Posted on May 11, 2022 in Family Violence

Millions of people all over the world have been following the Johnny Depp defamation case recently. Depp was accused of domestic abuse by his ex-wife Amber Heard, but Depp claims that the opposite was true. He claims that he was the victim and that Heard was the abusive one.

Of course, the only two people who really know what happened in this situation are Mr. Depp and Ms. Heard. However, the case has sparked a nationwide conversation about how we view male domestic violence victims and female domestic violence victims. Do courts assume that men are the aggressors and females are the victims? Do gender stereotypes influence criminal cases involving family violence?

Gender Stereotypes and Family Violence Arrests

Men are statistically more likely to commit violent crimes like assault or domestic abuse. Women are more likely to be victims of intimate partner violence. However, not every situation aligns with these statistical patterns. In fact, the CDC reports that approximately one out of three men have been the victim of intimate partner violence (including stalking) at some point in their life. Gender stereotypes may make it difficult for legitimate male victims of family violence or assault to get the help they need. In some cases, a male abuse victim may even be the one who is arrested and charged with family violence.

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 Posted on April 28, 2022 in DWI

Driving while intoxicated by alcohol can lead to administrative and criminal penalties in Texas, including a mandatory ignition interlock device (IID). Once the IID is installed in a vehicle, the driver must blow into the device and prove that he or she has not been drinking to start the car. If the device detects alcohol on the driver’s breath, the car will not start. Many people wonder if there is any way to cheat or hack the device. Read on to learn more.

Tricking a Breath Test or Ignition Interlock Device

The purpose of an IID is to ensure that an individual is not under the influence of alcohol while driving. The device is like a breathalyzer. To use it, you blow into the device’s mouthpiece. The device calculates the alcohol content of the breath sample. If the sample contains alcohol, the ignition will not engage and the car will not start. If there is no alcohol on the person’s breath, the car will start normally.

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 Posted on April 21, 2022 in Criminal Defense

The term “kidnapping” may conjure images of someone taking a child and attempting to keep him or her from his or her home. However, kidnapping can involve children or adults. Furthermore, the circumstances that can lead to kidnapping charges may surprise you. Disputes about child custody or even family or romantic disagreements can sometimes lead to kidnapping allegations. Kidnapping is usually a state-level offense, but it is also possible for kidnapping to be a federal offense.

If you or a loved one were charged with kidnapping, contact an experienced criminal defense lawyer right away.

What Constitutes Kidnapping?

In order to convict someone of kidnapping, the prosecution must prove beyond a reasonable doubt that the person intentionally deprived another person of his or her personal freedom by:

• Hiding or holding the individual in a place they are unlikely to be found or

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 Posted on April 13, 2022 in DWI

Texas law prohibits individuals from operating a vehicle under the influence of alcohol or drugs. If police officers see someone driving erratically, ignoring stop signals, or otherwise driving in an unsafe manner, the police may pull the person over and ask them to take a field sobriety test. Field sobriety tests involve completing some type of physical task while officers watch for signs of alleged intoxication. While field sobriety tests are generally considered to be reliable methods of determining a driver’s intoxication, there are many different issues that can cause a sober person to fail a field sobriety test.

Obesity and Physical Health Problems

A significant portion of the population has a body mass index that puts them in the “obese” or “morbidly obese” category. For these individuals, completing field sobriety tests may be difficult or even impossible. The most common field sobriety tests include the one-leg stand, walk-and-turn test, and horizontal gaze nystagmus. The one-leg stand and walk-and-turn tests are supposed to assess the driver’s ability to balance. However, being significantly overweight or obese can make it much harder for people to balance and complete these tasks correctly.

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 Posted on April 08, 2022 in Drug Charges

If you are like most people, you probably have questions about the legality of cannabis and cannabis-related products in Texas. Public opinion on cannabis has changed dramatically in the last several decades and more and more states are decriminalizing or fully legalizing marijuana products. In some states, only individuals with a valid medical marijuana card are permitted to possess and consume cannabis. In other states, any adult may possess a moderate amount of marijuana flowers, edibles, or other marijuana-containing products. Delta-8 products and CBD products are considered to be different substances than traditional cannabis. However, the legality of these products has also been subject to controversy and confusion.

What is the Difference Between CBD, Delta 8, and Delta 9?

Cannabis is a plant that contains over 100 chemical compounds called cannabinoids. THC (tetrahydrocannabinol) is the component of marijuana that produces the psychoactive effects, or “high” marijuana is known for. However, other compounds in marijuana and hemp plants do not produce any psychoactive effects. CBD (cannabidiol) has been shown to help with certain medical conditions without producing the “high” of THC.

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 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

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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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