Posted on August 18, 2021 in Criminal Defense

As of Sept. 1, 2021, Texans who are being treated for cancer at any stage or Post Traumatic Stress Disorder will be able to use cannabis products under the Texas Compassionate Use Program, which allows doctors to prescribe cannabis products with low levels of tetrahydrocannabinol (THC) as a treatment. 

When the program was created in 2015, lawmakers limited who could be prescribed cannabis products to only those who suffer from epilepsy. They expanded it in 2019 to include patients with amyotrophic lateral sclerosis, autism, incurable neurodegenerative disease, multiple sclerosis, seizure disorder, spasticity, or terminal cancer. 

According to The Texas Tribune, lawmakers accepted two arguments for adding cancer at any stage and PTSD to the list of approved conditions. First, THC is thought to alleviate cancer treatment side effects like nausea, loss of appetite, and body pains. THC affects the amygdala, the part of the brain that controls fear. Marijuana products may help those who suffer from PTSD, particularly veterans, by calming them down when they encounter something that triggers trauma. 

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 Posted on August 10, 2021 in Criminal Defense

Domestic disturbances are a major concern for jurisdictions across the country and in the great state of Texas. The reason is an argument could escalate, turn into a fight, and become something worse. In fact, approximately one out of five murder victims in the U.S. were killed by an intimate partner. Needless to say, the concern about domestic violence is real, but how states require police to address it varies. 

Mandatory Arrest Policy

When police officers investigate domestic disturbances, they generally start by separating the parties involved and conducting a preliminary interview. It may feel like an invasive process given that they ask about intimate and sometimes embarrassing details about your life. The goal, however, is to see if there was physical contact. Now, this is where states may differ. 

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 Posted on July 28, 2021 in DWI

There are about 28 people killed in drunk-driving accidents each day, according to the National Highway Traffic Safety Administration. Consequently, jurisdictions across the country prioritize preventing driving while intoxicated, or driving under the influence. The NHTSA teaches police officers to collect a host of information regarding every stage of the DWI stop. 

By streamlining the process, the authorities are hoping to build the strongest case against you and as a result increase their conviction rate. There are certainly a lot of reasons to discourage drunk driving. The first being they want to make the roads safer and prevent you or anyone else from being hurt or killed unnecessarily because of a DWI crash. 

Statute of Limitations for DWI

In the state of Texas, a DWI is usually considered a misdemeanor offense, which means the authorities must indict you within two years of the offense. So, if you are arrested for DWI on July 26, 2021, they have until July 26, 2023 to formally accuse you of the crime. Ordinarily, you are charged with the crime shortly after being arrested, but authorities might wait to charge you as they await lab results. 

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 Posted on July 21, 2021 in DWI

When a police officer believes you are driving while intoxicated, they will work through a process to build the strongest possible case against you. This process involves asking a series of questions about your whereabouts and recent alcohol consumption, they will request that you participate in a series of field sobriety tests, and finally, they will request that you submit to chemical testing. To say this a different way, building the strongest possible DWI case requires your compliance. You may wonder how you should respond to the officer’s requests.

Implied Consent

All 50 states have implied consent laws, which means that when you get your driver’s license, you inherently agree to submit to chemical tests if an officer believes you are under the influence of an intoxicant while driving a vehicle. The legal concept of implied consent does not apply to answering questions or field sobriety tests. Yet, it does apply to the breathalyzer, the device in which you blow into and then uses your breath to measure your blood-alcohol concentration (BAC). 

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 Posted on July 07, 2021 in DWI

In local jurisdictions across the country, it is often considered a high priority for police to make arrests for driving under the influence. While laws may vary and terminology may change -- DUI instead of DWI, for instance -- most police officers follow the same procedures for identifying, investigating, and ultimately determining to arrest a driver suspected of being under the influence of alcohol or drugs. So, how do police investigate a DWI?

The NHTSA

The National Highway Traffic Safety Administration created the standards and guidelines for DWI investigation and also provide training and instruction materials for police agencies nationwide. According to the DWI Detection and Standardized Field Sobriety Test Manual, a police officer should investigate a DWI in three phases 

Phase One - Vehicle in Motion

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 Posted on June 28, 2021 in Drug Charges

Texas is known for having strict laws prohibiting the use of drugs like marijuana, cocaine, heroin, and methamphetamine. If you or a loved one were arrested for possession of cocaine, it is important to realize the gravity of these allegations. You or your loved one may be facing life-changing criminal penalties. The penalties you face are especially harsh if the prosecution alleges possession with intent to distribute.

Cocaine Possession Laws in Texas

The state of Texas categorizes illicit substances into several penalty groups based on the drug’s perceived severity. Cocaine is in penalty group 1, which means that cocaine-related offenses are penalized more harshly than offenses involving drugs like marijuana. Being caught with even a small amount of cocaine or crack cocaine is a felony offense punishable by significant jail time. The greater the amount of cocaine allegedly in your possession, the harsher the penalties:

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 Posted on June 22, 2021 in Criminal Defense

There is no doubt that law enforcement officers are a crucial component in a safe and functioning society. However, the U.S. Constitution, as well as other legislation, Limits the authority of police officers and other government officials in order to protect citizens’ rights. If you are ever stopped by police or arrested for a criminal offense, it is crucial that you assert your rights and avoid these common mistakes.

Acting Suspiciously or Aggressively During a Traffic Stop

If you are pulled over for speeding, running a stop sign, or another alleged infraction, it is important to remember that many traffic stops result in little more than a warning or minor fine. The actions that you take during the traffic stop can directly influence how the traffic stop ends. When you see flashing lights, pull over and turn the vehicle off. When the officer walks over to your car, roll down the window and respond politely in a non-aggressive tone. Give the officer your license, registration, and insurance information if asked for it.  

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 Posted on June 11, 2021 in Attorney Writ Bonds

If your friend or a family member has been arrested and charged with a criminal offense, you may be confused and overwhelmed. You want to help your loved one, but you do not know what to do to help them. Fortunately, individuals arrested for driving while intoxicated (DWI), possession of an illicit substance, theft, or certain other non-violent offenses can take advantage of an option called an “attorney writ bond.” An attorney writ bond can be used to get someone out of jail – often within hours of his or her arrest.

An Attorney Writ Bond Can Speed Up the Bond Process

When someone is arrested for committing an alleged criminal offense, they are immediately taken to jail. The suspect is eventually taken before a judge who sets the suspect’s bond and the conditions for his or her release. Unfortunately, some suspects must wait several days before they can attend the bond hearing. This is especially common when someone is arrested on a Friday night and must wait until Monday to see the judge. An attorney writ bond can speed up this process considerably. Often, an attorney writ bond can secure a suspect’s release within two or three hours.

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 Posted on June 04, 2021 in Criminal Defense

It is not always easy to understand where police officers’ authority ends and citizens’ constitutional rights begin. If you are like many people, you may be unsure of what rights are afforded to you by state and federal law. You may also be unsure of how those rights apply to police searches and seizures. It is crucial for every citizen to know when police do and do not have the right to search personal property. If police officers discover evidence of a crime in an unlawful search, that evidence may be inadmissible or unusable during criminal proceedings.

Rights Protected by the Fourth Amendment to the U.S. Constitution

The Fourth Amendment enforces our right to be free of “unreasonable searches and seizures” by government officials like police officers. A government official cannot simply search a person’s home or belongings or take a person’s property for no reason. However, police searches that meet certain criteria are permissible under the Fourth Amendment and other legislation. Our expectation of privacy also varies depending on the type of property in question. For example, police do not have to obtain a search warrant before they search a motor vehicle.

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 Posted on May 28, 2021 in Assault

There are a variety of situations where someone may cause harm to someone else. In cases where someone acted in a way that was intentionally meant to injure someone, they may be charged with assault. While this can be a serious charge, the penalties can be even more severe if the offense is increased to aggravated assault. Because of this, anyone who is charged with assault involving bodily injury will want to understand the nature of their alleged offense, the potential penalties they may face, and the possible defense strategies that may allow them to avoid being convicted or reduce the offense to a lesser charge.

Assault vs. Aggravated Assault

“Simple” assault may be charged if a person knowingly and intentionally caused someone to suffer a bodily injury, and these charges may also apply if a person threatened to injure someone or even if they made physical contact with a person in a way that the person believed was provocative or offensive. Aggravated assault charges may apply if a person allegedly committed an act that could be considered assault that inflicted serious bodily injury on someone. An assault charge may also be increased to aggravated assault if the alleged perpetrator used or was carrying a deadly weapon when they committed the act of assault.

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