Posted on November 22, 2022 in DWI

A Carrollton police officer was killed while assisting another officer with a driving while intoxicated (DWI) investigation in the westbound lanes of 1905 East President George Bush Turnpike last month. The 82-year-old driver who struck the squad car was pronounced dead at the scene.

While the scene of the crash was a DWI investigation, that was a separate case. However, the accident is a good reminder for all people to be aware that DWI charges in Texas can be enhanced when people are involved in motor vehicle accidents that involve police officers. There are many other reasons that people can face aggravated criminal charges.

Types of Aggravated DWI Charges

DWI is generally a Class B misdemeanor offense, but a person can face Class A misdemeanor charges when they have a breath or blood alcohol concentration (BAC) of 0.15 or more. A DWI committed with a child passenger, meaning a passenger less than 15 years of age, is a state jail felony.

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 Posted on November 14, 2022 in Family Violence

When it comes to domestic violence, shelters in Collin County providing temporary shelter and support services to victims, the Texas Health and Human Services Commission reports that Hope's Door New Beginning Center, Inc. and Texas Muslim Women’s Foundation in Plano are the only two. The state notes that services it offers to survivors of domestic violence include temporary 24-hour shelters, a 24-hour hotline, and legal assistance.

The state of Texas and the prosecutors who work for the state for it take domestic violence offenses seriously and try to get severe punishments imposed against alleged offenders in these cases, so you need to take your case seriously if you are facing allegations of any kind of crime of domestic violence. Prosecutors in these cases often paint alleged offenders in ways that can make them seem more hazardous than they actually are to try and secure convictions. With this in mind, you will want to be sure you have a criminal defense attorney on your side to defend you in court and fight to get charges reduced or dismissed.

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 Posted on October 28, 2022 in DWI

Most adults take prescription medications from time to time. Whether a person takes antibiotics for an infection, pain medicine for a sports injury, psychiatric medicine for a mental illness, or another type of medication, it is important to know how prescription medication can lead to DWI charges.

If you or a loved one were charged with DWI for driving while taking prescription medication, it is essential to seek legal assistance as soon as possible. A DWI lawyer in your area can review your case and help you determine the best course of action.

People Taking Legal, Prescription Medication Can Be Charged With Intoxicated Driving

In Texas, driving while intoxicated does not only refer to driving under the influence of alcohol. The Texas penal code states that "intoxicated" is defined as not having normal use of physical or mental facilities because of:

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 Posted on October 21, 2022 in Criminal Defense

When someone is arrested, they are read a series of rights called "Miranda Rights." These rights include the right to remain silent and the right to an attorney. If you are like many people, you probably know that individuals accused of criminal acts have the right to speak with an attorney and to have an attorney represent them at trial. However, you may be unsure of exactly what a criminal defense lawyer does and how having a lawyer can help someone accused of a crime.

If you or a loved one were charged with drunk driving, assault, drug possession, theft, homicide, or another criminal offense, a lawyer can provide the guidance and legal representation you need.

Key Responsibilities of a Criminal Defense Lawyer 

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 Posted on October 14, 2022 in Drug Charges

In Texas, possession of marijuana, cannabis, or THC edibles is still illegal. Texans can face significant consequences, including incarceration, for possession, distribution, or cultivation of marijuana. Tetrahydrocannabinol (THC) is the substance found in marijuana that causes the psychoactive effects of the drug. Some people extract THC and mix it into foods such as cookies or brownies. Serving a pan of so-called "pot brownies" at a party may seem harmless. However,  in Texas, it is a crime that can result in life-changing consequences.

Texas Laws Regarding Foods Containing THC 

THC concentrate or resin is treated differently under Texas law than marijuana flower. The Texas Controlled Substances Act classifies THC products to be in penalty group two. While possession of less than four ounces of marijuana flower is a misdemeanor offense in Texas, possession of even a very small amount of THC concentrate is a felony offense. 

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 Posted on October 07, 2022 in Criminal Defense

Fortunately, Americans have important rights protected by the U.S. Constitution. One of these rights is the right to be free from unjustified searches of their personal property. In many cases, police or other government officials must get a search warrant before they can search a person’s property. However, there are also situations in which a search warrant is not required. It is important for every Texan to know their rights and understand when police have the right to search their home, vehicle, or personal property. This is especially true if you are facing criminal charges.

When Do Police Need a Search Warrant to Search Someone’s Property?

Police officers generally need a search warrant to search someone’s house, apartment, or other dwelling place. There are a few exceptions to this rule, however. Police can search your home without a warrant if you or someone else who lives there gives them permission to search. Police may also be able to conduct a warrantless search if someone is in immediate danger or evidence is being destroyed. Police may also seize evidence in clear view. For example, if you are talking to police on your front porch and they see needles and drugs in your living room, they may have the right to seize these items and place you under arrest for drug possession.

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 Posted on September 26, 2022 in Criminal Defense

Many Texas employers require applicants and employees to take a drug test. Workers are asked to provide a urine sample which is then tested for THC, cocaine, methamphetamine, opiates, and other drugs. Individuals hoping to get or keep their jobs often ask whether cheating on a drug test is illegal. There are products such as synthetic urine and blocking agents on the market that are used to falsify drug test results. Most people assume that job loss is the worst possible outcome of using these products. However, in Texas, it is possible to face criminal charges for falsifying a drug test result. 

What Happens If I Cheat a Drug Test for Work?

Texas is known for having strict drug laws. Marijuana, cannabis, and THC products are still illegal in Texas. Penalties for possession of small amounts of marijuana have been reduced in recent years, but it is still a crime to possess any amount of marijuana in Texas. There are only a few exceptions for the medical use of very low-THC marijuana products. Cultivation and delivery or sale of marijuana are penalized even more harshly. 

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 Posted on September 23, 2022 in Criminal Defense

If they are honest with themselves, most drivers would admit to driving above the speed limit at least once or twice in their lives. Some may also admit that they have shown off their vehicles by revving the engine, accelerating very quickly, racing other vehicles, or squealing the tires. Unfortunately, these seemingly harmless activities can result in very serious penalties if they are done in the wrong place at the wrong time.

Usually, speeding only results in a traffic ticket and a moderate fine. However, drivers who are involved in an accident causing injury or death because of alleged drag racing or flaunting may face felony charges.

Defining Street Racing in Texas

Street racing is a dangerous and illegal activity that has been on the rise in recent years. It often results in high-speed chases with police, accidents, and sometimes even deaths. The Texas Penal Code prohibits:

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 Posted on September 14, 2022 in DWI

Receiving a phone call from a family member who has just been arrested for drunk driving can be shocking and confusing. If you do not have much experience with the criminal justice system, you may be unsure of what to do. You may be overwhelmed with questions like, "Will my loved one go to jail? Can I bail them out? What are the next steps after a DWI charge?"

The first step is to remain calm. It is important to remember that being charged with a DWI does not mean that your loved one is automatically guilty. They are entitled to a fair trial, and it will be up to the prosecutor to prove their guilt beyond a reasonable doubt. There are a few things you can do to help your loved one through this difficult time.

Look Into Getting an Attorney Writ Bond So He or She Can Leave Police Custody

After a Texas DWI arrest, your loved one will likely be taken to the police station for processing. Once they have been processed, they may be eligible for an attorney writ bond. Typically, an arrested person has to wait in police custody until they can see a judge. This can take as long as two or three days. An attorney writ bond can get a DWI defendant out of jail within a matter of hours. You may be able to secure an attorney writ bond for your loved one without even leaving your home.

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 Posted on September 07, 2022 in Criminal Defense

Most people assume that criminal charges can only lead to one of two outcomes: a guilty verdict or an acquittal. However, there is another potential outcome that is even more preferable than being pronounced "not guilty." In some cases, criminal charges against a person are dismissed entirely. Once charges are dismissed, the person is no longer facing any legal penalties or repercussions. He or she will be spared the stress and expense of a jury trial. Even better, the person can ask the court for an expungement that erases the arrest record and court files.

Reasons for Dismissal of Criminal Charges in Collin County

There are a number of reasons that criminal charges might be dismissed. One common reason is if the prosecutor decides that there is not enough evidence to convict the defendant. This could be because key witnesses are unavailable or because the evidence is not strong enough to prove beyond a reasonable doubt that the defendant committed the crime. In some cases, charges are dismissed because the defendant has been cleared by new evidence, such as DNA testing.

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