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Recent Blog Posts
Are Brass Knuckles Illegal in Texas?
UPDATED July 18, 2019
Possession of Brass Knuckles will be legal on September 1, 2019
For years, the Texas penal codes prohibited possession of “brass knuckles” (including plastic self-defense keyrings often shaped like animal heads) and classified the offense as a Class A Misdemeanor. That meant people in possession of brass knuckles faced up to one year in jail and a maximum fine of $4,000. But many people argued that in a state that allows open carry of firearms and other weapons, that punishing brass knuckles seemed disproportionate.
After the bill allowing the possession of brass knuckles was carried unanimously in the state House of Representatives and state Senate, Governor Greg Abbott signed HB 446 into law this May. Republicans and Democrats reached across the aisle to make the bill a reality, citing the importance of self-defense and personal protection and the history of Texas encouraging this freedom.
HB 446 did not stop at legalizing brass knuckles, however. The bill also makes tomahawks, nightsticks, maces, and blackjacks legal to carry in the state. The law goes into effect on September 1, 2019.
THC Limits Not Correlating With Driving Impairment
Roadside oral indicator tests are commonly used across North America and around the world to determine whether someone has drugs in their system, but what do they really show?
When you’re pulled over driving your vehicle and the police officer or trooper thinks you may be under the influence, a breath analyzer test could be used in conjunction with sobriety tests to determine what level of alcohol you have present in your system and whether or not you have an impaired ability to drive. As the legalization of both medical marijuana and recreational marijuana continues across North America, more and more law enforcement agencies are looking at ways to combat drug driving or drivers driving their vehicles under the influence of marijuana. However, detecting drugs in someone’s system isn't the problem. It’s determining whether the levels of drugs in someone’s system have impaired their ability to operate a motor vehicle. Roadside saliva tests don’t tell you how much of a particular drug you have in your system, how high you are, whether you’re impaired or how impaired you may be. They are just an indication that drugs are present at some level in your system.
How Much Are Bail Bonds in Texas?
A New Proposed Bail Law in Texas
In recent years, the bail process in Texas has faced increased scrutiny. Critics call the way Texas judges decide bail amounts arbitrary and say it puts a higher burden on poorer defendants, who are often unable to “bail out” of jail during the duration their criminal case.
The Current Bail Bond Law in Texas
In Texas, as with most other states, bail is a way of ensuring defendants will return back to court for hearings after being charged with a crime. Instead of keeping a defendant in jail until their case is resolved, they may pay money to the court (a “bond”) as a promise to return for future court proceedings. If the defendant fails to appear for future hearings, they forfeit the money to the court. In Texas, all crimes except for capital murder are considered eligible for setting bail, though the judge has discretion as to the amount to be set for the case.
How is the Proposed Bail Bond Law Different?
Dallas DA Vows to End Prosecution for Misdemeanor Theft
In an effort to end increasing incarceration of “minor” offenses, the Dallas County District Attorney’s Office announced this week that they will reform office policies to end prosecution of certain crimes ( Dallas News). Perhaps the most progressive of these reforms include declining to prosecute future theft of personal items under $750 unless the theft was for financial gain. Thefts of items such as diapers or food considered to be essential are some of the crimes that will fall under this new proposition, but stealing nonessential items or theft for the purpose of resale, for example, would still face prosecution.
In Tarrant County, however, theft of items over $100 up to $750 are still prosecuted as a Class B Misdemeanor. Class B Misdemeanors can be punished by up to 180 days in jail, a $2,000 fine, or both. For theft under $100, usually, only a citation will be issued unless the accused has a prior history of theft charges.
Common Marijuana Terms and Definitions
If you’re curious to learn more about cannabis and some of the common marijuana terms, then keep reading while we give you a rundown of some of the more mainstream cannabis related definitions!
Marijuana or cannabis. Whatever you call it, there are some common terms and definitions that everyone should know. While some terms are more common regions or states, we’ll check out some of the more mainstream marijuana definitions.
- Bong or Bubbler – A marijuana pipe which contains water that filters the marijuana smoke and cools it before being inhaled.
- Bud or Buds – This is the flowering part of the cannabis plant. This is the part of the cannabis plant which most cannabis users utilize.
- CBD or Cannabidiol – CBD (cannabidiol) is one of the two main cannabinoids which are found in the cannabis plant. CBD is found in both the marijuana plant and also the hemp plant. CBD has no psychoactive properties, won’t get you high and is currently being used in several medicinal products across the country.
Have You Been Arrested for Driving While Intoxicated?
Being arrested for DWI can be very confusing because not only do you have to worry about the criminal charge, but you must also be concerned about the license suspension from the Department of Public Safety. When arrested for DWI, the officer will request a specimen of breath or blood by reading to you the statutory warning form (DIC 24). The officer is also required to provide you a copy of the statutory warning to follow along with while the officer is reading it to you. The statutory warning advises you that you are under arrest for an offense arising out of acts alleged to have been committed while you were operating a motor vehicle in a public place and you will be asked to provide a specimen. The form then goes on to inform you of the possible consequences of providing a sample.
Providing a Sample for Suspected DWI
- If you refuse to provide a specimen, your refusal may be used against you and your license may be suspended for not less than 180 days. This may occur even if you are not prosecuted for DWI.
From the Headlines - In This Undercover Operation, It Was the Booze Police Who Got Stung
I always tell everyone to assume they are being videotaped at all times! Here is an interesting article about a Texas Alcoholic Beverage Commission (TABC) sting. In this instance, it was the TABC agent who was on the receiving end of the sting. A good criminal defense attorney was able to use video evidence to prove his client's innocence. Additionally, he was able to show that the sting was carried out in such a way that the TABC agent could be charged with giving alcohol to a minor. The bartender knew the law and did the right thing. It goes to show that you never know who is watching.
"In this undercover operation, it was the booze police who got stung" - Houston Chronicle
If you need an excellent criminal defense attorney to defend you, call attorney Craig Dameron in Fort Worth, TX at 817-222-0624.
Will Texas Legalize Marijuana This Legislative Term?
Will Texas legalize marijuana this legislative term? Will CBD oils be legalized? What about products containing THC?
Legalization may be getting closer, but until the legislature acts, marijuana and related substances are illegal. If you would like for the Marijuana/CBD/THC laws to change, you need to contact your state representatives. Below is a link to Texas Normal, who are tracking the pending marijuana legislation.
Expunction or Non-Disclosure of DWI
Start 2019 off with a clean record!
If you have a criminal record, call Attorney Craig Dameron to find out if you are eligible for an Expunction or Non-Disclosure! Fort Worth Attorney Craig Dameron advises not to wait to clean your record, do it immediately. Individuals with a DWI on their record now may be able to file a Petition for Non-Disclosure. The Texas Legislature changed the law and a summary is listed below.
HB 3016 – Considered a “Second Chances” Bill
The bill would allow a person convicted of driving while intoxicated (DWI) with a blood-alcohol concentration of less than 0.15 to petition for an order of nondisclosure of criminal history related to the offense.
This person could petition for the order only if the person:
- Has never been convicted of or placed on deferred adjudication community supervision for another offense, other than a fine-only traffic offense;
Marijuana and Texas: What You Need To Know
Marijuana and Texas: What You Need To Know
Marijuana, marihuana, cannabis, and Mary Jane: it’s all the same when you are caught with the green leafy stuff. Getting caught with marijuana is against both State and Federal law. What does this mean for you? In Texas, the seriousness of the charge will depend on how much marijuana that an officer finds in your possession. This is what the Texas Criminal Code says:
A person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.
(1) Class C misdemeanors are reserved for Drug Paraphernalia charges. Under Texas Health and Safety Code section 481.002(17), drug paraphernalia is defined as any equipment, product, or material that is used or intended to be used for the purpose of planting, cultivating, manufacturing, producing, processing, testing, packaging, storing, or concealing a controlled substance. This is a pretty broad definition and gives officers a lot of leeway when it comes to issuing these up to $500 citations.
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