The so-called “war on drugs” has led law enforcement officials to crack down on anyone who is suspected of possessing, using, selling, manufacturing, or distributing controlled substances. However, drug charges can range in severity depending on the types of drugs involved in a case, as well as the amount of the drugs and whether allegations involve simple possession or the intent to deliver or distribute drugs to others. The most serious types of drug charges involve what are commonly known as “hard drugs,” which are substances that are considered to be highly addictive and dangerous without accepted medical benefits.

Drug Charges for Substances in Penalty Group 1

The Texas Penal Code groups controlled substances into several different categories, and drug charges will depend on which penalty group includes a specific drug. Most hard drugs are included in Penalty Group 1, and the possession, manufacture, or delivery of these substances will result in the most serious charges. Drugs in Penalty Group 1 include heroin, cocaine, methamphetamines, raw opium, and other opioids or opiates that are not included in other penalty groups. The Texas Penal Code also identifies Penalty Group 1-A, which includes LSD and other similar hallucinogens.

There are a wide variety of situations where a person may be accused of family violence. In many cases, these accusations will involve claims that a person has committed assault against a spouse or dating partner. While these types of claims can be serious, a person will likely face even more severe consequences if they are accused of committing family violence against children. Parents will want to understand how the laws in Texas apply to situations involving claims of child abuse or endangerment, and by working with an experienced lawyer, they can determine their best options for defense.

Child Abuse

The Texas Family Code specifies multiple different forms of abuse against children that fall under the category of family violence. These include:

Most people understand that intentionally injuring or harming someone else can lead to criminal charges. In Texas, a wide variety of different actions can fall under the category of assault, but they typically involve claims that a person has acted in a way that he or she knew would cause bodily injury to a person, either intentionally or recklessly. While “simple” assault charges can result in a variety of criminal consequences, these charges become even more serious when a charge is elevated to aggravated assault. Those who have been accused of serious assault charges will want to understand the exact nature of the offense they are accused of committing, as well as the potential penalties they may face if convicted.

Aggravating Factors in Assault Cases

The Texas Penal Code states that a person may be charged with assault if he or she caused bodily injury to someone else either on purpose or through reckless actions, threatened to commit bodily injury or purposely made physical contact with someone else in a manner that could be considered offensive or provocative. A charge may be elevated to aggravated assault if one of the following occurred when the individual allegedly committed assault:

Drunk driving is a safety issue that affects everyone who travels the roadways. Because alcohol or drug use can make it difficult or impossible to drive safely, police officers are always on the lookout for behavior that may indicate that a driver is intoxicated. Drivers who are pulled over by law enforcement on suspicion of driving while intoxicated (DWI) will likely be concerned about what they can do to protect their rights, and they should be sure to understand how to respond when asked to submit to any testing to determine whether they are impaired.

Texas’ Implied Consent Law

In the state of Texas, anyone who obtains a driver’s license is considered to have consented to have his or her blood alcohol content (BAC) tested if arrested on DWI charges. This is referred to as “implied consent,” and it means that drivers can face consequences if they refuse BAC testing after an arrest.

Being arrested is never a pleasant experience, especially for those who are unfamiliar with the processes followed when they are taken into police custody, booked into a jail or detention facility, and formally charged with a crime. In these situations, individuals will want to get out of jail as quickly as they can so they can return to their normal life while determining how to defend against the charges they are facing. Unfortunately, this process can often take significant time as prosecutors determine what charges to file, and the accused waits for a hearing where a judge can set bail. However, an attorney writ bond will offer another option, allowing a person to get out of jail much more quickly while also ensuring that he or she can determine the defense strategy against criminal charges.

When Is an Attorney Writ Bond Available?

After a person is arrested in Texas, he or she must appear before a judge within 48 hours. At this hearing, the judge will inform the person of the charges against him or her, and the court will set conditions for a bond that will allow the person to be released from custody. In many cases, a judge will specify an amount of bail that must be paid. A judge may also allow a person to be released on a personal bond, in which he or she will not be required to pay bail as long as he or she meets all of the requirements set by the judge, such as submitting to electronic monitoring.

It is well-known that drunk driving is against the law. Alcohol intoxication can make it difficult or impossible for a person to drive safely, and it can lead to dangerous car accidents in which people are injured or killed. Because of this, Texas drivers who operate a vehicle after drinking alcohol or using drugs can face serious criminal charges. Even a first-time DWI offense can lead to multiple penalties that can affect a person for years to come, and those who are facing these types of charges will want to work with a criminal defense attorney to determine the best defense strategy.

Criminal and Administrative Penalties for a First DWI Offense

Under the Texas Penal Code, a person may be charged with the offense of Driving While Intoxicated (DWI) if they operate a motor vehicle in a public place while they have a blood alcohol concentration (BAC) of .08 percent or more. A person may also be considered intoxicated if they have lost their normal physical or mental faculties because of the use of alcohol, controlled substances, prescription medications, or any combination of these substances.

Drug use is common in the United States, and there are a variety of drug charges that a person may face if police officers suspect that they have used illegal substances. In many cases, drug possession charges will apply if a person is found to have controlled substances on their person or in their home or vehicle. Those who are found in possession of large amounts of drugs or who are suspected of engaging in the sale of drugs to others may face more serious charges of drug delivery, distribution, or trafficking. However, drug charges may also apply in some situations where a person was not actually in possession of drugs, but instead possessed or sold items related to the use or delivery of illegal substances.

Texas Drug Paraphernalia Charges

Drug paraphernalia may include any items or equipment involved in using, manufacturing, or distributing illegal drugs. Examples may include:

• Pipes and other devices used to smoke marijuana

  ...

Domestic violence is an ongoing concern for law enforcement officials, especially during the COVID-19 pandemic. Because of the increased stress that many people are feeling and the requirements to remain together in the same home without the chance to participate in normal activities, disagreements between family members may spiral out of control, leading to accusations of family violence. Other factors that may play a role in these cases include economic anxiety due to job loss or reductions in income, as well as increased rates of drug and alcohol abuse. While a single accusation of domestic assault can lead to consequences that may affect a person’s relationship with their children or other family members, repeated instances of alleged family violence can lead to even more serious criminal charges in Texas.

Understanding Continuous Family Violence Charges

In many cases, a person accused of family violence will be charged with domestic assault. This type of assault may be committed against a spouse, a person’s children, other family members, people living in the same household, or a person in a dating relationship with the accused. Assault is defined as knowingly, intentionally, or recklessly inflicting a bodily injury on a person, threatening to inflict bodily harm, or making physical contact that can be considered “offensive or provocative.” Domestic assault is typically charged as a Class A misdemeanor under Texas law.

As you prepare for Thanksgiving, it is important to be aware of the increased risk of being arrested on suspicion of drinking and driving. Holiday get-togethers often involve alcohol consumption, and because of this, police officers will be on the lookout for intoxicated drivers during the extended holiday weekends in November and December. Those who expect to consume alcohol will want to understand the steps they can take to avoid being arrested for driving while intoxicated (DWI) in Texas.

Operation CARE and No Refusal Weekends

The Texas Department of Public Safety (DPS) has stated that it will be increasing its enforcement efforts over the Thanksgiving weekend, lasting from Wednesday through Sunday. During this time, officers will be conducting more patrols than normal and looking specifically for drivers who are suspected of drunk driving, as well as other traffic violations, such as speeding and driving without a seat belt.

Drunk driving is illegal, and a person can face criminal charges for driving while intoxicated (DWI) by alcohol or drugs. In many cases, DWI charges occur because of a lapse in judgment or because a person believed that it was safe to drive without realizing that he or she was above the legal limit for blood alcohol content (BAC). 

Being convicted of DWI in Texas can have a variety of serious consequences, including driver’s license suspension, thousands of dollars in fines, time in prison, probation, community service, participation in DWI education programs, and the requirement to use an ignition interlock device (IID). In many cases, a person will face DWI charges after being pulled over by a police officer, but unfortunately, some cases involve serious car wrecks that may result in the injury or death of others. In these cases, a person who is being charged with DWI should be sure to understand the charges that may apply and the potential penalties he or she could face.

The term stalking may conjure up images of someone following another person, sending excessive emails, or constantly calling them on the phone. Similar to domestic abuse, stalking is a crime that is all about control and power. Stalking is broadly defined as “conduct directed at a specific person that involves repeated visual or physical proximity, non-consensual communication, or verbal, written, or implied threats, or a combination thereof, that would cause a reasonable person fear.” According to the Centers for Disease Control and Prevention’s (CDC) National Intimate Partner and Sexual Violence Survey (NISVS),1 in 6 women and 1 in 19 men have been the victim of during their lifetime.

Common Stalking Behaviors or Actions

Under the Texas Penal Code, the offenses of harassment and stalking are very closely linked. Stalking can best be described as aggravated harassment. However, harassment charges can come after a single act. On the other hand, stalking charges may be filed against a person who repeatedly (on more than one occasion) engages in conduct that would constitute harassment or that causes another person to fear for his or her own safety or the safety of his or her loved ones. 

To be considered stalking, a repeated threat can be either implied or explicit, but it must be directed at a specific person. This can be done in person or electronically. In today’s digital age, posting personal information or spreading rumors about someone can be considered cyberstalking. Stalking behaviors may also include any of the following acts: 

Over the last several years, the marijuana laws in many parts of the United States have changed significantly. Multiple states have legalized marijuana for either medicinal or recreational use. In some cases, states, counties, or cities have taken steps toward decriminalization by treating possession of small amounts of marijuana as a petty offense rather than a criminal charge. However, possession of marijuana is still a criminal offense in Texas.

As the legal use of marijuana has become more widespread, a wide variety of different cannabis products have been made available. In addition to the traditional methods of smoking marijuana, users may consume cannabis by using vape pens, edibles, or even lotions. Texas residents should be sure to understand how the state’s laws address these types of products, and a criminal defense lawyer can provide skilled legal representation for a person who is facing drug charges related to the possession of marijuana products.

Like many other states, Texas takes the crime of drunk driving seriously. A DWI arrest or conviction can be difficult for anyone to overcome, but it is especially challenging for truck drivers and other holders of a commercial driver’s license (CDL) who rely on their driving privileges in order to make a living. If you are a commercial driver facing DWI charges, you need an experienced attorney who can provide the best possible defense so that you have a chance of avoiding criminal penalties that can impact your livelihood.

Additional Restrictions for CDL Drivers in Texas

Under Texas law, if the driver of a passenger vehicle is pulled over under suspicion of driving under the influence and registers a blood alcohol concentration (BAC) of more than 0.08 percent, he or she can be arrested and charged with DWI and face an Administrative License Revocation (ALR) for 90 days or more while awaiting trial. A driver who refuses to submit to a blood or breath test can be subject to an ALR for 180 days or more.

In Texas, the crime of assault is taken seriously. This particular offense includes any situation in which the offender intentionally or knowingly causes or threatens bodily harm to another person, or physically contacts another person in an offensive or provocative manner. However, the severity of the assault and the resulting penalties can vary greatly depending on the situation. A skilled criminal defense attorney can be especially important if you are facing charges of aggravated assault in Texas.

Consequences of a Texas Aggravated Assault Conviction

In most cases, simple assault in Texas is considered a Class A misdemeanor or lower, resulting in penalties of up to one year of imprisonment and $4,000 in fines. However, certain factors can increase the charges to aggravated assault, including:

In the state of Texas, criminal drug charges can result in severe consequences that may affect you for the rest of your life, including burdensome fines, extended imprisonment, and a criminal record that can impact your employment opportunities, immigration status, and more. Drug possession on its own is treated as a serious offense, and when you are facing charges of intent to distribute or manufacture drugs, the potential penalties are even more significant. However, it can be difficult for the prosecution to prove intent in cases such as these. That is why it is essential that you consult a skilled criminal defense attorney who can build a strong defense on your behalf. 

What Are the Penalties for Possession With Intent to Distribute or Manufacture?

You may be charged with possession with intent to distribute or manufacture a controlled substance if law enforcement believes that you are in possession of a drug for purposes other than your own personal use. In most cases, these charges can result in greater penalties than charges of possession alone under Texas law. For example, possessing 1-4 grams of cocaine is a third-degree felony with possible penalties including 2-10 years of imprisonment and up to $10,000 in fines, whereas possessing the same amount with intent to distribute or manufacture is a second-degree felony with a maximum prison sentence of 20 years in addition to a possible $10,000 fine.

When you get behind the wheel after having a few drinks, you generally understand the risks of doing so. While you may not be thinking about the risks at the time, you almost certainly realize that it is dangerous to drink and drive. You probably know that alcohol impairs both your mental and physical faculties, which increases your chances of being involved in an accident. There is also the danger of getting pulled over and arrested for driving while intoxicated (DWI)—the consequences of which can be quite severe.

Drinking and driving puts others on the road in danger, of course, but what about those in the car with the drunk driver? More importantly, what happens if there is a child riding in the car with a driver who has been drinking? Under Texas law, DWI with a child passenger is a serious criminal offense, and if you are convicted on such a charge, there is a good chance that you will go to jail.

If you were asked to do so right now, with no advance warning, could you stand on one foot while holding the other foot slightly off the ground for a full 30 seconds? Could you walk in a straight line—putting your foot heel to toe with every step—then turn around and come back on the same line, possibly without being able to look down at the line? If you were to have trouble with either of these exercises, federal authorities say that there is roughly an 80 percent chance that you are intoxicated.
Obviously, this was intended to be an exaggerated scenario, but in reality, the tests mentioned above are actually used by the police every day to test drivers who might be impaired by drugs or alcohol. The results of such tests are often presented as evidence against defendants facing charges for driving while intoxicated (DWI), despite the fact that these tests are not nearly as accurate as law enforcement officials would have you believe.

Standardized Field Sobriety Tests

There are three tests that are recognized by the National Highway Transportation Safety Administration (NHTSA) as effective in determining a driver’s level of impairment. Together, these three assessments comprise the Standardized Field Sobriety Tests (SFSTs). In addition to the one-leg stand and the walk-and-turn tests, the SFSTs also include the horizontal gaze nystagmus (HGN) test, in which the driver is asked to follow an object, such as the officer’s finger or a pen, with only eyes. In this test, the officer is looking for an involuntary jerking or movement of the eye, usually at the peripheral range, that is often seen as an indicator of intoxication. The three tests are typically administered together, and courts throughout the United States tend to accept the test results as proof—albeit rebuttable proof—that a driver is intoxicated.

Driving while under the influence of alcohol or drugs is a serious offense in Texas. If you are pulled over by a police officer, asked to take a breathalyzer or field sobriety test, and arrested for driving while intoxicated (DWI), you will want to understand the types of criminal charges you may face, the potential consequences of a conviction, and whether you will lose your driver’s license. However, your first priority will likely be to find out how you can be released from custody. 

If you are arrested and booked at a local police department or a county jail, the procedures followed can be confusing, and you may not understand whether you will be required to appear before a judge or post bail before you can be released. Fortunately, by working with a lawyer, you may be able to get out of jail more quickly through an attorney writ bond.

Relationships between spouses, family members, or people who live in the same household can sometimes be strained, and arguments or conflicts can escalate into situations involving accusations of family violence. If you have been accused of committing domestic violence, you should be aware that you could not only face criminal charges, but you may also be subject to a protective order (commonly known as a restraining order). The most common type of protective order that is issued in Texas is the Magistrate’s Order of Emergency Protection (MOEP), and it is important to understand when this type of order will apply and the effects it can have on your life.

Protective Orders Issued by Criminal Courts

If a person is arrested because of accusations of family violence, stalking, or sexual assault, a criminal court judge (known as a magistrate) may issue an emergency order of protection. A judge may issue an order based on his or her own discretion or following a request from an alleged victim, a peace officer, or a prosecutor. If an alleged family violence offense caused serious bodily injury to a victim or involved the use of a deadly weapon, a magistrate is required to issue an emergency protective order. 

In many cases involving drug possession, weapons possession, and theft, the State of Texas relies on evidence obtained through a search warrant in order to establish the defendant’s guilt. If an officer approaches you with a warrant, you may fear that a guilty verdict is inevitable, but this is not always the case. With the help of an experienced criminal defense attorney, you may be able to contest the admission of evidence seized in the search and prevent it from influencing the outcome of your case.

Understanding Your Fourth Amendment Rights

The Fourth Amendment to the United States Constitution protects citizens and their property from unreasonable search and seizure. It states that warrants may not be issued without probable cause supported by a sworn affirmation and that they must describe the specific place to be searched and the items to be seized. The Texas Code of Criminal Procedure includes provisions to ensure that warrants are issued and executed in compliance with the Fourth Amendment, and if those provisions are not upheld, your rights may be in violation.