Seiler Rapp & GuerraSeiler Rapp & Guerra2024-03-18T07:47:54Zhttps://www.srg-law.com/feed/atom/WordPress/wp-content/uploads/sites/1604245/2022/09/cropped-site-icon-32x32.jpgOn Behalf of Seiler Rapp & Guerrahttps://www.srg-law.com/?p=537892024-03-18T07:47:54Z2024-03-18T07:47:54ZLegal issues with xylazine
Some states have declared xylazine a controlled substance, and other states are considering following suit. The Texas Health and Human Services agency has warned the public that xylazine gets mixed with illegal drugs, such as fentanyl. Combining this tranquilizer with other drugs can increase their potency and make them more dangerous.
Regardless of the legal status, xylazine can cause severe health problems, such as lesions that come with the risk of infections. Overdoses can also become fatal. While not everyone believes criminalizing xylazine is the right course of action, using this drug remains dangerous.
Legal issues with xylazine
Even if xylazine is not listed as a controlled substance, a person can face drug charges if they use an illegal drug mixed with xylazine. Someone arrested for possession of heroin cut with xylazine can deal with charges related to controlled substances, as heroin falls under that category.
Someone under the influence of any drug can face additional charges based on the circumstances. For example, someone who causes a fatal accident while under the influence may be charged with manslaughter. Persons who steal to pay for their addictions may deal with robbery or burglary charges.
Those who are facing drug charges will do well to gather evidence in their favor and present a strong case. Even if the evidence against them is strong, taking additional measures like staying out of trouble and attending drug education or rehabilitation programs can also make a positive difference. These steps can show the court that the person is taking the situation seriously and is willing to make changes, which might lead to a better outcome in their case.]]>On Behalf of Seiler Rapp & Guerrahttps://www.srg-law.com/?p=537862024-02-13T08:27:35Z2024-02-13T08:27:35ZAntagonistic behavior
Police officers are professionals, and they do not respond well when motorists argue with them during traffic stops or say things that could be considered offensive. You should never tell a police officer that your taxes pay his or her salary or he or she should be investigating real crimes instead of pulling over motorists, and arguments about what did or did not happen should be made in court and not at the roadside. Telling jokes or making light of the situation could also antagonize the officer, so you should try to remain calm and courteous.
Forgoing your rights
The Fourth Amendment to the U.S. Constitution protects your person and property from unreasonable searches and seizures, and the Fifth Amendment gives you the right to remain silent. You may feel that the statements you make during a traffic stop cannot be used in court, but they can be. Police officers only have to read suspects their rights when they take them into custody, which means anything you say during a traffic stop can be used against you. You should be especially cautious about what you say if you could be charged with DUI. Consenting to a warrantless search and lying to the officer are also mistakes to avoid. False statements can be very difficult to explain in court, and you would be unable to prevent evidence discovered during a traffic stop from being introduced at trial if you consent to a search.
Making a bad situation worse
Being pulled over by the police can be nerve wracking. If you are stopped, you should avail yourself of your constitutional rights and treat the police officer with courtesy and respect. Becoming angry or combative or admitting that you did something wrong could make a bad situation even worse.]]>On Behalf of Seiler Rapp & Guerrahttps://www.srg-law.com/?p=537412024-01-16T04:15:16Z2024-01-16T04:15:16ZWhat the walk-and-turn test entails
Police officers who administer this test to detect DUI must follow strict rules. The test involves two parts: instruction and execution. During the instruction part, the test subject must stand with feet heel-to-toe, with arms outstretched while the officer explains the procedure, and then ask if the individual understood the instructions. The second part involves taking nine steps forward on a real or imaginary line, turning and then taking nine steps back to the starting point. While the subject performs the test, the officer will look for several signs indicating intoxication.
The problem with this test is that some people with medical or balance problems may not be able to pass it and will be arrested for DUI. Difficulty balancing, stopping while walking, failing to walk heel to toe, stepping off the line, using arms for balance and other mistakes could end up in failure, even when an individual has not consumed any alcohol.
Challenging a field sobriety test
Drunk driving in Texas carries some stiff penalties, so it is essential that anyone taken into custody for DUI challenge the results of a field sobriety test. You need an aggressive defense, especially if your test results are skewed because of physical difficulties, hearing problems, or other factors that may cause an officer to arrest you unfairly. Improper test administration is another reason to disprove walk-and-turn test results.
An aggressive defense is your best strategy against DUI charges. Gathering appropriate evidence and witnesses that can confirm your innocence is essential. Even first-time offenders could incur jail time, hefty fines and loss of your driver's license, so it's in your best interests to do everything in your power to disprove any field sobriety tests.]]>On Behalf of Seiler Rapp & Guerrahttps://www.srg-law.com/?p=537392023-12-15T05:10:17Z2023-12-15T05:10:17ZTwo types of crime
Retail crime has increased partly due to organized rings of professional retail criminals. Shoplifting happens when individuals steal things for their personal use. Organized retail crime differs in that it involves a large-scale operation of people stealing merchandise to resell, along with engaging in other types of fraud, theft and money laundering. Retail crime led to almost $1 billion in losses for the retail industry in 2022 and has also put retail workers at risk due to violence in retail stores during thefts.
Many stores have required employees to step back from anyone attempting to steal merchandise out of concern for workers’ safety and potential litigation risks. Some retail workers, such as staff working at Macy’s department stores, went on a brief strike, asking for a pay increase and a solution to the ongoing stress of working in an environment with a high crime and violence rate.
New legislative measures
The Integrity, Notification and Fairness in Online Retail Marketplaces for Consumers Act, called the INFORM Consumers Act, has established certain protections for third-party sellers and consumers using online retail shopping sites. High-volume third-party sellers must provide more personal background information to verify and disclose their identity to buyers. The Act strives to increase online transactions' transparency and combat the sale of stolen, counterfeit or otherwise suspicious merchandise.
State task forces
California and several other states have assembled new task forces to increase their investigations into organized retail crime. Various agencies, such as the California Highway Patrol’s ORCTF or Organized Retail Crime Task Force, work together to form a robust, interagency solution. California's state-wide task force coordinates with the federal Department of Justice (DOJ) to identify high-crime areas and provide necessary personnel and equipment resources to assist local law enforcement.
Despite the ongoing news of escalating retail thefts, the industry is beginning to see positive change. New legislation, improved law enforcement strategies and more insightful perspectives contribute to a more secure retail environment.]]>On Behalf of Seiler Rapp & Guerrahttps://www.srg-law.com/?p=536952023-11-10T04:37:52Z2023-11-10T04:37:52ZDistorted or influenced memories
The human memory is more fragile than people would like to believe, and studies have shown that observances fade and distort over time. This natural degradation of memories can make it challenging to recall events, causing witnesses to give inaccurate or flawed testimony.
A witness may unknowingly alter their recollection of an event because of exposure to certain types of communication. Suggestive language, biased interviews and leading questions can affect how a witness remembers an event. Exposure to discussions about a criminal case or media coverage can contaminate a witness’s memory and affect the accuracy of the testimony.
Perceptions
In high-stress situations where a crime occurs, a witness may have difficulty remembering details accurately. Anxiety and other emotions can impair the ability to perceive and remember. If a weapon was involved, an eyewitness may have focused on it while at the scene and neglected to note other critical details of the incident accurately. Due to their perceptions or exposure to specific weapons, eyewitnesses may also misidentify the weapon they saw used in a crime.
Bias in lineups
When law enforcement conducts lineups, the methods they use can influence a witness and cause them to make an incorrect choice. Some witnesses will choose an individual even when law enforcement does not include the actual perpetrator in the lineup. Feedback from law enforcement and other individuals can influence witnesses, which causes them to become more confident that their inaccurate memories are correct.
Racial bias also exists, and witnesses have difficulty identifying potential perpetrators of a different race. This phenomenon can potentially lead to misidentifications.
Eyewitness testimony is not without flaws, but still serves as a valuable tool in criminal justice. Understanding the potential for bias and error is essential to ensuring that criminal courts serve justice.]]>On Behalf of Seiler Rapp & Guerrahttps://www.srg-law.com/?p=536862023-10-10T19:15:17Z2023-10-10T19:15:17ZPoll shows more incarceration is not the answer
A 2023 poll by the organization VeraAction indicated that voters across all political spectrums believe that many politicians are out of step with criminal defense issues and what it takes to keep people safe. Many believe that American law enforcement and the courts simply react to economic instability, substance abuse and mental illness instead of tackling the root of these problems. Instead of simply convicting and incarcerating these people, the poll shows that most Americans believe that proven alternative solutions such as better healthcare and education, sending the correct first responders to deal with tricky situations and similar moves would reduce crime.
The information released by VeraAction showed that 66% of voters aged 18 to 35 support a prevention-first approach to crime. Younger voters were more likely to feel this way than older voters. People of color said this problem is particularly evident in their communities, with 65% of Black and 53% of Latino voters saying they preferred a crime prevention approach.
Dealing with overzealous prosecution
Many prosecutors try to push cases through the courts because the state of Texas does not have the resources for a lengthy trial in most cases. This scenario can often work in defendants' favor in many cases, as they may be able to work out a plea bargain as part of their criminal defense strategy when working with the court, especially when mitigating factors such as mental health may have factored into an arrest.
Preparing a solid defense is your best tactic for staying out of jail. Gathering solid evidence that backs up your position, including witness testimony, arrest procedure or other questionable factors in your case, can possibly lead to a reduction in charges or even having the case dismissed.]]>On Behalf of Seiler Rapp & Guerrahttps://www.srg-law.com/?p=536842023-09-11T00:13:51Z2023-09-09T00:12:26ZQuestions center on a police dog
When a driver swerved across three lanes, the police stopped the vehicle. A police dog sniffed drugs, and the police procured a warrant and found a pill bottle and a bag with meth residue, leading to a warrant, search and arrest. However, the dog placed its paws on the vehicle, leading to questions about an unreasonable search.
The Idaho Supreme Court already heard the case and ruled in the convicted defendant’s favor. The decision only affects Idaho law. If the Supreme Court agrees to hear the case, the decision would impact national law.
Illegal searches and seizures
The Fourth Amendment protects people from illegal searches, seizures and abusive police practices. Violations of constitutional rights could play a significant factor in a criminal defense. For example, if the police did not procure a warrant to perform a search, the evidence procured may be inadmissible in court.
The police must have probable cause to stop a vehicle. If law enforcement lacks probable cause and performs a search even with the reasonable suspicion of a crime, the evidence acquired may be inadmissible. Depending on the facts and circumstances, a motion to suppress evidence may lead to a judge's ruling in the defense's favor.]]>On Behalf of Seiler Rapp & Guerrahttps://www.srg-law.com/?p=536832023-08-11T19:21:22Z2023-08-08T19:19:37ZSuing the executor
The beneficiaries could sue the executor when the person breaches their fiduciary duty. Executors have obligations to distribute assets, file tax returns and pay debts on time. Executors who falter may face legal challenges from beneficiaries who are hurt by their incompetence or malice. Matters related to illegal activities, conflicts of interest or self-dealing may lead to lawsuits too.
Creditors might also have legal claims against an executor. Since the probate process also involves settling the estate's debts, creditors have a reasonable expectation of receiving payments without delays. Unless the estate is bankrupt, the executor should pay debts promptly. Creditors dealing with an unethical or negligent executor may sue to obtain what is owed.
Resolving the matter
Probate litigation concerning issues with an executor may involve suing the person, which could result in the court removing and replacing them. A court could find the executor personally liable, leading to the beneficiaries receiving compensation. Thus, executors who fail to perform their duties responsibly might suffer financial consequences.
Executors who commit illegal actions or perjure themselves might face criminal charges. Again, estate planners may benefit from choosing an executor wisely. Otherwise, the probate process could spiral into criminal and civil legal woes. Such scenarios could negatively affect innocent beneficiaries and creditors. Estate planners might wish to revisit their wills and remove an executor who may be a bad choice.]]>On Behalf of Seiler Rapp & Guerrahttps://www.srg-law.com/?p=536612023-07-05T05:47:41Z2023-07-05T05:47:41ZThe right to remain silent
The Constitution says that you cannot be compelled to say anything as speaking to authorities might incriminate you. Generally speaking, you can exercise this right by not saying anything when an officer asks you a question. You can also make it known that you do not wish to speak until you have counsel present. At this point, officers, detectives or anyone else representing the state must refrain from asking any questions.
The right to counsel
The right to counsel is an essential right because the average citizen doesn't know the law well enough to create a credible criminal defense strategy on their own. Even if you have some idea as to how the law works, it's generally a good idea to hire outside counsel because you may not be able to approach the matter in an objective manner.
You can still speak voluntarily
Anything that you say voluntarily can be used against you in a court of law, and this fact is made clear in any reading of your Miranda rights. While authorities may claim to trade information for leniency in your case, there is no guarantee that this will happen. Therefore, it may be in your best interest to say as little as possible even if you believe that speaking may help you avoid criminal charges or a severe sentence after being convicted.
If you are convicted of a crime, you may be sentenced to jail time, a fine or community service. However, if you can prove that authorities improperly obtained evidence in your case, it may be possible to have it dismissed or gain leverage to receive a favorable plea deal.]]>On Behalf of Seiler Rapp & Guerrahttps://www.srg-law.com/?p=536592023-06-09T21:19:00Z2023-06-09T21:19:00ZUnderstanding field sobriety tests
There are three standard field sobriety tests police use to see whether a person is guilty of drunk driving. They include the one-leg stand test, the walk and turn test and the horizontal gaze nystagmus test. The one-leg stand requires standing on one leg with your foot six inches off the ground and counting until the officer says to stop. A person fails when they lose their balance or put their arms out to steady themselves.
The walk-and-turn test is done while walking heel to toe in a straight line for a certain number of steps. The police officer will tell the person when to turn around and repeat the motions while returning toward them. If the person sways, puts a foot in the wrong position or turns improperly, the officer can claim they failed.
The horizontal gaze nystagmus test is done by following an object in the officer’s hand such as a pen. The officer checks for eye motions, expecting them to be smooth and steady. If the individual’s eye jerks, they can be deemed under the influence.
Challenging field sobriety test results
Like any other tests, field sobriety tests aren’t foolproof; there’s a large margin for error for various reasons. One way to challenge the results is that the officer didn’t properly explain the instructions or skipped a step in the test.
Some people fail these tests because of medical conditions. Those with neurological impairments, certain disorders and even an inner ear infection can easily fail because of issues with balance.
Being obese and taking certain medications can also cause a person to fail field sobriety tests. Even weather conditions, lighting, clothing and uneven surfaces can lead to poor results. In any of these situations, challenging the results is a must.]]>