Responding to Internet Sex Crime Charges

Few crimes illicit as strong of an emotional response when discussed than internet sex crimes. This category of crime includes possessing child pornography, transmitting child pornography, and soliciting a minor. Children are one of the most heavily legally protected groups, and crimes against them can carry very severe penalties. Today we’ll be discussing what you can do to defend yourself if you become the target of an investigation, and what to do if you are charged with an internet sex crime.

Building a Strong Defense

Unfortunately, in many cases an internet sex crime charge results from an accident or misunderstanding. If you’re facing these charges, you may have done something as small as clicking on the wrong link while browsing the internet. It’s possible that another user was on your computer, network, or had hacked into your private accounts. In some cases, there may be false accusations, or evidence that law enforcement has illegally entrapped someone they later charge. 

Without a San Antonio sex crime attorney in your corner, it will be very difficult to defend yourself from allegations of this nature. An internet sex crime attorney can help evaluate the evidence provided by the prosecution and identify any missteps taken by police or unsubstantiated claims. Your attorney may also procure a forensic expert specializing in computers as part of efforts to recover evidence that could exonerate you.

Possible Consequences of an Internet Sex Crime Conviction

The seriousness of an internet sex crime conviction cannot be overstated. Some of the potential consequences of an internet sex crime conviction include:

  • Jail or prison time
  • Paying a substantial fine
  • Banned from ever using a computer
  • Registering as a sex offender for the rest of your life
  • Barred from spending any time with children, including your own

As you can see, a conviction of this nature on your record can have an overwhelmingly negative impact on your life. Depending on your circumstances, the extralegal effects of a conviction can have serious ramifications in your personal or professional life. Even if you win your case, it may be difficult to escape the scrutiny of the court of public opinion. That’s what it’s especially important to hire a San Antonio sex crime attorney who will act quickly to build a strong defense.

When to Hire a San Antonio Sex Crime Attorney

It is important to call a sex crimes defense attorney as soon as you realize that an investigation is underway. We strongly advise you to avoid answering any questions from the police. Answering police questions without a lawyer present can seriously harm your case, as any information you divulge (even the most minor details) can and will be used against you.

Contact Us

If you believe you may be facing charges soon or have been charged, please reach out to us to set up your free case evaluation as soon as possible. The Law Office of Jesse Hernandez is standing by to begin building an aggressive defense for you.

Interacting With Police

It can be alarming to be stopped by law enforcement regardless of the circumstances. Though most people will feel some amount of pressure when encountering the police, it’s important to maintain your composure and keep your rights in mind. Here are three types of interactions and how to best respond.

Conversation

If an officer stops you to have a conversation, understand that anything you tell them could potentially be used against you in the court of law. You have the right to ask if you are being detained, and if not, you can simply walk away.

Detention

Police may detain you if they have a reasonable suspicion that you were involved in a crime. An officer must be able to articulate why you are being detained. Ask politely why you are being detained, and if you are free to go. You will be asked for details with which to identify yourself, including your name, address, and date of birth. No further questions should be answered without a lawyer present.

Arrest

If an officer has witnessed you committing a crime, has a reasonable suspicion that you have, or has acquired an arrest warrant signed by a judge, you may be arrested. Even if you feel you are being wrongfully arrested, it is in your best interests to go quietly. A wrongful arrest is best handled with the help of a capable lawyer. At the time of arrest, you are only obligated to give your name, address, and date of birth. Keep in mind that officers are not legally obligated to be truthful and may look for ways to wear down your resolve. Stay silent and ask for your lawyer.

Regardless of which category your interaction falls into, remember that behaving in a disgruntled, angry, or destructive fashion can greatly hurt your case in court. The Law Office of Jesse Hernandez can provide you with a criminal attorney in San Antonio, TX. Call us today for a free case consultation.

Courtroom Etiquette

No matter what crime you’ve been charged with, many things about appearing in court remain the same. For one, courtroom customs are practically universal. If you’re anxiously awaiting your first appearance in court, visualizing your experience in advance can help you remain calm and collected when the day comes. Here are some guidelines to help you conduct yourself appropriately—something that will almost certainly factor into the court’s decision.

What To Wear

You should dress for court much in the same way you would for a formal job interview. For gentlemen this means a collared shirt, suit, and dress shoes. Conservative tops paired with slacks or skirts of a professional length are ideal for ladies. Make the best with what you have if these specific articles of clothing aren’t available. Anyone appearing in court should ensure that they are well-groomed on their court date: a shower and a shave can go a long way.

Demeanor

A visit to court should be handled with utmost seriousness. This is not a good time to act playfully or tell jokes, as even subtle behaviors may be interpreted as disrespectful conduct. Never speak over anyone else in court. If an attorney or judge begins speaking over you, pause until they are finished. If you feel it is important to continue where you left off, you may ask to continue your statement.

What To Say

It’s important to answer questions honestly and directly. Be very careful not to provide any more information than is specifically asked of you. In many cases, questions can be answered with a simple yes or no. If you misspeak, ask if you can correct your statement, and try to stay calm. It is perfectly normal to find yourself feeling unnerved while on the stand. Giving yourself a moment to take a breath before continuing is a right you retain at all times.

An aggressive defense lawyer is one of the greatest assets you can have on your day in court. Reach out to our office if you are seeking a San Antonio, Texas DWI Lawyer and would like a free consultation on your case.

What is the Difference Between Assault and Self-Defense?

Not understanding the difference between these two terms can cost you your freedom. Although they are both acts of violence, when it comes to the law, they are seen very differently. However, there is often a fine line between the two – and you may find yourself in a situation where you need a highly skilled domestic assault defense lawyer in San Antonio, Texas to protect your rights.

The factors that led up to the act of violence, including motive, is what differentiates the two acts. Many individuals find themselves in an unplanned legal battle when they were defending themselves or their family members. It is important to be informed so you can avoid these types of legal difficulties.

Assault is a Crime

Under Texas law, assault charges can range from a Class C misdemeanor to a Third-Degree felony assault. A Class-A Misdemeanor assault charge can be elevated to a felony when the assault is against certain parties including a family member, a dating partner, or a roommate.

Self-Defense is a Right

As a resident of Texas, you have a right to defend yourself or another person, however, “self-defense” is in Section 9 of the Texas Penal code because it is not considered a “defense”, but a “justification.” This means that the burden of proof falls on the defendant, which is the opposite of most criminal proceedings where the prosecution has the burden of proof.

Turn to Us for Legal Guidance

At the Law Offices of Jesse Hernandez, we understand that an individual has a right to defend themselves; nevertheless, they can still end up getting arrested and require the services of an experienced domestic assault defense lawyer in San Antonio, TX. If you find yourself in this type of situation, reach out to us right away – we are here to help.

Safe Driving Tips for Driving in Rainy Weather

Winter in San Antonio

Winter in San Antonio can bring lots of rain, and while driving in the rain may not seem terribly dangerous, traffic fatalities increase during poor driving conditions of all types – and rainy conditions are responsible for almost 10% of all accidents that involve injuries.

Slick Roadways

Roads are the slipperiest just after the rain begins because that is when the water mixes with the gas, oil, and other vehicle fluids that have accumulated on the roadway surface since the last rain. Be particularly wary when approaching intersections and as when you apply the brake.

Slick roadways mean we need to pay more attention to traction. Everyone worries about slipping and sliding around on the ice, but did you know hitting a pile of wet leaves or an oil puddle will reduce your traction just as much? Always watch the driving surface and be prepared to slow down if you see a problem up ahead.

Visibility

When driving in the rain, it’s important to optimize visibility. That means changing your wiper blades at least every 6 months and we suggest using a rain repellent such as Rain-X on your windshield. This product will cause the rain to bead up and fly right off your windshield, improving your visibility no matter how hard it’s coming down. One caveat – it needs to be reapplied about once a month.

Other Vehicles

It’s always best to drive slower and keep a safe distance between you and the vehicle in front of you. Try to steer clear of trucks that can splash your windshield, limiting your visibility, and always be aware of other vehicles around you.

San Antonio Accident Lawyer

We hope these tips help keep you safe when you’re driving in the rain. However, sometimes accidents are unavoidable. If you have been involved in an accident and you need to hire a San Antonio truck accident lawyer, reach out to our experienced legal team today.

Nursing Home Rights in Texas

Like all right-thinking individuals, Jesse Hernandez is opposed to all forms of physical violence. He is a San Antonio domestic violence attorney who firmly believes in the right of every person to be safe in their own home. He’s also dedicated to protecting the rights of some of our most vulnerable citizens, nursing home residents.

No one surrenders their rights when they enter a nursing home, and to help protect you or a loved one, here are a few of the basic rights of nursing home residents under both state and federal laws.

Dignity and respect

Nursing home residents have the right to:

  • Live in safe, decent and clean conditions.
  • Be free from abuse, neglect and exploitation.
  • Be free from discrimination based on age, sex, race, religion, nationality, disability, marital status or source of payment.
  • Practice their own religious beliefs.
  • Keep private property and have it protected against theft or loss.
  • Be free of any chemical or physical restraints not needed to treat their medical condition.

Freedom of choice

Nursing home residents have the right to:

  • Make their own choices regarding personal affairs, care, benefits and services.
  • Choose their own doctor, either at their own expense or through an insurance plan.
  • Manage their own financial affairs or delegate that authority to another person.

Privacy and confidentiality

Residents have the right to:

  • Privacy during visits, phone calls and while attending to personal needs.
  • Have facility information about you kept confidential.
  • Send and receive unopened mail.

This is just a partial listing of the rights of nursing home residents, and you can find a complete list here from Texas Health and Human Services.

If you or a loved one has been the victim of nursing home abuse, call attorney Jesse Hernandez today for immediate assistance.

Sexual Assault FAQ

Jesse Hernandez is a sexual assault attorney in San Antonio, TX, and based on his years of experience, he’s well aware of the confusion often surrounding this issue. To help clear up the uncertainties, here are answers to some frequently asked questions about sexual assault.

What is sexual assault?

Sexual assault can be defined as any unwanted sexual, physical, verbal or visual act that forces someone to have sexual contact against their will. Its purpose is to control, humiliate and harm, and some examples include harassment, rape, incest, oral sex, molestation, unwanted touching or forcing someone to pose for pictures against their will.

What is rape?

Rape is a particularly violent form of sexual assault that involves the penetration of someone’s body against their will by another person. It is not a crime of passion but a crime of violence aimed at controlling and degrading the victim. Contrary to the popular belief that it’s committed by strangers, in about 60% of the cases, victims either know or they’re related to the perpetrator of the crime.

What is consent?

Consent is the clear, unambiguous and voluntary agreement between participants to engage in specific activity. To say it another way, consent involves giving your partner a clear “yes,” and consent most certainly is not the absence of a “no.” Further, just because a person has given their consent to an activity one time, does not mean they are consenting to it any time in the future. No one is ever obligated to give consent just because they have in the past.

We hope these answers clear up some of the uncertainties surrounding this issue, and if you think you have been wrongly accused of sexual assault, contact Jesse Hernandez today to arrange an initial consultation.

Learn About A DWI, First Offense

If you are arrested for a DWI in Texas as a first offense, you may be scared and concerned. However, it’s still important to know what to expect should you find yourself getting arrested due to driving under the influence. Continue reading to learn how our DWI defense attorney serving San Antonio can help you.

Getting Pulled Over

Whether at a traffic stop or while driving on the highway, an officer can pull you over and ask you to step out of the vehicle. If they smell alcohol on your breath, they’ll ask you to do some field sobriety tests. No two cases are the same, but you should still understand how the state views a DWI in Texas as a first offense.

A DWI In Texas

Defining a DWI can be different from state to state, so make sure you know the rules of the law based on where you live. First offense DWI charges in Texas are considered Class B Misdemeanors if your BAC level is under 0.15%. Ultimately, your license will be suspended for as little as 90 days and you may be charged with a fine. Make sure you hire our attorney to help you through the process as we can help you get a fair case.

Fighting A DWI

Our DWI defense attorney serving San Antonio is ready to help you. We know that if you are a first-time offender, this experience can be scary. Turn to us for legal advice and we will be sure to help you understand the process and your rights as a citizen.

Call us today at 210.807.8656 or head to our website to request a free consultation.

DWI FAQS

When it comes to DWIs, it’s important to know the rules of the law in case you ever find yourself in this situation. As your DWI lawyer serving San Antonio, we have compiled a list of the most frequently asked questions. However, if you don’t see the answer you’re looking for, don’t hesitate to contact us today and we will walk you through any questions you may have.

 

What Is The True Definition Of A DWI?

DWI means driving while impaired, and it means that someone is driving a vehicle while under the influence of drugs or alcohol. You can be charged with a DWI if you are operating your car on a public street, highway, or another public area and have a BAC of 0.08% or higher.

 

What To Do If You Are Charged?

If you have been charged with a DWI, the first thing you need to do is contact our DWI lawyer serving the San Antonio area. Because this charge is a serious offense, you’ll need a good attorney to help you fight the arrest properly.

 

Can A DWI Affect My Job?

Every situation is different so it’s hard to give a definitive answer on this topic. Your DWI is a public record, so anyone—employers included—can see if you’ve been arrested for this. However, you may not be fired over a DWI even if some jobs require that you report your DWI or any other arrest. No matter how you choose to handle your DWI, make sure that you take responsibility and address the problem head-on.

Contact Us

If you have recently received a DWI, make sure you contact us immediately. As your DWI lawyer serving San Antonio, we will do everything we can to make sure you go through this process correctly and fairly.

 

DWI Misconceptions

Roughly 10 percent of all highway fatalities are caused by drunk drivers. While DWIs are something everyone should avoid, it’s important to spot the myths from the facts when discussing them. Our DWI attorney in San Antonio.

Myth: One drink can greatly increase your likelihood of being in a car accident.

Fact: Drivers with low blood alcohol content are no more likely to be in a car accident than those who have had nothing to drink at all.

Myth: BAC is a good indicator of if you are an impaired driver.

Fact: Did you know that people who regularly consume alcohol are less impaired at a given BAC? If you drink infrequently, that’s when BAC will indicate the impairment.

Myth: Breathalyzers are a reliable and consistent indicator of BAC and therefore driver impairment.

Fact: Breath alcohol content is inconsistent as a measure of BAC from person to person depending on the specific situation. Actual impairment levels vary between individuals and are affected by the factors at that exact moment.

Myth: Lowering the legal BAC limit for a DWI will help remove any “drunk drivers.”

Fact: People who have a BAC of .1 or .08 are not necessarily “drunks.” They shouldn’t be targeted for DWI enforcement as the average DWI violator is arrested with a BAC of .15 to .17. No matter what the low legal BAC limit is, many people who are arrested have a BAC of at least .15.

 

If you recently received a DWI, contact the DWI attorney in San Antonio to make sure you are fairly represented.