“Dr. Martin Luther King Jr.
Justice denied anywhere, diminishes justice everywhere.
Committing a criminal act is a serious offense. Even though we acknowledge the severity of the crime, many individuals continue to perform such acts. Why do people continue to do so? Well, the answer is not so simple.
Human beings are complex individuals. Human beings cannot be categorized as inherently moral or immoral, good or bad. Sometimes, there are a series of events that occur that lead people to make certain mistakes. Making mistakes as humans beings are simply part of their nature, and for some, there will be mistakes made that will cost them greatly. Some people even make mistakes that make others experience the consequences.
Committing a crime does not necessarily make someone a bad person. Crimes are mostly committed because of an individual's unfortunate circumstance. In many cases, these circumstances are outside the individual's control.
As a society, we tend to see individuals who committed criminal acts as naturally bad people. Yes, there are persons that intentionally create harm to others, but we tend to only hear their stories. We need to understand the cases of persons that did crimes for other reasons. We need to hear and understand their complex stories as well. They also have the right to seek justice. In many cases, there are individuals who are accused of crimes who are truly are innocent of every criminal charge that is presented to them.
If you believe you are being accused of a crime that you have not committed or committed certain criminal acts based on dire conditions, don't hesitate in contacting our law firm.
Below are some of the state or federal level criminal related offenses that we are able to represent clients for:
Many individuals who have committed crimes never imagined themselves in such position. We can agree that almost everyone does not think that they will commit such acts. Even though this way of thinking is shared universally, life can have other plans. Life can give us many trials and tribulations, and some of those can negatively impact our lives. They have the ability to change the course of our lives in drastic ways. Even when individuals commit such acts, they have the right to have their voices heard, they have the right to have their case presented in a manner that is just. The Law Office of Yates and Associates believes that every person, no matter the criminal charge that was brought against him or her, has the right to seek the best legal counsel that will represent them with integrity and commitment. If you were charged with a crime related offense, our mission will be to seek the justice you rightfully deserve.
If you are in need of someone to guide you, to advise you, to defend your right before the Texas State or Federal criminal justice system, contact our offices to initiate your journey to justice.
Theft or Property Offenses
According to the Texas Penal Code, Sec. 31.03., theft is defined as an individual who unlawfully appropriates property with intent to deprive the owner of such property. The most significant aspect of any theft offense is the intent behind the act of withholding property. If intent was proven, then are many consequences that can happen to the defendant. To provide a more clear picture, let us provide you with a scenario that might help you understand intent better: There are a lot of things going on in your life, perhaps a divorce, perhaps there are issues at work, or there has been disputes with your parents. You decide to go to the mall and in order to distract yourself from the issues that are occurring in life. You decide to try on clothes and pick the best outfit that works for you, but you decide not buy the materials. Because your head is clouded with the issues that are occurring in life, you don't realize that there was a clothing item in your bag. Employees are alerted by this and, unfortunately, you are faced with an unfortunate situation, a possible shoplifting case can be summoned against you.
Having proof that you perhaps did not commit such theft offenses is essential in order to have a successful judgment. There are certain effective mechanisms in order to prove you have not committed theft. There are also ways of examining a case and if incongruences are found in the prosecution, this will possibly change the outcome of your case to your favor.
Below are some of the Theft/Property offenses that the Law Office of Yates and Associates addresses:
Petty Theft: Petty theft is usually defined as the theft of property that has a lower value than other forms of property. The value of such property can be defined by how much such property is worth in dollar amounts.
Shoplifting: This type of theft is perhaps one of the most known forms of theft. Shoplifting is defined by taking property from a shop, or other establishments that sell goods, in a concealed manner. There are many defendants that have taken property without intent. Make sure you contact an effective attorney that will prove that your intent to take items was not done in a malicious manner.
Burglary: Burglary is defined as entering a property with the intent to take the property or inflict harm on another person or property. There are certain instances where simply entering a property by accident can constitute as burglary.
Robbery: Robbery is defined by the attempt of taking property from a victim by force and intimidation.
Identity Theft: This is the act of a person taking the personal information, such as a social security number, in order to obtain financial gains.
The punishment for certain theft offenses can vary. The least severe offense can be classified as a Class C misdemeanor, where fines can reach only up to $500 with no jail time, and the most severe offense, generally speaking, and depending on the circumstances, can be classified as a first degree felony where a fine of up to $10,000 can be established and 5 to 99 years in prison. As you can see, being faced with a theft crime is a serious matter.
DWI & Alcohol-Related Offenses
You are an exceptional employee. You work very hard, every single day to show how competent you are in your place of employment. Your supervisors have noticed your dedication and drive to succeed in your duties; therefore you were given something that you have a yearning for so many years. A job promotion. You decide to celebrate your job promotion with a couple of drinks at your favorite bar. You choose to spend time with your friends in this establishment, and you simply have a wonderful time. You decided to consume some more drinks. Time passes by, and you determine that it is time to go home. You feel fine, and you don’t feel as though you need to get a taxi or an Uber. You decide to drive back home. On the way home, you see a police car signaling you to make a stop. The police officer approaches your vehicle. He signals you to pull down your window, and then he perhaps says the following: "Have you been drinking?" His suspicions are ultimately answered with a breathalyzer test, and of course, you were classified as an individual unfit to drive because of your alcohol content.
The state’s (Texas) alcohol consumption limits are the following:
- The alcohol consumption limit for an individual that is 21 years of age or older is 0.08%
- The alcohol consumption limit for commercial drivers is 0.04%
- Any amount of alcohol detected for an individual that is younger than 21 years of age is not tolerable by law.
Events like the ones mentioned occur all the time. Below is some brief information regarding DWI and alcohol-related offenses, and see some of the consequences that can occur if faced with such charges.
First DWI Offense: The punishment for a first offense may include a fine up to $2,000, jail time that does not exceed 180 days, license suspension, and DWI related education program.
Second DWI Offense: The punishment for a second offense may include a fine up to $4,000, jail time that does not exceed one year, license suspension for two years and DWI related education program.
Third DWI Offense: The punishment for a third offense may include a fine up that can go up to $10,000, prison time for up to that does not exceed ten years, license suspension for two years and a DWI related education program
Intoxication Assault: Intoxication assault is defined by an individual causing significant physical harm to an individual that can create permanent damage and disfigurement. Intoxication assault is a 3rd-degree felony that is punishable by up to 2 to 10 years in prison and/or $10,000 in fines.
Intoxication Manslaughter: Intoxication manslaughter is defined by an individual causing the death of another individual through the use of a vehicle while intoxicated. Intoxication manslaughter is a 2nd-degree felony that is punishable by up to 2 to 20 years in prison and/or $10,000 in fines
Other Alcohol-related offenses include public intoxication, open container, and minors who have possession of alcohol.
Driving under the influence can have serious consequences for yourself, and it can affect the lives of other individuals. If you are facing significant difficulties because you are facing DWI charges or any other alcohol-related charges, contact the Law Office of Yates and Associates in order help you get the best results for your DWI concerns.
We believe that violent crimes take place because of an underlying factor. The underlying factor is what the individual has gone through that made the person commit such crimes. Psychologists and other social science professionals can sometimes pinpoint the reason as to why individuals commit such crimes, and that is due to a deficiency in the individual’s psyche. Perhaps the person has gone through many difficulties in life that molded them into the person they are. Maybe the traumas that the individuals experienced created personality changes that influence many aspects of themselves, such as morality, empathy, compassion, and other essential factors. Another reason individuals commit such crimes can ultimately be in a moment of anger, disillusionment, deception. These particular things made the thought process of the individual sequentially clouded. These reasons are perhaps the most viable ways to reduce the severity of the crime related punishment. We are confident that we can agree that even though these are considered legitimate reasons to create a viable defense for the defendant in the court of law, it is not the most efficient way to bring out certain emotions through crime.
Below are some of the forms of violent crimes that the Law Office of Yates and Associates can manage in a court of law:
Sexual Assault: Sexual assault is the act of the individual who has forcefully engaged another individual into sexually related acts without consent. Sexual assault is traditionally a 2nd-degree felony that is punishable up to 2 to 20 years in prison and/or $10,000 in fines.
Aggravated Kidnapping: Aggravated kidnapping is defined taking an individual by force. A kidnapping charge can turn into an aggravated kidnapping offense if other elements take place, such as a ransom or inflict bodily harm on the victim. Aggravated kidnapping is a 1st-degree felony punishable by 5 to 99 years in prison and/or $10,000 in fines.
Domestic Violence: Domestic violence is traditionally defined as aggressive behavior that leads to bodily injury against a spouse, partner, or another family member. Domestic violence is a 1st-degree felony that is punishable by 5 to 99 years in prison and/or $10,000 in fines.
Murder: Murder is defined by the premeditated killing of another person. It is one of the most severe and dangerous crimes an individual can commit. Murder in the 2nd Degree (Felony) can be punishable up to 2 to 20 years in prison and/or $10,000 in fines.
Capital Murder: Capital murder is not only the illegal premeditated killing of another person, but also the charge is brought in most cases if another act is committed, such sexual assault, kidnapping, multiple murders, amongst other crimes. Capital murder can be punishable by life in prison without parole, and even death.
Manslaughter: The illegal killing of another person that was not premeditated. Manslaughter is a 2nd-degree felony that is punishable up to 2 to 20 years in prison and/or $10,000 in fines.
Being faced with such charges can be a tremendous ordeal for a defendant. You must immediately contact a proficient and trustworthy attorney that can manage your case with exceptional ability to receive a fair judgment.
Criminal Defense for Immigrants
As you may understand any criminal offense can bring serious consequences to a person; and this is undoubtedly the case for an undocumented individual. Unfortunately, in the eyes of society, the sole fact that you or a loved is an immigrant automatically makes you vulnerable. Many people see immigrants a group people whose only reason to be in the United States is to inflict harm on others. We know that this is an inaccurate account. Many immigrants tend to be afraid of other people's perceptions, so they police themselves through various mechanisms. One of the ways they do so is through changing the way they behave and interact with others, to seem less of a threat. This is a defense mechanism that many immigrants have adopted. Sometimes though, this behavior can backfire.
Immigrants and non-immigrant/documented individuals are not different from the rest. Immigrants are humans that are capable of creating significant mistakes just like others. We believe access to proper representation should be granted to all individuals regardless of immigration status. If you are undocumented and if you have been accused of committing a crime, you should be certain that you are just as deserving to receive legal counsel like every other person. It is a right that every inhabitant of the United States has, no matter your status.
Below are some of the criminal offenses that we can defend for undocumented individuals
- Aggravated Assault
- Drug Trafficking
- Drug Possession
- Domestic Violence
- False Documentation
The crimes stated above are punishable by a significant amount of time in prison, severe fines, and most of all, because you or a loved one is undocumented, they can be subject to removal proceedings, also known as deportation. If you are facing criminal charges, you have a right to seek legal advice. Not having a particular status should not be a reason as to why you should not seek justice. We treat our clients equally regardless of immigration status. Contact the Law Office of Yates and Associates to speak with us regarding your case.
The experiences that youth go through during their development can create many emotions. The factors that can perhaps influence a child emotionally can be explained through issues at home, school, or any environment that creates a negative influence. Issues arise from being victims of physical and verbal harassment in a school setting, being victims of abuse at the home, as well having medical conditions. All of these factors can create emotions, which in turn create behaviors that can harm the child in more ways than one. They can internalize feelings and become isolated. In many cases, children can express negative emotions by inflicting harm on others, which include their loved ones, such as a parent or a sibling. They can also inflict harm on classmates because of underlying issues that are occurring within the child. These are warning signs that perhaps a child may be heading to a path that will bring consequences. These influences that create such emotional harm to children can explain as to why they are led to criminality. If you are the parent or legal guardian of a child that is in a position where he/she has committed a criminal act, you will need to obtain legal aid that will benefit the child’s well being.
Fortunately, the Texas juvenile system, also known as the Texas Juvenile Justice Department, was established to create a path of rehabilitation to create positive change in a child’s life. Rehabilitation is certainly the best outcome that can be obtained for the child’s and its relatives. The most extreme outcome is if your child is transferred from juvenile court to an adult court, which as a process known as certification or transfer.
Remember, a child is afforded the same rights an adult when being faced with legal troubles such as an arrest. Their rights include the following:
- The child has the right to have his Miranda Rights read
- The right to remain silent
- The right to an attorney
- The right to have parents informed about an arrest
- Know the charges that have been given to a child
- Have a lawyer with a child when signing documents, such as statements or agreements.
- The right to be able to receive defense against self-incrimination
- The child has a right to a jury trial
One of the most essential reasons as to why the Texas Juvenile Justice Department system was established is to protect and guide youth to a better path in life. Because of their youth, a child still has the opportunity to change their life for the better. Let the Law Office of Yates and Associates give you the best options for your child, if he or she is faced with criminal charges, you will need attorneys that will be able to navigate the complex Texas juvenile system. We will fight for your child, so you can focus on protecting and uplifting your child. Contact us in order to speak with you about the case of your child or a child that is under your care.
You are perhaps familiar with the job application process, or the process of renting an apartment or taking out a mortgage. You understand that these procedures can sometimes be time-consuming and tedious, but most of all, they can become stressful. You are perhaps stressed at the fact that you can’t find a job after the countless applications submitted, you can’t find the perfect apartment, or simply you couldn't qualify for a certain loan. This can take an emotional toll on anyone. Imagine if you had a criminal record. All of these activities that most people may take for granted, may become increasingly overwhelming obstacles to many individuals with records. When someone sees a question if they have been charged or convicted of an offense on a job application, it is a sign of defeat. When a landlord states that they will perform a background check, an individual trying to obtain a home feels defeated. Perhaps someone wanted a loan but knew that they wouldn't be able to receive such financial benefit because of their past. This is a reality for many people, and perhaps, this might be your reality. The state of Texas permits an individual to have a conviction, an arrest, or a charge permanently removed from their record through the process known as expungement.
Below are some of the requirements needed for a person to receive an expungement:
- You were arrested for a crime but you were never charged.
- A criminal charge placed on your record that was later dismissed.
- You were charged, convicted or arrested on the basis of identity theft, but the person who actually committed such acts was brought to justice.
- You were acquitted by a trial court or the Criminal Court of Appeals.
- You were convicted of a crime but were pardoned by the Governor of Texas or the President of the United States.
You deserve peace of mind. You should be able to have a job, obtain a home, receive financial benefits. Having a record should not stop any individual live a decent life. You should be provided the same opportunities as anyone else. You should not feel trapped because of your past. If you believe that an offense that you’ve received is stopping you from leading a productive life, contact the Law Office of Yates and Associates, so we can discuss your case and help you get back the opportunities that were eliminated because of your previous errors.