The law is full of semantic differences that may seem minor but could be the difference between minor fines and prison times. Various forms of stealing is an example of these semantic differences, and you should know them prior to your court appearance, should you be charged with any of them. Robbery What it… Read More
What’s an ICE Hold?
With respect to a criminal offense, an ICE hold puts a federal detainer on an illegal alien. Once the illegal alien completes his state case through sentencing, or posts bond, immigration will then come and pick him or her up for deportation purposes. The practical effect of an ICE hold is that the illegal alien… 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 Such article was recently repealed.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
No Refusal and What to Do
Updated October 25, 2019 What Does “No Refusal” Mean? How Does it Affect Me? We often get asked, “What does no refusal mean?” Many people are under the assumption that No Refusal Weekends mean that you are not allowed to refuse a blood alcohol content (BAC) test if pulled over for DWI. This is simply… Read More
