Posted on March 23, 2023 in Drunk Driving / DUI

The dangers of drunk driving have been well-established. The use of alcohol or drugs can significantly impact a person's ability to operate a vehicle safely, and a person who is intoxicated is much more likely to be involved in an accident that could result in serious injuries or fatalities. Because of these risks, anyone who is accused of operating a vehicle after using drugs or alcohol may face criminal charges for driving while intoxicated (DWI). In most cases, a first-time DWI will be charged as a misdemeanor, and while a variety of penalties will apply, a person usually will not face a lengthy prison sentence if they are convicted. However, there are some situations where a DWI arrest may result in felony charges, and a person may be sentenced to one year or more in prison.

What Constitutes a Felony DWI?

In Texas, the basic charge for driving while intoxicated is a Class B misdemeanor, although a charge may be elevated to a Class A misdemeanor if a person had a blood alcohol concentration (BAC) of .15 percent or more. A second DWI may also be charged as a Class A misdemeanor. Class B misdemeanors have a maximum sentence of six months in prison, and Class A misdemeanors have a maximum sentence of one year.

Continue Reading ››

 Posted on March 13, 2023 in Criminal Defense

There are a variety of different situations in which a person may be charged with theft in Texas. The specific charges for theft will usually be based on the value of the items that were allegedly stolen. However, additional considerations may apply in cases involving retail theft. If you have been accused of shoplifting or charged with retail theft in Texas, it is important to understand the possible penalties you may face. This offense can be very serious, and you could potentially face a sentence in prison as well as large fines. Fortunately, with the help of a criminal defense lawyer, you can determine how to address and defend against these charges.

Specific Charges for Retail Theft and Their Penalties

Retail theft may involve any situations where merchandise is taken from a retail store without the permission of the owner. Many cases involve people pocketing items and walking out without paying for them, but there are other situations in which a person may be accused of taking actions meant to deprive a store owner of merchandise or the money they would have received from customers. For example, people may switch price tags on items or ring up items incorrectly using self-checkouts in order to pay less than the full retail price. These actions may also lead to criminal charges for retail theft.

Continue Reading ››

 Posted on February 06, 2023 in Divorce

In Texas divorce cases, protective orders are not uncommon. Unfortunately, domestic violence and other circumstances that place the safety of others in jeopardy are, too often, key factors in a person’s desire to file for divorce in the first place. 

While getting a divorce may be an important step in distancing yourself from a partner who places you or your children in harm’s way, the divorce process can sometimes take a long time. For people who need protection sooner than later, there are options, known as protective orders, that can keep children out of their partner’s reach before the divorce is finalized. 

Who Can Obtain a Protective Order?

In Texas, there are five situations in which someone may be eligible for an order of protection. In order to obtain a protective order in Texas, one of the following details must be true: 

Continue Reading ››

 Posted on January 14, 2023 in Drunk Driving / DUI

Drunk driving suspects are often asked to blow into a breath-testing device during traffic stops. The device measures the alcohol in the person’s breath which can be used to assess their intoxication level. According to Texas law, a driver with a blood alcohol concentration (BAC) of 0.08 percent or more is considered to be intoxicated and subject to prosecution for driving while intoxicated (DWI). Therefore, the results of breath tests heavily influence most DWI cases.

Many people are unaware that there are two different types of breath tests used by police officers in most states, including Texas. It is important to know how these breath tests can affect a DWI case and what to do if you were charged with drunk driving based on a breath test result.

Portable Breath Tests Are Preliminary Tests

When police suspect a person of driving under the influence of alcohol, they may require the person to complete field sobriety tests or a breath alcohol test—commonly referred to as a “breathalyzer.” Police must have “probable cause” to arrest someone, which means that the officer must be able to cite an objective reason why they believe the person committed a crime. The small, easily transported breathalyzers that most people are familiar with are preliminary breath tests. These tests have only one purpose: establishing probable cause.

Continue Reading ››

 Posted on December 29, 2022 in Divorce

The divorce process can be emotionally and financially draining. When you and your ex cared for your children together under one roof, it may have been easier to work together to take care of your family’s financial needs. However, things change significantly after divorce, and both parents may struggle to make ends meet.

If your ex has not been paying child support, this can cause a great deal of difficulty for you. It may be hard to understand why your ex would be avoiding payments, but here are some common reasons that may explain why the money you need for your child is not coming your way:

Changes in Finances

Your ex might not be paying child support because they do not have the money to give. The amount of child support payments specified in a divorce judgment is based on the paying parent’s net income at the time of the divorce. Issues such as a job loss or large medical expenses can affect how much your ex is able to pay. If you think this may be the reason why you are not receiving child support, you may wish to talk to your ex or even request a modification so that they can at least pay what they are able to. Setting a payment that your ex can afford is better for everyone than you not receiving any payments at all.

Continue Reading ››

 Posted on December 09, 2022 in Drunk Driving / DUI

Many people have heard the term “plea bargain” but do not know exactly what it means in the context of a Texas criminal case. Whether you or a loved one are facing charges for driving while intoxicated (DWI), intoxication assault, or another offense, it is important to understand what a plea bargain is and the advantages and disadvantages associated with plea bargains. There is no one-size-fits-all strategy that works for dealing with DWI charges. The best way to explore your legal options after a DWI arrest is to speak with an experienced, knowledgeable criminal defense lawyer.

What Exactly is a Plea Bargain?

When someone is charged, or formally accused, of a crime, they have the option to plead guilty or “no contest” or plead not guilty. If they plead not guilty, the case typically advances to trial where the defendant and prosecution are each given an opportunity to present evidence and arguments. The jury evaluates both sides, deliberates, and reaches a verdict.

Continue Reading ››

 Posted on November 30, 2022 in Criminal Defense

It is not uncommon to hear or read about a person who was arrested for drug possession or a similar crime after being stopped by police for a traffic violation. Situations such as these lead to an extremely important question: How does a traffic stop transform into a search which leads to the discovery of illegal drugs, guns, or other contraband? The Fourth Amendment to the United States Constitution addresses the rights of citizens regarding searches and seizures. However, the way in which the courts have interpreted the Fourth Amendment over the years has created a deal of confusion for many people.

The Fourth Amendment

The Fourth Amendment promises that the government—which means the police, by extension” shall not violate “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” It goes on to state, “No Warrants shall issue, but upon probable cause,” and that a warrant must describe where the search is to take place, as well as the items or individuals that are expected to be seized.

Continue Reading ››

 Posted on October 26, 2022 in Drunk Driving / DUI

If you have been arrested for drunk driving in Texas, you may be wondering about how your driver's license will be affected and whether you will face any restrictions on your ability to drive, as well as any other consequences. In some cases, you may be required to use an ignition interlock device (IID) in your vehicle. By understanding the issues that you may need to address following a DWI arrest, you can take steps to defend against criminal charges, protect your driving privileges, and determine how to minimize any disruptions to your life.

DWI License Suspensions in Texas

An ignition interlock device is a breathalyzer device that is installed in your vehicle. This device will require you to provide a breath sample before driving. If the device detects alcohol on your breath, the vehicle will not start. IIDs are monitored by the Texas Department of Public Safety, and you may be required to provide periodic breath samples while driving. If the IID detects alcohol, the device will log the event, and you may face penalties.

Continue Reading ››

 Posted on October 05, 2022 in Divorce

There are a variety of financial issues that can play a role in a divorce case. When one spouse believes they will be at a financial disadvantage after the end of their marriage, they may ask for ongoing support from the other spouse. In Texas, spousal maintenance (sometimes called "alimony") consists of financial support paid by one spouse to the other spouse after divorce. However, not every divorcing couple will have to deal with spousal support. This form of support will only be appropriate in certain situations, and there are a number of factors that will affect the decisions about whether maintenance should be paid, how long it will last, and the amount that one spouse will pay to the other.

Situations Where Spousal Support May Be Awarded

A family court judge may award spousal support in the following situations:

• One spouse cannot meet their own financial needs due to a physical or mental disability.

Continue Reading ››

 Posted on September 23, 2022 in Criminal Defense

As is valid in the United States and any civilized society, murder is among the most severe offenses one can be accused of and charged with committing. Yet, if you are convicted of murder in Texas, you may even find yourself on death row.

According to the Death Penalty Information Center, Texas has carried out more executions than any other state since 1976. Furthermore, Denton County juries have condemned seven individuals to death, six of which have been successfully carried out. In Denton County, the last person to be executed was in 2011. Simply put, Texas takes murder exceptionally seriously. Therefore, if you have been charged with murder, it is strongly advised that you seek counsel immediately, as your life may very well be on the line.

How Are Murder and Capital Murder Defined in Texas?

In Texas, there is murder and capital murder. Firstly, how is murder defined? Murder is when someone deliberately takes another person’s life. You may also be charged with murder if you engage in hazardous conduct intending to injure a person critically and kill them. Other circumstances where someone can be accused of murder is if they are committing or attempting to commit a felony and then decide to flee the scene, killing someone in the process. Such an act qualifies for murder in Texas.

Continue Reading ››