Blog

Safety on the road is always an important issue to which policymakers should pay close attention. Watching emerging trends in accidents on the roads can help guide policymakers in implementing policies to avoid accidents. A recently released report shows that there has been an increase in accidents on the road in Texas and other states. However, many were surprised to see that fatalities from bicycle accidents increased more than vehicle deaths. The report, which was released by the Governors Highway Safety Association (GHSA), shows that the number of people dying from bicycle accidents seems to be trending rapidly upward. During the period between 2010 and 2012, the number of deaths caused by bicycle accidents increased by 16 percent. This is significant when it is taken into consideration that the number of fatalities from car accidents has only increased by 1 percent during this same time span. Adults 25 years of age and older accounted for 84 percent of deaths among bicyclists in 2012, which is a dramatic increase compared to 1975 when only 21 percent of bicyclist deaths were within this demographic. About 74 percent of the bicyclists who died in 2012 were adult males, according to the study released by the GHSA. Statistics also revealed that six states, including Texas, accounted for 54 percent of the deaths from bicycle accidents. The increase in deaths caused by bicycle accidents means there was an increase in the families mourning the loss of loved ones in Texas and other states. This can be an emotionally trying time for any mourning family. Many just want to be left alone in order to mourn in peace, but it may behoove a mourning family to consider filing a wrongful death lawsuit if the death of their loved one may have been caused by a driver on the road or any other negligent party or individual. Source: claimsjournal.com, “Bike Fatalities Rise, Adult Males at Highest Risk“, Nov. 14, 2014

Many Texas residents are turning to bicycles for transportation as bicycles offer both economic and health benefits. Unfortunately, there is also a downside to bicycling — danger. A recent incident clearly illustrates the dangers posed by bicycle accidents — a danger that one must consider before choosing this mode of transportation. The incident occurred in the late afternoon in early November. According to law enforcement officials’ initial findings, a 70-year-old man was riding a bicycle at the same time that a car was traveling southbound on the same road. It is believed that the bicyclist was attempting to cross the road in front of the car when he was struck and fatally injured. As details about the incident are still being investigated, little information has been released to the public. Currently, it is unknown whether the bicyclist was or was not wearing a helmet. It has also not yet been reported whether law enforcement cited the driver of the car. The Texas Department of Public Safety is currently continuing an investigation. The family of the decedent is undoubtedly waiting to find out the details of the fatal bicycle accident in Texas. This may help with a certain amount of closure for the family. On the other hand, there may still be significant emotional turmoil, as well as financial hardships, that the family members will have to endure due to the loss of their loved one. Fortunately for the family’s financial future, if it is believed that the driver of the car was negligent, they, as do other families who have suffered similar losses due to bicycle accidents, have the option to file a claim for wrongful death compensation for their loss. Source: kxan.com, “70-year-old cyclist killed in Williamson County“, Oct. 28, 2014

Material possessions play a central role in the culture of the United States. Many people will go to great lengths to obtain money or other possessions which they desire. However, some people make the mistake of allowing their desire for possessions to overtake their better judgment. Three women may have succumbed to this desire, resulting in criminal fraud charges in Texas. Three women were arrested after they allegedly used an organized credit card scam ring which defrauded a Wal-Mart location in Texas of $19,000. The defendants are accused of planning the crime via Facebook where two of the defendants contacted the third suspect who was an employee at the targeted Wal-Mart. The three suspects then planned to use prepaid credit cards that are sold at Wal-Mart in order to defraud the company, according to the charges filed against them. Each of the three suspects faces charges of a single count of credit card abuse, as well as one count of organized criminal activity. The defendants are young women ages 22, 20 and 18, respectively. Wal-Mart’s loss prevention team called the local police after they discovered the alleged wrongdoing by the suspects. The police officers arrested the three women, who were inside the store location at the time. The police are continuing to investigate the incident in Texas. Authorities expect to file more criminal charges in addition to the fraud charges the defendants are already facing. Therefore, it seems that the three women will have a challenging task of defending themselves in a court of law. However, with thorough preparation, it is possible to mount a strong legal defense that minimizes consequences or even results in some, or all, charges being dismissed. Source: Forney.com, “Three arrested in credit card fraud ring“, Mathew Richards, Oct. 28, 2014

People are only human, which means they are often prone to making mistakes. Sometimes, people even make the same mistakes several times. Texas authorities say that this was the case with one woman who was recently charged with drug crimes for the second time after a deputy was killed in a car crash. The first time the woman was arrested and subsequently convicted of possessing methamphetamine, and now she is facing the same charge of possession of a controlled substance following this recent car crash. Reportedly, the woman crashed her SUV into a police cruiser traveling in the opposite direction. The SUV crossed over from the westbound lane into oncoming traffic, crashing head-on into the deputy’s vehicle. This caused the deputy’s car to spin out counter-clockwise into a drainage ditch on the side of the road. The woman’s car ended up in the center of an intersection. The 32-year-old deputy died after being removed from his vehicle and airlifted to a local hospital. The police say they discovered methamphetamine in the 29-year-old woman’s possession. It was reported that the woman is currently on parole after being released from prison earlier in October. She was originally sentenced to two years in prison after pleading guilty to drug charges in March. Now, the woman will have to defend herself against accusations that she committed the same drug offense twice in Texas. It is not clear if additional charges may be filed against her with regard to the fatal crash and/or with respect to any claim of a parole violation. Clearly, the fact that she was recently convicted of drug crimes and is still on parole with respect to the prior incident will only complicate her current proceedings. Of necessity, she must focus — alongside her defense counsel — on the specifics of the prosecution’s current accusations in order to make certain her legal rights are protected while fighting for a resolution that is in her own best interests. Source: clicktohouston.com, “Parolee charged in crash that killed deputy in northeast Harris County“, Nakia Cooper, Oct. 29, 2014

The law is made to protect the public. Part of this includes making sure that consumers and the public are not deceived in the marketplace. In some cases, making the mistake of not following these rules may result in being charged with federal crimes in Texas. This appears to be what is happening with television’s Robert Lindsey Duncan. Duncan has made appearances on various television shows such as “The View,” usually promoting nutritional products. The dispute surrounds Duncan’s claim that he is a naturopathic doctor. This type of medical doctor is not recognized under state law; therefore, the Texas Attorney General is arguing that Duncan is misleading the public by claiming to be a medical doctor on television. The lawsuit states that the defendant misleads the public into thinking that he is giving out health advice; however, the state claims that this purported advice is not grounded on what it considers a sufficient educational background. Duncan received his doctorate from Clayton College of Natural Health. However, the Attorney General says that particular school — a distance-learning institution — is on a list of schools from which degrees are now considered illegal to claim. On the other hand, the defendant has a right to defend himself against the charges of federal crimes in a court of law in Texas. A defendant is always assumed innocent until proved guilty in the eyes of the court. Therefore, a good legal defense strategy can help to prevent the prosecution from being able to prove its case. This can help prevent large monetary fines, which could total up to $1 million in this particular case. Source: dailyfinance.com, “Texas Charges TV’s ‘Dr. Duncan’ with Being a Total Fraud“, Mitch Lipka, Oct. 16, 2014

Those who have been arrested for certain crimes may not realize exactly how it might affect their future. People in this scenario may have difficulty obtaining housing, applying for college or qualifying for a loan. This can occur even when a person is found not guilty of the crime they were accused of committing, as the arrest itself may still show up on a background check. It can turn a person’s world upside down and create legal problems that may not be easily managed. Some Texas residents may be able to have their criminal record expunged or petition for nondisclosure, and here at the Law Offices of Ruben Ortiz, we can assist those who wish to pursue one of these processes and get their lives back on track. Expunction means that the crime will be removed from one’s record. It will be as though the arrest never occurred in the first place — even law enforcement or judges will not know about the matter. This typically applies to those who had their cases dismissed or who were found not guilty through the judicial process. If you have questions about whether you qualify for expunction, we can assist you. Nondisclosure does not remove the arrest or conviction from one’s record, but it seals the record from the general public. Arrest and conviction records are available to the public, meaning potential employers could see it on a background check, as well as others who may have cause to examine a person’s public history. If a petition for nondisclosure is accepted, this prevents that from happening. It is generally applicable to those who have completed probation successfully and any other requirements that were made with the original sentence. Here at the Law Offices of Ruben Ortiz, we can answer questions for those experiencing legal problems related to their past criminal history. Our webpage about expunction of criminal records may prove to be a beneficial resource as well. Texas residents deserve a second chance in many cases, and we are committed to helping them.

Those who are accused of driving while intoxicated likely know just how seriously these crimes are taken by law enforcement. What they may not be aware of is the potential for harsher punishments due to other circumstances around the incident. For example, those convicted of drunk driving while a minor is riding in their vehicle could see higher fines, longer periods of probation, or even more severe jail sentencing. This could be the case facing one Texas school bus driver, who was recently arrested for driving her school bus after allegedly consuming alcohol. Authorities say that the incident happened on a recent afternoon when the school bus driver was taking children home after the school day. A resident of the area called police, saying that the school bus had run over a mailbox. The local county sheriff’s office arrested the bus driver on suspicion of driving drunk. There is no word yet on whether any test results are said to confirm that she was intoxicated. Children who were riding on the bus say that the driver also struck a fire hydrant and a few trees before the event was over. They were taken home by another vehicle after the incident had ended. No one was injured, though the bus did suffer some damage when the driver allegedly struck a curb and tree branch. At this time, her identity has not been released. Depending on the outcome of this bus driver’s case, she could be facing very serious punishment due to the delicate nature of her job — transporting minor children. It is important to note that she, and others who face drunk driving charges, are presumed innocent until and unless proven guilty in the eyes of the law. She will be given the opportunity to present her defense in a Texas court and answer to any evidence that may be presented against her. Source: NBC DFW, “School Bus Driver Faces DUI Charge After Wreck“, Oct. 17, 2014

Crimes that are nonviolent often have different punishments than those that involve violence. Those who are accused of nonviolent crimes, such as fraud, may mistakenly believe that the possible punishments won’t be as severe as crimes like rape or murder. This is not always the case. Certain crimes — such as identity theft — can wreak havoc on a victim’s life, costing them not just the money someone may have stolen, but their time and money to correct any damage that has been done. The punishments for an identity theft conviction here in Texas are dependent on several factors, and those who are accused may benefit by keeping this fact in mind when preparing a defense. Here in the Lone Star State, penalties for identity theft are affected by the precise crime and the victim. Identity theft can be considered a misdemeanor if certain financial information was stolen, or a felony if identifying information was acquired or used. This means that punishments could range from fines to incarceration, dependent on the exact offense that was committed. Certain crimes can also be punished by the court ordering restitution, requiring the perpetrator to repay the victim any money that he or she lost as a result of the identity theft. These punishments are similar across the country. Further, Texas punishes those who commit identity theft against vulnerable groups of people more harshly. An offense can be raised to a higher class if it is committed against an older person, a child or someone who is disabled. This would make the potential punishments even more severe. It is this potential for punishment that makes identity theft and other crimes of fraud like it nothing to take lightly. Those who stand accused can take solace in the fact that they are presumed innocent until and unless proven guilty. Being armed with this type of knowledge can be helpful as defendants prepare their defense against the charges. Source: FindLaw Blotter, “Identity Theft Charges: What Are the Possible Punishments?“, Daniel Taylor, Oct. 12, 2014

Domestic violence is a serious issue affecting individuals across the country, including many right here in Texas. As October is Domestic Violence Awareness Month, it seems appropriate to discuss what domestic violence is, who it can affect and what criminal penalties may be associated with accusations of this type of behavior. The state of Texas does have some strict laws regarding domestic violence that include harsh penalties for convicted offenders. Domestic violence is typically defined as any act that takes place in a domestic situation that causes or threatens bodily harm, or the occurrence of any physical contact that is considered provocative or offensive. To qualify as domestic violence, these acts must be performed intentionally or occur as the result of reckless behavior. What differentiates domestic violence from a basic assault charge is the relationship between the supposed offender and the victim. Physical altercations between spouses, relatives — such as children or parents — and non-married couples could qualify as domestic violence. The penalties associated with this type of charge can vary. A basic domestic violence charge is typically considered a Class C misdemeanor, and the penalty at this level is a fine of up to $500. Those offenses that are considered more severe may result in a felony charge, and a conviction could result in prison time, ranging from two to 25 years and a fine of up to $10,000. Just as domestic violence can have a dramatic impact on relationships, the criminal consequences of these actions can hurt those accused of such behavior both personally and professionally. While Texas does have domestic violence laws in place to offer protection to victims, those facing criminal charges of domestic violence are also guaranteed certain rights, including the right to defend themselves. A variety of defense strategies may be available to help those accused of this type of activity seek the best possible outcome for the situation at hand. Source: FindLaw, “Texas Domestic Violence Laws“, , Oct. 5, 2014

Texas parents of children and teens who are accused of various crimes may assume that their age offers them some protection. Nothing could be further from the truth. Depending on the offense and the circumstances around it, punishments may not only be harsh, but some children may be tried as adults in the main criminal justice system, as opposed to juvenile court. For this reason, it is important for parents to consider a thorough criminal defense, which our team here at the Law Offices of Ruben Ortiz have offered to many families in this exact predicament. Though juvenile court is meant for children aged 10 to 17, kids as young as 14 may have to face  being tried as adults, depending on the offense of which they are accused of committing. The level of punishment in each system is vastly different, as juvenile court is focused on rehabilitating those who are convicted. Typical sentences include probation, community service or even repaying the victims in some form or fashion. Also, being detained at the Texas Juvenile Justice Department’s facility for youth is vastly different than a traditional prison. Our team has represented young clients for many different offenses, such as underage drinking, shoplifting and vandalism. Those kids who are accused of more serious crimes, such as specific weapon offenses or sex crimes, are most at risk for being tried as adults. Our goal is to keep these minors in juvenile court, giving them a better chance at a more positive future. Those families who are in need of defense for their child may find our page relating to juvenile criminal defense has answers to many of their questions. Our team at the Law Offices of Ruben Oritz is prepared to assist families with these important cases. The outcome can have a significant impact on a child’s future. Source: Law Offices of Ruben Ortiz, “El Paso Juvenile Crimes Defense Attorney“, , Oct. 4, 2014

Accusations of sexual assault can be a difficult experience for most defendants. These charges are even more difficult to deal with when the accusations involve a child. These types of charges can drastically affect those accused and their families, if a conviction should occur in a Texas criminal courtroom. A 52-year-old man faces criminal charges after he was accused of sexually assaulting an 11-year-old girl. The sexual assault reportedly happened while the man’s stepchild was having a sleepover. According to reports, he went into the room where the child was sleeping. At that time, he allegedly sexually assaulted the girl. Authorities placed the man under arrest, and afterward, a grand jury indicted him with first-degree aggravated sexual assault of a child. The defendant was being held at a county jail facility on a $100,000 bond. It’s not known what plea he has entered or if he has secured legal assistance. No other information about this case has been reported. A formal accusation of criminal conduct is just that — an accusation rather than a conviction. Defendants who are facing criminal charges for sexual assault clearly have a lot at stake, particularly since the state of Texas seeks to prosecute these types of allegations to the fullest extent of the law. Defendants who gain knowledge of criminal procedures and their legal rights can potentially increase the chances of achieving favorable outcomes in their criminal cases. In the end, it is the sole burden of government prosecutors to prove each and every element of a crime charged by evidence that meets the stringent guidelines of our criminal justice system, and failing that, no conviction is possible. Source: ktxs.com, “West Texas man, 52, charged with sexually assaulting child“, Oct. 1, 2014

A total of 55 alleged El Paso Barrio Azteca gang members were recently arrested under accusations of very serious crimes. Several agents from multiple departments worked together in El Paso during the operation. Overall, 20 individuals were accused of committing federal crimes, and the remaining 35 persons face state charges. The El Paso Police, along with several federal organizations including the FBI and Homeland Security, joined forces to execute the recent raid. The investigation started after allegations surfaced claiming that the gang was collecting a street tax of sorts called a “quota” that was later invested for gang activities. These activities included the support of other gang members who were arrested, the purchase of firearms and the purchase of controlled substances. The 35 individuals who face state charges are accused of organized crime. The other 20 individuals who face federal charges are accused of conspiracy to violate the Racketeering Influenced Corrupt Organization Act. Some alleged members are also accused of conspiracy to distribute controlled substances, and others face additional conspiracy to launder money charges. If any person is convicted of the charges that he or she faces, that person could face up to a life imprisonment. In cases such as this one where multiple people are arrested all at once, it is crucial for those arrested to analyze every detail of their arrest to ensure that proper procedures were followed. Every defendant in Texas — whether they are accused of state or federal crimes — has certain legal rights that should be safeguarded throughout each step of the criminal process. If any of these rights are violated or denied, it will likely have an effect on that person’s case. Source: kfoxtv.com, “Multiple El Paso Barrio Azteca members arrested, face numerous charges following joint investigation“, Jesse Martinez and Joshua Zuber, Sept. 17, 2014