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.
Despite the numbers of reported media accounts of Eye Witness Identification leading to false convictions, misidentification is not a defense set out in the Texas Penal Code and Texas law does not authorize a trial court to give a Cross-Racial Eyewitness Identification Instruction to the Jury. Courts are concerned that a written instruction to the… Read more
Scaled Questions are an excellent way to remove biased jurors from the panel. A scaled question asks jurors to respond to a statement and rank how strongly each juror agrees or disagrees with the statement. I like to use a scale of 1 to 8 with “1” being strongly disagree and “8” being strongly agree…. Read more
Client was having a peaceful afternoon on the lake with friends. It was beautiful. The boat was safely moored and everyone was having a good time. After a few hours, Game Wardens with the Texas Parks and Wildlife Department came by to conduct a water safety inspection. They came up along the port side and… Read more
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 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
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
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
On December 2, 2016, The Travis County Attorney’s Office circulated a Brady Notice to defense counsel concerning the testimony of a former phlebotomist. During a trial the Phlebotomist privately disclosed that she had performed DWI Blood draws during the Spring of 2014 and that the facility was unsanitary. The phlebotomist’s disclosure casts doubt on all… Read more
This is the worst night of your life. You were out with friends you haven’t seen in years or you were at a work function and everyone was having a great time. On your way home you are stopped by the police. You’re not intoxicated but you misjudged by not calling a cab. You have… Read more
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
