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Recent Blog Posts
When Can a Person Be Charged With Domestic Assault in Texas?
Domestic disputes can occur in a variety of situations, and they can sometimes escalate to the point where a person may be arrested and charged with domestic assault or other offenses involving family violence. Many people believe that domestic assault only occurs when there is a physical altercation between spouses, family members, or people who are in a romantic relationship. However, domestic assault charges can be filed in other situations as well, even in cases where there was no physical contact between the alleged victim and the accused (Terroristic Threat). It is important to understand the specific charges that may apply in these situations and the consequences you may face if you are convicted. With the help of a criminal defense attorney, you can determine your best options for defending against domestic assault or family violence charges.
Can Texas Drivers Be Charged With DWI When Using Marijuana or Drugs?
In Texas, it is illegal to drive while intoxicated. However, DWI charges do not just apply in situations where a person drank alcohol before driving. Intoxication may also occur in situations involving the use of drugs, including illegal controlled substances, prescription drugs, and marijuana. If you have been pulled over by a police officer, questioned about your use of marijuana or other drugs, and arrested on DWI charges, you will need to understand the specific criminal charges that may apply. By working with an experienced lawyer, you can determine your best options for defense.
Texas DWI Laws Regarding Drugs
Driving while intoxicated (DWI) is a criminal offense in Texas. When it comes to alcohol use, intoxication is defined as having a blood alcohol content of at least .08 percent. However, the Texas Penal Code also states that a person may be considered to be intoxicated if they do not have the normal use of their physical or mental faculties due to the use of alcohol, marijuana, or other controlled substances. The combination of different types of substances, such as alcohol and prescription drugs, may also cause a person to become intoxicated.
Is Expunction Available for Marijuana Arrests in Tarrant County?
After you are arrested for a crime, there is a record of that arrest that can follow you around for the rest of your life. A criminal history can make it difficult, if not impossible, to get a job, rent an apartment, be accepted into college, or take out a loan. This can be especially problematic if you have been arrested on charges related to marijuana. Even though marijuana is considered by most people to be a non-harmful drug, and it has been legalized in some states, it is still an illegal substance in Texas. Arrests, charges, or convictions for marijuana possession or distribution can create a permanent black mark on your record.
Fortunately, in some cases, you may be able to have your record "expunged," which means that an arrest or a criminal charge will be erased from your criminal history. If you are concerned about how a marijuana arrest may affect your future, you will want to understand whether expunction will be a solution that will allow you to clear your record.
Is Possession of Drug Paraphernalia a Criminal Offense in Texas?
In most cases, criminal charges related to illegal drugs will involve accusations that a person was in possession of controlled substances. However, there are other items that may also be related to drugs, including manufacturing equipment, packaging materials, or devices used to consume drugs, and possession of these items may also lead to criminal charges. For those who are involved in criminal cases related to drugs, it is important to understand how the laws in Texas address the possession of drug paraphernalia.
What Is Drug Paraphernalia?
Under Texas law, drug paraphernalia may include any equipment, products, or materials of any kind that are used, intended for use, or designed for use in planting, cultivating, growing, harvesting, manufacturing, compounding, processing, packing, injecting, ingesting, or inhaling controlled substances. In general, anything that can be used to cultivate, package, or consume illegal drugs can be considered drug paraphernalia. Common examples include bongs and pipes used for smoking marijuana or methamphetamine pipes. Other examples include syringes and needles used for injecting drugs like heroin. Devices used to package and distribute drugs may also be considered paraphernalia, such as scales and other measuring devices used to weigh drugs or baggies used to package and distribute substances.
What Are the Penalties for Violating a Protective Order in Texas?
There are multiple reasons why Texas courts may issue a protective order (commonly known as a restraining order). These orders are often put in place in cases involving allegations of family violence, although they may also be used in situations where a person is accused of offenses such as sexual assault or harassment. In cases where a protective order has been issued, a person will be required to follow its terms, even if they believe that it was based on false accusations. Violating a protective order can result in serious criminal penalties, and anyone who is subject to this type of order will need to work with a criminal defense lawyer to determine their legal options.
Consequences for Violating the Restrictions Put in Place by a Protective Order
A protective order will generally prohibit a person from taking any illegal actions against their alleged victims, such as committing family violence or engaging in behavior that could be considered harassment. Numerous other restrictions may be put in place, and a person could be charged with violating a protective order if they:
Can I Request a Hearing to Contest a DWI Driver’s License Suspension?
Being arrested on suspicion of drunk driving is a serious matter. Criminal charges for Driving While Intoxicated (DWI) can result in a number of penalties, but even if you are not charged with or convicted of DWI, you could face the suspension of your driver’s license. By understanding when a license suspension will apply, when you can request an administrative hearing, and how you can regain your driving privileges, you can determine your best options in these situations.
Administrative License Revocation (ALR)
When a police officer has probable cause to believe that a person was driving while under the influence of alcohol, drugs, or any other substances that impaired their ability to operate a motor vehicle safely, they may perform an arrest. After taking the person to a police station, the officer will request a sample of their breath or blood, which will be used to determine whether they were legally intoxicated while they were driving. When requesting a breath or blood sample, the officer will provide a warning detailing the consequences the person will face if they refuse to give a sample or if they are over the legal blood alcohol limit.
When Is Deferred Adjudication Available in DWI Cases?
An arrest for drunk or intoxicated driving can lead to multiple serious consequences. A person convicted of driving while intoxicated (DWI) may be sentenced to time in prison, be required to pay thousands of dollars in fines, and their driver’s license may be suspended. Fortunately, options may be available that will allow a person to avoid a conviction, including deferred adjudication. A person who is facing DWI charges can work with a criminal defense attorney to find solutions that will allow them to move forward successfully after a DWI arrest.
What Is Deferred Adjudication?
To avoid being convicted of a DWI offense, deferred adjudication may allow a person to resolve their case and serve a sentence of probation. In these cases, a person will appear before a judge and admit guilt, but they will not be formally convicted of the charges. Instead, they will serve a sentence of community supervision. If they successfully complete the term of probation without being arrested or charged with another offense, their case will be closed without applying punishments such as fines or jail time.
What Are the Penalties for Shoplifting/Retail Theft in Texas?
There are multiple different types of offenses that may be considered theft, and they generally involve the misappropriation of someone else’s property with the intent to deprive that person of ownership of money or physical items. Retail theft, which is commonly known as shoplifting, is one of the most common offenses that fall under this category. Those who have been accused of retail theft will need to understand the exact nature of the charges and the potential penalties they may face if they are convicted.
Misdemeanor or Felony Retail Theft
The Texas Penal Code generally does not distinguish retail theft from other forms of theft, and the charges a person may face will depend on the value of the items that were allegedly stolen. These charges may include:
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Class C misdemeanor - This charge will apply if the value of property stolen is less than $100. A conviction will result in a fine of up to $500.
What Are the Penalties for Possession of Marijuana or THC in Texas?
Over the past decade, the use of marijuana has become more and more acceptable in the United States. For many, this drug is similar to alcohol in that it has enjoyable effects without causing problems for a person’s overall health. In fact, it may even provide health benefits for some, and its use as a medical treatment for mental health issues such as anxiety or physical problems such as chronic pain has become more common. Because of these changing attitudes, several states have either legalized or decriminalized marijuana, and the drug may be available for medical use or even for recreational purposes in many areas. However, the state of Texas still considers marijuana to be an illegal drug, and residents of the state will need to be aware of the potential penalties they could face if they are arrested and charged with possession of marijuana or THC.
Possession of “Marihuana” in Texas
Getting an Occupational Driver’s License in Texas
If your driving privileges have been suspended or revoked due to a conviction on DWI charges or for any other reason, you know how hard it is to manage modern life without being allowed to drive. Public transportation is available in North Texas, but if we are being honest, riding a bus or train is nowhere near as convenient as driving yourself.
There is no excuse for driving on a suspended license, and getting caught doing so will leave you subject to serious criminal penalties. Texas law, however, gives you the option of applying for an occupational license—also called an “essential need” license—so that you can keep up with your life despite your license suspension.
Understanding the Occupational Driver’s License
There are consequences for breaking the law, and sometimes those consequences include the suspension of your driving privileges. However, Texas lawmakers have recognized that it is not necessarily in the public interest to enforce a license suspension if it means that the offender will not be able to work or care for his or her family. With this in mind, the state’s occupational driver’s license program offers a way for the state to balance punitive measures against an offender and the needs of the people who depend on the offender, including his or her employer and family members.
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