Posted on July 15, 2019 in Criminal Defense

Seeing the red and blue flashing lights behind you is a situation that every driver hopes to avoid. You slow down, pull over to the side of the road, and hope that you do not receive a high-priced ticket. What many people fail to realize is that paying a large fee is not the only legal consequence of a traffic violation, and in many cases, even those who do not receive a ticket may still face penalties or consequences to their driving records.

What Is the “Point System?”

Every Texas traffic violation is put on record and has “points” attached to it. The more serious the violation, the higher the points. Unlike many states, Texas only has two categories of violations that determine the number of points. Any Texas or out-of-state traffic conviction will warrant two points added to the driver’s record and any Texas or out-of-state conviction resulting in a collision will result in three points. These numbers may sound low; however, even having two points on your record can translate to financial consequences such as higher insurance premium rates. 

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 Posted on June 25, 2019 in Criminal Defense

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 Posted on May 31, 2019 in DWI

Driving under the influence of alcohol or drugs is illegal in all 50 states. Police routinely look for drivers who break the law, sometimes setting up checkpoints to stop motorists. If you have been arrested for driving while intoxicated (DWI) in Atascosa County, you should discuss your case with a criminal defense lawyer to see if the charges can be reduced or dropped.

DWI Penalties and Fines

The penalties and fines for a DWI in Texas vary depending on the number of offenses a driver has been charged with. Fines range from $2,000 for a first DWI offense up to $10,000 for a third offense. You can spend anywhere from a few days to 10 years in jail if convicted of DWI. Regardless of the number of offenses, you could lose your driver’s license for up to two years. You may also have to pay an annual fee for a few years to keep your driving privileges. Under Texas law, two or more DWI convictions within a five-year period will result in the mandatory installation of an ignition interlock device that prevents your vehicle from operating if alcohol is present in your system.

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 Posted on May 22, 2019 in Criminal Defense

Okay, so it’s not a date, it's an interrogation by a person with a badge either on the side of your car or in a police station interview room. Unfortunately, most people in this situation make the mistake of thinking that the more you talk, the better off you’ll be. It’s natural. It’s normal. And it’s usually a complete disaster.   

First, let’s begin with the basics: You have a right to remain silent. Those words are in your history books, on every TV crime show, and by now, in your very DNA. The officer will sometimes read you that exact line along with your other Miranda warnings. Then he’ll stare at you for a long time and wait for you to speak. Silence begs to be filled.  Other times, he’ll tell you the infamous line uttered in the title: “This will go a lot better if you just talk to me.” Unfortunately, this is only similar to a date in that you two totally want different things out of it. The officer typically wants to confirm his suspicions (or he wouldn’t be talking to you in the first place) and you just want to go home and forget the whole thing ever happened.  

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 Posted on May 22, 2019 in DWI

Whether you are arrested for underage DWI, first-time DWI, or multiple DWIs, the penalties and impact on your daily life can be severe. Those convicted of DWI can have a hard time securing the job they want, getting loans, and other difficulties. When facing any DWI charge, it is critical to enlist the services of a skilled DWI lawyer who can fight for reduced or dropped charges.

Depending on your criminal record and the circumstances of your DWI charges, your attorney may be able to arrange probation, which is beneficial in many ways. 

DWI Probation for Adults

In DWI cases, an adult is anyone age 21 or older. Any adult convicted of DWI may be required to complete an alcohol education program and a 12-hour intervention program (32 hours for repeat offenders), in addition to a driver’s license suspension up to two years if it is a first-time offense.

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 Posted on May 16, 2019 in DWI

A DWI conviction in Texas can severely impact your life, including your ability to get the job you want and secure financial loans. Even a first-time DWI leaves a significant stain upon your criminal record, along with the potential for up to six months in jail, a two-year driver’s license suspension, $2,000 in fines, and more. Possible penalties escalate substantially if you are arrested for multiple DWIs.

Regardless of your criminal history, you have rights under Texas and federal law. If you believe the police violated your rights, an experienced criminal defense attorney can conduct a full investigation of your case to find out for sure. They can also determine if law enforcement officers failed in any of their other duties during your arrest.

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 Posted on May 14, 2019 in Criminal Defense

Protective orders are often misunderstood and are often shrugged off as unimportant. It might be thought that because it is not a criminal charge, it is no big deal.  Wrong!  A protective order can be a huge deal.  It is a powerful tool that prosecutors and private attorneys can wield to restrict a person's constitutional rights.  A full understanding of what a protective order is, and how to respond when faced with the possibility of having one against you, is extremely important.  

What is a Protective Order?

In its most simple form, it is an order given down from a Judge restricting the access and rights of a person who was found to have committed family violence.  A person is entitled to the protection of one if the court finds that family violence has occurred and is likely to occur in the future.  Most protective orders last 2 years.  In more serious cases involving serious bodily injury or felony assaults, the order can last much longer.    

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 Posted on May 07, 2019 in DWI

If you are arrested for DWI in Texas, or you refuse a blood-alcohol test after being pulled over by law enforcement, and you do not immediately take steps to protect your driver's license, it can be suspended anywhere from 90 days to two years. If you are a commercial driver’s license (CDL) holder, it can be an automatic one-year revocation. 

Often a court will order an individual to have their vehicle equipped with an ignition interlock device (IID) as a condition of their bond or as a condition of probation. This device will only allow a vehicle to start once the driver has successfully passed a breathalyzer test. The driver may also be required to provide periodic tests while the vehicle is in operation. 

To secure IID eligibility, and to achieve the best possible outcome in your DWI case, seek legal representation from an experienced criminal defense attorney as soon as possible.

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 Posted on May 01, 2019 in DWI

Like every state, driving while intoxicated laws are aggressively enforced by police and the courts in Texas because statewide, a person is injured or killed in an alcohol-related crash every 20 minutes.

Regardless of whether you are a first-time DWI offender or you have multiple DWI charges on your criminal record, a DWI conviction can severely impact your life. As a Class B misdemeanor, a DWI can result in anywhere from three days to six months in jail, a license suspension of up to two years, and $2,000 in fines. A DWI charge can negatively affect your employability, especially if you perform a job that requires a commercial driver’s license (CDL).

Still, like any criminal allegation, with a DWI, you are innocent until proven guilty, and the burden rests with the prosecutor to prove that guilt. There a numerous ways your DWI charge can be dismissed. Here are some of the possible DWI defense strategies a skilled criminal defense lawyer can pursue on your behalf:

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 Posted on April 26, 2019 in DWI

What is a DWI?

DWI is short for Driving While Intoxicated. In Texas, DWI is defined as having lost the normal use of your physical or mental faculties or having a blood alcohol concentration above .08.

Is a DWI the same thing as a DUI?

No, these are very different legal terms. A DWI, or Driving While Intoxicated, refers to someone who is driving a vehicle and has lost the normal use of their mental or physical faculties. However, a DUI, or Driving Under the Influence, refers to someone under the age of 21 with any detectable amount of alcohol in their system. 

How do the police test for blood alcohol concentration?

After your arrest, the police will either ask you to submit to a breath test or a blood draw. 

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