Posted on December 30,2020 in DWI

Attending holiday parties is often the highlight of the year. Whether you are celebrating with coworkers, seeing distant family members, or enjoying yourself at home, alcoholic beverages are bound to be present and potentially consumed in excess. While there is nothing wrong with enjoying the holiday season, some drivers may place others at risk by drinking before getting behind the wheel. Holiday gatherings look a bit different this year; some have opted to cancel their gatherings, others have reduced the number of people invited to the party, while many have decided against joining the annual party altogether. Because large gatherings have been strongly cautioned or completely off-limits for almost a year now, the opportunity to have some fun may lead to overindulgence and poor decisions. The Texas Department of Safety (DPS) recognizes the annual holiday threat of speeding and intoxicated drivers, especially during these unprecedented times, and is honing its focus on keeping roads safe. 

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 Posted on December 18,2020 in Criminal Defense

Anyone found guilty of committing a crime may see their life flash before their eyes. Whether you have to pay exorbitant fees, are concerned about how your criminal record will impact your future, or have been sentenced to time in prison, it can quickly feel as if your future is spiraling out of your control. This is especially true for those who have the possibility of facing the death penalty, which is still a sentencing option in Texas. However, one legislator is fighting to abolish it. Depending on the decision made by the government, those found guilty of crimes in 2021 may not face this sentencing possibility.

Senate Bill 188

This past September, a 25-year-old man named Victor Godinez had a virtual hearing regarding the criminal charges that he is facing. From Hidalgo County Detention Center, Godinez learned that if he is convicted of killing Texas Department of Public Safety Trooper Moises Sanchez, prosecutors will seek the death penalty for his actions. Godinez is just one of many who are facing this same reality. 

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 Posted on December 03,2020 in Juvenile Law

Similar to parental rules or regulations set by schools, minors have more legal restrictions than those over the age of 18. This is meant to protect the children and keep them on the right track while moving toward adulthood. According to Texas law, there are two types of misconduct that can place a child under the jurisdiction of the juvenile court. Conduct Indicating a Need for Supervision (CINS) cases and delinquent conduct can both leave a stain on the minor’s record. It is important to know the difference between the two and understand what conduct falls within each category to keep your child out of the criminal justice system.

Minor Criminal Offenses

CINS cases include minor criminal offenses, aside from traffic violations, and these offenses will be tried by the juvenile court. There are six types of CINS offenses listed by the Texas legislature, including any fineable offense, running away, inhalant abuse, school expulsion, prostitution, and sexting. As you can see, not all of these offenses would apply to those over the age of 18. Because these offenses are considered relatively minor, the child will face varying levels of probation, but they cannot be sentenced to jail or prison. 

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 Posted on November 25,2020 in Criminal Defense

The legalization of marijuana has historically been viewed as a more liberal approach to drug laws, but more and more states across the country are legalizing the substance in one form or another. After recognizing the medical benefits that cannabis has to offer, as well as the lack of sufficient harm that the drug has on users’ health, many lawmakers have accepted that marijuana may not be as bad as history has painted it. Texas has continued to stand its ground on legalizing recreational marijuana use but has offered some leniency regarding medical marijuana—Democratic State Rep. Joe Moody aims to change that.

Two Bills to Change Texas

Over the past few Texas legislature sessions, Moody has been pushing for the change in regard to drug laws throughout the state. He authored House Bill 63, which aimed to decriminalize possession charges of small amounts of marijuana. Though the bill passed with a supermajority in the Texas House of Representatives, the bill was never taken up by the Senate, not even making it to the floor for discussion. This response did not discourage Moody but led him to file another bill this session that will legalize marijuana if it is passed. House Bill 447 would make recreational marijuana legal for those 21 years and older. The bill would continue to outlaw driving under the influence (DUI) of marijuana and would create a taxable market to improve the community. The cannabis products would be taxed by the state at 10 percent, and the revenue would go toward cities, counties, and the Teacher Retirement System. 

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 Posted on November 19,2020 in Criminal Defense

If you have watched crime shows on TV or read about famous criminal cases in the newspaper, you have likely seen the term “bail” with an astronomical dollar amount tied to it. A bail is a form of security given by the accused party that he or she will appear before the court for the alleged crime. Along with bail comes a bail bond or personal bail, each of which requires the accused party to put down a certain amount of money to hold him or her accountable for showing up to a scheduled court date. After showing up to the allotted court date, the defendant will be given his or her bail money back with a small court fee taken out. However, if the accused fails to show up to the listed date, he or she could risk losing that bail amount and face additional charges in Texas.

Bail Bond Violations

When receiving bail, the document will have all of the legal requirements and details enclosed to inform the accused party of his or her rights and restrictions. If the bail is violated, he or she could face a fine of up to $4,000 and/or face incarceration for up to one year. If the act committed is a separate offense, aside from just violating the terms of bail, the prosecuted party will be charged with a separate misdemeanor or felony charge in addition to the violation of the order. The violating party also runs the risk of losing the money that was put down for the bail and depending on where he or she got the bail money as well as how high the amount was, losing bail funds can be detrimental to his or her financial security.

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 Posted on November 05,2020 in Criminal Defense

While all crimes are considered serious in the state of Texas, those that involve inflicting violence against another person are held to an even higher standard. Texas classifies crimes into two categories—property crimes and violent crimes—with property crimes being significantly more common. The Texas Department of Public Safety (TxDPS) releases a yearly crime report, and urban areas throughout the state saw a rise in violent crime rates in 2019, including Austin, Dallas, Houston, and San Antonio. Following is a look at the most common violent crimes committed by Texans this past year.

Aggravated Assault

Assault is committed when a person knowingly, intentionally, or recklessly causes or threatens to cause physical injury to another person. The charge escalates to aggravated assault when the perpetrator exhibits or uses a deadly weapon during the assault. In 2019 alone, nearly 75,600 aggravated assault offenses were committed in Texas. This offense is charged as a second-degree felony but may increase to a first-degree felony depending on the details of the crime. In Texas, a second-degree felony holds a punishment of 2-20 years in prison.

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 Posted on October 30,2020 in Criminal Defense

An order of protection, more commonly known as a restraining order, is used to protect victims of abuse, abusive threats, stalking, or assault. These legally binding documents require someone to keep his or her distance from the filing party and anyone else listed on the order. This often includes mothers and their children, keeping fathers from speaking or interacting with their kids. In cases where threats or abuse are present, the court-mandated order is warranted to keep everyone safe. However, what about instances when the filing party is simply trying to restrict the kids from seeing their other parent? Unfortunately, these instances do occur, especially after a contentious divorce. In cases like these, BRCK Criminal Defense Attorneys is here to help.

What Must Be Shown to Obtain an Order?

There are a few different types of protective orders in Texas, each of which offers its own level of protection. Depending on the type of order being requested, different types of proof must be shown. For a family violence protective order, the filing party must show that violence occurred and that it will likely happen again in the near future. For those seeking a stalking, sexual assault, or human trafficking protective order, they must show proof that any or all of these actions occurred.

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 Posted on October 15,2020 in Criminal Defense

Finally gaining the ability to drive is an exciting time in every teen’s life. You have spent the last year or so behind the wheel with your parent in the passenger seat, telling you where to turn, reminding you to slow down, and panicking anytime you have to stop abruptly. Gaining experience behind the wheel with your parents by your side is a right of passage that every teen goes through. When you are finally handed the keys to drive on your own, the freedom is exciting, but can also lead to traffic violations if you are not careful. Coming home with a traffic ticket in hand is most teens’ nightmare. You should know what to do if you ever find yourself being pulled over by an officer to avoid exacerbating the situation.

Talk to Your Parents

It is never a good idea to try to hide the traffic ticket from your parents. Some teens may attempt to do this and wind up making the consequences of the speeding ticket much worse than it would have been if they were honest upfront. It is critical that you discuss the situation with your parents so that they can provide you with guidance on how to move forward. Most may assume that getting a ticket means you are guilty of the listed offense; however, you can challenge the ticket with the help of your parents and an attorney.

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 Posted on October 02,2020 in DWI

Getting arrested for driving while intoxicated (DWI) can greatly impact your future, even if you are never charged or found guilty. Because criminal records are accessible to the public, an employer can see these arrests and will often write you off before ever meeting you. This is the purpose of background checks, but you may be wondering why an old arrest that did not amount to a guilty charge can continue to get in the way of your future. This is especially common for those who were arrested for DWI at a young age. Luckily, the Texas law has a solution for those individuals looking to restart their record.

What Is Expunction?

The term “expunction” refers to the removal of information from a criminal record, allowing the individual to deny that the incident ever occurred in the past. Depending on the severity of the incident, Texas law allows individuals to request that information regarding an arrest, charge, or conviction be removed from their permanent record. However, many conviction requests are denied, especially with more severe charges. The following records are eligible for expunction:

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 Posted on September 28,2020 in Criminal Defense

Firearms have always been a point of contention. Many value their right to own and carry a gun while others see this Second Amendment right as a threat to society. There are a number of weapon laws that are fairly well known, like needing a license to carry a gun and avoiding particular locations, such as schools or hospitals, while carrying a weapon. However, there are also weapon laws that you may not know about. Being fully informed on Texas gun legislation is critical not only for gun owners but all Texans. By understanding the ins and outs of these weapon regulations, you can exercise your Second Amendment rights while also abiding by the law. Failure to do so can lead to criminal charges and serious penalties, including significant time behind bars.

1. Prohibited Weapons

Just because you have a valid weapons license does not mean that you legally have access to any weapon of your choosing. There are a number of weapons that are strictly prohibited in Texas. Anyone who intentionally or knowingly possesses, manufactures, repairs, sells, or transports any of the following weapons is breaking the law: an explosive weapon, a machine gun, a short-barrel firearm, armor-piercing ammunition, a chemical dispensing device, a zip gun, a tire deflation device, a firearm silencer, and an improvised explosive device.

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