Sylestine Law PLLC FindLaw IM Template 2025-03-31T13:50:15Z https://www.sylestinelaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1603586/2022/03/cropped-favicon-sylestine512-32x32.png On Behalf of Sylestine Law PLLC <![CDATA[Is that sexual text or DM a violation of Texas laws?]]> https://www.sylestinelaw.com/?p=46490 2022-10-03T05:50:15Z 2022-04-04T01:45:55Z Texas penalizes sending unsolicited lewd images Sending someone lewd images or videos without their consent is much like the in-person offense of flashing. Just like a person victimized by a flasher in a public park could go to the police, so too can those who receive unsolicited pictures of other people's genitals on social media platforms or dating apps in Texas. The penalties include up to $500 in fines for the person sending the unsolicited image. While the consequences may not be as serious as they would be for an act of in-person flashing, they can still leave you with a criminal record. If there is another person in the image or photo, there could be several other laws that apply, including the law prohibiting the non-consensual distribution of someone's private images. As with in-person interactions, asking first and obtaining consent can be the difference between a positive online interaction and one that results in a visit to the police station. Understanding what behaviors may constitute sex crimes in Texas can help you avoid accidentally breaking the law.]]> On Behalf of Sylestine Law PLLC <![CDATA[Is it legal for the police to make you walk the line?]]> https://www.sylestinelaw.com/?p=46471 2022-10-03T05:49:29Z 2022-03-18T21:24:35Z You can refuse to do a field sobriety test If you do not feel like doing the tests, then say so, but make sure you do it in a calm, polite manner. A court cannot penalize you for refusing, although a prosecutor might try to persuade the judge you said not because you had something to hide. If you perform poorly in these tests, the police and prosecution may try to say it proves you were drunk. Yet, balancing on one leg can be challenging even when stone-cold sober. Medical conditions, nerves and other factors can all affect performance in the tests too.

What about Breathalyzer tests?

You do not have much choice here. Texas works on the model of “implied consent.” When you take charge of a motor vehicle, you do so on the condition that you agree to blood or breath testing should the police request it. If you refuse, the police can get a warrant to take a blood sample. Refusing will also gain you an automatic 180-day license suspension. Again, prosecutors may try to use your noncompliance against you in court. You can, however, challenge any testing after the event. Seek legal assistance to understand how doing so could protect your license.]]> On Behalf of Sylestine Law PLLC <![CDATA[3 kinds of evidence that might be used in your defense]]> https://www.sylestinelaw.com/?p=46088 2022-10-03T05:48:44Z 2022-03-07T20:07:03Z Nothing can be unsettling like facing a serious criminal charge – and you cannot count on actual innocence to protect you. With your freedom and reputation on the line, it is in your best interest that you aim for an aggressive defense. In any criminal case, the evidence that’s brought in can really affect the outcome of your case. Here are three types of evidence that might be worth exploring:

Genetic testing

If you’re accused of a crime that required contact with the victim, a DNA test might help your case. DNA evidence is not perfect, but the lack of your genetic material on a victim’s body or clothing can help point to your innocence and make a compelling argument for an acquittal.

CCTV footage

These days, pretty much every premise has some form of surveillance coverage, and it’s entirely possible the police weren’t as thorough as they should have been when collecting those videos. If there is surveillance footage placing you at a different location when the crime in question is said to have occurred, then this may be introduced in court in your defense.

Witness testimony

Witness testimony can play heavily into a trial. If there are witnesses who can place you at an entirely different location or who can attest that you weren’t involved in whatever happened, their testimony may sway the jury in your favor. When you’ve been charged with a serious offense, you don’t want to attempt to handle the situation on your own. Obtaining evidence that points to your innocence is just one of the defense options you can explore as you look at the strengths and weaknesses of the prosecution’s case.   ]]> On Behalf of Sylestine Law PLLC <![CDATA[What constitutes self-defense in a physical fight in Texas?]]> https://www.sylestinelaw.com/?p=46074 2022-10-03T05:47:54Z 2022-02-21T15:33:59Z It is against the law to intentionally harm someone else. Those who strike another person may find themselves facing assault charges. In at least some of those cases, the person accused of assault did not commit a crime because they acted in self-defense. Self-defense claims are popular by those facing allegations of a violent offense, like assault. When does an act of physical violence constitute self-defense and not assault in Texas?

When you act to protect yourself, your property and others

Texas law allows you to use physical force to protect yourself from imminent threats. You can also use physical force to protect other people from someone threatening them. If someone attempts to rob you or breaks into your home, your attempts to protect your property may also constitute self-defense. In any of these three situations, you could potentially claim self-defense if the police arrest you. However, there are limitations to such claims.

When you instigated the altercation

You don't necessarily have to wait for someone to hit you first before taking action, but you do need to have a credible fear for your safety or the safety of others. If the other party can prove that you instigated the altercation or hit them first when they posed no threat to you, you will have a hard time proving that you acted in self-defense. Still, if you intervened to stop a fight or only reacted to prevent someone from hurting you or another person, then your claims of self-defense could help you avoid an assault conviction. Learning more about the laws in Texas can help you defend against pending criminal charges.    ]]> On Behalf of Sylestine Law PLLC <![CDATA[Concertgoers: Dehydration and alcohol don’t mix]]> https://www.sylestinelaw.com/?p=46072 2022-10-03T05:51:04Z 2022-02-18T22:16:18Z unexpected DUI charge if you try to drive home while impaired.

Alcohol continues the process of dehydration

You may have heard before that alcohol dehydrates the body, and that is true in part. Depending on the concentration of alcohol in a beverage, it is possible that the alcohol could cause you to lose more water than you’re replacing. Combine this with sweating and eating less than usual during a long concert or festival, and you create circumstances conducive to alcohol impairment. Alcohol and dehydration together cause you to appear more impaired than you would be with alcohol and good hydration. Alcohol causes you to produce more urine and go to the bathroom more often. Just 10 grams of alcohol will make you produce up to 100 mL of urine, so a standard alcoholic beverage may make your body lose around a half cup of urine. This is certainly problematic for people who aren’t drinking enough water, because dehydration can cause some of the same symptoms as impairment by alcohol. Dizziness, vomiting, nausea and strange behaviors may be linked to dehydration or intoxication, which is how you could end up facing a DUI when you really are dealing with dehydration more than anything else.

If you’re drinking and sweating, remember to have some water

While you’re at the venue, remember to mix up your drinks. If you’ll have a beer, drink a few glasses of water to go with it. Doing this will make it easier for you to stay hydrated and minimize the risk of being impaired from the heat or drinks enough to result in a DUI charge on your way home.]]>