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.

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.  

The resolution, which was passed in the Senate almost unanimously a few months ago, sat in the House’s Committee on Criminal Jurisprudence until last week. There is no more time to vote on the resolution, which would grant judges greater discretion in denying certain allegedly violent defendants bail while they await trial. At present, Texas law generally guarantees bail for most defendants who have not been charged with capital murder.

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. 

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.

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:

• A term of incarceration in a state jail to last between 180 days and two years

  ...

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.

  ...

Reasonable doubt is a fundamental concept in criminal law that plays a crucial role in determining the guilt or innocence of a defendant. Proving someone guilty “beyond a reasonable doubt” means the prosecution must meet a standard that leaves no reasonable doubt in the jury's mind. If you have been arrested for allegedly committing a crime, reasonable doubt is an essential concept that you must understand as you move through criminal proceedings.

Remember, if you have been arrested for a crime, consider hiring an experienced criminal defense attorney. Your attorney will be invaluable as you navigate the legal process and fight to defend yourself against the criminal charges brought against you. 

Reasonable Doubt a Legal Concept 

The concept of reasonable doubt is based on the idea that letting a guilty person go free is better than convicting an innocent person. This idea is rooted in individual liberty, a cornerstone of the criminal justice system in most democratic countries, including the United States. The burden of proof is on the prosecution to establish guilt beyond a reasonable doubt. This means that the prosecution must present sufficient evidence to convince a reasonable person that the defendant is guilty.

Plea deals or plea agreements in criminal cases are an agreement between the prosecution and the defendant agreeing to plead guilty to a lesser charge or a reduced sentence in exchange for a guilty plea. While plea deals can effectively resolve criminal cases more efficiently and with less expense, there are pros and cons to consider. For anyone weighing whether to take a plea deal, your criminal defense attorney will be an excellent resource as they can help you weigh the pros and cons of a plea deal.

Pros of Plea Deals  

• Reduced sentence – One of the main benefits of a plea deal is that it can reduce the defendant's sentence. A plea deal can be an attractive option if the defendant faces serious charges that could result in a lengthy prison sentence.

• Reduced legal expenses – Plea deals can also be a cost-effective way to resolve criminal cases. Going to trial can be expensive, and a plea deal can save the defendant significant amounts of time and money.

  ...

Deciding to go to trial can be complex and profoundly challenging when facing criminal charges. There are many factors to consider, including the strength of the evidence, the chances of a favorable outcome, and the potential consequences of a conviction. Today, we will explore the pros and cons of going to trial in criminal law cases to help you make a more informed decision if you are ever in a similar situation. Remember, consider hiring a criminal defense attorney if you are facing criminal charges. Your attorney will protect your rights and will also make sure you understand all of your legal options at this time.

Pros of Going to Trial 

The following are the pros of going to trial, including:

• The possibility of a complete acquittal – One of the most appealing aspects of going to trial is the chance of being found not guilty. If you believe that you have a strong defense and that the prosecution’s case is weak, a trial may be your best opportunity to clear your name and avoid the consequences of a conviction. 

  ...

When facing criminal charges, the decision to hire a private criminal defense attorney or rely on a public defender is critical. While public defenders are appointed by the court to represent individuals who cannot afford an attorney, private criminal defense attorneys are hired by the defendant or their family. Today, we will discuss the essential differences between private criminal defense attorneys and public defenders. Remember, if you have been charged with a crime, it is in your best interest to contact a private criminal defense attorney to guide you through the process and ensure that your rights are protected and that adequate resources can be devoted to fighting the charges against you.

Please understand that the purpose of this blog is not to belittle public defenders in any way. On the contrary, this blog aims to lay out the differences between private attorneys and public defenders in a respectful and informational manner. 

Most Significant Differences Between Private Criminal Defense Attorneys and Public Defenders

One of the most significant differences between public defenders and criminal defense attorneys is the time and resources they have to invest in a case. Public defenders often handle a large caseload, leaving little time for each case. In contrast, private criminal defense attorneys have the knowledge, motivation, and time to provide a more focused and personalized approach to each case. Regarding resources, private attorneys often have access to a network of professionals, including investigators and professional witnesses, who can provide valuable insights and support throughout the case. Additionally, private criminal defense attorneys have the financial resources to invest in the latest technology and equipment to build a stronger case.

Being falsely accused of criminal conduct can be among the most unpleasant and downright frightening experiences anyone will ever have. False accusations can lead to legal, financial, and reputational damage and have long-lasting and devastating effects on a person's life. Today, we will discuss the consequences of false accusations and how to seek legal help from a criminal defense attorney if you are ever falsely accused of committing a crime. 

The Legal Consequences of False Accusations

False accusations of criminal conduct can have serious legal consequences, particularly if they lead to criminal charges. If you are falsely accused of a crime, you may face arrest, imprisonment, and a criminal record. Regardless of if the charges are eventually dropped, the damage to your reputation and personal life can be significant. In addition, false accusations of crimes such as domestic abuse or child abuse can lead to court orders limiting access to your children or requiring you to go through counseling. 

The Reputational Consequences of False Accusations

As stated at the outset of this blog, false accusations can have devastating consequences for your personal and professional reputation. Your friends, family, and colleagues may question your character and integrity if you are falsely accused of a crime. False accusations can also obliterate your professional reputation, making it difficult to find employment or advance your career. 

Being charged with a crime is among the most unpleasant and nerve-wracking experiences anyone will ever have. While the aftermath of being charged with a crime can result in a confusing whirlwind of different emotions, it is essential to try your best to think clearly during this consequential time. Today, we will be discussing what is most important to know and do in the aftermath of being charged with a crime. As soon as you can, contact a criminal defense attorney to help ensure your rights are respected and that you understand the criminal charges you are up against.

Take These Steps to Help Legally Protect Yourself 

It is crucial after being arrested not to do anything that will worsen your legal situation. Consider taking these steps to help ensure you can resolve your case in a manner that is favorable to you. These steps include:

• Stay calm and silent – The first thing you should do is stay calm and silent. It is important to remember that anything you say can later be used against you in court. Accordingly, refrain from discussing the case with anyone except your attorney. Do not make any statements to the police or anyone else without consulting your attorney first.

  ...

When a child is charged with a crime, it can be a difficult, emotional, and confusing time for parents. An alleged juvenile offender’s parents may feel helpless, overwhelmed, and unsure of what to do next. Today, we will discuss the essential considerations for any parent of an alleged juvenile offender. Firstly, if your son or daughter has been charged with a crime, do not hesitate to contact a juvenile criminal attorney to help ensure your child’s rights are protected and respected and that their best interests are always looked after.

Remember These Things if Your Child Allegedly Committed a Crime

Here are some things that parents of a juvenile offender need to keep in mind, including:

• Your child has legal rights – Just like an adult, a child charged with a crime has legal rights. These include the right to an attorney, the right to remain silent, and the right to a fair trial. Parents need to understand their child’s legal rights and ensure they are protected.

  ...

Every day, thousands upon thousands of people are charged with committing alleged criminal offenses. When someone is charged with a crime, their first step should always be hiring a criminal defense attorney. Criminal defense attorneys can provide invaluable assistance throughout the legal process and work to get the best possible outcome for your case. 

If you have been charged with committing a criminal offense, do not hesitate to reach out and contact an experienced criminal defense attorney. Today, we are going to discuss what precisely a criminal defense attorney can do for you. 

Benefits of Hiring a Criminal Defense Lawyer

While hiring a criminal defense attorney will not guarantee a favorable outcome, by hiring an attorney, you put yourself in a position where a favorable outcome is possible. Some examples of what a criminal defense attorney can do for you include the following: 

As you may be aware, in Texas, an attorney writ bond is a type of bail bond that can be used to secure the release of someone who has been arrested and is being held in jail. Among the plethora of unpleasantries involved with being arrested, one of the more dreaded aspects is sitting in prison for days waiting to be put in front of a judge. Luckily, attorney writ bonds allow certain alleged offenders to be released from jail, sometimes even within hours of arrest. 

However, while attorney writ bonds are eligible for crimes such as a first or second DWI, marijuana possession, theft, and most Class A and Class B misdemeanors, other crimes do not qualify for attorney writ bonds. Today, we will discuss the crimes that are not eligible for an attorney writ bond. In any event, if you or a loved one has been arrested, consider contacting a qualified Texas attorney. 

What Crimes Are Not Eligible for Attorney Writ Bonds?

Crimes that are not eligible for attorney writ bond include the following:

False confessions are a troubling phenomenon in the criminal justice system. It is a situation where a person confesses to a crime they did not commit. To many people, it is incomprehensible to imagine why someone would ever admit to a crime they did not commit; however, it happens more often than you might expect. Today, we are going to review the reasons why someone would ever make a false confession. If you are ever charged with committing a crime, do not hesitate to reach out and obtain the legal counsel of an experienced criminal defense attorney who will work to ensure that you understand your rights and exactly what you are up against. 

Four Reasons Someone May Make a False Confession

Firstly, false confessions can result from coercion or duress. Police officers may use intimidation tactics or even threats to get a confession from a suspect. Sometimes, the person being interrogated may feel they have no other option but to confess, even if they know they are innocent. They may feel overwhelmed, scared, and helpless, believing confessing will make the situation go away or alleviate their suffering.

False confessions can also arise from psychological factors. Some individuals may be susceptible to suggestion or manipulation by authority figures. They may have low self-esteem or confidence in their judgment, and as a result, they may agree with the interrogator’s version of events rather than their memory of what happened. In some cases, the interrogator may introduce false information or evidence that convinces the person that they committed the crime, even if they did not.

In most cases, people want the best for their family members, which is why it can be heartbreaking to see a loved one be arrested and charged with a serious crime, such as driving while intoxicated (DWI). The thought of your loved one going to prison can be too much for someone to bear. As a result, if you are someone who watched your loved one be arrested for DWI, you are likely wondering how you can best help this person.

First off, it is crucial to remain calm. Just because your loved one is charged with DWI does not mean they are guilty by default. They have rights, such as the right to a fair trial, and by virtue of these rights, they may be able to vindicate themselves in due time. It is very much in your loved one’s best interests to hire a qualified DWI attorney who can help protect their rights and ensure they are treated fairly by the legal system and law enforcement as their case develops. Today, we will examine how a family member can support their DWI-accused loved one in their time of greatest need. 

How Can an Attorney Writ Bond Help My Loved One?

In Texas, once someone has been charged with DWI, they will likely be brought to the police station for processing. Once they have been processed, it may be wise for them to seek an attorney writ bond. An attorney writ bond can get the accused out of prison within a couple of hours of arrest. This is not what usually happens when someone is arrested, which is they sit in jail until a judge can see them. Waiting for a judge can take a couple of days. You may be happy to learn that family members may be able to secure an attorney writ bond for their loved one without ever having to leave the comfort of their own home.

It is no secret that the state of Texas takes drug offenses very seriously. This is especially the case when there is reason to believe that an alleged drug offender had the intent to deliver or manufacture. Therefore, if you have been charged with manufacturing drugs, possessing them, and intending to sell those manufactured drugs, understand that you are in extreme legal jeopardy. When someone is convicted on these types of charges, it is not uncommon for them to spend decades or even the rest of their natural life in prison.

Today, we will look at what it means to deliver drugs, what intent to manufacture means, and more. If you have been charged with such crimes, do not hesitate to contact an experienced criminal defense attorney well-versed in cases involving serious drug offenses. While your situation may be dire, hope is still on the horizon. Retaining high-quality legal counsel is the first step in working towards a favorable case outcome in your case.

What Constitutes Intent to Deliver? 

The Texas Controlled Substances Act explicitly states that possessing, delivering, or manufacturing a controlled substance is strictly prohibited. If this language is unclear, it means that drug dealing is strictly prohibited. It is important to understand that "delivery" means more than selling drugs, however. Delivery also includes giving another person an illegal drug, regardless of whether payment was exchanged.

There is no question that the perception of marijuana is rapidly changing across a significant number of states. However, in the state of Texas, laws regarding marijuana remain among the strictest in the nation. As a result, many employers in Texas require prospective employees to submit to a drug test before they are hired. The most common form of drug testing for employers is urine analysis. These tests, considered accurate, test for substances such as THC, cocaine, opiates, methamphetamine, and more. 

For the purpose of today’s discussion, we will focus on marijuana and the negative legal consequences that can arise if someone were to try and cheat a urine analysis test. Something that makes urine analysis testing for marijuana somewhat unfair is that marijuana can stay in your system for an extended period of time, unlike many other illicit drugs, like cocaine or heroin, which remain in the system for only a few days at most. As a result, many people resort to using products like synthetic urine to beat a marijuana urine analysis test because of the time it takes to leave one’s system. If you have been arrested for a marijuana-related offense or fabricating the results of a urine analysis test, contacting an experienced criminal defense attorney may be wise to avoid a detrimental conviction. 

Fundamental Marijuana Laws in Texas

Marijuana and all its associated forms like edibles, concentrates, and flower, no matter how small the amount, remains illegal in Texas. For instance, possessing two or fewer ounces of marijuana is considered a Class B misdemeanor, punishable by up to 180 days in jail and fines of up to $2,000. 

There are many different situations in which someone may be accused of harassing or stalking another person. One of the more familiar scenarios is after a relationship ends, an ex tries to stay in contact with their former partner. In other scenarios, someone may be wrongfully accused of stalking or harassing someone. Whatever the case, Texas law does not take accusations of stalking and harassment lightly. And if there is probable cause that a crime has been committed, police officers can and will arrest and charge alleged offenders. 

If you have been arrested and charged with stalking or harassment, you would be wise to contact an experienced stalking and harassment attorney to help protect your rights and represent you as you and your lawyer together work to overcome the charges levied against you. 

What Is Harassment and What Are the Associated Penalties?  

If you are unaware of the differences between stalking and harassment, you are not alone. While stalking and harassment are similar, they have vital distinctions. In Texas, harassment occurs when someone tries interacting with someone else against that person’s wishes, particularly if the person trying to interact with the other person is doing so in an alarming, annoying, or emotionally distressing manner. Harassment may take place over the phone or via social media. Generally, harassment is considered a Class B misdemeanor, which can land an offender in jail for up to six months and include fines of up to $2,000.