FAQs about DWI Defense Law

DWI charges are some of the most serious when it comes to the law of the Texas roads. You almost always have to serve some kind of punishment, but when you have a dedicated lawyer by your side, you can expect to minimize the punishment. Nonetheless, it is important to understand how the law can affect you based on several factors. DWI punishments vary based on age, what exactly happened at the time of the accident, and the level of intoxication. Navigating these cases can be scary and we are here to help you get through this. We provide some FAQs regarding DWI defense to help you prepare for your case. 

Does my DWI arrest stay on my record?

Depending on the facts of your case, your punishment, and what exactly happened at the time you were pulled over and arrested, you may be able to wipe the arrest from your record. Although, this means you will have to have your license suspended and you will have to fulfill your term of punishment, with no violations, to get your arrest taken off the record. 

Do I have to do the field sobriety test?

By law, you are not required to do the field sobriety test. This test is made to test your mental and physical abilities at the same time. If you struggle with balance already, these tests can be tough. If you are confident in yourself, you can perform this test if it means being able to testify against an arrest. 

Is my license automatically suspended if I am arrested for a DWI?

Being arrest for a DWI charge does not automatically suspend your license. It can depend on the circumstances. If you do, however, refuse a blood test, you are more likely to have your license suspended because that is indicative of you being untrustworthy on the road. Sometimes your license will be suspended even if you cooperate. 

Can I get my license back if I work?

You will be required to request a restricted license, meaning the license is only for commuting to work and back home. Most of the time, a driver will receive this license quickly after their license has been suspended to make sure they can proceed with work. If you had a very high BAC, it may take a while for any license to come back into the picture. 

Does a DWI account for drugs and not just alcohol?

A DWI does account for drugs as well. The word intoxication is defined as the loss of normal use of the mental or physical faculties by reason of the introduction of alcohol, a drug, or a controlled substance in the body. Prescription drugs can also result in DWI if they are not used as prescribed. 

Can someone represent themselves in a DWI case?

People can definitely represent themselves in a case, but you are better off working with a lawyer because a lawyer almost always guarantees a lesser punishment. There’s no better method of defense than having a DWI defense lawyer in these cases. A lawyer will carefully review your case to ensure you don’t have to endure the extremities of the charge. 

What happens if this is not my first DWI?

If this is not your first DWI, regardless of how long ago it may have happened, the penalties for the second time around are usually increased. A second offense typically calls for a $4000 fine, some jail time, and a longer suspension on your driving license, which can be up to two years. The punishment will vary. 

What factors can make a DWI punishment increase?

Driving with a BAC at or above 0.15 is considered extremely dangerous, so the BAC can definitely affect your term of punishment. If you have other people in the vehicle, especially children, you could possibly face felony charges due to endangerment. If someone was injured or killed due to driving while intoxicated, serving time is almost always the punishment. 

Choose Joseph Vasquez to Represent and Protect You Through Your Case

Joseph Vasquez works nonstop for his clients. One of Joseph Vasquez’s main fields of expertise is DWI defense, so you can rest assured that he will get you the least in terms of punishment and can wipe away the charge from your record. Contact us today to get started on your case.

What to Look for in a Divorce Lawyer

Filing for divorce is a difficult process. It is even harder to know where to start, especially if you are unfamiliar with how the process works. The last thing you want to worry about is how much time and money you’re spending, just to find the right person to guide you along the way. This is why it is so important that you connect with an attorney that is best qualified for your situation and your needs. 

There are several lawyers that provide services in all sectors of the law, but finding a lawyer that specializes in family law in addition to a few other practices, is typically best. What else makes a good divorce lawyer? We discuss some considerations that will help you find the right lawyers. 

Know Your Goals 

The first thing you must consider in your search for a divorce lawyer is what exactly you want to achieve out of the divorce. Some lawyers, depending on what you’re looking for, may not be able to help you. If you have concerns regarding property and money between you and your ex-spouse, it would be best to find a lawyer that knows how to negotiate and grant you what is rightfully yours. 

Identify Potential Lawyers 

If you want to make it easier on yourself, it is best to narrow down your options. There might be several lawyers within the area you live, but this doesn’t necessarily mean that each one is just qualified. Look around, ask people, and learn more about what these lawyers have to offer. When you find potential lawyers, look at their rates, hours, and just how much they can help you. This will ultimately help you find the best attorney to work with. 

Do Your Research 

Once you’ve narrowed down potential lawyers you would be willing to work with, it’s time to do your research. While you’re at it, you might as well learn more about the process and what divorce lawyers are expected to do. You could even run a bit of a background check, just to make sure that these lawyers are who they say they are. Doing some research can help you understand more about what these lawyers have to offer. 

Stay Alert for Red Flags 

Some attorneys may tell you what you want to hear, but they might not be able to close the deal the way you were expecting. While this is a big life change for you, some lawyers only see this as a business. We know that’s not fair for you, but it can happen, so when you start to notice that a lawyer might not be pulling their weight, it’s time to check out. 

Experience and a Detailed Track Record

Enough about the red flags. What does a good lawyer have? Typically, the best divorce lawyers are those who have worked on several divorce cases. Every case is different, therefore, if you find a lawyer who has experience with divorce cases, they might be familiar with any situation. Therefore, they’ll be able to take your case with ease! Finding a good divorce lawyer means looking for experience and someone who is knowledgeable about these situations. 

Learn About the Strategies

Every lawyer works differently. Some lawyers may have similar tactics in mind, but for the most part, each lawyer has a different approach. This is something you must take note of when finding a potential divorce lawyer. Some lawyers work at interest and unique angles, work that you may have never seen before! Others might approach cases in ways that you are not so confident will work in your favor. Whatever strategies best fit your case can say a lot about who you should hire. 

The Ability to Work Under Pressure 

One of the last and most important things about a qualified divorce lawyer is being able to work under pressure. Divorce cases can intensify and if a lawyer fails to put up a fight, then that lawyer just isn’t for you. You deserve a hardworking and dedicated lawyer that will not stop to get your case settled. 

Choose The Law Offices of Joseph D. Vasquez to Help You Get Through this Tough Time 

Separating from your spouse can be a difficult process if they are not compliant, but when you have a lawyer by your side, you can rest assured that your case will be taken care of right away. Contact us today to learn more about our family law services and how we can represent you throughout your divorce.

Common Defenses Used in Criminal Cases

When a defendant is ordered to go to trial, they have to know the many ways in which they will be approached by the prosecutor and the judge. The stakes might be high for the defendant, which is why, rule number one,  it’s important to have a lawyer by your side, and rule number two, you have to come prepared. If you’ve never been tried, it’s likely that you might not know how the courtroom works. While all of this is normal, it can cost you in the end. In order to get the best result or ruling possible, it is important to understand the defenses you can use. We discuss some of the most common defenses used in criminal cases in this blog. 

Denial

Most defendants will not opt to plead guilty. Denial is used through a story that the defendant provides to prove that they were not guilty of the crime they are being charged with. Most denial stories include alibis that can back up the information that the defendant is providing. In denial stories, the defendant usually denies the entire situation itself instead of admitting to some facts or occurrences of the situation. 

Factual Events 

Sometimes, the facts can work in your favor. Not all facts of the case are a tactic that can lead you to be found guilty in court. For example, the prosecutor and the defendant can use the exact same foundation of facts and events but come up with two completely different stories. Two different approaches can either make or break your case, so it is important that you can prove what really happened. 

Unreliable Witnesses 

The prosecutor might bring witnesses in to prove their side of the story, but in this case, you can challenge these witnesses. You can tell the judge that these witnesses are not reliable or might be telling false information based on how things went down in your version of the story. Ultimately, the judge or jury gets to decide whether or not they believe the witnesses. 

Misunderstanding of Criminal Actions

There are some cases that bring defendants in that were unaware of the consequences of their actions. Sometimes, this really is the fact of the matter. More specifically, some defenses used include insanity, intoxication, and mistake of law or facts of the law. Although, these defenses typically apply in very limited circumstances, which is why you have to think your case through. 

No Real Crime Occurred 

You can challenge the court, and even more, the law, by stating that you didn’t commit any actual crime. You could say that what appeared to be a crime mistaken for something else. Defendants can use the method of abandonment or withdrawal. In this argument, the defendant would have to admit to wanting to commit the crime, but backing out before the crime could be committed. 

Self-Defense was Necessary 

This is one of the most popular forms of defense in criminal cases. Self-defense is used best in assault cases, homicide, or duress, the act of being forced to commit a crime. Defendants could also mention that defense was absolutely necessary. Prior defendants have admitted to committing a crime only to prevent the worst from happening. Although, strong sources of evidence and witnesses will help your case when using this form of defense. 

Cannot Be Proven 

One of the simplest defenses of all, sometimes the State simply cannot prove guilt beyond a reasonable doubt, and if you know how the court works, reasonable doubt is not always enough to find someone guilty of a crime. A case can be very weak, especially if they are working with little to no evidence, so the best defense might be no defense. In the end, your attorney might decide to rest the case and leave it up to the court to see what they can work with beyond reasonable doubt. 

The Presumption of Innocence 

It is important to highlight that people are innocent until found guilty when they are being tried for a crime. This means that the prosecutor is completely responsible for finding the defendant guilty. As we previously mentioned, some cases might be so weak that the defendant can walk away with no charges at all. In this instance, the defendant can stay silent and argue that the prosecution failed to prove his case. 

Get Represented from Start to Finish with The Law Offices of Joseph D. Vasquez 

If you’re uncertain about how to go about your case, look no further. Joseph D. Vasquez is here to help you navigate the challenges of your case. Contact us today to learn more about the areas of practice we specialize in, in addition to criminal defense.

A Look at The Most Common Personal Injury Cases

Personal injury law is one of the most expensive fields of law. Several kinds of accidents happen every day, therefore, lawyers and law offices are expected to encounter even the worst cases. Although accidents of any kind can occur at any moment, there are seven specific personal injury claims that are seen more often than others. Among these consist of slip and fall, medical malpractice, and workplace accidents. What could the others be? Well, you’ve come to the right place. We discuss each common personal injury case in this blog. 

Slip and Fall

One of the most common personal injury cases, slip and fall accidents are averaged out at more than one million per year. Although property owners have a legal responsibility to keep their premises reasonably safe and free of hazards that way employees can work comfortably, people still result in these accidents. Those who experience these accidents on public or private property are entitled to compensation for their injuries. 

Medical Malpractice 

Medical malpractice deals with injuries that were recklessly caused by a doctor’s negligence or misjudgment of treatment. Oftentimes, when medical malpractice occurs, a doctor is found of having broken a law or taking inappropriate measures when it comes to treating a patient. These cases usually take a bit longer to determine if a patient will receive compensation because getting a bad result during treatment does not automatically mean that malpractice occurred. 

Wrongful Death 

Wrongful death cases occur when a person has died due to someone else’s carelessness. Cases of wrongful death could be caused by anything, including auto accidents, medical malpractice, construction accidents, and much more. Wrongful death can even be caused by the misuse of a defective or dangerous product. The compensation collected for a wrongful death case is usually handed to the family or members that survive the person who died. 

Dog Bite

Believe it or not, approximately 4.5 million dog bite accidents occur each year and 800,00 of those people will be sent to receive medical care. In most cases, the owners of the dog responsible for the bite or injury are to provide financial compensation. Although, it is important to keep in mind that dog bite laws vary from state to state. In some states, strict liability rules are to be carried out, where the owners of the dog will be responsible for providing compensation, even if the dog does not have a history of aggression or biting. 

Workplace Accident 

As we have previously mentioned, workplace accidents are rather common. Workplace accidents is a broad field that can include slip and fall, construction accidents, wrongful death, and more. The injured employee is to file a claim under the Worker’s Compensation Act, which requires employers to provide various benefits and compensation to the worker involved in the accident. Compensation can include temporary total disability or permanent partial disability. Similar to dog bite law, workplace accident law will vary from state to state. 

Products Liability

This category includes injuries caused by defective products or tools that can induce an accident at home, in public, and/or at work. Improper warnings or misleading operation manuals can also be found at fault for these injuries. Examples of this kind of accident includes consumption of dangerous foods or medication, defective vehicle parts, medical devices, toxic materials and chemicals, and others. Those who are held responsible are those who manufactured these products. 

Premises Liability 

These kinds of personal injuries occur when an accident was caused by a dangerous condition on someone’s land or property. These accidents can occur anywhere, including restaurants, gas stations, malls, retail stores, someone’s home, swimming pools, recreational centers, and more. If there is anything as minor as a broken staircase or a missing handrail, this is enough to find a landowner liable for the accident. 

Motor Vehicle Accident 

As of 2018, there were approximately 5,000 motorcycle crashes in the United States that led to death. Some of these motor vehicle accidents were caused by other reckless drivers on the road. If you have been injured in a motor vehicle accident, as the respective driver, as a pedestrian, as a passenger, or as a driver of a different vehicle, you may be entitled to compensation depending on your injuries and medical costs. 

Choose The Law Offices of Joseph D. Vasquez

Joseph D. Vasquez is ready to represent you with any accident or injuries you may be facing. Contact our law offices today to learn more about how we can help.

What To Consider When Preparing A Will

Thinking of preparing a will may feel like you’re facing the end. As dark and dreary as it might seem at the time, know that it’s really to benefit your family at the time of your passing. A will is meant to help sort out your leftover finances, passing on your assets, and knowing that your family won’t have to worry about anything after your passing. It’s no surprise that most people feel too afraid to start this process. After all, it’s an overwhelming and complicated process. Luckily, we‘ve broken down some things to think about as you start thinking about your will.

When should I Start Making A Will?

There’s the question of when and should you start making your will? The answer can vary, but some life events can trigger when to start shaping your will. Even if you’re young, there are reasons to start considering writing a will. Once you turn 18, you’re legally able to start drafting out your will. If you’re not married, don’t have children, you may still have assets that can get sorted out. 

Your pets and belongings, especially anything valuable, heirlooms, are all things that can get included in your first will. It’s best to catalog your items or group them in case anything ever happens. Many say that if you’re young, broke, and don’t own much to not worry about a will. However, it’s better to have you in charge of what you own and where it goes. If not, then the government will have charge of distribution. 

Assets And Debts 

If you die and don’t have a prepared will, your assets will end up in “intestate succession.” This means that your property will get divided according to state law. It’s best to list your assets in categories with an approximate value. This can also mean a mortgage or a loan. If you own a house or your car, then include whether you own this item or with someone else like a spouse or business partner. Real estate can get a little tricky. If the real estate was jointly owned, then it immediately goes to the surviving member, and the asset won’t need to get included in your will. If it’s listed as ‘tenants in common,’ then the portion of the property you owned will get included in your will. 

You also want to gather all the information on your financial, retirement, investment accounts. Debts will also include mortgages, credit cards, any type of loans, and medical bills. Your assets will get used to pay off all of these debts. It’s good to know if your assets are even sufficient to pay off your debts. 

Think Of The Children 

This can feel like the most challenging part of shaping a will. If you get married or start a family, it’s definitely time to begin writing things out. Thinking of who will take care of your children if both parents pass away should take priority over most other items. If not, the state will choose a guardian if you never named a guardian in the will. Talk it over with your spouse and make a list of names that you would like to raise your children if anything happens. 

Finding Beneficiaries And An Executor 

This will typically go to your spouse, children, family, or even charities of your choice. You can determine who gets what when it comes to assets and property at this time. After deciding these essential things for your will, it’s time to find an executor. An executor will take care of administering your estate, pay valid debts, and distribute assets. Pick someone who has the confidence to do this task properly. Family members are the cheapest, but it may be hard to deal with the stress of handling a death and your assets during this time. 

Keep It Updated

Things change in life, and other things can occur that will change the outcome of what you originally wrote in your will. Updating your will at least once a year is a best practice to leave everything exactly how you want it to. Debts change, assets change, even relationships can change. Stay on top of this document as much as you possibly can. You also want to think about funeral preparations. Some of these topics can go unnoticed at the time, but they’re some of the most important aspects when someone passes. 

Joseph Vasquez Will Help

If you’re looking to start putting together you will, the offices of Joseph Vasquez can help you. By keeping things in order and giving you everything to think about in the document, we can make sure it’s all taken care of in a professional and legal manner. We want you and your family to feel confident during this challenging time and ensure that you don’t also worry and stress over these topics. Contact our offices today to see how we can help better prepare your future.

A Look Into How Lawyers Came About Everyday Life

Lawyers and law office jobs have become gradual over the years. The demand for attorneys continues to grow and, at this point, we don’t see it nearing its end ever. It’s boggling to think about how nurses, mathematicians, and teachers came about, but it is even more important to consider the origins of lawyers! Lawyers are the individuals that fight for our rights and carry out the law by ensuring that citizens are fairly represented, in and outside of the court. If you’re wondering how lawyers and their occupation came about, we have the answers. 

Ancient Rome and Greece: The Birth of Lawyers

The first founders of law make their appearance into society through the ancient history of Greece and Rome. In fact, Greece and Rome have a modern-day reputation of law due to lawyer origins! In ancient Athens, orators had nearly the same qualifications of lawyers. These orators would often plead the case for well-known associates, town members, and friends. At this time in history, it was required that individuals would plead their own case or have a close colleague take the job for them. The courts wanted to make sure that a representative was trust-worthy and that they were not bribed to do so. With this being said, it is also essential to note that lawyers were not allowed to take fees or payments to establish a formal profession. Although this law was often violated and because it was, the empires tried to find a way to work around this law and make the service of early lawyers an established profession. Thanks to Emperor Claudius, the legal profession was legalized and he even allowed for lawyers to charge a limited fee. It was not long before the profession made its occupation prevalent in the middle ages. 

Expanding Into the Middle Ages

Modern-day lawyers are known for making a high living, but that was not always the case in earlier times. Lawyers in medieval times often found themselves struggling to make even a comfortable living. This was due to the fact that the legal profession collapsed in the western world. Despite this fall, the profession was able to meet resurgence. Although, this resurgence was brought about in a form that mostly served the church and its laws. Between the years of 1190 and 1230, the state and the church doubled their efforts to control and regulate the profession. There was a strong push and desire to professionalize the legal occupation and have lawyers swear an oath before being allowed to practice law. 

Lawyers Influence the American Nation

As American history is a widely taught subject in schools and colleges across the U.S., you might be wondering when exactly lawyers first began to practice law in the nation. As we learn about the history of lawyers, it is important to understand this time frame is filled with changes and fluctuations. In order for society to find the need for lawyers an advancement had to have taken place. The first lawyers did not appear immediately in the Americas when the British colonies were established. Many of the first settlers were reluctant to lawyers, and they tended to be more hostile than the European nations. Some colonies went as far as outlawing lawyers—oddly enough. In the few places where lawyers were allowed to practice, they were tightly regulated and were only permitted to charge a small fee to clients. As the colonies began to thrive financially, the need for lawyers grew. Although, most lawyers were untrained and clients took the risk of hiring a lawyer that might fail to represent them in and outside of the courts. 

Eventually, the prejudices against lawyers began to diminish and the legal profession gained more respect, power, and credit. Twenty-five of the fifty-six men who signed the Declaration of Independence were lawyers! Lawyers were being trained and much more focused in the American courts and, eventually, after the American revolution, bars were established all across the country. This allowed for the education of lawyers to become more formalized. By the 1850s, many small law schools were established by lawyers in the United States. This paved the way for aspiring lawyers to reap the education that they needed in order to practice law. 

The Law Offices of Joseph D. Vasquez: Proudly Carries the Duties of Law

Joseph D. Vasquez is a proud attorney that represents the entirety of El Paso. Joseph D. Vasquez aspires to keep the success of lawyers prevalent throughout the years. Contact our law firm to learn more about how we can represent you! 

The witnesses all completely agree? Chances are they are wrong.

A recent study suggests that perfect agreement among witnesses in a criminal case is so improbable that it should be considered an indicator that something is wrong. In the study published in the Proceedings of the Royal Society A, social scientists used statistical analysis to prove that the probability of perfect agreement among witnesses is close to zero. 

The proponents of that study suggested that complete agreement between a large number of witnesses is so unlikely that it suggests some unreliable factor is is influencing the witnesses. In the study, the scientists determined that witness testimony identifying a suspect is fairly reliable up when up to three witnesses identify the suspect, but with every witness over three who corroborates the identification the "the confidence that . . . the right person is being identified" erodes. 

Social scientists have long understood that eye-witness accounts are particularly vulnerable to influence from external influences. For this reason, law enforcement should follow very strict procedures when eliciting statements and identifications from eye witnesses. If law enforcement doesn't take appropriate precautions to ensure that an eye-witness identification is not tainted by some outside influence, that evidence may be inadmissible in a criminal prosecution.