SAN ANTONIO CRIMINAL DEFENSE LAWYER

Want to stand a chance in court? Call my office NOW!

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HARASSMENT TRIAL RESULTS IN NOT GUILTY.

Client accused of Harassment C/B. Defense was that he never intended to alarm, threaten or annoy anyone. The state argued that a police officer listened to a recorded phone call and our client admitted to leaving a voice message. However, we argued to the jury that words can be misinterpreted and do not always have the same meaning. Not Guilty. As a result of this trial, the state dismissed a pending harassment case. 

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SAN ANTONIO FELONY THEFT CHARGES DISMISSED

Set for trial on MARCH 31, 2014. We prepared our cases and were ready to proceed to trial. The state alleged camera footage, photographs and witness statements would be used at trial. We were strong in our position and all theft charges were dismissed. 

[glaralaw-blog]

"Frank Mata field at the Edgewood Veteran's Sports Complex: A victory for All."

"Frank Mata field at the Edgewood Veteran's Sports Complex: A Victory for All."

 Sports has the power to accomplish great things.  It can break down the thickest barriers that divide us from one another.  Over fifty years ago, Jackie Robinson and Roberto Clemente gave us a vision of a society where people are judged on their abilities, hard work, and perseverance.  Just last week, Michael Sam, a football player from the University of Missouri, became the first NFL prospect to come out as openly gay.  In doing so, he opened a new conversation about tolerance and acceptance.  And today, we witness the ongoing ancient tradition of the Olympics, an event in which the world's nations put their geo-political differences aside in the name of sport. 

 We look to sports to shine a light upon people that disregards their race, religion, economic class, or sexuality.  In our nation's armed forces we find the men and women who most personify values such as equality and dignity for all.  These men and women live their lives devoted to protecting our nation, its people, and their freedom.  Not enough can ever be done or said to fully honor or repay the debt that we, as citizens of a free nation, owe to their sacrifice.  

 This debate highlights two sources of deep pride for Edgewood ISD:  one is the countless number of former students who have honored us by choosing to live lives of service to our country; the other is a remarkable individual who devoted himself passionately to a competitive sports program that is often overlooked or forgotten.  It is a true tragedy, then, when community members become divided from one another when they have so much to celebrate.  If the Edgewood ISD school board is guilty of any wrongdoing, it is guilty of dividing the community between these sources of pride.  The only way to move forward from this controversy is to reach a compromise that honors Edgewood's past while continuing to encourage and inspire its current students. 

 A name does more than identify a person or place.  It establishes an identity and sets a standard to which we all can aspire.  Frank Mata devoted his life to Edgewood ISD as a teacher, coach, mentor, and friend.  When he passed away in 1999, he left a legacy in Edgewood's athletic program that the school district chose to honor by renaming the former “Edgewood Stadium” “Frank Mata Stadium.”  When Edgewood's students see Frank Mata's name on their stadium, they should be reminded of what an individual can accomplish.  It should remind them that someone just like them, someone from Edgewood, made a difference that touched the lives of many people. 

 Our students should look at the names that adorn the places in their community and feel proud of where they come from.  They should feel the same sense of pride when they see the name on their stadium as they might feel when they see signs pointing to the Cleto Rodriguez freeway, Cesar Chavez boulevard, or Gus Garcia Middle School.  These namesakes do more than celebrate the lives of single individuals.  They serve as monuments for future generations, reminding them of what people just like them can achieve.     

 Honoring our veterans is a truly commendable undertaking.  But we cannot dishonor the legacy of Frank Mata—what he worked for and what he achieved—by allowing his name to disappear from our memory.  The Edgewood ISD school board now has the opportunity to unite the community around its alumni who have been part of causes much greater than themselves.  The “Frank Mata Field at the Edgewood Veteran's Sports Complex” is the most fair and proper name for the stadium under the current circumstances.  It would honor Edgewood's proud tradition of duty to community and service to country more than ever before. 

[glaralaw-blog]

"Frank Mata field at the Edgewood Veteran's Sports Complex: A victory for All.

"Frank Mata field at the Edgewood Veteran's Sports Complex: A Victory for All."

 "We believe this debate highlights two sources of deep pride for Edgewood ISD.  One is the countless number of young men and women who have honored us by choosing to live lives of service to our country in the armed forces.  The other is a remarkable individual who devoted himself passionately to competitive sports at a historically underserved and underprivileged program.  Where we feel the school board went astray is in dividing the community between these sources of pride.  There needs to be some compromise that can be reached that will honor Edgewood's past while continuing to encourage and inspire its current students."

 "Frank Mata field at the Edgewood Veteran's sports complex gives us the compromise we are seeking.  It honors our proud history more than ever before."

 DATE AND LOCATION:

The next opportunity to voice your opinion on this issue is on February 18, 2013 at 6:30 PM. The location is the Guerra Development Center, 1930 Herbert Lane, San Antonio, Texas 78227.

 The Law Office of Guillermo Lara Jr. will have a full article  on the issue tomorrow. 7:00 AM on our Website.

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Have you ever wondered what to do if stopped for suspicion of dwi? Take a look at this video for some helpful tips.

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What to do after a DWI arrest?

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SAN ANTONIO DWI C/A DISMISSED

San Antonio DWI C/A second offense was dismissed this morning. Client was stopped for excessive acceleration on a public roadway. Officer alleged that client was spinning tires, and revving his engine. After researching the case law on the issue, Attorney Alfonso Cabanas and I argued that this transportation code provision only applies to "competitions" or when racing other vehicles. Officer did not have probable cause or reasonable suspicion for the stop. DWI Case Dismissed.

[glaralaw-blog]

SAN ANTONIO DWI C/A DISMISSED

San Antonio DWI C/A second offense was dismissed this morning. Client was stopped for excessive acceleration on a public roadway. Officer alleged that client was spinning tires, and revving his engine. After researching the case law on the issue, Attorney Alfonso Cabanas and I argued that this transportation code provision only applies to "competitions" or when racing other vehicles. Officer did not have probable cause or reasonable suspicion for the stop. DWI Case Dismissed.

[glaralaw-blog]

NEW WEAPON IN THE FIGHT AGAINST WRONGFUL CONVICTIONS

NEW WEAPON IN THE FIGHT AGAINST WRONGFUL CONVICTIONS

SB 344 Aims to Fight Wrongful Convictions in Criminal Cases

One day you are approached by a Detective and he questions you about a criminal investigation.  You're a suspect in a murder but you know you didn't do it. You tell your attorney, your family, and the police. You're forced to take this case to trial. The jury ultimately convicts you with the evidence presented but years down the line technology changes. This new technology is applied and it discredits the evidence used to convict you. You have been wrongfully convicted.

Texas has a well-known (unfavorable or favorable, depending on your point of view) reputation when it comes to the death penalty.  The State has taken a “tough on crime” approach for many years and it has worked so well that Texas now holds the record for the most executions of any state since 1976.  Unfortunately, this record does not mean that the system is not prone to error.  

 The Innocence Project is a national nonprofit legal organization based in New York.  The organization targets cases in which defendants were convicted based on shaky evidence or unfair trial procedures.  It may come as no surprise that most of the organization's cases come out of the so-called tough on crime states.  The most notable cases are those in which defendants were convicted for crimes that they did not commit, also known as wrongful convictions.  In Texas, there have been at least two very publicized cases in which defendants were wrongfully convicted or, worse, wrongfully executed  (See Michael Morton and Cameron Todd Willingham).    

 Advances in forensic science techniques over time have made it possible to overturn some wrongful convictions with DNA evidence.  But what happens when it was forensic science that wrongfully convicted an individual in the first place?  What about those cases where an advance in forensic science displaces and/or discredits the method that originally led to a conviction?  The Texas legislature took a big step to correct these “junk science” issues last year with S.B. 344. 

 The law went into effect on September 1, 2013 and it gives defendants an opportunity to challenge their convictions using the procedures of habeas corpus that are already in place.  The difference now is that defendants can challenge a conviction on the basis of relevant scientific evidence if they can show that scientific evidence exists that was not available at the original trial or that scientific evidence exists that contradicts the evidence relied on at the original trial.  Code of Crim. Proc. Art. 11.073(a)(1)-(2).  Defendants may qualify for post-conviction relief if the new evidence does not otherwise raise any admissibility issues and the Court makes a preponderance of the evidence finding that the person would not have been convicted if the evidence had been presented at the original trial.    

 The law has the potential to reverse convictions where newly available forensic evidence or advances in forensic science can prove a defendant's innocence.  Moreover, it gives Texas courts the ability to revisit cases if the scientific evidence is now suspect or out of date.  While there's no sign that Texas is looking to change its death penalty friendly reputation anytime soon, these measures could go a long way in restoring some confidence in the current way of doing things by giving defendants another weapon to fight against wrongful convictions. 

  A full text of SB344 is available at: 

http://www.capitol.state.tx.us/tlodocs/83R/billtext/pdf/SB00344F.pdf

 Also see

http://www.innocenceproject.org/

[glaralaw-blog]

REDUCE SAN ANTONIO DWI FINES AND PENALTIES

  Texas DWI/DUI Fines And Penalties

If you plead guilty or if you are convicted when fighting a Texas DWI arrest, here are some things to consider.  Even if this is your first-time Texas DWI, DUI, or drunk driving conviction, the consequences can be very serious and negatively impact your life. Special attention should be taken especially if you have prior Texas DWI drunk driving-related convictions on your record.

When fighting a first, second, third or fourth DWI in Texas, it is important to realize that it will have a big impact on various areas of your life, if convicted. This is due to the strict penalties enforced for multiple Texas DWI offenses.

Common DWI penalties you can expect include:

 Fines and surcharges (including court costs)

 License suspension or revocation

Community service

Imprisonment (even after first offense)

DWI education and intervention programs

Increased car insurance premiums

Alcohol education for minors

Ignition interlock.

SR-22

 WORKSHEET WITH COMMON PENALTIES AND  PUNISHMENT RANGES WITH FINES.

That being said, it’s very important that your attorney discusses what tactics and strategies will be used in taking on your intoxication case. Like we mentioned in our previous post, legal tactics are extremely important and a careful analysis of the facts surrounding your DWI arrest can mean the difference between probation and dismissal. Again, the legal tactics that will potentially be used in analyzing the details of your intoxication case can be used to fight and challenge DWI test results and evidence.

With this analysis, it could result with you avoiding severe, expensive, and unnecessary Texas DWI penalties, depending on your case circumstances. However it is important to realize, the timing is very important in a DWI case. Fighting a Texas DWI case moves very quickly, from your license revocation hearing then onto fighting the DWI criminal charges next. All of the expensive legal costs begin accumulating quickly as court dates get reset, which is why it is so important to have the details of your arrest properly examined, which can help in showing what to do to prevent these high legal expenses altogether when successful in fighting to beat Texas DWI arrest charges.

When you are searching for a DWI Attorney and investigating their qualifications it’s important to ask many questions. Remember, it’s your freedom to drive and your record that is on the line. In every DWI case I handle, I make certain to keep you informed with weekly updates. Some of the questions you should ask include:

What is the attorney’s past DWI case experience?

How successful has the attorney been at minimizing penalties?

What does the lawyer think about your chances?

Make sure to maximize your free consultation if offered and go prepared with all documents. This will ensure a meaningful consultation and provide a good test for the attorney’s knowledge of probable cause factors. 

Your driving privileges and rights are important to you, and they should be equally important to your legal counsel or attorney. The best DWI attorney for fighting DWI/DUI charges will understand the ins and outs of the Texas DWI court process and DMV hearings. What I do is work quickly to protect your license while helping you avoid jail time, heavy fines, and other criminal penalties. My initial meeting always requires you to fill out forms that give me your background and important facts you remember from your arrest. This is the best way for us to develop a strategy in defending your case. After you provide this information I get to work and request our ALR hearing within 48 hours, demand the Bexar County DA to preserve evidence, demand that SAPD preserve evidence and explain to you the best strategy for having your DWI charges dismissed quickly, when possible. 

Just as no two individuals are the same, no two Texas DWI cases are the same. Your needs and concerns are important to me, and I am here to help get you answers with the consideration, dedication and respect you deserve.

Most of all, if you email us the details of your offense we will provide you a basic analysis along with a FREE 40 minute consultation. My goal as a DWI attorney is to give you straight-forward answers and put you on the right track for fighting to win and dismiss your DWI arrest in court.

Contact The Law Office of Guillermo Lara Jr. today for your best chance to win! Payment plans are always welcome! 

OFFICE: [phone]

 Take a look at these sites for additional information on DWI Penalties and Fines. This ensures you will be well informed.

http://www.dmv.org/tx-texas/automotive-law/dui.php

 http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm

http://www.txdot.gov/inside-txdot/division/traffic/safety/sober-safe/intoxication.html

[glaralaw-blog]

REDUCE SAN ANTONIO DWI FINES AND PENALTIES

  Texas DWI/DUI Fines And Penalties

If you plead guilty or if you are convicted when fighting a Texas DWI arrest, here are some things to consider.  Even if this is your first-time Texas DWI, DUI, drunk driving conviction, the consequences can be very serious and negatively impact your life. Special attention should be taken especially if you have prior Texas DWI drunk driving-related convictions on your record.

What you need to know when fighting a first, second, third or fourth DWI in Texas will have a big impact on various areas of your life if convicted. This is due to the strict penalties enforced for multiple Texas DWI offenses.

Common DWI penalties you can expect include:

  Fines and Surcharges (also include court costs)

 License Suspension or revocation.

  Community Service

 Imprisonment ( Even after first offense).

   DWI education and intervention programs.

  More expensive car insurance.

   Alcohol Education for Minors.

    Ignition interlock.

 SR-22

 WORKSHEET WITH COMMON PENALTIES AND  PUNISHMENT RANGES WITH FINES.

That being said, it’s very important that your attorney discuss what tactics and strategies they will use in taking on your intoxication case. Like we mentioned in our previous post, legal tactics are extremely important and a careful analysis of the facts surrounding your DWI arrest can mean the difference between probation and dismissal. Again, the legal tactics that will potentially be used in analyzing the details of your intoxication case can be used to fight and challenge DWI test results and evidence.

With this analysis, it could result with you avoiding severe, expensive, and unnecessary Texas DWI penalties, depending on your case circumstances. However it is important to realize, the timing is very important in a DWI case. Fighting a Texas DWI case moves very quickly, from your license revocation hearing then onto fighting the DWI criminal charges next. All of the expensive legal costs begin accumulating quickly as court dates get reset, which is why it is so important to have the details of your arrest properly examined, which can help in showing what to do to prevent these high legal expenses altogether when successful in fighting to beat Texas DWI arrest charges.

When you are searching for a DWI Attorney and investigating their qualifications it’s important to ask many questions. Remember, it’s your freedom to drive and your record that is on the line. In every DWI case I handle, I make certain to keep you informed with weekly updates. Some of the questions you should ask include:

What is the attorney’s past DWI case experience?

How successful has the attorney been at minimizing penalties?

What does the lawyer think about your chances?

Make sure to maximize your free consultation if offered and go prepared with all documents. This will ensure a meaningful consultation and provide a good test for the attorney’s knowledge of probable cause factors. 

Your driving privileges and rights are important to you, and they should be equally important to your legal counsel or attorney. The best DWI attorney for fighting DWI/DUI charges will understand the ins and outs of the Texas DWI court process and DMV hearings. What I do is work quickly to protect your license while helping you avoid jail time, heavy fines, and other criminal penalties. My initial meeting always requires you to fill out forms that give me your background and important facts you remember from your arrest. This is the best way for us to develop a strategy in defending your case. After you provide this information I get to work and request our ALR hearing within 48 hours, demand the Bexar County DA to preserve evidence, demand that SAPD preserve evidence and explain to you the best strategy for having your DWI charges dismissed quickly, when possible. 

Just as no two individuals are the same, no two Texas DWI cases are the same. Your needs and concerns are important to me, and I am here to help get you answers with the consideration, dedication and respect you deserve.

Most of all, if you email us the details of your offense we will provide you a basic analysis along with a FREE 40 minute consultation. My goal as a DWI attorney is to give you straight-forward answers and put you on the right track for fighting to win and dismiss your DWI arrest in court.

Contact The Law Office of Guillermo Lara Jr. today for your best chance to win! Payment plans are always welcome! 

OFFICE: [phone]

 Take a look at these sites for additional information on DWI Penalties and Fines. This ensures you will be well informed.

http://www.dmv.org/tx-texas/automotive-law/dui.php

 http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm

http://www.txdot.gov/inside-txdot/division/traffic/safety/sober-safe/intoxication.html

[glaralaw-blog]

CELEBRITIES & PROBATION

CELEBRITIES & PROBATION

 Celebrities are not immune from criminal charges. In fact, last week we all saw the arrest of Justin Bieber. Most of America is annoyed with “The Biebs” and would like to see him suffer the wrath of the justice system. However, we all know that this will never happen. From drunk driving, to assault, to shoplifting, those who have it all seem to make some poor decisions in life.

    Lamar Odom, Mel Gibson, and Hugh Grant have all spent time on (or are currently on) probation, living under the ever watchful eye of a probation officer watching for re-occurrence of criminal offense and reporting their every action. No one has ever argued that living on probation is pleasant, especially not in the public eye. Newspapers continually publish criminal proceedings information and then utilize paparazzi to follow celebrities every move to seek out the first sign of probation violation, however for many of the crimes committed by celebrities, probation seems to be simply a minor slap on the risk for some very serious crimes. It is often argued that the crimes celebrities engage in would garner the average person a much more serious sentence and that money truly does allow celebrities to have access to a different justice system than the rest of us.

 TAKING A PLEA

 While it is true that being wealthy is certainly an advantage when facing a criminal proceeding, the truth of the matter is more complex than it seems. Celebrities receive relatively light sentences because they practically always take a plea bargain when facing criminal charges. It is extremely rare for a celebrity to go to trial when charged with a crime. One reason for this is because the prosecuting attorney realizes that the defendant has substantial funds at their disposal to fight the charge in court and taking the case to trial may not be a responsible use of taxpayer money if there is ability for the defendant’s attorneys to create reasonable doubt. Another reason is that the prosecuting attorney is aware of the difficulty of prosecuting a celebrity. Beyond the well-financed defense attorneys, the defendant may require a change in venue, police protection, and significant effort to find an impartial jury. For celebrities with no or minor criminal records, it simply makes good financial sense to offer a plea bargain.

 While plea bargains may be used almost universally with celebrities, many cases with normal people are settled this way. When a prosecuting attorney receives a case, they may review it to determine whether it may be a good candidate for a plea bargain. Previous criminal records will be taken into account. However, beyond prior acts, the attorney may consider the type of support system the defendant has available to them, the likelihood of re-offense, the odds of success for this type of criminal to complete probation or alternative program successfully, and the attitude and ‘remorsefulness’ of the defendant. The strength of the evidence is one of the strongest factors in whether a plea bargain is offered, but this is not the only factor. If the prosecuting attorney feels the defendant is a good candidate for probation, a much less severe sentence may be received.

 An experienced and professional law firm can assist if you are facing criminal charges. DWI, Assault, Burglary, Theft and Drug Possession are all charges that potentially can receive a plea bargain, plus many others. A plea bargain can be a vital tool in avoiding jail time and starting your life over. If you are facing criminal charges, contact a qualified law firm immediately to give you the best chance of securing a beneficial plea bargain. Attempting to proceed without knowledgeable representation that is experienced in this area can be disastrous. You may only have one opportunity to avoid jail time, don’t waste it, contact The Law Office Of Guillermo Lara Jr. to protect your rights.

[glaralaw-blog]

Possession Of A Controlled Substance Case Dismissed F/2 DISMISSED

Client in South Texas was charged with Possession of A Controlled Substance F/2. This case should not have been indicted, but we are happy that the case was dismissed after our first setting. Now she can move on with her life. Next step is getting an expunction to clear her record.

[glaralaw-blog]

Possession Of A Controlled Substance Cased Dismissed F/2 DISMISSED

Client in South Texas was charged with Possession of A Controlled Substance F/2. This case should not have been indicted, but we are happy that the case was dismissed after our first setting. Now she can move on with her life. Next step is getting an expunction to clear her record.

[glaralaw-blog]

Have you ever wondered what to do when stopped for a DWI? Download our free DWI Survival E-BOOK for some quick tips! Already arrested? Call us NOW! [phone]

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WHAT MAKES YOU FEEL BETTER WHEN YOU ARE IN A BAD MOOD?

Listening to my vinyl collection.