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Long-Term Consequences Of An Assault Conviction In Texas Even in a misdemeanor Class A assault on a family member, if they are convicted or even placed on deferred adjudication, then that affects their right to own or possess a firearm because it is a federal offense to then own or possess a firearm. If they are convicted of even Class A assault, then that is going to prevent them from being able to get a handgun license in the future even if it is not on a family member. If they are convicted of any felony level assault, then this [...]

Expungement Of Assault Charges In Texas The only way you can get an assault charge expunged is if you have been found not guilty or the case has been dismissed. If you are found not guilty, then you can immediately get the record of arrest and the records of the charge expunged from your criminal record. That means that the records will be destroyed, deleted and erased and it would not show up on a background check and you could legally say that it never happened. If you get deferred adjudication for assault, not on a family member, that can [...]

What Is Assault? In Texas, assault is any intentional act that makes others think you are about to cause harm. It doesn't matter if you actually cause physical harm. Simply threatening harm or acting in a way that makes others think they are at risk is enough to trigger assault charges. For example, throwing a punch but missing or pretending to throw a punch and causing others to think that you're trying to hurt them can both lead to assault charges. Texas law says that intentionally or knowingly causing physical contact with someone that others would reasonably know will be [...]

Challenges In The Accuracy Of Blood Tests For Drug DWI Cases Blood tests for drugs, or controlled substances, like blood tests for alcohol, are subject to mistakes, and misinterpretation of the chromatograph used to define the levels of the substance they are looking for, that may cause the intoxication. Sometimes, the vials are mixed up. Blood tests are conducted in mass quantity with possibly fifty different vials going at once, because they are run at the same time. A simple mistake in the loading or in the labeling can cause an invalid test for somebody else. The blood tests are [...]

Legal Implications Of Admitting Drug Use During A DWI Stop The most important thing is to not answer any questions. So yes, it is important for the person not to admit use of any drugs, controlled substance, medicine, prescribed, or otherwise, as that will be evidence used against them to prolong the detention, and possibly start an investigation that may lead to an arrest. Nevertheless, if they refuse to answer questions, and they do not volunteer that they have taken any medications, drugs, or anything else, then that cannot be used against them. That will not give the police any [...]

Challenges In Defending Drug-Related DWI Cases In some ways, DWI drug cases are easier to defend, but in some ways, they are harder. In all ways, it is complicated. Attorneys need to have experience defending DWI drug cases, so they are able to give a client the best chance of having a fair trial, and not falsely convicted of these offenses. There is a requirement the attorney must have experience, and familiarity with these drugs, and with different metabolites resulting from that particular drug. The attorney needs to have experience in cross-examining drug recognition experts, officers, and forensic toxicologists who [...]

Possible Extra Charges In Drug-Related DWI Cases Quite often, when people are investigated for DWI, they will be charged with other offenses, such as possession of a controlled substance. Sometimes, it is prescription drugs, such as Xanax, or Adderall, these are commonly used prescribed drugs. People may have those in their pocket, but not in a prescription bottle. They will be arrested, and prosecuted for possession of a controlled substance as well. In DWIs caused by drugs, once the person is arrested, the car is going to be searched, and the officers may find controlled substances, or drugs, and be [...]

Legal Consequences Of Drug-Related DWI Offenses In Texas As far as the DWI itself, penalties are the same as for DWI with alcohol. The first time offense is a class B misdemeanor, with a punishment of three days to one-hundred and eighty days in jail, and up to a $2,000 fine. Just as in other DWI cases with alcohol, if a person has a prior DWI, then a second time DWI can be a class A misdemeanor, up to a year in jail, and up to a $4,000 fine. The third time DWI can be a felony. Just like in [...]

Legal Criteria For DWI Offenses In Texas DWI is defined as driving or operating a motor vehicle while intoxicated. Intoxicated under Texas Law is defined as having an alcohol concentration of 0.08 or greater, which can be breath, blood, urine, or not having the normal use of mental or physical faculties by reason of alcohol or controlled substances, drugs, medications prescribed or over the counter or any combination thereof.

Common Profiles Of Individuals Facing DWI Charges There are typical clients that we do see. Any working person who might have a drink or two after work or out to dinner with anyone, and on the way home, they make the mistake of reaching for the cell phone or they do not come to a complete stop at a traffic sign. Most likely then it will cause law enforcement to suspect that the person might have been drinking. They come from all walks of life, even doctors, attorneys, young or old, college-age kids, young professionals, soccer moms and even grandparents. [...]