Biebas and Riley Attorneys at Law PLLC Biebas and Riley Attorneys at Law PLLC 2025-09-08T16:02:42Z https://www.biebasandriley.com/feed/atom/ WordPress /wp-content/uploads/sites/1103143/2023/04/cropped-Biebas-site-icon-32x32.png On Behalf of Biebas and Riley Attorneys at Law PLLC <![CDATA[The rise of drug-related DWIs: What you need to know about the legal consequences]]> https://www.biebasandriley.com/?p=47463 2025-09-08T16:02:42Z 2025-09-08T16:02:42Z Understanding the legal penalties Even if this is your first offense, the consequences of a drug-related DWI are serious. In Texas Penal Code Section 49.04, penalties can include:
  • Fines up to $2,000
  • Jail time from three days to 180 days
  • Driver’s license suspension for up to one year
Repeat offenses can carry higher fines and longer jail sentences. Also, aggravating factors can lead to felony charges with even more severe consequences. Examples include having a child on board or causing an accident. On top of these, facing a conviction can also impact your ability to work, rent housing or travel internationally.

The role of drug recognition experts

If you were pulled over and suspected of being impaired by drugs, you may have encountered a drug recognition expert (DRE) at the scene or at the station. These officers are specially trained to check physical indicators such as unusual behavior, dilated pupils and coordination problems. Their evaluation can become a key part of the evidence against you in court, but DRE assessments are not always conclusive. Fatigue, medical conditions or stress can sometimes look like signs of drug impairment. Your understanding of what the DRE was looking for and how their evaluation works can help you and your attorney identify potential challenges to the evidence.

Defense strategies to consider

Facing a drug-related DWI charge can be intimidating, but there are actions you can take to protect your rights. Common defense considerations include:
  • Examining whether the traffic stop was lawful
  • Reviewing the reliability of field sobriety tests
  • Questioning the accuracy of the DRE evaluation
  • Analyzing how blood or urine samples were collected and tested
These strategies focus on identifying potential weaknesses in the evidence and ensuring a careful evaluation of your case.

Protecting your future with legal guidance

It may seem overwhelming, but protecting your record and employment opportunities is not impossible in your situation. Working with an experienced attorney as early as possible can help you understand the strengths and weaknesses of your case. Knowing your options and having professional guidance can provide clarity and help you make informed decisions moving forward.  ]]> On Behalf of Biebas and Riley Attorneys at Law PLLC <![CDATA[Facing your financial future: The true cost of divorce in Texas]]> https://www.biebasandriley.com/?p=47451 2025-06-23T10:25:20Z 2025-06-23T10:25:20Z Complex emotions and adjustments often accompany the end of a marriage. It is safe to say that your life will undergo significant changes, both during the process and after. Among the most impactful are the financial consequences that can follow a separation. It is important to understand what lies ahead so you can move forward with greater preparedness.

What divorce can really cost you

Legal fees are the most obvious costs, but the real financial impact often hides in the smaller details. Here are some of the ways other costs can show up. 

Complex assets like a family business

If you and your spouse own a business, it is important to get the value right. In Texas, a business started or grown during the marriage can be divided. Getting the value wrong or ignoring future income can lead to unfair results and long-term financial loss.

Alimony and child support considerations

Texas law does not guarantee spousal support, but when the court orders it, it can affect both parties’ finances for years to come. Similarly, child support obligations or entitlements can shift your monthly budget dramatically. 

Credit scores and shared debt

You carry responsibility for joint debts like credit cards, mortgages or car loans until you close or refinance them. Missed payments on shared accounts will still hurt your credit score, impacting your ability to secure new loans or housing.

Significant tax changes

Divorce can alter your tax filing status, available deductions and overall tax liability. These changes can affect how much you owe each year and how you report your income and expenses. Without a clear understanding of how your new financial situation impacts your taxes, you may face unexpected tax bills, reduced refunds or issues with compliance.

Starting over and new expenses

Living on a single income often brings new costs. This includes housing, insurance, childcare and saving for retirement. If you were not in charge of handling the finances during the marriage, you may also need to take a closer look at your long-term financial plan. While each of these costs may seem manageable on their own, together they can add up quickly. If you do not address these issues during the divorce process, they can lead to costly problems later on.

Your financial future deserves legal protection

Divorce is a difficult transition for everyone involved. It is both a life-changing event and a financial turning point. Taking the time to understand your rights and responsibilities and working with the right legal professionals can help you protect your financial future. ]]> On Behalf of Biebas and Riley Attorneys at Law PLLC <![CDATA[How to minimize the impact of divorce on your child’s education]]> https://www.biebasandriley.com/?p=47447 2025-05-13T15:01:58Z 2025-05-13T14:34:57Z Divorce can affect many aspects of a child's life, including education. When parents separate, children often face changes in living arrangements that can disrupt their learning environment. It is crucial to address these challenges to ensure your child maintains educational stability during this transition.

Communicate with the school

Prioritize communication with your child's school. Inform teachers and administrators about the situation so they can provide support where needed. Schools often have resources to help children cope with family changes. Open communication helps educators understand any behavioral or academic shifts in your child, allowing them to offer appropriate assistance.

Establish a stable routine

Having a stable routine is essential. Consistency helps children feel secure, especially when other parts of their life are changing. Keep regular schedules for school, homework, and extracurricular activities. This stability can reduce stress and help your child focus on their studies.

Ensure parental involvement

Guarantee both parents remain actively involved in their child's education. Attend parent-teacher conferences, help with homework and stay informed about school events. Children benefit when both parents show interest in their education, regardless of living arrangements.

Support your child’s emotional well-being

If your child is struggling emotionally, consider counseling. Many schools offer guidance counselors who can provide support and strategies to help children cope with the emotional impact of divorce. Outside therapy can also be beneficial if your child needs more personalized attention.

Maintain positive co-parenting

Maintain a positive relationship between both parents. Children thrive when they see their parents working together, even after divorce. Encourage respectful communication and cooperation in decisions related to your child's education. This teamwork can create a stable environment that minimizes educational disruptions.

Take note of legal considerations

Review legal arrangements concerning custody and education. In Texas, the law emphasizes the best interest of the child. Ensure that educational decisions reflect this principle. Both parents should have access to school records and be involved in major educational decisions unless the court orders otherwise.

Prioritizing your child’s well-being

Divorce is challenging, but with thoughtful planning and collaboration, you can help your child maintain educational stability. Focus on these strategies to minimize the impact on your child's education. Your efforts will provide a foundation for your child's success in school and beyond.]]> On Behalf of Biebas and Riley Attorneys at Law PLLC <![CDATA[What additional charges complicate drug offenses?]]> https://www.biebasandriley.com/?p=47443 2025-03-20T17:34:25Z 2025-03-20T17:34:25Z If you're facing drug charges, it's important to know that they could come with additional charges that might complicate your case. Drugs, whether legal or illegal, are heavily regulated, and violating those regulations can lead to serious consequences. But the situation can get even more complicated if other charges, like firearms charges, are involved. Understanding the impact of these additional charges can help you make more informed decisions.

The basics of drug charges

Drug charges typically stem from allegations of possession, distribution, or trafficking of illegal substances. The severity of the charge depends on the amount of the substance, the type of drug, and the intent behind possession or distribution. 

How firearms charges complicate drug cases

If you're arrested with drugs and firearms, you might face both drug and firearms charges. This can make the situation much more complicated. Federal laws impose severe penalties for possessing firearms while committing a drug-related crime. Firearms charges can lead to longer prison sentences and larger fines, even if the weapon was not used in the commission of a crime. The combination of drug and firearms charges can significantly increase your legal troubles.

Additional Complications

Drug charges can be complicated by other criminal charges as well, not just firearms offenses. For example, if you’re arrested for drug possession and also face charges for theft, assault, or conspiracy, your case could become more complex. Additional charges can escalate the severity of your situation, potentially increasing penalties like prison time and fines. Each charge is usually handled separately, but the court may consider how these charges relate to one another. Some charges, like those involving violent offenses, may lead to stricter penalties. Understanding the potential for additional charges can help you prepare for the possible outcomes and manage the legal process. Facing drug charges alongside other criminal charges can feel overwhelming, but understanding how each charge impacts your case is important. Take the time to learn how other charges, like theft or assault, may escalate your situation, and how they can affect the penalties. Understanding all the charges involved will help you make informed decisions and prepare for the legal process ahead.]]> On Behalf of Biebas and Riley Attorneys at Law PLLC <![CDATA[Vape pens and felony charges in Texas: What you need to know]]> https://www.biebasandriley.com/?p=47439 2025-01-22T17:56:37Z 2025-01-22T17:51:32Z The risks of possessing a THC vape pen in Texas Texas law considers THC vape pens as controlled substances under Penalty Group 2. Possession of these items is a felony offense, regardless of the amount. The severity of the charge depends on the weight of the substance, including any adulterants or dilutants. It's important to note that police can confiscate vape pens for testing, even if they don't arrest you immediately. The testing process can take months, but police may file charges later. This means you could face legal consequences long after the initial encounter with law enforcement. Possessing less than one gram results in a state jail felony, punishable by up to two years in prison. One to four grams is a third-degree felony, which can lead to up to 10 years in prison. Four to 400 grams is classified as a second-degree felony. Possessing 400 grams or more is a first-degree felony, carrying a potential life sentence and substantial fines.

Why legal help matters

The harsh penalties for THC vape pens contrast sharply with those for marijuana flowers. Possessing up to four ounces of flower marijuana is only a misdemeanor in Texas. This disparity in punishment highlights the importance of understanding the specific laws regarding vape pens and THC extracts. Given the complexity of these laws and the serious consequences of a conviction, seeking legal help is highly advisable. An experienced attorney can help you navigate the legal system and work towards reducing charges or penalties. They can also help ensure proper procedures are followed in the testing and handling of evidence. Residents and visitors to Texas should be aware of these strict laws. If you use vape pens for medical reasons, make sure you understand Texas laws and have proper documentation if your product is legal. As laws can change, staying updated on current regulations is always a good idea, especially when traveling between states with different marijuana laws.]]> On Behalf of Biebas and Riley Attorneys at Law PLLC <![CDATA[Is it possible to get an assault charge dropped in Texas?]]> https://www.biebasandriley.com/?p=47437 2024-11-18T16:51:18Z 2024-11-18T16:51:18Z Facing an assault charge in Texas can overwhelm anyone. Many people wonder if they can get these charges dropped or if the state will proceed with the case. The answer depends on several factors, including the strength of evidence, the specifics of the incident, and whether the alleged injured party cooperates.

The role of the injured party's cooperation

The alleged injured party plays an important role in an assault case. If the person who was allegedly harmed refuses to cooperate with law enforcement or retracts their statement, a prosecutor may decide to drop the charges. However, the prosecutor ultimately makes that decision, not the alleged injured party. In Texas, the state can still pursue charges, especially in cases with strong evidence like witness statements or physical injuries.

Lack of evidence can lead to dropped charges

A lack of evidence often leads to dropped assault charges. Prosecutors must prove the case beyond a reasonable doubt, and without sufficient evidence, they may dismiss the charges. This could happen if witness accounts change, evidence turns out unreliable, or inconsistencies exist in the police report. A skilled defense attorney can argue for dismissal by highlighting these weaknesses.

Negotiating for charge dismissal

A defense attorney can negotiate with the prosecutor for a charge reduction or dismissal. In some cases, this may involve entering a pretrial diversion program or attending anger management classes. Diversion programs give defendants a chance to avoid conviction by completing specific requirements. Successful completion can lead to dropped charges, which keeps the individual from having a criminal record.

When the state decides to proceed

In Texas, prosecutors often pursue assault charges even when the injured party wants to drop the case. The state takes violence seriously, especially domestic violence. However, strong legal representation and a lack of substantial evidence give defendants a chance to get charges dropped or reduced. Understanding the complexities of assault charges in Texas helps defendants make informed decisions about their legal options. Consulting with an experienced attorney is crucial for navigating the legal process and exploring a good possible outcomes.]]> On Behalf of Biebas and Riley Attorneys at Law PLLC <![CDATA[What are the ways to fight a domestic violence charge?]]> https://www.biebasandriley.com/?p=47435 2024-09-17T17:50:25Z 2024-09-17T17:50:25Z Facing a domestic violence charge can be daunting, but there are legal defenses you can use to challenge the accusation. Leveraging the right defense can help you avoid serious consequences like jail time, fines or restraining orders.  If you are facing accusations of domestic violence, your first priority is to learn the common ways to fight the charges against you.

Self-defense

Asserting self-defense is one of the most common methods of contesting a domestic violence charge. If you were protecting yourself from harm during the incident, you can argue that your actions were necessary to prevent injury. Under Texas law, you have the right to defend yourself if you are in immediate danger. If possible, present evidence of injuries, threats or other actions that made you feel as though you were in legitimate danger.

False allegations

Sometimes, people make false claims of domestic violence due to personal motives. The accusations against you might stem from revenge, jealousy or an attempt to gain an advantage in a divorce or custody case. Be prepared to gather evidence that contradicts the accuser’s story. This might include witness testimony and text messages that can help establish that the accusations are not credible.

Lack of evidence

In Texas, the prosecution must prove beyond a reasonable doubt that domestic violence occurred. If there is insufficient evidence to support the charge, you can petition for the dismissal of your case. For example, if there are no physical injuries, no witnesses or no clear proof of violence, the defense may argue that the prosecution cannot meet its burden of proof.

Mutual combat

In some cases, both parties may have sought a fight or altercation. If this was the case, you may argue that the incident involved mutual combat rather than one-sided violence. This defense aims to prove that both individuals contributed to the conflict, rather than the defendant being solely responsible for the violence. There are several viable defenses against domestic violence charges in Texas. available. Choosing the right path to justice requires carefully examining your own situation so you can make the best, most informed decision about your defense.]]> On Behalf of Biebas and Riley Attorneys at Law PLLC <![CDATA[Can you go to jail for a DUI charge in Texas?]]> https://www.biebasandriley.com/?p=47433 2024-07-15T18:51:51Z 2024-07-16T18:51:39Z In Texas, facing a DUI charge is a serious matter, especially if it is your second offense or if there are aggravating factors. These charges can lead to severe consequences, including the possibility of jail time. 

Second-time DUI offenders

If you get caught driving under the influence for a second time, the penalties increase significantly. A second DUI offense is classified as a Class A misdemeanor. You could face a jail term ranging from 30 days to one year.  Additionally, you may have to pay fines up to $4,000 and deal with a license suspension of at least 180 days. The court might also require you to install an ignition interlock device on your vehicle, which prevents the car from starting if alcohol is detected on your breath.

Repeat DUI offenders

For those who have multiple DUI convictions, the penalties become even more severe. A third DUI offense is considered a third-degree felony, which can result in a prison sentence of two to ten years and fines up to $10,000. The license suspension period also increases, and an ignition interlock device is mandatory. 

Aggravated DUIs

Aggravated DUI charges occur when certain factors make the offense more serious. These factors include:
  • Having a high blood alcohol concentration (BAC) of 0.15% or higher
  • Having a minor in the vehicle
  • Causing an accident that results in injury or death
In these cases, the penalties are more stringent. For instance, a first-time offender with a high BAC could face up to one year in jail, higher fines, and longer license suspensions. 

Taking responsibility

Understanding the consequences of DUI charges in Texas highlights the importance of responsible driving. While the legal system imposes strict penalties, the goal is to encourage safer roads and prevent repeat offenses. Always consider the impact of your actions and prioritize safety.]]> On Behalf of Biebas and Riley Attorneys at Law PLLC <![CDATA[Top 5 things to know after a first-time DUI charge]]> https://www.biebasandriley.com/?p=47431 2024-05-14T21:06:32Z 2024-05-14T21:06:32Z 1. Understand the charges When facing a DUI charge, it is important to know the severity of the offense. Driving under the influence refers to operating a vehicle while impaired by alcohol or drugs. This offense can lead to serious legal consequences, including fines, license suspension and even jail time.

2. Learn about the legal process

Following a DUI charge, a person will likely go through a legal process that involves court appearances and potential hearings. They need to learn about how to cooperate with authorities and follow any legal obligations.

3. Prepare for the impact on driving privileges

A DUI charge can significantly impact an individual's ability to drive. Depending on the circumstances, a person may lose their driver's license for a certain period of time, and preparing for this is key. In some cases, they may be eligible for a restricted license that allows them to drive under certain conditions, such as to work or school.

4. Take note of the financial ramifications

In addition to legal consequences, a DUI charge can result in financial issues. People may face fines, court fees and increased insurance premiums. It is important to budget for these expenses and explore potential financial assistance or payment plans if needed.

5. Seek support

Facing a DUI charge can be emotionally taxing for individuals. People need to seek support from friends, family or support groups during this time. Surrounding themselves with a strong support network can provide encouragement and assistance as they go through the legal process and face scrutiny. A first-time DUI charge can have far-reaching consequences that extend beyond just legal penalties, which may shock some people at first. However, by understanding the possible outcomes of the situation, people can better prepare emotionally and mentally if they are facing a charge against them.]]> On Behalf of Biebas and Riley Attorneys at Law PLLC <![CDATA[What should first-time offenders know about criminal charges?]]> https://www.biebasandriley.com/?p=47429 2024-03-25T23:08:14Z 2024-03-25T23:08:14Z After your arrest After your arrest and booking, the prosecutor's office reviews the evidence and details of your case. Based on this review, they decide whether to file formal charges and, if so, what those charges should be. If the prosecutor decides to proceed with charges, the next step often involves determining your eligibility for bail. Once you know the charges you are facing, seeking representation and preparing your defense before your arraignment is a good idea.

Appearing in court

Your first appearance in court is the arraignment, where you hear the formal charges against you. At this point, you can enter a plea of guilty, not guilty or no contest. Choosing the appropriate plea can significantly impact the direction of your case. In the pre-trial phase, there might be several hearings and legal proceedings. Sometimes, it is even possible to resolve a case without going to trial. Before the trial begins, you can further develop your defense strategy. Depending on the circumstances, you can receive information about the evidence against you during this pre-trial stage.

Trials and sentencing

Your case may go to trial before a judge or a judge and jury. During the trial, both sides present their evidence and arguments. The judge or jury decides on your guilt or innocence based on the information presented. If they find you guilty, the final step is sentencing. The judge determines your punishment, which could range from probation and community service to imprisonment, depending on the severity of the crime and other factors. Your lack of criminal history could result in a less severe sentence for some criminal charges, such as a first offense DWI. If you are facing criminal charges in Texas for the first time, being aware of the potential outcomes at each stage can help you manage your expectations and prepare for the consequences of your case.]]>