Soyars & Morgan Law, P.C. is a San Antonio Trial Attorney firm committed to designing a personalized defense strategy that’s right for you. If you need an aggressive, litigation strategy right from the start, then let us fight for you. We have successfully defended against hundreds of misdemeanor and felony cases throughout the San Antonio and surrounding Central Texas area and we are not afraid to fight for your freedom, your job, your reputation! We also understand that some clients have more specific goals in mind that do not necessarily include trial. At Soyars & Morgan Law, we recognize that your personal goals play a big part in how we approach a case and so we provide flexible pricing options so you can decide what approach is best for you. The team at Soyars & Morgan Law, P.C., promises that your case will be a priority and that you will receive personalized and prompt attention.
Criminal Defense Attorney Soyars & Morgan Law, P.C. can help you defend your DWI case with personal expertise and knowledge of San Antonio and surrounding areas’ law process. Being arrested for a DWI can be extremely stressful. It can affect your reputation, your career and even the custody of your children. Texas is serious about prosecuting DWIs and there are numerous direct and collateral consequences if you are convicted of a DWI, which include mandatory jail time, surcharges, ignition interlocks, and driver license suspensions. The good news is DWIs can be BEAT! They can be beat on the FACTS, the LAW or the ODDS! By making the consequences of a DWI conviction so severe, the Texas Legislature has given many citizens no other choice but to set their case for trial and the majority of cases sitting on the jury trial docket in County Courts are DWIs. Texas does not have the resources to prosecute so many cases, which means that if you are persistent and patient, you could take advantage of Texas’ DWI case overload. So be smart about your situation and make sure you act quickly—the Best DWI Defense can be developed by taking advantage of the Administrative License Revocation Hearing (ALR).
Administrative License Revocation Hearing—15 Day Deadline!
The Soyars & Morgan Law Firm is ready to help you immediately. Whatever your situation, time is of the essence! When you are arrested for a DWI and you refuse to provide a sample of your breath or blood, or you provide a sample that has a blood alcohol content of .08 or more, then you will receive a Notice of Driver’s License Suspension that advises you that you have the right to contest the suspension by requesting an Administrative License Revocation Hearing (ALR) within 15 days of receiving such notice. If you fail to request the ALR within 15 days, then you waive your right to the hearing. Exercising your right to an ALR is advantageous for two reasons (1) it can help keep your license from being suspended, and (2) help build your defense against the actual DWI charge itself. Generally speaking you are not permitted to question law officers prior to the criminal trial, but the ALR provides just such an opportunity—which helps lock down the officer’s testimony to prevent him or her later filling in the gaps after the criminal prosecutor informs them there are possible holes in the case and it helps us uncover additional weaknesses in the State’s case that we might not otherwise be aware of if we hadn’t been able to question the officer prior to the criminal trial itself. SO CALL US TODAY AND ENSURE THAT YOU ARE DOING EVERYTHING POSSIBLE TO STRENGTHEN YOUR DEFENSE!
ALR hearings are held in completely separate courts from the underlying DWI charge. ALR hearings are held in an administrative court and they are basically little mini-trials that include requesting discovery, subpoenaing & questioning witnesses, and ordering transcripts. You are not required to appear at the ALR settings and we will make each of your appearances for you so that you do not need to miss work, school, or whatever else is going on in your life.
In Texas, DWIs are not eligible for Deferred Adjudication so any plea you take on a DWI offense will be a conviction, meaning it will be permanently on your criminal record and can never be eligible for Non-Disclosure or Expunction. To avoid this harsh outcome usually the only option available is to set your DWI case for Trial and FIGHT IT! BOTTOMLINE—SETTING YOUR DWI FOR TRIAL IS GENERALLY A LOGICAL AND NECESSARY DEFENSE STRATEGY!
Soyars and Morgan Law, P.C. serves San Antonio and the surrounding communities. If you are anticipating the joys of adoption or the pain of marital conflict and need help with divorce or to resolve child custody issues, Soyars & Morgan Law, P.C. can help. Serving the area for 15 years, our team of attorneys provides legal services in all areas of family law, including:
Child custody and visitation
Child support modification and enforcement
Juvenile delinquency and dependency proceedings
Pre- and post-nuptial agreements
We assist families with all aspects of international and domestic adoptions. Our attorneys handle the legalities of your adoption so that you can concentrate on your new family.
Divorce should not lead to financial crises. Our attorneys help you establish an equitable amount of spousal support.
Our divorce attorneys protect your parental rights to raise your children in an appropriate and supportive home.
Our attorneys can help ensure that you receive or pay an equitable amount of the financial support required to raise your children in a healthy, happy environment.
Child support payments do not change unless the court modifies the child support order. If either the custodial or noncustodial parent experiences a significant change in circumstances, our attorneys can guide you through the proper legal procedures to modify your child support payments accordingly.
Through mediation or litigation, our divorce law firm can help you gain the most equitable results from your divorce, including fair distribution of assets, division of marital home, child support payments and child custody rights.
Our attorneys are skilled at maneuvering through the complex laws of Texas to protect your parental rights from the interference of government authorities.
Mediation puts the decisions in your hands, and can often provide more expedient, predictable results than a trial. Our skilled negotiators can help you obtain the most equitable divorce settlement.
We expect the unexpected and drafts premarital agreements that protect both spouses’ interests and that can alleviate some of the stress should you ever divorce.
If you are facing drug possession charges in the San Antonio area, it is important to take those charges seriously. Soyars & Morgan Law Offices has handled all types of drug cases ranging from possession of marijuana to first-degree felony drug cases. If facing a misdemeanor drug case in Bexar County and are under the age of 21 with no prior arrests CALL TODAY to make sure you are not missing an opportunity to take advantage of Bexar County’s new MILES Program. It is a Bexar County pretrial intervention program that allows you to get the charges dismissed. If your drug case is out of Hays County, it is even better. Hays County also offers a pretrial diversion program for first-time drug offenders and Hays County is more flexible in admitting offenders that are over 21 years of age. So call the Soyars & Morgan Law Firm today to see if you will likely qualify for one of these great opportunities. Bexar County requires you to have an attorney and imposes a strict 60-day deadline to apply, so don’t delay.
If you are over 21 and your drug case is not a Bexar County or Hays County case and you are not a first time offender or are facing a felony charge, you will need to retain an attorney to fight the charges or help you negotiate the best resolution possible under the circumstances. Not all drug cases go to trial, but it is important to make sure that nothing can be done to prevent this type of offense from going down on your permanent criminal record.
Assault cases involving family violence, also called domestic violence cases, are very serious because of the collateral consequences that arise from the “finding of family violence” that is associated with them. If you have been arrested or charged with Family Violence, don’t speak with investigators or prosecutors until you have a chance to speak with your attorney. Domestic assault charges can generate harsher penalties. Family Violence, domestic abuse, spousal battery, or stalking will require an aggressive, highly experienced criminal defense attorney.
Jodi Soyars is a San Antonio family violence defense attorney with more than 15 years of criminal law experience dealing with family violence charges. Your reputation, your future, and even your freedom are at stake, so you should begin an aggressive defense against any family violence charges immediately. The sooner you contact a San Antonio Family Violence Defense Attorney, the sooner she will be able to begin building your defense. Don’t get discouraged or automatically assume that nothing can be done to help yourself. Call us today and let us start a personalized defense strategy that is right for you.
At the Soyars & Morgan Law Office, we understand that despite the serious consequences of a family violence conviction, the reality is domestic violence cases are often very difficult for the State to prosecute. The State often has a difficult time prosecuting domestic violence cases because it generally comes down to a “he said, she said” argument with no other witnesses that can testify as to what actually happened. Call an experienced San Antonio Family Violence Attorney today and let Jodi get started designing a personalized defense strategy that is right for you.
Family violence is the intentional or reckless infliction of physical or sexual harm against a family member or an individual or partner with whom you have a relationship. When you have been charged with domestic violence or assault against a spouse, girlfriend, boyfriend, partner, child, parent or guardian, or a sibling, you will need to seek the advice of an experienced San Antonio family violence attorney as soon as possible. Family Violence or abuse can happen in a marriage or relationship or within a family and does not discriminate based on gender, race, ethnicity, sexual orientation or any other factors. Domestic abuse can happen to anyone. There is no direct cause or reason family violence occurs, other than factors attributable to the abuser or perpetrator. According to the U.S. Department of Housing and Urban Development, family violence is the third leading cause of homelessness among families.
Sadly, false allegations of domestic assault are not uncommon in divorce or child custody cases. The accuser could fabricate charges in an attempt to gain an advantage during the family law case. Without an experienced family violence lawyer, a protective order could be issued preventing you from returning home or seeing your loved ones. Family violence charges are serious allegations and require immediate action, so don’t hesitate and call for your free consultation with our San Antonio Family Violence Attorney.
If you are facing the serious consequences of a family violence charge, you need an experienced, aggressive Criminal Defense Attorney, that is willing to fight your conviction. Contact the Soyars & Morgan Law Offices and let us start working on your defense today.
Surprisingly, property crimes make up the majority of criminal cases in our courts. Property crimes include things that affect another party’s property. In some cases they are considered violent crimes or even crimes of moral turpitude, because they indicate something about one’s moral or ethical behavior. Because of the frequency of occurrence, Soyars and Morgan Law has considerable experience in these cases.
Theft, shoplifting, theft of person, burglary of vehicle, motor vehicle theft, burglary of building, burglary of habitation, robbery, etc. are often classified as crimes of moral turpitude and often affect one’s ability to get and stay employed. So it now only affects your short term earning potential, but also often your long-term earning potential.
The facts surrounding a theft crime can vary tremendously, sometimes it is a young adult just not thinking about the long-term consequences. Other times, it is someone trying to just provide for their family during hard times. And then there are the cases that just didn’t happen at all—the truly innocent person that just got distracted on their cell phone walking out of a store and not realizing they happened to have merchandise with them. If you can identify with any of these storiesthen, give us a call so we can help defend you.
Most of these cases seem pretty solid, until the State actually has to prove what it is alleging happened. It is often hard for the State to get its witnesses to court to testify in these type of cases, so one never knows how solid the State’s case actually is until we actually get to trial. This tends to work in the Clients favor. So, before assuming nothing can be done to help, CALL AND SPEAK DIRECTLY WITH JODI, AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY THAT HAS SUCCESSFULLY DEFENDED AGAINST CASES JUST LIKE YOURS.
Robbery, burglary and arson are often considered violent crimes. If the offense results in serious bodily injury or is committed with a deadly weapon, then the State can enhance the offense and you would be exposed to harsher punishments and more limited options for resolving the case through a plea agreement.
If you are facing charges involving property crimes such as burglary, theft or criminal mischief, you need to build your defense as soon as possible. You could face a lengthy incarceration, lose your job, suffer a damaged reputation or encounter housing issues with a property crime conviction. Such serious consequences need to be aggressively defended with the help of an experienced property crime attorney. Jodi Soyars has over 15 years of Criminal Defense experience defending people facing property crime charges. If you have been charged with a property crime, you should contact an attorney as soon as possible to begin your defense. Contact San Antonio Property Crime Attorney Jodi Soyars today for a free, confidential consultation.
There are several different property crimes, some more serious than others. Crimes such as robbery and burglary are categorized as felonies and carry much more serious consequences.
If you are charged with theft or criminal mischief, the level of your offense will be determined by the amount alleged to have been stolen or damaged.
Other types of offenses such as Burglary, Forgery and Robbery are considered more serious just by there very nature and will start out as felonies and increase in penalty level depending on the circumstances of the offense. For instance, Robbery starts out as a 2nd degree felony but it can be enhanced to a 1st degree felony otherwise referred to as “Aggravated Robbery” if a deadly weapon was used or the victim was elderly, disabled or sustained serious bodily injury.
When you have been charged with a property crime, contact San Antonio Criminal Defense Attorney Jodi Soyar for a confidential, consultation.
If you have been charged with an Internet crime, you should speak with a lawyer before making any statements to the police. Federal, State and local law enforcement have recently increased their investigation efforts into cyber crimes. The laws governing Cyber Crimes are complicated and carry severe fines, jail time, and the loss of certain civil liberties. Jodi is ready to mount an aggressive defense that challenges police procedures and exploits any flaws in the prosecution’s case. If you are facing charges involving cyber crimes, you need a experienced San Antonio Internet Crime Attorney. Contact us today for a consultation.
Cyber crime has an expansive definition that includes any crime conducted via the Internet, network or digital device. These e-crimes include using the Internet with the intent to disrupt the normal operations of a business or person by fraud, unauthorized destruction of data, or publishing confidential information. Internet crimes also include the unauthorized use of someone’s likeness or image without permission, identity theft, or the use of the Internet to facilitate drug trafficking or violence. An individual commits a Internet Crime if they knowingly and without authority use a computer and the Internet to remove change or erase date, cause a malfunction, alter a financial instrument or electronic transfer of funds. These e-crimes also include conduct intended to bully, harass or annoy someone by means of electronic mail, email, messaging or other correspondence over the Internet.
In an effort to fight Internet Crime and to collect relevant digital evidence for all crimes, law enforcement agencies are incorporating the collection and analysis of digital evidence, also known as computer forensics, into their infrastructure. Law enforcement agencies are challenged by the need to train officers to collect digital evidence and keep up with rapidly evolving technologies such as computer operating systems. This can often lead to law enforcement mistakes that can be used in your defense. The laws governing Internet Crimes are complicated and evolving, so you need a San Antonio Internet Crime Attorney with experience and knowledge of laws governing the Internet. It is extremely important to choose the best defense lawyer to defend your constitutional rights.
Capturing digital evidence, such as that found on cellular phones, GPS devices, computers, tablets and network servers, are used to solve cyber crimes. Digital evidence now plays a role in virtually every crime, including those thought of as street crimes like homicide, robbery, drug crimes, and theft. Other crimes may occur entirely online, like stalking or identity theft. If you are charged with a crime and the evidence against you includes digital evidence, you are going to need an experienced Cyber Crime Attorney. Call and speak with an experienced Criminal Defense Attorney today.
In an initial consultation, we will learn the information needed to complete a comprehensive plan. Our firm will help you put together a basic package that typically includes a Last Will and Testament, Statutory Durable Power of Attorney, Medical Powers of Attorney, and Advanced Physician Directives.
If needed, we will add directives and vehicles to cover your needs such as trusts, guardianships and powers of attorney for children. We put together the necessary documents and ensure your plan is complete. Once we have resolved your estate planning needs, our team will assist you in formally finalizing your plan in compliance with State law.
Why You Need to Have a Will.
A will is a foundational part of every individual’s estate plan, regardless of the size or nature of the estate. This estate plan basic can dictate how your estate, assets and legacy will be divided among your loved ones or charitable foundations. The rest of your estate plan can then be built around your will.
It is important to avoid generic will templates, as they will not always meet your needs and often result in mistakes that prevent your wishes from being met. At Soyars & Morgan we take the time to work with each client in order to understand your specific needs and how to meet those needs in an efficient and affordable way.
When is a Trust Necessary?
A trust is basically a vehicle that holds assets with rules that govern how and when a beneficiary receives them. For instance, a trust may be set up for minor children who are unable to handle their own finances. A special needs (supplemental needs trust) ensures that a loved one is not cut off from government benefits, such as Social Security Income, Social Security Disability, Medicare and Medicaid. To qualify for these benefits a single person must own less than $2000 of countable assets. This is why it is generally a bad idea to give assets or a gift directly to a loved one who is disabled and receiving government assistance.
Trusts may even be used to avoid probate. Why would you want to avoid probate? Some people don’t want the Courts to oversee how their assets are disposed of. In addition, a Trust can have special tax benefits.
Three Documents More Important than a Will.
While a Will is an important document to have, a will only goes into effect once you die. It does not have any power while you are still alive. It is very important to have effective documents which control your assets and dictate your medical wishes while you are alive but unable to make these important decisions. At Soyars & Morgan Law, we believe that there are three documents, in addition to your Will, that vital for every person to have; Statutory Durable Power of Attorney, Medical Power Attorney and a Declaration of Guardianship. Planning for your death is smart, but planning for you while you’re still alive is even smarter.
Powers of Attorney
A Statutory Durable Power of Attorney form allows the person creating it to designate a person to act on his or her behalf on a wide range of financial and legal issues. When executing a power of attorney, the individual doing so may decide to strictly limit the powers given to the named power of attorney (POA), or the power can be broad and wide reaching. Naming a POA can make one’s life easier when on is unavailable to get to the bank, or out of town and dealing with something that has happened their house or car. It can also alleviate the need for court intervention upon incapacitation of the individual.
Medical Power of Attorney
A Medical Power of Attorney is specifically concerned with medical decisions. This document may also be called a designation of a health care agent. The person designated as one’s power of attorney can also serve as the medical power of attorney, but this does not have to be the same person. While a statutory durable power of attorney may become effective immediately, a medical power of attorney will only become effective upon incapacity of the individual.
It is common to also file a Directive to Physicians, articulating specific wishes should an individual become terminal or diagnosed with an irreversible condition, but having both a medical power of attorney and directive to physicians is not necessary. If you have both, the person designated as the medical power of attorney will be called upon to made decisions for matters not covered in the Directive to Physicians.
Declaration of Guardianship
The Declaration of Guardianship is a document designed to help head off the conflicts over guardianship. Guardianship refers to the area of law that covers those who are taking care of others who are unable to care for themselves. An individual who has been deemed by the Court as an incapacitated person is called a Ward. A guardian is someone who is appointed by the Court to be legally responsible for caring for a Ward.
When an adult is determined to be incapacitated, whether as a result of dementia, Alzheimer’s, brain injury or some other means, they have been deemed to be unable to make any decisions or choices regarding their care and finances. When such a determination is made the Court will name a guardian to undertake the Ward’s care.
Before an individual can be deemed incapacitated the Court has to determine to its satisfaction that the individual is in fact incapable of taking care of themselves. This evaluation involves medical assessments which can be determined by a licensed medical physician or psychiatrist, but the exam must have occurred within the last four months. If the Ward’s incapacity is questioned in a case, a court-appointed medical physician may be brought into the case to make a separate assessment to corroborate or challenge the initial assessment. In addition to the medical exam, the applicant must show that they have looked into supports and services for the proposed Ward and that those available are not enough without the court granting a guardianship.
There are two types of guardianships: temporary and permanent. A temporary guardianship is used to protect a proposed Ward from exploitation, abuse or some other situation needing immediate attention. A permanent guardianship is initiated when there are ongoing concerns about the ability for the proposed Ward to care for themselves.
In a guardianship hearing, the proposed Ward will be assigned a State Bar of Texas certified attorney ad litem, who will represent his or her legal concerns. The purpose of the attorney ad litem is to advocate for the best interest of the proposed Ward.
A prospective guardian, called the Applicant, should have a lawyer to help through the process—especially if there is more than on Applicant seeking to become the guardian. While the appointed guardian will usually oversee both the personal care and the estate, the Court may choose to have those dual functions split between two people, with one overseeing the estate and the other overseeing the health and welfare of the Ward.
A Declaration of Guardianship helps to resolve potential conflict regarding who should care for you should you become incapacitated. In filing this document, you designate the person whom you wish to serve as your guardian should you become incapacitated and you either do not have the powers of attorney already assigned and/or because someone has obtained an improper power of attorney. Prior to incapacitation, you may designate in a declaration who you wish to make decisions on your behalf regarding your person or estate. The declaration will be presented to the Judge as an exhibit during the guardianship hearing. In addition to stating you want to be assigned as guardian, you may also indicate persons who shall be prohibited from obtaining such power over you in the event of incapacitation.
There are several categories of criminal behavior that are punishable by state and federal law. Unfortunately, many people feel that a person accused of a sex crime does not deserve a good defense. San Antonio sex crime attorneys at Soyars & Morgan Law believe that the state has to prove its case beyond a reasonable doubt, and in sex cases, the state often has a case resting on one person’s word against another’s.
Soyars & Morgan Law Firm is prepared to aggressively defend you against sex crime charges, including aggravated sexual assault charges. If you have been charged with a sex crime including sexual harassment, indecency with a child, child porn, rape, or if you are being investigated for any type of these crimes, it is important to seek counsel from an experienced San Antonio criminal defense attorney as soon as possible.
When it comes to allegations of sexual assault or sex abuse, many people have a tendency to see the accused person as guilty until proven innocent. It is important to remember that your words can be used against you. By hiring a defense attorney, you protect yourself from making critical errors that could jeopardize your case, leading to possible criminal conviction and registration as a Sex Offender. Whether the claim against you is the result of a vengeful false accusation, a mistake, or an error in your own judgment, we are committed to providing quality legal defense representation that can protect your rights and your reputation.
There are unfortunately too many situations in which people are convicted because they did not have effective representation, because they were not advised by a criminal defense attorney early enough in the process, or because their lawyer was not able to have unlawfully obtained evidence declared inadmissible. Soyars & Morgan Law represents clients who have been accused of, charged with or are under investigation for a sexual offense.
Hiring a lawyer does not create a presumption of guilt; in fact, a lawyer is always advantageous in sexual assault cases. If it is at all possible to achieve a case dismissal or avoid charges altogether, Jodi knows exactly what needs to be done. She will help you in pre-file, trial, and post-trial stages of the legal process, and will give you confidence that you are doing everything you can to defend your freedom. Soyars & Morgan Law has defended countless sex crime cases and has mastered the tactics involved in sex crime defense. Call today to schedule your consultation.