01/30/2024 The Medlin Law Firm
How Can You Prepare For Cross-Examination By The Prosecution?Yes, the prosecution can call a toxicologist, and in most cases, they must do so to make their breath or blood test admissible in court. During cross-examination, our attorneys can challenge the toxicologist’s testimony regarding the con...
01/30/2024 The Medlin Law Firm
The toxicologist can assist the defense by examining the blood test comprehensively, including all substances tested for. They can testify about studies or lack thereof, showing whether particular levels of drugs cause impairment or intoxication. Additionally, the toxicologist can analyze the levels...
01/30/2024 The Medlin Law Firm
Can A Toxicologist Determine Whether Medication Or Other Factors May Have Contributed To A False BAC Reading In A DWI Case?The Role Of A Toxicologist In Your DWI Case Is Important To Your DWI Legal CaseCertainly. While breath test results should not be affected by medications, there may be exception...
01/30/2024 The Medlin Law Firm
In a DWI case, a toxicologist plays a critical role. They are called as witnesses to support the admissibility of blood or breath test results in court. Their responsibility is to demonstrate that the tests were conducted using recognized scientific principles and proper procedures, resulting in leg...
01/30/2024 The Medlin Law Firm
What Experts Can My Attorney Call On To Help Defend DUI Charges?When facing DUI charges, it is important to understand the role of experts in your defense. These experts include specialists in blood testing, breath testing, as well as the expertise of your attorney. Our attorneys possess extensive k...
01/30/2024 The Medlin Law Firm
An expunction is a legal process to remove a criminal conviction or a criminal charge or arrest from a person’s record and to delete, erase and destroy the state’s records of the arrest, charge, and/or conviction.Charges have to be dismissed, no billed by the grand jury, or there must have been...
01/30/2024 The Medlin Law Firm
In this article, you can discover:Whether a toxicologist can challenge the accuracy of breath and blood tests in a DWI case.How toxicologists can be questioned during cross-examination in court.The effects of medication on breath and blood test results.Can A Toxicologist Challenge The Accuracy Of A...
01/30/2024 The Medlin Law Firm
What Experts Can My Attorney Call On To Help Defend DUI Charges?When facing DUI charges, it is important to understand the role of experts in your defense. These experts include specialists in blood testing, breath testing, as well as the expertise of your attorney. Our attorneys possess extensive k...
01/30/2024 The Medlin Law Firm
In this article, you can discover:● The concept of pretrial resolutions in DWI cases.● Factors considered during the negotiation of a plea deal in a DWI case.● Potential consequences of accepting a plea deal or settlement in a DWI case.What Is A Pretrial Resolution In A DWI Case?A pretrial res...
01/30/2024 The Medlin Law Firm
Well, it’s certainly possible. So DWIs start with Class B, misdemeanor level DWI, for which their possible punishment includes jail time up to 180 days in jail, a second time DWI, or a DWI over zero point 15 alcohol concentration. Those can carry up to a year in jail. Third-time DWI becomes a felo...
01/30/2024 The Medlin Law Firm
Is seven grams a felony in Texas? First, we need to figure out what we’re talking about seven grams of. Seven grams of marijuana is not a felony in Texas. That’s under two ounces, the lowest level of possession of marijuana offense which is a class B misdemeanor. Punishable by up to six months i...
01/30/2024 The Medlin Law Firm
How long do you go to jail for domestic violence in Texas? That’s a load of questions. Assaults and assaults on a family member are also called domestic violence cases. It can be a wide range of offense levels, from as low as a Class C ticket level. The offense is punishable by a fine only up to $...
01/30/2024 The Medlin Law Firm
Can assault charges be dropped in Texas? Here’s the loyalty answer for you. Yes and no. Sometimes, what people mean by dropping a case differs from another term. We often use it for essentially dropping a case, which is a dismissal. So, all assault cases can be dismissed. We achieve many dismissal...
01/30/2024 The Medlin Law Firm
Well, here’s an answer for you. Yes and no. But as a general rule, everyone who has been accused of a crime is entitled to bail. Now, bail is not supposed to be used as a tool of oppression. It’s only supposed to be used to ensure that a person shows up for court.The bail may be set at whatever...
01/30/2024 The Medlin Law Firm
Well, the good lawyer’s answer to this is, it depends. Sometimes people can be released with just a ticket and no bail at all required. So assault by contact or offensive contact is a Class C ticket-level offense in Texas, punishable by fine only.So if a person could be detained and arrested even...
01/30/2024 The Medlin Law Firm
Yes, it can. It’s not easy, it’s hard, but we can often get DWI dismissed in Texas. Now, some of these factors that will play into whether or not a DWI can be dismissed are the particular facts of the offense. Dealing with how the person was detained, why they were pulled over, if the officer sa...
01/30/2024 The Medlin Law Firm
Is Texas a no-tolerance state for drugs? Well, the short answer is it depends. It depends a great deal on the jurisdiction or the city.For instance, more liberal cities have more liberal attitudes towards drugs. Some cities are much more conservative and have much more strict attitudes towards drugs...
01/30/2024 The Medlin Law Firm
How much coke is a felony in Texas? Well, when you say Coke, I’m guessing that you’re not talking about Coca-Cola. But you’re talking about cocaine. So any amount of cocaine is a felony in Texas. So, it starts with the lowest level offense of possession. Under one gram of cocaine, a penalty gr...
01/30/2024 The Medlin Law Firm
What cannot be expunged in Texas? Well, if a person is arrested and charged with a crime in Texas and they receive a probation, a straight probation, or a deferred adjudication, or if a person is found guilty and given probation or a jail sentence or a prison sentence, they are not eligible to have...
01/30/2024 The Medlin Law Firm
How long does an expunction take in Texas? Well, first off, we need to talk about being eligible for the expunction because it can take a while to be eligible for an expunction. Now, if a person gets arrested for some type of criminal offense in Texas and that case gets dismissed, or the person is f...
01/30/2024 The Medlin Law Firm
Well, this is a pretty frequent question that we get, and a lot of people refer to all DWIs as DUI. In many states, it’s called a DUI, but in Texas, the offense that we’re usually talking about is DWI, driving while intoxicated.Now, there is an offense of DUI driving under the influence in Texas...
01/30/2024 The Medlin Law Firm
With a few exceptions, all offenses are bondable or should have a bond set. As a general rule, people who have been accused of the crime or are arrested cannot be held without a bond. The few exceptions are very serious charges such as murder. However, even in these cases, a bond is usually set. It...
01/30/2024 The Medlin Law Firm
With a few exceptions, all offenses are bondable or should have a bond set. As a general rule, people who have been accused of the crime or are arrested cannot be held without a bond. The few exceptions are very serious charges such as murder. However, even in these cases, a bond is usually set. It...
01/30/2024 The Medlin Law Firm
When motorists are pulled over for a suspected DWI, they may not always realize their rights or pick up on instances when police officers are making a mistake or following improper procedures. However, police officer DWI mistakes occur more often than people realize.Here are three major police offic...
01/30/2024 The Medlin Law Firm
In some cases, a trivial dispute or a falling out can lead to sudden violence. Police say a man fatally shot a neighbor and critically injured two others because they sprayed water on his vehicle.The incident happened in Cedar Hill south west of Dallas in October 2017. The Star-Telegram reported Dan...
01/30/2024 The Medlin Law Firm
Over the holidays, crimes at stores typically spike in Texas and elsewhere. While shoplifting is one of the most prevalent offenses, stores may also be hit with other types of offenses.Some of these carry heavy sentences as evidenced by the case of a man who was sentenced to five years in prison for...
01/30/2024 The Medlin Law Firm
Texas executed a Mexican national in the fall of 2017, despite an international outcry. Death row inmate Ruben Cárdenas was put to death despite a spate of 11th hour appeals and objections from his home country and United Nations human rights experts.The execution went ahead on Nov 8, reported the...
01/30/2024 The Medlin Law Firm
Texas has a formidable reputation for locking up defendants. Although the state has moved to reduce its prison population in recent years there are some obscure ways you can be locked up. These include defaulting on the renting of furniture.Recently, an investigation found that while most businesses...
01/30/2024 The Medlin Law Firm
Policing of the mentally ill has been a major issue in Texas for decades with resources scant to help people with particular needs.However, a new effort is underway in three Texas cities to proactively police the mentally ill, according to The Crime Report.The publication cites the work of the Behav...
01/30/2024 The Medlin Law Firm
We were alarmed to read about how a detective in San Antonio mishandled more than 130 sex crimes cases going back four years.The San Antonio police unit came under scrutiny in 2017 following reports a Special Victims Unit detective improperly investigated dozens of sex crime and family violence case...
01/30/2024 The Medlin Law Firm
The DWI process in Texas may seem intimidating and confusing, particularly if you have been arrested for the first time. Texas takes an uncompromising stance with drunk drivers and police officers may not explain the process well. Here are some of the steps in the process.The StopThe DWI process alm...
01/30/2024 The Medlin Law Firm
Company directors, government officials and bankers are frequently in the news when they are charged with white collar crimes. However, there are many myths about white collar crimes.These were dealt with in a recent article in The Washington Post. In an era when alleged misconduct is being probed a...
01/30/2024 The Medlin Law Firm
What Is Burglary Of Habitation?In layman’s terms, it is the burglary of a home. The definition of burglary of habitation Texas penal code uses is the unlawful entering or staying in a private structure with the intent of committing a felony; this could be theft, assault or another illegal action....
01/30/2024 The Medlin Law Firm
Many defendants are confused about criminal trials and there are numerous misconceptions. On our website, we point out that many people are influenced by trials they see on the TV.Often people get the beyond reasonable doubt burden of proof confused with the lower one in civil trials. On occasions,...
01/30/2024 The Medlin Law Firm
Assault is a wide-ranging crime in Texas. However, an assault conviction may lead to a number of consequences in Texas.Here are some common questions asked in assault cases.1 Is Self-Defense a Legitimate Defense in an Assault Case?Self-defense is a defense to any type of assault charged. If you are...
01/30/2024 The Medlin Law Firm
The issue of restrictions on police searching your cellphone has been the subject of a series of important court decisions in recent years. However, police cannot search the cellphones of criminal suspects without a warrant and they need to establish probable cause to obtain one.This principle was r...
01/30/2024 The Medlin Law Firm
Texas allows the open carry of long guns. It’s a situation that one lawmaker wants to change in the aftermath of a church massacre.State Rep. Poncho Nevarez made the call after November’s mass shooting when Devin Patrick Kelley walked into the First Baptist Church in Sutherland Springs and shot...
01/30/2024 The Medlin Law Firm
Shortly after the most deadly shooting in Texas history at the First Baptist Church in Sutherland Springs in November, Attorney General Ken Paxton suggested armed volunteer security might help stop similar attacks in the future.In fact, a new state law went into effect in September, noted the Texas...
01/30/2024 The Medlin Law Firm
Under Texas law, you can be charged with shoplifting in a wide range of circumstances. Depending on the value of the item stolen, you could be deprived of your liberty.Under the Texas Penal Code Section 31.03, the circumstances for shoplifting are set out.When we think of shoplifting, we think of a...
01/30/2024 The Medlin Law Firm
It is important for people to know that alcohol cases are different than drug-related DWI cases. In alcohol cases, law enforcement can measure a person’s blood alcohol content level with blood and breath tests to make a determination as to whether the individual is under the influence of alcohol o...