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Recent Blog Posts

What is a Texas Gray-Collar Crime?

 Posted on July 10,2024 in Criminal Defense

TX defense lawyerMost of us have heard of blue-collar and white-collar crimes. Blue-collar crimes are often committed by people of the middle or lower class. Crimes designated as "blue-collar" are often physical and may be aimed at specific businesses or people. Criminal offenses like assault, drug crimes, and theft usually have a clear victim and a clear perpetrator and benefit from a strong criminal defense.

In contrast, white-collar crimes are often—but not always—committed by someone who works in an upper-class position. The person who commits a white-collar crime is usually in a position of trust and power, and there is rarely an obvious victim. White-collar crimes include embezzlement, bribery, internet crimes, fraud, money laundering, and more, and are often tried in federal court.

While these are the most common "colors" of crime, there are many more that few of us have heard of, including "gray-collar crime." If you are being accused of any color of crime, it is essential that you speak to a Floresville criminal defense attorney who is experienced in all types of criminal law. Your lawyer will assess your charges and clearly lay out your options.

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What Happens If You Fail a Breathalyzer or Roadside Sobriety Test?

 Posted on June 10,2024 in DWI

TX defense lawyerOne thing that most people know is against the law is drinking and driving. If a car seems to be swerving too much, driving in an unusual way or seems otherwise not in control, a police officer might pull the driver over to check whether they seem capable of safely driving. A common way to do so is by administering a breathalyzer test. These tests are supposed to show a person’s blood alcohol content (BAC), and if it is above a certain amount, the person is considered intoxicated legally. However, there are many reasons why a breathalyzer test is unreliable. If you failed a breathalyzer test, there is still hope for you to leave the situation without a charge. Speak with a qualified Floresville, TX criminal defense attorney to understand your options.

Inaccurate Breathalyzer Readings

Like most types of technology, whether they are portable roadside devices or those at police stations, breathalyzer testing devices need to be calibrated, maintained, and cleaned regularly to ensure proper functioning so they can determine whether someone is driving under the influence (DWI) of drugs or alcohol. Even if all of that has happened, there are substances that would never put a driver under the influence that could register as alcohol in a breathalyzer. These substances include something as commonly available and harmless as mouthwash. There are also medications that might lead a breathalyzer to mistakenly assume you are under the influence.

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How Can You Apply for Expunction in Texas?

 Posted on May 16,2024 in Criminal Defense

Pleasanton Criminal Defense LawyerIf you have been arrested or charged with a misdemeanor, such as family violence, you may be wondering if there is a way to clear your criminal record. The good news is that you may be eligible for an expunction, a legal process that erases or seals your criminal record, making it as if the arrest or charge never occurred. A Texas lawyer can guide you through the requirements and steps to apply for expunction, specifically for misdemeanor offenses like family violence.

What is the Eligibility for Expunction?

The first step in applying for expunction is determining whether you are eligible. In Texas, you may qualify for expunction of a misdemeanor if you meet one of the following criteria:

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Your Rights During a Police Interrogation in Texas

 Posted on April 16,2024 in Criminal Defense

Jourdanton criminal defense lawyerConfronting a police interrogation is intimidating, particularly if you are uncertain about your rights. You should be aware of your legal rights during an interrogation because you have more rights than you probably think. A Texas lawyer can help you understand your rights and when to consider moving forward with legal action.

Know Your Miranda Rights

Upon being taken into custody and interrogated by the police, officers must inform you of your Miranda rights. These rights include the following:

  • The right to remain silent
  • The right to legal representation
  • A warning that anything you say may be used against you in a court of law

If the police do not read you your Miranda rights, any statement you make during an interrogation could be deemed inadmissible in court.

You Have the Right to Remain Silent

One of the most important rights you possess during a police interrogation is the right to remain silent. You are not required to respond to questions asked by the police, even under pressure. Respectfully tell the officers that you are exercising this right and will not respond to any questions until your attorney is with you.

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Common Defenses for Drug Possession Charges in Texas

 Posted on March 20,2024 in Criminal Defense

Wilson County criminal defense lawyerIf you are facing drug possession charges, it is crucial to understand your rights and potential defenses. A Texas lawyer can help you navigate the complex legal system and develop a strong defense strategy tailored to your specific case. It is important to do this strategically so that legal representation is beneficial.

Unlawful Search and Seizure

One of the most effective defenses against drug possession charges is challenging the legality of the search and seizure that led to the discovery of the drugs. Under the Fourth Amendment of the U.S. Constitution and Article I, Section 9 of the Texas Constitution, individuals are protected against unreasonable searches and seizures.

If law enforcement officers violated your constitutional rights by conducting a search without probable cause, a valid warrant, or your consent, your attorney can file a motion to suppress the evidence obtained during the illegal search. If the motion is granted, the drugs cannot be used as evidence against you, potentially leading to a dismissal of the charges.

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What to Expect When Facing Pyramid Scheme Charges

 Posted on February 20,2024 in Criminal Defense

Pleasanton criminal defense lawyerBeing charged with operating or participating in a pyramid scheme can be an overwhelming and frightening experience. It is important to know what you may be up against to improve any chance of lowering or potentially dismissing the charge. A Texas criminal defense lawyer can guide you on the most ideal approach.

The Accusations

The accusations will claim that you deliberately tricked individuals into joining and providing money to an organization you knew would collapse. Prosecutors will attempt to portray your actions as intentional fraud rather than a lawful multi-level marketing structure. Expect accusations around things like:

  • Promising unreasonable returns for joining and recruiting others
  • Emphasizing recruiting over actual product sales
  • Requiring large upfront payments to participate

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What Is the Process for a First Offense DWI in Texas?

 Posted on January 15,2024 in DWI

TXGetting arrested for your first DWI in Texas can be a scary and overwhelming experience. A Texas DWI defense attorney can help guide you through the process and consequences to expect after a first-time DWI charge.

What to Know About The Arrest

If a law enforcement officer pulls you over and suspects you of driving while intoxicated, they will typically conduct a series of roadside sobriety tests and a breath or blood test to check your blood alcohol content (BAC) level. If your BAC is 0.08% or higher and the officer determines you are intoxicated based on the tests, you will be arrested and taken to jail.

At the jail, you will be fingerprinted, photographed, and formally charged with a DWI. You will also have the option to take an additional breath or blood test. After processing, you may be held in jail until sober or released on bail. Those arrested must arrange for transportation, as your license will be confiscated if you fail the sobriety tests.

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What to Do When Your Company Gets Charged With Corporate Fraud

 Posted on December 15,2023 in Criminal Defense

Blog ImageBeing accused of fraud or illegal financial dealings can shake any business to its core. Even lawful companies following accounting rules and regulations still find themselves caught in an investigation’s crosshairs or formally charged with crimes at times. There is enormous pressure to make the right moves legally while also maintaining operations, public trust, and sanity

While the situation seems immensely daunting, there are key strategic steps management can take when faced with corporate fraud allegations. Staying level-headed is vital and can be more doable alongside a Texas defense lawyer.

Do Not Panic, Assess the Situation

Getting that call or letter that your business is under investigation or being formally charged with fraud can create panic. However, taking strategic steps is vital. Carefully review the allegations against your company and the applicable laws. Gather all the facts to understand the scope of suspicion and realistic worst-case scenarios. Slow things down to make careful rather than rushed judgments.

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Are There Ways to Defend Against a Murder Charge?

 Posted on November 16,2023 in Criminal Defense

Murder Defense Texas Attorney

Facing a murder charge in Texas is a very serious matter. It could lead to life in prison or even the death penalty. Texas is known for being strict when it comes to murder cases. If you find yourself in such a situation, it is crucial to contact a skilled criminal defense Texas attorney right away. They can help you build the best defense for your case.

What is Justifiable Homicide?

Police arrive on the scene of a murder with no understanding of what may have taken place in the moments leading up to the killing. In some cases, a person merely acted in self-defense and can be erroneously arrested and charged with murder. Texas law carves out a number of situations where a homicide can be considered justifiable. Under Texas’s Castle Doctrine, if someone has forcibly broken into your home, vehicle, or place of business, they are considered a likely danger to you. In many cases, using deadly force against an intruder is considered justified. It is generally reasonable to assume that someone who has broken into your home intends to cause serious harm to you or your family, and employing deadly force to protect yourself or your family is legally justified. However, the force used in self-defense must be proportionate to the threat - for example, shooting someone for slapping you would not be justified. Nor would using deadly force in response to a strictly verbal threat.

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Should I Worry About DWI Charges and Losing My Driver’s License?

 Posted on October 20,2023 in DWI

TX DWI lawyerAnyone facing driving while intoxicated or DWI charges should act quickly to prevent things from getting worse. At BRCK Criminal Defense Attorneys we understand that you may feel confused and overwhelmed. Perhaps getting behind the wheel was a lapse in judgment. The moment you realize your driver's license might be on the line, it can get downright nerve-wracking! You need a Texas DWI attorney who can help right away.

How Do DUIs and DWIs Differ?

A DUI is a Class C misdemeanor, while a DWI is a serious Class B misdemeanor charge. The Texas Penal Code defines driving while intoxicated as driving a vehicle in public when the driver has been drinking alcohol or another controlled substance, and their blood alcohol concentration or BAC is .08 or higher. You could end up in jail for up to six months and have to pay a $2,000 fine. It does not matter if this is your first DWI or not, you could have your license suspended for up to two years. 

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