Posted on September 28, 2020 in DWI

When you get behind the wheel after having a few drinks, you generally understand the risks of doing so. While you may not be thinking about the risks at the time, you almost certainly realize that it is dangerous to drink and drive. You probably know that alcohol impairs both your mental and physical faculties, which increases your chances of being involved in an accident. There is also the danger of getting pulled over and arrested for driving while intoxicated (DWI)—the consequences of which can be quite severe.

Drinking and driving puts others on the road in danger, of course, but what about those in the car with the drunk driver? More importantly, what happens if there is a child riding in the car with a driver who has been drinking? Under Texas law, DWI with a child passenger is a serious criminal offense, and if you are convicted on such a charge, there is a good chance that you will go to jail.

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 Posted on September 22, 2020 in DWI

If you were asked to do so right now, with no advance warning, could you stand on one foot while holding the other foot slightly off the ground for a full 30 seconds? Could you walk in a straight line—putting your foot heel to toe with every step—then turn around and come back on the same line, possibly without being able to look down at the line? If you were to have trouble with either of these exercises, federal authorities say that there is roughly an 80 percent chance that you are intoxicated.
Obviously, this was intended to be an exaggerated scenario, but in reality, the tests mentioned above are actually used by the police every day to test drivers who might be impaired by drugs or alcohol. The results of such tests are often presented as evidence against defendants facing charges for driving while intoxicated (DWI), despite the fact that these tests are not nearly as accurate as law enforcement officials would have you believe.

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 Posted on September 17, 2020 in DWI

Driving while under the influence of alcohol or drugs is a serious offense in Texas. If you are pulled over by a police officer, asked to take a breathalyzer or field sobriety test, and arrested for driving while intoxicated (DWI), you will want to understand the types of criminal charges you may face, the potential consequences of a conviction, and whether you will lose your driver’s license. However, your first priority will likely be to find out how you can be released from custody. 

If you are arrested and booked at a local police department or a county jail, the procedures followed can be confusing, and you may not understand whether you will be required to appear before a judge or post bail before you can be released. Fortunately, by working with a lawyer, you may be able to get out of jail more quickly through an attorney writ bond.

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 Posted on September 09, 2020 in Family Violence

Relationships between spouses, family members, or people who live in the same household can sometimes be strained, and arguments or conflicts can escalate into situations involving accusations of family violence. If you have been accused of committing domestic violence, you should be aware that you could not only face criminal charges, but you may also be subject to a protective order (commonly known as a restraining order). The most common type of protective order that is issued in Texas is the Magistrate’s Order of Emergency Protection (MOEP), and it is important to understand when this type of order will apply and the effects it can have on your life.

Protective Orders Issued by Criminal Courts

If a person is arrested because of accusations of family violence, stalking, or sexual assault, a criminal court judge (known as a magistrate) may issue an emergency order of protection. A judge may issue an order based on his or her own discretion or following a request from an alleged victim, a peace officer, or a prosecutor. If an alleged family violence offense caused serious bodily injury to a victim or involved the use of a deadly weapon, a magistrate is required to issue an emergency protective order. 

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 Posted on August 28, 2020 in Criminal Defense

In many cases involving drug possession, weapons possession, and theft, the State of Texas relies on evidence obtained through a search warrant in order to establish the defendant’s guilt. If an officer approaches you with a warrant, you may fear that a guilty verdict is inevitable, but this is not always the case. With the help of an experienced criminal defense attorney, you may be able to contest the admission of evidence seized in the search and prevent it from influencing the outcome of your case.

Understanding Your Fourth Amendment Rights

The Fourth Amendment to the United States Constitution protects citizens and their property from unreasonable search and seizure. It states that warrants may not be issued without probable cause supported by a sworn affirmation and that they must describe the specific place to be searched and the items to be seized. The Texas Code of Criminal Procedure includes provisions to ensure that warrants are issued and executed in compliance with the Fourth Amendment, and if those provisions are not upheld, your rights may be in violation.

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 Posted on August 25, 2020 in DWI

Hundreds of Texans are killed in car accidents involving alcohol each year, and in order to reduce this risk, Texas enforces a driver’s license suspension for many motorists who are arrested for or convicted of driving while intoxicated (DWI). However, these suspensions are usually not permanent, and drivers have the right to apply for reinstatement of their license when the time period of their suspension has passed. With the help of a DWI defense attorney, you can demonstrate to the state that you can drive safely in the future and get your license back as soon as possible.

When Can Your License Be Suspended in Texas?

If you are arrested for an alcohol-related driving offense, your license may be suspended under any of the following circumstances:

• You refuse to submit to a blood or breath test during a traffic stop.

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 Posted on August 20, 2020 in DWI

For many people, alcohol is the first substance that comes to mind in relation to the offense of driving while intoxicated (DWI), but Texas law defines intoxication as having one’s mental and physical capacities impaired by the use of any drug or substance. As some states continue to legalize or decriminalize marijuana and THC products, many drivers are being arrested on DWI charges related to these specific substances. In Texas, where recreational marijuana use and possession remain illegal and medical marijuana is highly regulated, motorists may face harsh penalties for driving under the influence of marijuana. If you are facing marijuana DWI charges, you need a skilled criminal defense attorney who can help you contest and reduce the charges or avoid a conviction altogether.

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 Posted on August 12, 2020 in DWI

Driving while intoxicated (DWI) is treated as a serious criminal offense for Texans of any age, but underage drinkers are subject to even more stringent penalties. Texas not only has separate laws for driving under the influence (DUI) that apply to drivers under the age of 21 with any amount of alcohol in their system, but several other underage drinking offenses can also result in the loss of driving privileges. If you or your child has been arrested on an underage drinking charge, you should know about the potential legal consequences. An experienced criminal defense attorney can help protect your rights and driving privileges.

Texas Underage Drinking Laws

In Texas, underage drivers can be arrested for DUI if they have consumed any alcohol before driving. A police officer can make an arrest based on a blood alcohol content (BAC) test, even one with a result below the legal limit of 0.08 percent, or based on smelling alcohol on the driver’s breath. Texas law also prohibits someone under the age of 21 from purchasing, possessing, and consuming alcohol in most situations, as well as being drunk in public. A person arrested for the first time for any of these offenses may face Class C misdemeanor charges.

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 Posted on July 29, 2020 in Criminal Defense

With the prosecution of new cases at the federal level for white-collar crimes down 25 percent in the last five years, it might seem easier than ever to get away with these nonviolent crimes. However, in the months since the beginning of the public health crisis, especially shortly after the enactment of the Defense Production Act, the Justice Department has been adamant about investigating and prosecuting white-collar criminals who are seeking to make illegal profits off of the pandemic, be it through price-gouging, equipment hoarding, market manipulation, insider trading, or fraudulent sales activities. In that sense, a flurry of activity prosecuting white-collar crimes is likely to reverse the recent downward trend in the number of cases and, since these are usually federal crimes, Texas residents are just as likely to face such charges as any other Americans would be.

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 Posted on July 22, 2020 in Criminal Defense

You may have already heard about expunctions in Texas. This is when you and your lawyer are able to go to court to wipe your criminal record clean of charges. This is particularly useful to people who do not have multiple offenses and simply want to get that “one bad mistake” removed from their record so they can move forward with their lives. However, getting that “clean slate” that everyone hopes for is not a given; some people do not qualify for it. In those cases, an Order of Nondisclosure might be the right choice. Here is how a nondisclosure order can help you and how you can qualify for one.  

Benefits of a Nondisclosure Order

While getting an Order of Nondisclosure will not wipe your entire criminal record clear, giving you the clean slate you crave, it can still assist in helping you get your life back on track. These orders essentially require records of a specific crime to be sealed from the public, including all information related to:

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