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Recent Blog Posts
Charged with DWI After Driving on Painkillers
Being charged with (Driving While Intoxicated) DWI in Texas can be a frightening experience. While most people associate such charges with driving while intoxicated with alcohol, DWIs may also be charged when it is believed a person is under the influence of prescription pain medication. If you have been charged with DWI related to prescription painkillers, you need an aggressive legal defense that will safeguard your rights and interests.
Contacting a high-powered attorney with ample experience in defending clients against such charges will greatly benefit you moving forward. While no two cases are exactly alike, your lawyer will sit down with you, review the charges, and formulate how best to defend your rights and fight for your ultimate vindication.
DWI Laws in Texas
Of course, Texas has strict laws regarding driving under the influence of drugs or alcohol. Like every other state in America, if you are found to have a blood alcohol concentration (BAC) of 0.08 percent or greater, you will likely be subject to arrest. However, it is important to know that driving while intoxicated can also include drugs. More specifically, prescription drugs. Suppose the police officer who pulls you over believes that you are intoxicated in any way, regardless of whether it is drugs or alcohol, you will likely be arrested and face criminal charges.
Challenges That Can Arise in Texas Joint Conservatorships
In Texas, joint conservatorship is a common arrangement where both parents share the rights and responsibilities of raising their children after a divorce or separation. However, this arrangement can present challenges that require careful navigation. If you are currently going through a divorce and are concerned with co-parenting with your soon-to-be ex-spouse, discuss your concerns with your lawyer. Your lawyer will likely possess strategies you can utilize to help find ways for you and your ex-spouse to get along for the well-being of your kids.
Communication and Co-Parenting
One of the primary challenges in joint conservatorship cases is effective communication and co-parenting. Parents must learn to set aside their differences and prioritize open, respectful, and consistent communication. This includes sharing important information about the child’s well-being, such as medical appointments, school updates, and extracurricular activities. Utilizing tools like shared calendars or co-parenting apps can help streamline communication and reduce conflicts.
Do Any Legal Defenses Exist for Domestic Abuse Allegations?
Domestic violence accusations are very serious matters that require careful examination of the evidence and legal defenses. As with various criminal matters, legal defenses do indeed exist for domestic violence allegations. If you have been accused of committing acts of domestic violence, you will need to strongly consider hiring a lawyer to formulate your defense strategy. Your Texas lawyer will examine the allegations you are facing and will work to develop a defense strategy in case these serious allegations escalate into criminal charges.
Three Defense Strategies for Domestic Violence Allegations
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Self-Defense – One possible defense in domestic abuse cases is self-defense. If the accused can prove that they acted in response to an immediate threat of harm or violence, they may be able to argue that their actions were necessary to protect themselves or others. The key elements to establish self-defense include demonstrating a reasonable belief of imminent danger, proportionality in the use of force, and no reasonable alternative to avoid the threat. In this case, proportionality in the use of force means using a similar level of force to what was used against you. For example, if you were pushed, a proportionate response would be pushing back. On the contrary, if you were pushed and then responded by attacking the person with a baseball bat, this is a clear example of an act that is not proportionate compared to the original push.
Essential Courtroom Etiquette for My Criminal Case
When it comes to navigating the complexities of a criminal case, understanding and practicing proper courtroom etiquette is essential. While it may seem like a small thing, improper courtroom etiquette can be devastating for a defendant. Before your first court appearance and in the appearances to follow, discuss with your lawyer the ways you can ensure that your courtroom etiquette is top-notch. While all defendants are innocent until proven guilty, dressing like a slob in the courtroom will almost certainly prove to be detrimental to your case, as the eyes of the court will look down upon any etiquette unbecoming of the court.
Four Musts for Courtroom Etiquette
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Dress appropriately – First impressions are always important, especially in a courtroom. Dressing in appropriate attire demonstrates your respect for the court and the seriousness of the proceedings. This means wearing a suit with a collared shirt and tie for men. Women should also opt for a suit or a blouse with pants. Avoid wearing clothing with offensive slogans, excessive jewelry, or distracting accessories.
Can the Court Order a Paternity Test?
Establishing paternity is crucial for both legal and emotional reasons. In cases where the biological father’s identity is in question, a paternity test can provide clarity and determine important legal rights and responsibilities. However, what happens when parties in a paternity dispute refuse to cooperate? Can the court step in and order a paternity test? The answer is yes; the court can order a paternity test. If you are currently in a paternity dispute, contact a lawyer immediately to obtain crucial legal representation as you navigate this important process.
Legal Basis for Court-Ordered Paternity Tests
In Texas paternity disputes, the court can and often does exercise its authority to order a paternity test. This authority is granted under the jurisdiction of family law, which prioritizes whatever is best for the child. The court aims to establish legal paternity to ensure the child’s rights to financial support, inheritance, and access to medical benefits. Additionally, a court-ordered paternity test serves to protect the rights of both the alleged father and the child, providing the opportunity for a fair and conclusive determination of paternity.
Why You Should Never Discuss Your Criminal Case Online
It is hard to imagine life without computers in today’s digital age, where internet usage is a major part of many people's lives. Understanding the dangers of discussing your criminal case online is essential. Exercising caution and refraining from sharing details or opinions on the internet regarding your criminal case is of the utmost importance when dealing with legal proceedings. If you are facing criminal charges, contact a lawyer at once to ensure that you can make smart decisions that will not put you in any more legal jeopardy than you already are.
Presumption of Innocence
One of the foundational aspects of the legal system is the presumption of innocence. This means that you are considered innocent until proven guilty. Discussing your case online can potentially jeopardize this presumption by revealing sensitive information or making statements that may be misinterpreted or used against you. It is essential to allow the legal process to unfold without interference from social media.
What You Should Do When Being Arrested for Domestic Violence
Being arrested for domestic violence is a serious matter, but it is important to remember that you have rights. If you are arrested for domestic violence, you must take immediate action to protect yourself and those rights. Understanding what you need to do is crucial in the moments following an arrest.
Do Not Speak to the Police Without an Attorney Present
Anything you say to the police can be used against you in court. This is the most important thing you can do if you are arrested for domestic violence. Even if you think you are innocent, it is always best to have an attorney present when you are questioned by the police.
Get Out of Jail as Soon as Possible
Once arrested for domestic violence, you will likely be held in jail until your bail is set. It is important to get out of jail as soon as possible. The amount of bail that is set for a domestic violence charge will vary depending on the circumstances of the case. A personal bond may be possible if you cannot afford bail. A personal bond is a type of bail that is secured by your own signature. If you fail to appear for your court date, you will be responsible for paying the bail in full.
How to Prepare for a Child Protective Services Interview
Preparing for a Child Protective Services (CPS) interview in Texas can prove stressful and daunting. A parent or caregiver concerned about the well-being of a child who is the subject of the investigation will be especially concerned. It is best to approach the interview with clarity, honesty, and a focus on the child's safety and welfare.
Before the Interview
Facing a CPS interview can be emotionally charged, but it is crucial to remain calm and composed throughout the process. Taking deep breaths and staying focused can help you articulate your thoughts clearly. You should review any relevant documentation or records related to your child's welfare, including medical records, school reports, and any communication with CPS or other professionals involved in the case.
Familiarize yourself with your legal rights as a parent or caregiver involved in a CPS investigation. Understand what information is required and what you have the right to withhold. Know the specific allegations made against you or the child involved. Being aware of the concerns will help you address them directly during the interview. In addition:
Facing Child Pornography Charges in Texas? Know Your Rights
In the great State of Texas, crimes against children are taken seriously and prosecuted aggressively. Police, prosecutors, and judges take a firm approach when it comes to punishing people accused of possessing, producing, selling, or distributing media showing minors under the age of 18 engaged in sexual conduct. The offense of possessing child pornography is so serious that, in addition to the typical criminal penalties, a conviction requires a lifetime registry on the Texas sex offender list.
Life for those found guilty under Texas child pornography laws, therefore, becomes very difficult for many reasons. If you find yourself facing charges related to child pornography, you need to act quickly to hire a criminal defense attorney who will give you a strong defense.
How Do Police Find Evidence of Child Pornography?
Law enforcement has a wide variety of tools to find child pornography. Erasing files, emails, or texts does not prevent someone from getting caught. Once authorities have reasonable grounds to suspect someone of possessing child pornography, they may seek a search warrant, allowing them to:
How To Get Your License Back After A DWI Arrest
Driving while intoxicated is penalized in Texas by both administrative and criminal penalties. The state has the right to revoke or suspend your driver's license if you were found guilty of DWI. You cannot drive if your license has been suspended. Additional criminal charges may be brought for driving any vehicle while operating with a suspended license. If a DWI caused you to lose your license, you might be able to get it back and drive legally once again.
How To Reinstate Driving Privileges After a Suspension
The specific measures you must take to get your license restored will vary depending on the specifics of your DWI offense and your criminal history. Not everyone is eligible to have their driving privileges reinstated. If you were found guilty of DWI, you must pay reinstatement fees and provide the Texas Department of Public Safety with documentation demonstrating that you have performed the necessary actions, such as finishing an alcohol and drug education program.
From our offices Llano and Burnet, our law firm serves clients in Marble Falls, Johnson City, Blanco, Fredericksburg, San Saba, Llano County, Burnet County, Mason County, Lampasas County, Blanco County, Mills County, Gillespie County, and throughout Central Texas.
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