The Albarado Law Firm, P.C.The Albarado Law Firm, P.C.2024-03-18T19:52:24Zhttps://www.albaradolaw.com/feed/atom/WordPress/wp-content/uploads/sites/1604230/2020/04/cropped-favicon-32x32.pngOn Behalf of The Albarado Law Firm, P.C.https://www.albaradolaw.com/?p=490962024-03-18T19:52:24Z2024-03-18T19:52:24ZWhen are felony DWI charges possible in Texas?
Many DWI offenses are technical infractions. Someone breaks the law and gets caught, but their actions may not have any direct impact on others. Other times, drunk drivers cause collisions that put people in the hospital or lead to someone dying.
Prosecutors in Texas can pursue felony charges for vehicular assault or vehicular homicide when drunk motorists injure people or cause fatal crashes. Those involved in collisions and accused of impairment at the wheel may already understand that their case may face more scrutiny and trigger harsher penalties than a violation based solely on someone's blood alcohol concentration (BAC).
Causing injury to others is not always necessary for felony DWI charges in Texas. There are a couple of other situations in which the state could charge someone with a felony DWI. If someone has at least two prior DWI convictions, then their third offense might be a felony charge. Additionally, if someone gets pulled over for a traffic stop and arrested for a DWI with a passenger under the age of 15 in the vehicle, that might also lead to felony charges.
Both those accused of misdemeanor DWI offenses and those facing felony charges may need to look into their options for defending against those accusations. Learning about how Texas prosecutors handle DWI cases may benefit those accused of breaking the law. People who understand state rules could have an easier time preparing an effective defense strategy.]]>On Behalf of The Albarado Law Firm, P.C.https://www.albaradolaw.com/?p=490952024-02-17T02:20:34Z2024-02-17T02:20:34ZThe spouse with the pre-existing ownership interest
Sometimes, one spouse enters a marriage with real property already in their name. Maybe they purchased a home shortly after beginning their career or inherited it from a family member.
That pre-existing relationship may give someone a stronger claim to possession of the home as the divorce moves forward. Even when someone may have previously purchased the home, at least part of its equity could be part of the marital estate. They may need to negotiate a way to share that equity with their spouse when they decide to retain possession of the home.
The spouse with more parenting time
Sometimes, the most important factor when deciding who should live in the home is who spends more time caring for the couple's children. Allowing the kids to spend as much time as possible in the home where they grew up can help keep things stable and predictable during a disruptive experience.
Parents often factor in the needs of their children when trying to settle property division matters. There are other considerations too. Sometimes, finances are what determine who stays in the marital home. One spouse might have a much better credit score than the other or more income. The ability to qualify for a mortgage can be the deciding factor in who stays in the home.
Even physical health could influence the negotiations, as one spouse might not be able to physically maintain the home without the support of the other. Regardless of who stays in the home, spouses generally have to find a fair way to share the accrued equity in the property. They can achieve this by refinancing or possibly by leveraging other assets to balance the value of the home.
Having a realistic expectation for what happens with particularly valuable assets may benefit those preparing for a Texas divorce.]]>On Behalf of The Albarado Law Firm, P.C.https://www.albaradolaw.com/?p=490542024-01-18T19:39:33Z2024-01-18T19:39:33ZClear and concise communication
Communication with a narcissistic ex should be straightforward, factual and devoid of emotional content. It’s advisable to communicate in writing to maintain a record of conversations. Avoid engaging in arguments or emotional exchanges. Stick to discussing matters directly related to the children's well-being and custody arrangements.
Setting boundaries
Establishing and maintaining firm boundaries is crucial. This means being consistent with the agreed-upon terms of the parenting plan and not allowing the narcissistic ex to overstep these boundaries. If boundaries are violated, it’s essential to address the issue calmly and firmly, possibly with legal assistance if necessary.
Self-care and support systems
Taking care of your emotional and physical well-being is vital. Engage in activities that promote relaxation and well-being, such as exercise, hobbies or spending time with supportive friends and family. A strong support system can provide emotional support and practical assistance.
Documenting interactions and issues
Keep a detailed record of all interactions with your ex-partner and any issues concerning the custody arrangement. Narcissists often live in their own false world, so having proof of everything is a good idea. This documentation can be helpful if legal intervention becomes necessary.
Trying to work with a narcissistic ex is almost always challenging. Because these matters are so complex, it’s often best to seek legal guidance when you have questions or concerns. Doing so can help you to protect your rights and your children’s interests as well.]]>On Behalf of The Albarado Law Firm, P.C.https://www.albaradolaw.com/?p=490532023-12-19T04:43:36Z2023-12-19T04:43:36Zimplied consent law that applies to everyone using Texas roads or holding a Texas driver's license. These parties preemptively agree to chemical testing when police officers have probable cause to suspect impairment at the wheel.
How can the Texas implied consent law influence DWI cases?
It helps the state gather evidence
Compelling people to submit evidence implicating themselves can be very difficult. The implied consent law gives police officers leverage that can help them build a case against a motorist. Provided that they have the probable cause necessary to arrest someone for a DWI, they also have reason to require a chemical test. Officers may inform someone of the implied consent law to convince them to perform a test, which in turn may provide the state with evidence regarding their BAC at the time of their arrest.
It increases the possible penalties
Someone arrested for a DWI in Texas could end up in prison if they plead guilty or get convicted. A judge could order them to pay large fines, sentence them to probation or suspend their driver's license. If someone also violated the implied consent law by refusing a chemical test, they could face additional penalties. Implied consent violations typically lead to additional driver's license penalties.
It can affect someone's trial
In theory, a motorist who declines a chemical test during a DWI arrest prevents the state from gathering key chemical evidence against them. Of course, an officer could potentially go to a judge to seek a warrant for a blood draw at that point. They could also testify in court about not just someone's behavior prior to and during the arrest but also their refusal to perform the test. The testimony of the officer and the alleged implied consent violation could increase the chances of someone's conviction during a trial.
There are many different defense strategies that can work for those accused of a DWI offense. Seeking legal guidance and understanding relevant laws may help people better respond to pending Texas DWI charges.]]>On Behalf of The Albarado Law Firm, P.C.https://www.albaradolaw.com/?p=490522023-11-14T11:58:57Z2023-11-14T11:58:57ZWhat is reactive abuse?
The popular image of domestic abuse victims portrays them as frightened and easily intimidated. While it is true that people may cower when someone else becomes aggressive, they will also have an angry response to the aggression or conduct of their abusive partner. Sometimes, individuals who have experienced abuse at the hands of their spouse, roommate or family member will lose control of their feelings and lash out at the person who mistreats them. They may scream, throw things or hit back even though they know they are not as strong as the other person. Reactive abuse is quite common among those who have endured domestic violence.
What officers get wrong
Sometimes, the circumstances make it look like one person was the instigator because they seem more emotional or the other party has signs of recent injuries. However, officers may fail to recognize that what they witnessed was a five-minute outburst following weeks of mistreatment or more. When officers arrest the wrong person in a domestic violence situation, a victim who has endured misconduct for a long time may suddenly face criminal consequences for reciprocating the abuse they have experienced. Individuals speaking to fight back against domestic violence charges may need to present evidence about prior incidents and their mental health as part of a comprehensive defense strategy.
Understanding the nature of reactive abuse can help people accused of violating Texas domestic violence laws mount a more successful defense to the allegations they face. Seeking legal guidance promptly is usually the best way to get started.]]>On Behalf of The Albarado Law Firm, P.C.https://www.albaradolaw.com/?p=490512023-10-12T13:47:32Z2023-10-12T13:47:32ZPolice training
The police officer who administers the test needs to be properly trained and needs to carry out tests correctly. An informed approach provides the greatest accuracy levels. If the officer makes mistakes or has never been trained to walk people through these tests, it can become unclear if a failure was the subject's fault or the officer’s.
The tests don’t consider other factors
A big problem with field sobriety tests is that, even if they are conducted properly, they don’t take into account a variety of factors that can influence the results. For instance, maybe someone is overly fatigued or using a certain type of medication. They may appear to be intoxicated to a police officer, but their mistakes during the test are actually because of these other issues. Other examples are disability, injury or something like advanced age. All of these can make it more difficult for someone to complete physical tasks, even when sober.
How these challenges often play out
One common field sobriety test is the walk-and-turn test. A driver will be instructed to walk to a certain point, turn around and then return to the police officer who is conducting the test. What if that person has a disability that limits their mobility or what if they have a lingering back injury that makes it hard for them to walk or turn smoothly? Once again, they may stumble or make other mistakes during the test that have nothing to do with alcohol intoxication.
Considering legal defense options
Even though field sobriety tests can easily provide inaccurate results, they are still used frequently. Those who have been arrested because they failed these tests need to know about all of their legal defense options, especially if they believe that clear errors were made during the test.]]>On Behalf of The Albarado Law Firm, P.C.https://www.albaradolaw.com/?p=490502023-09-13T07:13:48Z2023-09-13T07:13:48ZThe consent of the parents
If the parent of the child does not approve of the adoption, possibly because of benefits available to the child through a deceased parent, it will not be possible for a stepparent to move forward with the adoption process. They will typically also need the approval of the other parent if they are still alive. A legal or biological parent will need to rescind their rights to allow a stepparent adoption unless they have already died or the state terminated their rights previously.
Proper paperwork
There will be a lot of documentation required to complete a stepparent adoption in Texas. For example, the family will need to undergo an adoption evaluation, a process that typically includes a home study. The stepparent seeking the adoption will need to submit to a background check and will need to sign numerous other legal documents to even become eligible for a stepparent adoption. Small mistakes in that paperwork can significantly delay the process.
Court approval
Once someone has the appropriate paperwork in place and has completed every requisite step for a stepparent adoption, including a background check, the matter will need to go to family court. If the child is older and the adoption will result in a change to their name, then the child's approval is often an important part of the official adoption process in Texas family court. A judge will need to agree with the claim that the stepparent adoption would serve the best interest of the child after reviewing the family's circumstances.
Although it can be a very lengthy procedure, many stepparents find adoption to be a worthwhile and rewarding experience. Understanding the requirements for a stepparent adoption could help an adult determine whether they are currently in a position to become the legal parent of their stepchild in Texas.]]>On Behalf of The Albarado Law Firm, P.C.https://www.albaradolaw.com/?p=490492023-08-09T00:46:27Z2023-08-09T00:46:27ZWhy chemical testing isn't that trustworthy
A chemical breath test examines a sample of exhaled air how to look for alcohol molecules. However, other compounds can also trigger a false positive, including acetone. Therefore, there are many issues that might lead to false positive results on a breath test.
Someone using certain medication or mouthwash that includes alcohol right before driving could trigger a false positive result. Certain dietary choices and even health issues can also cause false positives. Additionally, errors made by the officer administering the test or a failure to maintain and calibrate the testing device could also result in inaccurate test results showing that someone was under the influence when they were actually below the legal limit.
Challenging test results is a possible defense strategy
Those accused of impaired driving can potentially cooperate with a defense attorney to avoid a criminal conviction by challenging the accuracy of their test results. Especially in cases where there is minimal other evidence indicating that someone was under the influence, presenting evidence that raises questions about the accuracy of the testing or an alternate explanation for the results could create the reasonable doubt that someone needs to avoid a conviction.
Considering every viable defense option can help those facing DWI charges to potentially avoid incarceration and other life-altering penalties over a situation that may ultimately have been a misunderstanding.]]>On Behalf of The Albarado Law Firm, P.C.https://www.albaradolaw.com/?p=490462023-07-02T01:31:22Z2023-07-02T01:31:22ZDivorce and immigration status
The act of divorcing itself does not trigger immediate removal proceedings or jeopardize one's immigration status. However, there are some situations where a divorce may indirectly impact an immigrant's status.
In cases where an immigrant obtained their green card through marriage, they may initially receive a conditional green card. This conditional status is granted when the marriage is less than two years old at the time of obtaining the green card. The immigrant may face potential challenges if the couple divorces during the conditional period.
To remove the conditions on their residency and obtain a permanent green card, the immigrant and their spouse must jointly file a petition with the United States Citizenship and Immigration Services (USCIS). This joint filing demonstrates that the marriage was entered in good faith. However, the immigrant may face difficulties if the marriage ends in divorce before the joint petition is filed.
How to avoid getting deported
While divorce does not lead to automatic deportation, it can trigger a review of an immigrant's overall circumstances by immigration authorities. During the assessment, USCIS may examine the immigrant's ties to the U.S., including their:
Employment
Community involvement
Family relationships
This is to determine whether they meet the eligibility requirements for permanent residency or other forms of legal status.
If the immigrant passes the assessment, they can apply for a waiver of the joint filing requirement. In such cases, they need to demonstrate that the marriage was entered into in good faith but subsequently terminated due to reasons beyond their control or due to domestic violence or abuse. This waiver allows the immigrant to file the petition independently.
Immigrants with conditional green cards obtained through marriage should be cautious, as divorce during the conditional period may complicate their path to permanent residency. Having legal guidance can help you as you seek to remain in the U.S.]]>On Behalf of The Albarado Law Firm, P.C.https://www.albaradolaw.com/?p=489552023-06-08T14:03:56Z2023-06-08T14:03:56ZTexas law puts pressure on victims
Once someone has a child, they have an obligation to act in the interest of that child even if what their child needs might be contrary to their desires. In scenarios involving domestic violence, Texas imposes a statutory obligation on parents to address the situation. The state can prosecute a parent for physically harming a child and also for causing mental damage, both through direct actions and omissions.
When the state prosecutes women for failing to leave an abuser, it is often that “omission” which seemingly justifies the charges. Both scenarios where children witness domestic violence and where they are secondary targets by an abuser could result in a parent losing their custody rights. Texas prosecutors can charge someone with a failure to protect charge even though they are also a victim of domestic violence. A guilty plea or conviction could then impact a mother's custody rights accordingly.
Women hoping to leave a violent scenario may need to plan ahead to protect themselves and learn more about state law so that they can more effectively protect their children. Reporting domestic violence, seeking a protective order and removing the children from a volatile situation are all steps that could help protect a parent's rights when the family must respond to a domestic violence situation.
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