Do I Have to Agree to a Blood Alcohol Test in a DUI Arrest?
Arrests for driving while intoxicated in Texas – and for similar crimes by other names in other states – follow a fairly predictable pattern. In almost all cases, the arrest starts with a driver being pulled over. Ideally, but not always, the police officer has probable cause to do so. Probable cause can include any […]
There are Ways to Challenge the Validity of Your Detention
If you are in government custody, whether as a convicted prisoner or as someone detained in jail while awaiting trial, that does not have to be the end of the story. You have avenues to challenge whether your detention is lawful. You can file a petition with the proper court seeking a decision on whether […]
There are Felonies, and There are Really Serious Felonies
All felonies are serious. Even “minor” felonies such as state jail felonies can completely disrupt your life with prison time, big fines, and a criminal record that will never go away and can cause you all kinds of trouble in getting housing, employment, even student loans. But all of that is small change compared to […]
Police Need a Search Warrant, Except When They Don’t
Anyone who has ever read the United States Constitution knows that the Fourth Amendment, part of the Bill of Rights, bans “unreasonable searches and seizures.” Anyone who has ever watched a police or legal show on television knows that police need a warrant to make a search. That is, in fact, the way the system […]
Misdemeanors are Crimes, Too
If you are arrested and charged with a misdemeanor, it is easy to dismiss it as “just a misdemeanor.” That would be a mistake. Yes, even the least serious felonies carry more serious penalties than any misdemeanor, but that does not diminish the seriousness of what conviction of a misdemeanor can bring. I can potentially […]
Are Criminal Records Forever?
They say that breaking up is hard to do, and that is particularly true when it comes to your criminal records, especially if you live in Texas. Only five states have no law that allows people to have criminal records expunged or sealed. 14 states have laws permitting the expungement, sealing, or setting aside of […]
Not All Felonies are Created Equal
Every state has various degrees of criminal charges. That includes felonies. In most states, there are three degrees of felonies – first-, second-, and third-degree. First-degree felonies are the worst crimes and carry the most severe punishments. Texas has a category of felonies that is a little unusual, however. The Texas criminal code includes crimes […]
Illegally Obtained Evidence Cannot be Used Against You
It is well-established in American law that evidence gathered through unlawful means cannot be used in a criminal prosecution. The United States Constitution, the Texas state constitution, and Texas state law all embrace this concept. What it all amounts to is, the police have rules they must follow when investigating a crime. If they do […]
Failing to Appear in Court is a Bad Idea
You cannot get out of a criminal charge – even a minor criminal charge – by simply skipping your court date. This applies to any preliminary court dates as well as your scheduled trial date. If you fail to appear in court when the court says you are required to appear, you can quickly find […]
Being a Repeat Offender in Texas is a Bad Idea
Texas has a reputation as a state that is hard on criminals. Much of that reputation is derived from days gone by when frontier justice prevailed, but much of it is well-deserved. In many respects, Texas law takes a dim view of law-breakers and treats them harshly. It seems likely that there is no other […]