Posted on June 08, 2020 in Criminal Defense

Whether you are being arrested for DWI, theft, assault, drug possession, gun charges, homicide, or any other number of criminal offenses, you should always pay close attention to what is happening while you are being arrested. Depending on what the arresting officer does or does not do, your rights may be violated. A skilled criminal defense attorney might gain additional information that can help bolster your defense. In some situations, your charges may be reduced or dropped altogether if the police did not follow proper procedures or engaged in misconduct. 

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 Posted on May 28, 2020 in Family Violence

The public health crisis that we have witnessed over the last few months caused by COVID-19 has resulted in numerous stay-at-home and shelter-in-place orders being declared throughout the nation, including in Texas. While many of these orders have been lifted or are on the way to being lifted, there is still one simple fact resulting from these challenging times: more and more people have been stranded at home than in the past. There are many consequences of this new normal, but one particularly prevalent result that cannot be overlooked is the likelihood of more domestic violence reports. If you find yourself facing such charges, a skilled criminal defense attorney can help you avoid a conviction. 

The Accuser Is Not Always Right

It is common for people to side with the person reporting domestic violence. That person is typically viewed as the victim, no matter what the evidence or lack thereof might suggest. However, the very factors that can contribute to surges in domestic violence reports during uncertain times like these may also be reasons that these claims could be found to be false or otherwise disproven in court. Here are a few examples of how that can occur:

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 Posted on May 21, 2020 in Criminal Defense

While some might argue that theft is not a major concern in Texas, the truth is that lawmakers and, consequently, law enforcement over the last year have been focusing more of their efforts on this crime. At the least, depending on where you live in Texas, the local governments have been redefining and reforming how theft is treated overall. The point is, if you are accused of theft in Texas, you should be prepared for an unexpected outcome. The legal system in Texas may not just give you a "slap on the wrist" for an offense like this, so it is important to have a skilled criminal defense attorney representing your best interests.

The Latest Developments in Theft Law Across Texas

For the most part, theft is a serious crime in Texas. Lawmakers and law enforcement officials alike have not neglected to focus on it. In fact, during the past year, a wide variety of policy and law changes have been enacted that could affect many Texans. A few of the most recent developments in theft law throughout Texas include:

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 Posted on May 15, 2020 in Drug Charges

While it is true that states across the nation have legalized marijuana, both medicinally and recreationally, you should know that Texas still remains one of the strictest states when it comes to drug possession enforcement. While you might think that having a small amount of marijuana in your possession is not that big of a deal, in the state of Texas, it is considered a serious criminal offense. Drug possession, in general, includes penalty groups that determine punishments depending on the controlled substance and the amount. It is important to understand the different penalties if you ever face any drug-related charges. 

Drug Possession Penalty Groups

There are four main drug penalty groups in Texas, with a few subsets. These penalty groups are determined based on the type of drugs involved. The groups are:

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 Posted on May 08, 2020 in Assault

Arguments between strangers or even family members can often lead to heated disputes that may result in physical confrontations. Statistics show that assault is one of the most common types of violent crimes committed in the United States. Many people think an assault is a physical attack on someone, but it can also just be the threat of inflicting violence. It is important to know and understand the laws concerning assault in Texas, because you never know when incidents might escalate. If you or someone you know is facing assault charges, a skilled criminal defense attorney can ensure your rights are protected in a court of law. 

Assault in Texas: An Umbrella Term

Many states have defined “assault” as merely threatening or attempting to commit harmful acts upon another person. The actual act of harming someone is defined as a “battery” charge. In Texas, the two crimes are combined into one single offense. All of the following actions are classified as assault (in this case, “simple assault”):

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 Posted on April 29, 2020 in DWI

If you were pulled over for driving while intoxicated (DWI), and you know you are guilty of that crime, that does not make it an open-and-shut case. You still have the right to legal representation, and your attorney can fight for you in such a way that you may be not found guilty, the case may be dismissed, or the charges may be reduced. In fact, criminal defense attorneys are able to discover things that you—and possibly the prosecution—are unable to see about your case. As they collect, research, and study these details, they are able to undermine the prosecution’s case against you. Here are all the reasons why you should seek an attorney even if you were driving drunk:

The Benefits of Hiring a Lawyer

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 Posted on April 16, 2020 in DWI

DWI (driving while intoxicated) is a serious charge in Texas, but DWI with a child passenger can be even more serious, carrying with it particularly severe consequences, both in terms of criminal law and civil law. From jail time and fines to loss of child custody, the effects of these allegations can completely change your life. To better prepare you if you are facing these charges, the following information outlines the legal definition of DWI with a child passenger, as well as the penalties associated with this criminal offense.

What Is DWI With a Child?

If it is determined that you were driving while intoxicated (a BAC of .08 percent or higher), and you had a child under the age of 15 in your car at the time, then you could be charged with DWI with a child passenger in Texas. You can still face this charge even if the child did not get injured or harmed in any way.

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 Posted on April 08, 2020 in DWI

In some states, DWI (driving while intoxicated) and DUI (driving under the influence) are considered synonymous. However, in Texas, DWI and DUI are actually two distinctly separate charges. That is because DUI involves underaged drinking, whereas DWI can apply to anyone who is of legal drinking age. The two charges are legislated, enforced, litigated, and penalized differently. Below is a closer look at these offenses and their corresponding consequences.

DUI: Definition and Enforcement

DUI is a charge brought against anyone under the age of 21 who is found to be operating a motor vehicle or boat while under the influence of drugs or alcohol. Unlike DWI, blood alcohol content (BAC) levels are unnecessary in proving that someone has consumed alcohol for these charges. A police officer can claim that a young person is “under the influence” by merely smelling alcohol on his/her breath. In addition, the driver does not need to be drunk or otherwise impaired to be charged with a DUI.

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 Posted on March 26, 2020 in DWI

Even though you may not have had an ounce of alcohol all day, it is still possible to be pulled over by a police officer who accuses you of driving while intoxicated (DWI). You may believe you are safe from any criminal charges; however, if you recently consumed something else that might have impaired your driving, you may face legal consequences. This is because in Texas, to meet the requirements for a DWI charge, a driver does not necessarily have to exceed the legal limit of .08 percent blood alcohol concentration (BAC). If you are operating a vehicle and do not have full use of your physical and mental abilities due to the effects of a controlled substance, then you may still be charged with a DWI, such as a prescription drug DWI.

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 Posted on March 24, 2020 in Criminal Defense

With several Texas cities closing bars and restaurants, more than 500 cases of the virus in the state at the time of this writing, and at least seven deaths reported, it is clear that the COVID-19 pandemic has hit Texas hard. In response, the Texas National Guard will be activated to assist with the outbreak if necessary. However, did you know that, depending on the laws enforced during a pandemic like this, you can be arrested if you refuse to quarantine or isolate when you are suspected of being infected? It is true, and in those cases, you will need a strong criminal defense strategy. Consider the below facts—and stay safe.

Texas Health and Safety Codes

In Texas, there are various health and safety codes that dictate how local governments and citizens must deal with an outbreak like coronavirus. For the most part, the rules are broad to allow for an open interpretation depending on the situation. Here are some of those Texas health codes:

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