Recent Blog Posts
Understanding Disorderly Conduct Charges in Texas
Compared 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
Three Defense Strategies for Assault Charges in Floresville
Assault 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.
Do I Have to Take a Breathalyzer Test if I am Pulled Over in Texas?
Imagine 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.
When Do Police Have the Right to Search My Car?
Criminal 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.
Can I Expunge My Criminal Record?
A 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:
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.