Posted on March 28, 2022 in Criminal Defense

The way we shop for groceries, household items, and other goods has changed dramatically in recent years. Before the technological advances of the last few decades, shoppers paid cashiers directly with either cash or credit cards. Self-checkout kiosks started gaining popularity in the 90s and early 2000s. Now, many stores have a greater number of self-checkout systems than human cashiers. Shoppers also have multiple ways to pay for their items including contactless credit cards and smartphone applications.

It can be hard to keep up with all of these changes. Sometimes, a person may think that they paid for all of their items when they actually failed to pay for an item or underpaid for an item. In some cases, a simple mistake like this can even lead to criminal charges for shoplifting.

Is it Possible to Shoplift by Accident?

Consider the following scenario. A busy woman struggling to shop with her two young children uses a self-checkout machine to scan and pay for her items. As she is scanning items and placing them into the bags, she accidentally skips an expensive makeup palette. Not realizing her mistake, the woman places the items in the bags, pays for her items, and walks out of the store. As soon as she has exited the store, she is confronted by loss prevention staff and accused of stealing the makeup palette. Did the woman steal the makeup if she did not actually intend to leave the store without paying for it? Can the woman face legal consequences for shoplifting because of a simple mistake?

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 Posted on March 22, 2022 in DWI

If you have been arrested and charged with driving while intoxicated (DWI), you may be facing criminal and administrative consequences that dramatically impact your life. DWI is typically a Class B misdemeanor offense punishable by fines, 3-180 days in jail, driver’s license suspension up to two years, and other serious consequences. However, certain circumstances can heighten DWI penalties and lead to increased jail time.

As someone accused of drunk driving, it is important to understand the defense strategies you may use to decrease or eliminate the consequences you face. In this blog, we will describe how the nature of blood alcohol content may be used as a valid defense against DWI charges.

Understanding How Alcohol Levels Rise and Fall Over Time

The amount of alcohol a person has consumed can be measured by evaluating the amount of alcohol in their body fluids or breath. The term “blood alcohol content” or BAC is the standard unit of measurement used to describe how intoxicated someone is. Having a BAC over 0.08 percent is considered legally intoxicated.

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 Posted on March 14, 2022 in Attorney Writ Bonds

Criminal defendants have rights protected by the U.S. Constitution. Among these rights is the right to know the charges laid against them. When someone is arrested for a crime, he or she is processed at booking. Next, the defendant goes to court for magistration. During magistration, the defendant’s bond is set. Unfortunately, the time period between an arrest and the meeting with the magistrate judge can take up to several days.

An attorney writ bond allows a defendant to bypass the process of meeting with a magistrate. This can expedite the process of getting the defendant out of police custody. Only licensed attorneys may obtain an attorney writ bond.

A Writ Bond Gets the Defendant Out of Jail Sooner

Most individuals accused of crimes have jobs, children, or other responsibilities. They do not have time to spend time in police custody waiting to see a magistrate. One of the greatest benefits of an attorney writ bond is that it gets the accused individual out of jail sooner. For example, if someone is arrested on a Friday night, he or she may not see a judge until Monday morning. An attorney writ bond can speed this process up so that the defendant does not have to wait. With an attorney writ bond, a defendant may only have to wait a couple of hours instead of a couple of days.

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 Posted on March 09, 2022 in DWI

Although work-from-home opportunities have increased after the pandemic, many adults still need to drive for their job. In the Collin County area, public transportation may not be sufficient for workers’ transportation needs. Consequently, losing your driver’s license can be a huge hindrance. If you lost your license due to charges for driving while intoxicated (DWI) and you work outside the home, you may be tempted to drive anyway. However, driving with a suspended or revoked driver’s license is considered a criminal offense punishable by heavy fines and a longer suspension period.

Fortunately, many drivers charged with DWI are eligible for an Occupational Driver’s License or “essential needs license” which enables them to drive lawfully.

Regaining Driving Privileges After a Drunk Driving Charge

Many people with suspended driver’s licenses are unable to fulfill their responsibilities without driving. If you lost your license but you need to drive to get to school or work, you may be able to get an Occupational Driver’s License. This license enables you to drive for up to 12 hours a day for specific purposes. You can apply for an Occupational Driver’s License by submitting a petition to the court. You will also need to fill out and submit a Financial Responsibility Insurance Certificate to prove that you are insured. Depending on your jurisdiction, you may also need to submit your driving record and appear in court in front of a judge to get an Occupational Driver’s License. You will need to demonstrate to the court why you need this license to fulfill your personal or professional responsibilities. A DWI defense lawyer can help you gather the necessary paperwork, submit a petition to the court, and argue your case in front of the judge at your ODL hearing.

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 Posted on February 24, 2022 in Criminal Defense

Being charged with a crime can be confusing and overwhelming. If you or a loved one are facing charges for driving while intoxicated (DWI), drug possession, or another offense, you may have many questions. One issue that frequently arises in criminal defense cases is interpreting legal jargon and unfamiliar phrases. You may have heard that police need “probable cause” to make an arrest but are unsure exactly what this phrase means. Whether you are the person facing charges or a family member has been arrested, it is important to understand the rights afforded to criminal defendants.

Fourth Amendment Protections for Individuals Accused of a Crime

The U.S. Constitution offers many legal protections to criminal defendants. The Fourth Amendment establishes the “probable cause” prerequisite for arrests, searches and seizures, and search warrants. Probable cause means that officers have a reasonable belief that the law is being broken. Police and other government officials cannot conduct a traffic stop, arrest, or search without a good reason for doing so. Police may not assume that a person has committed a crime based on the way he or she looks or the neighborhood the person is in. Arrests cannot be made on a hunch or guess. Searches, seizures, arrests, and traffic stops must be justified.

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 Posted on February 18, 2022 in DWI

Across the nation, many states are adopting marijuana use for medical and recreational purposes. However, marijuana use is still illegal in Texas. Furthermore, it is strictly against the law to drive while intoxicated by marijuana or cannabis. Marijuana can worsen a driver’s coordination and ability to concentrate. The drug also increases reaction time which means that it will take longer for the driver to react to dangerous conditions on the road such as a stopped vehicle or fallen truck cargo. For these reasons, driving while high on marijuana is against the law. Individuals who do drive high can be charged with driving while intoxicated and subjected to significant penalties.

Driving While Under the Influence of Marijuana

When we think of DWI charges, we usually assume that the driver was under the influence of alcohol. However, you can also get a DWI for drugged driving. For alcohol, the legal limit is 0.08 percent blood alcohol content (BAC). However, there is no legal limit when it comes to marijuana. Having any amount of marijuana in your system while operating a car can lead to DWI charges.

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 Posted on February 11, 2022 in DWI

In Texas, a conviction for driving while intoxicated (DWI) can lead to significant penalties that have a considerable influence on the offender’s life. Even a first-time DWI conviction involves a three-day mandatory jail sentence. Second, third, or subsequent DWI charges can lead to even harsher consequences, including up to a year or more in jail. Driver’s license suspension, mandatory DWI education classes, probation, and a mandatory ignition interlock device are also potential consequences of a DWI conviction.

If you or a loved one were charged with drunk driving in Texas, contact a DWI defense lawyer for help. You may be able to avoid conviction by presenting a compelling defense founded upon supporting evidence.

Fighting For Your Freedom Using Strong Evidence

To convict someone of driving while intoxicated, the prosecution must prove that the defendant was drunk driving “beyond a reasonable doubt.” One of the best defense strategies is to demonstrate that there is reasonable doubt as to the defendant’s guilt. Examples of evidence that may be useful in a drunk driving defense case include:

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 Posted on February 04, 2022 in DWI

In Texas, a conviction for driving while intoxicated (DWI) is often a misdemeanor offense. Unless certain aggravating circumstances are present, most first-time DUI offenders face a minimum of three days in jail, fines, and other penalties. However, if a DWI offender causes injury to death to another person while under the influence, the charges are much more severe. Intoxication assault and intoxication manslaughter are felony offenses that have the potential to change your entire life. If you or a loved one were charged with intoxication assault or intoxication manslaughter, retain qualified legal counsel as soon as possible. You could be facing significant prison time.

Intoxication Assault Charges in Texas

When someone is harmed in connection with a DWI case, the driver may be charged with intoxication assault. Hitting someone with your vehicle or causing a car accident in which someone was seriously injured can lead to intoxication assault charges. Texas prosecutors often pursue intoxication assault cases fervently and advocate for long prison sentences.

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 Posted on January 28, 2022 in DWI

There are many different situations where drivers may be pulled over by police officers because they are suspected of driving while intoxicated (DWI). An officer may believe that a person was driving erratically or exhibiting other signs of intoxication, or they may pull a person over for committing a traffic violation, and their observations of the driver may lead them to suspect that the person is under the influence of alcohol or drugs. However, before an officer can arrest someone for DWI, they must have probable cause or reasonable suspicion that the person is intoxicated. To establish probable cause, an officer may ask a driver to submit to different types of field sobriety tests, and based on their observations during these tests, they may determine that the driver is intoxicated and perform an arrest.

What Officers Look for in Different Types of Field Sobriety Tests

Field sobriety tests are meant to determine whether a person is unable to operate a motor vehicle safely because they are under the influence of intoxicating substances. There are three types of tests that are considered to be “standardized” field sobriety tests that have been validated by the National Highway Traffic Safety Administration (NHTSA).

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 Posted on January 25, 2022 in Drug Charges

The legality of marijuana varies dramatically across the United States. In some states, adults can freely buy and consume marijuana flower and marijuana products like edibles. However, Texas still classifies marijuana as an illegal drug. You can face criminal charges for possessing, cultivating, or distributing cannabis or cannabis products in Texas.

Penalties for THC Food in Texas

The penalties for possessing marijuana are based on the quantity of the substance allegedly in your possession. Possession of a few grams of marijuana is punished less harshly than possession of a few pounds of the substance.

Tetrahydrocannabinol (THC) is the component of marijuana responsible for the marijuana “high.” Some people consume THC by eating it. THC may be added to candies, cookies, brownies, and other foods.

If you are caught with a THC-containing food or “edible,” you may face life-changing consequences. Charges for possession of marijuana edibles can be especially significant because Texas considers the total weight of the food product when determining the severity of the charge. Furthermore, THC concentrates, substances often used to create edibles, are classified differently than marijuana flower. Per Texas law, THC oil or wax are in Penalty Group 2. Possession of less than a gram of THC concentrate can lead to state felony charges and up to two years in prison. If you have one to four grams of THC oil or wax, you face up to ten years in prison. This means something as small as a candy or cookie containing THC concentrate could lead to a multiple-year prison sentence.

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