Crime Descriptions
Driving While Intoxicated & other intoxication offenses
In order to obtain a conviction for intoxication offenses absent blood or breath samples,
a prosecutor need only convince a jury that one has lost the "normal use" of his
physical or mental faculties due to alcohol. There is no definition of "normal use" and its
ambiguous nature makes intoxication trials extremely specialized and dangerous for the
accused.
In today's social climate, juries are becoming more and more biased against intoxication
crimes. It is alarming simple for prosecutors to obtain convictions based on the smell of
alcohol and uncorroborated statements of often biased law enforcement.
If you are accused of operating a motor vehicle or operating a boat while intoxicated, it is
imperative
you have an attorney who can anticipate the methods of the prosecution and who can
communicate the weaknesses of the government's case to the jury if needed.
If you are arrested for Driving While Intoxicated, your license will be confiscated and you
will have 15 days to request a formal hearing to avoid your license being
suspended for periods of up to 2 years. You should contact a lawyer immediately upon
posting bond in order to insure you do not waive any of your legal rights.
In addition to license suspension by the Department of Public Safety, first offenses can
still require ignition interlock devices installed on your vehicle, mandatory jail time of 30
days, 2 years of probation and over $3000 in fines and court costs.
Driving While Intoxicated is a special type of crime in that there is no intent
requirement. As a former prosecutor, it would distress me to see all of the wonderful
people I met and the personal and financial havoc a conviction would bring them.
From Doctors to Priests, if you drink any alcohol at all and drive, you are at risk. Now I
take great pride in using my talents to save my client's careers.
If you are charged with Driving While Intoxicated, Intoxication Assault or similar
offense, contact my office to schedule a free initial consultation.
Possession of Controlled Substance
The bitter truth about possession of narcotics (cocaine, heroin, methamphetamine) is that
possession of any amount is a felony. It is imperative that your lawyer makes no mistakes and
utilizes the defenses available to you under the law.
I take great pride in winning possession cases and I have a proven reputation of fighting and
winning these types of cases. If you are charged with possession of a controlled substance,
call my office and schedule a free initial consultation.
Things You Should Know About Controlled Substance Law
- If this is your first offense, you should be eligible for probation
- It is more difficult to prove these cases than you or many lawyers would believe. It is
imperative that you provide no more evidence to law enforcement. EXERCISE YOUR
RIGHT TO SILENCE.
- Generally, you will also be charged with intent to distribute. YOUR LAWYER
SHOULD FIGHT THIS ENHANCEMENT.
Although the circumstances surrounding your arrest may seem insurmountable, there is
always hope in these types of cases. Let my dedication, skill and knowledge of search
and seizure law help you.
Assault, Family Violence & other assaultive offenses
As a criminal defense attorney I often see how an argument
can quickly escalate into criminal charges. Once a phone call
is made to law enforcement authorities, it is easy to become a
target of an assault investigation.
You would be amazed at how easily an offense of assault can
be proven in trial. All that is required is some type of force
(pushing, slapping and the more obvious, punching) and
some type of pain (minor discomfort with no visible signs of
injury is sufficient).
If this alleged offense occurred with any family member (more
correctly anyone you've had a relationship with), you will be
charged with family violence which, if convicted, will prevent
you from possessing a firearm and can adversely affect
custody disputes.
If you are charged with assault, contact me immediately so I
can discuss how to defeat these types of criminal charges.
Possession of Marijuana
Although general social perception of marijuana use has become more accepting, the laws of
Texas remain incredibly stiff. If you are a potential student, a conviction means you will not be
able to receive federally funded financial aid. A conviction also means you will lose your
driving privilege until you take an approved drug education course and then you may be
required to pay a yearly surcharge to maintain your license. Also, certain professions will not
license you if you have a drug conviction.
I take great pride in winning possession cases and I have a proven reputation of fighting and
winning these types of cases. If you are charged with possession of marijuana , call my office
and schedule a free initial consultation.
Common Ways Possession Charges Occur
- Search incident to arrest for warrants and other violations
- Odor detected in a vehicle after a traffic stop
- Police investigation of noise complaint
Although the circumstances surrounding your arrest may seem insurmountable, there is
always hope in these types of cases. Let my dedication, skill and knowledge of search
and seizure law help you.
Theft and Theft by Check
Under the law, certain crimes are classified as "crimes of
morale turpitude" which greatly affects your rights. These
crimes can be used against you in future court proceedings in
an attempt to discredit your testimony if you ever take the
stand in defense of yourself or your loved ones.
Offenses that fall within this category are, but are not limited
to: burglary, forgery, embezzlement, prostitution, shoplifting
and theft by check. It is no coincidence that employers place
considerable weight to these types of offenses when hiring.
If you are charged with a crime of moral turpitude you must
protect your record. Contact me immediately so we can
discuss your options.
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