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Recent Blog Posts
How Does Texas Law Address Underage Drinking and Driving?
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.
What Are the Penalties for Distributing Marijuana Products in Texas?
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
When Is Theft or Shoplifting Charged as a Felony in Texas?
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.
Are You Automatically Convicted of DWI if You Fail a Breathalyzer in Texas?
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
What Happens If Police Catch You Driving While High on Marijuana?
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.
What You Should Know About Active and Constructive Drug Possession in Texas
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.
Can the Police Search My Car for Drugs Anytime They Want?
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
How Do Field Sobriety Tests Affect DWI Cases in Texas?
If a person is pulled over on suspicion of driving while intoxicated (DWI) in the state of Texas, there is a good chance that they will be asked to take field sobriety tests. These tests will involve certain types of physical tasks that are meant to help determine a driver's level of impairment and whether they have been drinking alcohol or have used other substances that have affected their ability to operate a vehicle safely. It is important to understand the role that field sobriety tests will play in a DWI case, including their purpose, their validity, and when they can be refused.
Understanding Field Sobriety Tests
When a police officer pulls a driver over because they believe the person may be intoxicated, they will observe the person and look for a reason to perform an arrest. To establish probable cause, or a strong belief that a person has violated the law, the officer may ask the driver to submit to field sobriety tests. These tests are designed to measure an individual’s physical coordination and their ability to follow instructions.
New Law for 2023 Makes Changes to Texas Protective Order Registry
Every year, the Texas legislature and the federal government pass new laws, and in many cases, these laws go into effect on January 1 of the following year. Keeping abreast of changes to the law is not always easy, but in some cases, it can be important to understand how these changes may affect the lives of regular people. One law that recently went into effect involved the Protective Order Registry of Texas (PROTECT), which is a database of orders of protection that are issued in cases involving domestic violence and some other types of crimes.
What Is the Protective Order Registry of Texas?
In 2019, the Texas legislature passed a bill known as "Monica's Law," which was named after a woman who was murdered by an ex-boyfriend. In this case, the ex-boyfriend had a history of domestic abuse, and he had previously had protective orders issued against him. However, law enforcement officials in the county where the murder occurred did not have access to information about the previous protective orders, and they did not respond appropriately to help prevent violence from occurring.
New Report Reveals Top Crimes Charged in Tarrant County in 2022
Despite what the news would have people believe, crime has been on a downward trend in the United States in recent years. Fewer crimes are being committed, fewer arrests are made by law enforcement, and fewer people are convicted of criminal offenses. However, this does not mean that crime has been completely eradicated or that those who commit crimes will go unpunished. In Tarrant County alone, tens of thousands of people are arrested and charged with crimes each year. Recently, the Tarrant County Criminal District Attorney released a report detailing some statistics related to crimes that were prosecuted over the past year. This report provides an indication of the types of offenses that are most likely to lead to arrests and criminal charges. Those who are facing these or other charges can seek representation from a skilled criminal defense attorney to determine the best approach to take during their cases.
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