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.

First Steps To Take If Charged With Murder

If you are unfamiliar with the criminal justice system and you’re charged with murder, this experience will be nothing short of frightening and overwhelming. Let our criminal defense attorney in San Antonio TX help you through this difficult and trying process.

Remember Your Rights

As the Miranda Rights state, “You have the right to remain silent.” The police must provide you with the Fifth Amendment, meaning you have the right to remain silent to avoid any incrimination against you while you’re in custody.  This right allows you to refuse to answer any questions that a law enforcement officer asks you until your lawyer arrives.

Stay Composed

Try to remain calm and polite while in custody and waiting. If you are panicked or too aggressive while being arrested, the authorities will match your tone. If you are composed while in custody—even if you feel your rights are violated—you may be able to avoid additional charges.

Contact Us Immediately

You must contact a criminal defense lawyer as soon as possible as this is one of the more crucial steps in order to be able to defend yourself. Prosecutors put you at a disadvantage due to their extensive knowledge of legal technicalities and statutes, and may be able to get a false confession or plea bargain out of you. Our criminal defense attorney in San Antonio TX will help you avoid mistakes and make sure you understand and exercise your rights. Don’t go through this situation alone, contact us today for more information.

Get Your License Back After A DUI

It’s never a good idea to drive while under the influence—it’s also illegal. If you are caught driving while under the influence, you will get your driver’s license suspended. In order to get your license reinstated, contact your DUI attorney serving San Antonio today and we will help you through the legal process.

The Process

If you are ready to get your license reinstated, you need to consult with the Secretary of State officer who will evaluate your case and eligibility before deciding the next course of action. Eventually, you’ll need to appear before this Secretary of State hearing officer in either an informal hearing or a formal hearing.

Informal Hearing

These hearings are when the DUI was a single, one-off incident and did not result in a fatality. You present your case in this hearing and you will get your license back, but it takes up to 90 days to hear your results.

Formal Hearing

These are for more serious charges such as multiple DUIs or the accident resulting in a fatality. You need to fill our the DAH H 12 form and pay $40 in order to have a formal hearing.

If you decide to seek help from our DUI attorney serving San Antonio, you’ll have a better chance of getting your driver’s license reinstated. We understand the law and can help defend your DUI case using years of experience and know-how. When it comes to being in the courtroom, we aren’t scared to provide you with aggressive representation for your case. Contact us today if you need to get your license back.

Avoiding Felony Drug Charges

Did you know that a large amount of Americans consume different types of drugs? Even though the drugs may be for recreational purposes, it’s important to understand that these drugs involve dangerous substances. As your San Antonio drug lawyer, Jesse Hernandez wants to make sure you know about drug charges and how not to find yourself in this situation.

Felony Drug Charges

Felony drug charges can vary depending upon what type of substance is found in your possession. Cannabis is the most commonly used drug and carries a lower sentence versus drugs such as heroin or cocaine. If you are caught with cannabis, it’s possible you’ll be fined $1,500 and can serve up to three months in prison. The severity of your sentence increases depending on the amount of cannabis you have.

Examples Of Felony Drug Charges

One example of a drug charge is if you have possession of drugs. over a certain gram amount. Another charge is possession with the intent to distribute. This is more severe than the prior example as it means you are selling with possible intent to harm other people instead of the potential to harm just yourself.

How Can We Help?

If you’ve been accused of possessing drugs, you still have your rights. Your San Antonio drug lawyer will help you defend yourself against the charges in court. Make sure you hire a lawyer because an experienced drug lawyer, like Jesse Hernandez, can help you avoid or at least persuade the court to keep your sentence as low as possible. Contact us today and we will fight for you.

Texas Teens and Sexting: The Legal Consequences

Cell phone use is on the rise with teenagers and unfortunately, this has been a leading factor in the common practice of “sexting”—sending nude photographs or sexually suggestive messages by text. Texas has enacted laws with penalties so make sure you are avoiding this and if you find yourself in trouble, contact our sexual assault lawyer in San Antonio today.

 

Teen Sexting In Texas

Texas has taken legal measures when it comes to sexting—the state punishes teen sexting under its law against electronically transmitting sexual depictions of children. This law explains how it is illegal for one minor to electrically send an image of someone younger than 18 years old to another minor. 

 

Sexting And The Federal Law

Sexting can be considered a crime under federal law depending on the circumstances. The PROTECT Act of 2003 makes it illegal to produce, distribute, receive, or possess with intent to distribute any obscene visual depictions of a minor engaged in sexually explicit conduct. The law criminalizes causing a minor to take part in sexually explicit conduct in order to visually depict the conduct. 

 

Penalties

Sending or receiving a “sext” from other minors is a Class C misdemeanor, with penalties that include a fine of up to $500 and may increase for second and subsequent convictions. 

 

Contact Us 

If you are in Texas and find yourself in a legal situation with sexting, make sure you contact our sexual assault lawyer in San Antonio. We can help you navigate the legal consequences and make sure you are represented in your time of need. Our team is prepared to provide tough defense and aggressive representation for our clients, so call us today for a free case evaluation.

What To Do After Being Wrongly Arrested

If you’ve been wrongfully arrested, there are a few steps to take to make sure you are able to drop the charges and keep your record clean for the future. As your criminal defense lawyers serving San Antonio, TX, we want to make sure you know if you’ve been wrongfully arrested and what to do next.

 

What Defines A Wrongful Arrest?

If you are arrested without probable cause, you can sue for a violation of your constitutional rights under the Fourth Amendment. This amendment guarantees all persons the right to be free from unreasonable search and seizure, including an arrest.

 

Can You Resist Arrest?

If you feel that you are being wrongfully arrested, you have the right to resist by telling the officer you think the arrest is wrongful. Once the statement is made, the officer has to demand that you present evidence to make the arrest considered wrongful. If the evidence is valid, the officer cannot arrest you, but if there is no evidence, then you must cooperate with the police. Sometimes you cannot present evidence to prove your innocence at the time of the arrest and you may still feel it’s wrongful. After the arrest, you can file a claim with the help of a lawyer.

 

Should You Sue?

One option after being wrongfully arrested is to sue for monetary damages. With the help of a professional lawyer, you can seek money from your arrest and you have the ability to sue the individual officer. If you want injunctive relief, you can pursue a claim against the state or state agency. Other reasons to sue can be due to lost wages, damage to reputation, embarrassment, and more. 

 

Did you know that wrongful arrests happen regularly in the United States? Make sure you contact our criminal defense lawyers serving San Antonio, TX if you find yourself in this situation. We will make sure you get the justice you deserve.