Posted on February 15, 2024 in Criminal Law

Compassionate release is a process by which incarcerated individuals can be released early due to extraordinary or compelling circumstances. It allows eligible inmates to finish their sentences under supervision outside of prison. This process is governed under federal and state laws, with specific eligibility criteria and procedures that must be followed. A Texas criminal defense lawyer can help determine if you or a family member may have the potential for compassionate release.

Who is Eligible for Compassionate Release Consideration?

There are certain requirements that an inmate must meet to qualify for compassionate release consideration. At the federal level and in many states, including Texas, the following general criteria apply:

• The inmate must have an extraordinary or compelling circumstance, such as a terminal medical condition or advanced age and deteriorating health. Family circumstances like the death or incapacitation of a spouse or caregiver may also qualify.

Continue Reading ››

 Posted on January 27, 2024 in Traffic Violations

Getting pulled over and ticketed for passing a stopped school bus can be an unsettling and frustrating experience. However, understanding the law and your options is key to successfully navigating this type of traffic charge. A Texas criminal defense lawyer can help you break down the basics you need to know and how to move forward.

The Law in Texas

Texas has strict laws prohibiting drivers from passing school buses that are stopped to load or unload children. Under the Texas Transportation Code, both lanes of traffic must stop if a school bus displays its flashing red lights and extends its stop sign.

You are required to stop whether you are approaching the bus from the front or the back. It does not matter how many lanes there are—all traffic from both directions must come to a complete stop.

Penalties and Fines

The penalties for illegally passing a school bus in Texas depend on whether you are convicted, the number of offenses, and whether a child was endangered.

Continue Reading ››

 Posted on January 11, 2024 in Criminal Law

Traveling with a firearm can lead to serious criminal charges if not done legally and properly. Getting arrested for carrying a gun at an airport is a frightening experience. But there are steps you can take to protect yourself if you end up facing charges.  A Texas criminal defense lawyer can help you navigate this charge.

Understand the Charges

The first thing to understand is what the potential charges are that you may face under federal and state law. The most common charge for carrying a gun to a security checkpoint is “possession of a weapon in a prohibited place” under the Texas Penal Code. This is a third-degree felony punishable by two to 10 years in prison. You may also face charges under federal law for carrying a firearm or ammunition into a secured area of an airport, which can lead to fines and up to 10 years imprisonment. The facts and circumstances will determine the actual charges.

Continue Reading ››

 Posted on December 28, 2023 in Criminal Law

Transporting undocumented immigrants anywhere within Texas borders—or supporting those efforts—invites criminal prosecution for alien smuggling under federal law. Besides potential fines and jail terms, a conviction seriously disrupts your future. Working with a Texas criminal defense lawyer can help guide you to maximize your defense options.

Assess the Factual Allegations

Smuggling allegations could stem from events as minor as driving friends lacking papers or acts as severe as operating for-profit trafficking channels. Examining the actual accusations and evidence gives attorneys a perspective for narrowing strategic responses targeting acquittals, reduced charges, or mitigated sentencing. Aggressive challenge preparation requires understanding precise alleged actions.

Explore Viable Legal Defenses

Was someone else actually responsible? Did you lack awareness passengers lacked legitimate documentation? Establishing a duress defense proves you had no reasonable means to refuse participation? Certain arguments like these may defeat some or all alien transportation and aiding charges when factually plausible. An attorney can develop possible defenses against documented claim specifics to determine viability in overcoming prosecution assertions.

Continue Reading ››

 Posted on December 15, 2023 in DWI / DUI

A drunk driving arrest can cause some people to have quick reactions they later regret. But certain choices further jeopardize your case. Avoid these common errors in judgment following driving while intoxicated (DWI) charges to give your defense the greatest advantage. A Texas defense attorney can help along the way.

Immediately Pleading Guilty

Feeling ashamed, many defendants plead guilty at arraignment to end the nightmare. However, the quick confession means you will no longer have any bargaining leverage. The chance to build an aggressive defense to get charges dropped or reduced will no longer exist. It is best to remain calm and work alongside a lawyer to work on strategic options. While there is no guarantee, having legal representation is worth seeing what may be possible.

Failing to Exercise the Right to an Attorney

It is too easy to damage your cases by declining legal help. However, a DWI attorney knows how to exploit technical errors, gather crucial evidence, negotiate with prosecutors, and design defense strategies specifically catered to your situation. It is in your best interest not to go up against this case alone.

Continue Reading ››

 Posted on November 21, 2023 in DWI / DUI

Having your driver’s license suspended after a DWI charge can greatly disrupt your life. It can take a toll, especially when you have to travel to work, school, or other important places. Many wonder if and when they may be able to restore their driving privileges in Texas after an alcohol-related administrative license revocation. You have a right to know about reinstating your license, even if you have a DWI charge. A Texas lawyer can help you understand your rights.

Mandatory License Suspension Periods

The Texas Department of Public Safety will automatically suspend the license of any driver who:

• Refuses a breathalyzer test after being lawfully stopped for DWI. The suspension is 180 days
• Fails a breath or blood test with a blood alcohol concentration of 0.08% or higher. The suspension is 90 days if this is your first offense

Continue Reading ››

 Posted on November 09, 2023 in DWI / DUI

Being arrested for DWI in Texas is scary. A DWI conviction can disrupt your life with jail time, license suspension, fines, and a criminal record. Working with a Texas lawyer is the best way to navigate the charges and achieve the most favorable outcome. Here is how a lawyer can help you face your DWI charge in Texas:

Reviewing the Evidence

After an arrest, an attorney will order evidence like the police report, breath or blood test results, and dash and body cam footage. Thoroughly examining the evidence is key to building a strong defense, attacking any weak points or procedural mistakes by officers.

Assessing the Charges

Texas has related DWI charges ranging from misdemeanor DWI to felony DWI 3rd, DWI with child passenger, DWI with serious bodily injury or death, or other similar charges. An attorney will analyze the specifics of your charges and any enhancements to advise on potential penalties and defensive strategies. They can easily spot a gap and see if it could benefit your case.

Continue Reading ››

 Posted on October 20, 2023 in DWI / DUI

Judges often order probation or suspended sentences for first-time DWI offenses in Texas rather than jail time. However, these alternatives come with strict conditions. A Texas lawyer can help you gain clarity and avoid pitfalls.

What to Know About DWI Probation Requirements

Instead of jail, Texas courts may grant DWI probation, allowing you to serve your sentence supervised within the community. Probation terms typically include:

• Mandatory substance abuse counseling.
• Community service.
• Installing an ignition interlock device.
• Paying fines and costs.
• Meeting a probation officer routinely.
• Undergoing regular alcohol testing.

You must comply fully with all probation requirements for its entire duration. Otherwise, your probation could get revoked, meaning incarceration. Having an experienced DWI lawyer advise your probation strategy is crucial. They can help craft your probation plan, assist with conditions like interlock installation and alcohol testing, and intervene if any violations get alleged.

Continue Reading ››

 Posted on October 10, 2023 in DWI / DUI

Being arrested for DUI charges in Texas can lead to a complex legal process with severe, life-altering consequences that go far beyond the night spent in jail. That is why understanding exactly how to respond after a DUI arrest is absolutely critical to protecting your legal rights and minimizing the penalties you may face with a Texas lawyer.

Be Cooperative but Selectively Silent

Beyond providing your driver’s license and basic identifying information as required, it is wise to decline to engage in any questioning or interrogations politely yet firmly. You should not have any discussions after your DUI arrest until you have a lawyer present with you. Anything you say to officers on the scene, on camera at the station, or on recorded police interviews can and will be used as statements against your interests later in court. Wait until your lawyer is present before providing accounts of what occurred.

Continue Reading ››

 Posted on September 22, 2023 in Criminal Law

Gun crimes are a significant concern in the United States, prompting discussions about the jurisdiction and enforcement of firearms-related offenses. While many gun crimes are prosecuted at the state level, federal law also plays a crucial role in addressing and prosecuting federal gun crimes. If you are facing federal gun charges, your freedom may be at stake, as a federal gun crime conviction can lead to devastating personal and professional consequences. Contact a lawyer with experience in defending clients against federal gun charges. While a positive outcome cannot be guaranteed, hiring a lawyer is your best chance at obtaining a favorable case outcome.

Federal Firearm Laws

The United States criminal code features several federal laws regulating firearms and their possession, sale, and use. These laws are designated to complement existing Texas laws and address specific issues that extend beyond state boundaries, making federal involvement necessary.

Continue Reading ››