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Criminal Defense Attorneys Blog

BEWARE: Increased Penalties During a State of Emergency

Texas Penal Code section 12.50 provides that penalties increase for certain offenses when committed during a state of emergency. Due to the unexpected outbreak of Covid-19 (Coronavirus), we are currently in a state of emergency! When the President of the United States or the Governor declares a state of emergency, this provision goes into effect.  Texas Governor Abbott declared the Coronavirus a state of emergency on March 13, 2020 (https://gov.texas.gov/news/post/governor-abbott-declares-state-of-disaster-in-texas-due-to-covid-19).…
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March 16, 2020
Criminal Defense Attorneys Blog

Practical Advice for Going Through the DWI Process

If you are reading this, you or a loved one is probably going through the horrible experience of the DWI Process. Please know that we all make mistakes. We are human. DWI is a unique offense in that no one goes out with the intention of driving intoxicated. Please know you have our greatest sympathies. What you are experiencing is actually very common. Many people, approximately 1.4 million, have gone…
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March 12, 2020
Criminal Defense Attorneys Blog

Texas DWI: Private Security Registration License Notice

If you are the holder of a private security registration license, be aware that certain offenses can suspend your license. Most serious offenses, such as murder, assault, and burglary, can result in suspension. Driving while intoxicated, by itself, may not lead to suspension. However, if you commit a Texas DWI in your capacity under the registration, then a DWI may result in suspension. Any offense that may deem you 'unfit'…
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February 25, 2020
Criminal Defense Attorneys Blog

The Perfect Pretext for Illegally Stopping People: Unconfirmed Insurance

A DWI traffic stop based only on unconfirmed insurance lacks the reasonable suspicion required for a search and seizure. The 4th amendment of the Constitution protects citizens from unlawful search and seizure. This protection comes to life in Texas under the Texas Constitution, Article 1, section 9.  This is a wide net.  This means that the “ends do not justify the means”. More simply, the police cannot break the law…
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February 25, 2020
Criminal Defense Attorneys Blog

Give Me a Break, “Passing Judgment”

"My religion is very simple. My religion is kindness." The Dalai Lama "When I do good, I feel good. When I do bad, I feel bad. That's my religion." Abraham Lincoln "Any religion or philosophy which is not based on a respect for life is not a true religion or philosophy." Albert Schweitzer "God has no religions." Mahatma Ghandi "Be kind to all creatures. This is the true religion." Buddha…
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February 3, 2020
Criminal Defense Attorneys Blog

The Biggest Misconception in DWI

The biggest misconception in DWI cases is correlating a single act of bad driving behavior with guilt. Think about the unexpected jerking of the wheel, an accident, a slight swerve or stopping too long at a stop light for example. These may very well be evidence of a driver’s inattention, not intoxication. I have analyzed thousands of DWI cases and tried over 300 during my career. What I find are prosecutors who argue…
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February 3, 2020
Criminal Defense Attorneys Blog

Educating the Public About Lawyer Selection

Paid accolades are the reason that we need to educate the public about lawyer selection The State Bar of Texas regulates all lawyer advertising. For a lawyer to advertise a flyer, billboard, website, or other solicitation, they must pay a fee to the State Bar of Texas and adhere to the advertising and ethics rules that bind Texas lawyers. The State Bar of Texas will review the advertisement and either…
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January 29, 2020
Criminal Defense Attorneys Blog

Shocking Legal Truths on DWI

The way our government is created is simple. The legislature passes the laws and the judicial branch enforces it. That is the way it is designed. This is not the way it works. The Constitution is the framework that guarantees all rights and sets the parameters for all the state legislatures to follow when passing laws. Simple? It should be. Who on earth would dare defy the Constitution? Judges do…
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January 29, 2020
Criminal Defense Attorneys Blog

Police say people who smoke weed have ‘green tongues,’ though there’s no scientific evidence

c Police say people who smoke weed have 'green tongues,' though there's no scientific evidence. From USA TODAY: Police say people who smoke weed have 'green tongues,' though there's no scientific evidence. Police officers nationwide use the observation, among other signs, to justify probable cause and make arrests, specifically in DUI cases. Police officers across the USA alleged in some DUI cases that people who recently smoked marijuana had green…
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November 11, 2019
Criminal Defense Attorneys Blog

Forensic Problems in the Criminal Courts

Forensic problems caused a wrongful conviction in the Michael Morton case. There is a big difference between civil courts and criminal courts. The obvious fact is one deals with money and the other, the loss of liberty (e.g., jail or prison). The rules of evidence that govern both systems are essentially the same. At least, one would think they should be the same. The reality is that criminal courts have…
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October 8, 2019
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