Blog Posts in October, 2013

Preliminary Hearings

A preliminary hearing does not determine whether an accused person is found ‘guilty’ or ‘not guilty,’ but it determines if there is enough evidence to proceed before a grand ...
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The Demerit Point System

With every traffic violation you incur, you are racking up invisible points with the Texas Department of Public Safety. It’s called the “Driver Responsibility Program”, and it could ...
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What Is Deferred Adjudication?

Deferred adjudication is a type of probation that can be offered as a sentencing alternative for Class A, B, and C misdemeanor charges in Texas. Being given a deferred adjudication does not mean the ...
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Suspended Drivers License: Now What

What Leads to a Suspended License? For alcohol-related charges, your license can be suspended anywhere from 90 days to two years for failing or refusing a blood test or breathalyzer test. If ...
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What If I Get a DUI Out of State?

If you are on vacation out of state and get charged with a DUI, you still can face similar consequences as you do in your home state. This is because DUI laws tend to be similar across jurisdictions. ...
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Traffic Stops and Police Searches

When stopped by the police, many are confused about their rights during a traffic stop. Why are drivers pulled over? Police will usually stop cars if they witness a driving violation, are suspicious ...
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DWI School: What to Expect

If you’ve been charged with a DWI, there are many consequences you could face, from jail time, to heavy fines, to a suspended drivers license. One consequence that everyone charged with a DWI in ...
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What is Bail and What is it For?

Bail is an amount of money a court holds in exchange for the release of an arrested person. When someone is arrested, the person’s family or friends can come up with the money so that their ...
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Law Allows Direct Sales From Texas Distilleries

A new Texas law went into effect on September 1st which allowed in-state distilleries to sell their spirits directly to customers instead of having to sell through a distributor. This direct sale ...
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What Happens If I Violated Probation?

Probation violations can happen to anyone. If you accidentally missed a court date or didn’t check in with your probation officer, the consequences can be serious in the state of Texas. ...
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Texas and Sobriety Checkpoints

Texas leads the country as the state with the most fatalities due to drunk driving. So it might serve as a surprise that Texas is one of the few states that does not allow law enforcement to set up ...
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How Reliable is Eyewitness Testimony?

In the past, the outcomes of criminal court cases relied heavily on eyewitness testimony. A lot of credit was given to witnesses who were at the scene of the crime, and their testimony often was a ...
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Are Breathalyzers Accurate?

Breathalyzers are made to test a person’s blood alcohol content, but as you may know, they use a person’s breath to analyze this. You may be asking yourself, why do breathalyzers test a ...
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Texas Gun Law Overrides NFL

Texas state law has overridden a National Football League policy in which off-duty officers will be able to carry weapons to games with them. The NFL policy states that the only police officers who ...
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Texas Open Container Laws

Open container laws refer to the act of drinking alcohol or simply having an open alcohol container in certain public areas, including your vehicle. The laws were originally established to reduce the ...
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How Do You Plea?

Do you know your options? In court proceedings, the defendant must decide which plea they will answer the charge with. A plea is an important part of a trial and must be decided on before arraignment ...
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Strictest Gun Legislation in the Country?

In Texas, we like to protect our gun rights. Across the country in Maryland, however, perhaps one of the strictest gun laws in the country has been passed and took effect Tuesday. The new law will ban ...
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Am I entitled to a self-defense plea?

The self-defense plea has been abused historically as an attempt to get out of criminal charges, from assault to murder. However, not just anyone can claim a crime was committed in self-defense. There ...
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TV Myths About Criminal Defense

There are a lot of myths surrounding criminal defense proceedings. These are fueled by the media portrayal of crime on fictional TV dramas. While a DNA test may take several weeks in real life, on TV ...
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Public Defense

According to the Constitution, Americans are supposed to have the right to an effective attorney even if they cannot afford one. Public defenders provide poorer populations the right to defend their ...
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