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DO I HAVE TO GO TO TRIAL IN TEXAS? |
Recent Blog Posts
What to Know About DWI Involving Prescription Drugs in Texas
When most people think about driving while intoxicated, they tend to think of people drinking and driving. This is understandable, as drinking and driving is the most common form of DWI. However, driving after consuming alcohol is not the only way to be charged with DWI. You may be surprised that you can be charged with DWI in Texas even if you are under the influence of prescribed medication.
Being arrested, charged, and convicted of DWI can devastate one’s life and career. If you have been charged, you are likely wondering what can be done to ensure you can avoid prison time or costly fines. The most important thing you can do during this critical time is to contact a knowledgeable DWI attorney who will work with you to ensure your rights remain protected while pursuing the most favorable outcome possible.
Laws Regarding DWI in Texas
Texas law states that you cannot operate a motor vehicle while impaired by any substance. This means alcohol, drugs, and even some prescription medications. This is because substances can affect certain mental and physical faculties, which makes it exceedingly dangerous to try and operate a motor vehicle. In addition, hundreds of prescription medications can make driving hazardous and illegal, including Xanax, oxycodone, Valium, and many more. Shockingly, even some antihistamine drugs that fight allergies may impair you to the point where driving becomes dangerous and unlawful.
What Is an Attorney Writ Bond, and How Can It Help You Get Out of Jail Sooner?
You may have heard of stories where someone is arrested on suspicion of having committed a crime. That individual is forced to sit for several miserable days in jail before getting in front of a judge. This typically happens on weekends. In Texas, the law states that a suspect is usually required to go before a judge so that bail can be set. Once bail is set, the suspect can secure a bond and then be released. What if there was a better option that did not require suspects to be held in jail for days?
The good news is that there is a better option! In Texas, you are likely eligible for a writ bond if you have been arrested for certain non-violent offenses. A writ bond is a procedure an experienced licensed attorney can set up with the Sheriff's Department. This arrangement can get someone out of jail without first having to go before a judge. If you have been arrested, contact an attorney with experience in attaining writ bonds for clients suspected of having committed a crime so that you can get out of jail only a few hours after being arrested instead of sitting in jail for days.
Can I Be Pulled Over for DWI Based on an Anonymous Tip?
Good citizens are everywhere, and they are called that because they are generally “good.” Their behaviors mean no harm and are only meant to help the community or someone in need. Some are inclined to notify law enforcement when they witness what they believe to be a crime, and anonymous tips from these individuals pour into police stations regularly. A significant portion of these tips is from drivers or passengers on the roadway reporting someone who appears to be driving while intoxicated (DWI) by alcohol or drugs.
What Do the Police Do With This Information?
If a tipster calls 911 to report an emergency, such as a drunk driver on the road, the operator will immediately begin to attempt to get as much information out of the informant as possible. The 911 center keeps a record of the call and can call the number back to obtain more information. This information alone is generally enough for police to stop a vehicle or driver matching the tipster’s description so that the officer can ask questions and gather more information.
What You Should Know If You Have Been Charged with Domestic Violence in Texas
Being arrested and charged with a crime can be a downright nerve-wracking experience. This is especially true regarding violent crimes like domestic violence. In Texas and society as a whole, domestic violence is looked down upon and is prosecuted aggressively. In a previous blog, we discussed the law surrounding domestic violence in Texas. Today, we will delve deeper into what to do and what not to do if you have been arrested and charged with a serious offense like domestic violence.
Something tricky about being charged with a crime is that you are likely to feel a blend of emotions. It is imperative you do not let these emotions cloud your judgment. Understand that, at all costs, you want to avoid being convicted, as a conviction of domestic violence can devastate your life and career. If you have been charged with domestic violence, immediately seek the counsel of a domestic violence attorney. Hiring a skillful attorney may make the difference in whether you are found not guilty or go to prison.
What Constitutes Assault in Texas?
The Dallas Morning News reported that authorities were investigating allegations that an incumbent Collin County judge slapped a judicial challenger after a contentious Commissioners Court meeting earlier this month. The alleged victim, a Democratic candidate for judge, reported the alleged assault to the Collin County Sheriff’s Office.
Texas Penal Code § 22.01 plainly states that a person commits an assault offense when they intentionally, knowingly, or recklessly cause bodily injury to some other person, which includes their spouse, threaten another person with impending bodily injury, including their spouse, or cause physical contact when an alleged offender either knew or should have known another person would regard contact as being offensive or provocative. The simple truth is that an alleged assault does not have to be inherently violent to result in criminal charges.
Assault Charges in Texas
Assault crimes vary in criminal severity depending on a number of factors, including the harm that an alleged offender causes to another person. An assault offense involving threats or physical contact will be a Class C misdemeanor when an alleged offense results in no injury to another person.
Aggravating Factors in DWI Cases
A Carrollton police officer was killed while assisting another officer with a driving while intoxicated (DWI) investigation in the westbound lanes of 1905 East President George Bush Turnpike last month. The 82-year-old driver who struck the squad car was pronounced dead at the scene.
While the scene of the crash was a DWI investigation, that was a separate case. However, the accident is a good reminder for all people to be aware that DWI charges in Texas can be enhanced when people are involved in motor vehicle accidents that involve police officers. There are many other reasons that people can face aggravated criminal charges.
Types of Aggravated DWI Charges
DWI is generally a Class B misdemeanor offense, but a person can face Class A misdemeanor charges when they have a breath or blood alcohol concentration (BAC) of 0.15 or more. A DWI committed with a child passenger, meaning a passenger less than 15 years of age, is a state jail felony.
Dealing With Domestic Violence
When it comes to domestic violence, shelters in Collin County providing temporary shelter and support services to victims, the Texas Health and Human Services Commission reports that Hope's Door New Beginning Center, Inc. and Texas Muslim Women’s Foundation in Plano are the only two. The state notes that services it offers to survivors of domestic violence include temporary 24-hour shelters, a 24-hour hotline, and legal assistance.
The state of Texas and the prosecutors who work for the state for it take domestic violence offenses seriously and try to get severe punishments imposed against alleged offenders in these cases, so you need to take your case seriously if you are facing allegations of any kind of crime of domestic violence. Prosecutors in these cases often paint alleged offenders in ways that can make them seem more hazardous than they actually are to try and secure convictions. With this in mind, you will want to be sure you have a criminal defense attorney on your side to defend you in court and fight to get charges reduced or dismissed.
Can You Get a DWI for Prescription Medicine?
Most adults take prescription medications from time to time. Whether a person takes antibiotics for an infection, pain medicine for a sports injury, psychiatric medicine for a mental illness, or another type of medication, it is important to know how prescription medication can lead to DWI charges.
If you or a loved one were charged with DWI for driving while taking prescription medication, it is essential to seek legal assistance as soon as possible. A DWI lawyer in your area can review your case and help you determine the best course of action.
People Taking Legal, Prescription Medication Can Be Charged With Intoxicated Driving
In Texas, driving while intoxicated does not only refer to driving under the influence of alcohol. The Texas penal code states that "intoxicated" is defined as not having normal use of physical or mental facilities because of:
What Does a Criminal Defense Lawyer Do For You?
When 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
Can You Go to Jail for Pot Brownies in Texas?
In Texas, possession of marijuana, cannabis, or THC edibles is still illegal. Texans can face significant consequences, including incarceration, for possession, distribution, or cultivation of marijuana. Tetrahydrocannabinol (THC) is the substance found in marijuana that causes the psychoactive effects of the drug. Some people extract THC and mix it into foods such as cookies or brownies. Serving a pan of so-called "pot brownies" at a party may seem harmless. However, in Texas, it is a crime that can result in life-changing consequences.
Texas Laws Regarding Foods Containing THC
THC concentrate or resin is treated differently under Texas law than marijuana flower. The Texas Controlled Substances Act classifies THC products to be in penalty group two. While possession of less than four ounces of marijuana flower is a misdemeanor offense in Texas, possession of even a very small amount of THC concentrate is a felony offense.