Your specific charge determines if you will go to jail after being convicted. Any charge that qualifies as a Class B misdemeanor or greater may result in jail time. You may face consequences beyond those assessed by the court. Additionally, you may have personal, financial, and professional problems stemming from a conviction in Texas. What …
Can law enforcement lie to you during an interview? They most certainly can and often do. Therefore, the deeper question we explore here is: when can the police lie to you, and under what circumstances? Further, what steps can you take to protect your rights if the police authorities question you? The U.S Supreme Court …
If you are facing any legal proceedings, you should know the answer to this question: What is proof beyond a reasonable doubt? Proof refers to alleged proof of guilt. When one says there is “proof [of guilt] beyond a reasonable doubt,” they have no doubt that the defendant is guilty. A juror may have some …
A diversion program is a program that offers sentencing alternatives to time in jail or prison. Diversion programs are often reserved for first-time offenders or people who committed minor crimes. These programs divert offenders from the court system into counseling, restitution, or community service instead of a more traditional court-ordered punishment. If you are being …
If you are accused of a crime or are under investigation for alleged criminal activity, you do not need to give a statement to the police. You have the right to remain silent and the right to have a lawyer present. Wanting to explain your version of events is a typical natural response; many believe …
Deferred adjudication is a type of probation that can only be granted by a judge. Instead of time spent in jail, deferred allows a defendant facing criminal charges to stay in the community and avoid a conviction provided they comply with certain conditions. The conditions are set by the court over a specified period and …
The age of consent in Texas is generally seventeen years. Many potential crimes concern Texas’ age of consent laws. Anyone facing potential criminal charges must know the law, hire a lawyer, and understand what may lie ahead of them. What Does Texas Law Say About the Age of Consent? TX Penal Code § 21.11 defines …
What happens if you get a DWI while on probation will depend on the terms of your probation and the nature of the original case. The defendant may be subject to time in jail or prison, a fine, or both. Sometimes the judge suspends the imposition of imprisonment, confinement, or a fine and places the …
There are many pieces of evidence needed for a DWI conviction. To try to prove that you are guilty of driving while intoxicated (DWI), the prosecutor will likely present: The results of your blood or breath test The results of your field sobriety test Witness testimony Statements from the arresting officer The Texas Department of …
Texas considers the unauthorized manufacture, possession, or distribution of controlled or illicit substances to be a drug offense. Some forms of illegal substances include marijuana, narcotics, methamphetamine, opiates, hallucinogens, and cocaine. The Texas Controlled Substances Act applies to both prescription and “street” drugs. For example, it is illegal in Texas to possess someone else’s prescription …
No, you cannot be charged with a DWI without proof. If the arresting officer has no evidence to establish that you are guilty of drinking and driving, then it is impossible for the prosecution to build a successful case against you. Yet, just because you did not submit to a blood or breath test does …
The Texas State Bar notes that certain misdemeanor and felony charges can be expunged in Texas. The details and outcome of your offense will determine whether or not it can be removed from your criminal record. These details include the outcome of the case, how long ago the offense took place, whether you were a …
It can take anywhere from a few weeks to a few months to get your record expunged in Texas. While the process requires patience, having a clean criminal record could be invaluable when the court grants your request. There are many circumstances that affect whether a person can expunge an arrest from their record. For …
Legal definition of possession: Texas Health and Safety Code §481.002(38) says that the legal definition of possession is the “actual care, custody, control, or management” of a controlled substance. The statute’s definition of a controlled substance can include drugs and other substances used to dilute or adulterate a drug. Texas Health and Safety Code §481.002(49) …
According to Section 11 of the Texas Constitution, “all prisoners shall be bailable by sufficient sureties, unless for capital offenses”. This means, in most cases, you cannot be held without bond. However, according to Texas Code of Criminal Procedure §17.152, bond can be denied if the court determines: You violated court orders or conditions of …
Anyone who is the victim of a crime or who witnesses a crime can call their local police department to make a complaint or request law enforcement to come to the scene. In Texas, the prosecutor – not the alleged victim – files charges and prepares criminal proceedings against the defendant in an assault case. …
