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Three Tips for Finding a DWI Attorney Fort Worth

  If you were accused of a DWI, you can’t just select any lawyer for your representation. You’ll need one who’s well-versed in DUIs and DWIs and can lighten or even erase your sentence depending on the misdemeanor. Time is also of the essence, since DUI and DWI cases tend to go to court more quickly compared to other legal suits. That means you can’t waste time with the wrong lawyer. By following… Read more

Parole vs Probation

Parole vs Probation Photo: NBC News O.J. Simpson is back in the legal news with his parole hearing taking place on June 20th. Everything I have read seems to indicate the juice will once again be loose. Often people who are unfamiliar with the criminal justice system confuse parole with probation. In Texas probation and parole have some similarities but are very different. Parole in Texas is a remedy to release a person… Read more

Tiger Woods charged with DUI in Florida

We have all seen Tiger Woods mugshot by now.  It certainly was not his best moment.  But could Tiger Woods be charged with DUI in Texas?  Nope.  Only people under the age of 21 can be charged with DUI in Texas.  You can be arrested for DUI in Texas if you are operating a motor vehicle in a public place with “any detectable” amount of alcohol, even if you are under the Texas legal limit of 0.08, and… Read more

HOW DO WE DEFINE “POSSESSION” IN TEXAS?

Many criminal offenses in Texas have to do with “possession” of an item—Unlawful Possession of a Firearm by a Felon, Possession of Controlled Substance, Possession of Marijuana, just to name a few. In Texas, the Penal Code defines Possession as “actual care, custody, control, or management” (Texas Penal Code Section 1.07(a)(39).  Given that definition, there are many circumstances where a person can… Read more

No Refusal Weekend—What Does It Mean?

No Refusal Weekend—What Does It Mean? Ah, summertime—scorching hot Texas days, time spent by the pool with a drink in your hand.  Holiday parties for Cinco de Mayo, Memorial Day, Fourth of July.  Summer in Texas can be great fun, but those good times can be brought to a screeching halt by an arrest for Driving While Intoxicated.  In Tarrant County and many other counties throughout the State, law enforcement agencies enact “No Refusal… Read more

DFW Airport Offenses

There is a heightened sense of security on the part of law enforcement officers at airports across the United States. DFW airport is no exception. Most people understand the need for tighter security given the climate we live in today. But completely innocent people can find themselves on the other end of the law at an airport. Dr. David Dao of Elizabethtown, Kentucky found out the hard way when he… Read more

Non-Disclosure

The Texas Legislature changed the law with regard to Nondisclosures for offenses committed after September 1st, 2015. In order to get a nondisclosure under the new law, you must fall into one of five categories.   1. Nondisclosure for certain misdemeanors (often referred to as “automatic” nondisclosure) – This is a major change from the old law. Certain nondisclosures are no longer discretionary.… Read more

Self-Defense

Ronald Gasser recently made the news for his recent manslaughter arrest in Louisiana. Gasser is alleged to have shot and killed ex-NFL player Joe McKnight in a road rage dispute. According to authorities, Gasser made a statement that included him being fearful and defending himself. These statements indicate Gasser laying the ground work for a self-defense claim. Self-defense is a common term in our… Read more

Probation Violation

There are two types of probation in Texas for any criminal offense (We will not discuss “shock probation” which is a variation of a straight probation). Community Supervision (often times referred to as “straight probation”) and Deferred Adjudication. They share similar qualities. Both provide for a maximum length of probation of 2 years, in the case of a misdemeanor and 10 years in the case of a felony… Read more

Stop and Frisk

During this political season, you may hear the terms “Stop and Frisk” mentioned by the two candidates for President of the United States. This term as it is used by the candidates refers to the practice implemented by the New York Police department that began in 2002. A Federal judge ruled this practice unconstitutional in 2013. The ruling hinged largely on this practice being a form of “indirect racial… Read more