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Recent Blog Posts
Understanding Lack of Probable Cause as a DWI Defense Strategy
The 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.
3 Money Laundering Scams Texas Residents Should Be Aware of
Money laundering is the process of making money acquired through illegal means appear legitimate. The “dirty” money is transformed into “clean” money in the hopes of avoiding criminal culpability for the illegally obtained funds. Money laundering is a crime punishable by jail time and other serious penalties. However, some people involved in money laundering schemes are not even aware that they are committing a crime. They may believe that they are working a legitimate job or even that they received a stroke of good fortune.
Read on to learn about some of the most common money laundering scams and how people get caught up in these scams.
Fake Lottery Winnings May Be Money Mule Scams
Finding out that you won prize money in a sweepstakes or lottery is great news. Unfortunately, scammers often use fake prize money to manipulate unsuspecting victims. The victims are told that they must pay some type of shipping and handling fee or tax fee before they can collect the prize money. However, the alleged prize money is fictitious and the victims never receive it. In some fake lottery scams, the victims are even tricked into laundering profits from criminal activities by receiving money and sending it to another party.
What You Should Know About Plea Deals In a Texas Drug Crime Case
Texas has some of the strictest drug laws in the country. Penalties for drug offenses are harsh and often include significant prison time. If you or a loved one were charged with drug possession, drug manufacturing, drug delivery, or another drug-related offense, it is important to understand your rights and options fully. Prosecutors often offer a plea deal or plea bargain to criminal defendants charged with drug crimes. Before you accept a plea deal, speak with a knowledgeable criminal defense lawyer to ensure you make the best possible decision.
Pleading Guilty to a Lesser Charge
People charged with a criminal offense are given the option to plead guilty or not guilty to the crime. Pleading guilty is admitting to the offense. Pleading not guilty means that the person intends to fight the charges at trial. In many criminal cases, the prosecution offers the defendant a plea deal. Essentially, a plea deal or plea bargain is a chance for the defendant to plead guilty to an offense in exchange for some type of benefit. For example, the prosecution may offer the defendant the chance to plead guilty to a lesser criminal offense in exchange for the prosecution dropping the original charges against him or her. The prosecution may also offer a reduced sentence in exchange for the defendant’s guilty plea. The defendant may accept the plea bargain or turn down the deal and take his or her chances at trial.
Drunk Driving Arrests: Are Breath Tests Always Accurate?
If you or a loved one were arrested for drunk driving, you need to know all of your rights and options. Driving while intoxicated (DWI) is penalized harshly in Texas. Depending on the nature of the offense and your past criminal history, you could be looking at serious jail time for a DWI conviction. However, a skilled criminal defense lawyer may be able to get your DWI charges reduced or dismissed if he or she can prove that the breath alcohol test you took was unreliable or flawed.
Problems With Breathalyzer Tests in DWI Cases
Breath alcohol tests, sometimes called breathalyzers, measure the amount of alcohol on someone’s breath. This information is used to assess the person’s blood alcohol content (BAC). Essentially, BAC is a measurement of how intoxicated someone is. Having a BAC of 0.08 percent or more is considered “per se intoxication.” In other words, if your BAC is above this limit, you are automatically considered to be intoxicated according to the law.
What To Do When Your Child is Accused of a Juvenile Criminal Offense: 3 Tips for Parents
If you are a parent, you know how hard it can be to raise children. Despite all of your efforts, your child may make mistakes that land him or her in legal trouble. Some teens and young adults end up in the back of a police car because they make poor decisions. Others simply get mixed up with the wrong crowd or are accused of something they did not actually do.
Whatever your child’s situation, you may understandably be anxious and unsure of how to handle the situation. Read on to learn three tips for parents whose children have been arrested for a criminal offense in Texas.
Remember That Your Child Has Rights
Just like adults, children and teens who are arrested have certain rights protected by the U.S. Constitution and other legislation. Your child has the right to remain silent and avoid self-incrimination. Your child also has a right to an attorney. The best advice you can give your child if he or she has been arrested is to say nothing to the police and wait for his or her lawyer to arrive.
How Do Texas Judges Decide on a Sentence?
If you have looked up the potential sentences for the crime you have been or may be charged with, you probably noticed that there is a range. For example, the statutory sentence for a given crime might be “2 to 6 years imprisonment,” or “not more than one year in jail and/or a fine of no greater than $5,000.” This is because no two crimes are alike. Even if two people are charged with the exact same offense, there is still the likelihood that the circumstances of one crime are more serious than the other. One person convicted of assault may have caused greater harm to the victim, for example. Judges have quite a bit of discretion in Texas sentencing. Even if you believe that a conviction is inevitable, there is still a lot a lawyer can do to help you during sentencing.
What Kinds of Factors Suggest that Lighter Sentencing is Appropriate?
Circumstances that make a crime less serious than the charge a defendant is convicted of suggests are called “mitigating factors.” If there are a lot of mitigating factors present, the court will likely opt for a sentence that is at the lower end of the statutory sentencing range. Mitigating factors could be the difference between jail time and probation. These factors include:
5 Types of Assault Charges in Texas
Assault charges in Texas are divided up into different offense levels, from Class C misdemeanors to first-degree felonies. The general definition of an assault under our state’s law is injuring or threatening to injure another person or making provocative or offensive contact with another person. From there, there can be facts and circumstances that make the offense of assault more serious, or less serious. The exact type of assault you are charged with can depend on any number of things. If you are facing any type of assault charge, it is important that you take the situation very seriously. Having even a less serious misdemeanor assault on your record can close doors. Your first step is contacting a good criminal defense lawyer.
What Are the Types of Misdemeanor Assault?
Misdemeanor assault charges are typically brought when the victim had only very minor injuries or no injuries. Common levels of misdemeanor assault charges include:
5 Ways to Defend a Drug Possession Case in Atascosa County
A conviction for drug possession carries some very negative stereotypes. Even if it is not true, you could be labeled an addict or habitual user. You could have trouble finding rental housing because landlords are reluctant to rent to people they suspect may use or keep drugs in the property. Even if you are only charged with a misdemeanor, a drug conviction could have a serious impact on your life. Fortunately, there are a number of strategies an attorney may be able to use to help you avoid a conviction. If you are facing drug possession charges, it is important to speak to a qualified attorney right away.
What Are Some Defenses Used in Drug Possession Cases?
Just because there were illegal drugs in your vicinity does not necessarily mean that a possession conviction is a sure thing. Some defense strategies your lawyer may use include:
- Illegal search - The Fourth Amendment to the U.S. Constitution bans unlawful searches. Any evidence found during an unlawful search cannot be used against you in court. Your lawyer will evaluate the circumstances under which you were found with drugs in your possession to determine whether the police had a legal right to search you.
What Mistakes by Police Can Defeat a DWI Charge?
Police officers can sometimes be their own worst enemies when it comes to securing DWI convictions. If they follow the legal procedures as well as their own department’s procedures, it can be difficult to overcome a DWI charge. However, this does not always happen. An error at any point, from when they first spot a suspected intoxicated driver through booking can open the door for a strong legal defense. This is why experienced DWI attorneys begin each case by looking for any mistakes made by law enforcement during the process that could make the case more difficult for the prosecution to prove. If you are facing DWI charges, your best bet is to work with a skilled DWI attorney who is familiar with all the procedures that must be followed during a DWI stop and arrest.
What Types of Errors Can Interfere With a DWI Prosecution?
The most important errors that frequently occur in DWI cases tend to either relate to sobriety testing, or a suspect’s constitutional rights. They include:
What Is Deferred Prosecution for Texas Juveniles?
Finding out that your minor child has been arrested can be terrifying. You may be worried not only about having your child locked up in a juvenile detention center, but also about how this will affect their future. Colleges and trade schools, as well as employers, may consider a person’s juvenile record. No matter which path your child plans to take after high school, a juvenile conviction could get in the way. You should also know that if your child was at least 14 years old at the time of their alleged offense, there is a risk that they could be tried and sentenced as an adult.
Texas does have a program called “deferred prosecution.” This program could provide a way to have the charges ultimately dismissed. There are steps an attorney can take to try to help your child get into this program.
How Does Deferred Prosecution Work?
In general, deferred prosecution allows juvenile offenders to have their charges dismissed after successfully completing probation. It is typically only available to first-time juvenile respondents. When an alleged juvenile offender is accepted into this program, the prosecution against them is paused. The juvenile is not required to enter a guilty plea to be accepted for deferred prosecution, which could protect them later. Should your child successfully complete their period of probation, the charge is dismissed.
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1433 3rd St, Floresville, TX 78114
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