Posted on December 14, 2020 in DWI

It is well-known that drunk driving is against the law. Alcohol intoxication can make it difficult or impossible for a person to drive safely, and it can lead to dangerous car accidents in which people are injured or killed. Because of this, Texas drivers who operate a vehicle after drinking alcohol or using drugs can face serious criminal charges. Even a first-time DWI offense can lead to multiple penalties that can affect a person for years to come, and those who are facing these types of charges will want to work with a criminal defense attorney to determine the best defense strategy.

Criminal and Administrative Penalties for a First DWI Offense

Under the Texas Penal Code, a person may be charged with the offense of Driving While Intoxicated (DWI) if they operate a motor vehicle in a public place while they have a blood alcohol concentration (BAC) of .08 percent or more. A person may also be considered intoxicated if they have lost their normal physical or mental faculties because of the use of alcohol, controlled substances, prescription medications, or any combination of these substances.

Continue Reading ››

 Posted on December 07, 2020 in Drug Charges

Drug use is common in the United States, and there are a variety of drug charges that a person may face if police officers suspect that they have used illegal substances. In many cases, drug possession charges will apply if a person is found to have controlled substances on their person or in their home or vehicle. Those who are found in possession of large amounts of drugs or who are suspected of engaging in the sale of drugs to others may face more serious charges of drug delivery, distribution, or trafficking. However, drug charges may also apply in some situations where a person was not actually in possession of drugs, but instead possessed or sold items related to the use or delivery of illegal substances.

Continue Reading ››

 Posted on November 30, 2020 in Family Violence

Domestic violence is an ongoing concern for law enforcement officials, especially during the COVID-19 pandemic. Because of the increased stress that many people are feeling and the requirements to remain together in the same home without the chance to participate in normal activities, disagreements between family members may spiral out of control, leading to accusations of family violence. Other factors that may play a role in these cases include economic anxiety due to job loss or reductions in income, as well as increased rates of drug and alcohol abuse. While a single accusation of domestic assault can lead to consequences that may affect a person’s relationship with their children or other family members, repeated instances of alleged family violence can lead to even more serious criminal charges in Texas.

Continue Reading ››

 Posted on November 24, 2020 in DWI

As you prepare for Thanksgiving, it is important to be aware of the increased risk of being arrested on suspicion of drinking and driving. Holiday get-togethers often involve alcohol consumption, and because of this, police officers will be on the lookout for intoxicated drivers during the extended holiday weekends in November and December. Those who expect to consume alcohol will want to understand the steps they can take to avoid being arrested for driving while intoxicated (DWI) in Texas.

Operation CARE and No Refusal Weekends

The Texas Department of Public Safety (DPS) has stated that it will be increasing its enforcement efforts over the Thanksgiving weekend, lasting from Wednesday through Sunday. During this time, officers will be conducting more patrols than normal and looking specifically for drivers who are suspected of drunk driving, as well as other traffic violations, such as speeding and driving without a seat belt.

Continue Reading ››

 Posted on November 16, 2020 in DWI

Drunk driving is illegal, and a person can face criminal charges for driving while intoxicated (DWI) by alcohol or drugs. In many cases, DWI charges occur because of a lapse in judgment or because a person believed that it was safe to drive without realizing that he or she was above the legal limit for blood alcohol content (BAC). 

Being convicted of DWI in Texas can have a variety of serious consequences, including driver’s license suspension, thousands of dollars in fines, time in prison, probation, community service, participation in DWI education programs, and the requirement to use an ignition interlock device (IID). In many cases, a person will face DWI charges after being pulled over by a police officer, but unfortunately, some cases involve serious car wrecks that may result in the injury or death of others. In these cases, a person who is being charged with DWI should be sure to understand the charges that may apply and the potential penalties he or she could face.

Continue Reading ››

 Posted on November 10, 2020 in Criminal Defense

The term stalking may conjure up images of someone following another person, sending excessive emails, or constantly calling them on the phone. Similar to domestic abuse, stalking is a crime that is all about control and power. Stalking is broadly defined as “conduct directed at a specific person that involves repeated visual or physical proximity, non-consensual communication, or verbal, written, or implied threats, or a combination thereof, that would cause a reasonable person fear.” According to the Centers for Disease Control and Prevention’s (CDC) National Intimate Partner and Sexual Violence Survey (NISVS),1 in 6 women and 1 in 19 men have been the victim of during their lifetime.

Common Stalking Behaviors or Actions

Under the Texas Penal Code, the offenses of harassment and stalking are very closely linked. Stalking can best be described as aggravated harassment. However, harassment charges can come after a single act. On the other hand, stalking charges may be filed against a person who repeatedly (on more than one occasion) engages in conduct that would constitute harassment or that causes another person to fear for his or her own safety or the safety of his or her loved ones. 

Continue Reading ››

 Posted on October 26, 2020 in Drug Charges

Over the last several years, the marijuana laws in many parts of the United States have changed significantly. Multiple states have legalized marijuana for either medicinal or recreational use. In some cases, states, counties, or cities have taken steps toward decriminalization by treating possession of small amounts of marijuana as a petty offense rather than a criminal charge. However, possession of marijuana is still a criminal offense in Texas.

As the legal use of marijuana has become more widespread, a wide variety of different cannabis products have been made available. In addition to the traditional methods of smoking marijuana, users may consume cannabis by using vape pens, edibles, or even lotions. Texas residents should be sure to understand how the state’s laws address these types of products, and a criminal defense lawyer can provide skilled legal representation for a person who is facing drug charges related to the possession of marijuana products.

Continue Reading ››

 Posted on October 21, 2020 in DWI

Like many other states, Texas takes the crime of drunk driving seriously. A DWI arrest or conviction can be difficult for anyone to overcome, but it is especially challenging for truck drivers and other holders of a commercial driver’s license (CDL) who rely on their driving privileges in order to make a living. If you are a commercial driver facing DWI charges, you need an experienced attorney who can provide the best possible defense so that you have a chance of avoiding criminal penalties that can impact your livelihood.

Additional Restrictions for CDL Drivers in Texas

Under Texas law, if the driver of a passenger vehicle is pulled over under suspicion of driving under the influence and registers a blood alcohol concentration (BAC) of more than 0.08 percent, he or she can be arrested and charged with DWI and face an Administrative License Revocation (ALR) for 90 days or more while awaiting trial. A driver who refuses to submit to a blood or breath test can be subject to an ALR for 180 days or more.

Continue Reading ››

 Posted on October 14, 2020 in Assault

In Texas, the crime of assault is taken seriously. This particular offense includes any situation in which the offender intentionally or knowingly causes or threatens bodily harm to another person, or physically contacts another person in an offensive or provocative manner. However, the severity of the assault and the resulting penalties can vary greatly depending on the situation. A skilled criminal defense attorney can be especially important if you are facing charges of aggravated assault in Texas.

Consequences of a Texas Aggravated Assault Conviction

In most cases, simple assault in Texas is considered a Class A misdemeanor or lower, resulting in penalties of up to one year of imprisonment and $4,000 in fines. However, certain factors can increase the charges to aggravated assault, including:

Continue Reading ››

 Posted on October 06, 2020 in Drug Charges

In the state of Texas, criminal drug charges can result in severe consequences that may affect you for the rest of your life, including burdensome fines, extended imprisonment, and a criminal record that can impact your employment opportunities, immigration status, and more. Drug possession on its own is treated as a serious offense, and when you are facing charges of intent to distribute or manufacture drugs, the potential penalties are even more significant. However, it can be difficult for the prosecution to prove intent in cases such as these. That is why it is essential that you consult a skilled criminal defense attorney who can build a strong defense on your behalf. 

What Are the Penalties for Possession With Intent to Distribute or Manufacture?

You may be charged with possession with intent to distribute or manufacture a controlled substance if law enforcement believes that you are in possession of a drug for purposes other than your own personal use. In most cases, these charges can result in greater penalties than charges of possession alone under Texas law. For example, possessing 1-4 grams of cocaine is a third-degree felony with possible penalties including 2-10 years of imprisonment and up to $10,000 in fines, whereas possessing the same amount with intent to distribute or manufacture is a second-degree felony with a maximum prison sentence of 20 years in addition to a possible $10,000 fine.

Continue Reading ››