Posted on January 21,2020 in Criminal Defense

Few people have a spotless record in the eyes of the law. Maybe you received a traffic ticket when you were first learning to drive, or you were caught with alcohol before turning 21. Teenagers often make decisions before considering the legal consequences that may follow. Not only can these “bad choices” lead to large fines or jail time, but they can also remain on your record as you try to move on from your past mistakes. In Texas, those with a criminal record can sometimes have the charges removed or expunged. Although many people may not seek out this option until they are an adult looking for a job, minors should consider expunction to give themselves a better chance of clearing their record at an earlier age. 

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 Posted on January 14,2020 in Juvenile Law

College is an exciting and new time for young adults who are just getting started with their higher education. Since many students attend college right after they graduate high school, some students are still minors. For many, this is the first time that they have lived without a parent, making it easy for them to get into trouble with their newfound freedom. Whether a minor or not, making a legal mistake in college can affect a person's future at the school itself as well as the professional opportunities available to them in the future. Many students do not recognize the severity of their actions until after they have been caught, making an experienced criminal defense attorney crucial for avoiding a conviction and allowing them to continue on with their academic career.

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 Posted on December 26,2019 in DWI

It is not uncommon for drivers to get behind the wheel after having a few drinks, especially around the holidays. Rather than paying for a rideshare and leaving their car behind to be safe, individuals will often assume that their senses are not altered to the extent that restricts their ability to drive. The truth is that even when you think you are capable of driving, you may be over the legal limit. With the blood alcohol concentration (BAC) limit being 0.08 percent for Texans, even a couple of drinks can cause you to be legally intoxicated. If you see red and blue flashing lights in the rearview mirror after drinking any amount of alcohol, you could face DWI charges.

Do I have to Take a Breathalyzer Test?

Being pulled over by a police officer can be an anxiety-provoking experience. After stopping on the side of the road and waiting for the officer to come to your window, you will likely wonder how you should handle the situation. One thing to note is that in Texas, all drivers are required to submit to a BAC test if they are arrested on suspicion of DWI. This is known as the implied consent law. Every driver who has a valid Texas driver’s license agrees to give a blood or breath sample upon arrest.

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 Posted on December 16,2019 in Criminal Defense

Shoplifting is a common crime that occurs in many retail businesses. For both large corporations like Walmart and mom-and-pop shops, stores want to make sure the patrons coming through their doors are abiding by the law. In an attempt to reduce the number of items taken from shelves without paying, some stores have their employees check receipts before customers exit the premises. This may be helpful to catch the few individuals attempting to shoplift, but what about the majority of other loyal customers who waited in line at the register? Should they be subject to this routine interruption?

Shopkeeper’s Privilege in Texas

Many large corporations have receipt-checkers placed at all of their exits to act as an additional level of protection against shoplifters. Walmart, Costco, and Sam’s Club have some of the largest stores in the country and also make the most use of these “security checks.” However, their presence can sometimes be frustrating and insulting to customers. After standing in a long line for the past 30 minutes, it can feel unfair to have to take the time for another employee to scan your cart. It may seem as if these employees have no power, but according to Texas’ Shopkeeper’s Privilege law, refusing to show your receipt could be your first step toward detention.

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 Posted on December 10,2019 in Criminal Defense

Texas is often known as one of the most “open” states in terms of gun laws. This includes a person’s ability to purchase a weapon, the right to carry a concealed weapon, and the use of a weapon for self-defense. Most states have some form of legal protection for those who use a firearm to defend themselves, including Texas. Each state that provides its citizens with this right has different regulations tied to the law. Texas has two separate laws regarding self-defense to ensure that people have a right to protect themselves. It is important to understand what is and is not allowed in Texas to avoid being convicted of serious criminal charges related to murder or manslaughter.

Standing Your Ground in Texas

The “Stand Your Ground” law originated in Florida in 2005. Since then, the majority of the U.S. states have followed suit, passing their own versions of this law meant to protect those who defend themselves. As is evident in the phrasing, this law allows individuals to stand up against an attacker in the face of danger. In Texas, those who plan to use this law as their criminal defense tactic must be able to prove that they were in fear of imminent danger of serious injury or death at the hands of another person. The Stand Your Ground law applies to those protecting themselves or another person in danger.

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 Posted on December 06,2019 in DWI

Holiday parties are in full swing serving your favorite spiked eggnog or toasting the night away with friends and family over many glasses of champagne. Blurred senses and decreased rational thinking usually follow, which unfortunately bring the possibility of an increased number of drunk drivers on the road.

Driving while intoxicated (DWI) and driving under the influence (DUI) are serious offenses that can damage your reputation and criminal record. Although there is never an excuse to drink and drive, here are five myths you need to debunk if you’re ever pulled over while inebriated.

Myth #1: If I don’t blow hard enough in the breathalyzer, it won’t fully read my BAC.

Failing to breathe into a breathalyzer test will only result in an officer asking you to redo the test until an accurate result is recorded. Drivers who unlawfully refuse to take the test face serious consequences. In Texas, the first offense is 180-day license suspension with up to 2 years for a third offense. It’s also important to note that breathalyzers measure the amount of chemical alcohol content in the breath not the amount in your blood. Taking a blood test is an alternate option you could make if you feel you were cheated by a breathalyzer test.

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 Posted on December 05,2019 in Criminal Defense

So you just got pulled over and immediately start to panic as police sirens are blaring and lights are vigorously flashing from the rearview mirror. Were you speeding? Broken tail light? Swerving? As the officer approaches your car, you realize a potential high-price traffic ticket will soon follow. Traffic tickets are overwhelmingly frustrating because many people are unsure of the law when it comes to these incidents. We want you to know exactly how they work and what you need to know if you ever have the displeasure of being in this situation in the state of Texas.

What is Reasonable Suspicion?

Reasonable suspicion is what an officer needs to lawfully institute a traffic stop. While this term may lack a definite explanation, small incidents such as failing to use your blinker or incorrectly changing lanes is enough for an officer of the law to pull you over.

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 Posted on December 04,2019 in Criminal Defense

The year is 2019 and you most likely noticed the letters "CBD" boldly labeled across the front of new shops while driving down the street or your local grocery store handing out free samples of hemp-infused treats branded with Cannabis plants. What is this new wave sweeping across the nation? Cannabis is finally legal in Texas, but it’s not what you think. Times are changing for Texas residents, which is why it’s important to understand the regulations surrounding this new bill and how it can affect your use of the substance.

No, don’t start lighting up anywhere you want.

The new bill that was passed by President Trump, known as the Farm Bill, left Hemp sale and production regulation up to state lawmakers, which encouraged several states to take steps to address the legalization of Cannabis and related products – and it’s the same for Texas. To be clear, it is legal to purchase, distribute, and consume Hemp products, but it is still very much illegal to consume Marijuana.

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 Posted on November 27,2019 in Criminal Defense

Being convicted of family violence charges is a serious crime, especially if children are involved. Domestic violence can come in many forms, including physical, sexual, and emotional abuse. Many victims will file an order of protection to distance themselves from their abuser before seeking domestic violence charges. Some people who file for orders of protection feel the need to take legal measures to feel safe, whether abuse occurred or not. Orders of protection are not difficult to obtain, and if one is filed against you, it is crucial to know the rules and regulations behind the court order to avoid facing serious criminal consequences.

Who Can File For an Order of Protection?

Orders of protection, commonly known as restraining orders, are set in place by the court to protect the petitioner from someone who has been violent toward him or her or has threatened violence. This is a common security measure taken by those who have been victims of sexual abuse. All of the following must be true to file for an order of protection:

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 Posted on November 22,2019 in Personal Injury

A commercial motor vehicle (CMV) is any vehicle used to transport goods or passengers for profit. CMVs can include pickup trucks, box trucks, semi-trucks, vans, buses, taxis, and trailers. Like any other workplace, drivers of CMVs have certain safety standards to uphold. The Department of Transportation (DOT) is in charge of these inspections to ensure that all drivers are safe, whether they are the ones in the truck or another vehicle on the road. Commercial motor vehicles over 10,000 pounds are strictly regulated by DOT due to their massive size and the potential danger they can pose to other drivers. In some cases, trucking companies are responsible for performing these inspections, while in others, the DOT can inspect the vehicles themselves. A commercial motor vehicle accident can result in serious or fatal injuries. 

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