Are You Facing Hit and Run Charges in Texas?
According to national statistics, there are more than six million police-reported vehicle accidents in the United States each year. It is estimated that a person will be involved in four crashes during their driving lifetime, so odds are that you will find yourself at the wheel of a car accident at some point.
Vehicle accidents usually happen when you least expect them. Each crash has an at-fault driver and in an accident you are involved in, that at-fault driver could be you. Whether the crash occurred because you were engaged in reckless driving behaviors or not, it is important to stop immediately at the scene to protect yourself against criminal charges. Hit and run charges are a serious matter in Texas. In addition to being held liable for injuries others suffer as the result of your actions, you could end up facing severe criminal penalties.
Understanding Texas Law
Under Texas law, drivers who are involved in a car accident where there is injury, death, damage to another vehicle or property must stop. If a victim has been injured, you are required under the law to stop and render aid, including calling 911. Drivers must also exchange information, including their name, address, vehicle registration, name of insurance company, and proof of driver’s license.
If a driver leaves the scene of the accident, they could face serious charges, depending on the circumstances of the crash:
- If the vehicle damage is less than $200, the charge is a Class C misdemeanor, with a penalty of up to a $500 fine.
- If the vehicle damage is over $200, the charge is Class B misdemeanor, with a penalty of up to six months in jail and/or up to a $2,000 fine.
- If a victim was injured (but not seriously), the charge is a felony, with a penalty of up to five years in prison and/or a fine of up to $5,000.
- If a victim was seriously injured or killed, the charge is a third-degree felony, with a penalty of up to 10 years in prison and/or a fine of up to $10,000.
Contact a Denton County Defense Attorney
There are a number of reasons why a driver may flee the scene of the crash, however, leaving the scene only compounds the seriousness of the incident. If you are facing misdemeanor or felony hit and run charges, you need a skilled Collin County hit and run defense attorney advocating for you and ensuring your rights are protected. Call Magaña & Van Dyke today at 940-382-1976 to schedule a free consultation and find out how we can help.
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While domestic violence and assault are closely related offenses, domestic violence is seen as much more serious. The main difference is who the victim is. Assault can be charged no matter who the victim is, while domestic violence is committed typically against a family or household member, or a romantic partner. However, it can be confusing to keep track of who might be considered a qualifying victim for the purposes of charging domestic violence.
If you are facing charges of domestic violence or assault in Texas, the penalties could be severe if you are convicted. It is important that you approach handling your charges carefully and with the assistance of a qualified attorney.
Who Can Be the Victim in a Texas Domestic Violence Case?
You may hear the terms “domestic violence” and “family violence” used interchangeably. Neither term fully covers the bases of who might be included as a victim in a Texas domestic violence case. The definition can even include people you have never lived with in some circumstances. It is a common scenario for Texans arrested after a physical altercation to be taken by surprise when they learn that they are being charged with domestic violence rather than simple assault. Potential qualifying victims include:
- Ex-spouses – Even if you are divorced and no longer residing together, an assault against someone you used to be married to can count as domestic violence. This may seem counterintuitive, as you are no longer in a domestic relationship, but Texas courts will look to the relationship’s history.
- Co-parents – Anyone you have a child in common with could be considered a qualifying victim. This is true even if you were never married and do not live together. Because you have a child together, the courts will consider you family for the purpose of charging domestic assault.
- Roommates – Anyone you happen to live with could be considered a household member under Texas’s domestic violence laws. You do not need to be in a romantic relationship or related. A simple dispute with your platonic roommates that turns physical could lead to the more serious offense of domestic violence being charged.
- Dating partners – You could face domestic violence charges for assaulting someone you are dating, even if you do not live together. A casual, non-cohabiting relationship is sufficient to take a simple assault into domestic violence territory.
In some cases, it is not always clear whether the alleged victim truly fits the definition of a family or household member. In some cases, a skilled attorney may be able to argue for a reduction in charges to simple assault.
Call a Denton County Family Violence Attorney
If you are facing domestic violence charges, Magaña & Van Dyke can help you build a strong legal defense. Our experienced Denton family violence lawyers realize that these cases are often more complicated than they appear, and we will evaluate your case for any facts or circumstances that could help you. Call us at 940-382-1976 for a free consultation.
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The Seriousness of Probation Violations in Texas
Probation comes with many rules to follow. You may be required to meet regularly with a probation officer, perform community service, submit to random drug testing, or meet other requirements imposed by the court. There are numerous ways to violate the conditions of probation, ranging from minor technical violations to serious willful violations. The sanctions for a violation will depend heavily on the circumstances, including what type of violation was involved and whether you have prior violations
In the most severe cases, your probation could be revoked entirely, and you could be required to serve your full jail sentence. It is important that you are represented by an experienced attorney who can make the case that your violation does not warrant this type of consequence
What Are Some Less Serious Probation Violations?
A minor technical violation probably will not lead to jail time, but it is important to tread carefully. Repeated violations, even of a minor nature, may result in increasingly harsh consequences if the court begins to believe that you are not taking your probation seriously. Less serious violations include:
- Fees – Probation officers and courts may be understanding of probationers who have fallen behind on fees but are making an effort to pay.
- Tickets – No new criminal charges is often a condition of probation. Minor traffic infractions, however, may not be considered very serious.
- Curfew – If you have a curfew and miss it by accident, such as if your bus ran late, this may not be treated too harshly. However, repeatedly ignoring the curfew is a more substantial violation.
Which Probation Violations Are More Serious in Texas?
The more serious probation violations often involve committing another crime. These more serious violations could lead to having your probation revoked:
- Arrest – If you are arrested again while on probation, this will be taken very seriously. The more serious the second offense, the more likely you are to serve jail time for your original crime.
- Not showing up – Failing to meet with your probation officer is seen almost like an escape. It suggests to the court that you will not comply with the terms of your supervision, and a warrant will almost certainly be issued.
- Firearms – Possession of firearms by a probationer who was ordered not to have them is a serious violation. The court may feel that you are a danger to the community and should be incarcerated.
- Drug test – Failing a drug or alcohol test, especially if your offense was alcohol or drug-related and you are supposed to be in addiction recovery, may be treated very seriously.
If you may have committed one of these serious violations, you will need an aggressive attorney working to shield you from potentially very harsh consequences
Contact a Denton County Probation Violations Attorney
If you are concerned that you have violated your probation, contact Magaña & Van Dyke for assistance. Our experienced Denton County probation violation lawyers will present the strongest possible arguments in your defense. Call us at 940-382-1976 for a free consultation
Can I Get My Criminal Record Expunged?
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.
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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.
Filing for a Texas Divorce
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.
How a Criminal Record Can Affect Your Future
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.
Understanding Probation Violations in Texas
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.
The Difference Between Theft and Robbery
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.
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