Drug Crimes
Prior Arrest or Conviction Impact on Current Case
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 arrests is not admissible. You cannot be tried of being a criminal in general. You can only be tried for the crime of which you are accused. The prior convictions are not going to be considered by the jury when the jury's deciding whether or [...]
Can You Be Charged With Drug Possession as a Passenger?
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 drug possession in the vehicle would be at a traffic stop. In this situation, the officer may find marijuana under the seat but then nobody in the car admits to possessing the marijuana. The officer may then charge whoever they want for possession. In this case, they may arrest whoever is sitting closest to the drugs or may charge both. However, a seasoned [...]
Alcohol Cases Are Different Than Drug Related DWI Cases
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 or not. With drug DWI situations, this is a little more difficult. There are scientific tests that show that people even with certain levels of marijuana in their blood and are not intoxicated. There is a lot of complicated science concerning the levels of marijuana and the metabolites of marijuana that [...]
What Are Habeas Corpus Cases in Texas?
In some cases, a defendant can be released from jail post-conviction if he or she has been denied their fundamental rights. An attorney files a writ of habeas corpus. A defendant may seek a writ of habeas corpus. The legality of imprisonment is challenged in these cases. The defendant may challenge the conditions of his or her imprisonment. A writ of habeas corpus is Latin for “produce the body.” Habeas corpus cases involve release from jail It’s a court order given to the jailer or the penal facility that seeks to deliver the defendant in question to the [...]
Commonly Asked Questions in Texas Assault Cases
Assault can be a very serious offense in Texas. However, there are legitimate defenses in Texas assault cases. Here are some common questions our Fort Worth criminal defense lawyers are asked. Is Self-Defense Ever an Effective Defense in an Assault Case? Self-defense can be a defense in an assault charge. In Texas, someone is entitled to self-defense or the defense of a third party. A classic example is when a homeowner assaults an intruder in his or her house. Of if someone attacks your child in public you are entitled to fight back. If a person used force against another [...]
Texas Woman That Fired A Gun Sentenced to Five Years
In the 21st Century, increasing numbers of crimes are committed and recorded on social media. In Houston, a woman who admitted to firing a gun from a moving vehicle and recording it on Snapchat was imprisoned for five years. The heavy sentence was handed down even though nobody was hurt in the stunt, reported ABC13. The TV news station reported Sierra Tarbutton was riding in a car with Michael "Money Mike" Cuellar. They were arrested for firing guns as they rode down Memorial Drive in September 2017. Prosecutors alleged she then posted the incident on the social media site Snapchat. [...]
Activist Pushes for Change in Gun Carry Laws Between States
Different U.S. states have different gun laws. That can cause a massive headache and pose potential trouble with the law for gun holders who travel between states. Now a woman is pushing for change in the barriers to guns being carried between states. The firearm that Shaneen Allen was carrying when an officer pulled her over on a New Jersey highway could have sent her to prison for years were it not for a pardon from state governor Chris Christie, reported the Beaumont Enterprise. Advocate Seeks Uniform Concealed Carry Laws Across States The mother from Pennsylvania ended up in jail [...]
Five Factors that Can Skew a DWI Breath Test in Texas
The DWI breath test in Texas is one of the most common ways to charge a driver with being under the influence of alcohol. Although it gives a reading that indicates whether a driver is drunk, there are factors that can unfairly influence the test. Some of these may relate to problems with the equipment. Or medical conditions and ways the test itself is conducted may have a bearing on the result. Here are five factors to be considered that may impact the DWI breath test in Texas. 1 Faulty or Unreliable Breath Test Procedure We assume police officers know [...]
Highlighting the DWI Blood Draw Process in Texas
If you have been accused of driving while intoxicated (DWI) in Texas you may face a bewildering array of tests. The DWI blood draw process is the most physically-invasive test as well as the most reliable one. However, there are improper procedures that can skew results. There are numerous uncertainties. The Texas blood test should be carried out as soon as possible after the time of driving, to be reliable for a jury. Challenges In Texas DWI Blood Draw Procedures However, it can often take an hour or two before blood is drawn from a DWI suspect. It may take [...]
Fort Worth Man is Sentenced to 15 Years for Sixth DWI
Multiple DWIs can land you behind bars for long periods of time. Recently, a man from Fort Worth was sentenced to 15 years in prison for his sixth DWI driving conviction. A report in the Cleburn Times-Review noted William Paul West was pulled over by a Texas State Trooper. He crashed his car into a utility pole in southern Parker County off of U.S. Highway 377. Repeat DWI Offender In Fort Worth Receives 15-Year Sentence A judge in Parker County found the 52-year-old man from Fort Worth guilty of his sixth driving while intoxicated charge. The judge sentenced him to [...]
