Posted on April 07, 2021 in Drug Charges

Fewer drugs have been the subject of as much controversy – or as much confusion – as marijuana. State laws regarding the possession, cultivation, and sale of cannabis products vary dramatically from state to state. In Texas, cannabis or “weed” is illegal except in extremely limited circumstances. This includes all edibles and products containing the psychoactive component THC (tetrahydrocannabinol). Cookies, candy, brownies, and other products containing THC concentrates are typically penalized more harshly than marijuana and may lead to felony criminal charges and even decades behind bars.

THC Concentrates Including Oil and Wax Are Penalized More Harshly Than Marijuana

Like most states, the criminal penalties an individual faces for possession of an illicit drug varies depending on the amount of the drug in possession. The greater the amount of the drug an individual allegedly possesses, the worse the penalties. Possession of less than two ounces of marijuana is a Class B misdemeanor and possession of two to four ounces is a Class A misdemeanor. Possession of any amount greater than four ounces is a felony offense. Distribution of greater than a quarter of an ounce (or seven grams) is also a felony offense.

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 Posted on March 29, 2021 in Attorney Writ Bonds

Being handcuffed and placed in the back of a police car is one of the most frightening and intimidating experiences a person can go through – especially if the person has never been arrested before. Most people do not know exactly how arrests, criminal charges, and securing bail work after an arrest for driving while intoxicated (DWI). They may be unsure of how long they will be in police custody following the arrest and worried about getting to work, picking up their children from school, and fulfilling other responsibilities. Fortunately, there may be a way to get out of police custody within a few hours following a DWI arrest in Texas through an attorney writ bond.

An Attorney Writ Bond Can Expedite a Criminal Defendant’s Release  

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 Posted on March 22, 2021 in DWI

Driving while intoxicated (DWI) charges typically bring to mind drunk driving. However, alcohol is not the only substance that can lead to DWI charges in Texas. While many states have legalized the medical or recreational use of marijuana, the drug is still illegal in Texas save for very specific circumstances.  If you are caught driving while intoxicated by marijuana or a THC-containing product, you may be charged with DWI and subject to penalties including heavy fines and possible jail time. Developing a robust defense strategy with help from a skilled DWI defense lawyer may help you avoid these penalties.  

Understanding the Difference Between DWI Involving Cannabis and DWI Involving Alcohol

The penalties for DWI involving marijuana intoxication and alcohol intoxication are largely the same. A first offense is a misdemeanor punishable by up to 180 days in jail, a $2,000 fine, and a temporary suspension of your driver’s license. Second or subsequent offenses or DWI involving certain aggravating factors such as child passengers are penalized by longer jail sentences.

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 Posted on March 15, 2021 in DWI

Most first-time drunk driving offenses are misdemeanor offenses punishable by a maximum of 180 days in jail, fines, and suspension of the offender’s driver’s license. However, driving while intoxicated (DWI) and causing an accident in which someone is injured or killed is a felony offense in Texas. These crimes are punished much more severely than typical DWI offenses. If you or a loved one have been charged with driving under the influence of alcohol or drugs and causing a serious car accident, speak with a criminal defense lawyer right away. The sooner you contact an experienced lawyer, the sooner your lawyer can start building a defense strategy.

Penalties for Intoxication Assault and Intoxication Manslaughter

Driving while intoxicated and causing a crash that results in injury or death is referred to as “intoxication assault” or “intoxication manslaughter” respectively. Both of these crimes are felony offenses that are heavily penalized in Texas. If you are convicted of causing serious bodily injury in a drunk driving accident, you could face 10 years in prison and fines of up to $10,000. If you are convicted of causing a drunk driving accident that results in death, you face penalties including a maximum of 20 years in prison and a maximum fine of $10,000.

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 Posted on March 10, 2021 in Family Violence

Any relationship is bound to have some degree of conflict. However, when a conflict between romantic partners, roommates, or relatives escalates, an individual may be accused of “family violence.” The state of Texas takes allegations of family violence and child abuse very seriously. Consequently, an individual accused of family violence or domestic violence can face harsh criminal consequences. If you have been accused of harming a family member or household member, you may be subject to a Magistrate’s Order of Emergency Protection (MOEP). If someone has filed an MOEP against you, understanding your rights and obligations is essential. 

Texas Magistrate’s Order of Emergency Protection

A Magistrate’s Order of Emergency Protection is a court order that is used to protect an alleged victim of domestic violence or stalking from further harassment or abuse. These orders are often referred to as restraining orders or protection orders. In Texas, a judge or “magistrate” is required to issue a MOEP if someone is arrested for family violence involving a deadly weapon or resulting in serious bodily harm. A judge may also issue an MOEP if the order is requested by a law enforcement officer, prosecutor, alleged victim, or the guardian of an alleged victim.

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 Posted on February 27, 2021 in DWI

When a person drives after drinking alcohol, they may face charges of driving while intoxicated (DWI) if they are found to be in control of a vehicle with a blood alcohol content (BAC) of at least .08 percent. However, there are other substances that can cause impairment that affects a person’s ability to drive safely. Drivers should be aware that they could face DWI charges due to the use of a variety of different types of drugs. Those who have been charged with DWI in Texas will want to secure representation from a skilled and experienced criminal defense attorney.

DWI Charges Related to Legal and Illegal Drugs

The Texas Penal Code states that a person is considered to be intoxicated if they do not have the normal use of their physical or mental faculties due to the introduction of alcohol, drugs, or any combination of these substances into their body. This means that the use of any substances that affect a person’s ability to safely operate a vehicle could lead to DWI charges. These substances may include:

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 Posted on February 22, 2021 in Criminal Defense

There are multiple activities and behaviors that can lead to a person facing criminal charges, and sometimes, these can arise out of relationship problems, disagreements between family members, or other situations where a person acts in a way that offends or threatens someone else. In some cases, a person who allegedly commits these types of actions may face charges of harassment, but in more serious situations, they may be accused of stalking. This is a felony offense in Texas, and a conviction can result in severe penalties, so those who have been accused of this crime should be sure to understand the laws that affect them and the best defense strategies against these types of charges.

The Differences Between Harassment and Stalking

The Texas Penal Code defines harassment as actions that are deliberately meant to annoy, torment, abuse, alarm, or embarrass someone else. These actions may include repeatedly calling someone on the phone or sending text messages or emails, as well as messages sent through other types of electronic communication, such as social media. Harassment may also involve threatening to injure or harm a person, their family members, or their property; making false reports that a person’s loved ones have suffered serious injuries or been killed; or any forms of communication that involve obscene comments or requests.

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 Posted on February 15, 2021 in Criminal Defense

After being arrested on criminal charges, you will want to figure out the best way to get out of jail as quickly as possible. While waiting for a judge to set bail and posting that amount either by making a cash payment or receiving a bail bond is one commonly used option, this process can take up to 48 hours to complete. In some cases, you may be able to get released more quickly by obtaining an attorney writ bond. Our attorneys can help you make arrangements to receive this type of bond without the need to appear before a judge, and in many cases, this process can be completed within a few hours. However, it is important to understand the types of cases where an attorney writ bond will or will not be an option.

What Types of Criminal Charges Are Eligible for Attorney Writ Bonds?

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 Posted on February 09, 2021 in DWI

Drunk driving is a serious criminal offense in Texas. When a driver is impaired due to the use of alcohol, controlled substances, or prescription drugs, he or she can face charges of driving while intoxicated (DWI), and a conviction will result in driver’s license suspension or revocation, as well as other consequences, such as being required to pay fines or being sentenced to time in prison. In many cases, drivers will also be ordered to install an ignition interlock device in any vehicles they drive after regaining their driving privileges.

What Is an Ignition Interlock Device?

A breath alcohol ignition interlock device (BAIID) is a breathalyzer that measures a person’s blood alcohol content (BAC) and prevents them from operating their vehicle if they have been drinking. A driver will breathe into the BAIID, and if the device registers a BAC that is above a certain limit, the vehicle will not start. In addition to providing a breath sample when initially starting a car, a driver will also be required to measure their BAC at regular intervals, and the device will take a picture of the person to ensure that the vehicle’s driver is the person providing a breath sample. Typically, drivers will be required to pay all costs related to the installation of a BAIID in their vehicle, as well as ongoing maintenance fees.

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 Posted on January 29, 2021 in Criminal Defense

Everyone has made mistakes in their past. Maybe you got caught up with the wrong group of kids growing up, or perhaps you made a drunk decision that you wish you could take back. If you are lucky, you may be the only one who remembers the mistake. For those individuals who have been arrested or charged with a crime, the mistake remains as a mark on their permanent record. People with a criminal background—even those who were arrested but never convicted—have these decisions follow them for the rest of their lives. But what if removing this criminal mark was an option? For some, expunction may be exactly what they are looking for to move on with their lives.

What Records Can Be Expunged?

Criminal records are public, which means that anyone who conducts a background check, especially when hiring for jobs, will see anything built up on your record. An expunction allows individuals to remove information about an arrest, charge, or conviction from their permanent record, but only in certain circumstances. Once the record is expunged, all information regarding the case will be removed from the individual’s record and he or she is legally allowed to deny that the incident ever occurred. You may be wondering why everyone with a criminal record does not work to get their record expunged. The reason? Only 10 situations qualify for expunction. Records eligible for expunction include the following:

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