The Right To Remain Silent

 

Miranda Rights – The Right To Remain Silent After A Criminal Accusation

Midlothian, United States - December 13, 2022 /McCarty-Larson, PLLC/

Different people with varied cultural backgrounds, political inclinations, and beliefs share some values and rights across the US. Freedom is a value held dear by all. To ensure all citizens enjoy liberty granted by the state, the Constitution is implemented in all states. 

The rights include the rights of persons accused of a crime. It is essential that a person accused of a crime is aware of their rights and that law enforcement agencies do not violate these rights. Criminal defense lawyers ensure that their client's rights are respected and make them aware of these rights. McCarty-Larson, PLLC is a family and criminal law firm in Midlothian, TX. They offer exceptional personal legal service, compassionately understand the client, and are committed to getting the best outcome in legal cases.

McCarty-Larson, PLLC helps clients understand their rights to remain silent and how they work when interacting with law enforcement in Texas.

What Are Miranda Rights or The Right To Remain Silent?

Everyone who watches TV and movies has heard the dialogue, "You have the right to remain silent. Anything you say can and may be used in a court against you in a court of law." Understanding what the right to remain silent means in real life is beneficial. According to the 5th Amendment of the US Constitution, all citizens have the right to remain silent when interacting with law enforcement. In 1966, the US Supreme Court ruled that a person's statements, made without informing them of their right to remain silent and engage a legal counsel, cannot be used as incriminating evidence by prosecutors.

Across the US, including in Texas, when taking suspects into custody for interrogation, police officers must read them an official Miranda warning.

The Miranda Rights include the following:

• The right to remain silent
• Answers given at this time can be used against them in court
• The presence of a criminal defense lawyer is a right of the suspect during interrogation
• A public defender will be assigned to cases when the accused has no lawyer and cannot afford one

Miranda Rights are present from interrogation in custody until a conviction. Legal enforcement officers have the duty to read these rights.

The right to remain silent during police interrogations

Miranda Rights come into effect only after a suspect is arrested and taken into custody by the police. Without an arrest, police officers are not bound to read the rights to a suspect. Yet it is crucial to be aware that anything the suspect says can be used against them. Also, the person must affirmatively invoke the right to remain silent. It is advisable to request a criminal defense lawyer as per Miranda Rights.

Silence During Trial

According to the Fifth Amendment, no defendant in a criminal case is to be compelled to be a witness against themselves in court. Defendants have the right to decide if they want to testify during the trial, and the court does not allow prosecutors to comment on this decision.

McCarty-Larson, PLLC, would advise staying informed during any interaction with Texas police. The person can ask the police officer why they are being questioned if they do not understand why. If law enforcement officers fail to mention Miranda rights even when a person is arrested, a criminal defense lawyer can ensure the statements given are not considered against the defendant. This can make proving guilt less easy. However, according to a Supreme Court ruling in June 2022, law enforcement cannot be sued for violation of American civil rights for failure to inform people of their Miranda Rights, even when that leads to suspects incriminating themselves.

It is common for police to use several tactics, like delaying arrest, claiming they have evidence against the suspect, etc. It is vital that suspects ask to speak to their lawyers or get a criminal defense lawyer. A criminal defense lawyer will offer advice on what to say and what not to say.

Anyone needing a criminal defense attorney in Midlothian, TX, can reach out to McCarty-Larson, PLLC. With experience in handling all types of criminal defense matters, their legal team is up to handling the most complex cases. They represent clients across Ellis County, Tarrant, Dallas, and Johnson County. No matter what the case is, these criminal lawyers inform clients of their legal rights and options and help them regain control of their lives. Contact McCarty-Larson, PLLC, by calling (972) 775-2100.

What To Do When Falsely Accused of a Crime?

 

Defense Against False Accusations of a Crime

Midlothian, United States - November 28, 2022 /McCarty-Larson, PLLC/

Conviction of a crime is something nobody wants. It entails high fines, jail or prison time, and a criminal record that alters life forever. Being falsely accused of a crime is a harrowing experience. Anyone falsely accused of a crime must immediately contact a criminal defense lawyer to avoid the following dangers.

Though it can be difficult to believe, false accusations can be motivated by jealousy, revenge, or anger. Domestic or marital problems can also lead to false allegations of domestic violence. A similar situation can be created when there is a property dispute or bitter child custody battle during a divorce. Even when the falsely accused person knows they are innocent, it is turmoil, and there is a probability that they may be found guilty. This false accusation of crime must be met with immediate action, the first step of which is to meet a criminal defense lawyer. McCarty-Larson, PLLC in Midlothian, TX, offers criminal defense for the people of Ellis County and surrounding areas. This criminal defense attorney protects clients' rights in any criminal matter. McCarty-Larson, PLLC shares what people falsely accused of a crime can do.

Legal representation must be sought when there is an accusation of crime, even when it is false. A criminal defense lawyer will assess the case and educate the person on their legal rights. The criminal attorney may try different strategies based on the situation.

When a crime has not been charged yet

The criminal lawyer can take a proactive step of intervention. The lawyer discusses the defense of their client with the prosecutor or law enforcement officer and shares evidence of the client's innocence.

Taking no action is a passive but effective response. A defense attorney may adopt this strategy when convinced that the prosecutor does not have enough evidence to charge the client with the crime. 

When there is a formal charge of crime

The criminal attorney investigates the alleged crime. The strengths and weaknesses in the case charged by the prosecutor are examined in the investigation. It includes the evidence collected and the witnesses against the client. The criminal lawyer also assesses what defense can be argued and which expert witnesses can be retained in favor of the client.

A plea agreement may be entered into with the prosecutor to avoid a harsh sentence by accepting a lesser charge. 

What to do in addition

After a criminal defense lawyer is hired and the defense strategy is chalked out, any evidence must be gathered. The evidence can include anything that proves the accused's whereabouts, activities, and movements during the time of the alleged crime. Evidence may include clothing, photographs, correspondence records, documents, receipts, GPS data from phones and vehicles, witnesses, CCTV footage, etc.

What not to do when falsely accused of a crime

Some actions can worsen the case against the accused. So the following activities must be avoided at all costs: 

• Destroying evidence that seems to be against the accused.
• Any contact or conversation with the victims of the crime or witnesses.
• Talking to the police, investigators, or prosecutor in the absence of the criminal defense lawyer hired.
• Giving consent to the police for any test, including DNA, when the criminal attorney is not present. 

When facing false accusations of crime in Ellis County and surrounding areas in Texas, McCarty-Larson, PLLC provides reliable criminal defense. With the experience of the criminal defense attorney as a former prosecutor and police officer, the firm has insight into how the machinery operates and strategizes accordingly. When people find themselves on the wrong side of criminal law, even when accusations are false, they can contact McCarty-Larson, PLLC in Midlothian, TX, by phone on (972) 775-2100.

Divorce vs. Annulment

 

What Is The Difference Between Divorce and Annulment?

Midlothian, United States - November 21, 2022 /McCarty-Larson, PLLC/

Dissolution of marriage is a very sensitive and complex process. Several circumstances lead to the breakdown of a marriage; infidelity, financial problems, or irreconcilable differences. Whatever the reason, ending a marriage is a difficult decision that results in a situation that is emotionally, physically, and financially draining. 

Once the decision to end a marriage is made, it is best to get advice from a knowledgeable and experienced divorce attorney. McCarty-Larson, PLLC is the top divorce law firm in Ellis, Johnson, and Tarrant Counties. They represent both simple and complex divorces. McCarty-Larson, PLLC has a family law team that understands how overwhelming divorce can be. This family law firm strives to help clients reach a fair settlement with the slightest animosity and drama. 

The difference between divorce and annulment

What is Divorce?

Divorce ends a legal marriage. A divorce brings a marriage to an end and is legally accepted and represented by the state. After a divorce, both parties are legally single and can enter new marital relationships if they desire. Divorce also helps resolve resulting issues like child custody, division of assets obtained during the marriage, and payment of alimony. 

Reasons for divorce

Common causes of divorce are adultery, imprisonment, abandonment, abuse, and conflicts between spouses. When children, assets, and finances are involved, divorce disputes become more complicated and can get personal. 

What is an annulment?

An annulment is not as simple as many assume. An annulment is a statement that declares the marriage that existed was not legal, and should never have happened, making the marriage null and void. 

A civil annulment is a declaration that a marriage never occurred. It is the preferred way to end a marriage for people who got married without the knowledge of situations that, if they had known, would have stopped them from getting married. However, some conditions must be met for a court to grant an annulment rather than a divorce. Each state has annulment laws that may differ slightly from other states. In Texas, the person requesting annulment can demand a jury trial. Some grounds for annulment in Texas are the following:

Fraud or misrepresentation: A spouse lying about matters significant to a marital relationship. For example, hiding the fact that they are married or have children from a previous marriage for whom they are responsible. 

Concealment: Hiding a major fact from a spouse that impacts their life, like their being convicted felon.

Impotence: A spouse deliberately hiding that they were impotent, despite knowing it before marriage, is grounds for annulment. 

Lack of consent: If one spouse did not have the mental capacity to consent to get married, or if one of them was forced against their will into the marriage. 

Misunderstanding is when an individual wants something that the other does not, and it is a significant life-changing decision or condition. 

Underage marriage: A person over the age of 16 and below 18 who was married without a court order or parental consent is a condition for annulment.

Influence of drugs or alcohol: People get married when under the influence of drugs or alcohol. An annulment may be granted in this case.

An annulment may be granted if a recent divorce from a third party (within 30 days or less) was undisclosed to the current spouse. 

A marriage that took place before the 72-hour waiting period (which is the time that must elapse between issuance of a marriage license and the ceremony) in Texas is over unless there are exceptions that permission was given. 

Texas has annulment requirements following the Texas Family Code. Not consummating the marriage or cohabitation after marriage are included in these requirements.

Because Texas is a community property state, assets and dates accumulated during the marriage are divided equitably. But, annulments do not give a legal division of property as it declares that a legal marriage never existed.

Timing is also crucial in annulment. The longer the married people live together and the more assets they earn, the more likely a divorce will be needed rather than an annulment. Contrary to what many think, getting an annulment is not easy in Texas. Courts uphold the state's beliefs in the sanctity of marriage. 

In legal annulments, the marriage has to be voidable, in contrast to marriages that were void from the beginning. Polygamous and forced marriages are illegal and void in Texas and do not need to be annulled.

It is essential to understand the best way to end a marriage. Having a divorce lawyer to handhold through the process is important. It ensures a better understanding and resolution of complicated issues, including child custody and support, property division, visitation rights, etc. McCarty-Larson, PLLC, ensures that a divorce lawyer works to resolve disagreements amicably. But this family law firm is always ready to fight for clients' best interests when needed. For valuable assistance in family law and better insight into making the right decisions for the family, McCarty-Larson, PLLC in Midlothian, TX, can be approached. Call (972) 775-2100 for an appointment to discuss legal representation in family law matters by McCarty-Larson, PLLC.

DWI in Texas - Is It A Felony?

 

What Kind of Crime is DWI in Texas?

Midlothian, United States - November 14, 2022 /McCarty-Larson, PLLC/

Driving safety is taken very seriously across the country, and rightly so. Driving safety is vital for all the stakeholders; drivers, their families or passengers, other drivers on the road and their families, the government, and the community. DWI in Texas is dealt with sternly by Texas courts.

McCarty-Larson, PLLC is a law firm dealing with family law and criminal defense in Midlothian, TX. They provide DWI defense, and Attorney Robin McCarty has unique skills and over 25 years of experience handling the offense of DWI. His experience as a Texas Peace Officer and a Tarrant County Prosecutor gives Attorney McCarty an edge in alcohol-related crimes. 

A blood alcohol concentration of 0.08% or more in Texas will make the driver legally intoxicated. As soon as drugs or alcohol affect driving, the person will be considered to have broken the law. Any detectable amount of alcohol in the system of a driver under the age of 21 is illegal. 

Depending on different factors, a DWI case is charged as a misdemeanor or a felony. Irrespective of what charge is being pressed, it is best to have a DWI defense attorney. Even a misdemeanor DWI harms the life and reputation of a person and their family. 

A crime that is not associated with violence and that did not have an intention to harm someone is a misdemeanor. Felonies are serious crimes that include harm to others and serious financial crimes. Felonies have lengthier prison sentences and more severe punishments than misdemeanors. 

Penalties for DWI

Texas Department of Transportation encourages residents to follow traffic laws to ensure the safety of the driving public. Depending on the circumstances, a DWI in Texas may be charged as a misdemeanor or felony. 

Usually, a first-time offense is charged with a Class B Misdemeanor, which can get a fine of up to $2,000 and up to 180 days in a county jail upon conviction, with three mandatory days. The offender can lose their driving license for up to a year. 

Second-time offenders are likely to get a Class A Misdemeanor charge. This offense may carry a fine of up to $4,000 and one month to a year of jail time. The person may lose his or her driving license for up to two years.

High Blood Alcohol Content and a history of alcohol-related convictions like intoxication manslaughter and intoxication assault can turn a Class B Misdemeanor Charge into a Class A Misdemeanor or a Class A Misdemeanor into a felony. 

Two prior DWI convictions will make a DWI a felony. In Texas, after the second DWI, all additional offenses are charged as felonies. So, the third and fourth DWIs will most certainly be felonies that attract harsh penalties. 

Other DWI felony charges

Driving under the influence  (DUI) with a child passenger below the age of 15 is a state jail felony. The offense carries a child endangerment charge and can be fined up to $10,000. The offender can face up to two years in jail and lose their driver's license for another 180 days.

Intoxication assault is a third-degree felony if an accident results in severe injury or disfigurement of the other party. 

Intoxication manslaughter is when an accident results in the death of another person and is a second-degree felony. 

DWI that incurs felony charges affects the person for life. Background check failures due to DWI charges can hinder getting hired or obtaining a home equity loan. Felony convictions have grave consequences like forfeiture of constitutional rights. An experienced DWI defense lawyer must be hired for the defense. 

McCarty-Larson, PLLC has a team capable of challenging, dismantling, and questioning a DWI case from all angles. Their DWI attorney has the experience to dissect the opposition's case with strategic moves. The DWI defense at McCarty-Larson, PLLC will determine if there has been an erroneous arrest, whether there were rights violations at a sobriety checkpoint, find weaknesses in the opposition's case by a relentless cross-examination, etc. This DWI defense lawyer in Midlothian, TX, is skilled in deconstructing cases against their clients and using evidence as leverage against the prosecution to create a favorable position for their clients. They ensure that the client gets to share their story and fight to protect each client's rights and freedoms. For legal services related to criminal defense or family law, McCarty-Larson, PLLC in Midlothian, TX, can be contacted by phone at (972) 775-2100 or emailing at contact@mccartylarson.com to schedule an initial consultation with highly qualified criminal and family attorneys. 

Weapon Charges In Texas, Images 9/12/22

 

The Crime Of Cyberbullying, Images 9/12/22

 

The Right To Remain Silent, Images 9/12/22