Anyone who has been accused of a driving while intoxicated (DWI) offense in Texas could be at risk of incarceration, financial penalties and license suspension. Occasionally, the restrictions on someone's driving privileges won't only involve a temporary inability to...
Criminal Defense
What does a “reasonable belief “ of “imminent harm” mean?
A lot of times, those accused of assault will assert a positive defense, claiming that they had the right to use reasonable force to defend themselves (or others) from harm – and Texas does recognize this right. However, there are a few caveats to that right. One of...
Texas’ 3 strikes criminal sentencing law explained
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...
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...