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DO I HAVE TO GO TO TRIAL IN TEXAS? |
Recent Blog Posts
Collateral Consequences of a Felony in Texas
The punishment a judge sentences you to after a felony conviction is called “legal consequences.” Legal consequences can include prison time, community service, a fine, and GPS monitoring or probation. Collateral consequences are anything else that happens to you as a result of a felony conviction. Like legal consequences, collateral consequences can vary tremendously based on the particular crime you were convicted of. While the legal consequences usually come with an end date, collateral consequences can follow you for the rest of your life. Your Frisco, TX, criminal defense lawyer can help you understand what life could look like after a felony conviction while fighting to help you avoid being convicted of a felony in the first place. Presenting a strong legal defense is the best way to minimize or avoid both legal and collateral consequences.
The Unexpected Consequences of a Felony Conviction
Some of the collateral consequences you could face after a felony conviction include:
Options for Resolving Your Criminal Charges
When you are facing criminal charges, you might feel like you have no options. There are a lot of new rules and orders you must suddenly obey. You must come to court when you are told to, or you may be arrested for failure to appear. If your crime involved a victim, you must stay away from that person and avoid contacting them in any way. You might be forced to wear a GPS monitor on your ankle, check in with a pretrial supervision officer, observe a curfew, or refrain from traveling out of the area. All of this might make you feel backed into a corner. It is important to know that you still have choices and you still have rights. A Plano, TX, criminal defense attorney can help you understand what your options for resolving your charges are so that you can make the right decision for you
Your Choices When You Have Been Charged With a Crime in Collin County, TX
Going to trial is certainly one of your options, but it is not your only option by far. Some of the options you may have for resolving your criminal charges include:
Who Can Legally Use THC in Texas?
Very few people can legally use any amount or type of THC products under Texas state law. While our state does offer a compassionate use program, the program is extremely limited in its application. Simply having a qualifying condition listed under the CUP laws does not mean that you are allowed to possess and use all cannabis products. You must apply for this program, receive a physician’s recommendation, and register properly before you are permitted to purchase, possess, and consume certain forms of low-THC products from state-licensed sources. Many individuals who use medical marijuana do not understand these regulations and accidentally run afoul of them. If you have been arrested for cannabis possession, a Collin County, TX, criminal defense lawyer can help you.
Defending Against Drug Possession Charges
In Texas, it is a crime to possess, distribute, or manufacture controlled substances. If you are facing charges of drug possession in Texas, you may be tried for either a felony or misdemeanor.
Potential punishments will depend on the severity of the drug and the amount in your possession. If you are in the midst of defending drug possession charges, you need the counsel of a Frisco drug possession attorney.
Drug Classifications in Texas
The Lone Star state classifies drugs according to their potential for abuse and if the substance serves a medical purpose.
A controlled substance is any government-regulated drug, substance, or chemical. The Texas Controlled Substances Act categorizes controlled substances as belonging to either Schedule I, II, III, IV, or V.
Schedule I has the highest potential for abuse and lacks safety standards for medical use, while drugs in Schedule V have the lowest rate of abuse and have a clear purpose in medical treatment. Drugs are also classified based on a patient’s risk of becoming dependent.
Is Jail Time Possible for a DWI?
If you are caught drinking and driving in Texas, even as a first-time offender, you will likely be facing jail time. Avoiding a conviction at all costs is very important to keep your record clear, but you need experienced counsel to help you through the legal process.
If you have been arrested for driving while intoxicated, our Frisco DWI defense attorneys can help you defend these charges against you.
Prison Time for a DWI
Impaired driving comes with severe consequences in the Lone Star state. If you have a blood alcohol concentration (BAC) of 0.08% or higher, you are driving over the legal limit in Texas.
If you are a first-time offender, you will be sentenced to three days in prison, with the potential for up to 180 days. If it is your second offense, you may be sentenced to one month to one year in prison. For a third offense, you may be sentenced to two to ten years in prison.
Domestic Assault Offenses in Texas
If you commit domestic assault in the Lone Star state, you will be charged with domestic or family violence. Texas Family Code §71.004 defines domestic violence as an act against another family or household member that results in physical harm or bodily injury or places that person in fear of such harm or injury.
Our Frisco domestic violence defense attorneys would like to discuss various domestic assault offenses in Texas and the potential punishments for each.
Family Violence Facts
In a recent year, Texas experienced the following:
- 196,564 incidences of family violence
- 219,785 offenders
- 39% of cases were between a husband and wife or ex-spouses
- Approximately 74% of defendants were male
- There were 447 incidences of family violence in Frisco, TX alone, with Collin County experiencing just under 2,900 incidences
Were You Arrested for DWI on New Year’s Eve?
We all like to ring in the New Year celebrating with loved ones. For many of us, that means enjoying a cocktail or other alcoholic beverages. While you might have believed you were fine to drive, you might have been one of the many people arrested on suspicion of driving while intoxicated (DWI) on New Year’s Eve.
If you were arrested for DWI on NYE and now face charges, you may be facing steep fines, license revocation, and even jail time. Your first line of defense against these charges should be to contact a Frisco DWI defense attorney.
Signs of Impairment
In Texas, a motorist can be arrested for DWI if their blood alcohol concentration (BAC) is 0.08% or higher. Since a blood chemistry test is not conducted until after an arrest, a police officer will look for any signs indicating that you are impaired to justify pulling you over.
Call a Lawyer Before Paying a Bond
If you want to get out of jail quickly after being arrested, you will most likely need to post bail or bond. This sum of money will be used as a security deposit, and if you appear in court as promised, your payment will be returned to you.
There are different ways to post bail, but no matter what avenue you take, your first step should be to contact a Frisco criminal defense attorney.
Process Following an Arrest
You will appear in front of a judge for a bond hearing within 48 hours following your arrest. At this hearing, bail will be set. If you have the money to pay the amount the court requires, you will be able to pay your bond and secure your release from jail.
If you are unable to pay the full amount, then you can employ a bail bondsman to pay the amount on your behalf. In this situation, the bondsman will charge you a 10-20% fee for the total cost of the bond. In Collin County, a bondsman charges a $15 fee per bond as long as the cost does not exceed $30 for all posted bonds.
Shoplifting Charges Increase Over the Holidays
In 2022, retailers lost $112.1 billion in stolen merchandise. With the holiday season quickly approaching, retail theft is only projected to increase.
What people do not realize is that shoplifting carries severe consequences. Our Frisco shoplifting defense attorneys would like to discuss the different degrees of shoplifting and potential punishments.
Why Does Shoplifting Increase During the Holidays?
Although shoplifting is a concern year-round, shoplifting does spike during the holidays. A few reasons include:
Higher Demand
People may not have the financial means to buy gifts that loved ones have requested. With the pressure to buy the “perfect” gift, many people make the unfortunate decision to shoplift.
Preoccupied Sales Associates
Fourth Amendment Violations in Drug Possession Cases
The Fourth Amendment protects citizens from unlawful searches and seizures. Police officers are not impervious to the law, and evidence that is found unlawfully cannot be used against you. Unfortunately, it may not be clear that evidence was illegally obtained.
That is why knowledgeable representation is crucial. If you have been charged with drug possession, your first step should be to contact a Frisco drug possession attorney.
What Rights Are Granted in the Fourth Amendment?
The Fourth Amendment pertains to searching a person or their property. The Fourth Amendment to the U.S. Constitution states that citizens have the right against unreasonable search and seizure without a warrant being issued or the presence of probable cause.
Probable cause is not always straightforward. Probable cause is established when law enforcement bases the facts of a case on “reasonably trustworthy information.” This reliable information would give a person of reasonable intelligence cause to believe that a crime has been committed.