Texas Probation Disposition and Derivation Table

Austin Criminal Defense lawyer

Here is a Probation Disposition and Derivation Table for the Texas Code of Criminal Procedure dealing with Probation. TCCP Article 42.12 was recodified in TCCP Chapter 42A.  The nonsubstanative changes to the TCCP were made in 2015. Austin DWI lawyer DISPOSITION TABLE DERIVATION TABLE TCCP ART.42.12 2015 TCCP ART. 42A 2015 TCCP ART. 42A TCCP… Read more

STANDARDIZED FIELD SOBRIETY TESTS

Austin Criminal Defense lawyer

Austin DWI lawyer Standardized Field Sobriety Tests or SFSTs are frequently admitted in Driving While Intoxicated trials. Even when law enforcement improperly administers the tests, judges admit the tests and allow juries to decide how much weight to give them.  Law enforcement officers must be qualified to testify which means certified by The National Highway Traffic… Read more

Proof Beyond a Reasonable Doubt

Austin Criminal Defense Lawyer

Austin DWI Lawyer In 1991 in Geesa v. State, the Texas Court of Criminal Appeals accepted the federal jury charge instruction of Proof Beyond a Reasonable Doubt, namely, that reasonable doubt “is the kind of doubt that would make a reasonable person hesitate to act in the most important of his own affairs.” Trial courts… Read more

Opioid Treatment on Probation

Austin Criminal Defense lawyer

A Federal Judge said this week that a Massachusetts man facing a jail sentence could not be denied access to treatment for his opioid addiction believing that such a refusal violated the Americans with Disabilities Act and was cruel and unusual punishment.  Here in Travis County, Defendants can be denied medication in jail or be deemed… Read more

PUBLIC DEFENDER’S OFFICE

Austin Criminal Defense Lawyer

Austin Criminal Defense Lawyer The County Commissioners Court and the District Attorney’s Office want to change the way indigent defendants are represented in Travis County. See, Travis County Weighs a Defender’s Office, Austin American Statesman, October 17, 2018. This new approach is based on a Report entitled Review of Drug Possession Case Dispositions 2016-2017 and… Read more

Inconsistent Reasoning from the Court of Appeals

Austin Criminal Defense Lawyer

Austin dwi Lawyer Yesterday, the Court of Appeals told the defendant he was wrong for requesting a jury instruction that could have helped him. Blithely ignoring its own reasoning, the Court provided a separate jury instruction, that could only have helped the State. There appears to be little even-handedness in this opinion and it telegraphs… Read more

Not Guilty: DWI Blood Test More Than 0.15

Austin Criminal Defense Lawyer

TRIAL REPORT – DWI Blood Test More Than 0.15 Austin DWI lawyer Court:  Travis County Court at Law Number 6 Judge Brandy Mueller Offense:  DWI First with BAC greater than 0.15 g/dl Offense Level:  Class A Prior Convictions Admitted? None Did Defendant Testify? Yes Offer prior to trial:  1 Day Travis County Jail + $1,000… Read more