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Recent Blog Posts
What Happens if You Are Caught with Cocaine in Texas?
Texas is known for having strict laws prohibiting the use of drugs like marijuana, cocaine, heroin, and methamphetamine. If you or a loved one were arrested for possession of cocaine, it is important to realize the gravity of these allegations. You or your loved one may be facing life-changing criminal penalties. The penalties you face are especially harsh if the prosecution alleges possession with intent to distribute.
Cocaine Possession Laws in Texas
The state of Texas categorizes illicit substances into several penalty groups based on the drug’s perceived severity. Cocaine is in penalty group 1, which means that cocaine-related offenses are penalized more harshly than offenses involving drugs like marijuana. Being caught with even a small amount of cocaine or crack cocaine is a felony offense punishable by significant jail time. The greater the amount of cocaine allegedly in your possession, the harsher the penalties:
Top Mistakes to Avoid When Interacting with Law Enforcement During a Traffic Stop
There is no doubt that law enforcement officers are a crucial component in a safe and functioning society. However, the U.S. Constitution, as well as other legislation, Limits the authority of police officers and other government officials in order to protect citizens’ rights. If you are ever stopped by police or arrested for a criminal offense, it is crucial that you assert your rights and avoid these common mistakes.
Acting Suspiciously or Aggressively During a Traffic Stop
If you are pulled over for speeding, running a stop sign, or another alleged infraction, it is important to remember that many traffic stops result in little more than a warning or minor fine. The actions that you take during the traffic stop can directly influence how the traffic stop ends. When you see flashing lights, pull over and turn the vehicle off. When the officer walks over to your car, roll down the window and respond politely in a non-aggressive tone. Give the officer your license, registration, and insurance information if asked for it.
A Writ Bond Can Help You Get Your Loved One out of Jail Sooner
If your friend or a family member has been arrested and charged with a criminal offense, you may be confused and overwhelmed. You want to help your loved one, but you do not know what to do to help them. Fortunately, individuals arrested for driving while intoxicated (DWI), possession of an illicit substance, theft, or certain other non-violent offenses can take advantage of an option called an “attorney writ bond.” An attorney writ bond can be used to get someone out of jail – often within hours of his or her arrest.
An Attorney Writ Bond Can Speed Up the Bond Process
When someone is arrested for committing an alleged criminal offense, they are immediately taken to jail. The suspect is eventually taken before a judge who sets the suspect’s bond and the conditions for his or her release. Unfortunately, some suspects must wait several days before they can attend the bond hearing. This is especially common when someone is arrested on a Friday night and must wait until Monday to see the judge. An attorney writ bond can speed up this process considerably. Often, an attorney writ bond can secure a suspect’s release within two or three hours.
When Do Police Have the Right to Search Personal Property in Texas?
It is not always easy to understand where police officers’ authority ends and citizens’ constitutional rights begin. If you are like many people, you may be unsure of what rights are afforded to you by state and federal law. You may also be unsure of how those rights apply to police searches and seizures. It is crucial for every citizen to know when police do and do not have the right to search personal property. If police officers discover evidence of a crime in an unlawful search, that evidence may be inadmissible or unusable during criminal proceedings.
Rights Protected by the Fourth Amendment to the U.S. Constitution
The Fourth Amendment enforces our right to be free of “unreasonable searches and seizures” by government officials like police officers. A government official cannot simply search a person’s home or belongings or take a person’s property for no reason. However, police searches that meet certain criteria are permissible under the Fourth Amendment and other legislation. Our expectation of privacy also varies depending on the type of property in question. For example, police do not have to obtain a search warrant before they search a motor vehicle.
Will Causing Bodily Injury Always Lead to Aggravated Assault Charges?
There are a variety of situations where someone may cause harm to someone else. In cases where someone acted in a way that was intentionally meant to injure someone, they may be charged with assault. While this can be a serious charge, the penalties can be even more severe if the offense is increased to aggravated assault. Because of this, anyone who is charged with assault involving bodily injury will want to understand the nature of their alleged offense, the potential penalties they may face, and the possible defense strategies that may allow them to avoid being convicted or reduce the offense to a lesser charge.
Assault vs. Aggravated Assault
“Simple” assault may be charged if a person knowingly and intentionally caused someone to suffer a bodily injury, and these charges may also apply if a person threatened to injure someone or even if they made physical contact with a person in a way that the person believed was provocative or offensive. Aggravated assault charges may apply if a person allegedly committed an act that could be considered assault that inflicted serious bodily injury on someone. An assault charge may also be increased to aggravated assault if the alleged perpetrator used or was carrying a deadly weapon when they committed the act of assault.
Will I Automatically Be Charged with DWI for Failing a Breathalyzer?
Driving while intoxicated by alcohol or other substances is unlawful in all fifty U.S. states. However, knowing when a driver is too intoxicated to drive safely is not always easy. Portable breath alcohol tests like breathalyzers are designed to measure the amount of alcohol on someone’s breath and use that information to calculate the person’s blood alcohol content (BAC). The results of these tests are not always accurate, however. As a result, many people wonder, “Will I go to jail for drunk driving if I fail a breathalyzer test?”
What Happens During a DWI Stop?
When a police officer suspects that a driver may be under the influence, he or she has a few options. Sometimes, the officer asks the driver to complete a field sobriety test. These tests assess a person’s coordination and body responses to determine if they are under the influence. However, illnesses, injuries, and a host of other issues can interfere with these tests. Breath tests are often used in addition to or in place of a field sobriety test.
Will I Face Criminal Charges for Shoplifting in Texas?
Shoplifting is one of the most common crimes in the country. In fact, it is estimated that there are over 500,000 incidents of shoplifting every day in the U.S. Most people know that taking something from a store without paying for it is against the law. However, few realize the consequences that retail theft can lead to. Shoplifting in Texas can damage your personal reputation, limit your employment opportunities, and in some cases, even lead to jail time.
Shoplifting Falls Under the Category of Theft
Unlike other states, there is not a law in Texas that specifically deals with shoplifting. If you are caught shoplifting, you face charges for theft. While shoplifting often brings to mind images of someone stuffing stolen items in a jacket or bag, this is not the only form of shoplifting that can result in criminal charges. Other situations that can lead to theft charges include:
Can You Face DWI Charges for Prescription Medicine in Texas?
When we think about driving while intoxicated (DWI), alcohol or illicit drugs typically come to mind. However, this is not the only substance that may lead to DWI charges in Texas. Many Texans are surprised to learn that driving after taking a prescription medication can sometimes lead to criminal charges – even if the driver was prescribed the medication by a doctor. The penalties for driving under the influence of a prescription drug are the same as those for drunk driving. If you or a loved one have been arrested for DWI because of driving while under the influence of prescription medication, speak with an experienced criminal defense attorney for help.
Driving Under the Influence of an Intoxicating Medicine Can Lead to Criminal Consequences
Over two-thirds of US adults take at least one prescription medication. Understandably, there may be a time when someone who takes prescription medication needs to drive. However, Texas law states that driving while under the influence of any intoxicating substance can lead to DWI charges. Even if you are taking the drug legally for a legitimate medical purpose, you can still face criminal consequences.
What Should I Do if I Have Been Falsely Accused of Domestic Violence?
There is no doubt that domestic violence and abuse are very real problems in Texas. However, not all accusations of domestic violence or domestic assault are true. Sometimes a family member, former romantic partner, or household member makes up an accusation of violence or abuse. An ex-spouse may claim family violence or child abuse in an effort to gain an advantage in a child custody dispute. An angry girlfriend or boyfriend may claim that you hit him or her to seek revenge for infidelity. The possibilities are endless. If you have been falsely accused of hurting a current or former family or household member, contact a criminal defense lawyer right away.
Do Not Seek Retaliation or Confront the Person Who Accused You
If you have been accused of something that you did not do, you may understandably feel angry and offended. However, it is important not to confront your accuser. This only gives him or her the opportunity to make further claims against you. It is possible that you are subject to an order of protection or “restraining order.” This is a court order that may prohibit you from contacting or coming within a certain distance of another person. A Temporary Ex Parte Order may be obtained in Texas without a hearing. This means that you may even be subject to a protective order without knowing it. Confronting your accuser will likely aggravate the situation and may even lead to criminal charges for violating a protective order.
Can Police Force Me to Take a Breath or Blood Alcohol Test in Texas?
In Texas, a driver can be arrested and charged with driving while intoxicated (DWI) for having a blood alcohol content (BAC) of 0.08 percent or greater. To determine whether a driver’s BAC exceeds the legal limit, police officers may conduct a field sobriety test or a breath alcohol test such as a breathalyzer. Many Texas drivers have questions about their legal rights during a traffic stop. You may have wondered, “Do I have to take a breathalyzer test?” or “What happens if I refuse a chemical BAC test?”
Preliminary Roadside BAC Tests
The majority of DWI arrests begin with one of two scenarios. The first occurs when a police officer notices that a driver is drifting between lanes, turning with an unusually wide radius, weaving in and out of traffic, or otherwise shows signs of intoxicated driving. The second scenario occurs when an officer pulls a driver over for an offense like speeding or a broken taillight and then notices signs of intoxication such as the smell of alcohol on the driver’s breath.
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