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DO I HAVE TO GO TO TRIAL IN TEXAS?

Recent Blog Posts

Helping a Loved One Secure an Attorney Writ Bond After a Shoplifting Charge

 Posted on June 13, 2023 in Criminal Defense

Allen Criminal Law AttorneyIf your son, daughter, spouse, partner, or other loved one was accused of stealing from a retail store, you may be unsure of how to help them. Shoplifting charges can carry serious consequences, such as costly fines and even jail time. One important step you can take to help your loved one is to secure an attorney writ bond.

A Writ Bond Can Get Your Loved One Released Sooner

An attorney writ bond allows a criminal suspect to be released from police custody or jail much sooner than he or she would otherwise be released. In order for a judge to grant an attorney writ bond, they must be convinced that the accused individual will appear in court for their bond condition hearing. An attorney writ bond essentially serves as a promise that the accused will show up in court, and it is backed by a financial guarantee. If the accused fails to appear for their court hearing, they forfeit their bond and the amount of money that was put up to secure their release.

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What Happens if Someone Under Age 21 is Caught Drunk Driving in Texas?

 Posted on June 02, 2023 in Criminal Defense

Plano Criminal Defense LawyerAs the school year ends and many high school and college students begin their summer breaks, the potential for underage drunk driving arrests increases. Like all other U.S. states, the legal drinking age in Texas is 21. Individuals under age 21 are not permitted to purchase or consume alcohol, let alone drive under the influence of alcohol.

If you, your child, or a loved one were accused of drunk driving, it is important to understand the potential penalties as well as your legal options.

Penalties for Underage Drunk Driving Depend on The Driver’s Blood Alcohol Concentration

In Texas, there is a zero-tolerance policy for underage drinking and driving. This means that a driver who is under 21 years of age may face legal consequences for having any detectable amount of alcohol in their body. You do not have to be over the legal limit to be charged with a criminal offense if you are under 21.

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Numerous Texas Criminal Reform Bills Are Dead as the Legislative Session Ends

 Posted on May 26, 2023 in Criminal Defense

collin county criminal defense lawyerOver the five months that marked Texas’s 88th legislative session, over 3,400 resolutions and 8,000 bills were filed. With less than a week to go in the session, fewer than 850 bills had passed. Sometimes, legislative action helps to improve the state’s criminal justice system. However, it is not a secret that some actions tend to harm those who have been accused or convicted of criminal wrongdoing as well. As a result of both of these realities, it is critically important that those who are facing criminal allegations remain informed about the ways in which the law is constantly changing. In doing so, they may be able to craft a more successful criminal defense strategy than they otherwise might.

Inaction Was the Order of the Day 

There were several legislative priorities concerning the state’s criminal justice system that were contested during this legislative session, only to “die” before reaching the governor’s desk. Of particular note was Senate Joint Resolution (SJR) 44. Although more than 3,100 resolutions introduced during the session passed, this measure – which seeks to amend the Texas Constitution – has been postponed.  

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What Does It Mean to “Stand Your Ground” in Texas?

 Posted on May 19, 2023 in Criminal Defense

frisco criminal defense lawyerIt has widely been observed that so-called “stand your ground” laws are among the most misunderstood legal permission structures on the books in any state. Perhaps due to the forceful, empowering, and straightforward message conveyed in the nickname for these laws, there is too often a sense that individuals who wish to use force to protect themselves, others, or property can simply do as they please and raise these state laws as a defense if they are prosecuted for causing someone harm. In reality, it is not that simple.

Self-Defense Laws in Texas 

The act of self-defense is protected in specific and limited ways by the law. While stand your ground legislation expands the traditional foundations concerning when, how, and why someone can exercise force in self-defense, no state’s law permits the use of force – let alone deadly force – without justification.

Texas law states that a person is justified in using force against another individual when he or she “reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force.” Furthermore, the type of force used must be appropriate, given the nature of the threat he or she faces. 

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Attorney Writ Bonds: Frequently Asked Questions

 Posted on May 15, 2023 in Criminal Defense

frisco writ bond lawyerIf a loved one has just been arrested, you may be working desperately to get them out of jail. Unfortunately, you may be running into a scenario wherein a judge or magistrate is not available to conduct a bond hearing for several days. Perhaps it is a weekend, a holiday, or the official assigned to your loved one’s case is simply overbooked. Regardless of why your loved one cannot immediately participate in their bond hearing and be released, they will likely need to sit in jail until that hearing takes place. That is, unless they qualify for an attorney writ bond.

What Is an Attorney Writ Bond?

Under certain circumstances, a licensed attorney in Texas is permitted to enter into an arrangement with a local Sheriff's Department to get a defendant out of jail before they have participated in a formal bond hearing.

Who Is Eligible for an Attorney Writ Bond?

This opportunity is generally reserved for relatively low-level alleged offenders. For example, your loved one may be eligible for an attorney writ bond if they were arrested for possession of marijuana, impaired driving, or other non-violent offenses. This opportunity is not available for those who have been arrested for assault, most sexual offenses, and any crime that is classified as a felony.

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Consequences of a DWI with Child Passenger Conviction in Texas 

 Posted on May 05, 2023 in Criminal Defense

texas dwi defense lawyerIt is very important that anyone who is facing driving while intoxicated (DWI) charges in Texas understand the gravity of their situation. “Even” a first-time alleged impaired driving offender can be sentenced to harsh punishments and suffer collateral consequences ranging from job loss to being painted as an unfit parent in family court in the event of a conviction. Yet, it cannot be denied that some DWI charges are more serious than others. For example, anyone who is convicted of a DWI while transporting a minor under the age of 15 will risk consequences that are far more severe than they would be had a child not been in an alleged offender’s vehicle at the time of their arrest.

The Particulars of Texas Law

Texas Penal Code Sec. 49.045 classifies the act of operating a vehicle while intoxicated when a minor under the age of 15 is in the vehicle as a state jail felony. This means that anyone who is convicted of this charge risks the following sentencing terms:

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Legal Strategies for Beating a DWI Marijuana Charge

 Posted on April 26, 2023 in Criminal Defense

frisco dwi defense lawyerDriving while under the influence of marijuana can result in serious legal consequences, including hefty fines, license suspension, and even jail time. In Texas, driving while intoxicated (DWI) laws apply to alcohol and drugs, including marijuana. Being charged with a marijuana DWI can be a frightening and overwhelming experience, but there are defense strategies that can be used to fight the charges. To combat these charges, hire a DWI attorney to understand your rights and legal options.

Overcoming a DWI Marijuana Charge 

Here are examples of legal strategies when fighting a DWI marijuana charge, including:

  • Challenge the Stop – The police must have a valid reason to pull over a driver. If the stop was not justified, any evidence obtained during the stop may not be able to be used in court. A skilled attorney can review the circumstances of the stop to determine if there were any legal grounds for the stop.

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Understanding Reasonable Doubt in Criminal Law Cases

 Posted on April 19, 2023 in Criminal Defense

frisco criminal defense lawyerReasonable doubt is a fundamental concept in criminal law that plays a crucial role in determining the guilt or innocence of a defendant. Proving someone guilty “beyond a reasonable doubt” means the prosecution must meet a standard that leaves no reasonable doubt in the jury's mind. If you have been arrested for allegedly committing a crime, reasonable doubt is an essential concept that you must understand as you move through criminal proceedings.

Remember, if you have been arrested for a crime, consider hiring an experienced criminal defense attorney. Your attorney will be invaluable as you navigate the legal process and fight to defend yourself against the criminal charges brought against you. 

Reasonable Doubt a Legal Concept 

The concept of reasonable doubt is based on the idea that letting a guilty person go free is better than convicting an innocent person. This idea is rooted in individual liberty, a cornerstone of the criminal justice system in most democratic countries, including the United States. The burden of proof is on the prosecution to establish guilt beyond a reasonable doubt. This means that the prosecution must present sufficient evidence to convince a reasonable person that the defendant is guilty.

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What Are the Pros and Cons of Plea Deals in Criminal Cases?

 Posted on April 13, 2023 in Criminal Defense

frisco criminal defense lawyerPlea deals or plea agreements in criminal cases are an agreement between the prosecution and the defendant agreeing to plead guilty to a lesser charge or a reduced sentence in exchange for a guilty plea. While plea deals can effectively resolve criminal cases more efficiently and with less expense, there are pros and cons to consider. For anyone weighing whether to take a plea deal, your criminal defense attorney will be an excellent resource as they can help you weigh the pros and cons of a plea deal.

Pros of Plea Deals  

  • Reduced sentence – One of the main benefits of a plea deal is that it can reduce the defendant's sentence. A plea deal can be an attractive option if the defendant faces serious charges that could result in a lengthy prison sentence.

  • Reduced legal expenses – Plea deals can also be a cost-effective way to resolve criminal cases. Going to trial can be expensive, and a plea deal can save the defendant significant amounts of time and money.

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The Pros and Cons of Going to Trial in Criminal Law Cases

 Posted on April 05, 2023 in Criminal Defense

frisco criminal defense lawyerDeciding to go to trial can be complex and profoundly challenging when facing criminal charges. There are many factors to consider, including the strength of the evidence, the chances of a favorable outcome, and the potential consequences of a conviction. Today, we will explore the pros and cons of going to trial in criminal law cases to help you make a more informed decision if you are ever in a similar situation. Remember, consider hiring a criminal defense attorney if you are facing criminal charges. Your attorney will protect your rights and will also make sure you understand all of your legal options at this time.

Pros of Going to Trial 

The following are the pros of going to trial, including:

  • The possibility of a complete acquittal – One of the most appealing aspects of going to trial is the chance of being found not guilty. If you believe that you have a strong defense and that the prosecution’s case is weak, a trial may be your best opportunity to clear your name and avoid the consequences of a conviction. 

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