Am I Required to Take A Breath Test? Texas Transportation Code § 3501(a) establishes that a person arrested for an alleged driving while intoxicated (DWI) offense is deemed to have consented to submit to the taking of one or more specimens of his or her breath or blood for analysis to determine the alcohol concentration…
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First-Time DWI Offenders Get Second-Chance New Texas Bill, House Bill 3016, was recently signed into law by Texas Governor Greg Abbot, allowing individuals with certain nonviolent criminal convictions to have those convictions sealed from their records. The new “second chance” law, as it is being called, is a drastic step forward for Texas citizens, especially…
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Kevin Bennett Elected Fellow of Texas Bar Foundation Austin Criminal Defense Lawyer Kevin Bennett has been elected to membership in the Fellows of the Texas Bar Foundation. Fellows of the Foundation are selected for their professional achievements and have demonstrated a commitment to the justice system throughout the State of Texas. Kevin is an experienced…
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Citations / Arrest / Release for Theft When someone gets accused of theft, they are arrested or issued a ticket, sometimes both. Texas Penal Code 31.03 says that a person commits theft when they unlawfully take the property of another with the intent to deprive the owner of that property. That person must also have…
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What are the Laws Regarding Synthetic Marijuana in Texas? In recent years there have been many forms of synthetic marijuana created and marketed as “herbal incense” or “herbal smoking blends.” These compounds are considered designer drugs, and were created to have the same psychoactive effects as marijuana while still being legal. Synthetic marijuana has since…
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Continual Increase in Controlled substance use by College Students For over a decade marijuana use has increased continually among college students. In 2015, 38% of college students said that they used marijuana in the last 12 months. This is up 30 percent from 2006. Studies show that young people age 18-24 have a heightened risk…
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Felony and Misdemeanor Drug Charges If you are found possessing illegal drugs you can face very serious criminal charges. The severity of the charge depends on the drug possessed, the quantity of the drugs possessed, the presence of aggravating factors, and the defendant’s past criminal history. If you are charged with a drug crime in…
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New Criminal Laws in Texas in 2015 As of Sept 1 2015, the State Legislature in Austin, TX, changed the penalties for several of the most common criminal offenses prosecuted in Texas. Many of these new law changes impacted the threshold levels that determine the classification of the offense and the penalties associated with that…
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Texas Concealed Handgun New Laws Take Effect Effective January 1, 2016 new laws for the open carrying of handguns were passed in House bill 910. The new law authorizes individuals to obtain a license to openly carry a handgun in the same places that allow the licensed carrying of a concealed handgun with some exceptions….
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Do Not Plead Guilty to Family Violence Charges in Travis County, Texas Many individuals accused of family violence in Travis County and throughout Texas believe they are trapped and must plead guilty to domestic violence charges to make the whole thing go away. This is not always the case. In Travis County nearly 65% of…
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