Posted on August 03, 2023 in Criminal Defense

Being charged with simple assault can expose you to serious legal penalties. Even the simplest forms of misdemeanor assault can lead to jail time and leave a black mark on a criminal record you may never be able to move past. However, if you are charged with aggravated assault, your situation is a fair bit more serious. Aggravated assault is a felony rather than a misdemeanor and could result in over a year of time in prison if you are convicted. The main difference between simple and aggravated assault is the seriousness of the assault. In Texas, assaults that result in serious bodily harm or involve the use of a deadly weapon can be considered aggravated assaults. Because aggravated assault is generally considered a violent crime, while simple assault is not, the penalties are far more serious. If you are facing aggravated assault charges in Texas, it is important to make finding an experienced criminal defense attorney a high priority. 

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 Posted on July 31, 2023 in Criminal Defense

Driving while intoxicated (DWI) can lead to tragic consequences, including serious injuries or even death. In Texas, like many other states, the law treats these cases very seriously due to their potential for harm. While all DWI offenses are taken seriously by law enforcement, situations in which drunk driving allegedly led to someone being injured or killed are likely to result in especially severe penalties. Those who could potentially face charges of intoxication assault or intoxication manslaughter will need to understand their options for defense, and by working with an experienced attorney, they can take steps to protect their rights and resolve their cases successfully.

Texas DWI Laws and Penalties

In Texas, a person may be charged with the offense of driving while intoxicated if they were physically or mentally impaired due to the use of alcohol or drugs. When drunk or intoxicated driving results in injury or death, additional charges may be imposed on top of the penalties that would apply for DWI. These charges may include:

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 Posted on July 24, 2023 in Criminal Defense

More and more states are beginning to legalize marijuana for either medical or recreational purposes. If you live near the New Mexico border, it is not difficult to drive across the state line, purchase THC products, and then drive home. While cannabis may be legal in New Mexico, it becomes illegal as soon as you cross the state line back into Texas. It is also federally illegal. Upon returning to Texas, you could be arrested if you are caught with cannabis. You could face serious charges, ranging from simple possession for personal use to drug trafficking or possession with intent to distribute. If you purchased a large quantity, it is more likely that you could be charged with a felony rather than a misdemeanor. Although you may have heard that others have succeeded in retrieving cannabis from New Mexico or another legal state, doing so means taking a significant risk. If you have been arrested for having THC products in Texas, it is important to take the situation seriously and find a skilled criminal defense lawyer. 

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 Posted on July 18, 2023 in Criminal Defense

Due to the rising cost of housing and the stagnation of wages, more and more young adults are choosing to live with roommates. Roommates can be fun to have if you all get along well. Unfortunately, conflict often arises when there are very different people trying to cohabitate in the same house or apartment. There is a general loss of privacy that comes with living with others. You may find that some of your roommates are messy while others are neat, or that some are night owls while the others are early risers. Conflict between roommates can easily build up until one day, it turns violent. There does not need to be a full-blown attack or brawl for criminal charges to be levied. In fact, as little as a shove or slap can be considered an assault. If this action is taken against a person you live with, you could be charged with domestic violence. Domestic violence is a far more serious charge than simple assault. If you are facing domestic violence charges after assaulting a roommate, it is important to seek the advice of an attorney immediately. 

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 Posted on July 07, 2023 in Criminal Defense

Getting a DWI may seem like a relatively minor issue - it is a misdemeanor in Texas after all, at least in most cases. However, it can have a major impact on your life and your finances. You probably know a little about the judicial consequences of a DWI. You could go to jail, and you may need to pay a fine. In Texas, that fine can be up to $2,000. However, the fine is far from the only financial impact you may face as a result. These additional non-judicial penalties are collectively known as “collateral consequences.” Many people who have a criminal conviction find that the societal collateral consequences are worse than the judicial penalties. If you have been arrested for a DWI in Texas, it is important to speak to an attorney as soon as possible. Ideally, you should speak with a lawyer before your first court appearance so that your own attorney can be the one defending you from the outset. 

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 Posted on June 29, 2023 in Criminal Defense

The foundation of every criminal case in the United States is that each defendant is innocent until proven guilty by a jury of their peers in a criminal trial. In every case, the defendant does not have to prove their innocence, but it is the prosecutor who has the burden of proof to prove their guilt. The burden of proof sets the standard that the prosecution must meet in order to secure a conviction. In criminal cases, this standard is set at “beyond a reasonable doubt.” This stringent requirement reflects the importance of protecting the rights and liberties of individuals and emphasizes the need for a strong and compelling case against the accused.

Evidentiary Responsibility

Because it is the prosectuor who has the burden of proof in a criminal case, they must present credible and convincing evidence to establish each element of the crime charged. This responsibility includes both the duty to produce evidence and the obligation to present it in a manner that is logical, coherent, and legally admissible. The prosecution must present a narrative that connects the evidence to the elements of the offense and leaves no reasonable doubt as to the defendant's guilt.

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 Posted on June 23, 2023 in Criminal Defense

Thousands of Texans are arrested yearly on drug charges, ranging from possessing marijuana and THC products to more serious narcotics-related offenses. If you fail to address the charges against you, you could face serious legal repercussions including hefty fines or imprisonment. However, it's worth noting that writ bonds can offer considerable relief for defendants - a detail that is often overlooked. This article will explore the intricacies of writ bonds and their significance in drug-related cases.

Understanding Drug Charges

In the state of Texas, drug charges can vary widely in their severity. The penalty for drug possession depends on the type and amount of drug involved. If one has a small amount of marijuana, the consequence may be a fine, but possessing a larger quantity of potent drugs could result in a long prison term. If you are caught with drugs, regardless of the type, you will be subject to arrest and the legal system. This could be a stressful and disruptive experience leading up to your trial or plea bargain.

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 Posted on June 13, 2023 in Criminal Defense

If your son, daughter, spouse, partner, or other loved one was accused of stealing from a retail store, you may be unsure of how to help them. Shoplifting charges can carry serious consequences, such as costly fines and even jail time. One important step you can take to help your loved one is to secure an attorney writ bond.

A Writ Bond Can Get Your Loved One Released Sooner

An attorney writ bond allows a criminal suspect to be released from police custody or jail much sooner than he or she would otherwise be released. In order for a judge to grant an attorney writ bond, they must be convinced that the accused individual will appear in court for their bond condition hearing. An attorney writ bond essentially serves as a promise that the accused will show up in court, and it is backed by a financial guarantee. If the accused fails to appear for their court hearing, they forfeit their bond and the amount of money that was put up to secure their release.

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 Posted on June 02, 2023 in Criminal Defense

As the school year ends and many high school and college students begin their summer breaks, the potential for underage drunk driving arrests increases. Like all other U.S. states, the legal drinking age in Texas is 21. Individuals under age 21 are not permitted to purchase or consume alcohol, let alone drive under the influence of alcohol.

If you, your child, or a loved one were accused of drunk driving, it is important to understand the potential penalties as well as your legal options.

Penalties for Underage Drunk Driving Depend on The Driver’s Blood Alcohol Concentration

In Texas, there is a zero-tolerance policy for underage drinking and driving. This means that a driver who is under 21 years of age may face legal consequences for having any detectable amount of alcohol in their body. You do not have to be over the legal limit to be charged with a criminal offense if you are under 21.

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 Posted on May 26, 2023 in Criminal Defense

Over the five months that marked Texas’s 88th legislative session, over 3,400 resolutions and 8,000 bills were filed. With less than a week to go in the session, fewer than 850 bills had passed. Sometimes, legislative action helps to improve the state’s criminal justice system. However, it is not a secret that some actions tend to harm those who have been accused or convicted of criminal wrongdoing as well. As a result of both of these realities, it is critically important that those who are facing criminal allegations remain informed about the ways in which the law is constantly changing. In doing so, they may be able to craft a more successful criminal defense strategy than they otherwise might.

Inaction Was the Order of the Day 

There were several legislative priorities concerning the state’s criminal justice system that were contested during this legislative session, only to “die” before reaching the governor’s desk. Of particular note was Senate Joint Resolution (SJR) 44. Although more than 3,100 resolutions introduced during the session passed, this measure – which seeks to amend the Texas Constitution – has been postponed.  

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