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Fairview Criminal LawyerWhen someone is arrested, they are read a series of rights called "Miranda Rights." These rights include the right to remain silent and the right to an attorney. If you are like many people, you probably know that individuals accused of criminal acts have the right to speak with an attorney and to have an attorney represent them at trial. However, you may be unsure of exactly what a criminal defense lawyer does and how having a lawyer can help someone accused of a crime

If you or a loved one were charged with drunk driving, assault, drug possession, theft, homicide, or another criminal offense, a lawyer can provide the guidance and legal representation you need. 

Key Responsibilities of a Criminal Defense Lawyer 

Criminal defendants are not required to have a lawyer represent them, but having a lawyer is highly recommended. This is because highly skilled lawyers, called prosecutors, will represent the state or federal government in a criminal case. The prosecutors' sole ambition is a conviction. Individuals accused of crimes need someone who is standing up for them and advocating for their innocence. 

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Fairview Search and Seizure AttorneyFortunately, Americans have important rights protected by the U.S. Constitution. One of these rights is the right to be free from unjustified searches of their personal property. In many cases, police or other government officials must get a search warrant before they can search a person’s property. However, there are also situations in which a search warrant is not required. It is important for every Texan to know their rights and understand when police have the right to search their home, vehicle, or personal property. This is especially true if you are facing criminal charges.

When Do Police Need a Search Warrant to Search Someone’s Property?

Police officers generally need a search warrant to search someone’s house, apartment, or other dwelling place. There are a few exceptions to this rule, however. Police can search your home without a warrant if you or someone else who lives there gives them permission to search. Police may also be able to conduct a warrantless search if someone is in immediate danger or evidence is being destroyed. Police may also seize evidence in clear view. For example, if you are talking to police on your front porch and they see needles and drugs in your living room, they may have the right to seize these items and place you under arrest for drug possession.

Cars, trucks, vans, and other automobiles fall under the vehicle exemption. Police do not need a search warrant to search your car but they do need “probable cause” or a good reason to believe a crime has or will be committed.

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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 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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