Recent Blog Posts
Commercial DWI Defense for CDL Drivers in Texas
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.
What Happens When You Violate Probation in Texas?
Violating 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.
The Lasting Consequences of a DWI Conviction in Texas
Being 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.
What Qualifies as a Probation Violation in Texas?
If 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.
Can Police Use Deception During Interrogations in Texas?
Police in Texas use deception when interrogating suspects, but within limits. They cannot cross ethical or legal lines. Understanding exactly when the tactics become unacceptable is key. If brought in for questioning, you must know your rights. Deceptive police tactics can wrongly pressure people into admissions or false confessions. Working with a lawyer can help you so you know when and how to answer the questions.
Common Types of Deceptive Interrogation Tactics Used in Texas
Among the most frequent deceptive tactics Texas police use are:
- Falsely claiming eyewitnesses identified the suspect when no witnesses actually exist.
- Bluffing that a suspect’s friend, accomplice, or co-defendant has already confessed and implicated the suspect, in order to elicit admissions.
What Are the Penalties for Marijuana Possession in Texas?
In recent years, there has been a growing shift in public opinion regarding marijuana use. The majority of states allow the use of marijuana for medical purposes, and some states have also legalized the drug for recreational use. However, it is important to remember that marijuana is still considered an illegal controlled substance under federal law and in Texas. If you are facing drug charges for marijuana possession in Texas, it is crucial to understand the potential consequences you may face if you are convicted.
Marijuana Laws in Texas
Texas has some of the strictest drug laws in the United States when it comes to marijuana. The possession, sale, distribution, or cultivation of any amount of marijuana is considered a criminal offense. The severity of the offense depends on several factors, such as the amount of marijuana involved and whether there was an intent to distribute.
What Happens if I Am Charged with Possession of Child Pornography in Texas?
Originally published: December 27, 2021 -- Updated: August 17, 2023
Update: As described below, accusations that someone has possessed child pornography can lead to multiple types of serious consequences. However, it is also important to understand when a person could potentially be accused of promotion of child pornography, which is an even more serious offense. This sex crime can not only result in large fines and multiple years of jail time, but a person who is convicted will be required to register as a sex offender, which can limit where they will be able to live and affect their ability to find employment.
Promotion of child pornography generally involves the distribution of illegal materials to others. Actions like transmitting digital files to someone else may lead to these types of charges. However, other activities may fall into this category, such as printing photographs, displaying videos to others, or advertising or offering to sell or distribute child pornography. Any attempts to give, deliver, or transfer materials that depict minors engaging in sexual conduct to others may result in charges of promotion of child pornography. In fact, possessing at least six identical copies of materials that are considered child pornography creates the presumption that a person intends to promote child pornography.
When Can a Person Be Charged With Aggravated Robbery in Texas?
Of the different offenses that can result in criminal charges in Texas, robbery is among the most serious. Because it is usually considered a violent crime, accusations of robbery can result in harsh treatment from law enforcement, and a person will face felony charges. However, there are some cases where a charge may be elevated to aggravated robbery, and a conviction could result in even more serious penalties. By understanding the elements that may elevate a robbery charge to aggravated robbery and the potential consequences of an aggravated robbery conviction, those who are accused of this offense can determine their best options for addressing the charges. With the help of a skilled and experienced criminal defense attorney, a person can take steps to avoid a conviction or resolve their case with minimal penalties.
What Are the Penalties for Murder in Texas?
Killing someone else is one of the most serious crimes a person can commit, and if a person's intentional actions led to someone's death, they may face murder charges. Those who are found guilty of this crime can face severe consequences, including life imprisonment and even the death penalty. For anyone who could potentially face murder charges, it is essential to understand the nature of the charges, the potential penalties for a conviction, and the options for defense.
Murder and Capital Murder Charges
The offense of murder generally involves intentionally killing someone or knowingly taking actions that lead to a person's death. However, a person may also be charged with murder if they took actions that were intended to cause someone to suffer serious bodily harm, and these actions led to someone's death. For example, a vicious beating with a weapon such as a baseball bat is likely to cause serious bodily injuries, and if the victim dies from their injuries, the perpetrator may be charged with murder.
UPDATE: What to Know About Public Intoxication Laws in Texas
Originally published: July 19, 2022 -- Updated: May 29, 2023
Update: In addition to the potential criminal charges for public intoxication described below, there are several other offenses that you could potentially be charged with in these situations. These may include:
- Disorderly conduct - This offense may involve a variety of activities that people may engage in when they are drunk or intoxicated. Using abusive or vulgar language or making offensive gestures in a way that breaches the peace, threatening someone in an offensive manner, making unreasonable amounts of noise, getting into fights or physical altercations, or exposing one's genitals or anus may result in Class C misdemeanor charges. Displaying a deadly weapon in a way that is meant to alarm others or discharging a firearm in a public place may result in Class B misdemeanor charges.