The Medlin Law Firm - Gary Medlin

If the value of the item stolen is over $2,500, then it’s a felony.

The prosecution has to prove that the person appropriated the property without the consent of the owner with the intention to deprive the owner of his property by appropriating it. So appropriation is unlawful if it is without the consent of the owner, or if the property is stolen and the person knows it is stolen by another person. Basically, the state has to prove that the person appropriated property with the intent to deprive the owner of the property, and it is unlawful because it was without the owner’s consent. Key Elements To Prove Theft Charges There is also [...]

Prevalence Of Trials In Criminal Proceedings In our practice, we find that half our cases are set for trial, but out of those, only about one fifth goes through a trial. We frequently show prosecutors we are willing to fight the case, and that we are not there to strike a deal, plea bargain, or plead guilty to some charge. On the day of trial, when the prosecutor has to bring in witnesses to prove their case beyond a reasonable doubt to a unanimous jury, at that point, we usually get a dismissal of the charge, or the charge is [...]

Reasons Some Attorneys Avoid Criminal Trials Yes, most attorneys avoid going to trial. The majority of attorneys feel like they do not want to go to trial, because many of them feel like they do not have the experience, or talent to have a chance at winning. Secondly, many of the attorneys feel like they do not make money if they go to trial that it is taking too much time away from their office. They think they can make more money in the office. Thirdly, many of the attorneys feel like it is only going to turn out worse [...]

Assessing The Strength Of The Prosecution's Case Unless the prosecution is willing to dismiss or give us a sweet deal that can be expunged, then we are going to get better results usually by taking the case to trial. Frequently, when the date of trial is near, and the prospective jurors are in the hall, and the judge asks the prosecution to bring their witnesses in, and prove their case, the prosecution then realizes they need to dismiss the case, or reduce it to a minor offense, because they did not have enough evidence. Normally, we find that a case [...]

Ignition Interlock Device Requirements For Drug-Related DWI Offenses This is somewhat insane, but yes, you must have the interlock system in your car. An interlock device can detect alcohol on someone’s breath. It does not do anything to detect anything else such as drugs. Nevertheless, if a person has a second time DWI, even though it is an allegation of DWI by drugs, they will be required to have an interlock device installed. Tell me what good that does, I do not know, but judges are not going to let someone who has a second time DWI on bond without [...]

Circumstances That Elevate DWI Charges In Texas In situations where someone has been injured or taken to the hospital, that person can be charged with a felony offense of intoxication assault. If they are guilty of driving while intoxicated or accused of this crime, and there was child under fifteen years of age in the car, then they may be charged with driving while intoxicated with the child. That is a felony offense even though it is a first-time offense. Of course, if they are involved in an alleged driving while intoxicated accident that causes the death of someone, then [...]

Scientific Approaches In Defending Drug-Related DWI Cases I will be relying on science a great deal. There is no science that shows what level of any controlled substance, or drugs causes’ intoxication. Again, there is a scientific consensus that different drugs have different effects on different people. Science is important in defending DWI drug cases, and it is important to be able to cross-examine state’s scientists, and understand the science, and have the scientist to admit favorable things for the defense. It is important to know scientists who can testify for the defense as experts, and know what evidence can [...]

The Importance Of Expertise In Drug-Related DWI Defense Intoxication by drugs is different from intoxication by alcohol. The science is different in that the prosecutor is going to try to convict the client. Therefore, it is imperative that the attorney know all the science, and all the particular expert testimonies about drugs, and to be able to defend a DWI drug case. An attorney might be well versed in the effects of alcohol, and alcohol testing, yet that does not make the attorney an expert in drugs, and their intoxicating effects. Therefore, that is why it is imperative that the [...]

Long-Term Impacts Of A Drug-Related DWI Conviction In Texas Collateral consequences just like DWI with alcohol is license suspension implications. For a first time DWI, a person can have their license suspended for up to a year. For a second DWI, up to two years, and then there can be consequences such as drug testing, counseling, and drug treatment. But otherwise, the consequences are the same as the DWI with alcohol.