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

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 Posted on July 15, 2020 in Criminal Defense

Last month, looting took place across the nation after protests turned violent, including in Texas. In consideration of this recent uptick in theft, it is worth thinking about what you should do if accused of theft in Texas. In some cases, the penalties can be severe depending on the circumstances surrounding the incident. Below are some effective strategies you and your lawyer can use to challenge these criminal charges if you or someone you know is facing such charges.

Key Strategies for Winning a Theft Case

While there are many defense strategies that are unique to each theft case, here are some common and effective steps to fight these charges:

1. Disproving Intent—As with many criminal law issues, the intent is critical. If you are not aware that you are breaking the law, then are you really even breaking the law? Here are a few ways this might play out in the courtroom during a theft trial:

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 Posted on July 08, 2020 in DWI

If you thought getting charged with a DWI was bad enough, consider the consequences of a DWI with a child passenger. Should you be accused of such a crime, even if it is the first time you have ever been accused of any crime, you could still face significant consequences, including substantial fines, jail time, probation, and other penalties, not to mention child endangerment allegations that could put your child’s custody in jeopardy. If you or someone you know is facing DWI with a minor passenger charge, hiring a skilled criminal defense attorney should be your first step in figuring out an effective defense strategy.

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 Posted on June 30, 2020 in Criminal Defense

There has always been a social battle about the safety of guns — do you feel safer with a gun in your hands or without one? The state of Texas allows gun ownership with the proper training and permits. Most people who own weapons use them for hunting or protection purposes. In fact, many who face gun charges use self-defense as their legal defense tactic. Since it is common for this tactic to be used, Texas law illustrates what is considered self-defense to protect those who were defending themselves while also obtaining justice for gun violence victims when the situation warrants.

Actions of Self-Defense

Known as “protection of persons” in Texas legislature, anyone who reasonably believes that immediate force is necessary to protect themselves is warranted to use this force against their attacker. The following three elements must be present in order for the situation to be considered a valid concern of threatened danger, thus warranting self-defense:

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 Posted on June 25, 2020 in Criminal Defense

The U.S. Constitution states: “The accused shall enjoy the right to a speedy trial.” However, after months of the pandemic postponing jury trials, even now the courts have slowed down due to precautions being taken for public safety. In a sense, that right to a speedy trial has been put into jeopardy. About a month ago, the justice system in Collin County was among the first in the nation to offer a jury trial by videoconference. While the trial did reach its conclusion, it was not without complications, which made it all the more beneficial that the case itself was a civil, non-binding summary jury proceeding. In other words, as a test case with this new technology, its failure would not be of great detriment to anyone’s life or livelihood as with many criminal proceedings, such as those for homicide, DWI, or even drug possession. However, merely being open to this shows that Collin County might be willing to adopt something similar in the future for more types of cases. The following are the pros and cons of this new trend in technology.

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 Posted on June 15, 2020 in Criminal Defense

Since there are numerous crimes with which you could potentially be charged, including DWI, drug possession, theft, and assault, there is a wide variety of defense strategies to be employed depending on the offense. Finding an experienced attorney to stand by your side is crucial to your case, but this can be a daunting task. If you are searching for a qualified defense attorney but are unsure what to look for, there are a number of qualities that show that the attorney at hand has the necessary skills to understand your case and provide you with insightful legal advice.

What to Look for in an Attorney

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