Posted on September 06, 2023 in Criminal Defense

Blood tests in DWI (Driving While Intoxicated) cases can play a critical role in determining a person’s level of alcohol or drug impairment while operating a vehicle. These tests are generally regarded as being more accurate than breathalyzer tests. However, it is essential to understand that blood tests are not always flawless, and there may be instances where their accuracy is called into question. If you have been charged with DWI and a failed blood test is relevant to your case, understand that you have legal options to pursue at this time. Contact an attorney to understand how best to move forward to fight the charges and clear your name, as Texas law treats DWI offenses very seriously. 

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 Posted on August 30, 2023 in Criminal Defense

You may be feeling sick to your stomach if you are facing charges for driving while intoxicated (DWI) with a child passenger. The legal consequences are severe because this could lead to child endangerment charges which could affect your rights as a parent. If you have been arrested for DWI with a child in the car, a knowledgeable criminal defense attorney can help.

What are the Penalties for Driving Drunk with a Child Passenger?

Under state law, a child does not have to be injured for you to be charged with DWI with a child passenger. In Texas, anyone who drives while intoxicated with a child under the age of 15 is breaking the law. Intoxicated means that the driver had a blood alcohol concentration of 0.08 percent or higher. Here are potential penalties you may face:

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 Posted on August 28, 2023 in Criminal Defense

We know that it can be nerve-wracking to be in a jail cell unsure of what is going to happen after an arrest. What is worse, if you are arrested over the weekend you could end up behind bars for several days before you have a chance to see a judge. To get out of jail sooner, if you qualify, you can get an attorney writ bond. A Collin County lawyer will look into the charges you are facing and try to help you get home faster.

What is an Attorney Writ Bond?

Under Texas law, the person arrested is supposed to go before a judge to have a bond set before being released. Your attorney will see why you were arrested and how serious the charges are. Usually, people who have been arrested on criminal charges such as driving under the influence, possession of marijuana, or theft qualify for an attorney writ bond. That is just a legal way of saying that an attorney can arrange with the Collin County Sheriff's Department to get you out of jail so that you do not have to see a judge. The good news here is that this can take two to four hours instead of days.

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 Posted on August 11, 2023 in Criminal Defense

Many states have moved towards legalizing marijuana. Some states, like Colorado and Illinois, have legalized cannabis for recreational use. Other states, like Ohio, have medical marijuana programs that allow people with certain medical conditions to use cannabis. Texas, on the other hand, has only a compassionate use program that allows low-THC products for people with certain illnesses like cancer. Anyone other than a registered participant in Texas’s compassionate use program is not permitted to possess any amount of cannabis or THC products. This means that if you are caught with marijuana in Texas, you will likely be arrested. Even if you only had a small amount for your own personal use, you could face jail time. The penalties may be far more serious for those caught with larger amounts of cannabis. If you have been arrested for a marijuana-related offense in Texas, it is important to find excellent legal representation. 

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 Posted on August 03, 2023 in Criminal Defense

Being charged with simple assault can expose you to serious legal penalties. Even the simplest forms of misdemeanor assault can lead to jail time and leave a black mark on a criminal record you may never be able to move past. However, if you are charged with aggravated assault, your situation is a fair bit more serious. Aggravated assault is a felony rather than a misdemeanor and could result in over a year of time in prison if you are convicted. The main difference between simple and aggravated assault is the seriousness of the assault. In Texas, assaults that result in serious bodily harm or involve the use of a deadly weapon can be considered aggravated assaults. Because aggravated assault is generally considered a violent crime, while simple assault is not, the penalties are far more serious. If you are facing aggravated assault charges in Texas, it is important to make finding an experienced criminal defense attorney a high priority. 

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 Posted on July 31, 2023 in Criminal Defense

Driving while intoxicated (DWI) can lead to tragic consequences, including serious injuries or even death. In Texas, like many other states, the law treats these cases very seriously due to their potential for harm. While all DWI offenses are taken seriously by law enforcement, situations in which drunk driving allegedly led to someone being injured or killed are likely to result in especially severe penalties. Those who could potentially face charges of intoxication assault or intoxication manslaughter will need to understand their options for defense, and by working with an experienced attorney, they can take steps to protect their rights and resolve their cases successfully.

Texas DWI Laws and Penalties

In Texas, a person may be charged with the offense of driving while intoxicated if they were physically or mentally impaired due to the use of alcohol or drugs. When drunk or intoxicated driving results in injury or death, additional charges may be imposed on top of the penalties that would apply for DWI. These charges may include:

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 Posted on July 24, 2023 in Criminal Defense

More and more states are beginning to legalize marijuana for either medical or recreational purposes. If you live near the New Mexico border, it is not difficult to drive across the state line, purchase THC products, and then drive home. While cannabis may be legal in New Mexico, it becomes illegal as soon as you cross the state line back into Texas. It is also federally illegal. Upon returning to Texas, you could be arrested if you are caught with cannabis. You could face serious charges, ranging from simple possession for personal use to drug trafficking or possession with intent to distribute. If you purchased a large quantity, it is more likely that you could be charged with a felony rather than a misdemeanor. Although you may have heard that others have succeeded in retrieving cannabis from New Mexico or another legal state, doing so means taking a significant risk. If you have been arrested for having THC products in Texas, it is important to take the situation seriously and find a skilled criminal defense lawyer. 

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 Posted on July 18, 2023 in Criminal Defense

Due to the rising cost of housing and the stagnation of wages, more and more young adults are choosing to live with roommates. Roommates can be fun to have if you all get along well. Unfortunately, conflict often arises when there are very different people trying to cohabitate in the same house or apartment. There is a general loss of privacy that comes with living with others. You may find that some of your roommates are messy while others are neat, or that some are night owls while the others are early risers. Conflict between roommates can easily build up until one day, it turns violent. There does not need to be a full-blown attack or brawl for criminal charges to be levied. In fact, as little as a shove or slap can be considered an assault. If this action is taken against a person you live with, you could be charged with domestic violence. Domestic violence is a far more serious charge than simple assault. If you are facing domestic violence charges after assaulting a roommate, it is important to seek the advice of an attorney immediately. 

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 Posted on July 07, 2023 in Criminal Defense

Getting a DWI may seem like a relatively minor issue - it is a misdemeanor in Texas after all, at least in most cases. However, it can have a major impact on your life and your finances. You probably know a little about the judicial consequences of a DWI. You could go to jail, and you may need to pay a fine. In Texas, that fine can be up to $2,000. However, the fine is far from the only financial impact you may face as a result. These additional non-judicial penalties are collectively known as “collateral consequences.” Many people who have a criminal conviction find that the societal collateral consequences are worse than the judicial penalties. If you have been arrested for a DWI in Texas, it is important to speak to an attorney as soon as possible. Ideally, you should speak with a lawyer before your first court appearance so that your own attorney can be the one defending you from the outset. 

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 Posted on June 29, 2023 in Criminal Defense

The foundation of every criminal case in the United States is that each defendant is innocent until proven guilty by a jury of their peers in a criminal trial. In every case, the defendant does not have to prove their innocence, but it is the prosecutor who has the burden of proof to prove their guilt. The burden of proof sets the standard that the prosecution must meet in order to secure a conviction. In criminal cases, this standard is set at “beyond a reasonable doubt.” This stringent requirement reflects the importance of protecting the rights and liberties of individuals and emphasizes the need for a strong and compelling case against the accused.

Evidentiary Responsibility

Because it is the prosectuor who has the burden of proof in a criminal case, they must present credible and convincing evidence to establish each element of the crime charged. This responsibility includes both the duty to produce evidence and the obligation to present it in a manner that is logical, coherent, and legally admissible. The prosecution must present a narrative that connects the evidence to the elements of the offense and leaves no reasonable doubt as to the defendant's guilt.

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