Posted on June 15, 2022 in Criminal Defense

As the school season ends and summer break begins, many high school and college-aged students are faced with a difficult decision: Do they wait until they are of legal age to drink, or do they drink alcohol before age 21?

Many young people find themselves at summer parties or events where alcohol is served to underage individuals. They may even have an older friend or family member who is willing to purchase alcohol for them. The temptation to drink before it is legal is something many people have experienced; however, the consequences of underage drinking can have profound consequences.

Minor in Possession of Alcohol

In the majority of cases, individuals under age 21 may not possess or consume alcohol. If a minor is caught in possession of alcohol in violation of Texas law, he or she can be charged with a Class C misdemeanor. Texas penalties for minors charged with alcohol possession are not focused on punishment but instead helping the minor avoid reoffending in the future. Alcohol possession is punishable by a maximum fine of $500 and up to 12 hours of community service. If the minor has a driver’s license or learner’s permit, his or her license may be suspended for up to 30 days. Often, minors charged with alcohol-related offenses are required to participate in an alcohol education course.

Continue Reading ››

 Posted on June 09, 2022 in DWI

Truck drivers, bus drivers, and other commercial drivers provide invaluable services to Texas communities. If you have a commercial driver’s license, you probably know that CDL holders are subject to special regulations and requirements. Commercial drivers are held to very high standards under Texas law. Violating Texas law by driving while intoxicated (DWI) can lead to the suspension or revocation commercial driver’s license. Losing your license is especially devastating when you need your driver’s license to make a living. It is imperative that CDL holders understand their legal options after being accused of drunk driving.

Legal Limit for Commercial Drivers in Texas

For non-CDL holders, the legal blood alcohol concentration (BAC) in Texas is 0.08 percent. However, the legal limit is only 0.04 percent for CDL holders. Many commercial drivers are shocked when they realize just how little alcohol it takes to push their BAC beyond the legal limit. For an average-sized adult male, it only takes two drinks to reach 0.04 percent BAC. Women who weigh less than 120 pounds can have a BAC over 0.04 percent from consuming a single alcoholic drink. CDL holders who have a few drinks and then drive may find themselves facing criminal charges for DWI.

Continue Reading ››

 Posted on May 27, 2022 in Criminal Defense

Having a criminal record can affect nearly every aspect of a person's life. Finding a job or apartment may be difficult or nearly impossible with criminal charges on your record. It can also be embarrassing for details of an arrest or other legal matter to be publicly available for friends, family, or neighbors to see.

If you have a criminal record, you may be interested in expunging or erasing your record. Texas law does allow for expunction and orders of nondisclosure. However, record clearing is only in certain situations. Read on to learn more.

Expunging Your Record in Texas

Being arrested for a crime is not the same as being convicted or found guilty of a crime. However, many people are shocked when they realize that merely being arrested for something results in a criminal record – even if the charges were dropped or the person was found not guilty. Fortunately, people in this situation may be able to get their arrest records expunged.

Continue Reading ››

 Posted on May 22, 2022 in Assault

Many people have been in a fight at one point or another. Some fights consist of little more than name-calling and light shoving. Other fights escalate into serious physical altercations in which multiple parties are injured. Individuals who were involved in a fight may find themselves facing criminal charges for assault or family violence.

Criminal Penalties for Assault and Domestic Violence

Violent criminal offenses are penalized harshly in Texas. Even if you were only acting in self-defense, you may be charged with a criminal offense for participating in a fight. In Texas, assault causing bodily injury is a Class A misdemeanor. Penalties for assault can include up to a year in jail and a maximum fine of $4000. Domestic violence or family violence is penalized the same as assault causing bodily injury unless the person has a prior conviction for assault against a family member. If so, the charge is elevated to a felony.

Continue Reading ››

 Posted on May 16, 2022 in DWI

When someone is suspected of a criminal offense, police usually handcuff that person, place them under arrest, and take them into police custody. For a misdemeanor offense like driving while intoxicated (DWI), the individual is held in police custody until they can attend a hearing before a magistrate judge and have their bond set. Once the person pays the bond, he or she is free to leave. He or she will be expected to return to court for his or her first appearance.

Unfortunately, the time between being arrested for DWI and the bond hearing can be 24-48 hours. For those with jobs, children, and other important responsibilities, waiting in police custody for two days while awaiting magistration is impractical and can even lead to serious repercussions like being fired.

If your loved one was recently arrested for drunk driving, you may be able to get them out of police custody almost immediately by securing an attorney writ bond.

Continue Reading ››

 Posted on May 11, 2022 in Family Violence

Millions of people all over the world have been following the Johnny Depp defamation case recently. Depp was accused of domestic abuse by his ex-wife Amber Heard, but Depp claims that the opposite was true. He claims that he was the victim and that Heard was the abusive one.

Of course, the only two people who really know what happened in this situation are Mr. Depp and Ms. Heard. However, the case has sparked a nationwide conversation about how we view male domestic violence victims and female domestic violence victims. Do courts assume that men are the aggressors and females are the victims? Do gender stereotypes influence criminal cases involving family violence?

Gender Stereotypes and Family Violence Arrests

Men are statistically more likely to commit violent crimes like assault or domestic abuse. Women are more likely to be victims of intimate partner violence. However, not every situation aligns with these statistical patterns. In fact, the CDC reports that approximately one out of three men have been the victim of intimate partner violence (including stalking) at some point in their life. Gender stereotypes may make it difficult for legitimate male victims of family violence or assault to get the help they need. In some cases, a male abuse victim may even be the one who is arrested and charged with family violence.

Continue Reading ››

 Posted on April 28, 2022 in DWI

Driving while intoxicated by alcohol can lead to administrative and criminal penalties in Texas, including a mandatory ignition interlock device (IID). Once the IID is installed in a vehicle, the driver must blow into the device and prove that he or she has not been drinking to start the car. If the device detects alcohol on the driver’s breath, the car will not start. Many people wonder if there is any way to cheat or hack the device. Read on to learn more.

Tricking a Breath Test or Ignition Interlock Device

The purpose of an IID is to ensure that an individual is not under the influence of alcohol while driving. The device is like a breathalyzer. To use it, you blow into the device’s mouthpiece. The device calculates the alcohol content of the breath sample. If the sample contains alcohol, the ignition will not engage and the car will not start. If there is no alcohol on the person’s breath, the car will start normally.

Continue Reading ››

 Posted on April 21, 2022 in Criminal Defense

The term “kidnapping” may conjure images of someone taking a child and attempting to keep him or her from his or her home. However, kidnapping can involve children or adults. Furthermore, the circumstances that can lead to kidnapping charges may surprise you. Disputes about child custody or even family or romantic disagreements can sometimes lead to kidnapping allegations. Kidnapping is usually a state-level offense, but it is also possible for kidnapping to be a federal offense.

If you or a loved one were charged with kidnapping, contact an experienced criminal defense lawyer right away.

What Constitutes Kidnapping?

In order to convict someone of kidnapping, the prosecution must prove beyond a reasonable doubt that the person intentionally deprived another person of his or her personal freedom by:

• Hiding or holding the individual in a place they are unlikely to be found or

Continue Reading ››

 Posted on April 13, 2022 in DWI

Texas law prohibits individuals from operating a vehicle under the influence of alcohol or drugs. If police officers see someone driving erratically, ignoring stop signals, or otherwise driving in an unsafe manner, the police may pull the person over and ask them to take a field sobriety test. Field sobriety tests involve completing some type of physical task while officers watch for signs of alleged intoxication. While field sobriety tests are generally considered to be reliable methods of determining a driver’s intoxication, there are many different issues that can cause a sober person to fail a field sobriety test.

Obesity and Physical Health Problems

A significant portion of the population has a body mass index that puts them in the “obese” or “morbidly obese” category. For these individuals, completing field sobriety tests may be difficult or even impossible. The most common field sobriety tests include the one-leg stand, walk-and-turn test, and horizontal gaze nystagmus. The one-leg stand and walk-and-turn tests are supposed to assess the driver’s ability to balance. However, being significantly overweight or obese can make it much harder for people to balance and complete these tasks correctly.

Continue Reading ››

 Posted on April 08, 2022 in Drug Charges

If you are like most people, you probably have questions about the legality of cannabis and cannabis-related products in Texas. Public opinion on cannabis has changed dramatically in the last several decades and more and more states are decriminalizing or fully legalizing marijuana products. In some states, only individuals with a valid medical marijuana card are permitted to possess and consume cannabis. In other states, any adult may possess a moderate amount of marijuana flowers, edibles, or other marijuana-containing products. Delta-8 products and CBD products are considered to be different substances than traditional cannabis. However, the legality of these products has also been subject to controversy and confusion.

What is the Difference Between CBD, Delta 8, and Delta 9?

Cannabis is a plant that contains over 100 chemical compounds called cannabinoids. THC (tetrahydrocannabinol) is the component of marijuana that produces the psychoactive effects, or “high” marijuana is known for. However, other compounds in marijuana and hemp plants do not produce any psychoactive effects. CBD (cannabidiol) has been shown to help with certain medical conditions without producing the “high” of THC.

Continue Reading ››