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DO I HAVE TO GO TO TRIAL IN TEXAS? |
Recent Blog Posts
How Do Police Find Drunk Motorcycle Riders in Texas?
Motorcyclists are watched carefully by police, particularly when it comes to driving while intoxicated (DWI). Because motorcycles require greater balance and coordination than four-wheeled vehicles, alcohol impairment can be especially dangerous — and more noticeable to police officers trained to spot intoxicated riders.
The National Highway Traffic Safety Administration (NHTSA) has developed a set of behavioral cues to help officers determine when a motorcyclist may be under the influence, but these cues are not foolproof. If you have been stopped and accused of a motorcycle DWI in Texas, it is essential to understand the signs officers look for and how a strong legal defense from a qualified Texas motorcycle DWI defense lawyer can challenge their conclusions.
What Signs Do Police Look for When Stopping a Motorcyclist?
Texas police officers rely on training from the NHTSA to identify motorcyclists who may be drunk. The agency has compiled a list of behaviors divided into two categories: "Excellent cues," which suggest a 50 percent or greater chance of impairment, and "good cues," which indicate a 30 to 50 percent likelihood of intoxication.
Understanding the Charge of Assault Causing a Bodily Injury
Assault causing a bodily injury is a serious criminal offense in Texas. It involves intentionally causing physical harm to another person, resulting in harm to that person’s body, even if that harm is not serious.
Getting charged with assault causing bodily injury can land you in major trouble, as being convicted means significant fines and even imprisonment. If you are facing criminal charges, contact a Texas criminal defense lawyer to fight for your rights and seek a positive outcome in your case.
What Is Considered "Bodily Injury" Under Texas Law?
Under Texas law, "bodily injury" is defined as any physical pain, illness, or impairment of physical condition. This means that even minor injuries, such as bruises, cuts, or soreness, can qualify as bodily injury under the law.
Criminally Negligent Homicide vs. Intoxication Manslaughter
When someone’s actions result in the death of another person, Texas law classifies the offense based on intent, recklessness, and circumstances. Two charges that often get confused are criminally negligent homicide and intoxication manslaughter. While both involve accidentally killing someone, the acts that fit the crimes and the penalties for the crimes are very different. If you are facing either of these charges, our Texas criminal defense attorneys are here to help.
What Is Criminally Negligent Homicide?
Criminally negligent homicide occurs when a person causes someone else’s death due to criminal negligence. This means the person should have, but did not, recognize a serious and unjustified risk that their actions could cause harm. Put more simply, a reasonable person in the same situation would have known that the same behavior was too risky to be safe. The key factor is negligence — not intent.
Will I Go to Jail if My Kid Eats My Edibles?
Accidentally leaving cannabis edibles within a child's reach is a terrifying mistake — one that can have serious legal and medical consequences. In Texas, marijuana remains illegal, and exposing a child to THC-infused products can lead to criminal charges, including child endangerment.
If your child ate edibles, seek medical attention immediately. THC overdoses in children have led to hospitalization and even death. Your legal concerns matter, but your child’s health comes first. After addressing the medical emergency, you should contact an experienced Texas drug crimes defense attorney to protect your rights. Do not talk to police or Child Protective Services until you have met with a lawyer.
How Serious Is It If a Child Eats THC Edibles?
THC edibles, especially gummies, often look like regular candy. Because children's bodies are smaller and more sensitive to THC, consuming even a small amount can cause:
Can Police Investigate You for a Crime Without Telling You?
The police can investigate you for a crime without telling you. In fact, this happens all the time. Many people think that if they were in trouble, the cops would have to let them know. That is not true. Police do not have to tell you that you are being watched, questioned, or even followed. If you suspect that you are under investigation, you need to be very careful about what you do and say.
If you think the police are looking into you, a Texas criminal defense lawyer can help protect your rights.
Signs That You Might Be Under Police Investigation
Most people do not realize they are under investigation until it is too late and they have been arrested and charged with a crime. Here are some signs that police might be watching you:
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People you know are questioned: If your friends, family, or coworkers tell you that police have been asking about you, that is a big sign you are being investigated.
Signs the Prosecution's Evidence Against You Might Be Weak
If you have been charged with a crime, you may feel pressure to take a plea deal. The prosecutor might make it sound like they have a strong case against you, but that is not always true. In many cases, the evidence is weak, and a skilled Texas defense attorney can challenge it.
Before accepting any plea deal, it is important to understand whether the prosecution’s case has flaws. The criminal defense lawyers at Law Offices of Biederman & Burleson P.L.L.C. know how to spot weak evidence and fight for the best outcome in your case.
The Evidence Against You Is Mostly Hearsay
Hearsay is when someone claims they heard or were told something but did not see it firsthand. In many cases, hearsay is not allowed in court because it is unreliable. If most of the evidence against you comes from secondhand information, the prosecution’s case may not be strong. An experienced defense attorney can argue to have hearsay evidence thrown out.
Types of Witnesses in Criminal Trials
Witness testimony plays a crucial role in criminal trials. Whether testifying for the prosecution or the defense, witnesses provide information that helps the court determine what happened and whether a defendant is guilty.
However, not all witnesses do quite the same thing. Understanding the different types of witnesses in a criminal trial can help defendants and their attorneys build a strong defense. A Texas criminal defense attorney will need to look at your case to determine whether witnesses might support a favorable outcome.
Fact Witnesses
A fact witness is someone who has direct knowledge of the events related to the case. This person may have seen, heard, or experienced something relevant to the crime. Fact witnesses include eyewitnesses, bystanders, and victims. Because fact witnesses are often influenced by stress, personal bias, and their physical point of view of events, they are not always the most reliable witnesses.
Do You Go to Jail for a DWI With a Child in the Car?
Being arrested for driving while intoxicated (DWI) is always a stressful experience, but having your child in the car when it happens adds a whole new level of complexity and seriousness. Texas law takes these cases very seriously, and the consequences of a conviction can be life-altering for both you and your family. If you are facing a charge for DWI with a child passenger, you need to understand what you are up against and seek the help of a Texas DWI defense attorney who has extensive experience in fighting the most serious DWI cases.
What is DWI With a Child Passenger?
In Texas, DWI with a child passenger is a charge that can be brought when someone is arrested for driving while intoxicated and has a child under the age of 15 in the vehicle. This crime is classified as a state jail felony under Texas law, which means it carries harsher penalties than a typical DWI.
What Happens if You Bring Edibles on a Plane?
Traveling with edibles may seem harmless, especially since marijuana laws are changing across the United States. However, if you are caught with edibles at an airport, the consequences can be severe — especially in Texas. Whether you are curious about the risks or you have already been stopped by TSA, you need the help of a Texas criminal defense lawyer to deal with Texas’ harsh drug laws.
Is It Illegal to Bring Edibles on a Plane?
Even in states where marijuana is legal to use recreationally, it is illegal to bring cannabis edibles on a plane. Federal law still classifies weed as a Schedule I controlled substance. The Transportation Security Administration (TSA) operates under federal law, meaning they do not permit cannabis, including edibles, on planes. This applies even if you are flying between two states where marijuana is legal.
Can You Get a Not-Guilty Verdict in a Texas DWI Case?
The plain truth is that most people drink and that many of these people make the decision to get behind the wheel of a car after they have drunk too much to safely drive. But getting pulled over and charged with driving while intoxicated (DWI) does not make someone a bad person; it just means they have made a mistake.
Unfortunately, zealous prosecutors will aggressively go after good people for DWIs when it does not necessarily make sense or when there are better options available. Regardless of the circumstances, the outcome of a DWI case is never set in stone. If you are worried you may be facing a felony, jail time, or a ruined reputation because of a DWI, do not despair. Call our Texas DWI defense attorneys and let us help you.
The Basics of Texas DWIs
In Texas, you can be charged with DWI if your blood alcohol concentration (BAC) is 0.08 percent or higher or if you are found to be impaired by alcohol or drugs while operating a vehicle. Prosecutors must prove their case beyond a reasonable doubt, which means they must have very strong evidence to convict you. Common evidence used in DWI cases includes: