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How to Prove Your Resisting Arrest Charge Was Unlawful

 Posted on February 13, 2024 in Criminal Defense

Denton County criminal defense lawyerBeing arrested can be scary and confusing, and you feel unjustified, especially when you know you have done nothing wrong. So when police slap handcuffs on you, it is understandable to pull away or question why it is happening instinctively. However, physically resisting arrest or disobeying officers' orders could lead to additional charges that hurt your case.

If you find yourself accused of resisting arrest, do not panic. With the right evidence and legal argument, you may be able to beat the charge and even have the mistaken arrest wiped from your record. A Texas criminal defense attorney can help you to see if there is any potential to fight your charge.

Were You Unaware You Were Resisting?

Another defense your lawyer might use is that you were unaware you were resisting in the first place. Perhaps you reflexively pulled your arm back when cuffed or did not hear instructions over ambient noise.

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Is it Possible to Get a Felony Charge Dropped?

 Posted on January 27, 2024 in Criminal Defense

Blog ImageBeing charged with a felony offense can be an incredibly stressful and life-altering experience. Naturally, those facing a felony charge will be eager to understand if there are any options to get the charges dropped or reduced to a misdemeanor. While every case has unique details, there are a few common strategies that a Texas criminal defense lawyer can use to advocate for dropped or reduced charges.

File a Motion to Suppress Evidence

One of the most effective ways to get felony charges dropped is by filing a motion to suppress evidence. If there are issues with how evidence against you was obtained by police and prosecutors, your defense attorney can argue that it violates your Constitutional rights and should be inadmissible.

For example, if evidence was seized without probable cause or reasonable suspicion of a crime, your attorney can file a motion to suppress. If the judge agrees that prosecutors or police acted improperly in collecting evidence, the judge may suppress that evidence, which can result in dropped or reduced charges due to lack of evidence.

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Is it Possible to Fight a Probation Violation?

 Posted on January 13, 2024 in Criminal Defense

TX defense lawyerIf you have been accused of violating your probation in Texas, you may feel anxious or defeated. However, it is possible to fight a probation violation allegation. With the help of a Texas criminal defense attorney, you may be able to avoid probation revocation and stay out of jail.

What Constitutes a Probation Violation

There are two main categories of probation violations in Texas: technical violations and substantive violations. Technical violations cover failures to follow administrative probation terms properly, like missing meetings with your probation officer, failing drug or alcohol tests, not keeping probation informed of your current address, traveling outside permitted jurisdictions without permission, or failing to pay fines or fees. More serious violations for things like committing a new crime, possession of contraband, or positive drug tests are considered substantive violations.

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What Does Disorderly Conduct Mean in Texas?

 Posted on December 22, 2023 in Criminal Defense

TX defense lawyerGetting charged with disorderly conduct in Texas exposes you to up to $500 for a class C offense or $2,000 for a class B offense. But what constitutes acts qualifying for disorderly conduct accusations? Understanding the specifics helps avoid confrontations leading to citations. A Texas criminal defense lawyer can help you understand the charges and try to figure out if you have grounds to get them dismissed.

Defining Disorderly Behavior

Texas statute states that disorderly conduct is when an individual intentionally or knowingly uses “indecent, vulgar, abusive, or profane language in a public place” that incites breach of the peace. Also included is making “offensive gestures or displays” inciting lawless action. So vulgarity and offensive visible expressions causing public unrest meet disorderly conduct criteria.

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Difference Between Theft and Robbery in Texas

 Posted on December 13, 2023 in Criminal Defense

Denton County Criminal Defense Attorney

In Texas, laws break down stealing offenses into categories like theft, robbery, and burglary—each with distinct definitions and penalties behind bars. For anyone facing accusations, understanding precisely how the law classifies your alleged criminal act is crucial to building an appropriate defense. A Texas attorney can help you make sure that you are receiving charges for the proper offense.

Theft Means Taking Property Unlawfully (Without Force)

The basic definition of theft under Texas law states that it involves illegally taking property belonging to someone else, without their consent. Theft can involve anything—money, items, data, services—having tangible monetary value. Charges vary based on what gets stolen and its worth, ranging from misdemeanors up to felony counts carrying years in prison depending on specific case circumstances and the accused party’s criminal record.

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What to Do if You Fail a Drug Test While on Probation in Texas

 Posted on November 22, 2023 in Criminal Defense

Texas Criminal Defense Lawyer

Failing a court-ordered drug test while on probation can have devastating consequences, including potential revocation and incarceration. However, with an experienced Texas lawyer guiding you through the process, options may exist to help with your freedom and negotiate second chances

Seek Legal Representation Promptly

If a failed, positive drug screening comes back from the lab against the terms of your probation, immediately inform your probation officer transparently. You should first discuss the next best steps and strategy in confidentiality with a criminal lawyer, specifically in these matters. In Texas, any admission of guilt to authorities without an attorney present can critically backfire in court.

Assess Any Contraband Defense Excuses in Your Favor

Work with your attorney to determine whether any viable defenses apply to potentially excuse, justify, or cast strong doubt about substance usage on the preliminary findings. Time-sensitive possibilities include procedural flaws or deviations in the handling or testing process, which could compromise validity, false positive substance test results, legitimate passive inhalation issues, or credibly lacking knowledge of or intent for contraband exposure before the collected drug test sample.

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Commercial DWI Defense for CDL Drivers in Texas

 Posted on November 09, 2023 in Drunk Driving / DUI

Texas Criminal Defense Lawyer

Being arrested for DWI in Texas is challenging for anyone, but for commercial truck drivers, it could mean losing your CDL and livelihood. Professional CDL holders face additional penalties and complexities in defending DWI charges. Having an experienced Texas DWI lawyer is crucial. You deserve a fair chance at trying to fight the charge so you do not lose your job.

Enhanced Penalties

Texas has extra penalties for CDL holders convicted of DWI while operating any vehicle, even a personal one. These include automatic CDL suspension for one year for first offense and lifetime revocation for two or more DWIs. Jail time also increases compared to non-CDL drivers.

Additional Charges

Prosecutors often pursue additional charges against commercial drivers like reckless driving, failure to maintain control, hazardously transporting cargo, or endangerment if an accident occurred. These charges can increase fines and sentences if convicted.

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What Happens When You Violate Probation in Texas?

 Posted on October 20, 2023 in Criminal Defense

Denton County criminal defense lawyerViolating your probation terms in Texas has consequences, and the severity will have different factors. Probation grants community supervision instead of jail on condition you follow strict rules. Not following those rules adds penalties. Understanding the process is vital to ensure you follow what you are supposed to do, along with what you should do if you violate your probation. A Texas lawyer can help you understand more of these rules or what to do if you mess up on the rules.

Probation is Like a Second Chance

Probation offers a second chance. It allows you to serve your sentence supervised within society. However, freedom depends on closely obeying all probation requirements laid out by the judge. These often include regular check-ins with your probation officer, maintaining work or education, completing counseling programs and drug tests, adhering to activity restrictions, and performing community service.

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The Lasting Consequences of a DWI Conviction in Texas

 Posted on October 10, 2023 in Drunk Driving / DUI

Cooke County DWI lawyerBeing convicted of a DWI offense in Texas sets off a years-long chain reaction of additional penalties that can negatively impact your finances, career, and overall quality of life long after the conviction itself. Beyond potential jail time and immediate criminal consequences, a Texas DWI conviction initiates a sequence of burdensome costs, barriers, and suspensions that penalize you well into the future. A Texas lawyer can help you with your DWI conviction.

Lengthy License Suspension

Depending on the number of your prior DWI convictions and other case factors, a guilty verdict in Texas can result in the suspension of your driver’s license. Depending on the offense, this can last anywhere from 30 to 180 days. This suspension can have devastating ripple effects for those reliant on driving for work or family transportation. Missed shifts or losing jobs are common outcomes.

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What Qualifies as a Probation Violation in Texas?

 Posted on September 19, 2023 in Criminal Defense

Denton County criminal defense lawyerIf you are serving probation in Texas, violating any probation terms could lead to serious consequences like incarceration or reimposition of a suspended prison sentence. But what kinds of actions could cause a judge to rule you have violated probation? Here are some of the main ways probation can potentially be revoked and how a lawyer can help.

Committing a New Offense

One clear probation violation is being arrested or convicted for a new criminal offense during the probation term. Texas judges do not take probationers breaking the law again lightly, even if charges are dismissed. An arrest, charges, or new conviction could all trigger revocation proceedings.

Failing Drug or Alcohol Tests

Most probation terms strictly require abstaining from all illegal drugs and alcohol consumption. Failing an ordered drug or alcohol test indicates prohibited substance use in direct violation of probation rules. Even testing positive for legal substances like marijuana could be considered a violation by some judges.

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