Posted on September 05, 2024 in DWI

In 2023, Texas ranked as the third worst state for drunk driving, with 340 DWI arrests made per 100,000 licensed drivers across the state. While this is certainly not a statistic anyone would be happy about, there are instances where a police officer may be overzealous when making an assumption regarding a suspect’s sobriety. You may also have been pulled over without reasonable suspicion of your inebriation.

Suppose you are leaving an after-work party with your co-workers at a local pub on a Friday afternoon. The week is over, and you have had a couple of beers to relax after a long week. When you leave to head home, you are soon shocked and dismayed to see flashing lights behind you and hear a police siren. You carefully pull over and wait for the police officer to walk up to your window. Your mind is frantically trying to gather your thoughts and determine the best way not to get arrested and charged with DWI.

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 Posted on August 27, 2024 in Assault

Recently, the Texas parents of a 12-year-old child were charged with an offense that falls under the Texas crime of assault but is phrased as injury to a child causing serious bodily injury by omission, a first-degree felony. Allegedly, the parents attempted to treat their daughter’s life-threatening injuries with vitamins and smoothies rather than seeking immediate medical assistance. It is unclear how the girl initially received the initial injuries, but the charges state she had been home for four days after the injuries occurred with no real treatment.

The mother called 911 when the girl went into respiratory distress, but the girl later died at the hospital. The parents were arrested and charged, with a bond set at $200,000 each. The details in this issue are sketchy, but while some states give parents a significant amount of leeway in providing consent for or refusing medical care on behalf of their children, Texas is not one of those. Under Texas Penal Code 22.04, parents have the duty to provide a minor child under the age of 14 with medical and dental care.  

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 Posted on August 21, 2024 in Drug Charges

Texas is well-known for its super tough laws regarding drug possession and drug trafficking, and drug charges are common, even for possession of small amounts of an illegal substance. Some of these drugs are penalized more heavily than others.  Fentanyl is one of the most serious drugs, considered a Schedule II drug federally because it has medicinal uses. While fentanyl was a Schedule II drug in Texas, in April 2024, nine specific fentanyl-related drugs were placed under Schedule I.

Fentanyl has become a political issue as well as a serious social issue in Texas and across the nation. In Texas, from August 2022 to August 2023, there were 5,566 drug-related deaths, with 45 percent of those involving fentanyl. On average, five Texans die every day from fentanyl poisoning. The current administration in Washington has been blamed for failing to secure the Southern border and allowing a "flood" of fentanyl into the U.S.

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 Posted on August 12, 2024 in DWI

In the past, most people believed they were better off refusing a breathalyzer test. After all, submitting to the test could be construed as giving evidence against oneself. Today, the general consensus is that you might be better off submitting to a breathalyzer test—but not for the reasons you might think. Breathalyzer tests have many flaws that can potentially allow an experienced DUI attorney to have the charges reduced or dropped entirely based on an error.

When there is so much at stake, it is essential that a highly skilled Fairview, TX DWI attorney from Law Offices of Biederman & Burleson P.L.L.C. be involved throughout the process. Our attorneys are knowledgeable legal professionals who understand that good people sometimes make mistakes. We have a deep understanding of the Texas DWI statutes; coupled with our extensive experience, you can rest easy knowing we are on your side.  

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 Posted on August 06, 2024 in Criminal Defense

A year ago, Governor Greg Abbott signed into law two bills intended to protect Texans from illegal street racing. House Bill 1442 and House Bill 2899 enhance penalties for illegal street racing while providing law enforcement and prosecutors additional tools. While you might not consider street racing a crime that would require a skilled criminal defense, before these new laws took effect, participation in a street race was charged as a Class B misdemeanor.

Those convicted of the crime could face up to 180 days in jail and/or a fine as large as $2,000. Having this conviction on your criminal record as an adult could make it more difficult to obtain a job or housing.  For a juvenile, such a conviction could make it more difficult to be accepted into college or obtain federal grants and loans for higher education and more difficult to obtain employment.

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 Posted on July 30, 2024 in Drug Charges

Outside of some of the larger cities in Texas, where possession of small amounts of cannabis has been decriminalized, the state of Texas continues to have the harshest laws and penalties for marijuana possession. This extends to hemp and edibles with THC. While hemp can contain THC, it typically has much lower concentrations, along with higher amounts of cannabidiol (CBD), which reduces the psychoactive effects of THC.

The legality of hemp, oils, and THC edibles in the state hinges on the level of concentration of THC. Because Texas has not yet legalized medicinal or recreational marijuana, being charged with a marijuana crime can have serious consequences. It is essential that you have an experienced Frisco marijuana crimes lawyer to help you sort out the legalities and build a solid defense on your behalf.  

Has Texas Legalized Medical Marijuana?

Texas has not legalized medical marijuana in the same way that many other states have, but it does have a program called the Texas Compassionate Use Program (CUP) that gives patients with certain conditions—like epilepsy—the ability to get a prescription for marijuana from a physician registered with the program. Laws that regulate CUP can be found in Chapter 169 of the Texas Occupations Code and Chapter 487 of the Texas Health & Safety Code.  

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 Posted on July 19, 2024 in Criminal Defense

Although it has always been illegal in Texas to provide alcohol to a minor (a Class A misdemeanor), a new law that took effect September 1, 2023, increases penalties in some instances. If alcohol is supplied to a minor and the minor consumes the alcohol then causes serious bodily injury or death to another person, the person that provided the alcohol could face state jail felony charges.

A conviction for the offense could result in six months to two years in a state jail facility and a maximum fine of $10,000. HB 420, also known as Kyle and Ethan’s Law, amends the Alcoholic Beverage Code to increase criminal penalties for providing alcohol to a minor. A defendant charged with this serious criminal offense must have an experienced Frisco, TX criminal defense attorney to advocate on their behalf. Depending on the situation, certain defenses may apply that could reduce the charges to a lesser offense.  

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 Posted on July 14, 2024 in Criminal Defense

Any type of murder charge leaves you in severe legal jeopardy. When someone has died as a result of your criminal conduct, you could face extreme penalties. Even if you are charged with one of the lower degrees of homicide, your life is going to change forever if you are convicted. While capital murder and first-degree felony murder are the two most serious forms of homicide, murder charged as a second-degree felony can also leave you facing an incredibly long - even lifelong - prison sentence with little hope of parole or early release. If you are facing second-degree felony murder charges, you need a highly experienced Collin County, TX homicide defense lawyer to help you.

When is Murder a Second-Degree Felony? 

Murder can be decreased from a first-degree felony to a second-degree felony if the defendant can show that they were responding to adequate provocation and acted in the heat of the moment with no reasonable chance to cool down. This means that the provocation and the killing must have happened in very quick succession. If you had time to reflect or calm down in between the provocation and the killing, you could instead be charged with a first-degree felony, as the murder could be considered premeditated.

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 Posted on July 05, 2024 in Criminal Defense

Homicide is widely seen as the most serious crime a person can commit. Killing someone - on purpose or otherwise - permanently alters the course of numerous lives, including your own. Although the victim will not be there to speak for himself or testify against you, the court will likely hear a number of his loved ones speak on his behalf during the sentencing phase if you are convicted. This kind of victim impact statement can be heart-wrenching and may have a devastating impact on how you are sentenced. If you have been charged with any form of murder or manslaughter in Texas, you desperately need a highly skilled Frisco, TX homicide defense attorney to fight for you.

What is Capital Murder?

Texas is one of just a handful of states that still has capital punishment, commonly called the death penalty. However, its use is limited to a few very specific types of first-degree murder cases. Capital murder is only charged when:

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 Posted on June 28, 2024 in Criminal Defense

Being ordered to wear an ankle monitor can be extremely inconvenient. The monitors are not designed to be comfortable, and having to plan your day around finding a place to charge it when the battery runs low can make normal outings a struggle. These devices also limit your freedom. There are places you cannot go, and you might have a curfew. Some devices even detect the presence of alcohol in your body. It is easy to see why it might be tempting to try to interfere with these functions or even take the monitor off altogether. However, doing so is a criminal offense and likely a violation of your probation or parole. If you are accused of tampering with your ankle monitor, you need an experienced Allen, TX criminal defense lawyer.

Consequences of Tampering With a GPS Monitor

Tampering with an ankle monitor used to be a probation or parole violation, but as of last year, it is now a separate felony offense. Depending on why you were placed on the monitor, you could be charged with a state jail felony or a third-degree felony. If you are convicted, you could face more than a year behind bars.

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