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Confidential DWI Evaluation

If you’ve been charged with a DWI or other criminal charge, you can’t waste any time. We offer a confidential, case evaluation to anyone charged with DWI or other criminal case. View More

Criminal Defense Strategies

If you’ve been charged with a crime in Texas, you need an experienced Houston criminal defense lawyer to defend your rights and make sure you get the best possible outcome! Because every criminal prosecution is unique, every strategy must also be tailored to the particular case and the specific approach that the district attorney decides to take. The best defense strategy is one that is rooted in the truth and that places the you in the best possible light. That means that the most effective defense strategies occur when you are open and honest with your attorney.

While there are many effective strategies depending on your case, there are some common successful criminal defensive strategies we can employ on almost any case:

Lack of Probable Cause

Under the constitution, a law enforcement officer must have probable cause (or reasonable suspicion) to stop and arrest you. That means that if you defense lawyer can show that the police officer who detained you was had no real indication that something illegal was happening, we may be able to successfully get evidence suppressed and dispute the charges against you. With this strategy the charges may be dropped and your case dismissed.

Effective Cross-Examination

If your case goes to trial, your defense attorney will have the opportunity to cross-examine the arresting officer. At this point, the officer’s disciplinary record, training, memory of the events, and other circumstances can come under questioning. For example, demonstrating that the arresting officer lacked the training to properly administer a field sobriety test can prove to be an effective defense to a DWI charge.

Violation of Right to Counsel

Once a defendant is in custody, they have a right to ask for a lawyer. If you asked for a lawyer and continued to be questioned by the police, you may have an excellent defense for your case.

Other defense strategies can include procedural review, questioning if proper protocol was followed at a sobriety checkpoint; challenging blood alcohol content or field sobriety test results; demonstrating mistakes made by law enforcement; or arguing that the police’s anonymous source did not establish sufficient grounds for a stop. Providing a feasible alternative explanation like self-defense, or introducing eyewitnesses that can offer observations that contradict the prosecution’s story can also be effective in defending against a criminal charge and may help get your charges dismissed.

A knowledgeable and experienced defense attorney, like the criminal defense attorneys at Blass Law,  tailor a defense strategy to your unique situation and enable you to get the best possible result for your case.

False Accusations

Being falsely accused of a crime is a nightmare come true. If you have been accused of a crime you didn’t commit, you need to contact an experienced criminal defense attorney who will passionately defend your innocence. Jay Cohen of Blass Law has the experience and qualifications you need to get exonerated of false accusations.

Whether due to an erroneous identification by the victim or a witness or other circumstances that make the police think that you committed a crime despite your innocence, it’s possible to find yourself formally charged with crimes you didn’t commit. Here’s what to do–and what not to do–in cases of false accusations.

What to Do if You’re Facing False Accusations

First and foremost, retain a criminal attorney as soon as you can. You should also gather any evidence that relates to the underlying events of the alleged crime; this includes photos, videos, clothing or other objects. You should also keep and protect any related documentation or records (e-mails, letters, phone records or financial records).

Document any evidence that you believe exists, but isn’t in your possession (such as objects at the crime scene like blood or bullet cases). Think about any possible witnesses who might have information about the alleged crime or related circumstances and gather their contact information if possible.

Have all of this evidence and information ready to share with your attorney when you meet with them.

What You Shouldn’t Do

It can be tempting to destroy any evidence that makes you look suspicious, but doing so will look even more suspect. Don’t talk to the alleged victim or witnesses, as it can look like you’re trying to interfere with the investigation or intimidate a witness.

You should also avoid any contact with law enforcement or investigators without your lawyer present. That includes answering questions (even innocent-sounding ones), offering a sample for a DNA test, or giving any evidence that you have. Even if you think it will prove your innocence.

Even if you haven’t been formally charged with a crime, it’s a smart idea to speak with a lawyer any time someone has falsely accused you of a crime. An experienced attorney will give you specific, targeted advice on how to proceed and avoid criminal charges.

Plea Bargain

Sometimes the cost of a trial and risk of conviction compel defendants to negotiate with prosecutors in exchange for lighter sentences, reduced charges, or to avoid jail. About 94 percent of all state-level criminal cases in this country end in a plea bargain, but understanding the plea bargain system and how to navigate it can be complicated. Here’s what you need to know about the plea bargain process in Texas as well as the pros and cons of entering into such an agreement.

What Exactly is a Plea Bargain?

A plea deal is an agreement between the prosecution and the defense. In a typical plea bargain, the defendant will be asked to admit guilt, and in exchange, the prosecutor will agree to ask for less than the maximum possible penalty or a reduction of charges faced. Plea bargains can include a wide range of punishments, from jail time and fines to probation, deferred adjudication, community service, counseling and more.

The prosecution has a large degree of discretion when negotiating plea agreements. They have no obligation to make a plea bargain that is beneficial to the defendant, which is why it is imperative to have a qualified attorney negotiate with the prosecution for you. Common factors that prosecutors consider when deciding whether or not to make a plea bargain include the circumstances of the crime, the defendant’s intent, the defendant’s criminal record and other factors in the defendant’s background such as educational and professional history, life conditions, home situation and psychiatric history.

The Pros and Cons of Entering into a Plea Bargain

For many criminal defendants, going the plea bargain route can offer many benefits. Cases can be resolved much more quickly, allowing a defendant to get on with his or her life. Many plea bargains can allow a defendant to avoid jail time, which is often a real risk if you chose to go to trial and are convicted of many crimes in Texas.

On the other hand, admitting guilt is a necessary part of any plea bargain. There are serious collateral consequences of pleading guilty to a crime; you may lose your right to own guns, you could be required to register as a sex offender, you could be deported (if not a citizen), or you may face penalty enhancements in the future. Additionally, a criminal record can follow you and prevent you from getting a job or qualifying for housing.

The decision to enter into a plea bargain is not one to be taken lightly and should be considered carefully with your attorney.

Houston Criminal Defense Lawyer

Fighting for Your Future

Charged with a crime in Harris County or Houston? You need an award winning, and experienced Houston criminal defense lawyer handling your criminal justice case. Whether you’ve been arrested for a felony, misdemeanor or driving while intoxicated, your reputation and future is in jeopardy. A criminal conviction for a felony, DWI, or even a misdemeanor can impact your career, relationships, driving privileges, financial resources, and much more.

Right now, you’re probably afraid, scared and unsure, wondering what’s going to happen and what type of lawyer can help you with these charges.

We’re here to help you understand the process and what is expected. We know what it takes to move beyond this and have as little of an impact as possible on your life.

The penalties for a criminal conviction under Texas law can be devastating. As your lawyer, we are committed to helping you understand the law, and what to expect. We help you understand every aspect of your criminal case and educate you on options. Our job is to protect your rights, and fight for the best possible outcome. This is why our clients love us, we are committed, knowledgeable, educated, protective and we live for the fight.

What to Expect with Blass Law:

Free case evaluations – Get the answers you need now. We offer a confidential case evaluation to anyone who has been charged with a felony, juvenile crime, DWI or other charge. You don’t even have to hire us. Just give us a call and we will give you the information you need to understand the criminal justice system in TX. Click here to schedule your  confidential case evaluation today!

DWI & Criminal Charge Expertise – When you hire our team you will be working with an experienced legal team led by Jay Cohen, who has always been a criminal defense lawyer, not a former prosecutor who used to fight against people like you. We have always been on your side, and we have always fought to ensure your rights are protected.

Strategic, Aggressive Representation – Hiring a knowledgeable, well-credentialed attorney is very important. Your image, future, and career are worth defending.  All case evaluations are confidential and complimentary. Our clients always walk away with answers and understand what our law firm can do for you.

Remember, simply being charged with assault, domestic violence, DWI, or juvenile DUI does not mean you are guilty. DWI is an opinion crime, the officer formed an opinion and that’s all it takes. You are innocent until proven guilty, and I’m here to help you stay innocent. From drug cases, assault cases, DWI cases to no refusal weekends and mandatory blood draws, I know how lab analysts test and process evidence when building a case against you for drunk driving allegations. That means I can start building a strong defense for you from the moment you are charged with a crime in Harris County, Montgomery County, Fort Bend County, or Harris County.

All Criminal accusations are serious. This includes drunk driving, assault, possession of a controlled substance, and other misdemeanor and felony charges. For serious criminal matters you need a serious defense attorney. Call us 24/7 to schedule a consultation. We’re here to help and keep you innocent.

Why do I need an Attorney Experienced in DWI Defense

In Texas, driving while intoxicated (DWI) is a serious offense that has severe and lifelong repercussions for those who are convicted. While DWI cases may seem straightforward, they are actually very complex. DWI cases involve standardized field sobriety tests and scientific breath or blood tests. Having the advice of an experienced DWI defense attorney will make the difference between a dismissal and a conviction that will be on your criminal record for life. Anyone facing DWI charges in Houston needs to quickly seek the counsel of an experienced defense lawyer who has tried many cases, not rolled over on a plea deal. If you have been charged with a DWI in the Houston area, contact experienced and aggressive criminal defense attorney Jay Cohen as soon as possible.

What is a DWI in Texas?

In Texas, intoxicated is defined as having (1) lost the normal use of your mental faculties, (2) lost the normal use of your physical faculties, or (3) having a blood alcohol concentration of 0.08 or greater. A jury must believe the State has proven one of these elements beyond a reasonable doubt. Driving with a blood alcohol concentration (BAC) over the limit of 0.08 is illegal per se. This means that driving with a BAC over 0.08, or per se intoxicated is inherently unlawful, regardless of the circumstances. BAC is determined by conducting a scientific analysis of the driver’s blood, breath, or urine. Scientific tests can be wrong, we have the most training available to analyze and scrutinize any scientific tests. By driving on public roads in the state, all drivers have impliedly given their consent to provide a specimen of their breath or blood. Refusal to consent to a breath or blood test to determine your BAC can result in the revocation of your license for six months, even if you are never actually convicted of the DWI. If you have been charged with a DWI or related offense, you need an aggressive DWI lawyer on your side that has the experience and knowledge necessary to defend you in court. Jay Cohen is the founding defense attorney of our law firm, Blass Law PLLC.

What are the Penalties for a DWI if convicted?

Texas DWI penalties are based on case-specific factors, such as the age of the driver, the BAC of the driver, the type of license the driver holds, if an accident was involved, and if the driver has any prior convictions. Generally, penalties for a DWI conviction in Texas can include: Fines of $2,000 to $10,000; Imprisonment for up to ten years; Suspension or revocation of your license; Mandatory attendance at a DWI education program; The installation of an ignition interlock device in your vehicle; The completion of community service; and The required payment of annual surcharges to the Texas Department of Public Safety. DWI surcharges are fines levied against those who have been convicted of DWIs, the payment of which is necessary to keep your driver’s license. Surcharges must be paid for three years after a conviction. The rate will vary depending on the number of DWI convictions on a person’s record and the person’s blood alcohol concentration at the time of the test. Generally, the fees are charged as follows: A first time DWI surcharge fee is from $1,000.00 to $2,000.00 a year; A second time DWI surcharge fee is $1,500.00 a year; and A DWI with a blood alcohol concentration of 0.16 or greater surcharge fee is $2,000 a year.

How does an Attorney Defend a DWI charge?

Due to the severity of some of these penalties, people who have been charged with DWIs often prematurely plead guilty to the offense in order to avoid the most serious consequences. But an experienced DWI lawyer like Jay Cohen knows that there are many possible defenses that may clear you of responsibility. Some common and effective defenses include: Improper stop and/or detention: If we can prove that the officer lacked probable cause to make the initial stop that led to the arrest, any evidence collected as a result of the illegal detention would be inadmissible. Administration of field sobriety test: If your arrest was based on an improperly administered field sobriety test, the results may be deemed inaccurate and inadmissible as evidence. Administration of Breathalyzer test: If the officer was not certified to administer a Breathalyzer test, if the officer failed to follow the necessary procedures prior to the breath test, or the device was not properly maintained, the test results will be inadmissible. Contaminated blood test: This defense is raised if there was a mishandling of a blood sample, an improper blood draw, improper storage of the blood sample, compromised seal of the vial, or any mishandling that could compromise the integrity of the sample. Rising blood alcohol concentration: When alcohol is consumed, it can take from thirty minutes to one and a half hours to be absorbed by the body. This is influenced by the last time a person consumed food. This is a viable defense when your BAC would have been below the legal limit when you were driving, but by the time the breath or blood test was performed, the level had increased beyond the legal limit. Raising these defenses can often lead to the dismissal of DWI charges, but these errors can only be discovered through a very thorough analysis of every piece of evidence. Our experienced DWI attorneys have the expertise to identify the types of issues that can cause a test’s result to be ruled inadmissible.

How do I choose the right DWI Defense Attorney?

A DWI conviction may remain on your record permanently, so taking any and all necessary steps to decrease your odds of conviction, including hiring a DWI defense attorney, is essential. If you have been charged with a DWI or DUI in Harris County, Fort Bend County, Montgomery County, or Galveston County, please contact us today at (713) 225-1900 for a consultation. Jay Cohen and his team will sit down with you at your case evaluation and discuss the details of your case in complete confidentiality.

Jay Blass Cohen

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Jay Blass Cohen

Criminal Justice Attorney

Jay Cohen has always been a criminal defense attorney, not a former prosecutor who used to fight against people like you. We’ve always been on your side, and we’ll always fight to ensure your rights are protected.

Contact Jay Cohen Today

A DWI conviction may remain on your record permanently, so taking any and all necessary steps to decrease your odds of conviction, including hiring a DWI defense attorney, is essential. If you have been charged with a DWI or DUI in Harris County, Fort Bend County, Montgomery County, or Galveston County, call for a consultation and we will sit down with you and discuss the details of your case in complete confidentiality.

Keeping Innocent
People Innocent®

DWI Lawyer, Jay Cohen, is an expert in Texas
DWI law. A DWI conviction impacts a person’s
future in extensive and enduring ways. Jay
gets that. He ensures that his clients are
well-informed of their options and he
provides them with the best defense
against their charges.

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Blass Law, on Call 24/7

917 Franklin St #400, Houston, TX 77002 (713) 225-1900 [email protected]

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