Posted on July 23,2020 in Juvenile Law

The initial hearing in a juvenile case is called the detention hearing. It's the first time you'll see your child in court and the first time your judge will have an opportunity to speak with you, your attorney and your child.

What determines my child's release?

So the judge in the hearings can do two things. The first is they're gonna make a probable cause finding based on testimony from the probation office, police reports, videos, pictures to make that determination as to whether or not there's reason to believe your child committed a crime. If they do make that finding, they'll be on to the second part of the hearing which is the big part -- the release or detain determination. In that decision-making process, the judge willl look to the Texas Family Code which lays out a criteria in which children should be released and when they should be detained.

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 Posted on July 23,2020 in DWI

So in Texas we have a few different variations of the DWI statute. We have a DWI 1st, we also have a DWI 2nd, and then a DWI 3rd statute if you've been previously convicted of a DWI. We have a DWI open container, which is the offense if you have a can of beer or other opened container of alcohol in the vehicle with you. We have a DWI with a child passenger under the age of 15, as well as a DWI reserved for if you have a blood-alcohol concentration that is double the legal limit.

Which DWI charge is considered to be worse?

So generally speaking, just like any other crimes, felonies are treated more seriously than misdemeanors. In DWI statutes felonies are going to be things like DWI 3rd or more as well as DWI with a child passenger, as well as anything involving a DWI and injury to another driver.

Should I plead guilty if charged with a DWI?

So if you're charged with DWI, it might feel like you've got no options -- like you have to go to court and you have to plead guilty. It couldn't be any further from the truth. DWI is unique in that it is an opinion crime, meaning that you can be arrested solely on the opinion of the arresting officer. But look, officers are just like all of us. They're human; they make mistakes; they have good days; they have bad days. If a good attorney can point out the difficulties or maybe some of the mistakes the officer was facing that day, that could make the whole difference in your case.

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 Posted on July 23,2020 in Criminal Defense

So running from the police in Texas is called "Evading Arrest," and you can absolutely get arrested for it. If an officer is attempting to lawfully detain or arrest you and you take off you can be subject to this crime. By way of a quick example, we sometimes see this charge when people are being pulled over for a minor traffic violation. Instead of pulling over they decide to gun it or take off. Now in addition to what would otherwise be a minor traffic violation, you'll pick up an evading arrest charge.

How much trouble can I get into if I run from the Police?

So it depends. If you run on foot, that's generally a misdemeanor charge. However, if you run in a vehicle or a car, you can pick up a felony charge. If you run on foot and then you decide to jump into a vehicle, you'll pick up a felony charge. Worst thing that can possibly happen is during the chase, whether on foot or whether in a vehicle, the officer hurts himself. We've definitely seen situations where an officer is chasing down an individual, sprains his ankle or hurts himself on a chain-link fence, all of a sudden you have a very serious felony charge on your hands.

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 Posted on July 23,2020 in Criminal Defense

What is the difference between a misdemeanor and a felony?

So in Texas we have two broad categories of crime. We have felonies and we have misdemeanors. Generally speaking felonies are considered more serious than misdemeanors. Felonies come in a few different levels from state jail felony all the way up to capital, whereas misdemeanors go from a Class A to a Class C.

Which charge is worse? A misdemeanor or a felony?

Again broadly speaking, felonies are considered more serious than misdemeanors.

What are the different classes of misdemeanors and felonies?

So misdemeanors come in three different varieties: Class A, Class B, and a Class C. It's worth noting that Class C is usually a traffic violation. So something like speeding or running a stop sign that is punishable by fine only. A Class-A misdemeanor is punishable by a maximum up to a year in the county jail. Compare this with felonies. Felonies go from a state jail felony all the way up to a capital felony. Felonies can obviously land you in prison for the rest of your life if convicted.

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 Posted on July 23,2020 in Criminal Defense

So unfortunately missing court is one of the worst things you can do in your case. It's not like missing a dentist's appointment that you can simply reschedule. If the judge calls your name in the morning and you're not there -- two things are going to happen. The first thing is that you're going to get a warrant for failing to appear in the original case. The second thing that's going to happen is you're going to become subject to an additional charge under the Texas Penal Code for bail forfeiture and failure to appear. So unfortunately, if you missed court you have now compounded your problems.

What are the punishments for missing my court date?

You'll pick up a warrant in your original case- if that case was a misdemeanor, you'll pick up an additional misdemeanor charge and if the case that you missed is a felony, you'll pick up an additional felony charge.

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 Posted on July 17,2020 in Criminal Defense

With the resurgence of dating apps and communication through texting and social media platforms, the sending of explicit photos has skyrocketed. Online dating websites that originally relied on computer access and instant messaging have now become even more accessible with smartphones, apps, and a constant Internet connection. A phenomenon known as “sexting” involves the sending of sexually explicit photographs through electronic means. This is a common occurrence with teens and young adults, but it can become a criminal act if the parties are under the age of 18. Sexting can involve both parties’ consent, but can often be unsolicited through dating apps’ messaging platforms. Texas legislators have addressed this issue, taking legal action against the senders of this lewd content.

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 Posted on July 02,2020 in Criminal Defense

In the past, anyone found guilty of a criminal offense was immediately sent to prison to pay for their crimes. Little regard was given to the role that addiction and mental health issues played in the committing of these offenses. As times have changed and more research has been done regarding mental health, it has been found that those who struggle with mental health issues may have external, or internal, influences that keep them from making good decisions. Luckily, the integral role of mental health has been recognized by the Texas Department of Criminal Justice and various programs have been created to keep those with mental health struggles from spending time behind bars.

What Is a Diversion Program?

There are three goals that stem from diversion programs: Presenting sentencing alternatives at the time of conviction, presenting sanctioning alternatives to revocation, and reducing the likelihood of recidivism, or returning to prison. Diversion programs vary depending on the offense and the unique circumstances of the offender, but options are available whether the offense is a minor misdemeanor or a serious felony. For example, those with a minor drug charge and no other criminal offenses may be required to complete a drug education program or participate in rehabilitation for a certain period of time. This becomes their “sentence” rather than spending time in prison or paying exorbitant fees. The purpose of diversion programs is to focus on education and rehabilitation rather than locking certain offenders away. This is meant to prepare individuals for life moving forward and keep them from committing crimes in the future.

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 Posted on June 30,2020 in Personal Injury

In late March, Texas Governor Abbott urged Texans to remain at home unless deemed an essential worker or participating in an essential activity. This resulted in the temporary closing of many small businesses, restaurant services switching to takeout-only, and much of the Texas workforce working remotely from home. Because of this, Texas roadways had fewer drivers and a reduced number of vehicles on city streets. A recent report showed shocking statistics for a number of states, including Texas. Despite reduced traffic, Texas saw a 6 percent increase in roadway deaths within the first three months of the year. Texas is not alone and the National Safety Council (NSC) has a few explanations for the surprising numbers. In order to address this increase in reckless driving, law enforcement may be recording speeding and other traffic violations more often than normal.

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 Posted on June 15,2020 in Criminal Defense

In the past few years, many states have begun to navigate the divisive waters of marijuana legalization. Some states have accepted the change and have legalized all forms of marijuana use, including recreational, while others have remained strict on the matter. Texas is one of the few states that has stayed headstrong in the fight to keep marijuana out of the hands of citizens. While medical use has been legalized for certain conditions, recreational use is strictly forbidden throughout the state. Drug laws can seem convoluted to the average citizen and even to law enforcement, as some forms of the cannabis plant have been accepted by Texas lawmakers. 

What Is Legal?

Since the signing of the Texas Compassionate Use Law in 2015, medical cannabis is legal for a limited number of medical conditions. These include epilepsy, multiple sclerosis, Lou Gehrig’s disease (ALS), and Parkinson’s disease. If you do not have any of these conditions, medical marijuana treatments remain out of the question for your prescriber.

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 Posted on June 01,2020 in DWI

In addition to a standard driver’s license, Texas truck drivers must go through significant training to obtain the proper license to drive commercial vehicles. Understanding the dangers that they can pose to other drivers is important for commercial truck drivers, especially since their livelihood depends on their ability to drive safely. One of the stricter regulations that commercial drivers face is the legal limit for blood alcohol tolerance. Operating a vehicle with a 0.08 percent blood alcohol concentration (BAC) is strictly forbidden for all Texas drivers, but commercial drivers have an even lower legal limit at 0.04 percent. Charges of driving while intoxicated (DWI)can threaten a commercial driver’s ability to keep their license and support their family.

Commercial Driving Regulations

In order to keep everyone safe on the road, there are a number of regulations that commercial drivers must follow, including those that are related to the driver’s work behind the wheel and their health. There a variety of operating rules that outline what a commercial driver can and cannot do on the road. For instance, when trucks drive in-line with each other, they must leave enough space for another car to merge between them if necessary. Commercial drivers must also stop at all railroad crossings, even if there is no stop sign telling them to do so. In regards to their personal health, commercial drivers must have vision better than 20/40, and they cannot suffer from drug or alcohol addictions. This last requirement is a way for the state to try to reduce the number of intoxicated commercial drivers who may be behind the wheel.

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