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Prosper Marijuana Possession LawyerMany Texas employers require applicants and employees to take a drug test. Workers are asked to provide a urine sample which is then tested for THC, cocaine, methamphetamine, opiates, and other drugs. Individuals hoping to get or keep their jobs often ask whether cheating on a drug test is illegal. There are products such as synthetic urine and blocking agents on the market that are used to falsify drug test results. Most people assume that job loss is the worst possible outcome of using these products. However, in Texas, it is possible to face criminal charges for falsifying a drug test result. 

What Happens If I Cheat a Drug Test for Work?

Texas is known for having strict drug laws. Marijuana, cannabis, and THC products are still illegal in Texas. Penalties for possession of small amounts of marijuana have been reduced in recent years, but it is still a crime to possess any amount of marijuana in Texas. There are only a few exceptions for the medical use of very low-THC marijuana products. Cultivation and delivery or sale of marijuana are penalized even more harshly. 

However, many people still use THC and other illegal substances. When their boss tells them they must take a random drug test, they panic. Some turn to products such as synthetic urine or even purchase another person's urine to use during the test. 

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Fairview Criminal Defense LawyerIf they are honest with themselves, most drivers would admit to driving above the speed limit at least once or twice in their lives. Some may also admit that they have shown off their vehicles by revving the engine, accelerating very quickly, racing other vehicles, or squealing the tires. Unfortunately, these seemingly harmless activities can result in very serious penalties if they are done in the wrong place at the wrong time.

Usually, speeding only results in a traffic ticket and a moderate fine. However, drivers who are involved in an accident causing injury or death because of alleged drag racing or flaunting may face felony charges.

Defining Street Racing in Texas

Street racing is a dangerous and illegal activity that has been on the rise in recent years. It often results in high-speed chases with police, accidents, and sometimes even deaths. The Texas Penal Code prohibits:

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Prosper Writ Bonds AttorneyReceiving a phone call from a family member who has just been arrested for drunk driving can be shocking and confusing. If you do not have much experience with the criminal justice system, you may be unsure of what to do. You may be overwhelmed with questions like, "Will my loved one go to jail? Can I bail them out? What are the next steps after a DWI charge?"

The first step is to remain calm. It is important to remember that being charged with a DWI does not mean that your loved one is automatically guilty. They are entitled to a fair trial, and it will be up to the prosecutor to prove their guilt beyond a reasonable doubt. There are a few things you can do to help your loved one through this difficult time.

Look Into Getting an Attorney Writ Bond So He or She Can Leave Police Custody

After a Texas DWI arrest, your loved one will likely be taken to the police station for processing. Once they have been processed, they may be eligible for an attorney writ bond. Typically, an arrested person has to wait in police custody until they can see a judge. This can take as long as two or three days. An attorney writ bond can get a DWI defendant out of jail within a matter of hours. You may be able to secure an attorney writ bond for your loved one without even leaving your home.

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Prosper Criminal Charges LawyerMost people assume that criminal charges can only lead to one of two outcomes: a guilty verdict or an acquittal. However, there is another potential outcome that is even more preferable than being pronounced "not guilty." In some cases, criminal charges against a person are dismissed entirely. Once charges are dismissed, the person is no longer facing any legal penalties or repercussions. He or she will be spared the stress and expense of a jury trial. Even better, the person can ask the court for an expungement that erases the arrest record and court files.

Reasons for Dismissal of Criminal Charges in Collin County

There are a number of reasons that criminal charges might be dismissed. One common reason is if the prosecutor decides that there is not enough evidence to convict the defendant. This could be because key witnesses are unavailable or because the evidence is not strong enough to prove beyond a reasonable doubt that the defendant committed the crime. In some cases, charges are dismissed because the defendant has been cleared by new evidence, such as DNA testing.

Lack of probable cause for the initial arrest can also lead to dismissal. Fortunately, in the United States, we have constitutional rights that prevent police from arresting us without justification. If there were no objective reasons for the initial traffic stop or arrest, the case against the defendant may be dropped before charges are even filed.

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TX defense lawyerAnything from a bar fight to a domestic dispute can lead to assault charges. It's important to understand that assault is a serious criminal offense that often results in life-changing consequences. Your personal reputation, professional career, and very freedom are on the line. If you've been accused of assault, make sure to contact a criminal defense lawyer for help right away.

Defense Strategies for People Accused of Assault

There are a number of ways to defend against assault or aggravated assault charges. The most common defenses used by criminal defense lawyers include self-defense, defense of others, and lack of intent.

  • Self-defense is when you use force against someone else in order to protect yourself from harm. In order for this defense to be successful, you must have reasonably believed that you were in danger of being hurt or killed and that using force was the only way to protect yourself.
  • Defense of others is when you use force to protect someone else from being harmed. Similar to self-defense, this defense can only be used if you reasonably believe that the other person is in danger of being hurt or killed and that using force is necessary to prevent this.
  • Lack of intent is when you did not intend to hurt or kill the other person. This can be difficult to prove, which is why it's important to have a criminal defense lawyer on your side.

There are other defenses that can be used in assault cases, but these are the most common. If you've been accused of assault, don't hesitate to contact a criminal defense lawyer for help. With their experience and expertise, they will be able to build the strongest possible defense for your case.

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TX defense lawyerMany people are surprised to learn that the act of planning a criminal offense with another person is, itself, a crime. Talking with another individual about a planned offense can lead to criminal charges for conspiracy – even if you did not follow through with the plan.

Federal criminal charges are often penalized by significant prison terms and other harsh consequences. If you or a loved one are facing charges for conspiracy or another federal offense, it is crucial that you speak to a lawyer right away. Do not consent to police interrogation or discuss the alleged offense with anyone other than your attorney. You have important rights, including the right to avoid self-incrimination, and you need to assert those rights immediately.

Understanding Conspiracy Charges

Federal law states that the crime of conspiracy occurs when:

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TX defense lawyerWhen a criminal suspect is arrested, they are taken into police custody where they must wait until they are brought before a judge and their bail is set. Most people who are arrested are everyday people with jobs, responsibilities, and family obligations. They do not have time to wait 24-48 hours in jail, nor do they want to. A Writ of Habeas Corpus, usually called an “attorney writ bond” or “writ bond” for short, is a special type of bond that allows an arrested person to get out of police custody or jail almost immediately.

Offenses in Collin County That Qualify for an Attorney Writ Bond

Licensed attorneys in Collin County have the authority to get a criminal suspect released from jail even if the person has not appeared before a judge. Most Class A and Class B misdemeanors are eligible for a writ bond. The main exceptions to this are family violence offenses. Only attorneys can secure a writ bond, not bail bondsmen.

If you or a loved one were arrested for one of the following crimes, you may be able to get a writ bond from a lawyer:

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TX dfense lawyerWorking with a criminal defense lawyer is one of the best ways to ensure that you have the legal advocacy you need when facing criminal charges. Whether you were arrested for assault, drunk driving, theft, or even homicide, a criminal defense lawyer’s job is to bring the strongest possible defense against the charges. However, with so many criminal defense lawyers practicing in the Collin County area, it can be hard to know which attorney is right for you. If you or a loved one were charged with a crime, make sure to ask a lawyer these questions before hiring him or her.

How Much Legal Experience Do You Have?

Lawyers often need upwards of seven years of college to earn a Juris Doctor (J.D.) degree and be qualified to practice law. However, all of the education in the world cannot beat the benefits of real-world experience. Make sure your prospective attorney has ample experience defending clients in criminal cases. Moreover, ensure that the lawyer has experience handling the type of charges that you are currently facing. If you are facing murder charges, a defense lawyer who only has experience with misdemeanor crimes may not be qualified to handle your case.

What Is Your Success Rate?

The ultimate goal of any criminal defense attorney is to secure a dismissal or “not guilty” verdict for his or her client. If this is not achievable, the attorney should seek to mitigate any criminal penalties such as jail time as much as possible. The attorney’s case results should speak for themselves. Does this attorney have a track record of acquittals? Has the attorney secured favorable plea deals for clients that were unlikely to be found not guilty at trial? Does the attorney have the resources, skills, and experience needed to know when to take a plea bargain and when it is better to fight for the client’s innocence at trial?

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TX defense lawyerFor many people, the last time they thought about the U.S. Constitution was in high school history class. We do not often think about how the Constitution affects our daily lives, but this document has a profound impact on our rights. If you were accused of a criminal offense, it is crucial that you understand your rights in this situation. It is even more important that assert those rights in order to protect yourself and your future.

You Have the Right to Avoid Self-Incrimination

Self-incrimination refers to the act of incriminating yourself or implicating yourself in a crime. The Fifth Amendment to the Constitution states that a criminal defendant cannot be compelled to testify against himself or herself. You may have heard someone say “I plead the fifth,” which means that they are choosing not to answer a question or reveal certain information. Our right to avoid self-incrimination is the basis of our right to remain silent and avoid answering police questions during an interrogation.

You Have a Right to Be Represented by Legal Counsel

The Sixth Amendment states that you have the right to be represented by a lawyer or attorney at trial or during plea bargaining. This is one of the most underutilized rights in the criminal justice system. People have a habit of underestimating how significant their situation is and failing to secure adequate representation. A lawyer can help you defend yourself against criminal charges, advocate on your behalf in court, and ensure your rights are not violated.

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TX defense lawyerIf you have not had much involvement with the Texas criminal justice system, you may be unfamiliar with many of the terms used by court officials and lawyers. Plea deals or plea bargains are often misunderstood by individuals accused of criminal offenses. Many people are unsure of what a plea bargain is, let alone whether they should take the deal or not.

If you were charged with driving while intoxicated, drug possession or drug distribution, theft, assault, or another criminal offense, it is important to understand how a plea bargain may influence your case.

Plea Bargaining in Texas Criminal Cases

When someone is charged with a criminal offense, this means that he or she is formally accused of the offense by the state. In the United States, individuals are assumed to be innocent until the state proves that they are guilty.

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TX defense lawyerIn Texas, crimes against a family or household member are subject to increased penalties. Assault family violence, domestic assault, and related offenses may be considered misdemeanors or felony offenses depending on the circumstances of the offense and the alleged offender’s criminal history. Sometimes, family violence convictions are punished by significant prison time.

If you or a loved one are facing accusations of domestic violence, abuse, or another crime, do not wait to take action. Contact a criminal defense attorney for help right away.

Understand What You Are Up Against

Conviction for any type of violent offense can have a lasting impact on the convicted person. If you are convicted of abuse or domestic violence against a spouse, partner, ex-partner, family member, or household member, you could suffer irreparable damage to your personal and professional reputation. You could face months or years in jail.

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TX defense lawyerWhen it comes to the legality of marijuana and cannabis products, state laws vary wildly. In Texas, the use, sale, or cultivation of marijuana is illegal. Medical marijuana containing low levels of THC is available for certain individuals diagnosed with medical conditions like epilepsy. However, medical marijuana users must receive a prescription from a physician and get the marijuana product from a licensed dispensary.

Regular Texans are prohibited from selling or otherwise distributing marijuana flower or THC products like edibles. If you or a loved one were charged with marijuana distribution, seek advice from a drug crimes defense lawyer right away.

Collin County Marijuana Distribution Charges

Selling even a small amount of marijuana flower, edibles, or other cannabis products can lead to criminal charges in Texas. The severity of the charges depends on the amount of cannabis allegedly sold.

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DWI lawyerPolice officers have a substantial amount of authority in the United States. However, police authority is not unlimited. Officers must adhere to certain rules and procedures during arrests and investigations. When police make procedural errors or other mistakes, it can have a significant impact on the outcome of a case. If you were arrested for driving while intoxicated, it is important to understand how improper police actions can improve your chances of avoiding conviction.

Lack of Justification for Traffic Stop

Individuals in the United States have a right to a certain level of privacy. Police and other government officials cannot detain people without justification. To pull a driver over for a traffic stop, police must have a reasonable suspicion that the driver committed a traffic violation or other crime. If a DWI arrest follows a traffic stop for which there was no justification, the charges could be dismissed.

Lack of Probable Cause for DWI Arrest

Just as officers must have reasonable suspicion of a crime to pull someone over, officers must also have justification for a drunk driving arrest. Police must have probable cause to arrest someone. Failing a field sobriety test or roadside sobriety test, the smell of alcohol on someone’s breath, and slurred speech may all be examples of probable cause for a DWI arrest.

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TX DWI lawyerDriving while intoxicated is a criminal offense in Texas. If convicted of DWI, an individual faces major consequences, including jail time. If an individual causes an accident in which someone is injured while under the influence, he or she can face charges for intoxication assault. DWI involving bodily injury or intoxication assault may involve drunk driving, drugged driving, or intoxicated operation of a boat or airplane. DWI resulting in serious bodily injury is a felony offense in Texas. If you or a loved one were charged with intoxication assault, speak to a criminal defense lawyer for help right away.

Drunk Driving That Results in Serious Bodily Injury

Alcohol, drugs, or even prescription medication can affect a person’s ability to drive safely. Because of this, states have passed legislation prohibiting intoxicated driving. DWI is punishable by three to 180 days’ incarceration, probation, community service, and steep fines for a first-time offense in Texas. However, if an intoxicated driver causes a crash in which someone is seriously hurt, the penalties are much more severe.

Per Texas law, intoxication manslaughter occurs when, as a result of intoxicated driving, someone causes serious injury to another.

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TX defense lawyerAs the school season ends and summer break begins, many high school and college-aged students are faced with a difficult decision: Do they wait until they are of legal age to drink, or do they drink alcohol before age 21?

Many young people find themselves at summer parties or events where alcohol is served to underage individuals. They may even have an older friend or family member who is willing to purchase alcohol for them. The temptation to drink before it is legal is something many people have experienced; however, the consequences of underage drinking can have profound consequences.

Minor in Possession of Alcohol

In the majority of cases, individuals under age 21 may not possess or consume alcohol. If a minor is caught in possession of alcohol in violation of Texas law, he or she can be charged with a Class C misdemeanor. Texas penalties for minors charged with alcohol possession are not focused on punishment but instead helping the minor avoid reoffending in the future. Alcohol possession is punishable by a maximum fine of $500 and up to 12 hours of community service. If the minor has a driver’s license or learner’s permit, his or her license may be suspended for up to 30 days. Often, minors charged with alcohol-related offenses are required to participate in an alcohol education course.

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TX injury lawyerTruck drivers, bus drivers, and other commercial drivers provide invaluable services to Texas communities. If you have a commercial driver’s license, you probably know that CDL holders are subject to special regulations and requirements. Commercial drivers are held to very high standards under Texas law. Violating Texas law by driving while intoxicated (DWI) can lead to the suspension or revocation commercial driver’s license. Losing your license is especially devastating when you need your driver’s license to make a living. It is imperative that CDL holders understand their legal options after being accused of drunk driving.

Legal Limit for Commercial Drivers in Texas

For non-CDL holders, the legal blood alcohol concentration (BAC) in Texas is 0.08 percent. However, the legal limit is only 0.04 percent for CDL holders. Many commercial drivers are shocked when they realize just how little alcohol it takes to push their BAC beyond the legal limit. For an average-sized adult male, it only takes two drinks to reach 0.04 percent BAC. Women who weigh less than 120 pounds can have a BAC over 0.04 percent from consuming a single alcoholic drink. CDL holders who have a few drinks and then drive may find themselves facing criminal charges for DWI.

Criminal Penalties and Administrative Consequences for CDL DWI

CDL holders face severe consequences for DWI convictions. Failing a breath alcohol test or blood test can not only result in the typical DWI penalties, but it can also result in the disqualification of your commercial driver’s license. A first-time DWI is penalized by a one-year license suspension. A second DWI may result in the permanent loss of your CDL license. In addition to license suspension or revocation, individuals convicted of DWI face steep fines, probation or community service, and jail time.

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Tx defense lawyerHaving a criminal record can affect nearly every aspect of a person's life. Finding a job or apartment may be difficult or nearly impossible with criminal charges on your record. It can also be embarrassing for details of an arrest or other legal matter to be publicly available for friends, family, or neighbors to see.

If you have a criminal record, you may be interested in expunging or erasing your record. Texas law does allow for expunction and orders of nondisclosure. However, record clearing is only in certain situations. Read on to learn more.

Expunging Your Record in Texas

Being arrested for a crime is not the same as being convicted or found guilty of a crime. However, many people are shocked when they realize that merely being arrested for something results in a criminal record – even if the charges were dropped or the person was found not guilty. Fortunately, people in this situation may be able to get their arrest records expunged.

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TX defense lawyerMany people have been in a fight at one point or another. Some fights consist of little more than name-calling and light shoving. Other fights escalate into serious physical altercations in which multiple parties are injured. Individuals who were involved in a fight may find themselves facing criminal charges for assault or family violence.

Criminal Penalties for Assault and Domestic Violence

Violent criminal offenses are penalized harshly in Texas. Even if you were only acting in self-defense, you may be charged with a criminal offense for participating in a fight. In Texas, assault causing bodily injury is a Class A misdemeanor. Penalties for assault can include up to a year in jail and a maximum fine of $4000. Domestic violence or family violence is penalized the same as assault causing bodily injury unless the person has a prior conviction for assault against a family member. If so, the charge is elevated to a felony.

Assault may also be a felony crime if the victim was a child, elderly person, disabled person, or public servant. Aggravated assault may also be charged if there was serious bodily harm or if the alleged perpetrator used a deadly weapon during the assault.

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TX defense lawyerWhen someone is suspected of a criminal offense, police usually handcuff that person, place them under arrest, and take them into police custody. For a misdemeanor offense like driving while intoxicated (DWI), the individual is held in police custody until they can attend a hearing before a magistrate judge and have their bond set. Once the person pays the bond, he or she is free to leave. He or she will be expected to return to court for his or her first appearance.

Unfortunately, the time between being arrested for DWI and the bond hearing can be 24-48 hours. For those with jobs, children, and other important responsibilities, waiting in police custody for two days while awaiting magistration is impractical and can even lead to serious repercussions like being fired.

If your loved one was recently arrested for drunk driving, you may be able to get them out of police custody almost immediately by securing an attorney writ bond.

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TX defense lawyerMillions of people all over the world have been following the Johnny Depp defamation case recently. Depp was accused of domestic abuse by his ex-wife Amber Heard, but Depp claims that the opposite was true. He claims that he was the victim and that Heard was the abusive one.

Of course, the only two people who really know what happened in this situation are Mr. Depp and Ms. Heard. However, the case has sparked a nationwide conversation about how we view male domestic violence victims and female domestic violence victims. Do courts assume that men are the aggressors and females are the victims? Do gender stereotypes influence criminal cases involving family violence?

Gender Stereotypes and Family Violence Arrests

Men are statistically more likely to commit violent crimes like assault or domestic abuse. Women are more likely to be victims of intimate partner violence. However, not every situation aligns with these statistical patterns. In fact, the CDC reports that approximately one out of three men have been the victim of intimate partner violence (including stalking) at some point in their life. Gender stereotypes may make it difficult for legitimate male victims of family violence or assault to get the help they need. In some cases, a male abuse victim may even be the one who is arrested and charged with family violence.

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