Texas Criminal Defense Blog
Texas legislators are considering a law that would allow someone charged with a first-time DWI to be placed on deferred adjudication, as long as they agree to installing–and using–an ignition interlock system that would prevent them from operating a vehicle if they are intoxicated. This is a great piece of legislation for several reasons. The … Read More »
If your driver license is suspended because you haven’t been making your surcharge payments, then you’d better get a move on: April 7 is the deadline to sign up for the DPS amnesty for the Driver Responsibility Program. The state is offering a sweet deal–pay only 10 percent of what you owe, up to $250, … Read More »
I want to explain what a “12.45” is. The number “12.45” refers to a Texas Penal Code section. Suppose you are charged with a first time misdemeanor DWI and a misdemeanor evading arrest charge. Suppose also that through your lawyer, you work out a deal with the prosecutor to resolve both cases, but without a … Read More »
Someone you love is in jail, and you want to get him out as soon as possible. You’re also frightened because your loved one is charged with a crime, something you have never dealt with before. Worst of all, you don’t have much money.
In a panic, you might grab the Yellow Pages and start calling bail bondsmen. But you notice that some lawyers advertise both in the bail bonds section and in the attorneys section of the Yellow Pages.
What is up with that? Here’s what: Texas law allows attorneys to act as bail bondsmen. Also, Ethics Opinions 366 and 347 hardly give clear guidance on this issue.
I don’t act as a bail bondsman, and I don’t write surety bonds, and here’s why.
… Continue Reading »
In Travis County, what are the similarities and difference between pretrial diversion and deferred prosecution? The similarity is simple: if the accused complies with his agreement on either one, his case gets dismissed. Generally, if you are offered one, you should accept. Either way, it’s not a bad deal. Neither of these are offered with … Read More »
Why do some inmates get 2 to 1 credit, and others get only 1 to 1 credit? In other words, why do some inmates get credit for only one day actually served and other inmates get two days of credit for one day served. Here’s the answer. Generally, it’s a good idea to give inmates … Read More »
Not long ago a young guy called me up and asked, “How much do you charge for a DWI case?” I like to visit with callers who start with that question, because different types of DWIs have different prices. For a first-time DWI, I would never charge what I charge for a state jail felony … Read More »
When the criminal law world collides with the immigration law world, people caught between the two can get slaughtered or “deported” Texas Criminal Law Let’s start with the criminal world first for or a moment. Let’s assume you were born in the United States. If you’re in Texas and the police catch you with less … Read More »
Usually when someone wants to hire me to handle a Class C Misdemeanor, the first thing I try to do is explain to them how they can handle the case without a lawyer. All you have to do is remember these two words: “deferred disposition.” If you get a deferred disposition, you plead “no contest,” … Read More »
The term “examining trial” is misleading to most people that are arrested on felony charges in Texas. In Travis County, when an examining trial is set, that does not mean that an actual trial occurs. No witnesses show up. No judge shows up. No lawyers show up. You don’t show up. So, you might ask, … Read More »