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Recent Blog Posts

A Step-By-Step Guide to a Criminal Arrest in Texas

 Posted on October 09,2024 in Criminal Defense

Fredericksburg criminal defense lawyerThe 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.

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What Happens When Divorced Parents Disagree About Social Media Use in Texas?

 Posted on September 30,2024 in Family Law

Marble Falls, TX Family Law AttorneyWhen 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.

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Can I Be Forced to Install a Breathalyzer in My Car after a Texas DWI?

 Posted on September 18,2024 in Criminal Defense

Llano County Criminal Defense LawyerAccording 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.

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What Happens if I Get Divorced Without a Lawyer? | TX

 Posted on August 29,2024 in Family Law

Fredericksburg, TX divorce lawyerMany 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.

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The Potential Consequences of a Felony Conviction in Texas

 Posted on August 16,2024 in Criminal Defense

Llano County, TX criminal defense attorneyTexas 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.

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When Can Texas Courts Order a Paternity Test?

 Posted on July 30,2024 in Family Law

Marble Falls, TX paternity lawyerPaternity 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.

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How Long Does a Sex Offender Have to Register in Texas?

 Posted on July 20,2024 in Criminal Defense

Llano, TX sex crimes defense attorneyIf you have been convicted of a sex crime in Texas, there is a high chance that you will be required to register for Texas’s sex offender registry as part of your sentence. Registration on this list may be temporary or for a lifetime, depending on the type of sex crime committed, and you will have to report to law enforcement within a certain time period after being released from jail or otherwise sentenced.

An experienced Texas sex crimes defense attorney can help you understand your rights if you are facing a sex crimes charge.

Understanding Texas Sex Offender Registration

The standards for Texas sex offender registration are set by the federal Megan’s Law and the state statutes. Megan’s Law requires that Texas maintains a sex offender registration list, while state statutes for sex offender registration outline details for things like risk assessment of sex offenders, registration requirements, and public notification requirements.

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Can I Refuse a Breathalyzer Test in Texas?

 Posted on June 29,2024 in Criminal Defense

Llano County, TX DWI defense attorneyBeing stopped by a law enforcement officer is a stressful situation, and this can be made even more complex if the officer asks you to complete roadside sobriety tests. Many people in this situation are worried about being charged with DWI, or driving while intoxicated, and wonder whether agreeing to the breathalyzer test helps or hurts their odds of conviction. It is important to understand your legal rights so that you can make the best decisions for your specific situation.

In Texas, you can refuse a breathalyzer test in certain situations, though doing so may come with penalties. A knowledgeable Texas DWI defense lawyer can help you navigate your next steps if you have refused a breathalyzer test.

Understanding the Texas Implied Consent Law

Texas has an Implied Consent Law, which applies to all individuals with a valid Texas driver’s license who have been lawfully arrested for a DWI. Under this law, once you are arrested for a suspected DWI, you automatically give your consent for blood or breathalyzer testing.

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Should I Stay Off Social Media During My Divorce?

 Posted on June 18,2024 in Criminal Defense

Fredericksburg, TX divorce lawyerSocial media may be something that everyone uses today, but if you are going through a divorce, you may want to refrain from posting your thoughts and feelings online. Social media posts can show up in court, and posting evidence that conflicts with your claims in a divorce or that could reflect poorly upon you in divorce court can seriously affect the outcome of your divorce.

An experienced Texas divorce lawyer can further answer your questions about what to do during your divorce as your case progresses.

Can Social Media Be Used in a Texas Divorce?

In Texas, social media posts and online messages have the potential to be used in a divorce case. Either party may collect social media posts or evidence of other’s online activity when they directly apply to the claims made during a divorce.

For instance, if your soon-to-be ex-spouse is advocating for full child custody, yet he posts videos and photographs online of engaging in illegal or dangerous activities, this may be used against him during the divorce.

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What Are the Penalties for Domestic Violence in Texas?

 Posted on May 31,2024 in Criminal Defense

Llano family defense lawyerDomestic violence in Texas is referred to as "family violence." Charges for family violence can range from misdemeanors to felonies, with the state taking family violence allegations seriously. If you are arrested on a family violence charge, you must understand the charges against you and any associated penalties.

You should also contact a skilled Texas family violence defense attorney to protect your rights and minimize the effects of a family violence charge on your record as much as possible.

What Is Family Violence?

Texas Family Code defines family violence as the act of a family member or a household member against another family or household member that aims to inflict physical harm or bodily injury.

Family and household members can include married and unmarried couples, ex-spouses, children and stepchildren, parents with a shared child, couples who are currently or were formerly dating, and any individual who shares a home with another.

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