Intoxication Assault Conditions of Probation

Driving While Intoxicated is a serious charge. Injuring someone while driving while intoxicated is an even more serious charge. Intoxication Assault conditions of probation require more requirements for defendants than other types of probation.

Intoxication Assault is a third degree felony in Texas which means the punishment range is two to ten years in prison. Texas law also allows for the possibility of a defendant charged with Intoxication Assault to receive probation if the defendant has not been convicted of a previous felony. This usually occurs through a plea bargain.

If a defendant is successful in obtaining probation for Intoxication Assault he will have Intoxication Assault conditions of probation he will be required to follow and successfully complete.

One of these conditions is a requirement to spend at least 30 days in jail as a condition of probation. That is the minimum amount a defendant will serve as a condition of probation. You can’t get less jail time and you could get up to 180 days in jail as a condition. It should also be noted that any days in jail served as a condition of probation will not count as back time if the defendant’s probation is ever revoked.

The defendant will also be required to under go a drug/alcohol evaluation which could lead to additional conditions of probation such as a rehabilitation program. The defendant would also be required to pay for the cost of that rehabilitation program unless the court found they were indigent.

Finally all defendants who receive probation for Intoxication Assault will be required to complete an alcohol education program.

When can a Search Warrant be Sealed?

When can a search warrant be sealed? In most cases in Texas the Affidavit for a search warrant is public information. The affidavit in a search warrant is very valuable to a criminal attorney because it sets out the facts that law enforcement based its request to have a judge sign their search warrant. The affidavit can give the criminal attorney critical information early on in the case which can be essential in determining the first steps the attorney takes and how he advises the client. News reporters also have a keen interest in obtaining affidavits. Reporters use the facts in the affidavit to find out the critical facts to use in a news story about a crime. Law enforcement officials sometimes give copies of the affidavit to members of the press in order to generate more publicity for an arrest.

Under Article 18.011 of the Texas Code of Criminal Procedure the prosecutor can request to have the judge seal the search warrant affidavit for 31 days. To do so the prosecutor must establish a compelling state interest that can cover two areas.

One is public disclosure of the affidavit would jeopardize the safety of the victim, witness or confidential informant or cause the destruction of evidence.

The second is the affidavit contains information obtained from a wiretap which has not expired at the time the prosecutor makes the request to seal. affidavits are rarely sealed under this provision because the state authorities rarely use wire taps.

At the end of 31 days the order expires, and the search warrant affidavit will be unsealed. If the prosecutor makes another request on a new compelling state interest the judge can seal the affidavit for another 30 days.

The sealing of the affidavit does not prevent the accused from getting a copy of the affidavit. The attorney for the accused can get a copy from the judge’s clerk. The public, which usually means the press, is prevented from getting a copy. An experienced criminal lawyer will immediately get the arrest warrant affidavit. The arrest affidavit is usually the first available discovery the criminal lawyer can review..

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