In Texas, possession of even trace amounts of marijuana is a Class B misdemeanor (6 months in jail and $2,000 fine). Possession of a weapon is a Class A misdemeanor (one year and $4,000 fine). IN some cases, a non-working firearm, a pocketknife, and a hammer could all be "weapons...
Author: JamesLondon
Whats up with that crazy eye test?
The Horizonal Gaze Nystagmus test is unique among the three approved Field Sobriety Tests. The other two FSTs are divided attention tests which measure both mental clarity and physical dexterity. The HGN test, on the other hand, has nothing to do with either of these things. Mos...
DWI Roadblocks in Texas? Not so fast!
As far back as the 1960s, law enforcement agencies in Texas used random checkpoints to circumvent the reasonable suspicion rule. Sometimes, these DWI checkpoints consisted of little more than groups of officers who pulled over motorists if they "didn't look right." For that reaso...
Want to get off early from your probation? Read this…
Especially in felony cases, community supervision can be quite burdensome. The period of probation may be several years. During this time, there are travel restrictions and reporting requirements. There is also the constant threat of probation revocation. Texas Code of Criminal ...
Officers have a Search Warrant? Here’s how to fight them…
In the 1971 movie Dirty Harry, antihero Harry Callaghan seizes a hunting rifle from a suspected serial killer's apartment. The San Francisco District Attorney, along with an appeals court judge, inform a clearly agitated Dirty Harry that the evidence is inadmissible in court and ...
Does the ALR Hearing Matter?
The fines, probation, and other direct consequences of a DWI are bad enough. The collateral consequences, like license suspension and higher insurance rates, can be even worse. There's not much that a lawyer can do about the cost of auto insurance. But there is a lot an attorney ...
The Different Court Levels in Parker County
Texas law divides criminal offenses into misdemeanors and felonies. Texas law also divides the criminal courts in different ways to handle these different cases. There is not much of a difference between county court and district court, but there is a huge difference between Just...
Breaking Down Some Complex Federal Criminal Cases
In the seemingly endless "war against drugs," the number of successful prosecutions is basically the only yardstick of success. So, Texas prosecutors are very aggressive in these cases, at both the state and federal level. Federal and state authorities usually only bring indictm...
Breaking Down the Elements of a DWI
Prosecutors are very aggressive when it comes to DWIs. In some jurisdictions, as many as half the probationers were convicted of misdemeanor DWI. Truth be told, many of these cases are difficult to defend. But that's certainly not always the case, many times, especially during h...
Is Deferred Adjudication Always Better Than Straight Probation?
During the period of probation, these two sentencing alternatives are the same. Both usually mean attending meetings with a probation officer, performing community service, attending drug education or other classes, and paying fines. Both usually have the same set of generic cond...
