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Recent Blog Posts
5 Tips When Offering an Alibi in Criminal Defense
Regardless of the charges, a solid alibi can contribute greatly to a defendant’s case. Serving as a crucial piece of evidence, an alibi can sway the outcome of a trial if it can present a credible alternative to the story that the prosecution is trying to tell. This article will describe five important things to consider if you need an alibi to help you fight criminal charges. If this is personally relevant to you, speak to a seasoned Austin, TX criminal defense attorney with experience helping clients navigate the complexities involved.
Tip 1: Detailed Documentation
If you are incriminated in a criminal case, one of the best ways to build a strong alibi is by gathering thorough documentation. This can include:
- Correspondence
- Social media posts that have timestamps, location information, or metadata
What if You Share Partial Fault in a Car Accident?
Car accidents are complex events, and it is not uncommon for multiple parties to share responsibility. If you find yourself in a situation where you may be partially at fault for a car accident in Texas, you might wonder about your legal rights and options. A Texas lawyer can help you understand the concept of shared fault and its implications when seeking compensation.
Can You Still Get Compensation if You Are Partially at Fault?
You can receive compensation, but Texas may reduce the amount you are eligible for. Texas follows a modified comparative negligence rule, also known as the "51% bar rule." This means you can still recover damages if you are not more than 50% responsible for the accident.
Here is how it works:
- Your percentage of fault is determined based on the evidence and circumstances of the accident
Probation Violations in Texas
When you get charged for committing a criminal offense in Texas, the judge can use her discretion when deciding what your punishment will be. For violent crimes that have resulted in serious damage or even fatalities, chances are that the judge will sentence you to a harsher punishment including years of incarceration. For first-time offenses and nonviolent crimes, judges sometimes show more leniency and might offer you probation instead of jail time. While you can feel relieved that you do not need to go to prison, there are several requirements and conditions you need to fulfill. If you fail to do so, you run the risk of being in violation, which is something you should take very seriously because your probation can quickly turn into a prison term. Today, we will examine how you should address accusations of violating your probation agreement. Of course, if you are in danger of facing such accusations, contact a dedicated Austin, TX criminal defense attorney to understand how best to protect yourself.
How Can I Get My Suspended License Back?
If you are caught driving while intoxicated (DWI), there are many ways you might be penalized depending on the specifics of what happened. You might need to complete community service, pay fines, serve time in jail, and you might even have your driver’s license suspended. If that happens, it is illegal for you to drive, even if you need to drive to work or to deal with a family emergency. For people who rely on their ability to drive for various important aspects of their daily lives, the prospect of a suspended license can be very distressing. The good news is that there is hope. The state of Texas does allow for driver’s license reinstatement after a DWI under certain conditions. Speak with a dedicated Austin, TX criminal defense attorney to understand how you might get your license reinstated.
When Is a Driver’s License Suspended?
When someone is arrested for a DWI, one of the consequences they will face is having their license suspended. What many people do not know is that your license can be suspended even if you are not convicted. It can be suspended for 90 days without a conviction if you fail a breathalyzer and for 180 days if you refuse to submit to the test.
Examining Texas Rear-End Accidents
Rear-end car crashes account for a large percentage of car accidents. Several things can cause them and they can fall anywhere on the spectrum from causing minimal to severe damage and injury. This article will examine some of the more common causes of this type of accident and the kinds of injuries that typically happen as a result. If you have been rear-ended and you are now suffering, you should contact a knowledgeable Austin, TX personal injury attorney who can review your case and explain various options you may want to consider for recovering compensation
Why Do Rear-End Accidents Happen?
A common factor shared by most accidents is the fact that human beings were involved. Whether the driver made a mistake due to negligence or misjudgment, a passenger caused a distraction, a pedestrian constituted an obstacle on the road, or a person on a production line in a factory was responsible for a faulty auto part, the human factor in almost every accident cannot be denied. Beyond that, there are some common causes of rear-end car crashes, which include:
Exercising Your Right to Remain Silent
Many Americans are familiar with hearing “You have the right to remain silent” anytime someone gets arrested in a movie or TV show. This phrase is the beginning of the Miranda warning, something arresting officers are legally required to say before a suspect can be interrogated. The purpose of this warning is to ensure that criminal suspects, who have no reason to be proficient in legal knowledge, are aware of their constitutional rights that protect them from self-incrimination. Being arrested or brought in for questioning can be stressful and confusing, and even if you are innocent, you might not be thinking straight and might mistakenly say or do something that can be used later on to indicate your guilt. This article will explore the Miranda warning, but if you are accused of a crime, make sure to have a qualified Austin, TX criminal defense lawyer present for any questioning to protect your legal rights.
The Miranda Warning Explained
Regardless of the crime you are suspected of committing, you have certain rights as an American citizen that need to be protected during the criminal procedure. The Miranda warning is a list of rights that are provided for in the 15th and 16th Amendments, and what it includes is generally some variation on the following aspects:
How to Deal with Texas Drug Possession Charges
If you are charged with a crime, it is always something to be taken seriously. If it is a drug crime in Texas, you might face particularly harsh consequences. If you are charged in Texas with drug possession, you could even face serious penalties including jail time. That is why it is so crucial to have reliable legal representation to guide you through the process and ensure that you do not mistakenly incriminate yourself due to a lack of legal expertise. Fortunately, a skilled Austin, TX drug crimes defense lawyer can review your case, examine the prosecutor’s evidence, and consult you on the best way to protect yourself.
How is Drug Possession Punished in Texas
The state of Texas recognizes four classes of drugs, with marijuana having its own class. For every class of drugs, there is a different set of penalties if you are found guilty of possessing that drug.
Tips to Follow If You Are Arrested in Texas
If you are arrested, you might not necessarily be able to control how you react. It can be extremely stressful and distressing, and you are put in a position where you are physically and legally unable to do whatever you want. Often, the arresting officers come into the situation feeling on edge as well, and if you act in a wild or unpredictable way, they may use force or other means to control you in an attempt to control the situation. Under these unideal conditions, knowing how to conduct yourself can have a significant impact on the entire experience of having a criminal conviction. If you have any reason to believe you might get arrested, speak with a skilled Austin, TX criminal defense attorney who can guide you through any legal process and help advocate on behalf of your rights.
How to Act During an Arrest
There is no manual telling you exactly what you should do when you get arrested, particularly because every situation is different. However, the following are all good ideas for you to consider if you get arrested:
What to Know About DWI with a Child Passenger in Texas
Driving While Intoxicated (DWI) is a serious offense, and when a child passenger is involved, the consequences can be even more severe. In Texas, having a child under the age of 15 in a vehicle while driving under the influence can lead to enhanced penalties and harsher repercussions for those convicted. If you were arrested for DWI and a child was in the car with you, you must take quick and aggressive action to protect your interests and, potentially, your freedom. This begins with hiring a high-powered criminal defense attorney to assist you in this very serious legal situation.
Here is What the Law Says in Texas
When a driver is charged with DWI in Texas with a child passenger, he or she may face charges under Texas Penal Code Section 49.045, which explicitly addresses DWI with a child passenger. This offense is considered a state jail felony, punishable by up to two years in jail and a fine of $10,000. In addition to these criminal penalties, the driver may also face the loss of his or her license for six months, alcohol education programs, and the installation of an ignition interlock device on any personal vehicles.
What You Need to Know About Oilfield Injuries in Texas
Working in the oilfield industry in Texas comes with inherent risks and potential dangers that can lead to various types of serious injuries. Understanding the most common forms of oilfield-related injuries is crucial for employees and employers to ensure safety measures and proper protocols are in place to prevent accidents.
However, if you have already been injured in an oilfield accident, an experienced attorney can assist you in pursuing the compensation you may be entitled to. Your lawyer will also ensure you meet required legal deadlines, such as filing your case within two years of your injury.
