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.

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 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.

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 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.

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 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.

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 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.

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 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.

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 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.

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 Posted on September 20, 2022 in Criminal Defense

In Texas, sexual assault is a grave offense. Furthermore, to be convicted of such an act can be altogether life-shattering. The public view sexual assault as a crime where the accused must be swiftly and aggressively brought to justice. It is the type of crime where, even if the accused is found not guilty, their life may still be ruined for having been associated with such a crime. If you were charged with sexual assault, hiring a criminal defense attorney to defend your rights is imperative.

What Constitutes Sexual Assault?

According to RAINN, every 68 seconds, an American is sexually assaulted. An individual can be charged with sexual assault when accused of sexual activity with another person without that person's consent. There are many variables at play in the case of sexual assault. These variables can have a significant impact on the severity of the charge. For example, some variables include the alleged victim's age and whether the accused allegedly used or threatened to use force.

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 Posted on August 23, 2022 in Criminal Defense

Criminal charges should always be taken seriously. Even a "minor" offense can result in multiple types of penalties, and it may leave a person with a criminal record that will follow them for years or even the rest of their life. However, certain types of offenses are especially serious, and a conviction could result in significant jail time, as well as massive fines and permanent damage to a person's reputation.

Violent crimes, which involve causing bodily harm to another person, are often a top priority for law enforcement, and they include assault and robbery. Anyone accused of these offenses will want to work with a criminal defense attorney to determine their best options.

Criminal Convictions for Violent Offenses Resulting in Injury

Because violent crimes involve harm to others, those who are accused of these offenses will often face felony charges, which typically carry a minimum prison sentence of one year. The different types of violent crimes that may be charged when a person injures or harms someone else include:

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 Posted on August 09, 2022 in Criminal Defense

There are a variety of situations where a person may be accused of committing sex crimes. One of the most common offenses that falls under this category is sexual assault. This charge may apply if a person is accused of engaging in sexual intercourse with another person without that person’s consent. However, consent is not always easy to understand, and situations may arise in which a person accused of sexual assault may have believed that consent had been given, but the alleged victim may disagree. By understanding how the laws in Texas address consent, people accused of sexual assault or other sexual offenses can determine their legal options.

When Is Sexual Activity Considered to Be Non-Consensual?

The Texas Penal Code outlines a number of different instances in which sexual activity may be considered to be without consent and constitute sexual assault. Most people would recognize that when physical force is used, this involves a clear lack of consent and constitutes sexual assault. However, other methods of compelling a person to engage in sexual intercourse may also be used, such as threats to injure the victim or someone else or other forms of coercion.

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