WHAT TO DO WHEN DEALING WITH AN ARREST WARRANT IN TEXAS
NECESSITY DEFENSE IN DWI CASES
MENTAL DEFECTS AND INTENT
The legal system operates under the principle that ignorance of the law is no defense. However, important exceptions exist when individuals are unable to conduct themselves within the bounds of the law due to severe mental defects. In such cases, the legal system may recognize defenses and mitigating factors that lessen an individual’s responsibility. This… Read more
THE IMPACT OF A FAMILY VIOLENCE FINDING ON A DIVORCE
The Impact of a Family Violence Finding on the Defendant in a Divorce: Navigating the Consequences It is imperative to avoid the impact of a Family Violence Finding on a defendant in a criminal case. A Family Violence Finding adversely affects a person’s rights and can destroy their reputation and future prospects in many areas… Read more
METHAMPHETAMINE DRUG PURITY IS NOT A PROXY FOR CULPABILITY
Methamphetamine, commonly known as “meth”, is a highly addictive and potent stimulant drug that can have devastating effects on individuals and communities. It was made a Schedule II controlled substance in 1970. In light of the serious harm caused by methamphetamine, the criminal justice system has taken a strong stance against methamphetamine trafficking. When methamphetamine… Read more
MIRANDA AND THE TWO-STEP INTERROGATION TECHNIQUE
Miranda warnings are embedded in American culture. From our movies and TV dramas we are raised on the notion that the police must read us our rights whenever we are placed under arrest. The warnings required by Miranda are intended to safeguard a person’s privilege against self-incrimination. Prior to questioning, the police are required to… Read more
E-FILING IN CENTRAL TEXAS
E-Filing a written pleading is often the first step in raising a legal issue before the court. As a result, knowing the correct procedures to file a legal document electronically with the court clerk can help avoid disaster. Most of the clerks in Central Texas have different procedures for E-Filing. Historically, a filer would have… Read more
Qualified Immunity
When you are acquitted or you have your charges dismissed, a natural question often follows: “can we sue the police for the wrongful arrest”? What the police did was wrong and should not be tolerated. In fact, it is sometimes an officer’s own misconduct that helps convince a prosecutor to dismiss the charges. However, winning… Read more
The Intoxilyzer 9000 Does Not Meet Inspection Requirements
As with all laboratory instruments, the Intoxilyzer 9000 requires proper inspections and regular maintenance for accurate measurements. The Intoxilyzer 9000 is the approved device used in Travis County Breath Tests for DWIs and other alcohol related driving offenses. As the device is used over time it can experience a drift in precision, higher error rates,… Read more
CAN THE GOVERNMENT PROVE A CONSPIRACY TO SELL DRUGS WHEN A DEFENDANT IS IN ONLY A BUYER-SELLER RELATIONSHIP?
Federal prosecution for conspiracy to sell illegal drugs often reaches past the leaders of drug cartels and their mid-level managers. The target of a federal investigation may well be the regional distributors and their retailers who deliver illegal drugs for larger organizations. Federal prosecution often starts with the street dealer and his confederates. However, when… Read more
