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The Law Office of Kevin Bennett \ Austin Criminal Defense Blog

Expunging a Felony in Texas

Expunging a Felony in Texas It is not uncommon for employers to ask applicants whether they have any felony convictions on employment applications. Criminal background checks are incredibly common among employers across the nation, and an individual or company is justified in not hiring people who have previously committed crimes that could impact their business [ Continue Reading… ]

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Should I Get a Public Defender or a Court-Appointed Attorney?

Should I Get a Public Defender or a Court-Appointed Attorney? The Sixth Amendment to the United States Constitution establishes that: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall [ Continue Reading… ]

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Can I Get Probation For a DWI?

Can I Get Probation For a DWI? For many people who are arrested for driving while intoxicated (DWI) for the first time, the dominant concern about appearing in court is the threat of being sentenced to jail time. Texas Code of Criminal Procedure § 42A.052 establishes that when an alleged offender is convicted or enters [ Continue Reading… ]

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No Refusal Weekends

No Refusal Weekends During certain holidays or major events, many law enforcement agencies will advertise so-called “No Refusal Weekends,” drunk driving prevention efforts in which motorists are told that they cannot refuse chemical testing requests. Police officers may be authorized to conduct forced blood draws during these weekends when alleged offenders do refuse to submit [ Continue Reading… ]

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Increase in Drugged DWI

Increase in Drugged DWI In April 2017, the Governors Highway Safety Association (GHSA) and the Foundation for Advancing Alcohol Responsibility (Responsibility.org) released a comprehensive update of their 2015 report about drug use on our nation’s roadways, “Drug Impaired Driving: A Guide for States.” The report highlighted the first time that the number for drivers killed [ Continue Reading… ]

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What is a Controlled Substance?

What is a Controlled Substance? Any illicit drug or prescription medication for which its manufacture, possession, or use is regulated by the state or federal government is referred to as a controlled substance. Both the Federal Controlled Substances Act (CSA) and the Texas Controlled Substances Act classify controlled substances into different “schedules” or groups. The [ Continue Reading… ]

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How Serious Is a Possession of Marijuana Charge?

How Serious Is a Possession of Marijuana Charge? In November 2012, KUT-FM reported that an open records request showed that more than a quarter of the 18,000 people busted by the Austin Police Department (APD) for marijuana possession since 2009 were given notices to appear (commonly referred to as “marijuana tickets”) instead of being placed [ Continue Reading… ]

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What Happens If This Is My Second DWI?

What Happens If This Is My Second DWI? Many people who have been arrested for their first driving while intoxicated (DWI) offense in Texas hope that their lack of a prior criminal record will be a mitigating factor that convinces prosecutors to reduce the criminal charge. A person is not afforded this luxury when he [ Continue Reading… ]

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Getting a DWI Reduced

Getting a DWI Reduced The term “wet reckless” typically refers to a reckless driving offense that was originally charged as a driving while intoxicated (DWI) arrest. Wet reckless charges are often the result of plea bargaining between a prosecutor and a criminal defense attorney. While guilty pleas are more common in cases that have stronger [ Continue Reading… ]

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Increase in Prescription Drug Fraud Cases

Increase in Prescription Drug Fraud Cases On July 13, 2017, federal officials announced that they were filing charges against more than 400 individuals for their roles in multiple fraud schemes involving about $1.3 billion in false Medicare billings. According to the FBI, the coordinated nationwide sweep by more than 1,000 law enforcement personnel—operating as part [ Continue Reading… ]

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