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DO I HAVE TO GO TO TRIAL IN TEXAS?

Recent Blog Posts

Types of Witnesses in Criminal Trials 

 Posted on January 31, 2025 in Criminal Defense

Collin County, TX criminal defense lawyerWitness testimony plays a crucial role in criminal trials. Whether testifying for the prosecution or the defense, witnesses provide information that helps the court determine what happened and whether a defendant is guilty. 

However, not all witnesses do quite the same thing. Understanding the different types of witnesses in a criminal trial can help defendants and their attorneys build a strong defense. A Texas criminal defense attorney will need to look at your case to determine whether witnesses might support a favorable outcome. 

Fact Witnesses

A fact witness is someone who has direct knowledge of the events related to the case. This person may have seen, heard, or experienced something relevant to the crime. Fact witnesses include eyewitnesses, bystanders, and victims. Because fact witnesses are often influenced by stress, personal bias, and their physical point of view of events, they are not always the most reliable witnesses. 

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Do You Go to Jail for a DWI With a Child in the Car?

 Posted on January 22, 2025 in DWI

Fairview, TX criminal defense lawyerBeing arrested for driving while intoxicated (DWI) is always a stressful experience, but having your child in the car when it happens adds a whole new level of complexity and seriousness. Texas law takes these cases very seriously, and the consequences of a conviction can be life-altering for both you and your family. If you are facing a charge for DWI with a child passenger, you need to understand what you are up against and seek the help of a Texas DWI defense attorney who has extensive experience in fighting the most serious DWI cases. 

What is DWI With a Child Passenger?

In Texas, DWI with a child passenger is a charge that can be brought when someone is arrested for driving while intoxicated and has a child under the age of 15 in the vehicle. This crime is classified as a state jail felony under Texas law, which means it carries harsher penalties than a typical DWI.

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What Happens if You Bring Edibles on a Plane?

 Posted on January 16, 2025 in Drug Charges

Plano, TX criminal defense lawyerTraveling with edibles may seem harmless, especially since marijuana laws are changing across the United States. However, if you are caught with edibles at an airport, the consequences can be severe — especially in Texas. Whether you are curious about the risks or you have already been stopped by TSA, you need the help of a Texas criminal defense lawyer to deal with Texas’ harsh drug laws.

Is It Illegal to Bring Edibles on a Plane?

Even in states where marijuana is legal to use recreationally, it is illegal to bring cannabis edibles on a plane. Federal law still classifies weed as a Schedule I controlled substance. The Transportation Security Administration (TSA) operates under federal law, meaning they do not permit cannabis, including edibles, on planes. This applies even if you are flying between two states where marijuana is legal.

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Can You Get a Not-Guilty Verdict in a Texas DWI Case? 

 Posted on January 09, 2025 in DWI

Prosper, TX DWI defense lawyerThe plain truth is that most people drink and that many of these people make the decision to get behind the wheel of a car after they have drunk too much to safely drive. But getting pulled over and charged with driving while intoxicated (DWI) does not make someone a bad person; it just means they have made a mistake. 

Unfortunately, zealous prosecutors will aggressively go after good people for DWIs when it does not necessarily make sense or when there are better options available. Regardless of the circumstances, the outcome of a DWI case is never set in stone. If you are worried you may be facing a felony, jail time, or a ruined reputation because of a DWI, do not despair. Call our Texas DWI defense attorneys and let us help you. 

The Basics of Texas DWIs

In Texas, you can be charged with DWI if your blood alcohol concentration (BAC) is 0.08 percent or higher or if you are found to be impaired by alcohol or drugs while operating a vehicle. Prosecutors must prove their case beyond a reasonable doubt, which means they must have very strong evidence to convict you. Common evidence used in DWI cases includes:

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Are Attorney Writ Bonds Cheaper?

 Posted on December 26, 2024 in Attorney Writ Bonds

Frisco, TX criminal defense lawyerIf you have ever been arrested, you know the first thought on your mind is always "When can I get out?" In Texas, one option for getting out of jail quickly is an attorney writ bond. If you are in Collin County and considering this option, you may wonder whether an attorney writ bond is cheaper than other types of bonds. 

The answer depends on several factors, including the circumstances of your case and the costs associated with each type of bond. If someone you love has been arrested and you want to get them out of jail fast, call our Texas attorney writ bond criminal defense attorneys now.

How Do Attorney Writ Bonds Compare to Normal Bail Bonds?

An attorney writ bond is a legal document filed by a licensed attorney that acts as a bond to secure your release from jail. It is available for certain misdemeanor charges, such as DWI, theft, or possession of marijuana. The writ bond is filed directly with the jail or magistrate, often allowing for quicker release compared to traditional bonding methods.

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Do I Qualify for an Attorney Writ Bond?

 Posted on December 19, 2024 in Attorney Writ Bonds

Collin County, TX criminal defense lawyerIf you or a loved one has been arrested in Texas, the first thing you probably want to know is how you can get out of jail as quickly as possible. In certain cases, an attorney writ bond can expedite this process. Understanding how an attorney writ bond works, whether you qualify, and how a Texas criminal defense lawyer with Law Offices of Biederman & Burleson P.L.L.C. can help is the first step towards getting out of jail fast. 

What Is an Attorney Writ Bond?

An attorney writ bond is a legal tool to get someone out of jail without waiting to see a magistrate judge. Typically, when someone is arrested, they must wait for a magistrate hearing to have bail set. This process can take hours or even days, depending on the jurisdiction and the timing of the arrest. For example, arrests that happen on a Friday result in a weekend in jail because a magistrate judge will not be in until Monday morning. An attorney writ bond allows an attorney to intervene on the arrested person’s behalf and expedite their release.

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How to Fight a Texas Protective Order 

 Posted on December 12, 2024 in Criminal Defense

Collin County, TX criminal defense lawyerIn Texas, a protective order, also known as a restraining order, is a court order aimed at preventing contact between two people, typically in situations involving alleged threats, harassment, or domestic violence. While protective orders can serve to keep people safe, they are fairly easy to get approved and many people use them as a tool to punish someone else. If someone has filed a protective order against you in Texas, it is important to understand your rights and take action to defend yourself. Do not do this alone – one of our experienced, aggressive Collin County, TX criminal defense attorneys can help.

Protective Orders in Texas

A protective order places restrictions on someone, often prohibiting them from contacting the petitioner (the person who applied for the protective order), going near their residence or workplace, or having guns. Violating a protective order can lead to serious consequences, including criminal charges and potential jail time. Protective orders can last anywhere from 20 days (for temporary orders) to up to two years, or even longer in extreme cases.

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Are Domestic Violence and Domestic Battery the Same in Texas? 

 Posted on December 04, 2024 in Family Violence

Frisco, TX criminal defense lawyerIn Texas, domestic violence and domestic battery are closely related but not exactly the same. The term "domestic violence" serves as a broad category that includes various behaviors within a domestic relationship, while "domestic battery" specifically refers to physical contact that causes physical injury. In other words, all domestic battery is domestic violence; not all domestic violence is domestic battery.

Understanding the distinction is important, as the penalties for offenses involving family or household members are often more severe due to special enhancements under Texas law. If you are facing accusations of domestic violence or domestic battery, knowing your rights and the legal implications could make a difference for your future. An experienced Texas criminal defense attorney can help you navigate the complexities of these charges and work to protect your interests.

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College Station 6th Graders Get Halloween THC-Laced Candy

 Posted on November 26, 2024 in Drug Charges

TX defense lawyerRecently, three College Station, TX sixth graders were accidentally given THC-laced candy during Halloween. While one of the students tasted the candy and spit it out, the other two ate the THC-laced candy. One of the sixth graders felt ill and went to the school nurse’s office, who realized the candy was not meant for children.

School officials, emergency services, and law enforcement were all notified, although the investigation found that the student who brought the candy to school – and his family – were unaware that it contained THC, as it resembled a bag of the popular candy, Sour Patch Kids. While no criminal charges are pending, if the investigation had revealed the parents were aware of the THC-laced candies, they could have potentially been charged with a criminal offense.

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How Can You Fight Intoxication Assault Charges in Texas?

 Posted on November 19, 2024 in DWI

TX defense lawyerTwo drivers will face intoxication charges following a three-car collision that shut down parts of Highway 287 in Fort Worth just a few days ago. Three people were injured in the accident when a Ford Escape hit a temporary construction barrier around 3 a.m. As construction workers were assisting the driver of the Escape, who was allegedly intoxicated, a Chevrolet Malibu collided with a construction truck, striking one of the construction workers.

The driver of the Malibu was also allegedly intoxicated. Both drivers and the construction worker were taken to the hospital. The driver of the Malibu could face intoxication assault charges as he injured the construction worker in the crash. The driver of the Escape was arrested and charged with DWI. Across the state of Texas, three people were killed each day in 2023 in alcohol-related crashes.

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