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DO I HAVE TO GO TO TRIAL IN TEXAS?

Recent Blog Posts

What Constitutes Kidnapping in Texas?

 Posted on September 21, 2023 in Criminal Defense

Fairview Criminal LawyerKidnapping is a serious criminal offense that involves the intentional unlawful confinement, transportation, or abduction of another person against their will. In the state of Texas, kidnapping laws are in place to protect people from such acts and to hold perpetrators accountable. Your freedom may be in serious jeopardy if you have been arrested for kidnapping. Contact a lawyer to allow yourself to fight the charges and avoid the severe consequences of being convicted. 

Further Defining Kidnapping in Texas

According to Texas law, kidnapping is defined simply as knowingly abducting another person. 

Abduction refers to restraining a person intending to prevent their liberation or to hold them against their will. It is important to note that kidnapping can occur even if there is no demand for ransom or if the person is not moved a significant distance.

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Three Ways Federal Crimes Differ from State Crimes

 Posted on September 14, 2023 in Criminal Defense

Plano Criminal LawyerThe United States legal system is composed of two distinct jurisdictions: federal and state. While both handle criminal cases, there are significant differences between federal and state crimes. Understanding these differences is important for anyone ever arrested and charged with a crime at the state or federal level. Suppose you are facing criminal charges, regardless of whether they are state or federal charges. In that case, you need to strongly consider contacting a lawyer, as not doing so will likely escalate your legal troubles. 

Three Ways State and Federal Charges Are Different 

  1. Jurisdiction and authority – Federal crimes are offenses that violate federal laws enacted by Congress, such as drug trafficking across state lines or federal tax evasion. On the other hand, state crimes involve violations of laws enacted by individual states, ranging from murder, theft, and much more. Federal crimes fall under the jurisdiction of federal courts, while state crimes are typically prosecuted in state courts. The jurisdictional differences stem from the division of powers between the federal government and individual states under the U.S. Constitution

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Are DWI Blood Tests Always Accurate?

 Posted on September 06, 2023 in Criminal Defense

Allen Criminal Law AttorneyBlood tests in DWI (Driving While Intoxicated) cases can play a critical role in determining a person’s level of alcohol or drug impairment while operating a vehicle. These tests are generally regarded as being more accurate than breathalyzer tests. However, it is essential to understand that blood tests are not always flawless, and there may be instances where their accuracy is called into question. If you have been charged with DWI and a failed blood test is relevant to your case, understand that you have legal options to pursue at this time. Contact an attorney to understand how best to move forward to fight the charges and clear your name, as Texas law treats DWI offenses very seriously. 

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What Happens if I Had My Child in the Car and I Am Arrested for DWI?

 Posted on August 30, 2023 in Criminal Defense

McKinney Criminal LawyerYou may be feeling sick to your stomach if you are facing charges for driving while intoxicated (DWI) with a child passenger. The legal consequences are severe because this could lead to child endangerment charges which could affect your rights as a parent. If you have been arrested for DWI with a child in the car, a knowledgeable criminal defense attorney can help.

What are the Penalties for Driving Drunk with a Child Passenger?

Under state law, a child does not have to be injured for you to be charged with DWI with a child passenger. In Texas, anyone who drives while intoxicated with a child under the age of 15 is breaking the law. Intoxicated means that the driver had a blood alcohol concentration of 0.08 percent or higher. Here are potential penalties you may face:

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What Can I Do to Get Out of Jail Sooner?

 Posted on August 28, 2023 in Criminal Defense

McKinney DWI LawyerWe know that it can be nerve-wracking to be in a jail cell unsure of what is going to happen after an arrest. What is worse, if you are arrested over the weekend you could end up behind bars for several days before you have a chance to see a judge. To get out of jail sooner, if you qualify, you can get an attorney writ bond. A Collin County lawyer will look into the charges you are facing and try to help you get home faster.

What is an Attorney Writ Bond?

Under Texas law, the person arrested is supposed to go before a judge to have a bond set before being released. Your attorney will see why you were arrested and how serious the charges are. Usually, people who have been arrested on criminal charges such as driving under the influence, possession of marijuana, or theft qualify for an attorney writ bond. That is just a legal way of saying that an attorney can arrange with the Collin County Sheriff's Department to get you out of jail so that you do not have to see a judge. The good news here is that this can take two to four hours instead of days.

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What Happens if You Are Caught With Cannabis in Texas?

 Posted on August 11, 2023 in Criminal Defense

Allen Criminal LawyerMany states have moved towards legalizing marijuana. Some states, like Colorado and Illinois, have legalized cannabis for recreational use. Other states, like Ohio, have medical marijuana programs that allow people with certain medical conditions to use cannabis. Texas, on the other hand, has only a compassionate use program that allows low-THC products for people with certain illnesses like cancer. Anyone other than a registered participant in Texas’s compassionate use program is not permitted to possess any amount of cannabis or THC products. This means that if you are caught with marijuana in Texas, you will likely be arrested. Even if you only had a small amount for your own personal use, you could face jail time. The penalties may be far more serious for those caught with larger amounts of cannabis. If you have been arrested for a marijuana-related offense in Texas, it is important to find excellent legal representation. 

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Understanding Aggravated Assault Charges in Texas

 Posted on August 03, 2023 in Criminal Defense

McKinney Assault Defense LawyerBeing charged with simple assault can expose you to serious legal penalties. Even the simplest forms of misdemeanor assault can lead to jail time and leave a black mark on a criminal record you may never be able to move past. However, if you are charged with aggravated assault, your situation is a fair bit more serious. Aggravated assault is a felony rather than a misdemeanor and could result in over a year of time in prison if you are convicted. The main difference between simple and aggravated assault is the seriousness of the assault. In Texas, assaults that result in serious bodily harm or involve the use of a deadly weapon can be considered aggravated assaults. Because aggravated assault is generally considered a violent crime, while simple assault is not, the penalties are far more serious. If you are facing aggravated assault charges in Texas, it is important to make finding an experienced criminal defense attorney a high priority. 

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What Are the Penalties for DWI Resulting in Injury or Death in Texas?

 Posted on July 31, 2023 in Criminal Defense

McKinney Drunk Driving Defense AttorneyDriving while intoxicated (DWI) can lead to tragic consequences, including serious injuries or even death. In Texas, like many other states, the law treats these cases very seriously due to their potential for harm. While all DWI offenses are taken seriously by law enforcement, situations in which drunk driving allegedly led to someone being injured or killed are likely to result in especially severe penalties. Those who could potentially face charges of intoxication assault or intoxication manslaughter will need to understand their options for defense, and by working with an experienced attorney, they can take steps to protect their rights and resolve their cases successfully.

Texas DWI Laws and Penalties

In Texas, a person may be charged with the offense of driving while intoxicated if they were physically or mentally impaired due to the use of alcohol or drugs. When drunk or intoxicated driving results in injury or death, additional charges may be imposed on top of the penalties that would apply for DWI. These charges may include:

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If I Buy Cannabis Legally in Another State, What Happens if I Bring it Back to Texas?

 Posted on July 24, 2023 in Criminal Defense

Allen Drug Crimes LawyerMore and more states are beginning to legalize marijuana for either medical or recreational purposes. If you live near the New Mexico border, it is not difficult to drive across the state line, purchase THC products, and then drive home. While cannabis may be legal in New Mexico, it becomes illegal as soon as you cross the state line back into Texas. It is also federally illegal. Upon returning to Texas, you could be arrested if you are caught with cannabis. You could face serious charges, ranging from simple possession for personal use to drug trafficking or possession with intent to distribute. If you purchased a large quantity, it is more likely that you could be charged with a felony rather than a misdemeanor. Although you may have heard that others have succeeded in retrieving cannabis from New Mexico or another legal state, doing so means taking a significant risk. If you have been arrested for having THC products in Texas, it is important to take the situation seriously and find a skilled criminal defense lawyer. 

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Could I be Charged With Domestic Violence for Fighting With My Roommates?

 Posted on July 18, 2023 in Criminal Defense

Allen Criminal LawyerDue to the rising cost of housing and the stagnation of wages, more and more young adults are choosing to live with roommates. Roommates can be fun to have if you all get along well. Unfortunately, conflict often arises when there are very different people trying to cohabitate in the same house or apartment. There is a general loss of privacy that comes with living with others. You may find that some of your roommates are messy while others are neat, or that some are night owls while the others are early risers. Conflict between roommates can easily build up until one day, it turns violent. There does not need to be a full-blown attack or brawl for criminal charges to be levied. In fact, as little as a shove or slap can be considered an assault. If this action is taken against a person you live with, you could be charged with domestic violence. Domestic violence is a far more serious charge than simple assault. If you are facing domestic violence charges after assaulting a roommate, it is important to seek the advice of an attorney immediately. 

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