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Man Arrested in San Antonio Accused of Money Laundering and Drug Crimes

San Antonio Criminal Lawyer — Sun, 19 Feb 2012 01:50:00 GMT

Last Wednesday, Mexican businessman A.P. was arrested in San Antonio, Texas. He was found to have up to $10 million in U.S. bank accounts for money he was paid to help influence American politicians. He had been working for the Gulf cartel as a middleman between the politicians and the drug lords. The Drug Enforcement Administration was investigating the man as well as other people involved in the case. He was able to be arrested when former employees gave the DEA confidential information regarding what was transpiring.

Drug crimes of this magnitude as well as attempting to influence civil servants is a serious accusation. It remains to be seen exactly what penalties A.P. will face and what he will be charged with. If you have found yourself in a similar situation , you need to contact an attorney as soon as possible. A San Antonio criminal lawyer from Tylden Law has extensive experience in drug crimes and could be of invaluable assistance to you if you. Even if you case seems hopeless, their firm could help you retain your freedom. To learn more about how they could help you, contact a San Antonio drug crime attorney today!

Rape Suspect Caught at San Antonio Rodeo

San Antonio Criminal Defense Lawyer — Tue, 14 Feb 2012 01:49:00 GMT

On January 7^th, an Arizona woman was kidnapped by her ex-boyfriend, driven to a remote area, and sexually assaulted. The woman was held at gunpoint and then left at the scene locked inside her car trunk. However, she was able to escape from the car after several hours. Arizona police were working tirelessly at finding the man, G.L.G. aged 52, for kidnapping and rape. They were able to track the man to Texas, where he was working for a carnival in San Antonio, and quickly placed under arrest. Authorities have stated that he reason he was so quickly apprehended was the joint effort of task forces from different states. He man is now in Bexar County awaiting extradition to Arizona, where the crime was actually committed.

Kidnapping and rape are extremely serious felony charges. These violent crimes could lead to harsh penalties, but not everyone who is accused of these crimes is actually guilty. It is not uncommon for false allegations of sexual assault to be reported and there are often misunderstandings regarding alleged kidnapping cases. If you need help in defending yourself, you should talk to a San Antonio criminal attorney from Tylden Law. With over 20 years of experience, they have what it takes to defend even the most serious case. To learn more, contact a San Antonio sex crime attorney from their legal team.

3 Students Arrested for Flash Mob Prank

San Antonio Criminal Defense Attorney — Tue, 07 Jun 2011 18:54:00 GMT

Three students from Brandeis High School were arrested earlier this month when an end-of-the-year graduation prank turned violent as school security got involved.

What was intended to be a harmless high school prank by graduating seniors got out of control as students crowded into the hallways of the high school tossing beach balls and chanting and yelling. Food began to be thrown and then administrators and school officers got involved, which resulted in the arrests of three students who have now been disallowed from attending their graduation ceremony.

While some reports from the school seem to indicate that the students who were arrested were violent troublemakers, postings on the Facebook page for the high school flash mob tell an opposing story, such as one account which said a largely distributed video on the news "doesn't show the full picture," and describes a fight between an arresting officer and a student as "excessive" on the part of the officer.

If charged, one of the students who was arrested could potentially face minor charges for assault, due to a broken finger that a teacher suffered, while the other students could potentially face minor charges.

Facing charges for a juvenile crime, even if it is only a misdemeanor or minor citation, can be a terrifying incident. In cases such as these it is sometimes even possible that you could face heavy fines, or even jail time depending upon the situation. With the assistance and guidance of a skilled San Antonio criminal defense attorney it may be possible to fight your charges and avoid a conviction.

Contact a San Antonio criminal defense lawyer at Tylden Law to schedule a consultation if you have been arrested for allegedly committing a crime.

Important Tips If You Are Arrested

San Antonio Criminal Defense Attorney — Tue, 30 Nov 2010 17:35:00 GMT

It is incredibly easy to forget yourself when you are in as stressful of a situation as being arrested. Remembering a few tips, however, could end up saving your freedom.

1. Do not struggle, run, or otherwise disobey police officers. Even if you are completely innocent, resisting arrest is a crime in and of itself. Always remember that there is a time and place to fight your arrest, and that is in court with the assistance of a skilled San Antonio criminal defense attorney.

2. Exercise your right to remain silent! The arresting officer may ask you questions, but you do not have to answer other than basic identifying information. Do not talk to other prisoners or in the back of the cop car. Do not incriminate yourself or admit anything while on the phone.

3. Ask for an attorney. When you state your right to have an attorney present, the police are required to stop questioning you until your lawyer is with you.

Contact a San Antonio Criminal Defense Lawyer.

Why Field Sobriety Tests Aren't Always Accurate

San Antonio Criminal Defense Attorney — Thu, 25 Nov 2010 17:10:00 GMT

When you under suspicion for driving while intoxicated and you are asked to perform a field sobriety test, you may not know that there are certain factors that can drastically reduce their accuracy.

For example, with the horizontal gaze nystagmus test, there are many reasons that your eye may jerk, such as if you are fatigued, if you have a tumor or if you have had a stroke.

If you are asked to "walk and turn," you should be aware that the test is much more inaccurate if you are ill, if you are elderly, if you have a disability, if you are more than 50 pounds overweight, and for other reasons. The "one leg stand" is less accurate for the same reasons.

Overall, it is good to remember that there may be other plausible reasons why you failed the field sobriety test or why the officer thought you appeared intoxicated.

Contact San Antonio Criminal Defense Attorney Tylden Shaeffer to fight the charges you are facing.

Exonerated After 18 Years, Graves Discusses Life After Prison

San Antonio Criminal Defense Attorney — Sat, 20 Nov 2010 18:20:00 GMT

Anthony Graves spent 18 years - 12 of them on death row - for a crime he didn't commit. He was convicted of the murder of a Sommerville family in 1992. Now, prosecutioners blame the former district Attorney, claiming that he caused the conviction without having sufficient proof. They allege that he intimidated witnesses and manufactured some of the evidence that "proved" Graves culpable. He was convicted of capital murder and sentenced to death row.

Graves had been awaiting a retrial for 4 years. Finally, with the help of those who kept pushing to reinvestigate his case, he was exonerated. The actual killer, Robert Carter, was executed in 2000, after recanting his statement that Graves was his partner in the crime.

Graves, who has shown remarkable strength throughout his whole ordeal, is planning on helping others who are unjustly caught in the system.

Contact San Antonio Criminal Defense Lawyer Tylden Shaeffer.

3 Common Field Sobriety Tests

San Antonio Criminal Defense Lawyer — Mon, 15 Nov 2010 17:45:00 GMT

When you are pulled over by a cop, you normally do not expect to have to get out of your car and perform a series of tasks for his or her judgment. Clearly already creating stress for the driver, field sobriety tests can be highly subjective. Your San Antonio criminal defense attorney will investigate whether correct procedure was followed or whether there was a false "positive" for driving while intoxicated (DWI).

The three most common types of field sobriety tests are:

1. Horizontal Gaze Nystagmus Test - The officer will ask you to look at an object and then follow it with your eyes. He or she will be judging whether your eyes involuntarily jerk or not. If they do, it is taken as evidence that you are intoxicated.

2. Walk and Turn - The officer will ask you to take a certain number of steps in a straight line, turn, and walk the same number of steps back. He or she will be looking for signs of intoxication such as wobbling, taking the wrong number of steps, or failing to walk in a straight line.

3. One Leg Stand - The officer will ask you to stand on one leg and to life the other leg about 6 inches off the ground. He or she will note whether you fall, put your foot down, or fail to follow instructions.

Check back for "Why Field Sobriety Tests Aren't Always Accurate."

Contact a San Antonio Criminal Defense Lawyer at the firm today!

Undercover FBI Work Leads to Child Pornography Distribution Arrest

San Antonio Criminal Defense Attorney — Wed, 10 Nov 2010 18:55:00 GMT

An undercover FBI agent who was investigating child pornography and its distribution found evidence that a local San Antonio man is guilty of distributing child pornography.

47 year old Gary Allen Alcom has been arrested and charged with distribution of child pornography. He was a user of a peer-to-peer network on which the FBI agent found him. The file names were similar to ones the agency knew to be child pornography provider. When they traced the IP address, they found Teeler Industrial Tire, where Alcom was. He was allegedly online while they were conducting the operation.

Child pornography is a federal felony. Distribution has a maximum sentence of 15 years in a federal prison.

Have you been accused of a crime? Tylden Shaeffer provides experienced, aggressive representation. Contact a San Antonio Criminal Defense Attorney today.

Uncle Charged with Murder of Nephew

San Antonio Criminal Defense Lawyer — Fri, 05 Nov 2010 17:25:00 GMT

44 year old José Jesus Contreras Monreal was charged with the murder of José Gonzalez in 2008. He is now on trial for the crime, which now relies mainly on witness testimonies, many of which have changed. The prosecution alleges Gonzalez was defenseless and begging for his life. The defense team says otherwise.

Gonzalez, who went by Joey, was 24 and visiting his uncle and aunt. According to reports, it was not uncommon for Gonzalez to visit and then get into an argument. Their arguments were often caused by alcohol and cocaine binges, and this time it was over the disrespectful showing of a photo.

Monreal's defense attorney does not deny that the two got into an argument over a family photo and that he shot his nephew. They claim, however, that Monreal shot Gonzalez out of self defense. He said the 360 pound man, who had only a few months earlier kicked in the door on their mobile home, had become violent and he feared for his life. It was not until Monreal was hit in the head with a beer bottle that he shot Gonzalez.

If he is convicted, Gonzalez could spend the rest of his life in prison.

Accused of a crime? Contact San Antonio Criminal Defense Lawyer Tylden Shaeffer today!

Infant Killed by Stepfather During World Cup

San Antonio Criminal Defense Attorney — Fri, 16 Jul 2010 23:35:00 GMT

Police have arrested a man from McAllen on a homicide charge. He allegedly beat his 2 year old step-daughter to death because she was crying during the World Cup match between the U.S. and Ghana.

28 year old Hector Castro has not yet been formally charged, but police say that it will likely be for capital murder. In Texas, capital murder is the only crime which can result in the death penalty. Castro is an illegal immigrant and as such it is unlikely that he will be able to be sentenced to death row.

The police report states that the infant girl was covered in bruises and cuts and suffered several broken ribs that indicate severe abuse. It also appears as if a screw was pushed down her throat posthumously, likely an effort to make her death appear accidental. Young children are known to put items in their mouths and then accidentally choke to death. The girl died of a combination of suffocation and her injuries.

If you have been charged with murder or child abuse, it is important that you retain experienced legal representation. Contact a San Antonio Criminal Defense Attorney as soon as possible.

Mother Charged with Capital Murder of Infant Daughter

San Antonio Criminal Defense Attorney — Fri, 09 Jul 2010 21:40:00 GMT

A local Bexar woman is being held for the murder of her 11 month old daughter. The suspect, 25 year old Silver Starr Hernandez, is charged with capital murder and, if convicted, could face the death penalty.

The infant, Faith Escamilla, showed signs of suffocation as well as injuries that indicated abuse.

Faith was Hernandez's third child; the other two had previously been removed from her home by child protective services. Hernandez ceased to visit her elder children and lost her parental rights over them.

At the time of Faith's death, she was being monitered by child protective services again because she had missed multiple doctors appointments for Faith, who had a seizure disorder and was at risk for cerebral palsy. The child protective service agent, however, has stated that during her visits, Hernandez seemed fit to care for her child and her behavior was improving. The caseworker claims that the event was impossible to predict and that she had not observed any previous signs of abuse.

Hernandez has been on probation since 2008, when she was involved in an organized theft crime that ended in the homocide of Allan Kowalski.

If you have been charged with child abuse or murder, it is imperative that you contact a San Antonio Criminal Defense Attorney as soon as possible.

"No Refusal" for July 4th Weekend

San Antonio Criminal Defense Attorney — Fri, 02 Jul 2010 23:14:00 GMT

Counties all over Texas are participating in a "No Refusal" initiative that is meant to decrease drunk driving and DWI related accidents.

While the No Refusal policy is in effect, any individual who is suspected of DWI or DUI cannot avoid a charge by refusing to take a breathalyzer test. If an individual refuses, an immediate blood warrant will be issued and law enforcement has the right to take a blood test to determine blood alcohol content (BAC).

The legal BAC limit in Texas is .08%. The last time a No Refusal intiative was instituted, 120 people were given blood tests under the No Refusal initiative. Their average BAC was .16%.

The No Refusal law begins in Bexar at 5:00 p.m. on Friday, July 2nd, and continues through the holiday weekend. In addition to the blood warrants, there will be increased DWI patrol officers throughout San Antonio and Bexar County.

If you have been arrested for DWI in Texas, your rights and your license are at risk. It is necessary to contact a San Antonio Criminal Defense Attorney immediately.

How the Internet Has Changed the Rules Regarding Your Criminal History

San Antonio Criminal Defense Attorney — Wed, 30 Jun 2010 17:38:00 GMT

So, you were accused of a crime, placed on probation without conviction and are now free of state supervision. What may not been very sound legal advice years ago may not be the case today. Previously undiscoverable criminal histories are now haunting people many years later. You may find that your current employer of many years is suddenly asking you questions about a matter from which you had long since moved on.

It is common knowledge that a conviction means a permanent record of your offense available to both law enforcement and anyone else interested in your background-including potential employers and bank loan officers. However, most of us are unaware that a dismissed case also remains on your record-and can be reviewed by all. You may have long since moved on from your case and forgotten it; but this does not necessarily eliminate the prejudice that so often arises from discovery of your record. Indeed, even individuals falsely accused who received dismissals or acquittals still have a record.

In the past, it was often the case that your criminal record was difficult to fully obtain. Fundamentally, this had to do with the realities of the pre-internet world. Employers and schools were less likely find a dismissed case. Many times they only searched for final convictions.

The world has changed, however. With the advent of the internet, information is cheap and easy to obtain. The ability to search, archive, and cross-reference throughout vast networks has given rise to what many see as a loss in personal privacy. Whatever one's opinion, the reality remains; your history is available to all who care to pursue it; whether your case was dismissed or not.

However, all is not lost-there is in fact more than one way that your criminal history can be either sealed or erased (expunged) altogether. It is important to understand the various possibilities for this, their differences, and their efficacy.

The ideal situation, of course, is a complete erasure of one's record. Under Texas law, this is known as an expunction. A successful expunction would mean not only that no one could see evidence of your criminal case, but that it in fact no longer exists. This area of law is codified at the following link:

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.55.htm

Clearly, expunction is no simple matter. Reading statutory law is not easy and requires an experienced practitioner to interpret it. In order to expunge, a number of requirements must be satisfied.

Sometimes, expunction is not possible. However, there are several other ways to seek relief. One of these is known as a "petition for non-disclosure", or "sealing" of records. This petition functions much like an expunction, but it does not clear your record. Moreover, many governmental licensing boards (e.g. State Bar Association, Board of Education, Nursing Board, etc.) are exempted from this statute-meaning they may still review your case information. While this avenue of relief is fraught with exceptions and short-comings, it can still function perfectly well for a variety of job and career paths. Click the following link and scroll down to 'SUBCHAPTER F. CRIMINAL HISTORY RECORD INFORMATION' to see the pertinent statute:

http://law.justia.com/texas/codes/gv/004.00.000411.00.html

(This is a very long statute. Please scroll to § 411.081. APPLICATION OF SUBCHAPTER, which is the pertinent part of the statute, as well as its subsequent sections dealing with its application and the exceptions thereto.)

After reviewing that statute, you may want to browse through the subsequent sections, which further explain and narrow this law's applicability.

Where neither expunction nor non-disclosure in some circumstances is possible, there remains yet another option. This is the Section 11.072: Post Conviction Relief. This statute is a codification of the common law post-conviction writ of habeas corpus. To file this writ is to seek extraordinary relief from a final conviction. Rarely is this exercised and even more rarely is it granted. Nevertheless, given the right facts and circumstances surrounding your case, such relief could be available to you. To see the statute on the subject, click the following link:

http://law.justia.com/texas/codes/cr/001.00.000011.00.html

Each of these means of cleaning up your record requires different circumstances and case dispositions. You should avail yourself of the advice of an experienced practitioner who can help guide you through this statutory landscape.

Contact a San Antonio Criminal Defense Attorney to learn more.

Expanded Power: School Searches & Seizures

San Antonio Criminal Attorney — Wed, 23 Jun 2010 19:30:00 GMT

As a parent you need to know about the ever expanding right of schools to conduct searches and seizures. In some cases, a police officer employed by the school district may search your child even if such a search would be illegal if done outside of the school arena.

Everybody knows from TV that the police must generally have a warrant to search your home or a lawfully based reason to search your person; but few are aware of the exceptions to these practices. This is particularly true with school searches. In fact, there are situations where a student does not have the same right to privacy that so many of us take for granted.

As time goes on our children grow up quicker and quicker. Despite the possible benefit of quicker maturation that goes along with this reality, there is also cause for concern. Each day when we send our kids to school we place our faith in the educational system's role as caretaker. Often referred to as In Loco Parentis, schools exercise many of the same rights over their students as the parent or guardian they go home to. In fulfilling this obligation, school safety and discipline are clearly of paramount importance; and it is the school administrators who enforce these valued concerns and standards of behavior.

Most often these responsibilities are carried out by your school's administration. Which brings us back to our topic of how it applies to your children: while they are at school, are their rights the same as yours or mine out in the general public? The answer is "no!" A student's expectation of privacy is less than that which we all enjoy under the U.S. and Texas Constitutions.

While normally your child does indeed have those same protections as you or I, this is not necessarily so in school. The U.S. Supreme Court has determined that because of a heightened concern for the wellbeing of schoolchildren, those assumed protections are diminished for students while on school property. Rationales for this include the potential for violence (shown by nationally known tragedies, such as Columbine) and drug distribution-an all too frequent issue throughout educational institutions.

The primary cases involved in this area are New Jersey v. T.L.O., 469 U.S. 325, 327, 105 S.CT 733, 735, 83 L.Ed.2d 720 (1985) and Coronado v. State 835 S.W.2d 636 (Tex.Crim.App-1992). The Coronado Court applied the New Jersey v. T.L.O. standard to Texas school searches. The Texas Court of Criminal Appeals in Coronado explained:

[t]he [U.S.] Supreme Court [in New Jersey v. T.L.O.] established a two prong test to determine the reasonableness of the search. First, a court must determine whether the search was justified at its inception. A search of a student by a teacher or school official is justified at its inception when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated, or is violating, either the law or the rules of the school. Second, a court must determine whether the search, as actually conducted, was reasonably related in scope to the circumstances which justified the interference in the first place. A search is permissible in its scope when the measures adopted and used are reasonably related to the objectives of the search and are not excessively intrusive in light of the age and sex of the student and the nature of the infraction.

This two prong test lowers the bar for school administrators. The courts afford them more latitude when justifying a school search.

Since the Coronado decision, Texas schools have taken full advantage of this greater power to search students and their lockers. Indeed, under more recent case law, even police officers employed by the school district may search students under this more expansive search and seizure law as long as they are acting at the request of school officials or carried out school-mandated policies. Other newer appellate decisions have even authorized the uniform search of all students upon their arrival to school-regardless of whether a student is suspected of any misbehavior.

When there is a reasonably based suspicion that criminal behavior is afoot, school administrators may take action that includes nonconsensual search and seizure. This is a lower standard than what we as adults outside of school enjoy. While they are not given carte blanche to invade someone's physical privacy, schools are given far more latitude than traditional law enforcement officers acting on their own. If the efforts carried out by administrators do not exceed the basis for their investigation, then it is likely to be allowed.

Courts have also relied heavily on the rights tacitly given away when your child (and perhaps you) hurriedly signed his or her copy of the school's student handbook. Much of what is written in that booklet was purposely placed there by the school district's attorneys. You may want to review that handbook to help underscore the importance of your child behaving at school.

As simple as such a legal precedent sounds, add a few facts and the issue soon becomes murky. For example, what if an administrator directs an on-campus police officer to do a search on a student, or vise versa?

Normally, when an investigation is requested by an administrator, and the police officer is assigned to that school, the officer is considered to be an extension of the administration and all of the powers that that comes with. On the other hand, when a police officer instructs an administrator to carry out an investigation of a student's person or belongings the legality is more questionable. Indeed, if an officer, conducting an independent inquiry on school grounds fails to recognize rights that are normally respected, any evidence seized might be thrown out of court.

All of this serves to highlight the importance of understanding what your school's administration can or cannot do with your child. It is important to talk to an experienced San Antonio Criminal Defense Attorney who is familiar with these types of cases.

Supremes Review Anti Corruption Statute

Tylden Shaeffer — Mon, 21 Jun 2010 16:26:00 GMT

With a ruling on the way any day now, the contours of federal white collar crime law may soon shift. At issue is a portion of 18 U.S.C. §1346, the 'honest-services fraud;' this particular section of the federal mail and wire fraud law broadly defines to what acts the law may be applied. Apparently, it is almost anything.

Currently, the legal definition of the phrase "scheme of artifice to defraud" includes any act that "deprives another of the intangible right of honest services." Dubious as it may sound, this language has become a tool for federal prosecutors in securing otherwise difficult convictions.

The statute has been met with heavy criticism and litigation due to its overly broad application. Most recently, the Supreme Court entertained oral arguments regarding the validity of the law with what seemed to be mostly sympathetic ears. Appellate counsel for the defense argued that §1346 was impossibly vague. The Suprem Court Justices' questioning and remarks during the hearing demonstrated their own skepticism over this statute's constitutionality.

From a layman's perspective this statute presents a number of problems. For instance, what does "deprivation of honest services" mean? Does an unauthorized additional minute of break time for a government employee mean he or she has violated a federal criminal statute punishable by prison time? Does reading the sports pages at one's desk at work mean one should face indictment for a felony? What about logging onto Facebook or answering personal emails and text messages at work? While all of these practices may be frowned upon by one's employer, should they be criminalized?

Of note, the Supreme Court previously struck down an earlier version of this very statute in the late 1980's because of its vagueness. Ultimately, the law and its use by prosecutor's violates a foundamental principle of fairness-as three of the justices proclaimed "the public must be able to understand what a criminal law means." The general public must have some basic understanding or meaningful notice that one's conduct violates a criminal statute.

Because of its overbreadth and vagueness, one hopes that this law will be invalidated. While it is undoubtedly important and justified to regulate and police abuse of the public's trust, the Court's review of this matter will hopefully correct a law susceptible to abuse by overly zealous prosecutors. There are numerous statutes on the books already that can be used to confront official corruption.

Tylden Shaeffer is a San Antonio criminal defense attorney. For more information about Mr. Shaeffer's experience and services, please click here to contact his office today!