Gainesville Legal Issues Blog

Don't count on that roadside breath test to be right

On behalf of The Albarado Law Firm, P.C. on Thursday, June 27, 2019.

When police pull you over and suspect you of drunk driving, they may ask that you participate in field sobriety tests and a roadside breath test. They present these options with such authority that you may participate, and when the breath-testing machine indicates that your blood alcohol concentration meets or exceeds the legal limit of 0.08 here in Texas, the officer places you under arrest.

You may feel as though, since the breath test indicated illegal impairment, that the officer has you "dead to rights." Don't make that mistake. Roadside breath testing machines are notoriously inaccurate -- so much so that the results are often not admissible in court.

How can you draft a parenting plan that will work long-term?

On behalf of The Albarado Law Firm, P.C. on Sunday, May 26, 2019.

One of the most important things that parents want to do after divorce is protect the interests of their children. As a parent, you understand how critical it is to provide as much continuity of lifestyle as possible and reduce the emotional strain they experience during and after divorce. The end of a marriage is difficult, but there are steps you can take to make things easier for the youngest members of your family.

In your effort to provide your kids with a stable and secure environment, one of the things you can do is craft a thoughtful and sustainable parenting plan. This will allow your child to have peace of mind and regular access to both parents. These are two things that are greatly beneficial for kids after their parents divorce.

How do felony convictions affect non-citizens?

On behalf of The Albarado Law Firm, P.C. on Wednesday, April 24, 2019.

Coming to Texas from another country may have been a goal of yours since you were a child. You may have believed that coming to the United States would allow you to build a better life, and for a time, you may have found that life. Now, you face a difficult situation because authorities have charged you with a crime.

Along with worrying about your criminal case, you likely also have concerns about how the charges and a possible conviction will affect your immigration status. If the crime of which authorities have accused you falls into the category of a felony, you face a serious predicament.

Questions to ask before passing another vehicle

On behalf of The Albarado Law Firm, P.C. on Thursday, March 28, 2019.

Driving on Texas roadways can provide a sense of freedom (as long as there isn't too much traffic). On a nice day, going for a drive can be a relaxing or energizing experience, especially for individuals like you who enjoy motorcycle riding.

Of course, you understand that safety is of the utmost importance when you are on the road because a single mishap could potentially leave you with serious or fatal injuries. As a result, you do your best to adhere to the law and make sure that any driving maneuver you carry out is with focus and care.

How could you defend against Texas drug possession charges?

On behalf of The Albarado Law Firm, P.C. on Thursday, February 28, 2019.

Though federal law applies in many cases relating to drug-related activities, each state has specific laws as well. Because these laws, charges and potential punishments differ from area to area, it is important that anyone accused of a crime gains information on how state-specific courts will handle a drug-related case.

If you face charges for drug possession in Texas, you face a serious predicament. Overall, this state has some of the more severe consequences for drug possession convictions. Therefore, you will certainly want to take the time to find the best defense route for your particular case.

Certain factors can make a DWI more severe

On behalf of The Albarado Law Firm, P.C. on Wednesday, January 30, 2019.

You may be among the few who still believe driving after you have been drinking is no big deal. Most states impose a legal limit of .08 percent blood alcohol concentration, but the fact that some states are dropping that level indicates how seriously lawmakers take DWI. While you may not go to jail, in Texas, the consequences for even a first-offense DWI can include, among other things, substantial fines and loss of your license, which makes it difficult to get to work and complete other important tasks.

There may be factors that can increase the severity of the penalties you face after a DWI arrest. If your situation includes any of these aggravating factors, you may find yourself facing much more than a traffic ticket or a misdemeanor offense. In fact, you may face criminal charges that could derail the rest of your life.

How to avoid problems in a post-divorce co-parenting situation

On behalf of The Albarado Law Firm, P.C. on Thursday, December 27, 2018.

Not every marriage lasts a lifetime. While the overall divorce rate in Texas and across the country has reportedly been declining in recent years, it doesn't guarantee any married couple that their particular relationship will stand the test of time. You may be one of hundreds of other couples who are preparing to end a marriage as a new year unfolds. If so, your children are no doubt your highest priority regarding what you should or should not do during proceedings and once the court finalizes your divorce.

There is definitely no shortage of post-divorce nightmarish stories regarding co-parenting. It's also true that you can't foolproof your interactions with your ex so that you can be certain you will never encounter challenges in your co-parenting lifestyle. However, you can keep several tips in mind to make things go as smoothly as possible. First, know where to seek support if a problem arises.

Is mediation right for us?

On behalf of The Albarado Law Firm, P.C. on Monday, November 26, 2018.

There are times when a divorcing couple has little choice but to fight out their differences in court. This could be because there is a history of violence or control over one spouse, the couple has complex assets, or one spouse simply refuses to negotiate. However, in many cases, spouses who decide to divorce are more inclined to choose a gentler path to part ways.

It is not always easy to negotiate every critical decision with a spouse who has betrayed you or when your emotions are still raw. These situations often lead Texas couples to examine the benefits of mediation as a way to resolve their differences and arrive at a civil and dignified end to their marriages.

A serious defense for various white collar crime charges

On behalf of The Albarado Law Firm, P.C. on Tuesday, October 30, 2018.

Criminal charges of any kind are a serious threat to your future and your freedom. Whether you are facing serious felony charges or accusations of misdemeanor criminal activity, it is in your best interests to take quick action to defend yourself and seek a beneficial outcome to your case. This is particularly true if you are facing charges of white collar crime.

White collar crimes are quite serious, even though they lack an element of violence. Most white collar crime is financially motivated, and these cases can be complex to investigate and prove. If there are already charges pending or you are under investigation, it is to your benefit to start working on your defense strategy as soon as possible.

Seeking temporary orders before your divorce

On behalf of The Albarado Law Firm, P.C. on Sunday, September 30, 2018.

Whether you have been thinking about divorcing your spouse for months or your spouse recently dropped the bomb on you and asked for a divorce, there are certain actions you would be wise to take sooner rather than later to protect your rights. No matter how amicable you and your spouse intend to make your divorce, the fact is that some issues cannot wait for a settlement or court order.

If you and your spouse cannot arrive at a resolution to these issues, you may want to consider seeking temporary court orders. These orders resolve critical issues quickly so you can focus on your future.