Category Archive for "General"

Car Accidents, DWI, and Civil Lawsuits

Attorney Marsh

This is a guest blog post by a friend of mine, Jon Clark, who is a personal injury attorney out of Austin, Texas. Personal injury cases usually include everything from slip and fall, car accidents, and wrongful death claims. Car accident cases and DWI charges often go hand in hand. Tolerance for drinking and driving has rapidly decreased over time. Aside from being sued, there are many collateral consequences of a conviction for DWI. The purpose of this blog post is to highlight the many civil consequences (non-criminal consequences) of DWI. Jon Clark’s contact information is listed at the bottom…

The Williamson County Courthouse Pt 2

Attorney Marsh

The Williamson County Courthouse Pt 2 This is the second part of my posts about the Williamson County Courthouse, in Williamson County, Texas. The first post dealt with the felony District Courts and other District Courts on the first floor. This post will focus on the misdemeanor County Courts at Law, along with the Civil and Probate Court, CPS Cases and Attorney General Court Cases. All these Courts/Offices are located on the Second Floor of the Courthouse. Here is a quick guide to navigating the Second Floor of the Williamson County Courthouse. Williamson County Courts at Law Currently, Williamson County…

Getting Sued and Texas Criminal Probation

Attorney Marsh

Recently I had a client come into my office because he was getting sued on an unrelated case. This was a big deal to him because he’s on criminal probation. He was worried that getting sued while on probation could get him revoked. If you’re on misdemeanor or felony probation in Texas, if you get revoked, you may be looking at years in prison. This is the same as staring down the barrel of a gun for most people. However, just to ease your fears, you can’t have your  probation revoked for being sued in an unrelated civil lawsuit. These…

3 Tips for Filling out Legal Forms

Every day I spend time reading, writing, and filling out legal forms. Everyone hates filling out forms and I feel your pain 100%. The worst thing is being handed a clipboard in the doctor’s office with ten pages of boxes to check, lines to fill out, and explanations to write. Your eyes gloss over right away and you let out a big sigh. You don’t want to fill out every box. You don’t want to explain every detail. You don’t want to go into your purse or wallet and pull out cards. Unfortunately, forms are a huge part of our…

Fourth Amendment Exceptions – Search Incident to Arrest

Attorney Marsh

Exception #2 Search Incident to Arrest In one of the last posts I wrote about exceptions to police needing a Warrant under the Fourth Amendment. Whether it’s a search warrant or an arrest warrant, once you’re arrested, a police officer can search you, your clothes, and the area immediately around you. At this point, the officer has determined probable cause, another officer has determined probable cause, or a Judge has determined probable cause when the warrant was issued. If you remember, probable cause is the level of evidence needed for a police officer to make an arrest. All states recognize…

Why Are We Innocent Until Proven Guilty?

Attorney Marsh

One of the central ideas of American criminal law is the Presumption of Innocence. Despite what you may think, this presumption is no different in Texas. It’s a very important concept and its origins go far back. It puts the burden of proof on the accuser, not the denier. It’s an important difference and one that affects our entire society. It can’t be given only to the people we like. Often you’ll hear people say “we all know he’s guilty, so why bother even having a trial?” That view weakens our view of jury trials to administer justice. It also…

Job Hunting and Your Texas Criminal Record

This is a problem that I discuss with my clients even before I start working on their cases. It’s a bigger deal than a conviction itself. It’s about job hunting and your Texas criminal record. It can affect your short term and long term earning potential. When clients come into my office, and while I’m working on their cases, I’m actively planning for the best possible outcome for them. I’m always trying to plan ahead and put them in a position to later have their record sealed. In Texas, as I’ve mentioned before, “record sealing” takes two forms. One is…

Texas DWI Total Refusal

Attorney Marsh

Refusal to take a Breath or Blood Test In Texas, you may have heard that there are No Refusal Weekends. This means that legally, if a police officer suspects you are driving under the influence, you are not allowed to refuse a breath or blood test. DWI isn’t limited to alcohol. It can include drugs as well. Usually these tests are to find out if you have a BAC of 0.08 or higher. In Texas, a total refusal DWI case can have long lasting effects on your life. What happens when you refuse? A total refusal off all tests, including the…

What Happens on The First Court Date?

Clients ask me this question all the time. Even if they don’t, I still answer it before they leave my office. I don’t want you to be surprised by anything or worry too much. I’ll be right next to you every time we have Court. A good part of my job is to reduce surprises, remember? Whether we’re in Municipal Court, Justice of the Peace Court, County Court, or District Court, all of what I’m explaining to you here applies in Texas Courts. Just follow some basic rules. But first, I just want to remind everyone what’s expected of you…

What to Expect During Our First Meeting

Attorney Marsh

I want to give clients an idea of what it’s like working with me and the costs involved. You want to know what to expect during our first meeting. If I was you, I’d want to know too. No one likes surprises. Especially big, expensive, surprises when it comes to arrest and criminal issues. I know that hiring a lawyer or going in for a consultation with a lawyer doesn’t happen every day with most people.In fact, many clients that I’ve worked with in the past have never had to hire a lawyer before me. Because most people don’t deal…