Any relationship is bound to have some degree of conflict. However, when a conflict between romantic partners, roommates, or relatives escalates, an individual may be accused of “family violence.” The state of Texas takes allegations of family violence and child abuse very seriously. Consequently, an individual accused of family violence or domestic violence can face harsh criminal consequences. If you have been accused of harming a family member or household member, you may be subject to a Magistrate’s Order of Emergency Protection (MOEP). If someone has filed an MOEP against you, understanding your rights and obligations is essential. 

Texas Magistrate’s Order of Emergency Protection

A Magistrate’s Order of Emergency Protection is a court order that is used to protect an alleged victim of domestic violence or stalking from further harassment or abuse. These orders are often referred to as restraining orders or protection orders. In Texas, a judge or “magistrate” is required to issue a MOEP if someone is arrested for family violence involving a deadly weapon or resulting in serious bodily harm. A judge may also issue an MOEP if the order is requested by a law enforcement officer, prosecutor, alleged victim, or the guardian of an alleged victim.

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When a person drives after drinking alcohol, they may face charges of driving while intoxicated (DWI) if they are found to be in control of a vehicle with a blood alcohol content (BAC) of at least .08 percent. However, there are other substances that can cause impairment that affects a person’s ability to drive safely. Drivers should be aware that they could face DWI charges due to the use of a variety of different types of drugs. Those who have been charged with DWI in Texas will want to secure representation from a skilled and experienced criminal defense attorney.

DWI Charges Related to Legal and Illegal Drugs

The Texas Penal Code states that a person is considered to be intoxicated if they do not have the normal use of their physical or mental faculties due to the introduction of alcohol, drugs, or any combination of these substances into their body. This means that the use of any substances that affect a person’s ability to safely operate a vehicle could lead to DWI charges. These substances may include:

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There are multiple activities and behaviors that can lead to a person facing criminal charges, and sometimes, these can arise out of relationship problems, disagreements between family members, or other situations where a person acts in a way that offends or threatens someone else. In some cases, a person who allegedly commits these types of actions may face charges of harassment, but in more serious situations, they may be accused of stalking. This is a felony offense in Texas, and a conviction can result in severe penalties, so those who have been accused of this crime should be sure to understand the laws that affect them and the best defense strategies against these types of charges.

The Differences Between Harassment and Stalking

The Texas Penal Code defines harassment as actions that are deliberately meant to annoy, torment, abuse, alarm, or embarrass someone else. These actions may include repeatedly calling someone on the phone or sending text messages or emails, as well as messages sent through other types of electronic communication, such as social media. Harassment may also involve threatening to injure or harm a person, their family members, or their property; making false reports that a person’s loved ones have suffered serious injuries or been killed; or any forms of communication that involve obscene comments or requests.

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After being arrested on criminal charges, you will want to figure out the best way to get out of jail as quickly as possible. While waiting for a judge to set bail and posting that amount either by making a cash payment or receiving a bail bond is one commonly used option, this process can take up to 48 hours to complete. In some cases, you may be able to get released more quickly by obtaining an attorney writ bond. Our attorneys can help you make arrangements to receive this type of bond without the need to appear before a judge, and in many cases, this process can be completed within a few hours. However, it is important to understand the types of cases where an attorney writ bond will or will not be an option.

What Types of Criminal Charges Are Eligible for Attorney Writ Bonds?

Typically, attorney writ bonds are available to those who have been charged with certain types of misdemeanor offenses, including:

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Drunk driving is a serious criminal offense in Texas. When a driver is impaired due to the use of alcohol, controlled substances, or prescription drugs, he or she can face charges of driving while intoxicated (DWI), and a conviction will result in driver’s license suspension or revocation, as well as other consequences, such as being required to pay fines or being sentenced to time in prison. In many cases, drivers will also be ordered to install an ignition interlock device in any vehicles they drive after regaining their driving privileges.

What Is an Ignition Interlock Device?

A breath alcohol ignition interlock device (BAIID) is a breathalyzer that measures a person’s blood alcohol content (BAC) and prevents them from operating their vehicle if they have been drinking. A driver will breathe into the BAIID, and if the device registers a BAC that is above a certain limit, the vehicle will not start. In addition to providing a breath sample when initially starting a car, a driver will also be required to measure their BAC at regular intervals, and the device will take a picture of the person to ensure that the vehicle’s driver is the person providing a breath sample. Typically, drivers will be required to pay all costs related to the installation of a BAIID in their vehicle, as well as ongoing maintenance fees.

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Everyone has made mistakes in their past. Maybe you got caught up with the wrong group of kids growing up, or perhaps you made a drunk decision that you wish you could take back. If you are lucky, you may be the only one who remembers the mistake. For those individuals who have been arrested or charged with a crime, the mistake remains as a mark on their permanent record. People with a criminal background—even those who were arrested but never convicted—have these decisions follow them for the rest of their lives. But what if removing this criminal mark was an option? For some, expunction may be exactly what they are looking for to move on with their lives.

What Records Can Be Expunged?

Criminal records are public, which means that anyone who conducts a background check, especially when hiring for jobs, will see anything built up on your record. An expunction allows individuals to remove information about an arrest, charge, or conviction from their permanent record, but only in certain circumstances. Once the record is expunged, all information regarding the case will be removed from the individual’s record and he or she is legally allowed to deny that the incident ever occurred. You may be wondering why everyone with a criminal record does not work to get their record expunged. The reason? Only 10 situations qualify for expunction. Records eligible for expunction include the following:

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The so-called “war on drugs” has led law enforcement officials to crack down on anyone who is suspected of possessing, using, selling, manufacturing, or distributing controlled substances. However, drug charges can range in severity depending on the types of drugs involved in a case, as well as the amount of the drugs and whether allegations involve simple possession or the intent to deliver or distribute drugs to others. The most serious types of drug charges involve what are commonly known as “hard drugs,” which are substances that are considered to be highly addictive and dangerous without accepted medical benefits.

Drug Charges for Substances in Penalty Group 1

The Texas Penal Code groups controlled substances into several different categories, and drug charges will depend on which penalty group includes a specific drug. Most hard drugs are included in Penalty Group 1, and the possession, manufacture, or delivery of these substances will result in the most serious charges. Drugs in Penalty Group 1 include heroin, cocaine, methamphetamines, raw opium, and other opioids or opiates that are not included in other penalty groups. The Texas Penal Code also identifies Penalty Group 1-A, which includes LSD and other similar hallucinogens.

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There are a wide variety of situations where a person may be accused of family violence. In many cases, these accusations will involve claims that a person has committed assault against a spouse or dating partner. While these types of claims can be serious, a person will likely face even more severe consequences if they are accused of committing family violence against children. Parents will want to understand how the laws in Texas apply to situations involving claims of child abuse or endangerment, and by working with an experienced lawyer, they can determine their best options for defense.

Child Abuse

The Texas Family Code specifies multiple different forms of abuse against children that fall under the category of family violence. These include:

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Most people understand that intentionally injuring or harming someone else can lead to criminal charges. In Texas, a wide variety of different actions can fall under the category of assault, but they typically involve claims that a person has acted in a way that he or she knew would cause bodily injury to a person, either intentionally or recklessly. While “simple” assault charges can result in a variety of criminal consequences, these charges become even more serious when a charge is elevated to aggravated assault. Those who have been accused of serious assault charges will want to understand the exact nature of the offense they are accused of committing, as well as the potential penalties they may face if convicted.

Aggravating Factors in Assault Cases

The Texas Penal Code states that a person may be charged with assault if he or she caused bodily injury to someone else either on purpose or through reckless actions, threatened to commit bodily injury or purposely made physical contact with someone else in a manner that could be considered offensive or provocative. A charge may be elevated to aggravated assault if one of the following occurred when the individual allegedly committed assault:

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Drunk driving is a safety issue that affects everyone who travels the roadways. Because alcohol or drug use can make it difficult or impossible to drive safely, police officers are always on the lookout for behavior that may indicate that a driver is intoxicated. Drivers who are pulled over by law enforcement on suspicion of driving while intoxicated (DWI) will likely be concerned about what they can do to protect their rights, and they should be sure to understand how to respond when asked to submit to any testing to determine whether they are impaired.

Texas’ Implied Consent Law

In the state of Texas, anyone who obtains a driver’s license is considered to have consented to have his or her blood alcohol content (BAC) tested if arrested on DWI charges. This is referred to as “implied consent,” and it means that drivers can face consequences if they refuse BAC testing after an arrest.

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Being arrested is never a pleasant experience, especially for those who are unfamiliar with the processes followed when they are taken into police custody, booked into a jail or detention facility, and formally charged with a crime. In these situations, individuals will want to get out of jail as quickly as they can so they can return to their normal life while determining how to defend against the charges they are facing. Unfortunately, this process can often take significant time as prosecutors determine what charges to file, and the accused waits for a hearing where a judge can set bail. However, an attorney writ bond will offer another option, allowing a person to get out of jail much more quickly while also ensuring that he or she can determine the defense strategy against criminal charges.

When Is an Attorney Writ Bond Available?

After a person is arrested in Texas, he or she must appear before a judge within 48 hours. At this hearing, the judge will inform the person of the charges against him or her, and the court will set conditions for a bond that will allow the person to be released from custody. In many cases, a judge will specify an amount of bail that must be paid. A judge may also allow a person to be released on a personal bond, in which he or she will not be required to pay bail as long as he or she meets all of the requirements set by the judge, such as submitting to electronic monitoring.

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It is well-known that drunk driving is against the law. Alcohol intoxication can make it difficult or impossible for a person to drive safely, and it can lead to dangerous car accidents in which people are injured or killed. Because of this, Texas drivers who operate a vehicle after drinking alcohol or using drugs can face serious criminal charges. Even a first-time DWI offense can lead to multiple penalties that can affect a person for years to come, and those who are facing these types of charges will want to work with a criminal defense attorney to determine the best defense strategy.

Criminal and Administrative Penalties for a First DWI Offense

Under the Texas Penal Code, a person may be charged with the offense of Driving While Intoxicated (DWI) if they operate a motor vehicle in a public place while they have a blood alcohol concentration (BAC) of .08 percent or more. A person may also be considered intoxicated if they have lost their normal physical or mental faculties because of the use of alcohol, controlled substances, prescription medications, or any combination of these substances.

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Drug use is common in the United States, and there are a variety of drug charges that a person may face if police officers suspect that they have used illegal substances. In many cases, drug possession charges will apply if a person is found to have controlled substances on their person or in their home or vehicle. Those who are found in possession of large amounts of drugs or who are suspected of engaging in the sale of drugs to others may face more serious charges of drug delivery, distribution, or trafficking. However, drug charges may also apply in some situations where a person was not actually in possession of drugs, but instead possessed or sold items related to the use or delivery of illegal substances.

Texas Drug Paraphernalia Charges

Drug paraphernalia may include any items or equipment involved in using, manufacturing, or distributing illegal drugs. Examples may include:

• Pipes and other devices used to smoke marijuana

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Domestic violence is an ongoing concern for law enforcement officials, especially during the COVID-19 pandemic. Because of the increased stress that many people are feeling and the requirements to remain together in the same home without the chance to participate in normal activities, disagreements between family members may spiral out of control, leading to accusations of family violence. Other factors that may play a role in these cases include economic anxiety due to job loss or reductions in income, as well as increased rates of drug and alcohol abuse. While a single accusation of domestic assault can lead to consequences that may affect a person’s relationship with their children or other family members, repeated instances of alleged family violence can lead to even more serious criminal charges in Texas.

Understanding Continuous Family Violence Charges

In many cases, a person accused of family violence will be charged with domestic assault. This type of assault may be committed against a spouse, a person’s children, other family members, people living in the same household, or a person in a dating relationship with the accused. Assault is defined as knowingly, intentionally, or recklessly inflicting a bodily injury on a person, threatening to inflict bodily harm, or making physical contact that can be considered “offensive or provocative.” Domestic assault is typically charged as a Class A misdemeanor under Texas law.

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As you prepare for Thanksgiving, it is important to be aware of the increased risk of being arrested on suspicion of drinking and driving. Holiday get-togethers often involve alcohol consumption, and because of this, police officers will be on the lookout for intoxicated drivers during the extended holiday weekends in November and December. Those who expect to consume alcohol will want to understand the steps they can take to avoid being arrested for driving while intoxicated (DWI) in Texas.

Operation CARE and No Refusal Weekends

The Texas Department of Public Safety (DPS) has stated that it will be increasing its enforcement efforts over the Thanksgiving weekend, lasting from Wednesday through Sunday. During this time, officers will be conducting more patrols than normal and looking specifically for drivers who are suspected of drunk driving, as well as other traffic violations, such as speeding and driving without a seat belt.

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Drunk driving is illegal, and a person can face criminal charges for driving while intoxicated (DWI) by alcohol or drugs. In many cases, DWI charges occur because of a lapse in judgment or because a person believed that it was safe to drive without realizing that he or she was above the legal limit for blood alcohol content (BAC). 

Being convicted of DWI in Texas can have a variety of serious consequences, including driver’s license suspension, thousands of dollars in fines, time in prison, probation, community service, participation in DWI education programs, and the requirement to use an ignition interlock device (IID). In many cases, a person will face DWI charges after being pulled over by a police officer, but unfortunately, some cases involve serious car wrecks that may result in the injury or death of others. In these cases, a person who is being charged with DWI should be sure to understand the charges that may apply and the potential penalties he or she could face.

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The term stalking may conjure up images of someone following another person, sending excessive emails, or constantly calling them on the phone. Similar to domestic abuse, stalking is a crime that is all about control and power. Stalking is broadly defined as “conduct directed at a specific person that involves repeated visual or physical proximity, non-consensual communication, or verbal, written, or implied threats, or a combination thereof, that would cause a reasonable person fear.” According to the Centers for Disease Control and Prevention’s (CDC) National Intimate Partner and Sexual Violence Survey (NISVS),1 in 6 women and 1 in 19 men have been the victim of during their lifetime.

Common Stalking Behaviors or Actions

Under the Texas Penal Code, the offenses of harassment and stalking are very closely linked. Stalking can best be described as aggravated harassment. However, harassment charges can come after a single act. On the other hand, stalking charges may be filed against a person who repeatedly (on more than one occasion) engages in conduct that would constitute harassment or that causes another person to fear for his or her own safety or the safety of his or her loved ones. 

To be considered stalking, a repeated threat can be either implied or explicit, but it must be directed at a specific person. This can be done in person or electronically. In today’s digital age, posting personal information or spreading rumors about someone can be considered cyberstalking. Stalking behaviors may also include any of the following acts: 

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Over the last several years, the marijuana laws in many parts of the United States have changed significantly. Multiple states have legalized marijuana for either medicinal or recreational use. In some cases, states, counties, or cities have taken steps toward decriminalization by treating possession of small amounts of marijuana as a petty offense rather than a criminal charge. However, possession of marijuana is still a criminal offense in Texas.

As the legal use of marijuana has become more widespread, a wide variety of different cannabis products have been made available. In addition to the traditional methods of smoking marijuana, users may consume cannabis by using vape pens, edibles, or even lotions. Texas residents should be sure to understand how the state’s laws address these types of products, and a criminal defense lawyer can provide skilled legal representation for a person who is facing drug charges related to the possession of marijuana products.

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Like many other states, Texas takes the crime of drunk driving seriously. A DWI arrest or conviction can be difficult for anyone to overcome, but it is especially challenging for truck drivers and other holders of a commercial driver’s license (CDL) who rely on their driving privileges in order to make a living. If you are a commercial driver facing DWI charges, you need an experienced attorney who can provide the best possible defense so that you have a chance of avoiding criminal penalties that can impact your livelihood.

Additional Restrictions for CDL Drivers in Texas

Under Texas law, if the driver of a passenger vehicle is pulled over under suspicion of driving under the influence and registers a blood alcohol concentration (BAC) of more than 0.08 percent, he or she can be arrested and charged with DWI and face an Administrative License Revocation (ALR) for 90 days or more while awaiting trial. A driver who refuses to submit to a blood or breath test can be subject to an ALR for 180 days or more.

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In Texas, the crime of assault is taken seriously. This particular offense includes any situation in which the offender intentionally or knowingly causes or threatens bodily harm to another person, or physically contacts another person in an offensive or provocative manner. However, the severity of the assault and the resulting penalties can vary greatly depending on the situation. A skilled criminal defense attorney can be especially important if you are facing charges of aggravated assault in Texas.

Consequences of a Texas Aggravated Assault Conviction

In most cases, simple assault in Texas is considered a Class A misdemeanor or lower, resulting in penalties of up to one year of imprisonment and $4,000 in fines. However, certain factors can increase the charges to aggravated assault, including:

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