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Recent Blog Posts
Probation Violations in Texas
When you get charged for committing a criminal offense in Texas, the judge can use her discretion when deciding what your punishment will be. For violent crimes that have resulted in serious damage or even fatalities, chances are that the judge will sentence you to a harsher punishment including years of incarceration. For first-time offenses and nonviolent crimes, judges sometimes show more leniency and might offer you probation instead of jail time. While you can feel relieved that you do not need to go to prison, there are several requirements and conditions you need to fulfill. If you fail to do so, you run the risk of being in violation, which is something you should take very seriously because your probation can quickly turn into a prison term. Today, we will examine how you should address accusations of violating your probation agreement. Of course, if you are in danger of facing such accusations, contact a dedicated Austin, TX criminal defense attorney to understand how best to protect yourself.
How Can I Get My Suspended License Back?
If you are caught driving while intoxicated (DWI), there are many ways you might be penalized depending on the specifics of what happened. You might need to complete community service, pay fines, serve time in jail, and you might even have your driver’s license suspended. If that happens, it is illegal for you to drive, even if you need to drive to work or to deal with a family emergency. For people who rely on their ability to drive for various important aspects of their daily lives, the prospect of a suspended license can be very distressing. The good news is that there is hope. The state of Texas does allow for driver’s license reinstatement after a DWI under certain conditions. Speak with a dedicated Austin, TX criminal defense attorney to understand how you might get your license reinstated.
When Is a Driver’s License Suspended?
When someone is arrested for a DWI, one of the consequences they will face is having their license suspended. What many people do not know is that your license can be suspended even if you are not convicted. It can be suspended for 90 days without a conviction if you fail a breathalyzer and for 180 days if you refuse to submit to the test.
Examining Texas Rear-End Accidents
Rear-end car crashes account for a large percentage of car accidents. Several things can cause them and they can fall anywhere on the spectrum from causing minimal to severe damage and injury. This article will examine some of the more common causes of this type of accident and the kinds of injuries that typically happen as a result. If you have been rear-ended and you are now suffering, you should contact a knowledgeable Austin, TX personal injury attorney who can review your case and explain various options you may want to consider for recovering compensation
Why Do Rear-End Accidents Happen?
A common factor shared by most accidents is the fact that human beings were involved. Whether the driver made a mistake due to negligence or misjudgment, a passenger caused a distraction, a pedestrian constituted an obstacle on the road, or a person on a production line in a factory was responsible for a faulty auto part, the human factor in almost every accident cannot be denied. Beyond that, there are some common causes of rear-end car crashes, which include:
Exercising Your Right to Remain Silent
Many Americans are familiar with hearing “You have the right to remain silent” anytime someone gets arrested in a movie or TV show. This phrase is the beginning of the Miranda warning, something arresting officers are legally required to say before a suspect can be interrogated. The purpose of this warning is to ensure that criminal suspects, who have no reason to be proficient in legal knowledge, are aware of their constitutional rights that protect them from self-incrimination. Being arrested or brought in for questioning can be stressful and confusing, and even if you are innocent, you might not be thinking straight and might mistakenly say or do something that can be used later on to indicate your guilt. This article will explore the Miranda warning, but if you are accused of a crime, make sure to have a qualified Austin, TX criminal defense lawyer present for any questioning to protect your legal rights.
The Miranda Warning Explained
Regardless of the crime you are suspected of committing, you have certain rights as an American citizen that need to be protected during the criminal procedure. The Miranda warning is a list of rights that are provided for in the 15th and 16th Amendments, and what it includes is generally some variation on the following aspects:
How to Deal with Texas Drug Possession Charges
If you are charged with a crime, it is always something to be taken seriously. If it is a drug crime in Texas, you might face particularly harsh consequences. If you are charged in Texas with drug possession, you could even face serious penalties including jail time. That is why it is so crucial to have reliable legal representation to guide you through the process and ensure that you do not mistakenly incriminate yourself due to a lack of legal expertise. Fortunately, a skilled Austin, TX drug crimes defense lawyer can review your case, examine the prosecutor’s evidence, and consult you on the best way to protect yourself.
How is Drug Possession Punished in Texas
The state of Texas recognizes four classes of drugs, with marijuana having its own class. For every class of drugs, there is a different set of penalties if you are found guilty of possessing that drug.
Tips to Follow If You Are Arrested in Texas
If you are arrested, you might not necessarily be able to control how you react. It can be extremely stressful and distressing, and you are put in a position where you are physically and legally unable to do whatever you want. Often, the arresting officers come into the situation feeling on edge as well, and if you act in a wild or unpredictable way, they may use force or other means to control you in an attempt to control the situation. Under these unideal conditions, knowing how to conduct yourself can have a significant impact on the entire experience of having a criminal conviction. If you have any reason to believe you might get arrested, speak with a skilled Austin, TX criminal defense attorney who can guide you through any legal process and help advocate on behalf of your rights.
How to Act During an Arrest
There is no manual telling you exactly what you should do when you get arrested, particularly because every situation is different. However, the following are all good ideas for you to consider if you get arrested:
What to Know About DWI with a Child Passenger in Texas
Driving While Intoxicated (DWI) is a serious offense, and when a child passenger is involved, the consequences can be even more severe. In Texas, having a child under the age of 15 in a vehicle while driving under the influence can lead to enhanced penalties and harsher repercussions for those convicted. If you were arrested for DWI and a child was in the car with you, you must take quick and aggressive action to protect your interests and, potentially, your freedom. This begins with hiring a high-powered criminal defense attorney to assist you in this very serious legal situation.
Here is What the Law Says in Texas
When a driver is charged with DWI in Texas with a child passenger, he or she may face charges under Texas Penal Code Section 49.045, which explicitly addresses DWI with a child passenger. This offense is considered a state jail felony, punishable by up to two years in jail and a fine of $10,000. In addition to these criminal penalties, the driver may also face the loss of his or her license for six months, alcohol education programs, and the installation of an ignition interlock device on any personal vehicles.
What You Need to Know About Oilfield Injuries in Texas
Working in the oilfield industry in Texas comes with inherent risks and potential dangers that can lead to various types of serious injuries. Understanding the most common forms of oilfield-related injuries is crucial for employees and employers to ensure safety measures and proper protocols are in place to prevent accidents.
However, if you have already been injured in an oilfield accident, an experienced attorney can assist you in pursuing the compensation you may be entitled to. Your lawyer will also ensure you meet required legal deadlines, such as filing your case within two years of your injury.
Prepping for a DWI Administrative License Suspension Hearing
Facing a DWI charge in Texas can be a daunting experience, especially when it involves losing your driver's license. In some cases, you may be able to request an administrative license suspension hearing to challenge the suspension of your driver's license. While the administrative license revocation program (ALR) is a civil process separate from the criminal court proceedings related to your DWI charge, preparing for the hearing is important, as it will give you the best chance of retaining your driving privileges. To ensure you are ready for this hearing, hire an experienced attorney to assist you.
Key Steps for Navigating This Process
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Understand the process – The first step in preparing for a DWI administrative license suspension hearing is understanding the process. In Texas, if you are arrested for DWI and fail or refuse a breath or blood test, your license may be subject to administrative suspension. You have only 15 days from the date the notice is served to request a hearing to challenge the suspension or disqualification of your driver's license.
Collateral Consequences of a Valentine’s Day DWI
Valentine’s Day, dedicated to love and connection, can quickly become a nightmare if one chooses to drink and drive in Texas. If you are arrested this Valentine’s Day on charges related to driving while intoxicated (DWI), seeking the legal counsel of a respected and well-trained attorney in Texas can be extremely beneficial as you look to avoid a conviction and, finally, move on with your life.
Effects of a Valentine’s Day DWI
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Financial and personal stress – A Valentine’s Day DWI conviction in Texas can result in significant financial burdens, especially regarding legal fees. Think of it this way: even if this is your first DWI, you could face fines reaching as high as $2,000, not to mention losing your license and the potential of spending 180 days in prison. If this is your second or third DWI, the fines and potential of jail time are increased. Depending on your financial situation, having to pay exorbitant legal fees can undoubtedly put a strain on your relationship, as can being sentenced to prison time. These stressors can make it difficult for people to effectively communicate with their partners, leading to misunderstandings, arguments, and a breakdown in the overall connection.