Posted on December 08, 2021 in Criminal Defense

Jail can be a drastically unpleasant if not outright unsafe place. If your loved one has been arrested, getting them released as quickly and easily as possible is probably your most pressing concern. In most Texas criminal cases, the arrested person must be brought before a judge before bond is set and there is an opportunity to be released - assuming bond is not prohibitively expensive. This can take days, especially if the arrest happened over a weekend.

However, in some misdemeanor cases, it is possible to get out of jail before seeing a judge using an attorney writ bond. Only people accused of certain misdemeanor offenses qualify for attorney writ bonds. You will need to contact a lawyer to determine your or your loved one’s eligibility.

What Charges Could I Use an Attorney Writ Bond to Get Released For?

An attorney writ bond can get a newly arrested person out of jail within just a few hours. These bonds allow a licensed attorney to bypass the requirement that an arrested suspect see a judge before being released by making an agreement with the Sherriff’s Department and promising that the defendant will show up for court.

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 Posted on November 23, 2021 in DWI

A dismissal is the “dream outcome” for the defendant in any criminal case. If your DWI charge is dismissed, you will have no criminal record and are free to move on with your life almost as if the whole thing never happened. Getting a DWI dismissed is difficult, but possible in some cases. Certain defects in the prosecution’s case open the door for a skilled DWI lawyer to argue for dismissal. If you are facing DWI charges in Texas, it is important that you take the matter very seriously and consult with a qualified criminal defense lawyer to begin building your best defense.

What Are Some Reasons DWI Charges May Get Dismissed?

Every state actor, from the police to the prosecutor has certain rules they must follow in order to successfully bring a case. Problems can arise at almost any stage in a criminal case that could defeat the prosecution and lead to a dismissal. If any of these apply to your situation, you should speak to an attorney to find out if your case could be dismissed:

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 Posted on November 15, 2021 in DWI

Texas state law is unusually lax when it comes to allowing forced blood draws in DWI cases. A variety of circumstances could allow police officers to take your blood without your consent and use the results against you in a DWI prosecution. This can leave you in serious legal jeopardy on top of feeling violated. If you have been charged with a DWI based on a failed forced blood test, you will need to work with an attorney who is experienced at challenging these tests. Even if the blood test you were made to submit to was legal in Texas, there are other ways to challenge the validity of the results.

When Is a Blood Test Mandatory in DWI Cases?

When you are suspected of a DWI, there is a chance you could be forced to submit to a blood test without your consent. This can happen if the arresting officer reasonably believes you are intoxicated and one of these circumstances exist:

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 Posted on November 09, 2021 in Drug Charges

It is a common beginning to many Texas drug possession prosecutions - during a traffic stop, a police officer spots a substance he thinks could be an illegal narcotic. The suspected contraband could be something as suspicious as a small bag of white powder, or as mundane as an unidentifiable sticky substance on an object in the back seat. The officer reaches for an inexpensive field test kit, and the results show that the substance is indeed a narcotic - much to the surprise of the driver.

Texas police officers rely heavily on these field test kits to back up their suspicions in order to make arrests and kick off criminal prosecutions. However, these tests sometimes produce false positives, sending innocent Texans to jail. If you have been charged with a drug crime, finding a strong attorney should be your first priority right now. Texas drug laws are notoriously strict.

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 Posted on November 03, 2021 in Criminal Defense

In Texas, stalking and harassment are both criminal offenses. You may sometimes hear them used interchangeably, but while they have similarities, they are separate crimes. Harassment is usually a misdemeanor and can be charged based on a single incident. Stalking is generally a third-degree felony and must be based on a pattern of behavior. If you have been charged with either stalking or harassment in Texas, it is important that you take the charges very seriously and contact an experienced criminal defense attorney.

What Do Stalking and Harassment Have in Common?

Both offenses are considered a form of “mental assault.” This means that both stalking and harassment are a sort of attack on a person that does not involve actual physical violence. In fact, neither offense requires that the perpetrator gets anywhere near the victim - both offenses can be carried out entirely online or over the phone. Harassment and stalking both involve, to varying degrees, frightening or abusing the victim.

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 Posted on October 28, 2021 in Attorney Writ Bonds

After an arrest, defendants must typically put up some type of bail bond before they can be released from jail. The amount of bail set is proportionate to both the crime alleged and the defendant’s personal flight risk. Bail is used as a way of ensuring that a defendant will show up for his court appearances if he is allowed to leave the jail and go free until sentencing.

Unfortunately, for some, posting bond can be difficult. Yet, when you or your loved one is stuck in jail, nothing seems more important. There are a handful of ways to pay bond in Texas. In some cases, an attorney writ bond can be used to get out of jail faster. If you or your loved one has been arrested and is in jail, you should contact an attorney as soon as possible.

What Ways Can I Pay Bail in Texas?

Once you have seen a judge and your bond has been set, there are several options for paying it and being released from jail. However, if you do not want to remain in jail until you can see a judge, an attorney writ bond is likely your best - and only - option to get released. In Texas, the main ways to post bail include:

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 Posted on October 22, 2021 in Attorney Writ Bonds

If you get arrested over the weekend, an attorney writ bond may be the only way to get you out of jail before Monday morning when you could see a judge. People charged with most misdemeanors are eligible to be released from jail on an attorney writ bond before seeing a judge. There are, however, exceptions. If you are trying to find a way to get yourself or a loved one out of jail on an evening or weekend, the Law Offices of Biederman & Burleson may be able to help. After being arrested for any charge, it is important to get in contact with a qualified attorney as soon as you can, even if that means calling from jail.

Who Is Eligible for an Attorney Writ Bond in Texas?

Most misdemeanor arrestees are eligible to get out of a Texas jail before seeing a judge if a qualified attorney is willing to sign a writ bond. You may be eligible for a writ bond if you were arrested for:

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 Posted on October 15, 2021 in DWI

Texas police officers cannot pull over a vehicle unless they have what is called “reasonable suspicion” that the driver is breaking the law. Arguing that the officer who arrested you for DWI did not have reasonable suspicion for the initial stop is one way that a lawyer can challenge a DWI charge. If the traffic stop was illegal in the first place, any charges stemming from it are likely to be dismissed. This is a very important standard to understand in the context of DWI defense.

If you have been charged with a DWI in Texas, you will need an experienced attorney to give you the best odds of beating the charge. Texas’s DWI laws can be harsh and have a negative impact on your life for a long time.

What Does “Reasonable Suspicion” Mean?

An officer has reasonable suspicion for a traffic stop if an objective person who has observed what the officer has observed would come to the conclusion that the driver is violating a law. The officer must be able to point to observable, objective facts that led him to believe you were doing something illegal. A traffic stop cannot be based on a mere “hunch” or “gut feeling.”

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 Posted on October 07, 2021 in Drug Charges

Drug tests are administered all the time, by employers and probation officers alike. Most people have had to take one at least once, whether to satisfy a potential employer’s policy or to satisfy a condition of parole after previous drug charges. Drug tests can be particularly frustrating for legal users of medicinal low-dose THC. For some people, it may be tempting to find a way to cheat the test. Unfortunately, in Texas, falsifying the results of a drug test may be a crime that could land you in jail - depending on how you go about faking the results. If you have been arrested for falsifying the results of a drug test, contacting an attorney should be your first priority.

When Is Falsifying the Results of a Drug Test a Crime?

Actually, it is not the act of falsifying the results (“cheating the test”) that is a crime under the drug test falsification statute. Instead, this statute actually criminalizes “knowingly or intentionally us[ing] or possesses[ing] with intent to use any substance or device designed to falsify drug test results.” It is also illegal to manufacture or deliver such a product.

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 Posted on September 24, 2021 in Family Violence

The state of Texas takes crimes of violence seriously, and this is especially true if these crimes involve family or household members. Although a conviction for certain types of domestic violence, such as threats or offensive conduct, may carry only misdemeanor penalties, other domestic assault convictions can carry far more serious penalties.

One of the more serious domestic crimes a person can commit is continuous violence against the family. It is important to understand what acts can allow for this charge and what the penalties are. If you have been charged with continuous violence against the family, contact a Texas criminal defense attorney right away so you can start building a strong defense.

What Is Continuous Violence Against the Family?

A crime committed against a family or household member, including current and former spouses and dating partners, parents of a child (even if they do not live together), relatives, foster relationships, and roommates, is domestic assault.

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