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Recent Blog Posts
What Are My Rights as a Defendant Under the Sixth Amendment?
The Sixth Amendment gives you legal rights as a defendant once you are in the criminal justice system. These are protections that govern both the timing of the trial and what you can do to defend yourself from the charges. If the prosecution violates these rights, it could mean that you could successfully challenge any conviction on appeal. Here are some of your major rights according to the Sixth Amendment.
The Right to a Speedy Trial
In general, the accused has the right to a “speedy” trial. The Constitution does not give an exact timeframe for what is considered speedy, but appellate courts usually consider:
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The length of the delay for a trial
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The reasons for the delay
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Whether the accused demanded a speedy trial
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Whether there was any prejudice to the accused
DWI Checkpoints in Texas: What You Need to Know to Protect Your Rights?
Driving While Intoxicated (DWI) checkpoints are an enforcement tool used by law enforcement agencies in Texas to identify and apprehend drivers who may be operating a vehicle under the influence of alcohol or drugs. While these checkpoints ensure public safety, it is crucial for individuals to be aware of their rights and how to protect them when encountering such checkpoints.
In this blog post, we will provide essential information about DWI checkpoints in Texas, empowering you to navigate these situations while safeguarding your rights.
Understanding the Legality of DWI Checkpoints
Under Texas law, DWI checkpoints are considered legal, provided they adhere to specific guidelines set forth by the Supreme Court. These guidelines require law enforcement agencies to conduct checkpoints in a standardized and non-discriminatory manner.
Determining the Constitutionality of DWI Checkpoints
Are Field Sobriety Tests Always Accurate?
When a driver is pulled over by police on suspicion of driving under the influence, there are certain steps the officer will take in order to make that determination. One of the tools that law enforcement will use is requesting that the driver submit to field sobriety tests. This is especially true if there is no odor of alcohol, open container, or any other obvious signs that the driver had been drinking. If the driver submits to these tests and fails (in the officer’s opinion), the officer now has grounds to demand the driver submit to a breathalyzer test.
The following is a brief overview of those tests. If you have been charged with drunk driving, make sure you contact a DWI defense attorney right away.
Walk and Turn
For the walk and turn test, the driver is asked to take nine steps, heel to toe, in a straight line, with their arms to the side, then turn around and take nine steps back. The officer will look for specific clues that suggest the driver is impaired, such as stumbling, swaying, or losing balance.
Two Proposed Texas Bills Could Bring About Harsh Consequences for Defendants
Two different pending new laws in Texas could significantly impact the process and the outcome of the criminal justice process for defendants charged with certain crimes in the state. One bill addresses who courts can deny bail to and the other bill would institute mandatory sentences.
SJR 44 – No Bail for People Accused of Violent or Sexual Offenses
SJR 44 would create a constitutional amendment that would deny bail for any defendant who was charged with a violent or sexual offense, under certain circumstances. The amendment would also apply to anyone charged with continuous human trafficking. To deny bail, a judge would be required to provide “clear and convincing” evidence that the defendant poses a serious risk to the community and that denying bail is the only way to ensure public safety. Bail could also be denied if there is evidence that the defendant is a flight risk.
Some of these charges could include:
What Is the No-Refusal Policy Under Texas DWI Law?
In April 2021, the Texas Department of Public Safety (DPS) announced a no-refusal policy for DWI tests during the annual Poteet Strawberry Festival in Atascosa County. Under the policy, no one arrested on suspicion of DWI that weekend could legally refuse a breathalyzer or blood alcohol test. If any drivers did refuse, police obtained immediate search warrants from an on-call judge that would allow them to conduct those tests.
Since that weekend in April, the state and many municipalities have continued this policy, announcing multiple no-refusal weekends throughout 2021 and 2022. Recently, with spring break for college students just around the corner, comes word from some cities and towns that the policies will continue in 2023.
Implied Consent
Every state has an “implied consent” law, including Texas. Under this law, when a person is issued a driver’s license, they agree that they will consent to any chemical testing for alcohol or drugs when that request is made by law enforcement. These requests are typically made when an officer believes a driver is operating their vehicle while intoxicated.
Will I Go to Jail For My First DWI?
Even having one beer too many can put you over Texas’ blood alcohol limit of .08 percent, leading to an arrest for driving while intoxicated (DWI). Texas takes DWI cases seriously, and you can face consequences that can have a significant impact on your career and reputation.
Fortunately, the consequences for a first-time DWI are less serious than subsequent DWIs, but, as with all crimes, the potential penalties will depend on the circumstances of your case. If you have recently been arrested for a DWI, contact an experienced criminal defense attorney for personalized advice regarding your situation. Prosecutors go after DWI cases aggressively and having an attorney can make a major difference in the outcome of your case and the penalties you receive.
What Are the Consequences of a First-Time DWI in Texas?
In general, first-time DWI offenders can expect to face penalties including:
Which Behaviors Are Considered Assault in Texas?
Understanding the behaviors that can get you in trouble for assault in Texas is important when conducting yourself within the bounds of the law. Unfortunately, if you are reading this, you are likely already facing consequences of actions that are considered assault, and you may want to know what your options are for defending yourself against the charges. To learn more about what is considered assault in Texas, read this blog and then contact experienced Texas criminal defense attorney Soraya Joslin.
What is Considered Assault?
Simple assault in Texas is considered any behavior that:
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Knowingly or intentionally threatens another person with imminent bodily injury
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Intentionally, recklessly, or knowingly causes physical injury to someone
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Knowingly or intentionally contacts someone physically when the other person is likely to consider that contact provocative or offensive
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From our office in Weatherford, we represent clients in communities throughout Parker County, Wise County, Jack County, Eastland County, Johnson County, and Hood County, including Willow Park, Hudson Oaks, Springtown, Mineral Wells, Briar, Azle, Decatur, Bridgeport, Jacksboro, Cleburne, Keene, Joshua, Burleson, Alvarado, Granbury, Oak Trail Shores, DeCordova, Pecan Plantation, Eastland, Cisco, and Ranger.
Results listed are not a guarantee or indication of future case results.
