Posted on November 19,2020 in Criminal Defense

If you have watched crime shows on TV or read about famous criminal cases in the newspaper, you have likely seen the term “bail” with an astronomical dollar amount tied to it. A bail is a form of security given by the accused party that he or she will appear before the court for the alleged crime. Along with bail comes a bail bond or personal bail, each of which requires the accused party to put down a certain amount of money to hold him or her accountable for showing up to a scheduled court date. After showing up to the allotted court date, the defendant will be given his or her bail money back with a small court fee taken out. However, if the accused fails to show up to the listed date, he or she could risk losing that bail amount and face additional charges in Texas.

Bail Bond Violations

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 Posted on November 05,2020 in Criminal Defense

While all crimes are considered serious in the state of Texas, those that involve inflicting violence against another person are held to an even higher standard. Texas classifies crimes into two categories—property crimes and violent crimes—with property crimes being significantly more common. The Texas Department of Public Safety (TxDPS) releases a yearly crime report, and urban areas throughout the state saw a rise in violent crime rates in 2019, including Austin, Dallas, Houston, and San Antonio. Following is a look at the most common violent crimes committed by Texans this past year.

Aggravated Assault

Assault is committed when a person knowingly, intentionally, or recklessly causes or threatens to cause physical injury to another person. The charge escalates to aggravated assault when the perpetrator exhibits or uses a deadly weapon during the assault. In 2019 alone, nearly 75,600 aggravated assault offenses were committed in Texas. This offense is charged as a second-degree felony but may increase to a first-degree felony depending on the details of the crime. In Texas, a second-degree felony holds a punishment of 2-20 years in prison.

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 Posted on October 30,2020 in Criminal Defense

An order of protection, more commonly known as a restraining order, is used to protect victims of abuse, abusive threats, stalking, or assault. These legally binding documents require someone to keep his or her distance from the filing party and anyone else listed on the order. This often includes mothers and their children, keeping fathers from speaking or interacting with their kids. In cases where threats or abuse are present, the court-mandated order is warranted to keep everyone safe. However, what about instances when the filing party is simply trying to restrict the kids from seeing their other parent? Unfortunately, these instances do occur, especially after a contentious divorce. In cases like these, BRCK Criminal Defense Attorneys is here to help.

What Must Be Shown to Obtain an Order?

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 Posted on October 15,2020 in Criminal Defense

Finally gaining the ability to drive is an exciting time in every teen’s life. You have spent the last year or so behind the wheel with your parent in the passenger seat, telling you where to turn, reminding you to slow down, and panicking anytime you have to stop abruptly. Gaining experience behind the wheel with your parents by your side is a right of passage that every teen goes through. When you are finally handed the keys to drive on your own, the freedom is exciting, but can also lead to traffic violations if you are not careful. Coming home with a traffic ticket in hand is most teens’ nightmare. You should know what to do if you ever find yourself being pulled over by an officer to avoid exacerbating the situation.

Talk to Your Parents

It is never a good idea to try to hide the traffic ticket from your parents. Some teens may attempt to do this and wind up making the consequences of the speeding ticket much worse than it would have been if they were honest upfront. It is critical that you discuss the situation with your parents so that they can provide you with guidance on how to move forward. Most may assume that getting a ticket means you are guilty of the listed offense; however, you can challenge the ticket with the help of your parents and an attorney.

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 Posted on October 02,2020 in DWI

Getting arrested for driving while intoxicated (DWI) can greatly impact your future, even if you are never charged or found guilty. Because criminal records are accessible to the public, an employer can see these arrests and will often write you off before ever meeting you. This is the purpose of background checks, but you may be wondering why an old arrest that did not amount to a guilty charge can continue to get in the way of your future. This is especially common for those who were arrested for DWI at a young age. Luckily, the Texas law has a solution for those individuals looking to restart their record.

What Is Expunction?

The term “expunction” refers to the removal of information from a criminal record, allowing the individual to deny that the incident ever occurred in the past. Depending on the severity of the incident, Texas law allows individuals to request that information regarding an arrest, charge, or conviction be removed from their permanent record. However, many conviction requests are denied, especially with more severe charges. The following records are eligible for expunction:

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 Posted on September 28,2020 in Criminal Defense

Firearms have always been a point of contention. Many value their right to own and carry a gun while others see this Second Amendment right as a threat to society. There are a number of weapon laws that are fairly well known, like needing a license to carry a gun and avoiding particular locations, such as schools or hospitals, while carrying a weapon. However, there are also weapon laws that you may not know about. Being fully informed on Texas gun legislation is critical not only for gun owners but all Texans. By understanding the ins and outs of these weapon regulations, you can exercise your Second Amendment rights while also abiding by the law. Failure to do so can lead to criminal charges and serious penalties, including significant time behind bars.

1. Prohibited Weapons

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 Posted on September 18,2020 in Criminal Defense

Being convicted of a crime at any age can be a terrifying experience. Not knowing how the court system works or not having a good understanding of the possible consequences of your conviction can make the months of your criminal trial feel like years. For minors, the process can be even more daunting. Your crimes may take you away from your home and family, and in some cases, warrant that you are tried as an adult. The state of Texas allows some juvenile cases to be tried in adult court depending on the details of the charge. No matter the severity of your crime, it is always advisable to work with a reputable criminal defense attorney to be fully informed on the legal process and have a trained defender on your side.

Trying a Juvenile as an Adult

The state of Texas has two separate courts -- juvenile and adult courts. Those who are between the ages of 10 and 17 fall within the juvenile court system. Once minors reach the age of 18, they are no longer eligible to be tried in juvenile court. The age restrictions of these courts, however, are not fully set in stone and those who are 14 years or older may be tried in an adult court if their criminal charge is serious enough to warrant this harsher jurisdiction. Known as a certification or transfer hearing, the Texas juvenile court may waive its right to the minor’s case, transferring the child to stand trial in an adult criminal district court.

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 Posted on September 04,2020 in Criminal Defense

Anyone who has a driver’s license understands how easy it is to break a traffic law. Speeding can quickly become second nature, and running a red light may not seem as serious when you are in a rush. The worst thing about it? The more you break these seemingly minor traffic laws without getting caught, the more likely you are to continue doing it. 

Texas is ranked as one of the top five states for issuing traffic tickets and the state has seen its fair share of violations. According to Safe2Drive, the fastest speeding ticket in the world was issued in Texas in 2003, with a recorded speed of 242 mph. Speeding is one of the most common violations that occur, but it is considered minor in the state of Texas. Depending on the risk that the violation poses on the driver themselves and the other drivers on the road, particular traffic offenses can be considered major and come with severe criminal penalties.

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 Posted on August 31,2020 in Criminal Defense

With every generation comes new vices and different substances that people use to get a buzz or a high. In many cases, old drugs, also known as controlled substances, reach their peak, disappear, then resurge decades later in a new manner. Over the past decade, the legalization of marijuana has come to the forefront of U.S. policy. In many states, this drug has been legalized for both medical and recreational use, and since its height in the 1970s, marijuana has modernized and become accessible through many different platforms. Various other drugs are following this modern evolution, including a drug known as Gamma-hydroxybutyric acid (GHB). Gone are the days where obtaining illegal substances was done through word of mouth and the handing off of a discreet package. Now, such exchanges can be done online, leading to increased market size.

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 Posted on August 21,2020 in DWI

Getting pulled over, arrested, and charged with driving while intoxicated (DWI) may leave you assuming that your charges will lead to a conviction. You likely blew into the breathalyzer, received above a 0.08 percent blood alcohol concentration (BAC) reading, and believe that the prosecutor has an air-tight case against you. While this reading may be enough for some cases, working with a reputable DWI defense attorney can significantly alter the results of your case. Some drivers may presume that this 0.08 BAC means they are automatically guilty and falsely believe that hiring an experienced defense attorney is not worth their time. Regardless of the evidence against you, your criminal defense lawyer’s experience with cases like yours can change your future for the better.

Defense Strategies

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