Case Darwin

What is a Drug-Free Zone Enhancement?

It is even more important that you have an experienced criminal defense attorney if you are hit with a drug-free zone enhancement.  Such an enhancement can truly have catastrophic effects.  For example, if you plea to a drug-free zone enhancement, a sentence to time requires the person to serve out his sentence day for a… Read More

What is a 12.44(a) or a 12.44(b)?

A 12.44(a) or a 12.44(b) comes from the Texas Penal Code.  Texas Penal Code section 12.44(a) typically gets a defendant time served in the county jail for a state-jail felony.  It does carry with it a felony conviction.  Texas Penal Code section 12.44(b) is a conversion statute. It converts a state-jail felony into a Class… Read More

What is a 3(g) offense or aggravated offense?

The term “3(g)” comes from former Texas Code of Criminal Procedure article 42.12, section 3(g). Such article was recently repealed. It is now codified as Texas Code of Criminal Procedure article 42A.054, “Limitation on Judge-Ordered Community Supervision.” 3(g) offenses are offenses in which a Judge cannot give a defendant regular or straight probation. Thus, a… Read More

Texas D.W.I. Driver’s License Suspension Following Arrest

After a D.W.I. arrest, such person has issued a temporary driving permit, which is good for 40 days only. See Tex. Transp. Code Ann. § 724.035(c) (West 2018). After 40 days, your driver’s license will be suspended. See Tex. Transp. Code Ann. § 724.035(c) (West 2018). The natural question is for how long will my driver’s license… Read More

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