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.

VIDEO-CONFERENCE HEARINGS

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

An Arrest Warrant Is Not Sufficient to Enter a Home

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

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

Re: Governor Abbott’s Executive Order

Austin Criminal Defense Lawyer - bail

On March 28, 2020 Texas Governor Greg Abbott signed an Executive Order that prevents judges from authorizing a Personal Recognizance Bond (“PR Bond”) for the following types of criminal cases: CRIMES OF PHYSICAL VIOLENCE – Any person previously convicted of a crime that involves physical violence or the threat of physical violence, or any person currently… Read more

Court Settings Reset until May 8

Austin Criminal Defense Lawyer - kennedy

Due to outbreak of the Coronavirus (COVID-19) and the first cases of Covid-19 appearing in the Central Texas area, I am writing to inform you that court settings until May 8 are being reset. See the attached Kennedy memo. This period may be extended if conditions worsen. Please do not come to court during this… Read more

BAC OF 0.15 AT THE TIME THE TEST WAS PERFORMED

Austin Criminal Defense Lawyer - alcohol

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

AN OPEN TRUNK DOES NOT JUSTIFY STOPPING A DRIVER FOR DWI

Austin Criminal Defense Lawyer

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