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DO I HAVE TO GO TO TRIAL IN TEXAS?

Recent Blog Posts

Defending Against Drug Possession Charges

 Posted on January 30, 2024 in Drug Charges

TX defense lawyerIn Texas, it is a crime to possess, distribute, or manufacture controlled substances. If you are facing charges of drug possession in Texas, you may be tried for either a felony or misdemeanor.

Potential punishments will depend on the severity of the drug and the amount in your possession. If you are in the midst of defending drug possession charges, you need the counsel of a Frisco drug possession attorney.

Drug Classifications in Texas

The Lone Star state classifies drugs according to their potential for abuse and if the substance serves a medical purpose.

A controlled substance is any government-regulated drug, substance, or chemical. The Texas Controlled Substances Act categorizes controlled substances as belonging to either Schedule I, II, III, IV, or V.

Schedule I has the highest potential for abuse and lacks safety standards for medical use, while drugs in Schedule V have the lowest rate of abuse and have a clear purpose in medical treatment. Drugs are also classified based on a patient’s risk of becoming dependent.

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Is Jail Time Possible for a DWI?

 Posted on January 25, 2024 in DWI

TX defense lawyerIf you are caught drinking and driving in Texas, even as a first-time offender, you will likely be facing jail time. Avoiding a conviction at all costs is very important to keep your record clear, but you need experienced counsel to help you through the legal process.

If you have been arrested for driving while intoxicated, our Frisco DWI defense attorneys can help you defend these charges against you.

Prison Time for a DWI

Impaired driving comes with severe consequences in the Lone Star state. If you have a blood alcohol concentration (BAC) of 0.08% or higher, you are driving over the legal limit in Texas. 

If you are a first-time offender, you will be sentenced to three days in prison, with the potential for up to 180 days. If it is your second offense, you may be sentenced to one month to one year in prison. For a third offense, you may be sentenced to two to ten years in prison.

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Domestic Assault Offenses in Texas

 Posted on January 15, 2024 in Family Violence

TX defense lawyerIf you commit domestic assault in the Lone Star state, you will be charged with domestic or family violence. Texas Family Code §71.004 defines domestic violence as an act against another family or household member that results in physical harm or bodily injury or places that person in fear of such harm or injury.

Our Frisco domestic violence defense attorneys would like to discuss various domestic assault offenses in Texas and the potential punishments for each.

Family Violence Facts

In a recent year, Texas experienced the following:

  • 196,564 incidences of family violence
  • 219,785 offenders
  • 39% of cases were between a husband and wife or ex-spouses
  • Approximately 74% of defendants were male
  • There were 447 incidences of family violence in Frisco, TX alone, with Collin County experiencing just under 2,900 incidences 

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Were You Arrested for DWI on New Year’s Eve?

 Posted on January 11, 2024 in DWI

TX DWI lawyerWe all like to ring in the New Year celebrating with loved ones. For many of us, that means enjoying a cocktail or other alcoholic beverages. While you might have believed you were fine to drive, you might have been one of the many people arrested on suspicion of driving while intoxicated (DWI) on New Year’s Eve.

If you were arrested for DWI on NYE and now face charges, you may be facing steep fines, license revocation, and even jail time. Your first line of defense against these charges should be to contact a Frisco DWI defense attorney.

Signs of Impairment

In Texas, a motorist can be arrested for DWI if their blood alcohol concentration (BAC) is 0.08% or higher. Since a blood chemistry test is not conducted until after an arrest, a police officer will look for any signs indicating that you are impaired to justify pulling you over.

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Call a Lawyer Before Paying a Bond

 Posted on December 27, 2023 in Attorney Writ Bonds

TX defense attorneyIf you want to get out of jail quickly after being arrested, you will most likely need to post bail or bond. This sum of money will be used as a security deposit, and if you appear in court as promised, your payment will be returned to you.

There are different ways to post bail, but no matter what avenue you take, your first step should be to contact a Frisco criminal defense attorney

Process Following an Arrest

You will appear in front of a judge for a bond hearing within 48 hours following your arrest. At this hearing, bail will be set. If you have the money to pay the amount the court requires, you will be able to pay your bond and secure your release from jail.

If you are unable to pay the full amount, then you can employ a bail bondsman to pay the amount on your behalf. In this situation, the bondsman will charge you a 10-20% fee for the total cost of the bond. In Collin County, a bondsman charges a $15 fee per bond as long as the cost does not exceed $30 for all posted bonds.

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Shoplifting Charges Increase Over the Holidays

 Posted on December 23, 2023 in Criminal Defense

TX defense lawyerIn 2022, retailers lost $112.1 billion in stolen merchandise. With the holiday season quickly approaching, retail theft is only projected to increase.

What people do not realize is that shoplifting carries severe consequences. Our Frisco shoplifting defense attorneys would like to discuss the different degrees of shoplifting and potential punishments.

Why Does Shoplifting Increase During the Holidays?

Although shoplifting is a concern year-round, shoplifting does spike during the holidays. A few reasons include:

Higher Demand

People may not have the financial means to buy gifts that loved ones have requested. With the pressure to buy the “perfect” gift, many people make the unfortunate decision to shoplift.

Preoccupied Sales Associates

Sales associates are usually busy helping customers during the holidays, so it is much easier to steal merchandise. In fact, more than $1.8 million is stolen in the four weeks leading up to Christmas each year.

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Fourth Amendment Violations in Drug Possession Cases

 Posted on December 16, 2023 in Drug Charges

TX defense lawyerThe Fourth Amendment protects citizens from unlawful searches and seizures. Police officers are not impervious to the law, and evidence that is found unlawfully cannot be used against you. Unfortunately, it may not be clear that evidence was illegally obtained. 

That is why knowledgeable representation is crucial. If you have been charged with drug possession, your first step should be to contact a Frisco drug possession attorney.

What Rights Are Granted in the Fourth Amendment?

The Fourth Amendment pertains to searching a person or their property. The Fourth Amendment to the U.S. Constitution states that citizens have the right against unreasonable search and seizure without a warrant being issued or the presence of probable cause.

Probable cause is not always straightforward. Probable cause is established when law enforcement bases the facts of a case on “reasonably trustworthy information.” This reliable information would give a person of reasonable intelligence cause to believe that a crime has been committed.

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Family Violence Charges in Texas

 Posted on December 08, 2023 in Family Violence

TX defense lawyerTexas law defines family violence as an act by a family member or member of the household that is intended to cause physical harm, bodily injury, assault, or sexual assault. Family violence accusations are taken seriously in Texas, and if you are convicted, you may be incarcerated, pay steep fines, and have a criminal record

A conviction can affect other aspects of your life, even affecting your ability to find employment and housing. This is after you have already served your time under the law.

Once you are charged, only a prosecutor can have your charges dismissed. Our Frisco domestic violence defense attorneys are here to discuss family violence charges and potential punishments.

Family Violence Offenses

Any act of assault against a person with whom you have a domestic relationship can be considered a family violence crime.

An assault crime is considered an act of family violence if it is committed against:

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Do You Have to Stay in Jail Until Your Criminal Trial?

 Posted on November 30, 2023 in Criminal Defense

TX defense lawyerFollowing an arrest, you may be subjected to a holding cell before you can be seen by a judge. Since nobody wants to sit in a jail cell awaiting their fate, Texas courts give defendants options to be released from police custody as they await trial.

Our Frisco, TX criminal defense attorneys would like to discuss the process of being released from jail, whether it be through posting bail, personal recognizance, or securing an attorney writ bond.

Posting a Cash Bail or Bond Bail

Following your arrest, you can expect to wait 48 hours before you are granted a bond hearing. At your bond hearing, evidence will be presented by a prosecutor and the police to discuss the charges brought against you.

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What Are the Legal Limits for Drunk Driving in Texas?

 Posted on November 29, 2023 in DWI

TX DWI lawyerThe legal limits for drunk driving in Texas are defined by the Texas laws on intoxication and alcoholic beverages. Usually, blood alcohol concentration (BAC) levels are determined by chemical tests and used to prove charges of driving while intoxicated (DWI).

The Texas legal limit for drivers 21 years and older is a BAC of 0.08% and 0.04% for commercial drivers. However, there should be no detectable amount of alcohol in the system for drivers under the age of 21, as Texas has no-tolerance laws. 

Driving under the influence can lead to severe consequences, such as license suspension and even imprisonment. Our Collin County DWI defense lawyers can represent those charged with DWI to achieve a more favorable outcome. Here is all you need to know about the legal limits for drunk driving in Texas. 

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