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Recent Blog Posts
What Are the Penalties for Possession of Marijuana or THC in Texas?
Over the past decade, the use of marijuana has become more and more acceptable in the United States. For many, this drug is similar to alcohol in that it has enjoyable effects without causing problems for a person’s overall health. In fact, it may even provide health benefits for some, and its use as a medical treatment for mental health issues such as anxiety or physical problems such as chronic pain has become more common. Because of these changing attitudes, several states have either legalized or decriminalized marijuana, and the drug may be available for medical use or even for recreational purposes in many areas. However, the state of Texas still considers marijuana to be an illegal drug, and residents of the state will need to be aware of the potential penalties they could face if they are arrested and charged with possession of marijuana or THC.
Possession of “Marihuana” in Texas
Getting an Occupational Driver’s License in Texas
If your driving privileges have been suspended or revoked due to a conviction on DWI charges or for any other reason, you know how hard it is to manage modern life without being allowed to drive. Public transportation is available in North Texas, but if we are being honest, riding a bus or train is nowhere near as convenient as driving yourself.
There is no excuse for driving on a suspended license, and getting caught doing so will leave you subject to serious criminal penalties. Texas law, however, gives you the option of applying for an occupational license—also called an “essential need” license—so that you can keep up with your life despite your license suspension.
Understanding the Occupational Driver’s License
There are consequences for breaking the law, and sometimes those consequences include the suspension of your driving privileges. However, Texas lawmakers have recognized that it is not necessarily in the public interest to enforce a license suspension if it means that the offender will not be able to work or care for his or her family. With this in mind, the state’s occupational driver’s license program offers a way for the state to balance punitive measures against an offender and the needs of the people who depend on the offender, including his or her employer and family members.
Understand Your Rights When You Have Been Accused of a Crime
When you have been arrested and accused of committing a crime, it can feel like you have no control over your situation. The Texas criminal justice system can be confusing, and the penalties for a conviction can be harsh. While you cannot control most of your situation, you do have certain rights that cannot be violated by the police, prosecutors, or the court. Many of these rights are guaranteed by the United States Constitution to ensure that all citizens are afforded due process of law. If you or a loved one were charged crime, read on to learn about some of the rights that criminal defendants have when facing prosecution.
The Presumption of Innocence and Reasonable Doubt
Being charged with a crime does not mean you are guilty. In the state of Texas, the burden is on the state to prove beyond a reasonable doubt that you committed the crime for which you are being charged. It may surprise you to learn that the presumption of innocence is not a right guaranteed by the Constitution. However, it is explicitly stated in Section 2.01 of the Texas Penal Code, and the idea has been upheld by the United States Supreme Court.
Five Types of Family Violence and the Behaviors That Define Them
Incidents of family violence are responsible for an alarming number of injuries and deaths each year, spanning across all classes and races, regardless of income and education levels. Family violence—also known as domestic violence—usually begins manifesting itself with a pattern of threats, insults, or jealousy, and gradually becomes more frequent and severe over time. The abuser tends to utilize these tactics to essentially isolate, overpower, and control the victim.
What Does Family Violence Look Like?
While the behaviors described above comprise the typical abuse cycle, family violence can look very different from one case to the next. There are multiple kinds of abuse—all of them capable of causing long-term emotional, mental, and physical damage. Here are five general categories of domestic violence and the behaviors that define them:
DUI versus DWI in Texas
While you are probably familiar with the abbreviations DUI and DWI, it is not always apparent that the two have different applications—and they are not necessarily interchangeable under Texas law. When you are using the words in everyday conversation the difference is not likely to be important, as most people understand that they are talking about driving under the influence and driving while intoxicated. However, in the Texas justice system, there are several very important differences between the two.
Age and BAC
The charges of DUI and DWI differentiate by age, mostly. Texas has a zero-tolerance policy for under-aged drinking and driving. Anyone drinking before they reach the age of 21 and then drives may face charges for DUI, regardless of their alcohol level. If the blood alcohol concentration (BAC) is equal to or greater than 0.08%, even those under-aged can face the harsher DWI charges. A driver who is over the legal drinking age of 21 who is legally intoxicated while driving on a public road may be charged with DWI.
3 Types of Assault in Texas
If you have caused physical harm to another person, or even just threatened violence, you may be charged with assault under Texas law. Depending on the severity of the situation, there are three different types of assault you can be arrested and charged with. The three types are assault by contact, assault with bodily injury, and aggravated assault. Charges can range from a simple misdemeanor up to serious felony charges. It is important to have a knowledgeable criminal defense attorney on your side to help you through the process and fight the charges against you.
Defining Assault in The State of Texas
Assault by Contact- An assault by contact charge is filed when a victim is not injured in the incident but is either threatened with violence or is offended by physical contact that has occurred. Assault by contact is charged as a Class C Misdemeanor and a conviction is punishable by a fine as high as $500.
What Steps Do I Follow to Get My License Back After a DWI?
Getting your life back to normal after a driver’s license suspension for driving while intoxicated can be a daunting process. If it was your first DWI or you have received multiple DWIs in the past, the Texas Secretary of State has specific requirements that you must satisfy to get your driver’s license back. Having a knowledgeable attorney to guide you through the process can be instrumental in restoring your driving privileges.
Once your suspension has ended, here are the steps to follow to have your driver’s license reinstated:
- Pay a reinstatement fee – This fee must be paid along with any other expenses you were assessed due to the DWI charge.
- Get a Financial Responsibility Insurance Certificate – This certificate, also known as an SR-22, is required to prove that you have insurance since you may now be considered a high-risk driver.
What Is Delta 8 and Is it Legal In Texas?
The popularity of minor cannabinoids such as Delta-8 THC continues to rise, but what is it, and is it legal in Texas?
Delta-8 THC is a hot topic in Texas right now, with lawmakers, law enforcement, cannabis retailers, and cannabis users all trying to get clarification on whether it's legal or illegal. Unfortunately, it's a huge gray area that has left many people wondering whether they're breaking the law buying or selling Delta-8 THC products.
In the following article, we'll take a closer look at what Delta-8 THC is, where it stands according to law enforcement, and what's been happening both in and out of the courts lately in Texas.
What Is Delta-8 THC?
Delta-8 THC is one of over 100 minor cannabinoids found in both hemp and marijuana plants. We know what you're thinking. We already know about THC. However, Delta-8 THC isn't the same as the major cannabinoid Delta-9 THC that we all know about. Delta-8 THC is found in hemp plants in such small amounts that any Delta-8 THC products are most likely made using Delta-8 THC that was manufactured rather than harvested.
Craig Dameron Voted Top Attorney By 360 West Magazine and Fort Worth Magazine
Attorney Craig Dameron was voted a Top Attorney in Criminal Defense in 2020 by two different publications! Attorney Craig Dameron was selected by 360 West Magazine and recently by Fort Worth Magazine! As an Experienced Criminal Defense Attorney in Fort Worth, Texas it is a great honor to be recognized and voted by your peers as a Top Criminal Defense Attorney. To make the list for each magazine, attorneys in the Fort Worth community vote who they believe are excellent attorneys in the Tarrant County legal community.
Exceptional Criminal Defense
Awards are great but achieving exceptional results for clients is even better! If you or a loved one has been arrested for Driving While Intoxicated, Possession of Marijuana, Theft, or any other criminal charge please call The Dameron Law Firm. If you have been arrested in Tarrant County, you will need an experienced criminal defense attorney in Fort Worth, Texas on your side!
Five Things to Remember if Arrested for DWI
First, a license hearing (separate from the criminal charges) must be requested within 15 days after your arrest to appeal your automatic license suspension. If your license hearing is not requested within 15 days your license will be automatically suspended by the Texas Department of Public Safety.
Second, if your alcohol concentration is alleged to be 0.15 or higher you may be required to have the interlock installed on your vehicle as a condition of bond, even on a first time DWI arrest! If this is a subsequent DWI arrest, the interlock will be a condition of bond. If you do not have a vehicle the court may require you to have the in-home unit. The in-home unit is a portable alcohol monitoring device that requires you blow into it three times a day.
Third, did you know that Texas got rid of driver license surcharges, but now subjects individuals convicted of DWI to a superfine? The superfine amounts are crazy expensive! $3,000 for the first conviction within a 36-month period, $4,500 for a second or subsequent conviction within a 36-month period, and $6,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed.
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