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.

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?

seller - Austin Criminal Defense Lawyer

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.

Austin Criminal Defense Lawyer

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

VIDEO-CONFERENCE HEARINGS

Austin Criminal Defense Lawyer

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

Austin Criminal Defense Lawyer

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

An Arrest Warrant Is Not Sufficient to Enter a Home

Austin Criminal Defense Lawyer

An arrest warrant generally does not allow the police to enter your home to search for a fugitive. There is no need to allow the police to enter your home when they do not have a search warrant. As explained by the Supreme Court in Georgia v. Randolph, 547 U.S. 103, 126 S. Ct. 1515,… Read more

VIRTUAL ASSESSMENTS AND EDUCATION PROGRAMS

Austin Criminal Defense Lawyer - e learning

Criminal cases are often worked out through integrative negotiations. I want to get the best outcome for my client and the prosecutor wants to see that justice is done. To obtain a better outcome, I want to offer persuasive legal arguments that strengthen our position and question the basis for the prosecutor’s case. At times,… Read more

COURT ORDERED EDUCATION PROGRAMS

Austin Criminal Defense Lawyer

News and Updates Governor Approves Regulatory Suspensions to Allow Offender Education Programs to Offer Remote Classroom Instruction During the COVID-19 Pandemic APRIL 22, 2020 To help combat the spread of Coronavirus, TDLR requested and received authority from Governor Greg Abbott to suspend certain regulatory requirements to allow licensees of the Offender Education Program to provide… Read more

IMPORTANT NEWS CONCERNING IGNITION INTERLOCK DEVICE RECALLIBRATION

Austin Criminal Defense Lawyer - guardian

Austin Criminal Defense Lawyer I hope you are all staying safe.  I wanted to alert those of you who are using Ignition Interlock Devices about some important information. Travis County courts issued a directive to all Ignition Interlock Device (“IID”) vendors that IID recalibration may be rescheduled for 45 days after your existing appointment.  This was… Read more