Texas Felony Driving While Intoxicated Arrest

Texas Felony Driving While Intoxicated arrest is a serious crime which can have a tremendous impact on a person’s life. In Texas you can be charged with a Felony Driving While Intoxicated if you have had two prior convictions for DWI. Texas Felony Driving While Intoxicated arrest can happen to anyone who has had a history of arrest for DWI convictions. Recent news of Patrick Mahomes Dads arrest for a Texas Felony Driving While Intoxicated proves that. No matter what your status is in life the police will charge you for a felony DWI if you have previous convictions.

Even though a Felony Driving While Intoxicated arrest is serious there are defenses an experienced criminal attorney can use to defend the charge or negotiate a favorable plea bargain with the prosecutor. Successfully defending a Texas Felony DWI charge is a two-prong attack. The criminal lawyer must gather all the evidence and determine if there is a valid defense. The question of whether the defendant was “intoxicated” at the time he or she was driving is the most common defense used. A defense attorney will also examine the reasons for the police stopping the defendant and whether there was probable cause to do that. An experienced criminal lawyer will also look at whether the field sobriety test used by the officer were correctly administered and if there are problems with the blood draw and if the testing was done properly.

At the same time the criminal attorney should determine if the client has a drinking problem. Previous arrest for DWI is an indication the client needs treatment. Under the protection of the attorney client privilege criminal lawyers often have their clients undergo an evaluation to determine if they need treatment. If treatment is needed, then that should begin right away. The lawyer can decide when and how to use the evaluation or treatment during negotiations with the prosecutor.

If you are arrested for a Texas Felony DWI hire an experienced attorney as soon as possible. The consequences of a felony conviction are life changing and you will need the best defense possible.

February 25, 2024 DWI Comments Off on Texas Felony Driving While Intoxicated Arrest

Texas Stalking Law

Texas Stalking Law is a felony that involves harassing or following someone repeatedly, in a way that causes them emotional distress or fear of death or bodily injury. In Texas, stalking is a criminal offense that can result in severe legal consequences.

Texas Stalking Law:

Under Texas law, stalking is defined as the repeated and willful harassment of someone that causes them to feel threatened or frightened. This harassment can take many forms, such as following someone, making unwanted contact, sending threatening messages or gifts, or damaging property. To be charged with stalking in Texas, the following elements must be met:

  1. The defendant engages in conduct that causes the victim to feel harassed, alarmed, or fearful for their safety or the safety of others.
  2. The conduct is intentional or knowing.
  3. The conduct occurs on two or more occasions.
  4. The conduct would cause a reasonable person to feel harassed, alarmed, or fearful.

Possible Defenses for Stalking:

There are several defenses that a defendant may use to fight stalking charges in Texas. These defenses include:

  1. Lack of Intent: A defendant may argue that they did not intend to cause the victim to feel harassed, alarmed, or fearful. For example, if the defendant did not know their behavior was causing the victim to feel threatened or frightened, they may argue that they did not have the necessary intent to be guilty of stalking. The facts may allow an experienced criminal attorney argue that the defendant’s actions shouldn’t have been interpreted as a threat.
  2. No Repeated Conduct: To be charged with stalking, the defendant’s conduct must occur on two or more occasions. If the defendant can show that their behavior did not occur on multiple occasions, they may be able to avoid a conviction for stalking.
  3. False Allegations: In some cases, the victim may make false allegations of stalking. If the defendant can prove that the victim is making false claims, they may be able to avoid a conviction.
  4. Legitimate Purpose: If the defendant can demonstrate that their behavior had a legitimate purpose, they may be able to avoid a conviction for stalking.
March 5, 2023 Uncategorized Comments Off on Texas Stalking Law

Texas Indecent Assault

 TEXAS INDECENT ASSAULT LAW

The Texas Indecent assault Law is a serious criminal offense that can result in significant consequences for the accused, including imprisonment and a criminal record. Texas law defines indecent assault as an intentional and unlawful touching of another person’s intimate body parts without their consent.

Under Texas law, indecent assault is a type of sexual assault. The Texas Penal Code defines indecent assault as “intentionally or knowingly” causing contact between the defendant’s mouth, anus, or genitals and the complainant’s anus, breasts, or genitals, or causing the complainant to contact the defendant’s mouth, anus, or genitals with any part of their body.

The law specifies that the contact must be without the complainant’s consent, and that the defendant intended to gratify the sexual desire of any person. Most of the time the prosecution will try to prove the defendant committed the offence to gratify his own sexual desires.

PENALTIES FOR TEXAS INDECENT ASSAULT LAW

The Indecent Assault Law is a Class A misdemeanor. The penalty range is a minimum one day in jail and a maximum of one year in jail. There is also a fine up to $4,000. A person can also receive up to 24 months’ probation.

LEGAL DEFENSES FOR TEXAS INDECENT ASSAULT CHARGES

If you have been accused of indecent assault, you may have several legal defenses available to you. Some potential defenses include:

  1. Consent: If you can prove that the victim gave their consent to the physical contact, this can be a strong defense against indecent assault charges.
  2. Mistaken Identity: If you can show that you were not the person who committed the indecent assault, you may be able to avoid a conviction.
  3. Lack of Intent: If you did not intend to touch the victim in a sexual manner or to touch the victim with the intent of sexual gratification.
  4. False Accusations: If the complainant made false allegations of indecent assault against you, you may be able to prove your innocence with evidence such as witness testimony, surveillance footage, or text messages.

If you have been arrested for indecent assault, it is essential to seek the advice of an experienced criminal defense attorney who can help you understand your legal options and potential defenses. By working with a skilled attorney, you may be able to avoid a conviction and protect your rights and reputation.

February 25, 2023 Indecent Assault Comments Off on Texas Indecent Assault

How Does the Statute of Limitations Work

How does the statute of limitations work in Texas law? Most people have heard about the statute of limitations in criminal cases. How they apply to a particular criminal case can be confusing. The statute of limitations is the time period the police or prosecuting agency has to charge a person with a crime. Once that time period passes the person can no longer be charged with that particular crime.

The statute of limitations starts counting down for a crime when the alleged offense occurred. The length of statute of limitations depends on what crime is alleged. Misdemeanors have a two-year statute of limitations. The statute of limitations for felonies are more complicated. The general rule is a 3-year statute of limitations. For crimes like robbery and felony theft the time length is 5 years. For crimes like financial fraud and identity theft the statute of limitations is 7 years. Forgery and arson have a 10-year statute of limitations. There is no statute of limitations for violent crimes such as murder, manslaughter, aggravated sexual assault, and sex crimes against children.

The counting of the statute of limitations is paused when the prosecutor’s office brings a criminal charge. That is done by indictment or information. The counting doesn’t start up again until the case is dismissed. The official name for the statute of limitations being paused is tolling or tolled.

There is one way to get a case dismissed after the prosecution brings and indictment or information. A criminal lawyer can file a motion to have a case dismissed. This happens if there has been a long delay by the government between bringing the charge and a court date. The burden is on the defense and is hard to prove enough harm to cause a judge to dismiss the criminal case.

The other way the statute of limitations is paused or tolled is if the defendant has left the state. If a person flees the jurisdiction to avoid prosecution, the statute of limitations is paused. The law doesn’t reward people who avoid prosecution by going on the run.

If you are charged with a criminal charge in Texas and want to know how the statute of limitations work in Texas contact an experienced criminal attorney. A good criminal lawyer can explain how the statute of limitations works in Texas and anything else that is important about your case.

February 21, 2023 Uncategorized Comments Off on How Does the Statute of Limitations Work

The Texas Accomplice Law

The Texas Accomplice law can have serious consequences. I recently answered the question, ” When can I be charged as an accomplice?” I went over how  a person could be held criminally liable as an accomplice under Texas law.  The Texas accomplice law can even lead to a person being charged with a crime he never had the intent to commit.

Let’s again take the example of Joe, Pete and Luke deciding to rob a 7 Eleven. Same plan as before. Joe will drive the car; Pete will have the gun and Luke will grab the money. No one ever mentions shooting anybody. They just want to get the money and get out. However, things go south when the actual robbery goes down.

Joe is waits in the parking lot with the car running. He is ready for a quick getaway. Pete goes in the store and points the gun at the clerk and demands the money in the cash drawer. The clerk opens the cash register but when Luke comes around the counter to grab the money the clerk suddenly hits Luke in the face. Luke falls to the ground and Pete pulls the trigger and shoots the clerk. The clerks falls to floor and dies. Luke and Pete run out of the store without getting any money and jump in the car with Joe. Joe drives off fast.

They get two blocks away and get stopped for speeding. The police spot the gun and can smell gun powder. The police are notified about the 7 eleven robbery.  The police arrest all three men. Under the Texas accomplice law Joe, Pete and Luke will be charged with Capital Murder. Joe and Luke can be charged with Capital Murder even though they didn’t have gun and there was no agreement to shoot the clerk.

Under the Texas accomplice law, “If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.”

So, in our example, Joe and Luke should have anticipated that when Pete brought a loaded gun to rob a store clerk, they should have anticipated someone could get shot and killed.

February 14, 2023 Uncategorized Comments Off on The Texas Accomplice Law

When Can A Person Be Charged As An Accomplice

When can a person be charged as an accomplice? In Texas, a person can be arrested and charged as an accomplice if they aided or assisted in the commission of a crime, or if they advised or encouraged the commission of a crime.

To convict a person as an accomplice, the prosecution must prove beyond a reasonable doubt that the person:

  1. Intentionally aided or assisted in the commission of a crime, or
  2. Intentionally advised or encouraged another person to commit a crime.

Additionally, the prosecution must also prove that the principal (i.e., the person who actually committed the crime) actually committed the crime.

The evidence that may be used to prove that a person is an accomplice can include:

  1. Eyewitness testimony,
  2. Physical evidence (such as fingerprints, DNA, or other forensic evidence),
  3. Confessions or admissions of guilt,
  4. Circumstantial evidence (such as the presence of the accomplice at the scene of the crime),
  5. Financial or other transactions that suggest a link between the accomplice and the commission of the crime, and
  6. Evidence of prior statements or conduct that suggest the person had knowledge of or involvement in the commission of the crime.

It’s important to note that a person can be convicted as an accomplice even if they did not physically participate in the commission of the crime, as long as they aided, assisted, advised, or encouraged the commission of the crime.

The accomplice law holds everyone who participated in a crime responsible. For example Joe, Pete and Luke decide to rob a 7-Eleven. They decide Joe will be the getaway driver, Pete will have the gun and Luke will grab the money. They go to the store, Joe drives and stays outside with the car running and Pete walks to the counter, points his gun at the store clerk and says give me your money. Luke runs behind the counter and grabs the cash. Luke never says a word. Pete and Luke run to the car, and they all drive away.

They get about two blocks and the police stop them for speeding and see the gun and cash in the front seat. The police hear the call about the robbery and quickly make an arrest . All three will be arrested and charged with the crime of Aggravated Robbery. It doesn’t matter that Joe and Luke never had a gun. They all participated in the crime.

Once the case gets to the prosecutor Joe, Pete and Luke may get different plea offers and all have different outcomes in their cases. It all depends on all the facts and their criminal background. The law is called the Law of Parties in the Texas Penal code. Anyone person arrested as an accomplice should hire an experienced criminal attorney right away. A good criminal lawyer will research the facts. The attorney can then decide how to deal with the case. The sooner the lawyer is hired the better.

 

February 10, 2023 ACCOMPLICE, Uncategorized Comments Off on When Can A Person Be Charged As An Accomplice

Hindering Apprehension or Prosecution

In Texas, the crime of hindering apprehension or prosecution, also known as hindering prosecution, is defined as intentionally obstructing, impeding, or preventing the arrest of another person with the knowledge that the person committed an offense.

This crime is a class A misdemeanor which carries a maximum penalty of one year in jail and a fine up to $4,000. The crime is a third-degree felony if the person who the police were trying to arrest was wanted for Failure to Register as a Sex offender. The penalty range in that case would be two to ten years in prison and a fine up to $10,000.

To convict a person of hindering apprehension or prosecution in Texas, the prosecution must prove the following elements beyond a reasonable doubt:

  1. The defendant knowingly obstructed, impeded, or prevented the arrest of another person.
  2. The defendant had knowledge that the other person had committed an offense.
  3. The defendant acted with the intent to hinder the apprehension or prosecution of the other person.

To prove this crime the prosecution may use evidence such as the defendant’s statements, eyewitness testimony, police officer’s testimony and information taken from the defendant’s cell phone or other devices.

Examples of the criminal offense of hindering apprehension in Texas law include:

  1. Hiding or concealing a person who has committed a crime to prevent their arrest.
  2. Providing false information to law enforcement during an investigation to protect the person who committed the crime.
  3. Destroying or altering physical evidence related to a crime to prevent its use in an investigation or prosecution.
  4. Tampering with or influencing a witness to prevent them from cooperating with law enforcement or testifying truthfully in court.
  5. Warning the wanted person of impending discovery or arrest.
February 7, 2023 LEGAL COMMENTARY, Uncategorized Comments Off on Hindering Apprehension or Prosecution

Texas Abandoning or Endangering a Child

In Texas abandoning or endangering a child charge is a felony offense.  Texas abandoning or endangering a child is committed when a person intentionally, knowingly, recklessly, or with criminal negligence, leaves a child in a situation where the child’s physical health is in danger, or in circumstances that expose the child to an unreasonable risk of harm.

There can be many different ways that a person could be charged with abandoning or endangering a child. For example. If a parent leaves a young child unattended in a car. If a child is found in a drug house where it is exposed to drugs, guns and other illegal activity. Abandoning or endangering a child can be a state jail felony, third degree felony or second-degree felony depending on the facts of the case.

The criminal case usually has a CPS investigation going on at the same time. if a parent is the defendant their custody of the child could be greatly affected by the arrest. The criminal lawyer has to carefully consider both investigations in order to achieve the best result for the client.

Defenses for this crime under Texas criminal law include:

  1. Lack of intent: The defendant did not act intentionally, knowingly, recklessly, or with criminal negligence.
  2. Lack of knowledge: The defendant was not aware that the child was in danger or that their actions would expose the child to harm.
  3. Mistake of fact: The defendant held an honest and reasonable belief that the child was not in danger.
  4. Necessity: The defendant acted in the best interest of the child to protect them from imminent harm.
  5. Parental privilege: The defendant is the parent of the child, and their actions were reasonable and were taken in good faith to promote the welfare of the child.

If the person is arrested for a Texas abandoning or endangering a child charge, they should hire a criminal attorney as soon as possible. Not only is person’s freedom at stake but their parental custody rights are in danger.

February 5, 2023 #abandoningachild, #endangeringachild, Abandoning or endangering a child Comments Off on Texas Abandoning or Endangering a Child

How To Bond Out of Jail in Texas

How to bond out of jail in Texas. That is the first goal a person faces when they have been arrested. When a person is arrested and taken to jail in Texas, they have the option to post bail and be released until their court date. Bail is a financial guarantee to the court that the person will return for their scheduled court appearances.

There are several ways a person can post bail in Texas, including cash bail, surety bond and personal recognizance.

Cash bail requires the person or a friend or family member to pay the full amount of the bail in cash to get released. The cash bond is usually paid at the County Sheriff’s Office. Once the case is disposed of, the cash bail is returned to the person who put up the cash.

A surety bond is when a bail bondsman posts bail on behalf of the person. Using a bail bondsman is the most common practice for bonding a person out of jail.  The person or their family must pay a non-refundable fee, usually around 10-20% of the total bail amount, to the bail bondsman. The bail bondsman then posts the full bail amount to the court. The bail bondsman is responsible for the full amount of the bond if the person flees. Most bail bondsman will require the person posting to bond to check in regularly with the company and other conditions. If the bail bondsman feels the defendant isn’t abiding by their agreement, the bondsman will send a letter to the judge and ask to go off the bond which will cause an arrest warrant to be issued.

A personal recognizance bond is when the court releases the person on their own recognizance, meaning they sign a document promising to return for their court appearances and not commit any new crimes while out of jail. Personal recognizance bonds are called PR bonds. PR bonds usually occur in low level misdemeanor cases when the person has no prior criminal record.

When a person is released on bail, they may be subject to certain restrictions, such as travel restrictions, curfews, and drug and alcohol testing. An electronic monitoring device is a bond condition often used when a person is charged with a crime of violence. These restrictions are put in place to ensure the person will appear in court as required and not commit any new crimes. Violating these restrictions can result in the revocation of bail and the person being taken back into custody.

If a person gets notice of a bond violation, they should notify their criminal attorney.

February 3, 2023 Bond Comments Off on How To Bond Out of Jail in Texas

Texas Probation Revocation Motion

A Texas probation revocation motion is a very serious problem for anyone who is on probation in Texas. Thousands of Texans are placed on probation each year in felony or misdemeanor cases. Probation is a sentence handed down by a court as an alternative to imprisonment. It allows a person to serve their sentence while living in the community, under the supervision of a probation officer. However, if a person on probation violates the terms of their probation, it can be revoked, and the person can be sent to prison.

There are several grounds on which a Texas probation revocation motion can be filed which can cause the probation to be revoked, including:

  1. Committing a new criminal offense: If a person on probation is arrested and charged with a new criminal offense, their probation can be revoked.
  2. Failing to comply with the conditions of probation: If a person on probation fails to comply with the conditions of probation, such as failing to report to their probation officer or failing to pay fines, their probation can be revoked.
  3. Testing positive for drugs or alcohol: If a person on probation is subject to drug or alcohol testing and tests positive, their probation can be revoked.
  4. Failing to complete court-ordered treatment or education programs: If a person on probation is ordered to complete a treatment or education program and fails to do so, their probation can be revoked.

If a probation officer or the state has reason to believe that a person on probation has violated the terms of their probation, they can file a motion to revoke probation with the court. The person on probation will then be notified of the motion and a hearing will be scheduled.

At the revocation hearing, the person on probation has the right to be represented by an attorney, to present evidence, and to cross-examine witnesses. The judge will then decide whether or not to revoke probation, based on the evidence presented.

If the judge finds that the person on probation has violated the terms of their probation, they can revoke probation and the person can be sentenced to serve a sentence in prison. If the person is on deferred probation, they can be sentenced anywhere from the minimum and up to the maximum in the range of punishment for the particular crime they are on probation for.

It’s important to note that in Texas, revocation of probation is not automatic and must be proven by a preponderance of evidence. There are also many alternatives for punishment other than prison time.  An experienced criminal attorney knows how to fight a Texas revocation motion and may be able to come up with settlement other than prison time. A person facing a probation revocation should contact a criminal attorney right away.

January 31, 2023 Probation Comments Off on Texas Probation Revocation Motion