Posted on December 06, 2022 in Family Violence

Being arrested and charged with a crime can be a downright nerve-wracking experience. This is especially true regarding violent crimes like domestic violence. In Texas and society as a whole, domestic violence is looked down upon and is prosecuted aggressively. In a previous blog, we discussed the law surrounding domestic violence in Texas. Today, we will delve deeper into what to do and what not to do if you have been arrested and charged with a serious offense like domestic violence.

Something tricky about being charged with a crime is that you are likely to feel a blend of emotions. It is imperative you do not let these emotions cloud your judgment. Understand that, at all costs, you want to avoid being convicted, as a conviction of domestic violence can devastate your life and career. If you have been charged with domestic violence, immediately seek the counsel of a domestic violence attorney. Hiring a skillful attorney may make the difference in whether you are found not guilty or go to prison. 

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 Posted on November 28, 2022 in Criminal Defense

The Dallas Morning News reported that authorities were investigating allegations that an incumbent Collin County judge slapped a judicial challenger after a contentious Commissioners Court meeting earlier this month. The alleged victim, a Democratic candidate for judge, reported the alleged assault to the Collin County Sheriff’s Office.

Texas Penal Code § 22.01 plainly states that a person commits an assault offense when they intentionally, knowingly, or recklessly cause bodily injury to some other person, which includes their spouse, threaten another person with impending bodily injury, including their spouse, or cause physical contact when an alleged offender either knew or should have known another person would regard contact as being offensive or provocative. The simple truth is that an alleged assault does not have to be inherently violent to result in criminal charges.

Assault Charges in Texas

Assault crimes vary in criminal severity depending on a number of factors, including the harm that an alleged offender causes to another person. An assault offense involving threats or physical contact will be a Class C misdemeanor when an alleged offense results in no injury to another person.

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 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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