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Recent Blog Posts
Tarrant County Jail Release
Tarrant County Jail Release can be a confusing process especially for someone who does not have prior experience getting someone out of jail. The first step in the process is for a bond to be set by a Tarrant County Magistrate. Once the bond amount is set then the bond can be post for the individual to be released.
How Are Bail Bond Amounts Determined?
After arrest, an individual will be taken to a Tarrant County Magistrate where bond will be set. The Magistrate is located at the Tarrant County Jail. If a person is arrested and taken to a city jail, the arrestee must be taken to the Tarrant County Jail to have the bond set. The Magistrate takes into account certain criteria when setting the bond amount. Criteria include but not limited to:
- Alleged facts of the case
- Risk of arrestee to re-offend
- Financial assessment (ability to pay)
Even On 4/20 Marijuana Is Still Illegal In Texas
4/20 is Marijuana Day! Who would have thought ten years ago that in April 2020 the government would require most of us to "social distance" at home and only essential businesses would be open. It is mind blowing how far the legalization movement has come that some states would consider marijuana dispensaries essential businesses! As long as the federal government considers marijuana a Schedule 1 Drug, it will be up to individual states to determine the legality of marijuana. Unfortunately even on 4/20 Texas still considers possession of any amount of marijuana illegal.
Where and When Did 420 Start?
There are different version of the beginning of 420, but one of the most popular is that a group of friends in California called the Waldos would use 420 as a reference to smoking weed. The story goes that the Waldos would meet at 4:20 after school to toke up and search for a mystery crop of marijuana. 420 has become so popular that a main stream newspaper USA Today wrote an article about the origins of 420. The Waldos have created a website documenting their first use of the term 420.
Tarrant County Labor Detail Program
What is the Labor Detail Program?
The Tarrant County Sheriff's Office Labor Detail Program is an alternative to jail program. The Judge in a case has the authority to allow a convicted individual to work off their sentence on the Tarrant County Labor Detail Program instead of serving their sentence in jail. The conviction must be for Tarrant County Jail time, either working off the time of a jail sentence or days in jail as a condition of probation. In the Labor Detail Program, an individual does not go to jail but reports to the program at least one time a week to work off their sentence. The benefit of Labor Detail is that an individual does not go to jail!
What type work will an individual complete on Tarrant County Labor Detail Program?
Various community and county projects are available on the Labor Detail Program. Examples of assignments include but not limited to:
- Cleaning up the common areas of the jail
- Picking up outside around the County Courthouses
When do you take a breath test after a DWI arrest?
After you have been arrested for Driving While Intoxicated the next step is for the officer to request a sample of your breath or blood. The breath test is taken at the jail using the intoxilyzer and the blood sample can be taken at the jail or hospital. Many people are surprised to learn the breath test is not taken on the side of the road but later at the jail! The results of the breath and/or blood test may result in a suspension of your driver's license. Many officers carry a portable breath test device but that breath test does not count toward determining your alcohol concentration or license suspension.
Statutory Warning
The Statutory Warning is the form that an officer will read to you formally requesting a specimen following a DWI arrest. The officer may request a specimen of breath, blood, or both. The officer decides what type of specimen you will provide. The warning may be read to you at the scene in the back of the police car or at the jail. The warning sets out the consequences for providing a sample over .08 or refusing to provide a sample. You will be provided a copy of the document to follow along with while the officer reads it to you.
Tarrant County Pretrial Diversion Programs
If you are a first-time offender in Tarrant County, you may qualify for a Pretrial Diversion program! Pretrial Diversion Programs are an alternative to prosecution which seeks to divert certain offenders from criminal proceedings into a program of supervision and counseling. When the diversion program is complete, the case is dismissed. Once the case is dismissed, an expunction can be filed immediately in some cases or after a wait period in other cases. For more information on an expunction click here.
Tarrant County Diversion Programs include:
Deferred Prosecution Program. Deferred Prosecution Program, also known as DPP, is available for youthful offenders, age 17 to 24 at the time of the offense, who have not been previously convicted of an offense, and who are willing and able to rehabilitate themselves. For more information on DPP click here.
Texans Can Receive Deferred Adjudication for Driving While Intoxicated!
On September 1, 2019, the Texas Legislature passed a bill making it possible to receive Deferred Adjudication for a first time Driving While Intoxicated offense if they qualify. Once the person completes the deferred adjudication period the case is dismissed! Just because a case is dismissed does not mean it disappears! There is still a record unless a Judge signs an Order of Non-Disclosure. The Non-Disclosure can take place after the second anniversary of the completion date of the deferred adjudication community supervision period.
Can I get Deferred Adjudication for All DWI Charges in Texas?
A Driving While Intoxicated offense will not qualify for Deferred Adjudication if at the time the driver:
- Has a commercial driver’s license
- Involves a blood alcohol content of .15 or more
- Two or more Driving While Intoxicated arrests
- Driving While Intoxicated with Child Passenger
- Flying While Intoxicated
- Assembling or Operating an Amusement Ride While Intoxicated
Do You Have a Gold Star on Your Texas Driver’s License or ID Card?
If you do not have a gold star, you may not be able to use your Texas driver’s license or identification card at the airport! The Real ID Act begins October 1, 2020 and only state-issued driver licenses and identification cards that are fully compliant with the REAL ID Act will be accepted for official federal government purposes such as boarding domestic flights.
The Texas Department of Public Safety website explains how the Real ID Act will impact Texas residents. Below are some of the questions and answer provided by the Texas Department of Public Safety. The link to the website is at the bottom of this page.
What is REAL ID?
REAL ID is a coordinated effort by the states and the federal government to combat terrorism, identity theft, and other crimes by strengthening the integrity, accuracy, and security of the driver license and identification card issuance process.
The REAL ID Act was part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and the Tsunami Relief Act and was passed by the U.S. Congress in 2005.
Could CBD Cause You To Fail A Drug Test?
With the legalization of marijuana for recreational and medicinal purposes spreading across the country, more and more employers are conducting drug tests, but could CBD cause you to fail one?
In a perfect world, Cannabidiol (CBD) shouldn’t cause you to fail any random or scheduled drug test either at work or undertaken by law enforcement.
That’s in a perfect world. In the imperfect world we live in, many common CBD products contain trace amounts of tetrahydrocannabinol (THC). If enough THC is present in the CBD product you consume, it could lead to a positive indication on a drug test.
This means that in extremely rare cases taking enough CBD could lead to a positive indication, but that depends a lot on the quality of the product and its composition.
Why do some CBD products contain varying amounts of THC?
As the growth of CBD products has been extremely fast, not all products are regulated by the Food and Drug Administration. This is especially true when you’re purchasing CBD products from international companies.
Are Brass Knuckles Illegal in Texas?
UPDATED July 18, 2019
Possession of Brass Knuckles will be legal on September 1, 2019
For years, the Texas penal codes prohibited possession of “brass knuckles” (including plastic self-defense keyrings often shaped like animal heads) and classified the offense as a Class A Misdemeanor. That meant people in possession of brass knuckles faced up to one year in jail and a maximum fine of $4,000. But many people argued that in a state that allows open carry of firearms and other weapons, that punishing brass knuckles seemed disproportionate.
After the bill allowing the possession of brass knuckles was carried unanimously in the state House of Representatives and state Senate, Governor Greg Abbott signed HB 446 into law this May. Republicans and Democrats reached across the aisle to make the bill a reality, citing the importance of self-defense and personal protection and the history of Texas encouraging this freedom.
HB 446 did not stop at legalizing brass knuckles, however. The bill also makes tomahawks, nightsticks, maces, and blackjacks legal to carry in the state. The law goes into effect on September 1, 2019.
THC Limits Not Correlating With Driving Impairment
Roadside oral indicator tests are commonly used across North America and around the world to determine whether someone has drugs in their system, but what do they really show?
When you’re pulled over driving your vehicle and the police officer or trooper thinks you may be under the influence, a breath analyzer test could be used in conjunction with sobriety tests to determine what level of alcohol you have present in your system and whether or not you have an impaired ability to drive. As the legalization of both medical marijuana and recreational marijuana continues across North America, more and more law enforcement agencies are looking at ways to combat drug driving or drivers driving their vehicles under the influence of marijuana. However, detecting drugs in someone’s system isn't the problem. It’s determining whether the levels of drugs in someone’s system have impaired their ability to operate a motor vehicle. Roadside saliva tests don’t tell you how much of a particular drug you have in your system, how high you are, whether you’re impaired or how impaired you may be. They are just an indication that drugs are present at some level in your system.
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