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Recent Blog Posts
Steps to Take Following a DWI Arrest
When a driver is arrested for DWI, it is understandably a very stressful–and sometimes frightening–experience, especially if it is their first time ever being arrested. Not only are your driving privileges at stake, but a DWI conviction can also have an impact on other areas of your life, as well. The steps you take immediately following your arrest can help improve the outcome of your case. The following recommendations are a brief overview of how you should proceed. A DWI defense attorney from our firm can provide you with more detailed information about your situation if you have been charged.
How You Can Help Your Attorney
After you are arrested for drunk driving, you will likely be released from jail while you await trial. There are likely stipulations that the court issued that are contingent with you remaining free until your case is resolved and it is critical that you follow those stipulations.
Defending Against Drug Possession Charges in Texas
Being charged with a drug crime is a serious matter in any state, but penalties if convicted in Texas are especially harsh. Even a conviction for drug possession can result in a jail sentence, depending on the circumstances of the case. However, a prosecutor’s case is only as strong as the evidence he or she is able to present to a jury and if that evidence is weak or tainted, a defense attorney may be able to convince the court that it is inadmissible.
Drug Possession in Texas
Under Texas law, there are four classes of drugs. Marijuana has a separate class of its own. Each class has its own set of penalties that the court can impose if a person is found guilty of drug possession.
Depending on the type and amount of the drug a person is accused of possessing, the charges can range from a Class B or Class C misdemeanor (with conviction carrying a penalty of up to one year in jail and/or a fine of up to $4,000), third-degree felony, up to a first-degree felony. The harshest penalty a person convicted of drug possession can receive is 99 years to life in prison and/or a fine of up to $250,000.
‘Tis the Season for Increased Risk of Car Accident Injuries
December has arrived, and along with it comes the hustle and bustle of the holiday season. Unfortunately, so many people are so focused on getting ready and celebrating the holidays that they sometimes overlook safe driving behaviors, putting themselves and everyone around them at risk of car accident injuries. Although there are many reasons why car accidents occur, this time of the year often sees an increase in aggressive driving accidents and alcohol-related crashes.
Aggressive Driving
If you find yourself wondering if drivers are just more impatient and aggressive this time of year, rest assured it is not your imagination. They are. Road rage and aggressive driving increases during the holiday season. In one study, researchers looked at data that was collected from 10 major cities during the Thanksgiving holiday weekend to determine how much aggressive events on the road increase during holidays. Aggressive events included acts of speeding, rapid acceleration, and hard braking. The study found that the number of these events spiked an alarming 20 percent more on a holiday weekend compared to other times of the year. At the very minimum, these aggressive acts result in a 40 percent increase in more fuel used. At the worst, these acts result in the deaths and injuries of thousands of victims each year.
You Have the Right to Remain Silent
Most of us are familiar with the phrase, “You have the right to remain silent. . .” especially if you are a fan of police TV shows. That is the first sentence of the Miranda Warning. This is the warning that law enforcement is required to give a suspect before interrogating them. What many suspects do not realize is that anything they say to police prior to being Mirandized can and likely will be used against them.
What Is the Miranda Warning?
Miranda rights or warning is a combination of the Fifth and Sixth Amendments of the U.S. Constitution. The Fifth Amendment protects a person from self-incrimination. The Sixth Amendment guarantees the right of every defendant to an attorney. When a person is read the Miranda Warning by a police officer, they are told:
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They have the right to remain silent
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If they give up that right then anything they say may be used against them
Avoiding a DWI During Thanksgiving Weekend
Thanksgiving is usually the kickoff for the winter holiday season. Historically, the day before Thanksgiving is known as one of the busiest travel days of the year as travelers take to the roads and the sky to visit family and friends near and far. It is estimated that more than 40 million people take to the roads for the Thanksgiving holiday.
Because so many people travel “home” for the holiday, the long Thanksgiving weekend is also a time when many friends get together at local pubs and restaurants, celebrating with mini reunions. It is not uncommon at any of these gatherings for there to be alcohol served. Unfortunately, getting behind the wheel of a vehicle after drinking can quickly “squash” your Thanksgiving weekend plans and leave you facing serious drunk driving charges.
Thanksgiving Alcohol Data
According to national statistics, the night before Thanksgiving is one of the biggest drinking nights of the year. The beer sales in bars throughout the country spikes more than 270 percent, while the sales of hard liquor increases by almost 115 percent. The tremendous increase in the number of patrons out drinking has led to the day before the holiday to be dubbed “Blackout Wednesday” referencing the “blacking out” many people experience due to excessive drunkenness.
DOJ Investigating Five Texas Juvenile Facilities Over Horrific Allegations
Under the Texas criminal justice system, when a minor has committed criminal offenses, jurisdiction falls under Texas Juvenile Justice Department (TJJD). The goal of the TJJD is to protect both the child’s interest and keep communities safe. Although the hope is to keep the child from being sent to a juvenile detention facility, there are many cases where the TJJD judge does sentence a juvenile offender to a detention facility.
Recently, the U.S. Justice Department (DOJ) announced that it is initiating an investigation into five facilities over allegations of physical violence, sexual abuse, and other mistreatment of minors being held at these locations.
Investigation Launched
According to the statement issued by the DOJ, the allegations came to the department’s attention through new reports, public documents, and social media posts. There was also information that came from people who work in the Texas prison systems relaying accounts of neglect of mentally ill detainees, sexual abuse, and horrific physical violence.
Solicitation of a Prostitute Now a State Felony Charge in Texas
A new law that went into effect last month in Texas significantly increases the charges that a person faces if they are arrested and charged with solicitation of a prostitute. That crime will now be charged as a state jail felony and the penalties for a conviction means a prison sentence and steep fines.
TX HB1540
For decades, the penalties for anyone arrested and convicted for prostitution were much more severe than for those charged with being a client. The person charged with prostitution was looked at as the criminal and could face jail time, while the client was usually only given a ticket, if anything at all.
However, over the past several years, law enforcement, lawmakers, and the public have come to believe that many people who engage in prostitution are not doing so willingly. Some may be victims of human trafficking who have been forced into prostitution. According to one major study, there are approximately 313,000 victims of human trafficking at any given moment in the state of Texas.
Does New Texas Bail Law Treat Poorer Defendants Unfairly?
In many criminal cases in Texas, when a person is arrested and charged with a crime, the judge will allow that person to be released on a personal bond, which means there is no collateral or deposit required. The defendant promises the court they will appear for all hearings regarding their case. They also are required to abide by all restrictions the court puts in place, as well as pay a personal bond fee within so many days following their release.
But that could all change for many defendants. Earlier this month, Governor Greg Abbot signed a new cash bail into law. The new law, which goes into effect on December 2, 2021, will make it more difficult for those accused of violent crimes to be released on bail while awaiting trial.
SB 6 - the Damon Allen Act
The new law was named after Texas State Trooper Damon Allen who was killed in the line of duty. In 2017, on Thanksgiving Day, Trooper Allen stopped a vehicle on Interstate 45 in Fairfield, Texas. As he was walking back to his patrol vehicle, the man he stopped fatally shot him with a rifle. The man accused of killing the trooper had a prior conviction of assaulting a police officer, and at the time of the shooting was out on $15,000 bond for new charges of aggravated assault on an officer and evading arrest.
New Texas Law Makes It Harder to Hold Trucking Companies Liable for Truck Accidents
Truck accident cases are one of the most complex personal injury cases that victims can pursue. One reason is that there is often more than one at-fault party that may be legally liable for the losses the victim suffers because of their injuries. For example, in a trucking accident caused by a truck driver who was speeding and unable to stop in time, the current laws say that not only would the truck driver be liable for the victim’s damages, but the trucking company that employs the driver would also be legally responsible. That law, however, changes as of September 1.
Texas House Bill 19
Under the new law, truck driver liability is now separate from any liability of the trucking company. Truck accident lawsuits will now be required to go through a bifurcated trial process. This means there will be two parts to a victim’s pursuit of damages. The first part of any action is only against the truck driver where the liability of the truck driver will need to be proven. If the victim is successful in proving the driver’s liability, the next step is determining what the victim’s compensatory damages are. Compensatory damages include actual damages, such as medical expenses and loss of income, and general damages, such as pain and suffering, emotional trauma, scarring, and disfigurement. The trucking company is not included in this first part of the victim’s lawsuit.
Undercover Drug Busts and Sting Operations in Texas
In 1971, President Richard Nixon introduced a national initiative to stop the production, distribution, and consumption of illegal drugs. The so-called “war on drugs” has led to increased police efforts to stop the spread of illicit substances throughout the country. Undercover drug busts and sting operations are two tactics police may use to find and arrest individuals who manufacture and deliver drugs. If you or a loved one were arrested on drug charges after being part of an undercover police operation, it is important to understand and assert your rights.
Can Police Lie About Being Police?
Police may use sting operations in an effort to catch criminal suspects red-handed. In the context of an undercover drug bust, this usually involves police officers masquerading as drug dealers. Contrary to popular belief, police officers do not have to tell you that they are police. They are fully permitted to lie about their identity in the execution of a sting operation. Many sting operations involve a police officer posing as a drug seller. When the unsuspecting subject of the sting operation hands over cash in exchange for the drugs, officers drop the act, announce that they are police, and arrest the individual.
