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
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.
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
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
Criminal History — An Arrest may Show Up Even when A DPS Background Check is Negative.
An arrest may show up on your criminal history even with a negative background check with the Texas Department of Public Safety. DPS maintains a Computerized Criminal History System (“CCH”). The CCH contains public record information relating to a conviction or deferred adjudication that has been reported to the Department. Legally, this database is not… Read more
For the time being, the courts have suspended in-person jury trials and preliminary hearings. All of us have a legitimate concern about gathering together, in large groups, in closed spaces, for extended periods of time. There is little doubt that in-person courtroom hearings, even with social distancing measures in place, would seriously jeopardize public health… Read more
THE EXIGENT CIRCUMSTANCES EXCEPTION
In Kentucky v. King, 563 U.S. 452, 460, 131 S. Ct. 1849, 1856–57, 179 L. Ed. 2d 865 (2011) the Supreme Court discussed the exigent circumstances exception to the warrant requirement stating that the exception applies when “ ‘the exigencies of the situation’ make the needs of law enforcement so compelling that [a] warrantless search is… Read more