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Recent Blog Posts
Responding to a Restraining Order in Texas
Finding out that a restraining order has been issued against you can be an incredibly stressful experience. An ex parte restraining order can entail the immediate loss of certain privileges, and violating the order could result in criminal penalties. In these situations, knowing how to react and what steps to take is critical for your case. With the help of a Cooke County, TX criminal defense lawyer, you can challenge a restraining order in court and protect your rights.
At Magaña & Van Dyke, we have experience representing clients accused of family violence and similar offenses in Texas. Our attorneys are available 24/7 for client concerns, so do not wait to reach out if you have had a restraining order issued against you.
Can I Talk to My Ex if They File a Restraining Order?
Understandably, people who have been served with an ex parte restraining order often want to clear things up with the other party. Although it might seem rational to try to talk out the issue, this can hurt your case in more ways than one.
Aggravating Factors in Texas Assault Charges
A conviction of assault can have dire legal consequences, even in seemingly minor incidents. If certain aggravating factors are present, however, an incident could result in increased penalties or even felony charges. These factors are known as aggravating circumstances, and in an assault case, they could mean the difference between a few months versus a few years of incarceration.
At Magaña & Van Dyke, we understand the gravity of an assault charge. Our Denton County, TX criminal defense lawyers can assess your case and work out a strategy to minimize the charges against you. In fact, we have a history of successfully defending clients in assault charges, including a "not guilty" verdict for a client accused of felony aggravated assault in Denton.
Common Firearm Offenses in Texas
The Lone Star State respects the rights of responsible gun owners. However, there are many regulations that, if violated, could result in you facing criminal charges. If you have been accused of a weapons offense in Texas, the smartest thing you can do is to seek out legal representation. A Cooke County, TX gun crime defense attorney can stand up for your rights and protect you in court.
Many weapons offenses are the result of simple mistakes or errors in judgment. At Magaña & Van Dyke, we recognize that many otherwise responsible gun owners can get caught up in serious charges. To remedy your situation, we will pursue the best outcome possible with a strong legal defense.
The Penalties for Lying to a Gun Vendor
A small misrepresentation or omission of fact when buying a gun could have serious consequences. Under the Texas statute for the unlawful transfer of certain weapons, you could be charged with a crime for knowingly making a "material false statement" to a firearms dealer while you are prohibited from owning a gun.
Should I Pay the Fine for a Misdemeanor Charge?
If you have received a citation for a Class C misdemeanor like public intoxication or disorderly conduct, you might be tempted to simply pay the fine. A penalty of a few hundred dollars may not seem like much, but the consequences can follow you for years to come.
To protect your future, the best thing you can do is to seek out legal representation. A Denton County, TX criminal defense lawyer can go over your options to fight a public intoxication or disorderly conduct charge. At Magaña & Van Dyke, we have defended clients against a wide range of offenses, ranging from minor misdemeanors to serious felonies. When you work with our firm, we will do everything in our power to mitigate the charges against you.
Exercising Your Rights After an Arrest
Getting arrested for a criminal offense can be a disorienting experience. From the moment of your detainment, you may feel increasing pressure and stress. You might even feel powerless. However, you still have rights that you can and should exercise. Whatever charges you face, the best thing you can do is to get in contact with a Denton County, TX criminal defense lawyer.
At Magaña & Van Dyke, we have years of experience handling serious misdemeanor and felony charges on behalf of our clients. Our firm can inform you of your rights and stand up for you throughout your case, making sure you are fairly represented.
Knowing Your Miranda Rights
The Fifth Amendment protects you from self-incrimination. This means that you have a right to remain silent while in police custody. Whether you are in the back of a police car or inside an interrogation room, saying nothing is one of the best ways to protect yourself.
Is Drug DWI Treated Differently From Alcohol DWI in Texas?
Usually, the term "driving while intoxicated" is associated with alcohol. However, it can also apply to dangerous controlled substances that can impair your faculties. If you are accused of driving while intoxicated by drugs, you could face serious penalties in a court of law. With the help of a Texas criminal defense lawyer, you can fight a drug DWI charge.
If you have been arrested on DWI charges, you should get in contact with a qualified legal professional at the earliest opportunity. At Magaña & Van Dyke, we have experience handling difficult, high-stakes cases, including charges of DWI.
What Is the Legal Definition of Driving While Intoxicated in Texas?
According to the Texas Penal Code, you can be considered legally intoxicated if you do not have "the normal use of [your] mental or physical faculties" due to some combination of alcohol, a controlled substance, or a drug in your system. DWI is simply defined as operating a motor vehicle while intoxicated in a public place.
Circumstantial Evidence in Drug Distribution Cases
Compared to simple possession charges, the penalties for drug distribution in Texas can be strict. This is partly a measure to crack down on the drug trade, as sellers are often viewed as part of a larger problem. However, do not assume that you are safe from distribution charges just because you were not arrested during a transaction. The police can use circumstantial evidence to charge you with possession with intent to deliver, which can come with serious punishments.
A Texas drug crimes defense lawyer can work with you to determine the best strategy for the charges you face. If the evidence against you is not strong enough, an attorney can argue to have the charges reduced or even dropped. At Magaña & Van Dyke, we can represent you in court for charges of possession with intent to deliver.
Can a Drug Stash Indicate Intent to Deliver?
When looking for evidence of intent to deliver, prosecutors may consider the amount of drugs seized. A stash of drugs may not mean anything by itself. However, an exceedingly large quantity of drugs could suggest the stash was not meant for personal use.
The Consequences of Being Placed on the Sex Offender Registry
Being convicted of a sex crime in Texas can come with hefty punishments. In addition to the threat of fines and jail time, you may be forced to register as a sex offender. This can have a severely damaging impact on your reputation, and depending on the offense, registration may be permanent. If you have been charged with a crime that requires registration, a Texas sex crimes attorney can defend you in court and explore your options to protect your future.
Sex offenders in Texas are required to adhere to certain rules, that, if violated, could lead to criminal charges. At Magaña & Van Dyke, we can advise you of your rights and explain your options to avoid ending up on the sex offender registry.
The Sex Offender Registry Is Publicly Available
One of the main purposes of the sex offender registry is to alert people of potentially dangerous individuals in their community. As such, information about sex offenders, including identifying information and the crimes they were convicted of, is publicly available. If you are on the registry, people can see your name, a photograph of your face, and your home address. Depending on the perceived risk, schools in your area may be notified of your registration.
Common Reasons for False DWI Arrests in Texas
A charge of driving while intoxicated (DWI) can be frightening to deal with – especially if you were mistakenly accused of being impaired at the wheel. A Texas DWI conviction can have immediate consequences, ranging from jail time to the suspension of your license. Worse, the long-term effects of a criminal conviction could follow you for years to come. With this in mind, it is important that you challenge any false accusations of DWI.
A Texas DWI defense lawyer can provide you with aggressive representation in court, exploring all avenues to support your case. At Magaña & Van Dyke, our criminal defense attorneys are here to fight for your rights, as we treat every client as an individual deserving of respect and dignity.
Medical Conditions Mistaken for Drunkenness Can Lead to DWI Charges
There are a whole host of medical conditions that an unaware police officer might mistake for impairment. For instance, a pronounced speech impediment could be interpreted as intoxication-related slurred speech. If you have been arrested and charged with DWI for a medical condition that is out of your control, our attorneys are ready to advocate for you. We can help compile documentation about your condition and present it for the court’s consideration, making a case for your rights.
What Happens if I Am Accused of Violating Probation?
In most cases, probation is a preferable alternative to a prison sentence. However, probation comes with terms and conditions that, if violated, could have serious consequences. If you are accused of violating the terms of your probation, it is in your best interests to seek out legal representation. A Texas criminal defense lawyer can help to protect your rights in court, providing you with aggressive representation and strong counsel.
At Magaña & Van Dyke, we understand how stressful an accusation of violating probation can be. We know that your freedom is at stake, so we will explore all possible avenues as we work toward a favorable outcome.
What Counts as a Probation Violation?
If you have been released on probation, it is important to understand exactly what is expected of you. You may be prohibited from certain acts, like drinking or using drugs. Additionally, you may be required to check in with your probation officer regularly. Making a mistake just once can result in you being brought before a judge, and pleading ignorance will rarely pass as a valid defense.
Contact Magaña & Van Dyke
Call 940-382-1976 or fill out the form below to set up a free consultation* today:
*Free Consultations for Criminal Defense Cases Only
From our office in Denton, we serve clients throughout Denton County and the surrounding areas, including Corinth, Shady Shores, Oak Point, Aubrey, Krum, Sanger, Argyle, Justin, Roanoke, Flower Mound, Highland Village, Lewisville, The Colony, Little Elm, Paloma Creek South, Gainesville, Lindsay, Muenster, Lake Kiowa, and Cooke County.
Results listed are not a guarantee or indication of future case results.
1417 E. McKinney Street, Suite 110,
Denton, TX 76209
940-382-1976
