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.
Austin Criminal Defense Lawyer A First Driving While Intoxicated charge is ordinarily a Class B misdemeanor with a period of confinement of up to 180 days. A person commits a DWI if she is intoxicated while operating a motor vehicle in a public place. Courts have interpreted the term “while operating” in context to mean… Read more
A client was driving in Austin, Texas when an APD Officer stops him for driving with an open trunk. After a brief detention, the client was arrested for DWI. We filed a Motion to Suppress the Evidence. Driving with an open trunk does not lead to a conclusion that criminal activity is afoot. Indeed, it… Read more
The Texas Legislature passed a new law that ends the Texas DPS Surcharge Program on September 1, 2019. The Surcharge Program had caused many Texans to endure financial hardship when they had been convicted of a DWI or other driving offenses. Failure to pay meant the loss or suspension of a Texas Driver’s License. While… Read more
In every cop show, these are the utterances that let the audience know someone has just been arrested. You have the right to remain silent; Any statement you make may be used against you in court; You have the right to have a lawyer present to advise you prior to and during any questioning; If… Read more
A new state law for the first time allows a judge to grant deferred adjudication to a person charged with DWI. While at first glance this may seem like a major breakthrough, the new law does very little to protect a person from any of the real consequences that accompany a DWI conviction. In fact,… Read more
Becton Dickinson, the leading manufacturer of blood vials for DWI blood testing initiated a medical device recall for the BD Vacutainer Fluoride Tubes on June 12. The root cause was related to a manufacturing error. A recall is a method of removing or correcting products that are in violation of laws administered by the Food… Read more
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 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 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
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
