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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 Such article was recently repealed.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

Marijuana Concentrate/Hash Oil/Dabs Spins a Misdemeanor Offense into a Felony Offense

Generally, simple Possession of Marijuana is a Class B misdemeanor. See TEX. HEALTH & SAFETY CODE ANN. § 481.121 (West 2018). However, simple possession of marijuana concentrate/hash oil/dabs starts out as a state-jail felony. Texas Health and Safety Code section 481.002 provides the definition of marijuana. Marijuana concentrate/hash oil/dabs is not marijuana under the Code… Read More

Expunge or Seal Your Record

When Can you Expunge or Seal (Nondisclose) Your Record? Expunctions are a legislative grace, which you can only receive under very limited circumstances. Texas Code of Criminal Procedure Chapter 55 governs expunctions. Expunctions are a paper shred order. This will delete all records relating to your arrest and subsequent criminal history after your arrest. Your… Read More

Statement to Police?

Should you Talk to or Provide a Statement to the Police? NO. Again, NEVER. Do not disregard this advice. You may be thinking that you have nothing to hide. But, if the police are trying to obtain a statement from you, you are already a target. Whatever you say is only going to inculpate you… Read More

Drive Sober or Get Pulled Over

Well 2017 is officially here and the new year is also a time for new beginnings. This includes making efforts towards the reduction of drunk driving. In effort to do so, the National Highway Traffic Safety Administration (NHTSA) recently launched a new “Drive Sober or Get Pulled Over” campaign aimed at doing just that. As… Read More

Driving While Intoxicated and What you Should Know

It’s sad to say, but roughly every 20 minutes in Texas, someone is injured or killed by an alcohol related vehicle accident. This is according to the Texas Department of Transportation.  This goes without saying, but driving while intoxicated can come with many more consequences than arrest.  While drinking and driving should be avoided at… Read More

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