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It is my belief that every client deserves personalized, professional
and aggressive representation. At Whitaker, we fight for your rights so you don't have
to.
KYLE WHITAKER
Attorney At Law |
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As former Chief and Senior Assistant District Attorney’s, Kyle Whitaker
has the background, ability and knowledge to provide clients aggressive legal protection and representation. Our philosophy is simple but to often forgotten in the Courts today:
YOU ARE PRESUMED INNOCENT UNTIL PROVEN GUILTY. Because we believe in knowing each of our clients personally and their cases thoroughly, we are selective in the cases we accept. We take the time to handle each case with the hard work, investigation and dedication every client should expect and demand.
We have successfully defended clients in both civil and criminal cases, including Capital Murder, Felonies and Misdemeanor cases in State and Federal Courts as well as all levels of Appellate Courts.
With a combined experience of over twenty-five years in the legal community, we proudly stand on our reputation for being tough and professional.
Because of our extensive experience in the court systems we are able to handle release from jail, bond reductions, all levels of felony cases from homicide, sexual assault, drug cases, juvenile cases, all misdemeanor offenses, including DWI, as well as all level of Appeals.
We also provide personalized representation in all areas of civil law including divorce, child support, and personal injury cases.
If you seek personalized, professional and experienced representation contact our office for an appointment.
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| Criminal
Defense Trial Attorney Kyle Whitaker has successfully won cases in the areas of: |
| Federal –
The Federal government
also has laws, and breaking these laws is considered a federal crime. The
DEA, ATF, Customs and/or the FBI can investigate these crimes. Crimes that can be considered Federal are interstate and drug trafficking, weapons, homicide, robbery/theft, organized crime and crimes against children (child abduction, and domestic and international parental kidnappings).
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| Criminal
Appellate/Writs
- A criminal appeal is not a re-trial of the case and the process can take some time. In a criminal case once the defendant is found guilty of a crime at the trial level he or she has the right to appeal. To appeal the findings of the judge or jury, the defendant must generally file a written notice of appeal within thirty days of the decision.
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| Felony
Offenses – A felony crime is more serious than a misdemeanor, but the same offense could be considered either a misdemeanor or a felony depending on the degree of the offense. Felony crimes are serious offenses punishable by a heavy sentence. Crimes that are commonly considered to be felonies include grand theft, burglary, robbery, kidnapping, assault, sexual assault, possession and/or delivery of a controlled substance, and capital murder.
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| DWI
Arrest – Texas attorneys Lisa Mullen and Kyle
Whitaker have extensive experience in representing individuals accused of misdemeanor DWI , felony DWI and DWI-related charges of intoxication assault and intoxication manslaughter. Over
the course of many years, they have defended against DWI and DWI-related prosecutions throughout Texas.
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| Misdemeanor Offenses – Misdemeanor crimes are less serious crimes than felony offenses and are handled in the county court system. Crimes that are commonly considered to be misdemeanors include assault, possession and/or delivery of a controlled substance, prostitution, drunk driving, public intoxication and theft/burglary. However, a first offense misdemeanor crime can become a felony after repeated offenses.
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| Juvenile Law – Instead of being charged with a specific crime, juveniles are usually charged with being a delinquent or engaging in delinquent behavior. The objective of the juvenile court system is to rehabilitate the juvenile.
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| Family/Civil – The most common areas of family law are divorce, divorce decree modifications, divorce decree enforcement, child custody/child support modifications, paternity challenges and adoption.
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| Expungement/Seal Record – When a person wants to expunge their record they can petition the court in which the case was handled. Expungement means that all records associated with case are destroyed, including the arrest. Cases that may be expunged are as follows: case is dismissed and/or No Billed (if a felony case there is a statute of limitations), Exonerated (found not guilty), and Class "C" misdemeanors.
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| DWI / DUI FACTS AND INFORMATION |
A
Driving While Intoxicated Charge is Serious!
Getting a DWI is serious! You need to take it seriously. So should
your lawyer. Even a conviction for a first-time DWI can carry serious
consequences, not the least of which is $1,000 or more per year for
three years just to keep your driver’s license.
If you are like the vast majority of those who get arrested for DWI,
this is the ONLY way that you would ever have come into contact with
the criminal justice system. Only because DWI laws exist do many
people who would never dream of breaking the law find themselves
arrested, photographed, fingerprinted, and generally “treated like
criminals.” This IS serious business. And once you have posted your
bond, the whole process is really just beginning.
The Driving While Intoxicated
Laws
A first-time DWI is a “Class B Misdemeanor.” This means it carries
a criminal penalty of up to 6 months in the county jail and a fine of
up to $2,000.
A second DWI is a “Class A Misdemeanor.” This grade of offense
carries up to a year in county jail and up to a $4,000 fine.
A third DWI is a “Third Degree Felony,” which carries a penalty of
up to ten years in prison and up to a $10,000 fine. That is
penitentiary time, not county jail time.
A conviction for any of these also carries a mandatory driver’s
license suspension of at least a year.
Administrative License
Revocation
Since 1995, the State of Texas has had ALR. If you have been arrested
for DWI, you know the police officer serves on you a “Notice of
Suspension / Temporary Driving Permit” and takes your license away
from you.
From the date of your arrest, you then have 15 days to request a
hearing on what will otherwise be a mandatory driver’s license
suspension from at least 90 days for failing a breath test, to at
least 180 days for refusing to take a breath test. If this is not your
first DWI arrest, then the suspension times increase dramatically.
IT IS EXTREMELY IMPORTANT TO GET A HEARING REQUESTED AND NOT JUST LET
THE 15 DAYS GO BY!!
The ALR hearing is an opportunity that should be exploited. You have
the opportunity to make the arresting officer appear at the hearing
and give testimony. This could come in handy at a future trial. If you
took and failed a breath test, then you have the opportunity to make
the breath test operator and technical supervisor show up as well. And
if you request their presence and they don’t show up, you win. If
they do show up and you do not prevail, at least you have some
testimony you may be able to use later in fighting your DWI case.
The Collateral Consequences
“Collateral consequences” are those not specifically outlined in
the criminal codes, but nonetheless attach to a DWI conviction from
other sources.
I already mentioned the driver’s license “surcharge” of at least
$1,000 per year for three years just to keep your license. That is a
“collateral consequence” and a bad one at that. This surcharge was
enacted by the 2003 Legislature.
A DWI conviction carries other consequences as well. For instance, if
your insurance company finds out you are convicted of DWI, then it
will no doubt drop you and you will have to get “high risk”
insurance at a vastly higher cost. Car rental companies probably will
not rent a car to you if they know you are convicted of DWI. If you
have a job that requires you to be under a “fleet insurance
policy,” such as with a trucking company, you may lose your job if
the insurer finds out you have a DWI and drops you. The list goes on.
The Moral of the Story: FIGHT!
I go into a DWI case with the mindset that
we are going to fight it. I collect all the information I can so that
you can be in the best position possible to make the crucial decision
whether you want to go to trial or not.
There are two reasons I go into every DWI case with the intent of
fighting it: (1) the consequences I have already outlined above are
severe – too severe, really; and (2) DWI cases are WINNABLE.
Remember those tests you were given on the roadside? Here is the
breakdown on the accuracy of those tests as determined by the National
Highway Traffic Safety Administration (the agency that dreamed them up
in the first place):
Horizontal Gaze Nystagmus (the “eye test”): 77% accurate
The Walk & Turn (the “walk the line” test): 68% accurate
The One Leg Stand (“count to 30”): 65% accurate
The effective criminal defense lawyer with experience trying DWI cases
can make the jury understand this and thus be more apt to discount the
“field sobriety tests,” as they are called.
As you have probably guessed, most of the state’s witnesses in a DWI
case are going to be police officers. These officers have testified
time and time again in DWI trials. Effective cross-examination of
these officers requires experience with DWI and the issues surrounding
these particular cases (such as the field sobriety tests). But the
good news is that when your attorney has this experience and
knowledge, you almost always have a chance to win. more
information
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KYLE WHITAKER |
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at Law |
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MALLICK TOWER
Suite 906
ONE SUMMIT AVENUE
FORT WORTH, TEXAS 76102
(817) 332-7703 Office
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Handling cases in Tarrant County and Dallas County. Aledo, Arlington, Azle, Bedford, Cedar Hill, Cedar Park, Colleyville, The Colony, Corinth, Corpus Christie, Dallas, Denton, Euless, Fort Worth, Haltom City, Hickory Creek, Hurst, Grand Prairie, Grapevine, Keller, Mansfield, Red Oak, Richland Hills, River Oaks, Roanoke, Saginaw, The Colony, Trophy Club, Watauga, Waxahachie,
Weatherford, White Settlement, Willow Park.
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Not
Certified by The Texas Board of Legal Specialization
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Reproduction
of any material on this site without written permission is strictly
prohibited.
© Copyright 2005 KYLE WHITAKER, Attorney At Law. All Rights Reserved. |
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