In baseball, when a pitcher throws three strikes, the batter is out. In Texas criminal law, it's three strikes and you're in prison. We are talking about Texas' "three strikes" law, which is part of the state statute that discusses how to sentence people convicted of...
Criminal Defense
When does Texas allow a claim that someone acted in self-defense?
Violent offenses are among the most serious charges a person could face. Accusations of assault, manslaughter or homicide could lead to a lengthy prison sentence. The stigma associated with a violent criminal record is also hard to ignore. Those accused of a violent...
If the state has evidence, is your conviction inevitable?
Typically, police officers need probable cause or evidence of a crime to arrest you, and prosecutors will need to believe that the evidence collected exceeds the current standard for criminal court. They will need enough proof to show beyond a reasonable doubt that...
Knowing your rights to sobriety tests
Under the suspicion of drunk driving or, in some cases, after an accident, police may ask a driver to engage in a sobriety test. Police are trained to do one of two sobriety tests: Breath test: police may use a small, mobile tool that evaluates a driver’s...
Evidence connected to DWI charges won’t always hold up in court
Police officers interacting with you during the traffic stop or after a car crash will use every bit of information they can to build a criminal case against you. Often, they will ask you a few questions, and the way that you answer may lead to a request for field...
Could a favor for your family member lead to drug charges?
Maybe your sister was in a car crash and needs you to pick up her prescription from the pharmacist because she can't drive. Perhaps your spouse is at home recovering from a surgery and wants you to pick up a refill of their muscle relaxants or pain medication on the...
When will Texas prosecutors pursue felony DUI charges?
Most people arrested for a driving while intoxicated (DWI) offense in Texas will face misdemeanor charges. A typical arrest involving a traffic stop with no injuries to others is usually a misdemeanor, but there are a few circumstances in which Texas prosecutors could...
Can you fight assault charges based on a lack of injury?
Violent crimes don't always involve someone suffering a fatal or life-altering injury. Assault is one of the most common violent criminal charges in Texas. It is also one of the offenses with the broadest definitions. A massive range of behaviors could fall under the...
Can you avoid a criminal record if facing drug charges in Texas?
Once police officers arrest you and a judge arraigns you for a criminal offense, you are likely to end up with a criminal record. A significant number of people plead guilty and hope that the courts will show mercy when sentencing them. They don't think ahead of time...
Can alcohol intoxication be your defense against assault charges?
Acts of physical violence and threats that other people take seriously could lead to assault charges under Texas law. Those accused of assault will face not just incarceration but also a violent offense on their criminal record. Assault convictions could impact...