In this post I’m going to talk about crimes with deadly weapon findings. Deadly weapon findings have an affect on the amount of time someone will spend in prison before they are eligible for parole (early release). It is very important to consider when deciding Whether or Not to Take a Plea Bargain. In short,
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
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
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
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
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
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
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
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
So I realized in my last post, Patios, Porches, Police, and Backyards in Texas I somewhat put the cart before the horse. This post is to fix that. Also, this post is the fifth part of my posts on Fourth Amendment Exceptions. The Fourth Amendment Exceptions – Plain View involves things that officers see or smell. Searches
This post is going to focus on your home and the areas that surround it. The areas around the home, in the legal world, is called the curtilage. The curtilage has the almost identical constitutional privacy protections as does your home. The reason why is because this part of your property is so closely related to
Can You Get Arrested for DWI at Under .08 in Texas? The short answer is YES. I’m going to explain why in this blog post. Recently, one of my friends asked me this question so I figured I would write on this topic. I’m sure he’s not the only one who has had this question. People
