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Recent Blog Posts
Can My History as an Abuse Victim Impact My Sentence?
People facing criminal charges in Texas who were victims of abuse in the past might be sentenced differently than others. While the extent of how this type of history can impact sentencing for criminal charges depends on several factors and can be calculated differently for each defendant, it is certainly a mitigating factor to be considered. However, there is no guarantee that an abuse history will automatically help you get a more lenient sentence. To learn more about how your personal background can impact sentencing, speak with a skilled Marble Falls, TX criminal defense lawyer.
How Do Mitigating Circumstances Affect Texas Sentencing?
Texas courts are authorized to review mitigating factors during a criminal case and decide whether they can be used to reduce the sentence. Some examples of mitigating factors that impact sentencing include:
How is Cryptocurrency Addressed in a Texas Divorce?
Cryptocurrency has become an increasingly popular investment. Bitcoin, Ethereum, and other digital currencies allow people to play the market and potentially turn a significant profit. Although it is much more common and there is more awareness about cryptocurrency now than there was only a few years ago, it is still a relatively new topic as far as divorce is concerned.
Since Texas follows a community property model for the distribution of a marital estate, anything a couple obtained when they were married is to be divided equally between the spouses. However, cryptocurrency is not traditional money and it can be difficult to understand how to address it. If you have questions about the impact of divorce on cryptocurrency, a qualified Llano, TX family law attorney can answer.
Cryptocurrency and Community Property
Since Texas is a community property state, the courts consider everything acquired by either spouse during a marriage to be jointly owned by both spouses. With few exceptions, these marital assets are to be divided equally between the two in a divorce. If cryptocurrency was purchased or mined during a marriage, it is typically considered the joint property of both spouses.
Dealing With False Allegations of Domestic Violence in Texas
Domestic violence is a serious crime, as are false accusations of domestic violence. False allegations need to be handled with the understanding that they can wrongfully lead to restraining orders, criminal charges, and significant damage to a person’s personal and professional reputation. In the context of family disputes and custody battles, false allegations can irreparably damage a parent-child relationship.
When facing these types of accusations, it is crucial that you understand the implications and how to protect yourself. If you are falsely accused of committing domestic violence, possibly due to anger or malicious intent by your child’s other parent, you need a qualified Marble Falls, TX criminal defense lawyer with experience handling similar cases.
What Constitutes a False Allegation of Domestic Violence?
People can sometimes misunderstand a situation and mistakenly accuse someone of wrongdoing. For example, a neighbor can hear what sounds like an intense, physical altercation ending with a child screaming. That neighbor might think someone purposely hurt that child when in fact the child might have been trying to move his furniture or toys and then got hurt and cried.
Can a Protective Order Stop Domestic Violence?
One of the most traumatic forms of violence a person can deal with is domestic violence. If you are a victim, the family you should be able to trust and the place that is supposed to be your safe space may be the sources of the biggest dangers in your life.
Fearing for your safety is an awful experience to go through, but there are steps the legal authorities can take to protect you, including protective orders, commonly referred to as restraining orders. If you or your children are suffering domestic violence, speak with an experienced Llano, TX family law attorney about pursuing a protective order.
What Type of Domestic Abuse Qualifies for a Protective Order?
You might be surprised to learn that protective orders are not only issued for actual physical violence. They are commonly used to address various types of abuse in intimate relationships, including:
A Step-By-Step Guide to a Criminal Arrest in Texas
The criminal justice system can be overwhelming, especially if you have never encountered it before. If you are about to be charged with a crime, you might wonder what to expect and how long everything will take. This article will describe the stages from an arrest until a trial begins. If you have questions, speak with a knowledgeable Marble Falls, TX criminal defense attorney.
Stage 1: Arrest
You can get arrested if there is probable cause, a witness identifies you, or a police investigation leads to you. After getting an arrest warrant, police can take you into custody. They can search your body and your surroundings for illegal drugs or weapons, evidence, or stolen objects. Whatever personal belongings they confiscate from you are placed in an inventory that you sign for.
Stage 2: Booking
A clerk will record information about your arrest, the charges, and personal information. They will typically fingerprint you, take handwriting and DNA samples, and photograph you for a mug shot. Booking should take place within hours after the arrest. If it does not happen quickly, your lawyer can ask for a writ of habeas corpus, which orders the police to bring you to court to see whether you are being detained unlawfully.
What Happens When Divorced Parents Disagree About Social Media Use in Texas?
When parents go through a divorce, many disagreements can come to light. Whether their arguments are about what to feed their child, how much screen time they should have, or how to handle homework, there are endless potential points of contention.
A law that was recently enacted in Texas aiming to regulate parental control over children’s social media use has highlighted another source for arguments that could have parents seeking to modify their custody arrangement. If you and your ex disagree about which social media practices are appropriate for your child, speak with a reliable Llano, TX family law attorney to understand how to address this.
How Can Custody Arrangements Affect a Child’s Social Media Use?
When parents are involved in a custody dispute, social media usage can be just one of many sources of arguments. One parent might advocate for their child’s safety by seeking to protect the child from harmful or inappropriate content. The other might focus more on helping the child develop healthy independence by encouraging her to make smart choices.
Can I Be Forced to Install a Breathalyzer in My Car after a Texas DWI?
According to official Texas statistics, 1,090 people died last year in car crashes where the driver was under the influence of alcohol. Those fatalities made up a quarter of all motor-related deaths in the state in 2023. Local authorities are trying to crack down, resulting in serious consequences for DWI (driving while intoxicated) charges. A DWI conviction can result in a prison sentence, in addition to getting your driver’s license suspended and being given heavy fines. Depending on the details of your case, the judge can even order you to install an ignition interlock device (IID) in your car. If you are facing DWI charges, speak with a Marble Falls, TX criminal defense lawyer who can help you navigate the next steps.
How Does an IID Work?
An ignition interlock device (IID) is a small breathalyzer device that you might be required by law to install in your car. Its main function is to measure your blood alcohol concentration (BAC) to determine whether you have too much alcohol in your system to allow you to drive.
What Happens if I Get Divorced Without a Lawyer? | TX
Many people think about getting divorced without a lawyer to save money and time. While this is possible, it can lead to serious problems. Without a lawyer, you might struggle to understand your legal rights, divide your assets fairly, or address important issues like child custody and child support.
The decisions you make during a divorce can affect your finances and family life for years, so it is important to understand what you are risking if you choose to go through the process without legal help. Call our friendly, experienced Texas divorce lawyer at Law Office of Russ Alan Baker, PLLC to learn more.
Why Do People Get Divorced Without a Lawyer?
People often think about getting divorced without a lawyer for a few reasons. One of the main reasons is to save money. Divorce can be expensive, especially if it involves hiring a lawyer. Some people believe that if their divorce is straightforward, they can handle the paperwork and negotiations on their own. For example, if a couple agrees on how to divide their property and there are no children involved, they might feel confident enough to go through the process without legal help. In some cases, people simply want to get the divorce over with quickly and believe that skipping a lawyer will speed things up.
The Potential Consequences of a Felony Conviction in Texas
Texas ranks as the state in the nation with the most people incarcerated. There are currently more than 130,000 people sitting in Texas prisons and jails. This should come as no surprise since the state also has the sixth highest incarceration rate in the country at 452 out of every 100,000 individuals, as well as having the most convicted felons living here. While population does play a role in these numbers, it is important to note that other states with similar populations – like California – are not even in the top ten of felon population.
Felony charges are the most serious criminal offenses you can face. Although a misdemeanor conviction can result in up to 12 months in jail, a felony conviction often means years in prison, including the potential of life sentences. If you have been arrested on felony charges, it is important to speak with a Texas defense attorney immediately to find out what legal options you may have for defending against these charges.
When Can Texas Courts Order a Paternity Test?
Paternity can be a contested topic. Many parents may find themselves needing to establish paternity with a DNA test to ensure that each parent understands their legal rights and obligations to a shared child. In some cases of paternity disputes, the court may order that the alleged father of the child submit a paternity test. A skilled Texas paternity lawyer can help you navigate the process of establishing paternity whether you are a mother or a father struggling with this issue.
Why Is It Important to Establish Paternity?
Paternity helps a father obtain legal rights to his child, allowing him visitation and child custody rights in the case of a divorce. Paternity will also provide the father with the responsibility to provide financial support to his child. In cases where paternity is questioned or challenged, establishing paternity can help put an end to custody and child support disputes.
From our offices Llano and Burnet, our law firm serves clients in Marble Falls, Johnson City, Blanco, Fredericksburg, San Saba, Llano County, Burnet County, Mason County, Lampasas County, Blanco County, Mills County, Gillespie County, and throughout Central Texas.
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