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Recent Blog Posts
Options for Getting a Restricted License After a DWI
Losing your driver’s license due to a DWI can make it impossible to carry out your responsibilities. Collin County is not known for having a robust public transportation system - you may not be able to get where you need to go by taking the bus if you live within walking distance of a bus stop at all. Most adults need to drive themselves to get to work or to buy groceries for their families. You may also have responsibilities like taking your children to school or picking them up from daycare. Fortunately, after a waiting period, you may qualify for one of two types of restricted driver’s licenses. A Plano, TX DWI attorney can help you work towards restoring your driving privileges.
What Is an Occupational Driver’s License?
An occupational driver’s license is a temporary type of driving permit that allows you to drive only for limited essential purposes. This type of license is granted to those who absolutely must drive to certain places so their families do not experience undue hardship. You might qualify for an occupational license if you have no other reasonable way to get yourself or your dependent family members to and from work, school, the grocery store, or medical appointments.
What Is Continuous Violence Against the Family?
What other states might call domestic violence is called family violence in Texas. This is because victims in family violence cases can be any member of your family, including those you do not live with, and these assaults do not always take place in domestic settings. Continuous violence against the family is a felony charge that is brought when the same person commits multiple family violence offenses within a year. You can be charged with this crime for as few as two family violence offenses in a 12-month period - and jailed for up to ten years if you are convicted. A Frisco, TX family violence lawyer can take steps to defend you against this serious criminal charge.
Do Both Family Violence Offenses Have to Involve the Same Victim?
No. Continuous family violence can be charged even if the first offense was committed against one family member and the second offense was committed against a different family or household member. For example, if you were convicted of family violence after fighting with your brother a few months ago and are arrested a second time because your girlfriend reported that you assaulted her, your second arrest will lead to continuous family violence charges.
Fighting an Intoxication Manslaughter Charge
Vehicular intoxication manslaughter - causing someone’s death because you were driving while intoxicated - is the most serious DWI-related charge. People who are convicted of vehicular intoxication manslaughter can face up to 20 years in prison for this second-degree felony. This is the type of conviction that can destroy your life. While you very likely had no intention of hurting anyone and fully expected to get home safely, making the mistake of driving drunk even once can permanently alter the course of your life and the lives of others when a fatal accident takes place as a result. If you are facing DWI manslaughter charges in Texas, you need an experienced Frisco, TX felony DWI attorney on your side.
What the Prosecution Must Prove in a DWI Manslaughter Case
Understanding what the prosecution must prove in order to convict you of intoxication manslaughter might help you understand what some possible defense strategies are. First, the state has to prove that you were driving while intoxicated. This means that you can use any of the usual defenses to a standard DWI case, such as showing that there was a problem with your chemical testing.
Avoiding Recidivism in Texas
Recidivism refers to when someone who has already been convicted of a crime reoffends. People who already have a criminal conviction on their record are usually very likely to get arrested again for a lot of reasons. Many individuals who find themselves being prosecuted have substance abuse or mental health problems that can lead them to commit crimes like drug possession, assault, or theft. Felons are often limited to working in jobs that routinely hire felons and living in housing that usually accepts felons, meaning that they are likely to spend a lot of time around people who might still be involved with crime. Police are also more likely to assume that someone who has offended in the past is guilty again, leading to an increased rate of arrests. A Collin County, TX criminal defense attorney can help you plan to avoid reoffending the first time you face prosecution.
Planning to Make This Your Only Arrest
If you are currently being prosecuted in Texas, there are steps your lawyer can help you take now to decrease the chances that you will find yourself in this position a second time. Possible ways your lawyer can help you avoid getting arrested a second time include:
Murder Charges After a Fentanyl Overdose
Drug overdoses are a sadly common cause of death among young adults. Part of the problem is that many drugs sold on the street today contain fentanyl, an extremely powerful opioid. A person’s chances of fatally overdosing are much higher if the drug they use turns out to be laced with fentanyl. As of September 2023, Texas law specifically allows drug distributors (dealers) or even people who share a drug with their friends to be prosecuted for murder if a fentanyl-laced drug they supplied causes a death. Texas homicide laws are also sometimes used to prosecute others who provide a drug to another person who then overdoses and dies. If you have been charged with a drug-related homicide, you need a skilled Frisco, TX homicide attorney immediately.
Fentanyl Murder as a Criminal Charge
Fentanyl murder is now its own criminal offense in Texas. This law was enacted to combat the number of deaths caused by street drugs the user did not know were laced with fentanyl. Drug addicts often know their limits but cannot account for the presence of fentanyl.
What Evidence is Used in Family Violence Cases?
Domestic violence cases can be hard for the prosecution to prove. Family violence rarely happens in public places in front of neutral witnesses. Assaults and batteries between people who are or were in a romantic relationship, family members, and others who live together usually happen in the home. If there is violence taking place, it normally stops as soon as the parties involved become aware that the police have arrived, so the officers only witness the aftermath. These circumstances can make it very difficult for the officers to determine who the primary aggressor is. If you have been accused of family violence, you need a knowledgeable Collin County, TX criminal defense attorney.
Types of Evidence Used in Family Violence Cases
Your attorney can explain any evidence likely to be used against you in court and any evidence he may use to defend you if your case goes to trial. In some cases, there is so little or so strong evidence that you were not the aggressor that a charge can be dropped without going to trial.
How Mitigating Factors Can Reduce Your Sentence
There are some cases where being convicted of a crime is inevitable, even with the best legal representation possible. A skilled Frisco, TX criminal defense lawyer may be able to have your charges reduced to a lesser offense through plea bargaining, sometimes turning a felony into a misdemeanor. There is more your lawyer can do to try to reduce your sentence even after a conviction or guilty plea is entered. Mitigating factors, or circumstances that show the defendant was less blameworthy than it may appear, can be a big part of your criminal defense strategy. Even in the most serious cases, the existence of mitigating factors can make an enormous difference in how the defendant is sentenced. You should discuss with your attorney how mitigation might help you.
Common Mitigating Factors in Texas
Some of the mitigating factors that your attorney may use to help you include:
What Happens if I Refuse Field Sobriety Testing?
In Texas, you cannot be forced against your will to submit to field sobriety testing. You have the right to refuse field sobriety tests after you are pulled over on suspicion of drunk driving. However, there are some consequences for refusing to submit to these tests. The police officer who pulled you over will probably decide to arrest you anyway, and your driver’s license will be suspended whether or not you are later charged with a DWI. However, you may be able to contest this suspension at a later time. In some cases, you might also be subjected to mandatory chemical testing, which can be done without your consent. If you find yourself in legal trouble for allegedly driving drunk or for refusing field sobriety tests, you need an experienced Frisco, TX DWI defense lawyer.
Are There Any Benefits to Refusing a DWI Field Sobriety Test?
People who are perfectly sober sometimes “fail” field sobriety tests. If you submit to these tests, you may be giving the prosecution evidence to use against you in court. If you refuse these tests, there is less evidence to use against you. The state would need to find other ways to prove that you were intoxicated. Although your license will be suspended, you may be less likely to be convicted of DWI.
What Parents Should Do After a Child's Arrest
As a parent, finding out that your child has been arrested can be deeply upsetting. Whether you suspected your child was doing things that put him at risk of getting arrested or thought that your child was a rule-follower, getting a phone call from the local police station can send you into a panic. Juveniles who get involved with the justice system often have options that adult offenders would not and usually have the opportunity to seal their records after reaching adulthood. However, you should still take your child’s arrest very seriously. The most important thing you can do is to immediately contact a Plano, TX juvenile criminal defense lawyer.
Tips for Parents Whose Child Has Been Charged With a Crime
You are likely worried about everything from whether your child is safe right now to how this arrest could affect his chances at college admission. Some guidelines that may help include:
What to Do When The Police Arrive With a Search Warrant
You are sitting in your house one day when there is a knock at the door. You hear the dreaded phrase, “Police- search warrant!” Your initial instinct might be to flee out the back door or to be quiet and pretend you are not home. While understandable, either of these reactions would likely cause more trouble. If you attempt to run, the police may believe that you are fleeing because you were committing a crime, in which case they may chase and detain you. If you pretend you are not home, they are likely to enter anyway and may be startled by your presence. A startled police officer who was not expecting you to be there may think that you were trying to take him by surprise and may respond violently. It is generally better to answer the door and call a Collin County, TX criminal defense lawyer as soon as you have the opportunity.
How Long Do I Have to Answer the Door?
Generally, it is best to respond immediately, either by opening the door at once or by calling out stating that you are coming. If there is a good reason why you cannot open the door instantly, it is best to explain why. For example, if you have a dog that is barking aggressively at the door, the police will very likely give you a moment to place your dog in its kennel for the safety of both your dog and the officers. Or, if you are getting out of the shower, the police officers may be willing to give you a brief moment to put clothes on.
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