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Read Criminal and Law Blog Topics by Eric Torberson
When a person asks about the repercussions of a DWI in Texas 3rd offense, unfortunately, it means that they already have had previous DWI convictions beginning with a DWI 1st conviction. Then a DWI 2nd conviction. A 3rd DWI conviction…
Racing on Highway is a crime defined in the Texas Transportation Code Chapter 545.420. It has the potential of serious punishment including jail time and fines. This means under specific circumstances a person could go to jail for 20 years and…
Usually this is an accusation is associated with other charges such as a Texas domestic violence charge known as assault family violence. It is known as Interference with a 911 call or Emergency Call for Assistance. Sec. 42.062. INTERFERENCE WITH EMERGENCY REQUEST FOR…
There are a few different options to get out of a ticket in Texas. If you qualify for defensive driving and desire to take defensive driving, that is one way. Another option is to request a judge or jury trial…
Getting your Texas driver license back will depend on the reason it is suspended. In the mean time you can get an Occupational Driver License. This is not the same as a hardship license in Texas. Those are utilized by…
What is Robbery? Robbery in Texas occurs when committing theft with intent to maintain control of the stolen property while intentionally, knowingly, or recklessly causing bodily injury to another. Robbery can also be intentionally or knowingly threatening or placing another…
It is not advisable to fight a DUI or any criminal charge in court without a lawyer. But since you are reading this there must be a financial or other reason that you are choosing not to hire a legal…
What is Unauthorized Use of a Motor Vehicle? Unauthorized use of a motor vehicle is intentionally or knowingly operating another’s boat, airplane, or motor vehicle without the other’s consent. What is “Operate” a Motor Vehicle? Operate doe not necessarily mean…
This specifically applies to a situation where there are no injuries and the accident involves a situation such as just a one car accident. The damage is just to the car that crashed and nobody else’s property or roadside property…
Did you mean Protective Order vs Restraining Order? What is the difference between a Restraining Order and a Protective Order? Restraining Order Protective Order What does it do? In civil cases it orders someone to do or refrain from doing…
A driver’s license is suspended for differing amounts of time depending on how old the driver is and whether there are previous suspensions or convictions in the driver’s past. Below is a chart showing driver’s license suspension periods for DUI…
Texas is a one party consent law state. This means if you are one of the parties to the conversation and want to record it you can. If you are not a party to the conversation you need to have…
The current federal law, as of September 2020, designates marijuana as an illegal drug. It is listed as a schedule 1 drug by the DEA. Schedule 1 drugs are considered to not have medical value and are a high potential…
Call us for more information 888-234-5550 The cost of a DWI lawyer depends on the severity of the DWI charge. DWI cases range from Class B misdemeanors up to 1st Degree Felony charges. The amount of work to do on…
9 Ways to Help Win a DWI in New Braunfels What to do if You’ve Been Drinking and Get Pulled Over When a driver is being stopped after they have been drinking it is important to correctly pull over. When the police flashers are…
Texas and all other states test for Blood Alcohol Content (BAC) when a driver or operator is suspected of intoxication after stopped by the police. Some jurisdictions ask for a breath test first and then if refused, get a warrant.…
What is the Intoxilyzer 9000? This machine is used to determine a driver’s blood alcohol content after being arrested for DWI or the other variations of operating such as DUI, DWI, BWI etc. The Intoxilyzer 9000 is the alcohol breath…
First of all “Bail” is security given by an accused to appear in the proper court because of an allegation. Bail includes a bail bond or a personal bond. The purpose is to secure the presence of an accused in…
What is Castle Doctrine in Texas? Every state makes their own laws for people present within its borders. Not all state laws allow for the Castle Doctrine. In Texas. person’s home is their castle. A person can use deadly force…
As of 2020 possession of marijuana is still illegal in Texas. The following chart lays out the punishment range for the amount of possession of marijuana: Class B Misdemeanor 2 oz or less up to 6 months jail Class A…
Leaving the scene of an accident is what is called a ‘hit and run’. In Texas it can range from a class C misdemeanor all the way up to a 2nd degree felony. A class C misdemeanor if punishable by…
What is an Open Container? An open container is a bottle, can or other receptacle that contains any amount of an alcoholic beverage and is open, has been opened, has a broken seal, or is partially empty. The other important…
What are the City of San Antonio Noise Ordinance Times? The San Antonio Noise Ordinance daytime/evening times are 6 a.m. to 10 p.m. Sunday through Thursday. On Friday and Saturday the time 6 a.m until 11 p.m. Conversely the “nighttime”…
In Texas the driver is required to sign a traffic ticket. The Texas Code of Criminal Procedure states that a driver must sign a citation’s promise to appear line. Can You be Arrested for Not Signing a Traffic Ticket? In…
Deferred Disposition is a way to resolve a Class C ticket in Texas that gets the ticket dismissed within 6 months. The 6 month probation may be longer if good cause is shown by the defendant to the judge that…
Call for more information 888-234-5550 or 512-920-0529 Make your appointment. We handle several counties in Texas. DWI Lawyer Cost? Each lawyer’s attorney fees will vary. For a DWI 1st they can vary from $3,000 to $5,000 to as high as…
If police decide to pull you over it should be done in the safest and soonest possible way. In Texas if an emergency vehicle drives behind you with audible sounds or visual lights you must immediately attempt to move to…
Sometimes it is useful in bargaining the case when the prosecutor knows that my client learned a lesson that impacted them to make a change. Can a judge order you not to drink? Yes they can. While a case is…
How Can I Find Out if I Have a Failure to Appear for a Traffic Ticket? In most cases you can enter your information on this DPS website and it will inform you of your violation and where the appearance…
My dog bit someone now what happens? Just because a dog bites someone does not automatically mean the dog is to blame. Dogs have a right to live in peace. Dogs have a right to protect themselves and their property.…
Is CBD oil Legal? Yes if it has not more than .3 THC, Tetrahydrocannabinol. Tetrahydrocannabinol What is Tetrahydrocannabinol? It is THC. It is primary psychoactive chemical in Cannabis Sativa. Hemp is a strain of cannabis with a lower THC level…
Is There a Texas State Law Noise Ordinance? State law and an ordinance are 2 different things. The ordinances in a particular city are different than a law governed by the state statutes. Does a state law noise ORDINANCE exist?…
A Texas arrest warrant can be issued for several different reasons. If the police think a crime has been committed a detective will put together a description of evidence into a probable cause affidavit. It will then be used to…
Lawyers, like many people, are asked all the time about what it is that they do for work. The lawyer will answer, “I practice law.” But the inevitable next question will be “what kind of law do you practice?” The person asking…
Black’s Law Dictionary defines perjury as the willful assertion as to a matter of fact, opinion, belief, or knowledge, made by a witness in a judicial proceeding as part of his evidence, either upon oath or in any form allowed…
Believe it or not, but any kind of animal cruelty was not a felony in Texas until 2001. It took Loco, a Dallas puppy, to be temporarily stolen and his eyes gouged out, to make some animal cruelty actions a…
If your dog is accused of biting or attacking a person or an animal, you need to first look at what law the accusation results from. Was it the Texas statute (law) or a local ordinance There are several ways…
UPDATE!!! On March 28, 2022 the Texas Drone Law was ruled unconstitutional in the Western District of Texas in Austin, TX. “U.S. District Judge Robert Pitman struck down a Texas drone law (one of the most restrictive in the U.S.),…
Mailing drugs without a license is a federal offense. Sending drugs legally through the mail requires a license with the DEA. This is considered distribution of a controlled substance. To apply, a person or business must be of the following:…
A Texas Protective Order begins with an application. Under the Texas Code of Criminal Procedure Chapter 7A a victim, or parent or guardian of a victim younger than 17, who is the victim of continuous sexual abuse of a child,…
In Texas Possession of Drug Paraphernalia (PODP) is a class C misdemeanor punishable by up to a $500 fine. Delivery of Drug Paraphernalia or possession with intent to deliver is a class A misdemeanor. With a previous conviction the minimum jail…
In Phoenix, Az in 1963 Ernesto Miranda was asked to accompany police officers to the station to answer question about the kidnapping and rape of 18 year old Lois Ann Jameson. Miranda voluntarily went the station. He stood in a…
A possession of a drug charge requires a person to be in actual possession of a controlled substance. “Possession” is defined in the Texas Penal Code as actual care, custody, control, or management. This is the same for misdemeanor and…
Yes, an arrest is reported by the jail to the Texas Department of Public Safety records. Obviously charges have to be filed in order to be dismissed, which would happen at a later time after an arrest. Arrests, regardless of…
How Long Does a DWI Stay on Your Record In Texas? The short answer is forever. But I need to elaborate. The question should be more specific and ask “DWI Conviction” rather than “DWI”. A dwi conviction stays forever. A…
What is Invasive Visual Recording? A person without the other person’s consent invades the privacy of the other person by photographing or by videotaping or other electronic means records, broadcasts, or transmits a visual image of an intimate area of…
What is Jail Release? The jailing process begins with either a warrant or an on site arrest. A warrant is the result of a criminal charge from some previous time. An on site arrest is the result of on officer…
Yes, it is a felony in most cases. Felony charges will in include schedule 1 through 4 levels. Unless the controlled substance is a schedule 5. Then the prescription fraud is a Class A misdemeanor. Changing a Prescription This is…
What is Notice of Criminal Trespass Texas? Notice is a very important consideration when proving someone is trespassing. Notice of trespassing in Texas is defined as any one of the following-oral or written communication, fencing, signs, purple painted vertical lines,…
Will I lose My Drivers License With DUI or DWI? It is very possible that a Texas drivers license will be suspended after a DUI or DWI charge. DUI charged drivers, reserved for people under 21, are looking at a…