Driving while under the influence of alcohol or drugs is a serious offense in Texas. If you are pulled over by a police officer, asked to take a breathalyzer or field sobriety test, and arrested for driving while intoxicated (DWI), you will want to understand the types of criminal charges you may face, the potential consequences of a conviction, and whether you will lose your driver’s license. However, your first priority will likely be to find out how you can be released from custody. 

If you are arrested and booked at a local police department or a county jail, the procedures followed can be confusing, and you may not understand whether you will be required to appear before a judge or post bail before you can be released. Fortunately, by working with a lawyer, you may be able to get out of jail more quickly through an attorney writ bond.

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Relationships between spouses, family members, or people who live in the same household can sometimes be strained, and arguments or conflicts can escalate into situations involving accusations of family violence. If you have been accused of committing domestic violence, you should be aware that you could not only face criminal charges, but you may also be subject to a protective order (commonly known as a restraining order). The most common type of protective order that is issued in Texas is the Magistrate’s Order of Emergency Protection (MOEP), and it is important to understand when this type of order will apply and the effects it can have on your life.

Protective Orders Issued by Criminal Courts

If a person is arrested because of accusations of family violence, stalking, or sexual assault, a criminal court judge (known as a magistrate) may issue an emergency order of protection. A judge may issue an order based on his or her own discretion or following a request from an alleged victim, a peace officer, or a prosecutor. If an alleged family violence offense caused serious bodily injury to a victim or involved the use of a deadly weapon, a magistrate is required to issue an emergency protective order. 

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In many cases involving drug possession, weapons possession, and theft, the State of Texas relies on evidence obtained through a search warrant in order to establish the defendant’s guilt. If an officer approaches you with a warrant, you may fear that a guilty verdict is inevitable, but this is not always the case. With the help of an experienced criminal defense attorney, you may be able to contest the admission of evidence seized in the search and prevent it from influencing the outcome of your case.

Understanding Your Fourth Amendment Rights

The Fourth Amendment to the United States Constitution protects citizens and their property from unreasonable search and seizure. It states that warrants may not be issued without probable cause supported by a sworn affirmation and that they must describe the specific place to be searched and the items to be seized. The Texas Code of Criminal Procedure includes provisions to ensure that warrants are issued and executed in compliance with the Fourth Amendment, and if those provisions are not upheld, your rights may be in violation.

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Hundreds of Texans are killed in car accidents involving alcohol each year, and in order to reduce this risk, Texas enforces a driver’s license suspension for many motorists who are arrested for or convicted of driving while intoxicated (DWI). However, these suspensions are usually not permanent, and drivers have the right to apply for reinstatement of their license when the time period of their suspension has passed. With the help of a DWI defense attorney, you can demonstrate to the state that you can drive safely in the future and get your license back as soon as possible.

When Can Your License Be Suspended in Texas?

If you are arrested for an alcohol-related driving offense, your license may be suspended under any of the following circumstances:

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For many people, alcohol is the first substance that comes to mind in relation to the offense of driving while intoxicated (DWI), but Texas law defines intoxication as having one’s mental and physical capacities impaired by the use of any drug or substance. As some states continue to legalize or decriminalize marijuana and THC products, many drivers are being arrested on DWI charges related to these specific substances. In Texas, where recreational marijuana use and possession remain illegal and medical marijuana is highly regulated, motorists may face harsh penalties for driving under the influence of marijuana. If you are facing marijuana DWI charges, you need a skilled criminal defense attorney who can help you contest and reduce the charges or avoid a conviction altogether.

Defense Strategies for Marijuana DWI Cases

While Texas specifies a blood alcohol concentration (BAC) of at least 0.08 percent for alcohol intoxication, there is no clear standard when it comes to marijuana or THC. This means that marijuana DWI charges and sentencing often come down to the testimony of law enforcement officers against the testimony of the defendant. A lawyer who has experience with marijuana cases can pursue defense strategies that may help you persuade the jury of your innocence. These strategies include:

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Driving while intoxicated (DWI) is treated as a serious criminal offense for Texans of any age, but underage drinkers are subject to even more stringent penalties. Texas not only has separate laws for driving under the influence (DUI) that apply to drivers under the age of 21 with any amount of alcohol in their system, but several other underage drinking offenses can also result in the loss of driving privileges. If you or your child has been arrested on an underage drinking charge, you should know about the potential legal consequences. An experienced criminal defense attorney can help protect your rights and driving privileges.

Texas Underage Drinking Laws

In Texas, underage drivers can be arrested for DUI if they have consumed any alcohol before driving. A police officer can make an arrest based on a blood alcohol content (BAC) test, even one with a result below the legal limit of 0.08 percent, or based on smelling alcohol on the driver’s breath. Texas law also prohibits someone under the age of 21 from purchasing, possessing, and consuming alcohol in most situations, as well as being drunk in public. A person arrested for the first time for any of these offenses may face Class C misdemeanor charges.

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With the prosecution of new cases at the federal level for white-collar crimes down 25 percent in the last five years, it might seem easier than ever to get away with these nonviolent crimes. However, in the months since the beginning of the public health crisis, especially shortly after the enactment of the Defense Production Act, the Justice Department has been adamant about investigating and prosecuting white-collar criminals who are seeking to make illegal profits off of the pandemic, be it through price-gouging, equipment hoarding, market manipulation, insider trading, or fraudulent sales activities. In that sense, a flurry of activity prosecuting white-collar crimes is likely to reverse the recent downward trend in the number of cases and, since these are usually federal crimes, Texas residents are just as likely to face such charges as any other Americans would be.

What Is White-Collar Crime?

Reportedly first described by social scientist Edwin Sutherland in 1939 as crimes committed by people of high social stature through their professional work activities, “white-collar crime” concerns nonviolent offenses dealing mostly with financial transgressions committed by business and government professionals.

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You may have already heard about expunctions in Texas. This is when you and your lawyer are able to go to court to wipe your criminal record clean of charges. This is particularly useful to people who do not have multiple offenses and simply want to get that “one bad mistake” removed from their record so they can move forward with their lives. However, getting that “clean slate” that everyone hopes for is not a given; some people do not qualify for it. In those cases, an Order of Nondisclosure might be the right choice. Here is how a nondisclosure order can help you and how you can qualify for one.  

Benefits of a Nondisclosure Order

While getting an Order of Nondisclosure will not wipe your entire criminal record clear, giving you the clean slate you crave, it can still assist in helping you get your life back on track. These orders essentially require records of a specific crime to be sealed from the public, including all information related to:

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Last month, looting took place across the nation after protests turned violent, including in Texas. In consideration of this recent uptick in theft, it is worth thinking about what you should do if accused of theft in Texas. In some cases, the penalties can be severe depending on the circumstances surrounding the incident. Below are some effective strategies you and your lawyer can use to challenge these criminal charges if you or someone you know is facing such charges.

Key Strategies for Winning a Theft Case

While there are many defense strategies that are unique to each theft case, here are some common and effective steps to fight these charges:

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If you thought getting charged with a DWI was bad enough, consider the consequences of a DWI with a child passenger. Should you be accused of such a crime, even if it is the first time you have ever been accused of any crime, you could still face significant consequences, including substantial fines, jail time, probation, and other penalties, not to mention child endangerment allegations that could put your child’s custody in jeopardy. If you or someone you know is facing DWI with a minor passenger charge, hiring a skilled criminal defense attorney should be your first step in figuring out an effective defense strategy.

What an Attorney Can Do for You 

Many states across the country do not target child endangerment charges for DWI/DUI with a minor passenger as strictly as Texas. In fact, for years, only three states other than Texas made such a charge an automatic felony. So, if you have to tackle DWI with a child passenger charges, you might not only be charged with the DWI itself but also child endangerment, which could make the charges and punishments much more serious. That is why you need professional legal representation to help you with such charges.

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There has always been a social battle about the safety of guns — do you feel safer with a gun in your hands or without one? The state of Texas allows gun ownership with the proper training and permits. Most people who own weapons use them for hunting or protection purposes. In fact, many who face gun charges use self-defense as their legal defense tactic. Since it is common for this tactic to be used, Texas law illustrates what is considered self-defense to protect those who were defending themselves while also obtaining justice for gun violence victims when the situation warrants. 

Actions of Self-Defense

Known as “protection of persons” in Texas legislature, anyone who reasonably believes that immediate force is necessary to protect themselves is warranted to use this force against their attacker. The following three elements must be present in order for the situation to be considered a valid concern of threatened danger, thus warranting self-defense:

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The U.S. Constitution states: “The accused shall enjoy the right to a speedy trial.” However, after months of the pandemic postponing jury trials, even now the courts have slowed down due to precautions being taken for public safety. In a sense, that right to a speedy trial has been put into jeopardy. About a month ago, the justice system in Collin County was among the first in the nation to offer a jury trial by videoconference. While the trial did reach its conclusion, it was not without complications, which made it all the more beneficial that the case itself was a civil, non-binding summary jury proceeding. In other words, as a test case with this new technology, its failure would not be of great detriment to anyone’s life or livelihood as with many criminal proceedings, such as those for homicide, DWI, or even drug possession. However, merely being open to this shows that Collin County might be willing to adopt something similar in the future for more types of cases. The following are the pros and cons of this new trend in technology.

3 Drawbacks of Virtual Jury Trials

Many lawyers, especially criminal defense attorneys, and other legal experts will be quick to point out the shortcomings of holding a jury trial virtually. These problems may include:

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Since there are numerous crimes with which you could potentially be charged, including DWI, drug possession, theft, and assault, there is a wide variety of defense strategies to be employed depending on the offense. Finding an experienced attorney to stand by your side is crucial to your case, but this can be a daunting task. If you are searching for a qualified defense attorney but are unsure what to look for, there are a number of qualities that show that the attorney at hand has the necessary skills to understand your case and provide you with insightful legal advice.

What to Look for in an Attorney

When meeting with attorneys for the first time, look for the following characteristics to see if they are the right fit:

1. Attention to Detail—Your lawyer needs to be well-versed and knowledgeable about the law and the latest developments in your local justice system in order to be prepared to take on your case. He or she needs to review and understand all the details about your case in particular. This requires an exhaustive study of the discovery items, evidence, and any other documentation provided by the prosecution. Your criminal defense lawyer should be studying the jury as well. Your lawyer needs to know the jurors' backgrounds and how that may impact the verdict. An accomplished attorney will also study the jurors' body language in addition to the ways a witness reacts during testimony. All of these “minor” details can be collected and used as a tool to win your case.

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Whether you are being arrested for DWI, theft, assault, drug possession, gun charges, homicide, or any other number of criminal offenses, you should always pay close attention to what is happening while you are being arrested. Depending on what the arresting officer does or does not do, your rights may be violated. A skilled criminal defense attorney might gain additional information that can help bolster your defense. In some situations, your charges may be reduced or dropped altogether if the police did not follow proper procedures or engaged in misconduct. 

Proper Arrest Procedures

In many criminal cases, the actions of the arresting officer or other officers involved in your detainment can determine the outcome of the case. This is because there are certain procedures that the police are required to follow by law during an arrest of a suspect in order to ensure justice for all, yourself included. This means you cannot be mistreated or otherwise have your rights withheld or violated. Here are some of the things to be on the lookout for during your arrest in Texas:

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The public health crisis that we have witnessed over the last few months caused by COVID-19 has resulted in numerous stay-at-home and shelter-in-place orders being declared throughout the nation, including in Texas. While many of these orders have been lifted or are on the way to being lifted, there is still one simple fact resulting from these challenging times: more and more people have been stranded at home than in the past. There are many consequences of this new normal, but one particularly prevalent result that cannot be overlooked is the likelihood of more domestic violence reports. If you find yourself facing such charges, a skilled criminal defense attorney can help you avoid a conviction. 

The Accuser Is Not Always Right

It is common for people to side with the person reporting domestic violence. That person is typically viewed as the victim, no matter what the evidence or lack thereof might suggest. However, the very factors that can contribute to surges in domestic violence reports during uncertain times like these may also be reasons that these claims could be found to be false or otherwise disproven in court. Here are a few examples of how that can occur:

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While some might argue that theft is not a major concern in Texas, the truth is that lawmakers and, consequently, law enforcement over the last year have been focusing more of their efforts on this crime. At the least, depending on where you live in Texas, the local governments have been redefining and reforming how theft is treated overall. The point is, if you are accused of theft in Texas, you should be prepared for an unexpected outcome. The legal system in Texas may not just give you a "slap on the wrist" for an offense like this, so it is important to have a skilled criminal defense attorney representing your best interests.

The Latest Developments in Theft Law Across Texas

For the most part, theft is a serious crime in Texas. Lawmakers and law enforcement officials alike have not neglected to focus on it. In fact, during the past year, a wide variety of policy and law changes have been enacted that could affect many Texans. A few of the most recent developments in theft law throughout Texas include:

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While it is true that states across the nation have legalized marijuana, both medicinally and recreationally, you should know that Texas still remains one of the strictest states when it comes to drug possession enforcement. While you might think that having a small amount of marijuana in your possession is not that big of a deal, in the state of Texas, it is considered a serious criminal offense. Drug possession, in general, includes penalty groups that determine punishments depending on the controlled substance and the amount. It is important to understand the different penalties if you ever face any drug-related charges. 

Drug Possession Penalty Groups

There are four main drug penalty groups in Texas, with a few subsets. These penalty groups are determined based on the type of drugs involved. The groups are:

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Arguments between strangers or even family members can often lead to heated disputes that may result in physical confrontations. Statistics show that assault is one of the most common types of violent crimes committed in the United States. Many people think an assault is a physical attack on someone, but it can also just be the threat of inflicting violence. It is important to know and understand the laws concerning assault in Texas, because you never know when incidents might escalate. If you or someone you know is facing assault charges, a skilled criminal defense attorney can ensure your rights are protected in a court of law. 

Assault in Texas: An Umbrella Term

Many states have defined “assault” as merely threatening or attempting to commit harmful acts upon another person. The actual act of harming someone is defined as a “battery” charge. In Texas, the two crimes are combined into one single offense. All of the following actions are classified as assault (in this case, “simple assault”):

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If you were pulled over for driving while intoxicated (DWI), and you know you are guilty of that crime, that does not make it an open-and-shut case. You still have the right to legal representation, and your attorney can fight for you in such a way that you may be not found guilty, the case may be dismissed, or the charges may be reduced. In fact, criminal defense attorneys are able to discover things that you—and possibly the prosecution—are unable to see about your case. As they collect, research, and study these details, they are able to undermine the prosecution’s case against you. Here are all the reasons why you should seek an attorney even if you were driving drunk:

The Benefits of Hiring a Lawyer

Ultimately, the most important reason you need an attorney if you are facing DWI charges is that, even if you know you are guilty of the crime, all sorts of things could have happened during the legal process. This can include the procedures followed when police officers first arrested you and collected evidence or the ways the prosecutor makes an argument against you. For example, your criminal defense attorney can assist with the following issues:

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DWI (driving while intoxicated) is a serious charge in Texas, but DWI with a child passenger can be even more serious, carrying with it particularly severe consequences, both in terms of criminal law and civil law. From jail time and fines to loss of child custody, the effects of these allegations can completely change your life. To better prepare you if you are facing these charges, the following information outlines the legal definition of DWI with a child passenger, as well as the penalties associated with this criminal offense.

What Is DWI With a Child?

If it is determined that you were driving while intoxicated (a BAC of .08 percent or higher), and you had a child under the age of 15 in your car at the time, then you could be charged with DWI with a child passenger in Texas. You can still face this charge even if the child did not get injured or harmed in any way.

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