Posted on December 19, 2024 in Attorney Writ Bonds

If you or a loved one has been arrested in Texas, the first thing you probably want to know is how you can get out of jail as quickly as possible. In certain cases, an attorney writ bond can expedite this process. Understanding how an attorney writ bond works, whether you qualify, and how a Texas criminal defense lawyer with Law Offices of Biederman & Burleson P.L.L.C. can help is the first step towards getting out of jail fast. 

What Is an Attorney Writ Bond?

An attorney writ bond is a legal tool to get someone out of jail without waiting to see a magistrate judge. Typically, when someone is arrested, they must wait for a magistrate hearing to have bail set. This process can take hours or even days, depending on the jurisdiction and the timing of the arrest. For example, arrests that happen on a Friday result in a weekend in jail because a magistrate judge will not be in until Monday morning. An attorney writ bond allows an attorney to intervene on the arrested person’s behalf and expedite their release.

Continue Reading ››

 Posted on December 12, 2024 in Criminal Defense

In Texas, a protective order, also known as a restraining order, is a court order aimed at preventing contact between two people, typically in situations involving alleged threats, harassment, or domestic violence. While protective orders can serve to keep people safe, they are fairly easy to get approved and many people use them as a tool to punish someone else. If someone has filed a protective order against you in Texas, it is important to understand your rights and take action to defend yourself. Do not do this alone – one of our experienced, aggressive Collin County, TX criminal defense attorneys can help.

Protective Orders in Texas

A protective order places restrictions on someone, often prohibiting them from contacting the petitioner (the person who applied for the protective order), going near their residence or workplace, or having guns. Violating a protective order can lead to serious consequences, including criminal charges and potential jail time. Protective orders can last anywhere from 20 days (for temporary orders) to up to two years, or even longer in extreme cases.

Continue Reading ››

 Posted on December 04, 2024 in Family Violence

In Texas, domestic violence and domestic battery are closely related but not exactly the same. The term "domestic violence" serves as a broad category that includes various behaviors within a domestic relationship, while "domestic battery" specifically refers to physical contact that causes physical injury. In other words, all domestic battery is domestic violence; not all domestic violence is domestic battery.

Understanding the distinction is important, as the penalties for offenses involving family or household members are often more severe due to special enhancements under Texas law. If you are facing accusations of domestic violence or domestic battery, knowing your rights and the legal implications could make a difference for your future. An experienced Texas criminal defense attorney can help you navigate the complexities of these charges and work to protect your interests.

Continue Reading ››

 Posted on November 26, 2024 in Drug Charges

Recently, three College Station, TX sixth graders were accidentally given THC-laced candy during Halloween. While one of the students tasted the candy and spit it out, the other two ate the THC-laced candy. One of the sixth graders felt ill and went to the school nurse’s office, who realized the candy was not meant for children.

School officials, emergency services, and law enforcement were all notified, although the investigation found that the student who brought the candy to school – and his family – were unaware that it contained THC, as it resembled a bag of the popular candy, Sour Patch Kids. While no criminal charges are pending, if the investigation had revealed the parents were aware of the THC-laced candies, they could have potentially been charged with a criminal offense.

Continue Reading ››

 Posted on November 19, 2024 in DWI

Two drivers will face intoxication charges following a three-car collision that shut down parts of Highway 287 in Fort Worth just a few days ago. Three people were injured in the accident when a Ford Escape hit a temporary construction barrier around 3 a.m. As construction workers were assisting the driver of the Escape, who was allegedly intoxicated, a Chevrolet Malibu collided with a construction truck, striking one of the construction workers.

The driver of the Malibu was also allegedly intoxicated. Both drivers and the construction worker were taken to the hospital. The driver of the Malibu could face intoxication assault charges as he injured the construction worker in the crash. The driver of the Escape was arrested and charged with DWI. Across the state of Texas, three people were killed each day in 2023 in alcohol-related crashes.

Continue Reading ››

 Posted on November 12, 2024 in DWI

Men are significantly more likely to drive while intoxicated than women and are involved in four times more drunk driving accidents than women. This is, in part, due to societal expectations, i.e., women who drink to excess face much more disapproval than men. In 2019, 81 percent of those arrested for drunk driving were men, while 19 percent were women. Even though far fewer women are arrested for DWI, many of those who are face unreliable BAC results because of their gender.

Breathalyzer machines are commonly used to determine whether a person will be charged with DWI. Every state except Utah has set a legal blood alcohol concentration limit of 0.08 percent without taking into consideration the variables that can make breathalyzer tests unreliable. A breathalyzer machine must be consistently maintained and calibrated, and the officers who administer the tests must be trained and certified.

Continue Reading ››

 Posted on November 05, 2024 in Criminal Defense

A drowning incident in Odessa, TX, resulted in the death of two one-year-old twins. The caregiver for the twins is believed to have placed the babies in the bathtub, turned on the water, and then left the bathroom to watch television, where she fell asleep for an unknown amount of time. The caregiver is being charged with two counts of Injury to a Child and has a bond of $1 million dollars.

In the state of Texas, while Injury to a Child is under the assault statute, it is always a felony offense. This is contrary to other types of assault, which can be charged as a lesser felony for aggravated assault or as a misdemeanor for simple assault. If you are facing such serious charges, you need the assistance of a Plano, TX criminal defense attorney from Law Offices of Biederman & Burleson P.L.L.C..  

Continue Reading ››

 Posted on October 29, 2024 in DWI

Breathalyzer machines are commonly used by law enforcement to measure a person’s blood alcohol concentration (BAC) if that person is suspected of driving while intoxicated (DWI). While breathalyzer devices are considered the gold standard and are used nationwide, there is significant pushback regarding their reliability and accuracy.

In the state of Texas, the laws surrounding the use of breathalyzers are in the Texas Breath Alcohol Testing Regulations. If you are facing DWI charges, speaking to a Fairview, TX DWI attorney from the Law Offices of Biederman & Burleson P.L.L.C. can be beneficial. Your attorney will know how to find the potential inaccuracies associated with a breathalyzer machine and any other inconsistencies associated with your charges.

The Science of Breathalyzer Machines

A breathalyzer machine measures blood alcohol content, which roughly gauges a person’s intoxication by measuring the percentage of alcohol in the bloodstream. When alcohol is consumed, it is absorbed through the lining of the stomach and finds its way to the blood. Some of the alcohol evaporates, moving into the lungs as the blood passes through the lungs.

Continue Reading ››

 Posted on October 22, 2024 in Criminal Defense

Texas lawmakers recently discussed new ways to combat organized retail theft and cargo theft. Will Johnson, Chief Special Agent for the BNSF Railway Police Department, stated that the escalation of these organized theft crimes threatens the state's economy. Other Texas law enforcement experts describe this trend as a crisis. Law enforcement claims that the state’s current theft laws are entirely inadequate to prosecute and deter the rash of theft crimes across Texas. It is estimated that retailers in the state lost more than $5.9 billion as a result of organized theft crimes.

Houston has the dubious distinction of having the third-most retail crime in the nation, behind Los Angeles and San Francisco. Law enforcement officials are suggesting that lawmakers implement increased penalties, lower the monetary threshold for organized retail theft, and charge it as a felony. If you have been charged with retail theft or organized retail theft, you must take the charges seriously. Speaking to a Prosper, TX retail theft attorney from the Law Offices of Biederman & Burleson P.L.L.C. as quickly as possible is a beneficial step toward protecting your future.

Continue Reading ››

 Posted on October 15, 2024 in Assault

A woman in Plano, TX recently pled guilty to hate crime charges for an incident that occurred in August 2022. Four friends were leaving a restaurant when they heard a 59-year-old woman making racial comments. One of the four friends started recording the incident, while another called the police. The encounter soon turned physical, as the woman physically and verbally assaulted three of the friends while threatening the fourth.

The incident was investigated by the state and the federal government. The woman was convicted on three misdemeanor assault charges, one misdemeanor terrorist threat charge, and four state hate crime charges. The district attorney on the case noted that while misdemeanor assault charges are not rare in the state, a hate crime enhancement for misdemeanor assault charges is relatively rare.

Because the case was resolved with a plea deal, the defendant did not testify, although all four victims gave impact statements. The defendant received a sentence of 40 days in the Collin County Jail for each charge, to be served concurrently, as well as two years of community-supervised probate and a $500 fine for each case.

Continue Reading ››