If you have been arrested for drunk driving in Texas, you may be wondering about how your driver’s license will be affected and whether you will face any restrictions on your ability to drive, as well as any other consequences. In some cases, you may be required to use an ignition interlock device (IID) in your vehicle. By understanding the issues that you may need to address following a DWI arrest, you can take steps to defend against criminal charges, protect your driving privileges, and determine how to minimize any disruptions to your life.
DWI License Suspensions in Texas
An ignition interlock device is a breathalyzer device that is installed in your vehicle. This device will require you to provide a breath sample before driving. If the device detects alcohol on your breath, the vehicle will not start. IIDs are monitored by the Texas Department of Public Safety, and you may be required to provide periodic breath samples while driving. If the IID detects alcohol, the device will log the event, and you may face penalties.
An IID will be required if your driver’s license is suspended following a DWI conviction. For a first-time DWI, a license suspension of up to two years may be imposed. During this period of suspension, you can apply for a restricted driver’s license that will allow you to drive with an IID. A restricted driver’s license will usually also be available if your license was suspended for other reasons, such as the automatic license suspension that applies if you fail a blood alcohol test after being arrested for DWI or refused to submit to chemical testing.
If you receive notice that your license is being suspended, you will have 30 days to apply for a restricted license. On the 30th day after the notice is issued, your license will expire, and you will be unable to legally drive unless you obtain a restricted license. When you receive a restricted license, you will be required to install an IID in your vehicle(s) at your own expense. You will be required to use an IID on any vehicles you drive during your period of license suspension. The only exception to this requirement is when you are required to drive during the course of your employment, and the vehicle is owned by your employer.
If you drive without an IID when one is required, you may be charged with a Class B misdemeanor, and you could be fined up to $2,000 and imprisoned for up to 180 days. In these situations, your restricted driver’s license will be revoked, and you will be required to serve out the remainder of your license suspension.
Contact Our Denton County DWI Defense Attorneys
If you have been arrested for drunk driving in Texas, you may face a driver’s license suspension, even if you are not convicted of a criminal offense. To ensure that you will be able to continue driving, the attorneys of Magaña & Van Dyke can help you make sure you meet the requirements to receive a restricted license and use an IID. We can also help you defend against DWI charges, and we will work with you to minimize the potential consequences you may face following your arrest. Contact our Cooke County DWI defense lawyers at 940-382-1976 to set up your free consultation.
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There are a variety of financial issues that can play a role in a divorce case. When one spouse believes they will be at a financial disadvantage after the end of their marriage, they may ask for ongoing support from the other spouse. In Texas, spousal maintenance (sometimes called “alimony”) consists of financial support paid by one spouse to the other spouse after divorce. However, not every divorcing couple will have to deal with spousal support. This form of support will only be appropriate in certain situations, and there are a number of factors that will affect the decisions about whether maintenance should be paid, how long it will last, and the amount that one spouse will pay to the other.
Situations Where Spousal Support May Be Awarded
A family court judge may award spousal support in the following situations:
- One spouse cannot meet their own financial needs due to a physical or mental disability.
- A parent who will have primary custody of the couple’s child or children needs financial assistance because the child has a disability that requires ongoing care and supervision, and this will affect the custodial parent’s ability to work and earn an income.
- A couple was married for at least 10 years, and one spouse is unable to earn enough income to provide for their own needs. This may be due to a spouse remaining at home during their marriage and focusing on household responsibilities rather than pursuing career opportunities.
- One spouse has been convicted of an offense involving family violence or received deferred adjudication without a formal conviction. If an offense involving spousal abuse or child abuse was committed during the couple’s marriage and within two years prior to when the divorce case was initiated, or if an act of family violence occurred while a divorce case is ongoing, the person who committed the offense may be required to pay spousal maintenance to the other spouse.
In order to determine whether or not spousal maintenance is appropriate in a particular case, the court will consider several factors, including but not limited to:
- Each party’s financial resources and their ability to provide for their own needs, including the marital property apportioned to them in the divorce and the income they earn
- Each party’s education and employment skills, while considering the time necessary for the party seeking maintenance to acquire sufficient education or training to enable him or her to find appropriate employment
- Each spouse’s earning ability based on their age, employment history, and physical and emotional condition
- The duration of the marriage
- How the requirement to pay spousal support or child support will affect a person’s ability to meet their own needs
- Any actions taken by either spouse that reduced the value of marital assets, including destruction of property, excessive spending, or attempts to conceal assets
- Any contributions by one spouse toward the other spouse’s education, training, or career
- Any separate property owned by either spouse prior to getting married
- A spouse’s contributions toward their marriage as a homemaker
- Any marital misconduct by either spouse, including infidelity or cruel treatment of the other spouse
- Any history of family violence by either spouse
- Any other factor that the court expressly finds to be just and right
Contact Our Cooke County Spousal Support Attorneys
Spousal maintenance may or may not be a factor in a particular Texas divorce. Each case is decided on its own merits, and a judge will take into account all relevant factors when making their determination. If you are considering divorce and have questions about spousal maintenance, please contact an experienced Denton County divorce lawyer who can help guide you through this process. At Magaña & Van Dyke, we will advise you on how the law applies in your situation, and we will fight to protect your rights throughout the divorce process. Call 940-382-1976 today to set up an initial consultation.
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As is valid in the United States and any civilized society, murder is among the most severe offenses one can be accused of and charged with committing. Yet, if you are convicted of murder in Texas, you may even find yourself on death row.
According to the Death Penalty Information Center, Texas has carried out more executions than any other state since 1976. Furthermore, Denton County juries have condemned seven individuals to death, six of which have been successfully carried out. In Denton County, the last person to be executed was in 2011. Simply put, Texas takes murder exceptionally seriously. Therefore, if you have been charged with murder, it is strongly advised that you seek counsel immediately, as your life may very well be on the line.
How Are Murder and Capital Murder Defined in Texas?
In Texas, there is murder and capital murder. Firstly, how is murder defined? Murder is when someone deliberately takes another person’s life. You may also be charged with murder if you engage in hazardous conduct intending to injure a person critically and kill them. Other circumstances where someone can be accused of murder is if they are committing or attempting to commit a felony and then decide to flee the scene, killing someone in the process. Such an act qualifies for murder in Texas.
How Is Capital Murder Different?
Capital murder is the unlawful killing of another in particular circumstances. These circumstances include killing someone during a:
- Robbery
- Burglary
- Kidnapping
- Aggravated sexual assault
- Arson
Other situations where capital murder may have been committed include:
- Murdering someone in exchange for money
- Murdering someone while escaping prison
- Murdering someone while in prison
- The contended victim was less than 15 years old
What Are the Penalties for Murder and Capital Murder?
Since murder counts as a first-degree felony, if convicted, you face between 5-99 years in prison and fines of up to $10,000. On the other hand, capital murder is classified as a capital felony. Therefore, being convicted of capital murder carries life imprisonment without the possibility of parole or the death penalty.
Defending Against a Murder Charge in Texas
Contingent upon your case, there are certain defenses a defendant can employ to avoid being convicted of murder. A common defense that defendants can use is that they acted to protect themselves or someone else. For this line of reasoning to be effective, the defendant must prove they acted with deadly force because they reasonably believed such action was necessary. The jury must be convinced that a reasonable person would have also acted with deadly force if faced with a similar situation.
However, there are certain limitations to claims of self-defense. For instance, the accused cannot be the antagonist. Further, the deadly force cannot have happened after verbal incitement. Additionally, deadly force must be proportionate to the initial attack. For example, if Sally trips John and he falls, he cannot get up and stab her a dozen times.
Situations Where Deadly Force Is Justified in Texas
Deadly force is justified if:
- It is essential to protect a person against another person’s use of deadly force.
- It is preventing:
- Aggravated kidnapping
- Murder
- Sexual Assault
- Aggravated sexual assault
- Robbery or aggravated robbery
Contact a Denton County Murder Defense Attorney
If you have been accused of the heinous act of murder, the state will likely do everything it can to convict you and levy severe penalties against you. At Magaña & Van Dyke, our experienced Cooke County murder defense lawyers know how serious a charge of murder is. Reach out to us at 940-382-1976 for a free consultation.
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In Texas, sexual assault is a grave offense. Furthermore, to be convicted of such an act can be altogether life-shattering. The public view sexual assault as a crime where the accused must be swiftly and aggressively brought to justice. It is the type of crime where, even if the accused is found not guilty, their life may still be ruined for having been associated with such a crime. If you were charged with sexual assault, hiring a criminal defense attorney to defend your rights is imperative.
What Constitutes Sexual Assault?
According to RAINN, every 68 seconds, an American is sexually assaulted. An individual can be charged with sexual assault when accused of sexual activity with another person without that person’s consent. There are many variables at play in the case of sexual assault. These variables can have a significant impact on the severity of the charge. For example, some variables include the alleged victim’s age and whether the accused allegedly used or threatened to use force.
What Are the Penalties for Sexual Assault in Texas?
The penalties for sexual assault in Texas are incredibly severe and, in an instant, can completely ruin your life. Penalties include:
- Between two and 20 years in prison
- Fines up to $10,000
- Registering as a sex offender for life
- Disintegration of friendships, family, jobs, and your reputation
If You Are Charged with Sexual Assault in Texas, Is All Hope Lost?
After being charged with sexual assault, you may feel overwhelmed, scared, or perhaps a bit of both. You may wonder, how can a lawyer help my situation? Here are a few ways a criminal defense lawyer can help you during your sexual assault case:
- Lawyers gather evidence that can be used in your defense. Lawyers can also analyze the evidence and recommend how to proceed to their clients.
- Using their knowledge of the law, lawyers represent you in court and can advise you regarding potential plea deals.
- Lawyers advocate for their clients and protect their rights.
Contact a Denton County Sexual Assault Attorney
When navigating a sexual assault charge, it is crucial to work with an experienced criminal defense lawyer who can assist you in understanding your legal options and help protect your rights. At Magaña & Van Dyke, we can help you determine the best course of action and legal strategy. Contact our Denton County sexual assault defense lawyers today at 940-382-1976 for a free consultation. Se Habla Español.
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Under Texas law, assault is defined in Texas law as intentionally or recklessly causing or threatening harm to or offensive contact with another person. The terms “assault” and “battery” are often used interchangeably. In some states, the offense of “battery” refers to conduct that results in actual bodily injury, but Texas does not recognize battery as an offense separate from assault. Instead, the offense of assault encompasses most behaviors that constitute battery in other jurisdictions.
A person can be charged with assault even if they do not hurt the other person. Verbal threats, threatening gestures, or contact that is offensive, such as poking someone in the chest or shoving him or her backward, may lead to assault charges. As such, many people find themselves facing assault charges because they got into a heated argument with a family member or friend. Bar fights or altercations in public can also lead to assault charges. If you or a loved one have been charged with assault, speak with a criminal defense lawyer as soon as possible. Your lawyer can help you build a strong defense to fight the charges.
Acting in Self Defense in Texas
People have the right to defend themselves against those who mean them harm. Unfortunately, some individuals find themselves in handcuffs for simply trying to protect themselves. According to the Texas Penal Code, an individual is justified in using force against another if he or she reasonably believes that the force is needed for protection. However, the force must be reasonable considering the circumstances.
Acting in Defense of Property
Texas follows the “castle doctrine” when it comes to defending one’s home and property. This means that Texans in their homes, cars, or property have the right to use force when it is reasonably necessary. The use of force may be considered justified if the actor reasonably believes that the other person was illegally entering the property, trying to commit a violent offense, or trying to remove the actor from his or her property.
Consent or Assumption of Risk
Another potential defense against assault accusations is consent or the assumption of reasonable risk. For example, if a group of individuals all agree to play football, a person cannot claim that they were assaulted if they get tackled during the game. The question of consent is a huge factor in many sexual assault cases. Sometimes, one person claims that a sexual encounter was consensual, while the other says the contact was not consensual.
Contact a Denton County Criminal Defense Lawyer
If you or a loved one were charged with any type of assaultive offense, contact Magaña & Van Dyke for legal help. Our experienced Denton violent crimes defense attorneys can help you tell your side of the story and ensure your rights are protected. Call 940-382-1976 for a free consultation.
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What Happens the First Time I Violate Probation?
Whether you are on probation in lieu of jail time or are serving out the remainder of a jail sentence under community supervision, violating the terms of your probation could have severe consequences. Depending on the severity of the original crime and the actions that led to your accused probation violation, you could face community service, increased fines, or even being sent back to jail. No matter what circumstances or actions led to the violation of your probation, you should hire a criminal defense lawyer who can help you make your case to the judge.
Probation Violations and Consequences
Being sentenced to probation may seem like a great alternative to spending time behind bars. The justice system recognizes the opportunity you have been given and subsequently imposes terms you must abide by to remain on probation.
There are a number of actions that could lead to a probation violation. These include:
- Not reporting to your probation officer
- Not paying fines or restitution that you were sentenced to for the crime
- Using alcohol and/or drugs
- Committing another criminal offense
The judge has wide discretion over your sentencing following a probation violation. For a serious offense, your probation can be revoked, and you can be sentenced to jail to complete your original sentence. If your probation has been revoked, you can request a hearing if you can prove that you did not violate the terms of your probation. This will force the state to provide evidence that a violation occurred. If the judge agrees that no violation occurred, your probation cannot be revoked.
However, if it is your first misdemeanor probation violation and the original offense and subsequent violation are not serious, you may be ordered to perform community service, given an increased fine, or if the violation was drug or alcohol-related, be sentenced to enroll in a substance abuse program. This will likely come with a warning from the judge that you will be unlikely to receive any leniency with a second violation. Of course, if the probation violation involves a new crime, you will be facing new charges in addition to any consequences from the probation.
Contact a Denton County Probation Violation Attorney
If you have violated your probation, even if it is a first violation, you need to work with an experienced Cooke County lawyer for probation violations. At the Magaña & Van Dyke, we can help you make your case in court and work toward a favorable result for your probation violation. Call us for a free consultation at 940-382-1976.
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Are You Being Accused of Tax Fraud?
April 15th has come and gone, our annual reminder that we need to file our income taxes. Some people file early – usually those who are receiving refunds, while others wait until the very last day to file. Those last-minute filers often owe taxes. There are also those who file extension requests because they need more time to get their documents together. The bottom line is, however, that no matter how we feel about our tax obligation, we are legally required to pay our taxes or face serious civil and/or criminal consequences.
Tax Fraud
No matter what the type of tax fraud that is being committed, the IRS has the tools in place where taxpayers can report the fraud directly to them. The agency has different forms that taxpayers can use, depending on what type of tax fraud is being committed. These forms do not require the individual reporting the alleged fraud to identify themselves, however, the IRS does encourage people to do so. Those that do identify themselves may be asked to testify against the party they are reporting should an investigation result in criminal charges being filed. If someone has reported you for tax fraud, contact a white-collar crime attorney immediately.
The following are some of the more common types of illegal activities that are reported to the agency and the form that they are reported on:
- Information Referral Form – This form is used to report parties that do not report income, fails to pay taxes, or files false returns. This form is also used to report organizations or individuals to claim false exemptions or deductions, or the improper withholding of taxes. The form does request the individual reporting to provide as much information as possible, including the contact information of the party they are reporting, tax ID or Social Security number, the timeframe the alleged fraud took place, and a description of the type of fraud that was committed.
- Complaint: Tax Return Preparer and Tax Return Preparer Fraud or Misconduct Affidavit – These forms are used to report a company or individual who prepares tax returns and is involved in an illegal tax scheme.
- Report Suspected Abusive Tax Promotions or Preparers Form – This form is used to report a company or individual who is promoting a tax-paying avoidance scheme.
- Tax-Exempt Organization Complaint Form – This form is used to report alleged tax fraud by any tax-exempt organization. Examples of tax-exempt organizations include charities and religious organizations.
- Identity Theft Affidavit Form – Another form of tax fraud that many people may not realize takes place involves victims of identity theft. It is not uncommon for an individual who has had this happen to them to discover that the offender had also filed fraudulent tax returns or obtained employment under their name and Social Security number.
How a Denton County Tax Fraud Lawyer Can Help
While there are some people who intentionally commit tax fraud, there are a great many more who unknowingly make errors on their tax returns or some other party has created the unfortunate – and often criminal – situation. Call Magaña & Van Dyke at 940-382-1976 to schedule a free and confidential consultation with one of our dedicated Cooke County white-collar crime attorney.
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The Fourth Amendment to the U.S. Constitution provides protection from unreasonable searches and seizures by the government. However, it only provides protection from searches and seizures that are deemed unreasonable under the law. One type of search that is not prohibited by the Fourth Amendment is a “protective sweep.”
What Is a Protective Sweep?
Under the Fourth Amendment, the police cannot just enter a person’s home unless they have a warrant to do so. In order to obtain a warrant, law enforcement must show the court there is probable cause of criminal activity to justify that warrant.
Police are allowed to conduct a search without a warrant under the Protective Sweep Doctrine. Under this doctrine, police can conduct a search after they have arrested someone. The purpose of this search is to provide officers a way to ensure their safety, as well as anyone else on the scene, searching for anyone who may pose a threat.
Protective sweeps often take place when officers arrive at a residence with an arrest warrant, usually needing to enter the residence in order to make that arrest. Once police enter the premises to take the person named in the arrest warrant into custody, they can conduct a sweep if there is reason to believe there is an individual or individuals who could pose a threat. Protective sweeps can also be conducted if the arrest takes place near the suspect’s home or other type of premises.
If, during the protective sweep, officers see evidence of potential criminal activity that is in plain view, this evidence can usually be used in any criminal case that results.
Stringent Limitations
A protective sweep does not allow the police to check whatever rooms or areas of a premise they want. Officers can only look in those areas where a person could be hiding, such as in bedrooms or closets. The sweep itself must be conducted quickly. Once the arrest has been made, officers must leave the premises.
If the court rules that police overstepped the bounds of a protective sweep, any evidence obtained would likely be excluded from the proceedings.
Contact a Cooke County Defense Attorney
If you have been arrested and charged with a crime, it is critical to have a skilled Denton County criminal defense lawyer advocating for you and ensuring your constitutional rights are protected. Call Magaña & Van Dyke at 940-382-1976 to schedule a free consultation and find out how our firm can help.
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Filing for a Divorce in the State of Texas
When a couple decides to get a divorce, there are several different ways it can go. While every divorce has their own set of unique circumstances, there are certain constants in the divorce process no matter what has occurred in the couple’s marriage. One constant that anyone who has decided to divorce their spouse should adhere to is seeking out the legal advice of an experienced Texas divorce lawyer, regardless of whether it is a friendly divorce or a contentious one.
Requirements
Before you are even permitted to file for a divorce in Texas, you must meet certain requirements. The primary qualification you must have is residency; Texas mandates that you have lived in the state continuously for at least six months and that at least one of the spouses must have resided in the county in which the divorce is being filed in for a minimum of 90 days. As long as this residency requirement has been met, one of the spouses can file a petition of divorce.
In the petition, the spouse must cite a reason why they are seeking to end the marriage. Although Texas law does not require a person filing for divorce to have an attorney representing them, it is always a smart idea for your own protection to at least consult with an attorney to ensure that you are proceeding correctly.
Petition Process
After the divorce petition is filed with the court, the spouse who filed (referred to as the petitioner) must notify the other spouse (referred to as the respondent) of the divorce filing. The respondent spouse then has 20 days to respond to the petition.
At this point, either spouse may also file a request for the court to issue temporary orders in order to protect all marital assets and prevent the other spouse from spending, hiding, etc., in order to avoid Texas community property laws. The court can also file temporary orders regarding child custody, child support, alimony, debt payments, and any other issues that may need to be addressed.
Negotiations
Other than issuing temporary orders, there will be no action by the court regarding the divorce for at least 60 days. This is a mandatory waiting period under Texas law. However, the couple can begin negotiations in order to try to come to agreements on marital issues that must be decided. If the spouses cannot to a fair and equitable settlement, the court will make these decisions for them.
Call Our Denton County Divorce Attorney
If you have decided to end your marriage, call Magaña & Van Dyke at 940-382-1976 to schedule an initial consultation with one of our dedicated Cooke County family lawyers and let us make sure you receive the divorce settlement you deserve.
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In Texas, the charges of driving while intoxicated (DWI) are considered very seriously by the courts, and penalties for a conviction are significant. One of the most common ways drivers are arrested for DWI is being stopped by some other traffic violation when the officer suspects they have been drinking. The officer will then proceed with a breathalyzer test and field sobriety tests, which the driver will fail.
While the state of Texas does require drivers to submit to a breathalyzer test (or face serious consequences for refusing), the law does not require drivers to submit to field sobriety tests.
Field Sobriety Tests
There are several types of field sobriety tests that law enforcement use when they suspect a driver has been drinking:
- Horizontal Gaze Nystagmus – Horizontal gaze nystagmus is when a person’s eyeball involuntarily jerks when the eyes are rotated in a certain way. When a person is intoxicated, the jerking occurs at lesser angles and is more exaggerated. For this test, the officer will ask the driver to follow a pen or flashlight as it is moved from side to side.
- Walk-And-Turn Test – For this test, the officer asks the driver to walk heel-to-toe, in a straight line, for nine steps and then turn around on one foot and return, doing the same thing. The officer will be looking to see how well the driver can follow directions, how well their balance is, and if they perform the test correctly.
- One-Leg Stand Test – Again looking to see how well the driver can balance themselves, the officer will ask the driver to stand on one foot, with the other foot about six inches from the ground. The driver is then directed to count upwards from 1,001 until the officer tells the driver to stop. This test lasts for about 30 seconds.
Subjective Results
As you can see, each of the three standard field sobriety tests are subjective. There is no black and white result for any of the tests but instead depends on the officer’s interpretation of how well or poorly the driver performed each one.
Additionally, many people who have not consumed any alcohol may have difficulty performing any of these actions, especially if they have physical limitations or other health issues that may not be obvious to the officer but that prevent them from completing the tests as directed.
Failing Field Sobriety Tests
Unlike breathalyzer tests, which fall under Texas implied consent laws, field sobriety tests do not. In fact, these tests qualify as a search under the Fourth Amendment, so a person faces no penalties if they refuse to participate.
However, if a driver does consent and fails one or more field sobriety tests, those results can be used against them by the prosecutor as evidence that they were legally intoxicated at the time of their arrest.
Call a Denton County Defense Attorney for Legal Assistance
If you have been charged with DWI, do not try to defend against these charges without a skilled Cooke County DWI defense lawyer advocating for you and protecting your rights. Call Magaña & Van Dyke at 940-382-1976 to schedule a free consultation and find out what legal options you may have.
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