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Felony Probation Violations in Texas

Felony Probation Violation in Texas

Attorney Marsh

This topic is going to be broken into two parts. This part is going to deal with felony probation violation in Texas. The next part is going to deal with misdemeanor probation violation in Texas. Felonies are the more serious offenses in Texas. These can range from 6 months in State Jail up to life in prison. I’m sure you have some questions already. If you’re not sure what type of probation you or a loved one are on, you need to check with your Probation Officer (PO) or your paperwork that put you on probation. Getting Started In a…

What is a Criminal Confession in Texas

What is a Criminal Confession in Texas?

Attorney Marsh

In Texas, as in other states, a criminal confession is a formal acknowledgment of guilt during a criminal investigation. This all goes back to your 5th Amendment Right to Remain Silent. When someone is suspected of committing a crime, police will begin their investigation. The investigation may start with police making direct contact with the person accused. Before, during, or after that first contact, police gather evidence to build their case against the person accused. If the person accused makes any statements to the police, they may be considered admissions instead of confessions. Under Texas law, confessions must be recorded by video/audio…

What's the difference between a DUI and DWI

What’s The Difference Between DUI and DWI in Texas?

Attorney Marsh

This is a question that gets asked pretty often so I thought it’s worth explaining. Many people use the words DUI and DWI interchangeably when these problems come up. Some states call it DWI, others call it DUI, and some states have different criminal charges for DWI vs. DUI. The differences can be quite large. DUI stands for Driving Under the Influence. DWI stands for Driving While Intoxicated. The potential punishments and consequences between the two can be very important if you’re charged with either in Texas. What’s The Difference Between DUI and DWI in Texas? What is considered a DUI…

Car Accidents, DWI, and Civil Lawsuits

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…

Is Domestic Violence a Felony in Texas

Is Domestic Violence a Felony in Texas?

Attorney Marsh

Background and History of Domestic Violence Law in Texas In the past 5-10 years in Texas, the number domestic violence charges have rapidly increased. Domestic violence has caught national attention and the attention of the Texas Legislature. I think there is an unspoken rule that if there is a call to police for domestic violence, then someone is going to jail. However, depending on the facts of your case, you may have options available to you for your defense. 3 Most Common Levels of Domestic Violence  There are three levels of domestic violence in Texas. These are assault by threat…

What Happens if You Violate Probation in Texas

What Happens If You Violate Probation?

Attorney Marsh

This question comes up from clients pretty often. This post is Part 1 of 2. The stakes can be high if your probation is revoked in Texas. Usually, clients call or ask me – what happens if you violate probation? My answer is the same… it depends. Many clients are fearful of the sword hanging over their head that is probation. What happens when they violate probation can be very nerve wracking, especially if they’re facing prison time. It’s a very valid concern considering many criminal cases are resolved through a plea bargain agreement between the Defendant and the State. If…

Police and Excessive Force Claims in Texas

Police and Excessive Force Claims in Texas

Attorney Marsh

Every so often a client will call me or send me an email about this topic. It usually involves someone coming into contact with the police and feeling that their rights were violated. When it comes to the police and excessive force claims in Texas, there is a high hurdle to overcome. Day in and day out the police have to deal with a variety of situations. Some of the situations require the use of force when someone gets aggressive, resists arrest, or breaks the law. Very often, when the police have to make an arrest, the person doesn’t go…

No Knock Warrants in Texas

No Knock Warrants in Texas

Q: Knock, knock? A: Police Q: Poilce, who? A: We’ve got a search warrant for your home. (Kick in door) Maybe this is what people have come to expect from police when they execute a search warrant in Texas. Most people see this type of interaction on TV or in the movies. It almost always ends with the door kicked in, police entering with guns drawn, people dragged out of the home in cuffs, and thrown into the back of a police car. While No Knock Warrants in Texas might not be an issue you confront every day, the public…

Fourth Amendment Exceptions – Community Caretaking

Fourth Amendment Exceptions – Community Caretaking

This post is about another of the exceptions to the Fourth Amendment’s warrant requirement. In previous posts I explained some other exceptions. The Community Caretaking exception is similar to the Fourth Amendment Exception of Exigency. However, the difference between the two is very important. Exigency usually deals with the pressing needs of law enforcement, investigating crimes, and collecting evidence. It is more geared toward these activities in mind. Community caretaking has much more to do with a police officer’s traditional role in the community. A warrant isn’t required because the aim of community caretaking is to ensure safety, and not targeted…

Probation Revocation in Texas

Probation Revocation in Texas

Attorney Marsh

The vast majority of criminal cases end with someone being put on some type of probation in Texas. This post is a quick summary of Probation Revocation in Texas. To find out more, go to my Probation Revocation Hearings Page. In Texas, probation is technically called Community Supervision. In a previous post I wrote about the difference between Deferred Adjudication Probation vs. Straight Probation. The difference between the two is very important. You should talk to your lawyer about the differences so that you know what you’re agreeing to and the positives/negatives of your choice. At the beginning of your case,…