Lewis & Ashworth, PLLCLewis & Ashworth, PLLC2024-03-27T08:51:35Zhttps://www.lewisashworth.com/feed/atom/WordPress/wp-content/uploads/sites/1604305/2021/03/cropped-fav-32x32.pngOn Behalf of Lewis & Ashworth, PLLChttps://www.lewisashworth.com/?p=482872024-02-19T07:02:02Z2024-02-22T07:01:49Zpossession with the intent to deliver the drugs to other parties.
When can state prosecutors potentially justify possession with intent charges in Texas?
When someone has a prior record
Sometimes, the reason that prosecutors pursue felony possession with intent charges is that the defendant has a prior record of drug possession or trafficking. Someone with major prior drug offenses or repeat minor offenses might look more suspicious to stay authorities than someone who has not violated controlled substances laws in the past.
When someone has an unusual amount of drugs
Most people who use drugs for personal purposes are careful to minimize what they possess. Texas has very strict possession limits, and even small amounts of certain substances can lead to felony charges. Those with higher weights of drugs often look more suspicious to law enforcement professionals. Additionally, prosecutors might be more eager to pursue possession with intent charges if police officers find a variety of different drugs in someone's possession.
When someone has the wrong connections
Someone who has friends, roommates or family members involved in the drug trade could potentially be at elevated risk of enhanced charges after an arrest. Someone's known social contacts or even their social media conduct could create a relationship linking them to those with known involvement in the drug trade. The stronger the relationship and the more direct communication there is between the defendant and others involved in the drug trade, the more likely the state is to believe that they may have intended to distribute drugs.
Someone who has been accused of possession with intent is at risk of very significant consequences. Learning about the state's evidence and reviewing it with an attorney can help someone accused of a major drug offense plan a strategy to defend against those allegations at trial.]]>On Behalf of Lewis & Ashworth, PLLChttps://www.lewisashworth.com/?p=482862024-01-22T09:42:08Z2024-01-25T09:41:33ZThe state expects alleged victims to recant
The unfortunate truth about domestic violence cases is that they are notoriously difficult to evaluate. Prosecutors and police officers can easily make mistakes when responding to allegations of violence between family members or intimate partners. Some people say things out of anger in a moment of frustration that they later regret because it makes their partner or family member look volatile or dangerous.
They may then want to recant or change their prior statement to prosecutors or law enforcement. Unfortunately for domestic violence defendants, recanting witnesses and victims is a well-known phenomenon. Texas state prosecutors often do not pursue domestic violence charges unless they feel confident that they can secure conviction even without the cooperation of the alleged victim.
Therefore, someone simply reversing or altering their prior statement to the authorities is unlikely to result in a dismissal of the pending charges against someone. However, they may still be able to work with the other party involved in the incident to develop a more effective defense strategy. Testimony from someone alleged to be a victim could help convince the courts that the situation was not what police officers believed it to be. There could be other viable defense strategies available as well depending on someone's prior record and the unique details of the case.
Ultimately, learning more about how Texas handles domestic violence charges may benefit those hoping to fight back against accusations that could forever alter their life and damage their reputation.]]>On Behalf of Lewis & Ashworth, PLLChttps://www.lewisashworth.com/?p=482842023-12-21T06:19:41Z2023-12-26T06:19:23Zmain field sobriety tests commonly used by law enforcement to assess whether a driver is impaired are as follows:
Horizontal Gaze Nystagmus (HGN) Test: In this test, an officer will ask the suspect to follow an object, usually a pen or a small flashlight, with their eyes. The officer looks for signs of nystagmus, which is a jerking movement – and an involuntary reaction – involving the person’s eyeball itself. This happens when they look to the side. If that person is impaired by alcohol, a smaller angle may trigger this reaction because the nystagmus gets exaggerated.
Walk-and-Turn Test: This test focuses on splitting a person’s attention between two tasks. This allows the officer to assess the suspect's ability to complete tasks requiring both mental and physical ability. The suspect must walk a set amount of steps in a straight line, touching their heel against their toe. When they reach the end, they turn on one foot and come back. The officer looks for signs of impairment, such as starting before the instructions are finished, falling off of the line or a general inability to maintain balance.
One-Leg Stand Test: Another "divided attention" test, where the suspect is asked to stand with one foot slightly off the ground and count off seconds until told to put their foot down. The officer may also time the subject so that they do this for at least 30 seconds. They could fail if they sway back and forth, set one foot down or fall over.
These tests are designed to measure a person's balance, coordination and their ability to divide attention among more than one task, as these abilities are often impaired by alcohol or other substances.
Do these tests work?
The problem with these tests is that, while they can work, they are far from perfect and often provide inaccurate results. For instance, one study carried out by the National Highway Traffic Safety Administration (NHTSA) found that the one-leg stand test had an accuracy rate of just 65%. For every two people who were impaired, police may have arrested one person who also failed the test without any impairment. The other tests are slightly better, but not flawless. The walk-and-turn test comes in at 68% and the HGN test hits 77%.
If you failed a sobriety test during a stop, don’t assume that means you will be convicted of the impaired driving charges that you’re likely facing now. Seeking legal guidance can help you clarify your rights, options and the defensive strategies available to you at this challenging time.]]>On Behalf of Lewis & Ashworth, PLLChttps://www.lewisashworth.com/?p=482832023-11-17T06:33:37Z2023-11-22T06:33:06Zcontrolled substances laws in Texas will likely worry about the consequences they might face. Drug charges range from misdemeanor crimes to felony offenses, and the penalties range from probation to up to 99 years in state custody depending on the circumstances. The following three factors have the biggest impact on the penalties the courts can impose for Texas drug offenses.
The type of drugs
Texas maintains a schedule of controlled substances grouping certain types of drugs together. Factors including the likelihood of abuse, the risk of addiction, the medical usefulness of the drug and the possibility of an overdose all influence the classification of different drugs. The classification of the drugs involved in an alleged offense will directly influence the possible penalties. Prohibited drugs and narcotic pain relievers can lead to the courts imposing relatively harsh penalties.
The weight of the drugs
Police officers will seize any drugs that they find on someone's person, in a vehicle or at a home. They will send those drugs for analysis. The overall weight of the drugs will directly influence the penalties that the courts may impose and the charges that the prosecutor pursues. Although even small amounts of drugs, like the residue left on paraphernalia, can lead to drug possession charges, more significant amounts can lead to very serious criminal allegations. Higher weights may lead to the state claiming that someone intended to distribute those drugs to others, which will likely result in felony charges.
A defendant’s prior record
Prosecutors will often highlight someone's prior criminal convictions during what would otherwise seem like a minor drug case. Those who have repeatedly broken the law are often subject to harsher penalties than those facing first-time charges.
There are a handful of other factors that will also influence the likely penalties someone will face. For example, situations that involve violence or that may endanger children often lead to more serious charges and harsher penalties than simple possession cases.
Understanding how the courts determine the penalties they may impose for a drug offense could help people decide how to respond after a recent arrest. Seeking legal guidance accordingly is very important.]]>On Behalf of Lewis & Ashworth, PLLChttps://www.lewisashworth.com/?p=482812023-10-18T06:36:32Z2023-10-23T06:35:59ZWhen there is a young passenger
Under Texas state law, prosecutors can pursue special charges when an impaired motorist has a passenger age 14 or younger in their vehicle at the time of their arrest. Allegations of child endangerment can aggravate a basic DWI charge and enhance the penalties that the courts may impose. Those charges will not only turn up during background checks but might eventually also influence how the courts rule in a custody matter in the future.
When someone has multiple prior offenses
Basic DWI charges related to a breath test or erratic driving will usually be misdemeanor offenses. However, someone who has repeatedly violated impaired driving laws can anticipate the courts imposing stricter penalties in the future. A second offense carries worse consequences than a first. A third offense will likely be a felony charge in addition to carrying heightened penalties. The state can sentence someone to up to 10 years in prison and $10,000 in fines. The state can also pursue different charges related to vehicular assault or manslaughter if an impaired motorist causes a crash that injures or kills someone else.
Understanding how the state handles drunk driving charges may help people better weigh their options when preparing a response to a recent arrest.]]>On Behalf of Lewis & Ashworth, PLLChttps://www.lewisashworth.com/?p=482792023-09-14T05:08:26Z2023-09-19T05:08:07ZOne is an attempt to get better care – and one is an attempt to deceive
Seeking a second opinion is a reasonable, responsible act, and it can help patients determine if there are alternative therapies and treatments that might work better for them. It can also be done when a patient questions a diagnosis and wants to get a specialist’s take on their condition. Typically, it’s an open, collaborative process between the patient and the provider.
By comparison, “doctor shopping” is the practice of going to multiple medical providers primarily to obtain multiple prescriptions for opiates, sedatives, muscle relaxants or stimulants. They’re usually feeding an addiction. In other words, the patient has a hidden agenda when they interact with the doctor, so they may:
Lie about their medical history or symptoms to exaggerate their need for medication
Lie about the treatments they’ve tried in the past and what worked or didn’t work
Pretend that they’ve never received certain medications or have no active prescriptions
Lie about how long it has been since they’ve received treatment elsewhere
Use a false name and pay in cash for appointments so they can avoid insurance claims
Doctor shopping is illegal, per Texas Health and Safety Code § 481.129, and it can be classified as either a misdemeanor or a felony, depending on what drugs were ultimately obtained.
Because of all of the attention on “pill mills” and the problems associated with opiate addictions, doctor shopping can have serious consequences for both patients who engage in it and providers who are too free with prescriptions. That makes it critically important for anybody caught up in an investigation related to doctor shopping to seek legal guidance right away.]]>On Behalf of Lewis & Ashworth, PLLChttps://www.lewisashworth.com/?p=482672023-08-21T07:34:21Z2023-08-21T07:34:21ZCredible threats may constitute assault
Those who quickly dismiss the idea that digital communications might lead to assault charges may be unfamiliar with the relatively expansive definition of assault enshrined in Texas law. The statutes on assaultive offenses in Texas include other definitions beyond violent physical contact. Physical contact intended to offend the other party and words or actions intended to put someone in fear for their safety also constitute assault. Therefore, threatening words can potentially lead to someone's arrest if the other party truly believed they were at risk.
Things that people share on social media or even the messages that they send via text might potentially constitute assault if they cause the recipient to experience incredible fear for their own immediate safety. Messages threatening bodily violence against an individual or members of their family could potentially warrant prosecution depending on the contents of said messages and the reaction of the recipient.
Accusations of simple assault can lead to major penalties if someone pleads guilty. Although they may only need to pay a fine in some cases, the criminal record that results will impact their life in many ways. It is possible to defend against such claims. People may develop the claim that a reasonable person would not have found that specific online threat credible to defend against the charges, for example.
Understanding which actions technically violate Texas law can help people avoid mistakes that could lead to prosecution and/or appropriate response to pending charges with the assistance of a legal professional.
]]>On Behalf of Lewis & Ashworth, PLLChttps://www.lewisashworth.com/?p=482682023-07-19T05:51:43Z2023-07-19T05:51:43ZThe drug courts can be an option in certain cases
Texas has a drug court program that requires extensive supervision. Unlike the traditional criminal courts, the focus of the Texas drug courts is on the rehabilitation of those who admit they have substance abuse issues. For someone to qualify for proceedings in drug court, they will usually need to establish that they have a substance abuse disorder that directly relates to the crime that the state accused them of committing. Typically, drug court is only an option for non-violent offenders.
Those that do qualify will need to attend frequent court hearings and regular meetings with specialists. They may even require inpatient treatment. They will also be subject to random testing requirements to confirm that they have achieved sobriety. The drug court process usually takes more than a year and will require the full commitment of the defendant hoping to avoid a conviction.
If they fail to fulfill drug court requirements, they may then end up in criminal court or in state custody. However, if they successfully complete the process, they will not be subject to criminal penalties and will also not have to worry about a criminal record. Not everyone qualifies for drug court proceedings, and not everyone who does qualify would be able to complete them successfully.
Considering every option for avoiding jail time and a criminal record may be a smart choice for those facing drug charges in Texas.]]>On Behalf of Lewis & Ashworth, PLLChttps://www.lewisashworth.com/?p=479722023-06-12T14:26:10Z2023-06-15T14:24:54Zfirst offense for driving while impaired, you could have to pay a $2,000 fine in Texas. You could also face up to 180 days behind bars if you are convicted, and three days are mandatory. Next, you will likely lose your driver’s license for up to 12 months.
Things will be more significant for subsequent offenses, such as a $4,000 fine for a second offense or a $10,000 fine for a third offense. Texas has some of the strictest drunk driving laws in the country in this regard. But those laws don’t even define all the ways that a DWI could impact your life.
Loss of employment
For example, many people who get a DWI end up losing their job. Your driver’s license may be required simply to get to work. If you have to spend three days behind bars and then you can’t drive for a year, your employer is likely going to replace you. Some employers will also replace workers who have DWI convictions just because of the negative publicity that the situation can bring to the business.
The impact on a divorce
If you find yourself in family law court, perhaps getting a divorce, a DWI conviction could also have an impact. For instance, the court may decide that your conviction shows you are not a safe and responsible parent. Could your custody rights be impacted? It’s certainly something to think about, especially if you were driving with a child in the car at the time of your arrest.
Access to financial options
Finally, a DWI can even limit your ability to get a loan. When you apply for financing for something like a mortgage or a car loan, you could be denied. Similarly, those with a criminal record may find it difficult to apply to college and further their education or even to rent an apartment.
A DWI conviction can have a ripple effect on your entire life. As a result, you’ll want to think twice before pleading guilty. Seeking legal guidance to present a strong defense may be in your best interests in more ways than one.]]>On Behalf of Lewis & Ashworth, PLLChttps://www.lewisashworth.com/?p=479702023-05-11T08:28:07Z2023-05-16T08:27:22Zpay for the installation of the device and its maintenance. They also have to perform a test every time they start their vehicles and cannot legally drive vehicles without an IID installed until the state lifts the restrictions on their license.
Repeat and aggravated offenses lead to IID requirements
Impaired driving is one of the criminal offenses that people tend to commit repeatedly. The recidivism rate is quite high, especially among those with an unaddressed alcohol abuse issue. To help protect the public and instill better habits in those who have committed more than one DWI offense, it is common for the courts to order the installation of an IID after someone's second or subsequent DWI conviction.
However, someone doesn't need to face a second or third DWI charge to end up subject to an IID requirement in Texas. The state sometimes orders the installation of an IID when someone has pending felony DWI charges. Other reasons a first-time DWI could lead to an IID requirement include being a minor at the time of the offense or having a blood alcohol concentration of 0.15% or higher.
Protecting driving privileges often means going to court
Both IID requirements and license suspensions related to DWI charges can create significant challenges for the people accused. The only means of eliminating licensing penalties after a DWI arrest is to successfully defend against the allegations.
Those who have been accused of impaired driving in Texas frequently plead guilty to their charges and then have to deal with numerous lasting consequences, including effects on their driving privileges. Seeking legal guidance and defending against DWI charges is often the better option for those who want to retain their licenses and avoid escalating penalties in the future.]]>