Posted on November 22,2023 in Criminal Defense

Failing a court-ordered drug test while on probation can have devastating consequences, including potential revocation and incarceration. However, with an experienced Texas lawyer guiding you through the process, options may exist to help with your freedom and negotiate second chances

Seek Legal Representation Promptly

If a failed, positive drug screening comes back from the lab against the terms of your probation, immediately inform your probation officer transparently. You should first discuss the next best steps and strategy in confidentiality with a criminal lawyer, specifically in these matters. In Texas, any admission of guilt to authorities without an attorney present can critically backfire in court.

Assess Any Contraband Defense Excuses in Your Favor

Work with your attorney to determine whether any viable defenses apply to potentially excuse, justify, or cast strong doubt about substance usage on the preliminary findings. Time-sensitive possibilities include procedural flaws or deviations in the handling or testing process, which could compromise validity, false positive substance test results, legitimate passive inhalation issues, or credibly lacking knowledge of or intent for contraband exposure before the collected drug test sample.

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 Posted on November 09,2023 in Drunk Driving / DUI

Being arrested for DWI in Texas is challenging for anyone, but for commercial truck drivers, it could mean losing your CDL and livelihood. Professional CDL holders face additional penalties and complexities in defending DWI charges. Having an experienced Texas DWI lawyer is crucial. You deserve a fair chance at trying to fight the charge so you do not lose your job.

Enhanced Penalties

Texas has extra penalties for CDL holders convicted of DWI while operating any vehicle, even a personal one. These include automatic CDL suspension for one year for first offense and lifetime revocation for two or more DWIs. Jail time also increases compared to non-CDL drivers.

Additional Charges

Prosecutors often pursue additional charges against commercial drivers like reckless driving, failure to maintain control, hazardously transporting cargo, or endangerment if an accident occurred. These charges can increase fines and sentences if convicted.

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 Posted on October 20,2023 in Criminal Defense

Violating your probation terms in Texas has consequences, and the severity will have different factors. Probation grants community supervision instead of jail on condition you follow strict rules. Not following those rules adds penalties. Understanding the process is vital to ensure you follow what you are supposed to do, along with what you should do if you violate your probation. A Texas lawyer can help you understand more of these rules or what to do if you mess up on the rules.

Probation is Like a Second Chance

Probation offers a second chance. It allows you to serve your sentence supervised within society. However, freedom depends on closely obeying all probation requirements laid out by the judge. These often include regular check-ins with your probation officer, maintaining work or education, completing counseling programs and drug tests, adhering to activity restrictions, and performing community service.

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 Posted on October 10,2023 in Drunk Driving / DUI

Being convicted of a DWI offense in Texas sets off a years-long chain reaction of additional penalties that can negatively impact your finances, career, and overall quality of life long after the conviction itself. Beyond potential jail time and immediate criminal consequences, a Texas DWI conviction initiates a sequence of burdensome costs, barriers, and suspensions that penalize you well into the future. A Texas lawyer can help you with your DWI conviction.

Lengthy License Suspension

Depending on the number of your prior DWI convictions and other case factors, a guilty verdict in Texas can result in the suspension of your driver’s license. Depending on the offense, this can last anywhere from 30 to 180 days. This suspension can have devastating ripple effects for those reliant on driving for work or family transportation. Missed shifts or losing jobs are common outcomes.

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 Posted on September 19,2023 in Criminal Defense

If you are serving probation in Texas, violating any probation terms could lead to serious consequences like incarceration or reimposition of a suspended prison sentence. But what kinds of actions could cause a judge to rule you have violated probation? Here are some of the main ways probation can potentially be revoked and how a lawyer can help.

Committing a New Offense

One clear probation violation is being arrested or convicted for a new criminal offense during the probation term. Texas judges do not take probationers breaking the law again lightly, even if charges are dismissed. An arrest, charges, or new conviction could all trigger revocation proceedings.

Failing Drug or Alcohol Tests

Most probation terms strictly require abstaining from all illegal drugs and alcohol consumption. Failing an ordered drug or alcohol test indicates prohibited substance use in direct violation of probation rules. Even testing positive for legal substances like marijuana could be considered a violation by some judges.

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 Posted on September 07,2023 in Criminal Defense

Police in Texas use deception when interrogating suspects, but within limits. They cannot cross ethical or legal lines. Understanding exactly when the tactics become unacceptable is key. If brought in for questioning, you must know your rights. Deceptive police tactics can wrongly pressure people into admissions or false confessions. Working with a lawyer can help you so you know when and how to answer the questions.

Common Types of Deceptive Interrogation Tactics Used in Texas

Among the most frequent deceptive tactics Texas police use are:

• Falsely claiming eyewitnesses identified the suspect when no witnesses actually exist.
• Bluffing that a suspect’s friend, accomplice, or co-defendant has already confessed and implicated the suspect, in order to elicit admissions.

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 Posted on August 28,2023 in Criminal Defense

In recent years, there has been a growing shift in public opinion regarding marijuana use. The majority of states allow the use of marijuana for medical purposes, and some states have also legalized the drug for recreational use. However, it is important to remember that marijuana is still considered an illegal controlled substance under federal law and in Texas. If you are facing drug charges for marijuana possession in Texas, it is crucial to understand the potential consequences you may face if you are convicted.

Marijuana Laws in Texas

Texas has some of the strictest drug laws in the United States when it comes to marijuana. The possession, sale, distribution, or cultivation of any amount of marijuana is considered a criminal offense. The severity of the offense depends on several factors, such as the amount of marijuana involved and whether there was an intent to distribute.

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 Posted on August 18,2023 in Criminal Defense

Originally published: December 27, 2021 -- Updated: August 17, 2023

Update: As described below, accusations that someone has possessed child pornography can lead to multiple types of serious consequences. However, it is also important to understand when a person could potentially be accused of promotion of child pornography, which is an even more serious offense. This sex crime can not only result in large fines and multiple years of jail time, but a person who is convicted will be required to register as a sex offender, which can limit where they will be able to live and affect their ability to find employment.

Promotion of child pornography generally involves the distribution of illegal materials to others. Actions like transmitting digital files to someone else may lead to these types of charges. However, other activities may fall into this category, such as printing photographs, displaying videos to others, or advertising or offering to sell or distribute child pornography. Any attempts to give, deliver, or transfer materials that depict minors engaging in sexual conduct to others may result in charges of promotion of child pornography. In fact, possessing at least six identical copies of materials that are considered child pornography creates the presumption that a person intends to promote child pornography.

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 Posted on July 28,2023 in Criminal Defense

Of the different offenses that can result in criminal charges in Texas, robbery is among the most serious. Because it is usually considered a violent crime, accusations of robbery can result in harsh treatment from law enforcement, and a person will face felony charges. However, there are some cases where a charge may be elevated to aggravated robbery, and a conviction could result in even more serious penalties. By understanding the elements that may elevate a robbery charge to aggravated robbery and the potential consequences of an aggravated robbery conviction, those who are accused of this offense can determine their best options for addressing the charges. With the help of a skilled and experienced criminal defense attorney, a person can take steps to avoid a conviction or resolve their case with minimal penalties. 

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 Posted on June 19,2023 in Criminal Defense

Killing someone else is one of the most serious crimes a person can commit, and if a person's intentional actions led to someone's death, they may face murder charges. Those who are found guilty of this crime can face severe consequences, including life imprisonment and even the death penalty. For anyone who could potentially face murder charges, it is essential to understand the nature of the charges, the potential penalties for a conviction, and the options for defense.

Murder and Capital Murder Charges

The offense of murder generally involves intentionally killing someone or knowingly taking actions that lead to a person's death. However, a person may also be charged with murder if they took actions that were intended to cause someone to suffer serious bodily harm, and these actions led to someone's death. For example, a vicious beating with a weapon such as a baseball bat is likely to cause serious bodily injuries, and if the victim dies from their injuries, the perpetrator may be charged with murder.

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