Posted on April 21,2022 in DWI

If you or a loved one were arrested for drunk driving, you need to know all of your rights and options. Driving while intoxicated (DWI) is penalized harshly in Texas. Depending on the nature of the offense and your past criminal history, you could be looking at serious jail time for a DWI conviction. However, a skilled criminal defense lawyer may be able to get your DWI charges reduced or dismissed if he or she can prove that the breath alcohol test you took was unreliable or flawed.

Problems With Breathalyzer Tests in DWI Cases

Breath alcohol tests, sometimes called breathalyzers, measure the amount of alcohol on someone’s breath. This information is used to assess the person’s blood alcohol content (BAC). Essentially, BAC is a measurement of how intoxicated someone is. Having a BAC of 0.08 percent or more is considered “per se intoxication.” In other words, if your BAC is above this limit, you are automatically considered to be intoxicated according to the law.

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 Posted on April 13,2022 in Juvenile Law

If you are a parent, you know how hard it can be to raise children. Despite all of your efforts, your child may make mistakes that land him or her in legal trouble. Some teens and young adults end up in the back of a police car because they make poor decisions. Others simply get mixed up with the wrong crowd or are accused of something they did not actually do.

Whatever your child’s situation, you may understandably be anxious and unsure of how to handle the situation. Read on to learn three tips for parents whose children have been arrested for a criminal offense in Texas.

Remember That Your Child Has Rights

Just like adults, children and teens who are arrested have certain rights protected by the U.S. Constitution and other legislation. Your child has the right to remain silent and avoid self-incrimination. Your child also has a right to an attorney. The best advice you can give your child if he or she has been arrested is to say nothing to the police and wait for his or her lawyer to arrive.

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 Posted on March 24,2022 in Criminal Defense

If you have looked up the potential sentences for the crime you have been or may be charged with, you probably noticed that there is a range. For example, the statutory sentence for a given crime might be “2 to 6 years imprisonment,” or “not more than one year in jail and/or a fine of no greater than $5,000.” This is because no two crimes are alike. Even if two people are charged with the exact same offense, there is still the likelihood that the circumstances of one crime are more serious than the other. One person convicted of assault may have caused greater harm to the victim, for example. Judges have quite a bit of discretion in Texas sentencing. Even if you believe that a conviction is inevitable, there is still a lot a lawyer can do to help you during sentencing.

What Kinds of Factors Suggest that Lighter Sentencing is Appropriate?

Circumstances that make a crime less serious than the charge a defendant is convicted of suggests are called “mitigating factors.” If there are a lot of mitigating factors present, the court will likely opt for a sentence that is at the lower end of the statutory sentencing range. Mitigating factors could be the difference between jail time and probation. These factors include:

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 Posted on March 18,2022 in Criminal Defense

Assault charges in Texas are divided up into different offense levels, from Class C misdemeanors to first-degree felonies. The general definition of an assault under our state’s law is injuring or threatening to injure another person or making provocative or offensive contact with another person. From there, there can be facts and circumstances that make the offense of assault more serious, or less serious. The exact type of assault you are charged with can depend on any number of things. If you are facing any type of assault charge, it is important that you take the situation very seriously. Having even a less serious misdemeanor assault on your record can close doors. Your first step is contacting a good criminal defense lawyer.

What Are the Types of Misdemeanor Assault?

Misdemeanor assault charges are typically brought when the victim had only very minor injuries or no injuries. Common levels of misdemeanor assault charges include:

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 Posted on March 11,2022 in Criminal Defense

A conviction for drug possession carries some very negative stereotypes. Even if it is not true, you could be labeled an addict or habitual user. You could have trouble finding rental housing because landlords are reluctant to rent to people they suspect may use or keep drugs in the property. Even if you are only charged with a misdemeanor, a drug conviction could have a serious impact on your life. Fortunately, there are a number of strategies an attorney may be able to use to help you avoid a conviction. If you are facing drug possession charges, it is important to speak to a qualified attorney right away.

What Are Some Defenses Used in Drug Possession Cases?

Just because there were illegal drugs in your vicinity does not necessarily mean that a possession conviction is a sure thing. Some defense strategies your lawyer may use include:

• Illegal search - The Fourth Amendment to the U.S. Constitution bans unlawful searches. Any evidence found during an unlawful search cannot be used against you in court. Your lawyer will evaluate the circumstances under which you were found with drugs in your possession to determine whether the police had a legal right to search you.

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 Posted on February 24,2022 in DWI

Police officers can sometimes be their own worst enemies when it comes to securing DWI convictions. If they follow the legal procedures as well as their own department’s procedures, it can be difficult to overcome a DWI charge. However, this does not always happen. An error at any point, from when they first spot a suspected intoxicated driver through booking can open the door for a strong legal defense. This is why experienced DWI attorneys begin each case by looking for any mistakes made by law enforcement during the process that could make the case more difficult for the prosecution to prove. If you are facing DWI charges, your best bet is to work with a skilled DWI attorney who is familiar with all the procedures that must be followed during a DWI stop and arrest.

What Types of Errors Can Interfere With a DWI Prosecution?

The most important errors that frequently occur in DWI cases tend to either relate to sobriety testing, or a suspect’s constitutional rights. They include:

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 Posted on February 16,2022 in Juvenile Law

Finding out that your minor child has been arrested can be terrifying. You may be worried not only about having your child locked up in a juvenile detention center, but also about how this will affect their future. Colleges and trade schools, as well as employers, may consider a person’s juvenile record. No matter which path your child plans to take after high school, a juvenile conviction could get in the way. You should also know that if your child was at least 14 years old at the time of their alleged offense, there is a risk that they could be tried and sentenced as an adult.

Texas does have a program called “deferred prosecution.” This program could provide a way to have the charges ultimately dismissed. There are steps an attorney can take to try to help your child get into this program.

How Does Deferred Prosecution Work?

In general, deferred prosecution allows juvenile offenders to have their charges dismissed after successfully completing probation. It is typically only available to first-time juvenile respondents. When an alleged juvenile offender is accepted into this program, the prosecution against them is paused. The juvenile is not required to enter a guilty plea to be accepted for deferred prosecution, which could protect them later. Should your child successfully complete their period of probation, the charge is dismissed.

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 Posted on February 11,2022 in Criminal Defense

You probably do not want to go to either jail or prison. These punitive facilities are intentionally designed to be unpleasant, to say the least. If you have already been arrested and charged with a crime, then you are probably familiar with jail. Prisons, on the other hand, are exclusively for those who have already been convicted of felonies. Your best bet is to do everything you can to avoid landing in prison, starting with finding an experienced criminal defense attorney.

What Are Jails Used For?

Jail is where arrestees are taken and held until they are able to bond out - if they are able to bond out. Generally, people are taken to local city jails, frequently attached to a police station, right after arrest. City jails are generally designed to hold arrestees for very short periods of time - usually, over the weekend until they can see a judge on Monday at most.

However, those who are unable to bond out may be sent to a county jail, which is larger and better equipped to keep inmates for somewhat longer periods of time. There are instances where people have sat in a county jail for years on end waiting to be tried. Quite a few jail inmates have yet to be convicted of any crime and are supposed to be presumed innocent.

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 Posted on January 28,2022 in Criminal Defense

Sex crimes are widely regarded as some of the worst. No other type of offense leaves you with the same kind of stigma or results in the same kind of potentially lifelong restrictions. Sex offenders are likely to struggle with the consequences of their convictions for the rest of their lives. Depending on the level of the offense, you may be subjected to embarrassing notification requirements or barred from living in certain places. The impact of being registered as a sex offender on your life can be intense.

If you are facing sex crime charges, the importance of finding an aggressive attorney and building the best possible defense cannot be understated. Prison time is just the beginning of the consequences should you be convicted.

5 Facts Sex Crime Defendants Should Be Aware Of

If you are facing felony sex crime charges, there is a lot at stake. Your entire future is in jeopardy. It is important that you know:

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 Posted on January 21,2022 in Criminal Defense

Being charged with a felony is scary. There is a lot more at stake in felony prosecutions - you could go to prison for more than a year, and the social repercussions of a felony conviction can be lifelong. Having a felony on your record can exclude you from educational and career opportunities, and even make it difficult to find housing. Some felonies are fortunately relatively rare, but others are much more common than you may realize.

If you are facing one of these felony charges, rest assured that you are not alone. Seeking out a well-qualified criminal defense attorney would be a wise move. In some cases, felony charges can be reduced to misdemeanors when the case is carefully handled.

Which Felonies Are Most Commonly Prosecuted in Texas?

While a misdemeanor record can certainly cause some problems, a felony conviction will have a serious impact on your life. Some people, after being arrested, are surprised to learn that they have been charged with a felony over what they believed was a relatively non-serious offense. Common felonies Texans are charged with include:

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