Police Violated the Warrant Requirement When they Illegally Entered Client’s Home

Austin Criminal Defense Lawyer

A driver alleged that my client damaged her vehicle and left without exchanging information.  In a quick series of events, my client became the subject of a DWI investigation.  Deputies entered my client’s home and began a search for evidence.  We argued that the Police violated the warrant requirement when they illegally entered client’s home… Read more

New Non-Disclosure Law Available for DWI Probation

Austin Criminal Defense Lawyer

New legislation allows for a DWI probation to be sealed with an Order of Non-Disclosure.  The new law is retroactive and applies to first-time DWIs where probation was successfully completed.  There is a two-year waiting period after completion of probation.  If there was a breath test, the blood alcohol concentration must have been less than 0.15… Read more

May a Client Have His Own Video?

Austin Criminal Defense lawyer

We have been asked: May a client have his own video?  Watching a video in your lawyer’s office is one of the most important interactions you will have with counsel. You can comment on subtle but important issues that only you can know. Maybe your tires did not cross the line, maybe you legally entered… Read more

Former APD Lab Analyst Reports Problems with DWI Blood Testing

Austin Criminal Defense Lawyer

Last week, Debra Stephens, a former employee of the Austin Police Department Crime Laboratory reported her concerns about APD’s Blood Alcohol Laboratory’s testing process. Specifically, she claims that there are errors in the uncertainty budgets and reporting methods used by APD. Austin DWI Lawyer debbie-stephens-alamo-forensics The letter states that APD’s Crime Lab is incorrectly reporting… Read more

Probation Eligibility – Probation from a Jury?

Probation eligibility is controlled by statute and understanding these rules is vitally important before embarking on plea negotiations for the client.  A negotiated plea agreement requires concessions from both sides. Prosecutors seek to obtain penalties to address illegal conduct that causes or threatens harm to the public for which state protection is appropriate. To this… Read more

AN ACTIVE ARREST WARRANT FOR AN UPAID TRAFFIC TICKET

Austin DWI Lawyer WARNING: The Fourth Amendment to the United States Constitution protects you against unreasonable searches and seizures by the police. If the police stop you without reasonable suspicion and find evidence of illegal activity, the exclusionary rule prevents the State from using the illegally obtained evidence against you in a criminal prosecution. The… Read more