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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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....

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,...

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...

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...

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...

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...

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...

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...

Can a passenger be charged if drugs are found in the vehicle? Yes, it does happen frequently, however, there is usually not enough evidence to convict the passenger. A common example of a passenger getting arrested for drugs in the vehicle would be at a traffic stop. In this situation, the officer m...

As a general rule, a prior arrest or conviction impact on current case is not going to hurt at all. A prior conviction or arrest is not going to affect the defense’s chance of winning at trial. This is because when the individual is on trial accused of a crime, evidence of prior convictions or arr...

There are several different types of police encounters. One particularly common one is what the police like to call consensual, and occurs when they approach someone in public and start talking to them. While that is certainly permissible, anyone who is approached by a police officer can refuse to t...

Our client had a prior felony conviction and was looking at a minimum of 15 years in prison if convicted of possession with intent to deliver cocaine.Police officers had a tip that he was in possession of cocaine and knocked on his door. They claimed that the client allowed them to come in where the...

Our client was in court accepting probation for possessing a controlled substance. After appearing before the judge and meeting with a probation officer, she drove home. On the way she fell asleep and drifted onto the shoulder of the highway, running over a man who had parked on the shoulder with ca...

Any evidence or statements made by a person prior to their arrest may be used against them if the officer had reasonable suspicion supporting their decision to perform the detention. Once a person has been arrested, any statements made as a result of custodial interrogation cannot be used against th...

On Wednesday, a State district Judge exonerated 44-year-old John Earl Nolley for the 1996 murder of Sharon McLane. Nolley was released after 19 years in prison in May 2016 but was not declared innocent until a Texas judge signed an order following the emergence of new evidence. The order qualifies N...

If someone has been asked to go to a police station regarding an incident, they should call an attorney. There is no requirement for a person to comply with such a request. Once the individual contacts an attorney, that attorney can contact the police officer or detective to find out more informatio...

It was Christmas time and our client was going to walk to a holiday party. He stopped at his neighborhood convenience store to buy a scratch-off ticket – and was a winner! Just then a gang member walked in and pointed a gun at the store owner and demanded the cash. The gang member then pointed the...

Our client was stopped for a traffic violation and admitted to having a few drinks earlier. The client did okay on the field sobriety tests, but was arrested and submitted to a breathalyzer test – the result was .14. We were able to show the jury how unreliable the breathalyzer is and how the part...

Sting operations are often used by police to catch alleged sex offenders. Seven people were recently arrested in a Fort Worth online predator sting.Those arrested included a North Crowley High School teacher reported the Star-Telegram. They were accused of online solicitation of a minor following a...

The shooting of a police officer or another public official in Texas carries a capital murder charge. In the fall of 2017, a student at Texas Tech was charged with the killing of a university police officer.A report on NPR stated Hollis Daniels confessed to the killing of the university police offic...

Being charged with a DWI in Texas is a serious offense, even if nobody is hurt. If you kill another driver or another road user, you are likely to be facing a long time behind bars.Recently, a 44-year old man was arrested and charged with driving while intoxicated after he struck and killed a pedest...

Identity theft in Texas can be a complicated offense that causes years of problems for victims. In one recent report from El Paso, a defendant is accused of living on a false persona for years and even using it when he was arrested by cops for drunk driving.A report on Channel 5 News cited years of...

A Supreme Court ruling in 2017 that changes how Texas determines intellectual disability in Capital Murder cases is set to impact at least 10 Texas death row inmates.In March 2017, the U.S. Supreme Court ruled in favor of Texas death row inmate Bobby Moore. The nation’s highest court sent his case...

Prisons in Texas have a reputation for being uncompromising and even deadly places for those housed in them. When Hurricane Harvey hit the state in 2017, Texas inmates suffered serious deprivations, according to reports.A report in The Nation noted inmates in prisons across the state were left in in...

Austin has a police oversight committee. However, the refusal of the police to act on the recommendations of the citizen panel puts the 16-year experiment in jeopardy.The panel described the action police took over a 25-year-old man as an example of “what not to do” on a mental health call.The T...

On Thursday night, 26-year-old Roderick Farris was shot and killed at a home in South Fort Worth.The police came to know about the shooting when an individual stopped a patrol around 8:45 p.m. and sent the cops to a home at New York and Harvey avenues.The brother of Farris, who saw the shooting, tol...

Corruption crimes against politicians make big headlines. However, these kinds of offenses can be tenuous. Recently, prosecutors dropped criminal charges against state Rep. Dawanna Dukes,Travis County prosecutors went as far as saying the felony charges against the Democratic state lawmaker should n...

The worst mass shooting in U.S. history in Las Vegas in 2017 prompted calls for a bump stock ban, with Texas Republicans leading the charge.A report on KHOU noted Texas Republicans in Congress – Sen. John Cornyn and Rep. Bill Flores – expressed an interest in exploring a ban on bump stocks, an a...