Tyler Flood & Associates www.tylerflood.com (713) 224-5529Regardless of your situation, you should place your trust in experienced and successful Texas drunk driving attorneys. The firm of Tyler Flood & Associates, Inc. is a team of Houston DWI lawyers who are experienced in handling drunk driving charges. The firm has assisted numerous individuals, and is very experienced and well-schooled in the art of determining the best course of action for your Texas DWI issues. If you have been arrested for a DWI offense in Texas, do not try to handle the legal situation yourself. Contact a team of experienced and respected Texas DWI defense attorneys such as Tyler Flood & Associates, Inc. to make sure that your rights are protected.
http://www.youtube.com/watch?v=3Esrs4gWae4&hl=en
Saturday, February 27, 2010
Sunday, February 14, 2010
The Crime of Conspiracy
A conspiracy is an agreement between two or more individuals to break the law at some point in the not so distant future. In some jurisdictions, it is required that the parties who have formed the agreement have done some overt act in furtherance of their agreement. While many conspiracies are small, there is no limit on the number of individuals who can be charged with participating in the conspiracy.
The United States has adopted a rule on conspiracy that is somewhat broad. Here, a conspiracy is an agreement of two or more people to commit a crime or to accomplish a legal end through illegal actions. As an example of committing a crime to accomplish a legal end, agreeing to hold up a liquor store in an effort to take funds to give to a charity does not make holding up a liquor store legal, despite the fact that giving money to charity is not only legal but encouraged.
There is a misconception that in order for a conspiracy to be a conspiracy, it must have been planned in secret. While many of this type of crime are planned in secret, out of necessity, there are many conspiracies formed not in secret. Depending on the conspiracy, the level of secrecy required varies. Obviously, individuals planning a major event will use more secrecy than those that have conspired to turn stop signs upside down.
As for intent, the rules of conspiracy do not require that the prosecution show any specific intent by the named defendants to injure any specific person to establish that there was an illegal agreement in place. Instead of specific intent, the law usually only requires that the conspirators agree to engage in a certain illegal act. The intent for this crime is generally referred to as a "general intent" to violate the law.
Prosecutors in general like charging individuals and groups with conspiracy. They like it because, unlike accomplice liability, they don't have to prove the particular role of a specific conspirator. The person is guilty of the conspiracy because he or she entered into an agreement to commit some illegal act. For example, if two people decide to enter into an agreement to kill a third person, and this agreement can be proven, and the third person is actually killed, as a result of either conspirator, the prosecutor doesn't have to prove with specificity which of the conspirators pulled the trigger when the crime was committed. If the prosecutor had to prove who actually pulled the trigger, and both conspirators had handled the gun and left fingerprints, then both conspirators could demand an acquittal since the prosecutor would be unable to prove, beyond a reasonable doubt, which conspirator pulled the trigger and which one merely checked the clip.
To be convicted of a conspiracy, a prosecutor must prove that a) the conspirators actually conspired to commit a crime and that b) the crime was committed by an individual involved in the conspiracy.
Austin criminal defense attorney Ian Inglis is dedicated to giving each of his clients an opportunity to show that they are indeed innocent of whatever charges levied against them.
Joseph Devine
Monday, February 8, 2010
The Importance of Obtaining a Permit For Concealed Weapons
The debate regarding the purchase and possession of weapons in the United States has a storied and unresolved history thus far. While the debate rages on, individuals are still allowed to purchase and own handguns for the protection of their property, for hunting, and for collection. In Texas and other states, it is legal for individuals to carry concealed handguns on their persons, if they have the proper license to do so.
It is very important that individuals realize the seriousness of obtaining a license before carrying a gun in a concealed manner. If a person is apprehended with an unlicensed handgun or is caught carrying it in a concealed fashion without the proper permit, he or she may face criminal weapons possession charges. Such criminal charges may result in fines, probation, the revocation of weapons licenses, and even incarceration.
To obtain a concealed handgun license in Texas, individuals must often show proof of residency in the state for a period of at least six months. Individuals may show such proof in the form of rental agreements, utility bills, and other official documentation that shows the person's address in the state. People are also often required to show proper identification, which may include driver's licenses, social security cards, or other forms of government-issued identification.
Persons who have been convicted of violent crimes or other types of weapons convictions may not apply for a concealed handgun license if the conviction occurred within the past ten years. The laws require that only individuals in good standing with the law and a clean record for the decade prior to the application be granted the right to carry a handgun on their person. Although many people do not realize it, persons who have been convicted of DWI and DUI may also be denied the right to carry a concealed weapon.
Persons seeking a concealed weapons permit are usually required to take weapons-safety classes that usually include up to fifteen hours of instruction regarding the rules and regulations of the state. Following the completion of classes, the applicant must wait a period of sixty-days in order for the application to be processed and acceptance or rejection to be finalized.
It is important to remember that you should always obtain the correct licenses before carrying a concealed weapon. It is also essential for license holders to be aware of government buildings, schools, and other locations that do not allow non-commissioned individuals to carry weapons, even if they hold a concealed weapons permit. If you would like to know more about weapons permits and unlawful weapons possession, visit the website of the Austin criminal defense attorney Ian Inglis.
Joseph Devine
Saturday, February 6, 2010
Illegal Street Racing and Criminal Defense
Illegal Street Racing
Automobile racing has been around since the invention of the car, and many auto companies strive to build high-performance machines that appeal to the consumer who likes power and pick-up in his or her automobile. Along with high-performance vehicles comes the temptation to race against other drivers, a dangerous action that can result in serious injury to the driver or others and in many cases may result in criminal prosecution.
Over the past decade, law enforcement officers have seen a steady increase in the number of arrests made for illegal street racing. Dangerous activity like this often takes place on city streets, neighborhoods, and parking lots around the U.S. Because of the dangerous speeds and high-likelihood of accidents or crashes, street racing is illegal in nearly every city and state.
Individuals who participate in or aid an illegal street race may face criminal prosecution for their actions. This means that drivers caught racing may be apprehended, arrested, and jailed for their actions. In addition, the vehicle used in the race may be impounded for up to thirty days. If the vehicle has been modified with illegal parts of additions, the driver may face additional fines as a result. Criminal charges may be filed against the driver and punishments may range from fines and probation to incarceration in a state jail facility.
If a person causes the death of another individual due to participation in a street race, he or she may face criminal homicide charges. Such charges may claim that the individual who participated in the race unintentionally caused the deceased to lose his or her life. It is important to realize that serious charges and consequences may arise from street racing.
Many people understand that participating in an street-race is illegal, but many are not aware that assisting with the organization or act of a street race can bring criminal charges as well. This means that people who help the race get started or help "block off" sections of the road for a race may be charged with crimes as well as those who are driving.
If you have been wrongly charged with participating in or helping set up an illegal street race, you have the right to defend yourself against the criminal charges. An experienced criminal defense attorney may be able to help you resolve your case in a satisfactory manner. If you would like to know more about illegal street racing and defending against criminal charges, visit the website of the Austin criminal defense attorney Ian Inglis.
Joseph Devine
Friday, February 5, 2010
Under New Proposed Texas Legislation, Teenagers May Need Doctor's Note to Use Tanning Bed
The annual ritual of spring break is in full swing for high school and college students everywhere, including here in Texas. Beaches right here in our great state of Texas are a popular destination for young people looking for a week of fun away from parents and teachers. In preparation, tanning salons are filled with those who want to look like they already have spent weeks lounging by the water on the day they arrive. Some legislators in the Texas House want to make that popular bronzing effort more difficult for those who are under the age of eighteen.
Last Tuesday, the House Committee on Public Health approved a bill that would require a doctor's note and the presence of a parent for any client under the age of eighteen who shows up at a salon requesting the use of a tanning bed. The bill's sponsor, State Rep. Burt Solomons, has the intention of enacting the strictest laws concerning tanning regulations for teens in the country. The legislation has strong support from doctors, who warn against the dangers of ultraviolet light that is used in tanning beds. While teenagers only constitute five percent of tanning customers, salon owners fear that this law would hurt business in an already struggling economy.
Under current Texas law, everyone under the age of eighteen needs the permission of a parent. Those who are under sixteen years of age and desire darker skin must have a parent present. And, only young clients up to the age of thirteen now need a note from the doctor.
If you used a tanning salon that you believe was not following strict oversight of its procedures and you have medical problems as a result, Bertolino LLP has personal injury attorneys in Austin, Houston and San Antonio who can fight for the compensation you deserve. If you are the business owner of a tanning salon who has been unfairly accused of poor business practices, our business lawyers who practice in the area of business litigation can offer the defense you need.
Tony R. Bertolino is the managing partner at Bertolino LLP with law offices located in Austin, Houston and San Antonio, Texas. A member of the Trial and Appellate Litigation Team, Mr. Bertolino's practice is devoted largely to complex transactions, commercial litigation, business law, entertainment law and family law matters. You can read more about Mr. Bertolino at http://www.belolaw.com
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Tuesday, February 2, 2010
Rape Cases
Rape cases can be a complicated issue for anyone that happens to be involved in one. There are many things that you may be worrying about when your rape case goes on. You may be feeling scared of what will happen next, but you need to understand that there are many parts of your case that you need to get taken care of. Knowing all of the details of your case can be one of the best things that you can do to protect yourself and your family in the situation that you are in.
Defining rape can be one of the hardest things that you can do because you have to understand the difference between someone wanting the sexual act and not wanting it. Legally, rape is defined as sexual intercourse or some type of sexual penetration that happens without the consent of one of the people involved. This basically means that one person forces someone else to have some sort of sexual intercourse without that person saying yes. The difference between sexual assault and rape is not always clearly defined because there is a very grey area that defines the differences between the two.
There are two different types of rape depending on what type of situation you are involved in. Statutory rape is one of the worst things that could happen to a child. Statutory rape is defined as forcing a minor or someone under the age of consent to have some sort of sexual intercourse with the other person. The age of consent is not technically defined in any legal settings because there is such controversy on what the age of consent should technically be. The normal median for this age of consent is usually between 16 and 18. Usually, each rape case is determined individually based on what type of situation it is. Each case usually has its own details that help to determine what type of case and consent ideas it was. The other type of rape is just defined as rape because it includes all people that are over the age of 18 which is technically the legal age in the US.
Rape can be a hard case to handle unless you are well versed in all the fine details of the case. You need to make sure that you speak with your lawyer and keep communication open so your case will go as well as possible.
For more information, contact the Austin Jail Release Lawyers of Morales and Navarrete at http://www.austinjailreleaselawyer.com
Joseph Devine
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