Posted on June 16, 2023 in Criminal Defense

Drunk driving is a serious crime, but the specific penalties for driving while intoxicated (DWI) can vary depending on the circumstances of a case. Some of the most serious cases will involve accidents that caused harm to others. If a person is charged with DWI in a situation where they allegedly caused an accident that resulted in someone's serious injury or death, they may face charges of intoxication assault or intoxication manslaughter. Felony charges will usually apply in these situations, and a conviction can result in a prison sentence of multiple years and up to $10,000 in fines, as well as other consequences that can affect a person for the rest of their life. By understanding the specific charges involved in these cases and working with a criminal defense attorney, those who are arrested for DWI can determine how to respond against the charges and how to defend against a conviction.

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 Posted on June 02, 2023 in Criminal Defense

Terrorism is a significant concern in the United States, and law enforcement officials need to be able to respond promptly to any threats to public safety. However, people may not realize that the offense of "terroristic threat" that may apply in certain types of criminal cases in Texas is not limited to acts of terrorism. This offense may be charged in multiple situations where a person makes threats against someone else or acts in a disruptive manner. By understanding the situations where these charges may apply, those who have been accused of these crimes can determine their options for defense.

Terroristic Threat vs. Assault

In some cases, the charge of terroristic threat may apply in situations that people often associate with assault. Under Texas law, assault charges involve the intentional infliction of injuries, but terroristic threat charges may involve threats to commit violence that cause a person to fear that they are in imminent danger of suffering a serious bodily injury. The minimum charge for this offense is a Class B misdemeanor, which carries a maximum sentence of six months in jail and a fine of up to $2,000. If terroristic threats are made against a family member or constitute family violence, a person may be charged with a Class A misdemeanor, and if they are convicted, they may be sentenced to up to one year in jail and fined up to $4,000. Class A misdemeanor charges will also apply if terroristic threats are made against a public servant, and threats against a police officer or judge may result in state jail felony charges. A conviction for a state jail felony may result in a six-month to two-year jail sentence and a maximum $10,000 fine.

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 Posted on May 16, 2023 in Criminal Defense

The general category of property crimes includes offenses that involve damaging, tampering with, or stealing another person's property. While theft is one of the most common property crimes, there are other related crimes that may be charged in addition to or instead of theft. It is important for criminal defendants who have been accused of property crimes to understand the Texas laws that may apply to them, including the specific offenses they are being charged with and the potential penalties of a conviction. If you are in this situation, a criminal defense attorney can help you understand your options and provide effective representation as you defend against property crime charges.

Offenses Against Property in Texas

While many property crimes will involve stealing property or otherwise depriving the owner of the right to own and possess property that is rightfully theirs, some offenses may involve damage to property or entering property illegally. Some common charges that may apply in these situations include:

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 Posted on May 01, 2023 in Criminal Defense

Texas has strict laws when it comes to underage drinking and driving. Underage drinking is a serious issue in Texas and many other states, and a number of accidents, injuries, and deaths occur every year when minors or others attempt to drive while they are intoxicated. Because of this, Texas law enforcement is cracking down on underage drinking, enforcing strict laws and imposing severe penalties on minors who drink and drive. For those who are under the age of 21, it is important to understand the potential penalties of a DUI or DWI arrest.

Driving Under the Influence of Alcohol by a Minor

In Texas, as in many other states, the Driving While Intoxicated legal limit for blood alcohol content (BAC) is 0.08 percent. However, for minors, Texas has a zero-tolerance policy regarding drinking and driving. This means that a driver who is under the age of 21 and is found to have any trace of alcohol in their system can be charged with DUI.  An adult can be charged only with DWI, but a minor could be charged with DUI or DWI, depending on the level of intoxication.

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 Posted on April 17, 2023 in Criminal Defense

Texas law is very strict when it comes to drug offenses, and marijuana is no exception. Even though this substance has been legalized in several other states, and it is generally considered to be no more harmful than alcohol, it continues to be treated as an illegal controlled substance in the Lone Star State. Residents of Texas could potentially face charges related to both marijuana and products containing THC. While possession of these substances can result in significant penalties, the consequences of a conviction for delivery of marijuana or THC products can be even more severe. If you have been arrested or charged with distributing marijuana products in Texas, you could be facing jail time, fines, and a criminal record that can follow you for years.

Criminal Charges for Marijuana Delivery

Under the Texas Controlled Substances Act, the offense of "delivery of marihuana" involves knowingly and intentionally transferring marijuana to someone else, including by selling the drug or giving it to others. The minimum charge, which will apply when in cases involving delivery of 1/4 of an ounce or less without receiving anything in return, is a Class B misdemeanor. A conviction can result in a sentence of up to six months in jail and a maximum fine of $2,000.

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 Posted on April 03, 2023 in Criminal Defense

There are a variety of offenses that can result in criminal charges in Texas, and some of the most common cases involve accusations of theft. While some cases, such as those in which a person is accused of shoplifting, may seem to be minor, any criminal charge should be taken seriously, since a person may face severe fines, imprisonment, and a tarnished record. As a person accused of theft, your future, your career, and your personal life could all be at stake. Depending on the value of the goods or services that were allegedly stolen, Texas law may classify theft and shoplifting charges as felonies.

Felony Theft Charges

In Texas, criminal offenses may be classified as misdemeanors or felonies. A misdemeanor is considered to be a less serious crime that is punishable by up to one year of imprisonment, while a felony is a serious crime that is typically punishable by more than two years in prison. Texas law defines theft as the appropriation of someone else’s money or property without their consent and with the intent of depriving the owner of the ability to possess and use property that is rightfully theirs.

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 Posted on March 15, 2023 in Criminal Defense

While each case is different, most DWI arrests follow a predictable pattern: The driver sees red and blue flashing lights in his or her rearview mirror and pulls to the side of the road. Police request his or her license and insurance and ask a series of questions. Usually, one of these questions is, "Have you been drinking?"

If the driver answers affirmatively or the police officer suspects that the driver has consumed alcohol, the officer conducts a Driving While Intoxicated investigation.   If the driver is arrested for driving while intoxicated (DWI) the driver will be asked to provide a sample of breath or blood.  

Many people who have failed a breath test have questions about what happens next. They wonder whether they will automatically be convicted of DWI or if there is any way to fight the charge.

Fighting a DWI Charge with a Failed Breath Alcohol Test

There are two main categories of breath alcohol tests used in Texas. The portable breath test carried by police officers for traffic stops is a preliminary breath test. The portable breath test establishes probable cause for a DWI arrest. Once the driver is taken to the police station, they are requested to take the “official” breath test.  The results of the test at the station can be used as evidence in court.

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 Posted on March 01, 2023 in Criminal Defense

Many states have legalized or decriminalized the use of marijuana or cannabis. However, possession, sale, and cultivation of marijuana remain illegal in Texas - save for specific medical exceptions. It is also strictly against Texas law to drive while under the influence of cannabis.

Driving after smoking or otherwise consuming a marijuana product can lead to charges for driving while intoxicated (DWI). If an individual has cannabis inside the vehicle, he or she can face additional charges for drug possession.

If you or someone you care about has been charged with DWI involving marijuana or another marijuana-related offense, do not make the mistake of underestimating the seriousness of the situation. These offenses can lead to jail time, steep fees, and irreparable damage to your personal and professional reputation. Contact a criminal defense lawyer for help defending yourself against the charges.

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 Posted on February 15, 2023 in Criminal Defense

When people think of criminal offenses related to drug possession, they often only consider one type of possession: active possession. But there is another type of drug possession that you should be aware of called constructive possession. Understanding the differences between active and constructive drug possession can help you understand your legal rights in the event that you are charged with a drug crime. In this blog, we will take a closer look at active and constructive drug possession in the context of a drug possession case.

What Is Active Drug Possession?

Active drug possession means that an individual has physical control over or immediate access to a drug or controlled substance. It is considered the most common form of drug possession. For example, if the police search your backpack and find drugs in the side pocket, you would likely be charged with active possession because you had physical control over those drugs.

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 Posted on February 01, 2023 in Criminal Defense

In recent years, there has been a great deal of public debate about the power and authority given to police officers in various situations. Among these concerns is the issue of conducting a search for controlled substances and illicit drugs.

The Fourth Amendment to the United States Constitution promises American citizens the right to be free from “unreasonable searches and seizures” of their homes, papers, effects, and persons. The same amendment also specifies that all warrants must be based on probable cause, and they must describe in detail “the place to be searched and the persons or things to be seized.” If you are facing charges based on evidence found during an illegal or unreasonable search, an experienced criminal defense attorney may be able to get the case against you dismissed.

Consent Supersedes Everything Else

Most people will never have the police come to their house wanting to conduct a search. It is much more common, however, for such a situation to develop during a traffic stop. If you have been stopped by the police, and the officer wants to search your vehicle, they will almost certainly start by asking for your permission. If the officer obtains your clear consent, the search becomes lawful, and you will no longer have the option of challenging the evidence on the basis of an unlawful search.

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