The Albarado Law Firm, P.C.The Albarado Law Firm, P.C.2026-06-18T14:41:12Zhttps://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.<![CDATA[How long can drivers lose their licenses after a DWI?]]>https://www.albaradolaw.com/?p=491382024-12-06T19:53:13Z2024-12-06T19:53:13ZA driver's record determines the penalties
Every DWI case is different from the next, and state law addresses many different scenarios. Factors including the overall blood alcohol concentration (BAC) of the driver accused and their prior record influence the penalties the courts decide to impose.
After a first DWI conviction or guilty plea, a driver could lose their license for up to a year. A second offense can result in a two-year license loss. A third DWI is a felony charge in most cases, but the license suspension lasts the same two years as it would after a second offense.
Administrative license suspension is standard
People do not have to wait for a conviction to lose their driving privileges. The state issues an administrative license suspension shortly after a DWI arrest.
State authorities can issue an administrative license revocation for any driver who fails or refuses a chemical test. The automatic revocation lasts for 90 days after a first failed test or 180 days after a first refused test.
Motorists usually only have up to 15 days from the date of their arrest to petition to retain their driving privileges. The state automatically suspends their license 40 days after their arrest.
Navigating the legal system to preserve driving privileges and avoid a criminal conviction can be very difficult for those accused of DWI offenses. Understanding how the state approaches such cases can make a major difference. Drivers facing DWI charges may need help preventing the administrative suspension of their license and fighting their charges so that the courts don't impose a license suspension as a criminal penalty.]]>On Behalf of The Albarado Law Firm, P.C.<![CDATA[3 issues with entering a guilty plea]]>https://www.albaradolaw.com/?p=491302024-11-06T00:53:23Z2024-11-06T00:53:23ZRisking the worst penalties possible
Entering a guilty plea is not the same thing as successfully negotiating a plea bargain. Quite a few defendants make the mistake of assuming they should receive lenient treatment when they plead guilty. Only a plea bargain approved by the prosecutor can reduce the charges the state brings against the individual or limit the penalties they face. Those who quickly plead guilty leave themselves at the mercy of the courts and sentencing guidelines.
Accepting the impact of a lifetime record
The idea that pleading guilty quickly reduces the impact of charges on the defendant is inaccurate. Those who plead guilty have to deal with the long-term consequences of having a conviction on their record. Employers, landlords, educational institutions and many others may perform background checks. Even friends and potential romantic partners may look online to see what they can discover about an individual. The record of their guilty plea can easily turn up in a public record search, which may limit their opportunities.
Regretting the plea when defending against the charges was possible
People may live a life filled with remorse if they plead guilty to a crime they did not commit without first evaluating their options. Everyone who discovers their criminal record may assume they broke the law and intended to do so. Although many potentially innocent people plead guilty, most people assume that those who enter guilty pleas broke the law. Those who plead guilty may come to regret that choice, especially if they did so without securing any concessions from the state.
Before entering a plea or otherwise formally responding to criminal charges, most defendants may benefit from consulting with someone who knows the criminal justice system. Strong advocacy can help people limit the consequences they face or potentially avoid a criminal conviction altogether.]]>On Behalf of The Albarado Law Firm, P.C.<![CDATA[Can a co-parent move out of Texas with their children?]]>https://www.albaradolaw.com/?p=491292024-10-03T16:46:03Z2024-10-03T16:46:03ZApproval for moves is usually necessary
In Texas, parents have to provide advance notice of moves that might impact the rights of the other parent. Many custody orders include specific limitations on relocations. Some parents agreed to a specific distance, such as 100 miles. Others might have rules that require that the parents remain in the same county or school district.
In general, if the move is far enough to impact the shared custody arrangements for the family, it is far enough to warrant pre-approval from the courts or the other parent. Even relocations within Texas may require approval. Moves out of the state almost always make custody modifications necessary.
If the other parent agrees to permit the move, they can work out new custody arrangements and move forward with an amicable custody modification. Other times, the parent staying in Texas may oppose the move. The family may then need to return to family court.
A judge can review the situation, including the reasoning behind the move and the impact it might have on parent-child relationships. Judges typically focus on the best interest of the children rather than the rights of the parents in that situation.
If they do approve the move, they may modify the custody order to allow the other parent extensive time during the summer and other school vacations. Other times, they may authorize the parent to move while modifying the custody order to make the parent staying in Texas the custodial parent.
Understanding how to respond to decisions that can have major child custody implications can help parents protect their most important relationships. Relocation attempts may require negotiations or family court litigation when a move may limit one parent's rightful access to their kids.]]>On Behalf of The Albarado Law Firm, P.C.<![CDATA[3 ways a DWI conviction can affect a defendant’s finances]]>https://www.albaradolaw.com/?p=491282024-09-02T19:03:16Z2024-09-02T19:03:16ZIncreased insurance expenses
Mandatory car insurance isn't cheap, but it becomes much more expensive when a driver has major violations on their recent record. Drivers can expect a 54% increase in their insurance costs on average. Some drivers, including those with prior DWIs, may find that their rates increase by more than the average. Drivers may have to pay substantially higher premiums for multiple years after a DWI conviction.
License penalty expenses
The suspension of a driver's license is a standard DWI penalty. It can also be a very costly consequence. People may need to use on-demand transportation services like rideshare apps to get to work or important appointments on time. The cost of those alternative forms of transportation can be several times higher than the cost of insuring and fueling a personal vehicle. The longer the suspension lasts, the greater the overall cost of obtaining alternative forms of transportation.
Career consequences
Some people drive for work. A DWI conviction might leave them incapable of performing job responsibilities. Others work for companies that have clear zero-tolerance policies for criminal convictions. A DWI that occurs during employment might cost an individual their job. Other times, they may struggle to obtain advancement opportunities because of a previous conviction. A criminal record can turn up when a professional seeks out new work elsewhere or when they attempt to continue their education.
The financial consequences of a DWI are often far more significant than people initially estimate. Fighting DWI charges is frequently a better option than pleading guilty in the hopes of limiting expenses. Defendants who understand the broader impacts that a conviction could inspire can make an informed decision about a pending DWI charge.]]>On Behalf of The Albarado Law Firm, P.C.<![CDATA[Termination of parental rights in Texas ]]>https://www.albaradolaw.com/?p=491272024-08-05T16:38:26Z2024-08-05T16:38:26ZTerminating parental rights is a serious and often complex legal process in Texas, whether it occurs voluntarily or involuntarily.
Understanding the circumstances under which parental rights can be terminated is important for parents, guardians and all parties involved in these relatively rare kinds of family law cases.
Voluntary termination of parental rights
Voluntary termination of parental rights may be approved by the courts when a parent chooses to relinquish their legal responsibilities and rights to their child. This process is typically initiated by a parent and must be approved by a court to ensure that it is in the child's best interest. Common scenarios for voluntary termination include:
Adoption: A parent may voluntarily terminate their rights to allow the child to be adopted by another individual or couple. This is particularly common in stepparent adoptions or when another family member adopts the child.
Relinquishment due to inability to provide care: In some cases, a parent may acknowledge their inability to care for the child adequately and choose to relinquish their rights, often allowing a more suitable guardian to step in.
The process involves the parent signing an affidavit of voluntary relinquishment of parental rights, which must be witnessed and notarized. The court then holds a hearing to determine if terminating the rights is in the child's best interest before issuing a final order.
Involuntary termination of parental rights
Involuntary termination of parental rights involves a more contentious process, as it results in the court severing a parent’s rights without their consent. This typically happens when it is deemed that a parent poses a danger to the child's welfare. The following are common grounds for involuntary termination in Texas:
Abandonment: If a parent abandons the child and fails to provide adequate support or maintain contact, the court may terminate their rights.
Abuse, endangerment or neglect: A history of physical, emotional or sexual abuse or neglect towards a child can lead to the termination of parental rights. Similarly, if a parent engages in behavior that endangers their child's physical or emotional well-being, the court may act accordingly.
Failure to support: Consistent failure to financially support one’s child, despite being able to do so, can be grounds for termination.
Imprisonment: Long-term imprisonment of a parent may also result in termination if it significantly impacts their ability to care for their child.
Mental illness or deficiency: Severe mental illness or deficiency that renders a parent incapable of caring for their child may lead to termination of rights.
The process for involuntary termination involves the filing of a petition by a concerned party. The burden of proof lies with the petitioner to demonstrate that termination is in the best interest of the child.Terminating parental rights, whether voluntarily or involuntarily, is a significant legal undertaking with lasting implications for both parents and children. Those with questions about this process often benefit from seeking personalized legal guidance, as every family’s situation is inherently unique. ]]>On Behalf of The Albarado Law Firm, P.C.<![CDATA[Which assets should you prioritize during property division?]]>https://www.albaradolaw.com/?p=491222024-07-07T23:46:46Z2024-07-07T23:46:46ZProperty division is rarely a straightforward process. As such, it is understandable if you are unsure of where to start. Determining how you’ll prioritize which assets to fight for, which to let go of and which you will “take or leave” depending on how negotiations progress can help you to strategize more effectively as your situation evolves.
Every divorce is different, just as every couple’s marital estate is unique. The following priorities may or may not be right for you. But, by considering how each of these potentially consequential assets will factor into your property division strategy, you’ll be better positioned to manage the process effectively overall.
Liquid assets
Liquid assets, including cash, savings accounts and investment accounts, can provide you with immediate financial stability and flexibility. These assets may be able to help you cover daily living expenses, legal fees and any unforeseen costs during and after the divorce process. Prioritizing liquid assets can help to better ensure that you have the financial resources necessary to navigate the transition period.
Primary residence
A family home often holds significant sentimental and financial value for those who live there. Deciding whether to keep or sell your primary residence is, therefore, a deeply personal concern. However, it must be a practical endeavor as well. If you have children, maintaining stability by keeping the home might be beneficial. However, you’ll need to work to ensure that you can afford the mortgage, maintenance and property taxes on a single income before committing to fighting for this asset.
Retirement accounts
Retirement accounts, including 401(k)s, IRAs and pensions, may be important for your long-term financial security. These assets are often among the most financially significant in a marital estate. Depending on your age and circumstances, prioritizing a fair portion of these accounts may help you to safeguard your financial future post-retirement.
Personal property and sentimental items
Personal property, including your car, certain pieces of furniture, household items and sentimental assets should also be considered. Depending on how your ex feels about various items, it may be easier to negotiate for these items by trading them for other assets of comparable value than simply demanding to keep them and revving up tensions accordingly. At the end of the day, prioritizing assets thoughtfully during property division will not guarantee a favorable outcome, but it will help to better ensure that you benefit from one. ]]>On Behalf of The Albarado Law Firm, P.C.<![CDATA[Tips for easing the stress of co-parenting]]>https://www.albaradolaw.com/?p=491192024-06-05T12:06:22Z2024-06-05T12:06:22ZFocus on logical decisions
It’s easy to become emotional when you’re making decisions regarding your children. While that’s perfectly understandable, it can work against you when you’re trying to work out contentious issues with your ex. In these cases, it’s typically best to focus on the logical side of things instead of the emotional. One way you can do this is to keep an open mind and think about how each option available will impact the children.
Always speak directly to each other
Never try to send messages back and forth through the children. Instead, speak directly to each other so you both know exactly what’s going on. When you communicate directly with your ex, you take away the chance of the kids making errors with the message, as well as them being subjected to reactions that they may not need to deal with.
Compromise can sometimes help
As a parenting team, you and your ex should be willing to compromise based on what’s best for the children. This may not always be easy, but it can help to resolve conflicts in a faster and more agreeable manner. Remember, both adults should be giving some and taking some. Keeping the balance can provide the children with the chance to do more things that will be meaningful for them and create lasting memories.
One of the most important things you should do is to ensure that you have a solid parenting plan in place. This should provide information about each parent’s responsibilities and how the parenting relationship will work. Making this effort can help to set expectations and lay a foundation for a solid co-parenting arrangement.]]>On Behalf of The Albarado Law Firm, P.C.<![CDATA[Prosecution’s burden of proof in a Texas domestic violence case]]>https://www.albaradolaw.com/?p=491032024-05-06T05:48:37Z2024-05-06T05:48:37Zdomestic violence charges or seeking to support a loved one in such a situation.
What is domestic violence?
The Lone Star State defines domestic violence broadly. It encompasses acts by a member of a family or household against another member that fall into two categories: Causing physical harm or creating a reasonable fear of imminent harm. This can include:
Physical assault
Sexual assault
Threats of violence
The key element is the relationship between the perpetrator and the victim. State law recognizes domestic violence can occur between spouses, ex-spouses, parents and children, roommates or dating partners.
The prosecution’s burden of proof
The burden of proof in a domestic violence case always lies with the prosecution. In other words, they must prove the defendant is guilty beyond a reasonable doubt. In a domestic violence case, the prosecution needs to establish several key elements to secure a conviction.
First, the prosecutor must establish a qualifying relationship existed between the defendant and the alleged victim. This could involve:
Marriage
Cohabitation
Parenthood
A dating relationship
Secondly, the prosecution must provide evidence that proves the defendant committed acts that meet the legal definition of domestic violence. This could include physical assault, sexual assault or threats that caused the victim to fear imminent harm.
Depending on the specific charge, the prosecution may also need to prove the defendant intended to cause physical harm or acted recklessly, creating a substantial risk of such harm.
Suppose the case involves threats; in that case, the prosecution must demonstrate the threats created a reasonable fear of imminent harm in the victim’s mind.
The prosecution can utilize various forms of evidence to build their case. This may include statements from the victim, responding officers, neighbors or anyone who witnessed the alleged violence. Photos of injuries, damaged property or any objects used in the violence can also be used as evidence.
Naturally, domestic violence cases can be emotional and complicated. Individuals facing domestic violence charges can benefit from seeking legal counsel from a reliable legal team that understands the intricacies of Texas law. They can help navigate the legal system, question the prosecution’s evidence and explore potential defenses.]]>On Behalf of The Albarado Law Firm, P.C.<![CDATA[Tips for planning vacations with your children post-divorce]]>https://www.albaradolaw.com/?p=491022024-04-17T18:21:01Z2024-04-17T18:21:01Zvacation plans, children may be able to have experiences they wouldn’t have otherwise. If you co-parent with your ex, considering these tips may help you to work through common challenges that are inspired by trying to make vacation plans with kids post-divorce.
Setting the schedule
For many parents, trying to determine the dates of a vacation is one of the most difficult tasks. The parenting plan may stipulate that vacation dates trump the regular parenting schedule. This gives the parents a bit more flexibility in choosing the dates.
Factoring in transportation
As you consider the dates, be sure to leave enough time between getting the kids and leaving for the trip, as well as between returning and the children going to their other parent’s home. Giving yourself ample time can reduce the stress of the situation for everyone involved.
Determining the location
The location of the vacation is another major consideration. Before you decide where to go, check the parenting plan to determine if there are any restrictions on travel. In some cases, you may need to have the other parent’s permission or the court’s permission to take the children out of a specific geographic area.
Planning for communication
Parents must plan for communication with the other parent. This may start with giving them the information about where you’re going with the children. You also need to plan times for the children to contact their other parent. This might be phone calls, but it can also be video chats, texts or emails.
Making sure your vacation plans comply with the terms of your parenting agreement is critical. If your parenting plan doesn’t allow for the vacation you envision, it might be necessary to seek a modification or work with your ex to change the terms. Working with a legal representative who understands the intricacies of your case and how the law applies to it might be beneficial.]]>On Behalf of The Albarado Law Firm, P.C.<![CDATA[Can Texas prosecutors pursue felony charges in a DWI case?]]>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.]]>