The number of classic bar fight assaults has plummeted more than 60 percent since the early 1990s. But misdemeanor assault is still one of the most commonly-charged offenses in Parker County. Under Texas Penal Code 22.01, it is a Class A misdemeanor (up to one year in...
Month: August 2018
DWI Alternatives and Enhancements
Driving While Intoxicated is, by far, the most commonly-charged alcohol-related offense in North Texas. But sometimes, all the elements are not present. Or, in a few cases, there is not enough evidence of intoxication to establish probable cause. Sometimes, the...
Four Key Individual Rights in a Criminal Case
The jury system is the foundation of individual rights in criminal cases. This is a right few others enjoy. An estimated 90 percent of the word's jury trials occur in the United States. Rather ironically, that's also roughly the proportion of criminal plea bargains as...
Walk and Turn for your liberty!
The heel-to-toe walk test, which is also known as the walk and turn, is the third field sobriety test in the three-test National Highway Traffic Safety Administration-approved three test battery. It's a divided attention test which measures both mental acuity and...
Pretrial release in Tarrant County
Pretrial release is important for a number of reasons. Obviously, people who are incarcerated cannot work, go to school, or spend time with their families. Furthermore, these individuals cannot participate in their own defenses, at least in any meaningful way....
Stand on one leg to prove you’re sober…Genius!
Of the three standard field sobriety tests, the One Leg Stand test is perhaps the easiest one to challenge. At best, it is only about 65 percent accurate in determining alcohol intoxication. In most cases, such a low percentage can hardly be considered proof beyond a...
Possible defenses to your Possession charge
In Texas, possession of even trace amounts of marijuana is a Class B misdemeanor (6 months in jail and $2,000 fine). Possession of a weapon is a Class A misdemeanor (one year and $4,000 fine). IN some cases, a non-working firearm, a pocketknife, and a hammer could all...
Whats up with that crazy eye test?
The Horizonal Gaze Nystagmus test is unique among the three approved Field Sobriety Tests. The other two FSTs are divided attention tests which measure both mental clarity and physical dexterity. The HGN test, on the other hand, has nothing to do with either of these...
DWI Roadblocks in Texas? Not so fast!
As far back as the 1960s, law enforcement agencies in Texas used random checkpoints to circumvent the reasonable suspicion rule. Sometimes, these DWI checkpoints consisted of little more than groups of officers who pulled over motorists if they "didn't look right."...
Want to get off early from your probation? Read this…
Especially in felony cases, community supervision can be quite burdensome. The period of probation may be several years. During this time, there are travel restrictions and reporting requirements. There is also the constant threat of probation revocation. Texas Code...
