Posted on July 07, 2023 in Criminal Defense

Getting a DWI may seem like a relatively minor issue - it is a misdemeanor in Texas after all, at least in most cases. However, it can have a major impact on your life and your finances. You probably know a little about the judicial consequences of a DWI. You could go to jail, and you may need to pay a fine. In Texas, that fine can be up to $2,000. However, the fine is far from the only financial impact you may face as a result. These additional non-judicial penalties are collectively known as “collateral consequences.” Many people who have a criminal conviction find that the societal collateral consequences are worse than the judicial penalties. If you have been arrested for a DWI in Texas, it is important to speak to an attorney as soon as possible. Ideally, you should speak with a lawyer before your first court appearance so that your own attorney can be the one defending you from the outset. 

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 Posted on June 29, 2023 in Criminal Defense

The foundation of every criminal case in the United States is that each defendant is innocent until proven guilty by a jury of their peers in a criminal trial. In every case, the defendant does not have to prove their innocence, but it is the prosecutor who has the burden of proof to prove their guilt. The burden of proof sets the standard that the prosecution must meet in order to secure a conviction. In criminal cases, this standard is set at “beyond a reasonable doubt.” This stringent requirement reflects the importance of protecting the rights and liberties of individuals and emphasizes the need for a strong and compelling case against the accused.

Evidentiary Responsibility

Because it is the prosectuor who has the burden of proof in a criminal case, they must present credible and convincing evidence to establish each element of the crime charged. This responsibility includes both the duty to produce evidence and the obligation to present it in a manner that is logical, coherent, and legally admissible. The prosecution must present a narrative that connects the evidence to the elements of the offense and leaves no reasonable doubt as to the defendant's guilt.

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 Posted on June 23, 2023 in Criminal Defense

Thousands of Texans are arrested yearly on drug charges, ranging from possessing marijuana and THC products to more serious narcotics-related offenses. If you fail to address the charges against you, you could face serious legal repercussions including hefty fines or imprisonment. However, it's worth noting that writ bonds can offer considerable relief for defendants - a detail that is often overlooked. This article will explore the intricacies of writ bonds and their significance in drug-related cases.

Understanding Drug Charges

In the state of Texas, drug charges can vary widely in their severity. The penalty for drug possession depends on the type and amount of drug involved. If one has a small amount of marijuana, the consequence may be a fine, but possessing a larger quantity of potent drugs could result in a long prison term. If you are caught with drugs, regardless of the type, you will be subject to arrest and the legal system. This could be a stressful and disruptive experience leading up to your trial or plea bargain.

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 Posted on June 13, 2023 in Criminal Defense

If your son, daughter, spouse, partner, or other loved one was accused of stealing from a retail store, you may be unsure of how to help them. Shoplifting charges can carry serious consequences, such as costly fines and even jail time. One important step you can take to help your loved one is to secure an attorney writ bond.

A Writ Bond Can Get Your Loved One Released Sooner

An attorney writ bond allows a criminal suspect to be released from police custody or jail much sooner than he or she would otherwise be released. In order for a judge to grant an attorney writ bond, they must be convinced that the accused individual will appear in court for their bond condition hearing. An attorney writ bond essentially serves as a promise that the accused will show up in court, and it is backed by a financial guarantee. If the accused fails to appear for their court hearing, they forfeit their bond and the amount of money that was put up to secure their release.

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 Posted on June 02, 2023 in Criminal Defense

As the school year ends and many high school and college students begin their summer breaks, the potential for underage drunk driving arrests increases. Like all other U.S. states, the legal drinking age in Texas is 21. Individuals under age 21 are not permitted to purchase or consume alcohol, let alone drive under the influence of alcohol.

If you, your child, or a loved one were accused of drunk driving, it is important to understand the potential penalties as well as your legal options.

Penalties for Underage Drunk Driving Depend on The Driver’s Blood Alcohol Concentration

In Texas, there is a zero-tolerance policy for underage drinking and driving. This means that a driver who is under 21 years of age may face legal consequences for having any detectable amount of alcohol in their body. You do not have to be over the legal limit to be charged with a criminal offense if you are under 21.

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 Posted on May 26, 2023 in Criminal Defense

Over the five months that marked Texas’s 88th legislative session, over 3,400 resolutions and 8,000 bills were filed. With less than a week to go in the session, fewer than 850 bills had passed. Sometimes, legislative action helps to improve the state’s criminal justice system. However, it is not a secret that some actions tend to harm those who have been accused or convicted of criminal wrongdoing as well. As a result of both of these realities, it is critically important that those who are facing criminal allegations remain informed about the ways in which the law is constantly changing. In doing so, they may be able to craft a more successful criminal defense strategy than they otherwise might.

Inaction Was the Order of the Day 

There were several legislative priorities concerning the state’s criminal justice system that were contested during this legislative session, only to “die” before reaching the governor’s desk. Of particular note was Senate Joint Resolution (SJR) 44. Although more than 3,100 resolutions introduced during the session passed, this measure – which seeks to amend the Texas Constitution – has been postponed.  

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 Posted on May 19, 2023 in Criminal Defense

It has widely been observed that so-called “stand your ground” laws are among the most misunderstood legal permission structures on the books in any state. Perhaps due to the forceful, empowering, and straightforward message conveyed in the nickname for these laws, there is too often a sense that individuals who wish to use force to protect themselves, others, or property can simply do as they please and raise these state laws as a defense if they are prosecuted for causing someone harm. In reality, it is not that simple.

Self-Defense Laws in Texas 

The act of self-defense is protected in specific and limited ways by the law. While stand your ground legislation expands the traditional foundations concerning when, how, and why someone can exercise force in self-defense, no state’s law permits the use of force – let alone deadly force – without justification.

Texas law states that a person is justified in using force against another individual when he or she “reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force.” Furthermore, the type of force used must be appropriate, given the nature of the threat he or she faces. 

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 Posted on May 15, 2023 in Criminal Defense

If a loved one has just been arrested, you may be working desperately to get them out of jail. Unfortunately, you may be running into a scenario wherein a judge or magistrate is not available to conduct a bond hearing for several days. Perhaps it is a weekend, a holiday, or the official assigned to your loved one’s case is simply overbooked. Regardless of why your loved one cannot immediately participate in their bond hearing and be released, they will likely need to sit in jail until that hearing takes place. That is, unless they qualify for an attorney writ bond.

What Is an Attorney Writ Bond?

Under certain circumstances, a licensed attorney in Texas is permitted to enter into an arrangement with a local Sheriff's Department to get a defendant out of jail before they have participated in a formal bond hearing.

Who Is Eligible for an Attorney Writ Bond?

This opportunity is generally reserved for relatively low-level alleged offenders. For example, your loved one may be eligible for an attorney writ bond if they were arrested for possession of marijuana, impaired driving, or other non-violent offenses. This opportunity is not available for those who have been arrested for assault, most sexual offenses, and any crime that is classified as a felony.

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 Posted on May 05, 2023 in Criminal Defense

It is very important that anyone who is facing driving while intoxicated (DWI) charges in Texas understand the gravity of their situation. “Even” a first-time alleged impaired driving offender can be sentenced to harsh punishments and suffer collateral consequences ranging from job loss to being painted as an unfit parent in family court in the event of a conviction. Yet, it cannot be denied that some DWI charges are more serious than others. For example, anyone who is convicted of a DWI while transporting a minor under the age of 15 will risk consequences that are far more severe than they would be had a child not been in an alleged offender’s vehicle at the time of their arrest.

The Particulars of Texas Law

Texas Penal Code Sec. 49.045 classifies the act of operating a vehicle while intoxicated when a minor under the age of 15 is in the vehicle as a state jail felony. This means that anyone who is convicted of this charge risks the following sentencing terms:

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 Posted on April 26, 2023 in Criminal Defense

Driving while under the influence of marijuana can result in serious legal consequences, including hefty fines, license suspension, and even jail time. In Texas, driving while intoxicated (DWI) laws apply to alcohol and drugs, including marijuana. Being charged with a marijuana DWI can be a frightening and overwhelming experience, but there are defense strategies that can be used to fight the charges. To combat these charges, hire a DWI attorney to understand your rights and legal options.

Overcoming a DWI Marijuana Charge 

Here are examples of legal strategies when fighting a DWI marijuana charge, including:

• Challenge the Stop – The police must have a valid reason to pull over a driver. If the stop was not justified, any evidence obtained during the stop may not be able to be used in court. A skilled attorney can review the circumstances of the stop to determine if there were any legal grounds for the stop.

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