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…
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Probation and DWI Charges 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 a plea of…
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What Is a No Refusal Weekend? 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…
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Drug DWIs Are On the Rise in Texas 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…
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Texas’s Definition of 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…
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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…
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Second DWI Charges in Texas 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 or she is…
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Reducing DWI Charges in Texas 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…
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Prescription Drug Fraud On the Rise 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…
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Collateral Consequences of a Criminal Conviction For many people, fears about being convicted for criminal offense are often based on the possible fines and prison sentences that may be imposed. In truth, criminal convictions carry many other long-term consequences that make other case resolutions far more preferable. The collateral consequences of convictions depend on the…
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