining. When you and your ex cared for your children together under one roof, it may have been easier to work together to take care of your family’s financial needs. However, things change significantly after divorce, and both parents may struggle to make ends meet.

If your ex has not been paying child support, this can cause a great deal of difficulty for you. It may be hard to understand why your ex would be avoiding payments, but here are some common reasons that may explain why the money you need for your child is not coming your way:

Changes in Finances

Your ex might not be paying child support because they do not have the money to give. The amount of child support payments specified in a divorce judgment is based on the paying parent’s net income at the time of the divorce. Issues such as a job loss or large medical expenses can affect how much your ex is able to pay. If you think this may be the reason why you are not receiving child support, you may wish to talk to your ex or even request a modification so that they can at least pay what they are able to. Setting a payment that your ex can afford is better for everyone than you not receiving any payments at all.

Disagreements About Spending

Everyone values things differently. When it comes to expenses, your ex may disagree with the amount of money you are spending in different categories. For example, if your child needs a new school bag, you may choose to invest in a strong backpack that costs twice as much as the last one. Your spouse may complain about the extra spending and refuse to share in these expenses. It is important to realize that the law does not address the specifics of how child support payments are allowed to be spent. This means that your ex-spouse cannot simply stop paying because he or she does not like how you are using the money.

Hurt Feelings

It is also possible your ex is upset with the child custody arrangements that have been established. They may feel that decisions were made unfairly, and having to make monthly child support payments may only agitate these feelings. As a result, they may refuse to make child support payments out of spite.

Regardless of feelings or disagreements, parents are legally required to pay court-ordered child support. A person who fails to pay child support could have their driver’s license suspended, their passport denied, and liens placed on their property, bank accounts, and other assets.

Contact a Denton County Divorce Lawyer

Your child deserves to receive financial support from both parents. If your ex-spouse is refusing to pay court-mandated child support, the team at Magaña & Van Dyke can help. Contact an experienced Denton child support attorney from our firm to learn about your options for child support enforcement. Set up an initial consultation by calling 940-382-1976 today.

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Many people have heard the term “plea bargain” but do not know exactly what it means in the context of a Texas criminal case. Whether you or a loved one are facing charges for driving while intoxicated (DWI), intoxication assault, or another offense, it is important to understand what a plea bargain is and the advantages and disadvantages associated with plea bargains. There is no one-size-fits-all strategy that works for dealing with DWI charges. The best way to explore your legal options after a DWI arrest is to speak with an experienced, knowledgeable criminal defense lawyer.

What Exactly is a Plea Bargain?

When someone is charged, or formally accused, of a crime, they have the option to plead guilty or “no contest” or plead not guilty. If they plead not guilty, the case typically advances to trial where the defendant and prosecution are each given an opportunity to present evidence and arguments. The jury evaluates both sides, deliberates, and reaches a verdict.

Before the trial starts, the prosecution may offer reduced charges or a lighter sentence in exchange for a guilty plea. Essentially, the defendant agrees to plead guilty to an offense in exchange for some type of benefit. In many cases, taking a plea bargain or plea deal is in the defendant’s best interest.

For example, if there is ample evidence against the defendant and the jury will likely find them guilty, a plea bargain may be a better option than going to trial. However, if there is a strong chance that the defendant will be found not guilty or get the case dismissed, a plea bargain may be a terrible idea. Criminal cases are extremely complex and situations like this are very hard to navigate on your own. This is why it is important for criminal defendants to work with a skilled defense attorney.

Plea Deals for Individuals Accused of Drunk Driving

If you are accused of DWI, intoxication assault, or another offense, you may be offered a plea deal in which you plead guilty to a lesser offense. For example, you may be asked to plead guilty to reckless driving and face the consequences for that offense instead of going to trial and asserting your innocence against the drunk driving accusations.

If you are offered a plea bargain, it is highly recommended that you talk it over with a lawyer before making a decision. A lawyer can help you evaluate your options and choose the best option for your unique situation.

Contact a Denton County Criminal Defense Lawyer

If you were accused of drunk driving or another criminal offense, contact the skilled Denton criminal defense attorneys at Magaña & Van Dyke for help. Call 940-382-1976 for a free, confidential initial consultation and case assessment.

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It is not uncommon to hear or read about a person who was arrested for drug possession or a similar crime after being stopped by police for a traffic violation. Situations such as these lead to an extremely important question: How does a traffic stop transform into a search which leads to the discovery of illegal drugs, guns, or other contraband? The Fourth Amendment to the United States Constitution addresses the rights of citizens regarding searches and seizures. However, the way in which the courts have interpreted the Fourth Amendment over the years has created a deal of confusion for many people.

The Fourth Amendment

The Fourth Amendment promises that the government—which means the police, by extension” shall not violate “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” It goes on to state, “No Warrants shall issue, but upon probable cause,” and that a warrant must describe where the search is to take place, as well as the items or individuals that are expected to be seized.

Of course, when the Fourth Amendment was ratified in 1789, the automobile was still over 100 years away from being invented. As such, our founding fathers could not have foreseen such mobility for the average citizen. Because cars and trucks are so mobile, the warrant requirement is not exactly very conducive to the efforts of law enforcement, which is why courts around the country have had to review cases of warrantless searches to set precedents that must be followed by law enforcement officers.

Probable Cause

The police are allowed to search your car, but they cannot do so for no reason. The officer must have probable cause to believe that your vehicle is or has been involved in illegal activity. Probable cause could be based on something the officer sees looking into your car, for example, or the smell of illegal drugs. There does not necessarily need to be physical evidence visible, but the officer might believe that he or she will find such evidence by searching the vehicle. In such a case, the officer must be able to clearly state why he or she has such a belief, or the search could be determined to be illegal later.

It is extremely important to remember that questions regarding a warrant or probable cause can be avoided altogether if the officer obtains your permission to conduct a search. However, the officer does not need to ask you directly or clearly. Instead, the officer might something along the lines of “You don’t have anything to hide, so you won’t mind if we do a quick search, right?” If you allow the search, you will lose your ability to challenge the legality of the search down the road.

You absolutely have every right to tell that officer in no uncertain terms that you do not consent to a search. Your refusal will not necessarily prevent the search, but by doing so, you can preserve your ability to challenge the legality of the search if the officer finds anything incriminating. If it is ultimately determined that the search was illegal, there is a good chance that the court will throw out any evidence that was found in the search. Without the evidence, prosecutors are likely to have a much less convincing case, which could even lead to the dismissal of the charges against you.

Call a Denton County Criminal Defense Attorney

If you or someone you love has been arrested based on evidence found in a search that you believe was illegal, contact an experienced Denton criminal defense lawyer. At Magaña & Van Dyke, we will work hard to ensure that your rights and best interests are fully protected. Call 940-382-1976 to schedule a free consultation with a member of our team today.

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