Category: Austin Criminal Defense Lawyer

Austin Criminal Defense lawyer David Frank is based in Texas and has a reputation for being a tough and experienced criminal trial lawyer. In April of 2014 he challenged the Texas Mandatory DWI Blood Draw Statute in two test cases. The appellate courts agreed and found that the Mandatory Blood Draw Statute runs afoul of the Fourth Amendment. In November 2014 he helped lead a State-Wide effort against a SOAH rule change. That effort led to a simpler process to subpoena witnesses for ALR Hearings. He is the Past President of the Criminal Defense Lawyers Association and currently serves on the Texas Criminal Defense Lawyers Association Strike Force Committee.

Sex Offender Caseload

Beware the Registration and Sex Offender Caseload that Follow Pleading to a Non-Sexual Offense A conviction for a sexual offense is almost always accompanied by sex offender registration and a sex offender caseload. Registration typically means notifying law-enforcement where you work and live. Your name and address are posted on the internet in a sex… Read more

A Criminal Case Can Jeopardize Immigration Status

A criminal case can jeopardize immigration status sometimes causing aliens to lose their status and face deportation. Immigration Law is its own specialty and we often work together with trusted immigration attorneys who can make a big difference in the outcome on a criminal case. A Padilla Letter is often critical to getting the right… Read more

Austin Police DWI Video Delays Create Roadblock to Justice

Austin Police DWI Video Delays Create Roadblock to Justice FROM THE AUSTIN AMERICAN STATESMAN Wednesday May 1, 2019 Two years ago, Travis County officials unveiled a $3.5 million software system to expedite the flow of evidence between local law enforcement agencies in criminal cases. One aspect of the new technology — and one touted as… Read more

Pre-Indictment Subpoena

Defense counsel must subpoena information prior to indictment in any case where records may be destroyed or become unavailable with the passage of time.  Some prosecutors oppose these subpoena requests with a Motion to Quash if the subpoena is requested prior to indictment.  There is no authority to support that position and defense counsel needs… Read more

Section 411.0765 Disclosure by Criminal Justice Agency

Austin DWI Lawyer A nondisclosure order allows Texas state agencies to release Criminal History Record Information as follows: § 411.0765. Disclosure by Criminal Justice Agency Effective: September 1, 2017 (a) A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure of criminal history record information under… Read more

Possibility of Bail Bond Reform in Texas

Austin Criminal Defense lawyer

The Austin American Statesman published an article on February 5 about bail bond reform in Texas describing the two bills that would apply an “Automated Pretrial Risk Assessment” to deciding who should be released from jail on Personal Recognizance Bond and who should not.  In Austin we have been using an evidence based approach for… Read more

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