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Recent Blog Posts
Can I Request a Hearing to Contest a DWI Driver’s License Suspension?
Being arrested on suspicion of drunk driving is a serious matter. Criminal charges for Driving While Intoxicated (DWI) can result in a number of penalties, but even if you are not charged with or convicted of DWI, you could face the suspension of your driver’s license. By understanding when a license suspension will apply, when you can request an administrative hearing, and how you can regain your driving privileges, you can determine your best options in these situations.
Administrative License Revocation (ALR)
When a police officer has probable cause to believe that a person was driving while under the influence of alcohol, drugs, or any other substances that impaired their ability to operate a motor vehicle safely, they may perform an arrest. After taking the person to a police station, the officer will request a sample of their breath or blood, which will be used to determine whether they were legally intoxicated while they were driving. When requesting a breath or blood sample, the officer will provide a warning detailing the consequences the person will face if they refuse to give a sample or if they are over the legal blood alcohol limit.
When Is Deferred Adjudication Available in DWI Cases?
An arrest for drunk or intoxicated driving can lead to multiple serious consequences. A person convicted of driving while intoxicated (DWI) may be sentenced to time in prison, be required to pay thousands of dollars in fines, and their driver’s license may be suspended. Fortunately, options may be available that will allow a person to avoid a conviction, including deferred adjudication. A person who is facing DWI charges can work with a criminal defense attorney to find solutions that will allow them to move forward successfully after a DWI arrest.
What Is Deferred Adjudication?
To avoid being convicted of a DWI offense, deferred adjudication may allow a person to resolve their case and serve a sentence of probation. In these cases, a person will appear before a judge and admit guilt, but they will not be formally convicted of the charges. Instead, they will serve a sentence of community supervision. If they successfully complete the term of probation without being arrested or charged with another offense, their case will be closed without applying punishments such as fines or jail time.
What Are the Penalties for Shoplifting/Retail Theft in Texas?
There are multiple different types of offenses that may be considered theft, and they generally involve the misappropriation of someone else’s property with the intent to deprive that person of ownership of money or physical items. Retail theft, which is commonly known as shoplifting, is one of the most common offenses that fall under this category. Those who have been accused of retail theft will need to understand the exact nature of the charges and the potential penalties they may face if they are convicted.
Misdemeanor or Felony Retail Theft
The Texas Penal Code generally does not distinguish retail theft from other forms of theft, and the charges a person may face will depend on the value of the items that were allegedly stolen. These charges may include:
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Class C misdemeanor - This charge will apply if the value of property stolen is less than $100. A conviction will result in a fine of up to $500.
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.
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