Lloyd & Associates, PLLCLloyd & Associates, PLLC2025-06-04T15:27:47Zhttps://www.lloydcounsel.com/feed/atom/WordPress/wp-content/uploads/sites/1103162/2023/05/cropped-Lloyd_and_Associates_site_icon-32x32.pngOn Behalf of Lloyd & Associates, PLLC<![CDATA[3 options beyond entering a standard guilty plea to criminal charges]]>https://www.lloydcounsel.com/?p=474592024-07-24T14:25:04Z2024-07-24T14:25:04Zenter a guilty plea. A fear of the worst-case scenario if they fight their charges or of the possible attention that a trial might attract could lead someone to enter a guilty plea to a pending criminal charge.
Doing so puts the defendant at the mercy of the courts that must impose penalties according to state statutes. There are actually other options available to those accused of breaking the law in Texas, potentially including the following.
Negotiating a specific plea deal
Arranging for a plea deal is different than simply pleading guilty. A defense attorney working together with the prosecutor can sometimes arrange for a plea to involve reduced charges. Additionally, it may be possible in some cases to limit the potential penalties that the defendant faces. The type of charge and numerous other factors influence whether the prosecutor might be open to a deal that limits the consequences for the defendant.
Pursuing pre-trial diversion
Texas has alternative courts available for defendants in certain scenarios. For example, those accused of non-violent drug offenses while dealing with substance abuse might be eligible for adjudication in the drug courts. The focus in alternative courts is often on treatment or rehabilitation rather than punishment. The successful completion of a pre-trial diversion program could help someone avoid a criminal record and the penalties the courts might impose after a traditional conviction.
Mounting a thorough defense
There are many different defense strategies that can benefit those accused of breaking the law. Some defendants have an alibi or can raise questions about whether another person may have committed the crime in question. Other times, a defendant may have grounds for an affirmative defense because they acted in self-defense. Defense strategies can also involve questioning the actions of police officers to exclude certain evidence. Defense attorneys can even bring in expert witnesses to reevaluate evidence and undermine the state's case.
A defendant who is unsure of which options may be best for them might benefit from discussing the criminal charges that they’re facing and the circumstances prior to their arrest with a skilled legal team. Exploring options beyond just pleading guilty could make a major difference for someone facing criminal charges in Texas.]]>On Behalf of Lloyd & Associates, PLLC<![CDATA[Do divorcing couples need to split their property 50/50?]]>https://www.lloydcounsel.com/?p=474572024-07-01T09:32:06Z2024-07-01T09:32:06ZWhat does community property division actually involve?
The community property statute in Texas requires that a judge look at marital circumstances closely. Typically, the process begins with a presumption that a 50/50 split of assets may be appropriate. However, either spouse could present evidence to the courts showing that marital circumstances require a different approach in their case.
Factors ranging from the health of both spouses and their separate income to how long the marriage lasted can influence what a judge thinks might be reasonable and fair when dividing their property. Child custody arrangements and even the debts accrued during the marriage can also influence the division of marital property. Spouses provide various details to the judge and then the judge makes the final determination about what seems reasonable given the family circumstances.
Spouses can set their own terms
It is possible for those preparing for divorce to take control of property division matters. They can potentially engage in collaborative negotiations or other alternative dispute resolution systems in an attempt to settle their disputes outside of court. If they can reach an agreement, they can retain control over the entire process. Spouses decide to settle their own property division matters, the arrangements could deviate drastically from the expected 50/50 division.
Learning more about how the Texas family courts handle complex divorce cases can benefit those preparing for the end of a marriage. Community property rules should lead to a fair outcome, not necessarily an even split of property.]]>On Behalf of Lloyd & Associates, PLLC<![CDATA[When can a criminal record affect someone’s parental rights?]]>https://www.lloydcounsel.com/?p=474552024-05-30T10:51:44Z2024-05-30T10:51:44ZWhen the record is a serious felony offense
Someone who has previously served a sentence for a violent felony or pleaded guilty as a means of avoiding incarceration could be at risk of the courts limiting their parenting time in a family law case. Serious, violent felonies are among the offenses that the state can sometimes use to justify terminating a parent's rights. If the offense is theoretically severe enough to lead to the state removing the children from a parent's care, then it may also be serious enough to influence how a family law judge divides parental rights and responsibilities in a contested custody case.
When the offense involved the children
There are numerous criminal offenses that could influence a family law judge's decision-making process that are not necessarily violent felonies. Domestic violence allegations that involved the children as victims or witnesses could potentially influence custody determinations. So could any other criminal charge against a parent where the child was either a victim or an unwilling accomplice involved in the criminal activity by the adults. Drug charges and impaired driving charges that occurred while there were children in the vehicle could potentially influence custody positions.
With all of this said, the vast majority of criminal infractions in Texas are likely to play a minimal role in any custody proceedings. Texas family law judges rarely limit parenting rights over minor offenses and old infractions that did not involve a child.
Someone who has already served their sentence and who wants to maintain their relationship with their children can still request both parenting time and decision-making authority in the Texas family courts. Learning more about what influences custody determinations in Texas can be beneficial for anxious parents.]]>On Behalf of Lloyd & Associates, PLLC<![CDATA[What should you know about search warrants?]]>https://www.lloydcounsel.com/?p=474532024-05-01T11:12:47Z2024-05-01T11:12:47ZWhat’s the purpose of a search warrant?
A search warrant must be very specific. It must outline the evidence that’s being searched for, where the search should occur and when it can happen. It must be signed by a judge or a magistrate, but they can only do that if there’s probable cause showing that the search and seizure is necessary for the purpose of the case.
When is a search warrant required?
A search warrant is always required unless there is one of a few specific circumstances present. For example, no warrant is needed if the person who has legal control over an area gives police officers permission without being coerced into giving it. A person who’s being forced to give permission can’t legally do so, which means that permission is invalid.
Police officers also don’t need a warrant if they can see the evidence in plain view from a place where they have a legal right to be. For example, if they notice a stolen item on the patio table while they’re knocking on the front door. They could then seize that stolen item.
They typically don’t need a warrant to search a vehicle or to conduct a search that happens after a lawful arrest. They also don’t need a warrant if there’s reason to believe that the officer, the public, or evidence is in danger.
It’s critical for anyone who’s facing charges to work closely with a legal representative to determine if there’s a case for evidence to be suppressed. This may be only one small part of a defense strategy, so it’s vital to look into every option to safeguard one’s rights and interests.]]>On Behalf of Lloyd & Associates, PLLC<![CDATA[Tips for co-parents during summer vacation]]>https://www.lloydcounsel.com/?p=474512024-04-09T23:25:28Z2024-04-09T23:25:28Zco-parenting, summer inspires some specific considerations that need to be addressed. If you’re co-parenting with your ex, and you have yet to give summer vacation much thought, consider the following as a good way to start preparing for this time of year.
Communicate often and directly
Co-parenting requires considerable communication, especially when the children are out of school. If either parent is going to take the children on vacation, those plans should be relayed as early as possible. This allows the other parent to plan around those dates. In some cases, the parenting plan may prioritize vacations, which means the standard parenting time schedule would change based on those dates.
Other events, such as summer camps and activities, should also be discussed. Co-parents should determine how these will be paid for and who will provide transportation. This is especially important if those activities overlap with both co-parent’s parenting time.
Make the most of time off
When co-parents don’t work the same shifts or same days, they may be able to work out a parenting time schedule that enables the parent who’s off to spend time with the children. This could maximize the child’s time with each parent and minimize the cost of childcare through the summer months.
Compromise for family visits
Summer months may mean family members come to visit. When that happens, the parenting time schedule might have to be adjusted to allow the children to see those family members. Both co-parents should be willing to compromise so the children can enjoy those family members.
One thing to remember is that a parenting plan should ultimately guide most vacation situations. Unless both parents can agree to bypass the terms of this agreement, it’s best to stick to it or to modify it to reflect adjusted needs and preferences. Having legal assistance to determine when further action, such as a parenting plan modification, can be helpful.]]>On Behalf of Lloyd & Associates, PLLC<![CDATA[Could a Texas DWI charge be classified as a felony offense?]]>https://www.lloydcounsel.com/?p=474462024-03-13T00:24:54Z2024-03-13T00:24:54ZWhen a driver causes injury or death
The most serious aggravating factor for DWI charges is arguably a scenario in which an impaired driver causes harm to others. Vehicular assault and vehicular homicide charges are typically felony offenses.
When a driver has underage passengers
Some people make the choice of their own volition to enter a vehicle operated by someone who has had too much to drink. Adults are capable of refusing to travel with an impaired driver. Younger passengers may not recognize the signs of alcohol intoxication. Especially if the party driving while drunk is a parent, family member or caregiver, a child may not feel as though they can refuse to travel with a drunk driver. The presence of a passenger under the age of 15 could lead to felony charges against a driver accused of intoxication at the wheel.
When a driver has multiple prior offenses
Many people accused of impaired driving have complex relationships with alcohol. They may be at high risk of getting arrested again if they frequently drink. The state attempts to deter recidivism or repeat offenses by imposing harsher penalties with each subsequent charge. Eventually, prosecutors can bring felony charges against someone repeatedly arrested for a DWI.
Two or more prior DWI charges can be adequate reason for prosecutors to bring felony charges against someone after their third arrest. Obviously, felony charges have more serious penalties attached to them. A felony criminal record also tends to have a more significant impact on someone's future opportunities. Employers, landlords and educational institutions are often more concerned with felony records than prior misdemeanor charges.
Understanding how prosecutors handle impaired driving cases may help people make better choices when responding to DWI charges. Seeking personalized legal guidance is a good way to start crafting a defense strategy that is tailored to one’s unique circumstances.]]>On Behalf of Lloyd & Associates, PLLC<![CDATA[How can high-conflict custody challenges affect children?]]>https://www.lloydcounsel.com/?p=474442024-02-09T11:49:05Z2024-02-09T11:49:05ZImpact on emotional development
The emotional toll on children exposed to high-conflict parenting can manifest in several ways. Anxiety, depression and low self-esteem are common among these children because they may feel torn between their loyalties to each parent. Constant exposure to parental conflict can foster a sense of insecurity and fear, as children may worry about their safety or the stability of their family unit.
Children learn by example, and when their role models frequently engage in conflict, they may adopt similar patterns of emotional expression. Socially, children might struggle with forming and maintaining healthy relationships, mimicking the conflict-ridden interactions they observe at home.
High-conflict parenting disrupts a child's emotional development, often leading to an inability to regulate emotions effectively. This can result in difficulty managing anger, frustration and disappointment, making it challenging for children to navigate social situations or resolve conflicts constructively.
Impact on cognitive and academic performance
Beyond emotional ramifications, high-conflict parenting can also impair cognitive development and academic performance. Stress and anxiety consume mental resources that could otherwise be dedicated to learning and intellectual growth.
Children living in contentious environments may have trouble focusing on schoolwork, participating in class or completing homework assignments. The distraction of ongoing parental disputes can detract from their ability to absorb and retain information, potentially leading to gaps in knowledge and academic underachievement.
Ultimately, parents must do what’s best for their children. If high-conflict situations arise, seeking alternative communication methods might be beneficial. It’s also critical to have a solid parenting plan to follow. Seeking legal guidance to get this set can help to ensure that all relevant concerns are covered in the plan.]]>On Behalf of Lloyd & Associates, PLLC<![CDATA[Navigating a DWI stop: Words to the wise (and words to avoid)]]>https://www.lloydcounsel.com/?p=474422024-01-05T23:01:17Z2024-01-05T23:01:17ZBeing stopped for a traffic infraction is stressful enough. However, the moment that you realize that you’re suspected of driving while intoxicated (DWI), your stress may go into overdrive – and that can make you nervous enough to say things you shouldn’t.
When you're suspected of drunk driving, you need to choose your words carefully. Here are some things you should avoid saying:
1. “I only had a few drinks.”
As soon as you admit to drinking anything prior to getting behind the wheel, you are essentially admitting that you might be impaired. This is guaranteed to make the officer proceed with further investigations and your words could haunt you in court.
2. “I’m fine to drive. I’ve done it plenty of times before.”
While your confidence may be admirable, this – again – is tantamount to admitting that you’re driving under the influence. It’s better to remain silent than say anything like this.
3. “Can’t you just let me go this time?”
Maybe you’re just a block or two from home, and you figure the officer might be sympathetic – but you don’t want to count on it. Trying to play to an officer’s sympathy so you can avoid consequences can be seen as another way of admitting your guilt.
4. “Don’t you have real criminals to stop?”
Arguing with an officer about their priorities and obligations isn’t likely to win them over – nor do you any favors. You won’t improve your situation, and you may just intensify the scrutiny you’re under.
5. “I know my rights!”
It’s essential to be aware of your rights and use them – but you don’t need to aggressively assert them in a way that makes it sound like you’re accusing the officer of something. You can, however, politely ask questions about the reason for the stop or ask for clarification of procedures. You can also choose to exercise your right to remain silent (and you should) if you’re asked any probing questions.If you’re lucky, you’ll make it through the encounter with either a warning or a ticket. If you’re arrested for drunk driving, however, it’s best to explore all your defense options.]]>On Behalf of Lloyd & Associates, PLLC<![CDATA[4 potential collateral consequences of a drunk driving conviction]]>https://www.lloydcounsel.com/?p=474382023-12-10T17:36:03Z2023-12-10T17:36:03Zthe penalties only go up for each subsequent offense.
However, it’s the collateral consequences of a conviction that often take people by the most surprise. These are some of the potential burdens a conviction could inspire that extend beyond sentences handed down by the court.
Increased insurance costs
Insurance companies have to account for their risks when they provide insurance coverage, and anybody with a drunk driving conviction may find themselves hampered by more than a suspended license. They may not be able to get insurance. If they can secure car insurance, they can generally expect that the cost of that policy is going to skyrocket. On average, you can expect your insurance to rise by 50.76%.
Employment issues
A DWI conviction can negatively affect both your current and future job prospects. Numerous jobs require people to drive from one location to the next – and employers frequently have requirements that their employees have to meet when it comes to their driving records. A DWI conviction on a background check could also raise questions about your judgment and reliability. That could easily stunt your professional growth.
Reputational damage
If you have a professional reputation to uphold, any drunk driving conviction can damage your standing in your community, since your judgment and sobriety are likely to be questioned. For anyone trying to build or preserve a career that puts them in the public spotlight, a DWI conviction can be disastrous.
Personal challenges
Finally, a drunk driving charge can have a significant negative effect on your relationships with others. Some family members or friends may no longer trust you to be responsible, and explaining your criminal record (and all that might mean) to new people who enter your life can strain or end a relationship before it even gets started.
With all these things in mind, it’s smart to consider all your defense options. Seeking early legal guidance can help you achieve a favorable outcome if you’ve been arrested for impaired driving.]]>On Behalf of Lloyd & Associates, PLLC<![CDATA[Dissipation of assets vs. hiding assets]]>https://www.lloydcounsel.com/?p=474302023-11-07T13:42:38Z2023-11-07T13:42:38ZHiding assets
When someone tries to hide assets, they are attempting to pretend those assets don’t exist. They don’t tell the court about them, and they hide them from their spouse so that the assets don’t get disclosed. Common tactics include putting money in a safe deposit box, opening hidden bank accounts or transferring money into a business that the person owns. Another tactic that people use is to give money to friends or family members. They may claim that they are paying back an old loan or giving someone a business loan, but they are really just transferring that money until after the divorce, when the recipient will return it to them.
Dissipating assets
When someone dissipates assets, they don’t try to hide their financial activity. They intentionally spend money. The spending will generally be perceived as wasteful. For example, imagine that one spouse is a high earner and their spouse doesn’t have a job. They know that they can earn the money back post-divorce. So, they spend it prior to the divorce, not worrying about wasting it on traveling or other frivolous purchases. They just want to spend it on things that are not tangible assets – which could be returned or given to their spouse – so that the money is gone during the property division process.
Legal options
Those who worry that their spouse may try to unfairly deny them access to the value of their marital estate need to be well aware of the legal options at their disposal. There are steps that can be taken to work toward a proper division of assets. Seeking legal guidance is a good way to explore one’s rights and options.]]>