2591 Dallas Parkway, Suite 207A, Frisco, TX 75034
Free Consultations
469-333-3333
DO I HAVE TO GO TO TRIAL IN TEXAS? |
Recent Blog Posts
What Evidence is Used in Family Violence Cases?
Domestic violence cases can be hard for the prosecution to prove. Family violence rarely happens in public places in front of neutral witnesses. Assaults and batteries between people who are or were in a romantic relationship, family members, and others who live together usually happen in the home. If there is violence taking place, it normally stops as soon as the parties involved become aware that the police have arrived, so the officers only witness the aftermath. These circumstances can make it very difficult for the officers to determine who the primary aggressor is. If you have been accused of family violence, you need a knowledgeable Collin County, TX criminal defense attorney.
Types of Evidence Used in Family Violence Cases
Your attorney can explain any evidence likely to be used against you in court and any evidence he may use to defend you if your case goes to trial. In some cases, there is so little or so strong evidence that you were not the aggressor that a charge can be dropped without going to trial.
How Mitigating Factors Can Reduce Your Sentence
There are some cases where being convicted of a crime is inevitable, even with the best legal representation possible. A skilled Frisco, TX criminal defense lawyer may be able to have your charges reduced to a lesser offense through plea bargaining, sometimes turning a felony into a misdemeanor. There is more your lawyer can do to try to reduce your sentence even after a conviction or guilty plea is entered. Mitigating factors, or circumstances that show the defendant was less blameworthy than it may appear, can be a big part of your criminal defense strategy. Even in the most serious cases, the existence of mitigating factors can make an enormous difference in how the defendant is sentenced. You should discuss with your attorney how mitigation might help you.
Common Mitigating Factors in Texas
Some of the mitigating factors that your attorney may use to help you include:
What Happens if I Refuse Field Sobriety Testing?
In Texas, you cannot be forced against your will to submit to field sobriety testing. You have the right to refuse field sobriety tests after you are pulled over on suspicion of drunk driving. However, there are some consequences for refusing to submit to these tests. The police officer who pulled you over will probably decide to arrest you anyway, and your driver’s license will be suspended whether or not you are later charged with a DWI. However, you may be able to contest this suspension at a later time. In some cases, you might also be subjected to mandatory chemical testing, which can be done without your consent. If you find yourself in legal trouble for allegedly driving drunk or for refusing field sobriety tests, you need an experienced Frisco, TX DWI defense lawyer.
Are There Any Benefits to Refusing a DWI Field Sobriety Test?
People who are perfectly sober sometimes “fail” field sobriety tests. If you submit to these tests, you may be giving the prosecution evidence to use against you in court. If you refuse these tests, there is less evidence to use against you. The state would need to find other ways to prove that you were intoxicated. Although your license will be suspended, you may be less likely to be convicted of DWI.
What Parents Should Do After a Child's Arrest
As a parent, finding out that your child has been arrested can be deeply upsetting. Whether you suspected your child was doing things that put him at risk of getting arrested or thought that your child was a rule-follower, getting a phone call from the local police station can send you into a panic. Juveniles who get involved with the justice system often have options that adult offenders would not and usually have the opportunity to seal their records after reaching adulthood. However, you should still take your child’s arrest very seriously. The most important thing you can do is to immediately contact a Plano, TX juvenile criminal defense lawyer.
Tips for Parents Whose Child Has Been Charged With a Crime
You are likely worried about everything from whether your child is safe right now to how this arrest could affect his chances at college admission. Some guidelines that may help include:
What to Do When The Police Arrive With a Search Warrant
You are sitting in your house one day when there is a knock at the door. You hear the dreaded phrase, “Police- search warrant!” Your initial instinct might be to flee out the back door or to be quiet and pretend you are not home. While understandable, either of these reactions would likely cause more trouble. If you attempt to run, the police may believe that you are fleeing because you were committing a crime, in which case they may chase and detain you. If you pretend you are not home, they are likely to enter anyway and may be startled by your presence. A startled police officer who was not expecting you to be there may think that you were trying to take him by surprise and may respond violently. It is generally better to answer the door and call a Collin County, TX criminal defense lawyer as soon as you have the opportunity.
How Long Do I Have to Answer the Door?
Generally, it is best to respond immediately, either by opening the door at once or by calling out stating that you are coming. If there is a good reason why you cannot open the door instantly, it is best to explain why. For example, if you have a dog that is barking aggressively at the door, the police will very likely give you a moment to place your dog in its kennel for the safety of both your dog and the officers. Or, if you are getting out of the shower, the police officers may be willing to give you a brief moment to put clothes on.
Questions to Ask When You Are Charged With a Crime in Texas
You have a lot to think about when you are facing criminal charges. You will need to consider the legal, practical, financial, and personal impact of your case and determine what your priorities are. A criminal case can have a far-reaching and long-lasting effect on your life, even if you are only facing a misdemeanor charge. It is important to speak with an experienced Allen, TX criminal defense attorney as soon as you possibly can. A lawyer can likely help you with everything from getting out of jail faster using an attorney writ bond to protecting your personal priorities, like keeping your license after a DWI or not losing your job.
What to Think About When You Have Been Arrested
Some questions to ask yourself or your attorney after an arrest include:
- Am I eligible for an attorney writ bond? An attorney writ bond can get you out of jail in a matter of hours, even over the weekend. You may qualify to be released using an attorney writ bond if you are charged with a nonviolent misdemeanor.
When Your Spouse Calls the Police and Reports Domestic Violence in Texas
You and your husband or wife got into a heated argument. It was the worst fight you have ever had. One or both of you was yelling or screaming. Whether or not there was any actual domestic violence involved, your neighbor overheard the dispute and called the police. Now there are police officers in your house, and they are separating you and your spouse to question both of you. You do not know what your spouse is going to say. Or, maybe it was your spouse who called the police and claimed that you assaulted him or her, and you know that the police are going to arrive soon. The best thing you can do is contact a Collin County criminal defense attorney as soon as you have the opportunity.
What Not to Do When the Police Are Called for Domestic Violence
Knowing what not to do is just as important as knowing what to do. If the police respond or will respond to a domestic violence call, do not:
5 Types of Assault in Texas and the Gravity of Each Offense
The term “assault” covers a broad range of violent crimes, ranging from relatively minor misdemeanors to serious felonies. Simple assault cases often stem from bar fights or minor disputes between friends or neighbors that lead to one party pushing the other. More serious assaults might involve the use of a weapon and serious bodily harm to the victim. If you are facing any type of assault charge, it is important to find a skilled Prosper, TX, criminal defense lawyer. Assault charges can sometimes be downgraded in seriousness or dismissed for lack of evidence when law enforcement did not witness the altercation.
Types of Assault and Their Seriousness
Types of assault charges in Texas include:
- Simple assault - Misdemeanor assault is very easy to commit in the midst of an argument. Simply throwing a half-empty paper cup at your neighbor during an argument over parking could be considered an assault. No injury to the victim is required.
Motorcycle DWIs in Texas
The same DWI laws that apply to all other motorists in Texas also apply to motorcycle riders. It is fairly common for several riders in a group to be charged at the same time, often on the way back from a motorcycle club event or group ride. Drinking and sometimes light drug use, like smoking marijuana, can be a part of motorcycle culture for some groups, while sobriety may be a focus for other groups. Unfortunately, drinking before or during group rides can lead to trouble. It might seem that there is less risk to the public when the impaired motorist is on a motorcycle - it is harder to injure others if you hit them while on such a small vehicle. However, the risk to the motorcyclist and others they are riding with may be extreme, so DWI laws are strictly enforced. If you have been charged with a DWI while riding a motorcycle, it is important to quickly contact a Plano, TX, motorcycle DWI attorney.
Fatal DWI Charges in Texas
The most serious type of DWI charge in Texas is vehicular intoxication manslaughter. Vehicular intoxication manslaughter charges are brought when a drunk driver causes an accident that kills another person. It is a felony that can send someone to prison for years and change the course of their life in an instant. Fatal crashes are the worst possible outcome of drunk driving, and as such are punished the most harshly. Manslaughter generally means killing someone without intending to but while acting in a manner that creates a substantial risk of death for others. It is a step down from outright murder. If you are facing this extreme DWI charge, it is important to be represented by a highly experienced Frisco, TX, DWI defense lawyer.
What Are the Penalties for Vehicular Intoxication Manslaughter in Collin County, TX?
People who have caused a fatal car crash while driving drunk face very serious legal penalties in Texas. If you are convicted, your sentence might include: