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Recent Blog Posts

How Do I Dodge a Traffic Violation?

 Posted on August 23,2022 in Criminal Defense

TX defense lawyerHave you been charged with a traffic violation? While a traffic violation is nothing to scoff at, it is one of the most common types of offense people make. This offense is especially prevalent in Texas as there are a number of possible violations you could be cited for. The most common violation is texting and driving, and in some municipalities, it is even illegal to answer a phone call or look up directions while driving. Texas is such a large state and it is crucial to be aware of your specific town’s laws surrounding safe driving.

Some overarching laws to become familiar with are the most frequent, such as motorcycle lane splitting, speeding, DWI, not wearing seatbelts, neglect of appropriate child car seats, texting while driving, and using a mobile device. Driving citations can also be issued without the driver getting pulled over, as it is common practice for tickets, especially those for speeding, to appear in the mail.

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UPDATE: Can I Be Charged for Shooting Someone Who Is On My Property Illegally?

 Posted on August 12,2022 in Criminal Defense

Atascosa County criminal defense attorney weapons charges

Originally published: August 7, 2020 -- Updated: August 12, 2022

Update: As discussed below, there are certain situations where the use of deadly force may be justified if a person is defending their property, including their home or their vehicle. In fact, the laws in Texas allow deadly force to be used to prevent the commission of multiple types of crimes, including burglary, arson, robbery, or aggravated robbery. However, this law also applies in cases where a person is allegedly attempting to commit theft or criminal mischief during the nighttime, and a person may use deadly force to prevent someone from fleeing after committing any of the offenses listed above. Generally, deadly force is considered to be justified if a person believes that they have no other options for protecting or recovering their property or if the use of non-deadly force would put them or someone else at risk of being seriously injured or killed.

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DWI Cases Involving Blood Alcohol Test Errors

 Posted on July 27,2022 in DWI

TX defense lawyerA key element of any driving while intoxicated (DWI) case is the driver’s blood alcohol level. In Texas, a driver is considered intoxicated if his or her blood alcohol concentration (BAC) is 0.08 percent or higher. While a BAC over the legal limit is not always required to secure a DWI conviction, a driver’s blood alcohol level inevitably plays a major role in a DWI case.

BAC is often determined using a breath test or blood test. However, these tests are not infallible. Multiple issues can occur during testing that invalidate test results. This blog will describe common issues with blood alcohol tests that can be used to defend against DWI charges.

Blood Alcohol Test Results May Be Incorrect

Blood tests are generally believed to be the most accurate way to assess a person’s level of alcohol intoxication. However, these tests must be prepared, administered, and analyzed correctly to yield accurate results.

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What Should I Do If I Was Charged With Continuous Family Violence?

 Posted on July 22,2022 in Criminal Defense

TX defense lawyerCrimes against family and household members are often classified differently than offenses against non-family members. In Texas, domestic violence or abuse of a child, spouse, romantic partner, ex, parent, or roommate can lead to criminal charges for family violence.

Family violence charges already carry significant criminal penalties. However, if an individual is accused of family violence several times within a certain period, he or she may face charges for “continuous family violence.” Continuous family violence is a felony offense that carries a long maximum prison sentence and other devastating consequences.

Multiple Charges for Family Violence

Texas law prohibits violence against current or former family and household members. Assault family violence involves injurious or offensive physical contact with another person and is classified as a Class A misdemeanor. However, if the defendant has previous convictions for domestic assault or is accused of choking the victim, assault family violence is a third-degree felony. If you are convicted of misdemeanor assault family violence, you face up to a year in jail and a maximum fine of $4,000. If you are convicted of felony family violence, you face up to ten years in prison and a maximum fine of $10,000.

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Understanding Disorderly Conduct Charges in Texas

 Posted on July 13,2022 in Criminal Defense

TX defense lawyerCompared to many criminal offenses, disorderly conduct is a minor offense. Typically, disorderly conduct is penalized with fines and, possibly, probation. However, a conviction for disorderly conduct can still influence a person’s life in many ways – especially if the alleged offender is a juvenile. If you or your child were accused of disorderly conduct, read on to learn more.

What is Disorderly Conduct?

Unlike other criminal offenses such as drunk driving, disorderly conduct is not well defined in Texas law. Disorderly conduct can involve:

  • Getting into a fight or physical altercation with someone
  • Making an offensive or obscene gesture at someone with the intent of starting a fight
  • Using profane language intended to provoke someone
  • Music or other noise that is more than 85 decibels or that violates local noise ordinances

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Three Defense Strategies for Assault Charges in Floresville

 Posted on June 29,2022 in Criminal Defense

TX defense lawyerAssault is defined in Texas law as intentionally or recklessly causing or threatening harm to or offensive contact with another person. The terms “assault” and “battery” are often used interchangeably. However, these are two different criminal offenses. Battery refers to conduct that results in actual bodily injury. Someone can be charged with assault even if they do not hurt the other person. Verbal threats, threatening gestures, or contact that is offensive, such as poking someone in the chest or shoving him or her backward, may lead to assault charges.

Many people find themselves facing assault charges because they got into a heated argument with a family member or friend. Bar fights or altercations in public can also lead to assault charges. If you or a loved one have been charged with assault, speak with a criminal defense lawyer as soon as possible. Your lawyer can help you build a strong defense to fight the charges.

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Do I Have to Take a Breathalyzer Test if I am Pulled Over in Texas?

 Posted on June 17,2022 in DWI

TX DWI LawyerImagine the following scenario: You are driving down the road when you hear police sirens. You look in your rearview mirror and see flashing lights. You pull over and a police officer approaches your window. He suspects you of driving while intoxicated (DWI) and wants you to take an alcohol breath test or breathalyzer.

Do you have to comply? What happens if you refuse a breathalyzer test in Texas?

Clearing Up the Confusion Regarding DWI Arrests and Breath Tests

Breath alcohol tests are used to determine whether a person has been drinking. These tests are often used during traffic stops to provide police with probable cause for an arrest. There are two types of breath tests used in drunk driving cases: The breath test that police officers carry with them and use during traffic stops is a portable breath test. Results from portable breath tests like these are not admissible as evidence in a DWI case. These tests are used to justify a drunk driving arrest and take a driver into custody.

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When Do Police Have the Right to Search My Car?

 Posted on June 10,2022 in Criminal Defense

TX defense attorneyCriminal charges for driving while intoxicated (DWI) and drug possession are often the result of a traffic stop. Police may see someone weaving in and out of lanes, speeding, or otherwise driving in an unsafe manner and pull the driver over. Once the vehicle is stopped, the police may initiate a search of the vehicle. Sometimes, officers bring in K-9 police dogs who smell the car for signs of drugs or other illicit items.

If you are like many people, you may have questions about how and when police can search a person’s vehicle. Do police need a warrant to search someone’s car? Should I give police permission to search the vehicle if I have nothing to hide? Read on to learn more about your rights regarding police vehicle searches in Texas.

Unreasonable Search and Seizure

The Fourth Amendment to the Constitution prohibits “unreasonable search and seizure” of personal property. Police cannot search a person’s property or take property without justification. However, understanding what constitutions an “unreasonable” search is not always easy to determine. Furthermore, the right to be free from search and seizure varies based on the type of property in question.

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Can I Expunge My Criminal Record?

 Posted on May 25,2022 in Criminal Defense

TX defense lawyerA criminal record can follow a person for years or even decades, making it hard to find employment, housing, and educational opportunities. Having a criminal record can also damage a person's personal or professional reputation. If you have ever been charged with a crime, you probably know this all too well. Fortunately, Texas law allows certain individuals to expunge or clear their criminal records.

Erasing Your Criminal Record Through Expungement

Many people are surprised to learn that being arrested for a crime results in a criminal record even if the person is never convicted of the crime. When an arrest is expunged, it is completely erased from the person's criminal record. This means that employers, landlords, and the public can no longer view the arrest.

You may be about to get a criminal record expunged if:

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Understanding Lack of Probable Cause as a DWI Defense Strategy

 Posted on May 19,2022 in DWI

TX DWI lawyerThe power and authority held by police officers are not without limit. Police are bound to certain procedures and rules when it comes to traffic stops, arrests, and interrogations. When police act in violation of these rules, it can have a significant impact on a criminal case.

One potential defense strategy in a Texas DWI case is lack of probable cause for the initial traffic stop or the DWI arrest. If police do not have probable cause, evidence obtained by police may be inadmissible during the DWI case.

Police Need Reasonable Suspicion of a Crime to Pull Someone Over

The Constitution and other legislation require police officers to have justification for a traffic stop or arrest. Police cannot lawfully pull someone over solely because of their race or the neighborhood they were driving in. They must have a reasonable suspicion that a crime was committed. For example, police may pull someone over if they witness a driver run a red light or weave in and out of lanes or if the driver has a broken taillight. Police must be able to point to the specific reason that they pulled someone over. If they cannot give a valid reason for the initial traffic stop, evidence obtained during the traffic stop (such as breathalyzer results) may be thrown out.

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