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DO I HAVE TO GO TO TRIAL IN TEXAS?

Recent Blog Posts

What Does a Criminal Defense Lawyer Do For You?

 Posted on October 21, 2022 in Criminal Defense

Fairview Criminal LawyerWhen someone is arrested, they are read a series of rights called "Miranda Rights." These rights include the right to remain silent and the right to an attorney. If you are like many people, you probably know that individuals accused of criminal acts have the right to speak with an attorney and to have an attorney represent them at trial. However, you may be unsure of exactly what a criminal defense lawyer does and how having a lawyer can help someone accused of a crime.

If you or a loved one were charged with drunk driving, assault, drug possession, theft, homicide, or another criminal offense, a lawyer can provide the guidance and legal representation you need.

Key Responsibilities of a Criminal Defense Lawyer 

Criminal defendants are not required to have a lawyer represent them, but having a lawyer is highly recommended. This is because highly skilled lawyers, called prosecutors, will represent the state or federal government in a criminal case. The prosecutors' sole ambition is a conviction. Individuals accused of crimes need someone who is standing up for them and advocating for their innocence.

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Can You Go to Jail for Pot Brownies in Texas?

 Posted on October 14, 2022 in Drug Charges

Prosper Marijuana Crimes LawyerIn Texas, possession of marijuana, cannabis, or THC edibles is still illegal. Texans can face significant consequences, including incarceration, for possession, distribution, or cultivation of marijuana. Tetrahydrocannabinol (THC) is the substance found in marijuana that causes the psychoactive effects of the drug. Some people extract THC and mix it into foods such as cookies or brownies. Serving a pan of so-called "pot brownies" at a party may seem harmless. However,  in Texas, it is a crime that can result in life-changing consequences.

Texas Laws Regarding Foods Containing THC 

THC concentrate or resin is treated differently under Texas law than marijuana flower. The Texas Controlled Substances Act classifies THC products to be in penalty group two. While possession of less than four ounces of marijuana flower is a misdemeanor offense in Texas, possession of even a very small amount of THC concentrate is a felony offense. 

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Answering Your Questions About Search Warrants in Texas

 Posted on October 07, 2022 in Criminal Defense

Fairview Search and Seizure AttorneyFortunately, Americans have important rights protected by the U.S. Constitution. One of these rights is the right to be free from unjustified searches of their personal property. In many cases, police or other government officials must get a search warrant before they can search a person’s property. However, there are also situations in which a search warrant is not required. It is important for every Texan to know their rights and understand when police have the right to search their home, vehicle, or personal property. This is especially true if you are facing criminal charges.

When Do Police Need a Search Warrant to Search Someone’s Property?

Police officers generally need a search warrant to search someone’s house, apartment, or other dwelling place. There are a few exceptions to this rule, however. Police can search your home without a warrant if you or someone else who lives there gives them permission to search. Police may also be able to conduct a warrantless search if someone is in immediate danger or evidence is being destroyed. Police may also seize evidence in clear view. For example, if you are talking to police on your front porch and they see needles and drugs in your living room, they may have the right to seize these items and place you under arrest for drug possession.

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Cheating a Drug Test with Synthetic Urine: Can I Face Criminal Charges?

 Posted on September 26, 2022 in Criminal Defense

Prosper Marijuana Possession LawyerMany Texas employers require applicants and employees to take a drug test. Workers are asked to provide a urine sample which is then tested for THC, cocaine, methamphetamine, opiates, and other drugs. Individuals hoping to get or keep their jobs often ask whether cheating on a drug test is illegal. There are products such as synthetic urine and blocking agents on the market that are used to falsify drug test results. Most people assume that job loss is the worst possible outcome of using these products. However, in Texas, it is possible to face criminal charges for falsifying a drug test result. 

What Happens If I Cheat a Drug Test for Work?

Texas is known for having strict drug laws. Marijuana, cannabis, and THC products are still illegal in Texas. Penalties for possession of small amounts of marijuana have been reduced in recent years, but it is still a crime to possess any amount of marijuana in Texas. There are only a few exceptions for the medical use of very low-THC marijuana products. Cultivation and delivery or sale of marijuana are penalized even more harshly. 

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Felony Charges For Accidents Caused by Alleged Street Racing 

 Posted on September 23, 2022 in Criminal Defense

Fairview Criminal Defense LawyerIf they are honest with themselves, most drivers would admit to driving above the speed limit at least once or twice in their lives. Some may also admit that they have shown off their vehicles by revving the engine, accelerating very quickly, racing other vehicles, or squealing the tires. Unfortunately, these seemingly harmless activities can result in very serious penalties if they are done in the wrong place at the wrong time.

Usually, speeding only results in a traffic ticket and a moderate fine. However, drivers who are involved in an accident causing injury or death because of alleged drag racing or flaunting may face felony charges.

Defining Street Racing in Texas

Street racing is a dangerous and illegal activity that has been on the rise in recent years. It often results in high-speed chases with police, accidents, and sometimes even deaths. The Texas Penal Code prohibits:

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How Can I Help a Family Member Who Has Been Charged With Driving While Intoxicated? 

 Posted on September 14, 2022 in DWI

Prosper Writ Bonds AttorneyReceiving a phone call from a family member who has just been arrested for drunk driving can be shocking and confusing. If you do not have much experience with the criminal justice system, you may be unsure of what to do. You may be overwhelmed with questions like, "Will my loved one go to jail? Can I bail them out? What are the next steps after a DWI charge?"

The first step is to remain calm. It is important to remember that being charged with a DWI does not mean that your loved one is automatically guilty. They are entitled to a fair trial, and it will be up to the prosecutor to prove their guilt beyond a reasonable doubt. There are a few things you can do to help your loved one through this difficult time.

Look Into Getting an Attorney Writ Bond So He or She Can Leave Police Custody

After a Texas DWI arrest, your loved one will likely be taken to the police station for processing. Once they have been processed, they may be eligible for an attorney writ bond. Typically, an arrested person has to wait in police custody until they can see a judge. This can take as long as two or three days. An attorney writ bond can get a DWI defendant out of jail within a matter of hours. You may be able to secure an attorney writ bond for your loved one without even leaving your home.

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How and Why Are Criminal Charges Against a Person Dismissed in Texas?

 Posted on September 07, 2022 in Criminal Defense

Prosper Criminal Charges LawyerMost people assume that criminal charges can only lead to one of two outcomes: a guilty verdict or an acquittal. However, there is another potential outcome that is even more preferable than being pronounced "not guilty." In some cases, criminal charges against a person are dismissed entirely. Once charges are dismissed, the person is no longer facing any legal penalties or repercussions. He or she will be spared the stress and expense of a jury trial. Even better, the person can ask the court for an expungement that erases the arrest record and court files.

Reasons for Dismissal of Criminal Charges in Collin County

There are a number of reasons that criminal charges might be dismissed. One common reason is if the prosecutor decides that there is not enough evidence to convict the defendant. This could be because key witnesses are unavailable or because the evidence is not strong enough to prove beyond a reasonable doubt that the defendant committed the crime. In some cases, charges are dismissed because the defendant has been cleared by new evidence, such as DNA testing.

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Defending Yourself Against Assault or Aggravated Assault Charges

 Posted on August 26, 2022 in Criminal Defense

TX defense lawyerAnything from a bar fight to a domestic dispute can lead to assault charges. It's important to understand that assault is a serious criminal offense that often results in life-changing consequences. Your personal reputation, professional career, and very freedom are on the line. If you've been accused of assault, make sure to contact a criminal defense lawyer for help right away.

Defense Strategies for People Accused of Assault

There are a number of ways to defend against assault or aggravated assault charges. The most common defenses used by criminal defense lawyers include self-defense, defense of others, and lack of intent.

  • Self-defense is when you use force against someone else in order to protect yourself from harm. In order for this defense to be successful, you must have reasonably believed that you were in danger of being hurt or killed and that using force was the only way to protect yourself.

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Can I Face Federal Criminal Charges for Planning a Crime but Not Following Through with It?

 Posted on August 19, 2022 in Criminal Defense

TX defense lawyerMany people are surprised to learn that the act of planning a criminal offense with another person is, itself, a crime. Talking with another individual about a planned offense can lead to criminal charges for conspiracy – even if you did not follow through with the plan.

Federal criminal charges are often penalized by significant prison terms and other harsh consequences. If you or a loved one are facing charges for conspiracy or another federal offense, it is crucial that you speak to a lawyer right away. Do not consent to police interrogation or discuss the alleged offense with anyone other than your attorney. You have important rights, including the right to avoid self-incrimination, and you need to assert those rights immediately.

Understanding Conspiracy Charges

Federal law states that the crime of conspiracy occurs when:

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5 Criminal Offenses that Quality for an Attorney Writ Bond in Texas

 Posted on August 15, 2022 in Attorney Writ Bonds

TX defense lawyerWhen a criminal suspect is arrested, they are taken into police custody where they must wait until they are brought before a judge and their bail is set. Most people who are arrested are everyday people with jobs, responsibilities, and family obligations. They do not have time to wait 24-48 hours in jail, nor do they want to. A Writ of Habeas Corpus, usually called an “attorney writ bond” or “writ bond” for short, is a special type of bond that allows an arrested person to get out of police custody or jail almost immediately.

Offenses in Collin County That Qualify for an Attorney Writ Bond

Licensed attorneys in Collin County have the authority to get a criminal suspect released from jail even if the person has not appeared before a judge. Most Class A and Class B misdemeanors are eligible for a writ bond. The main exceptions to this are family violence offenses. Only attorneys can secure a writ bond, not bail bondsmen.

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