Herreth Law
Serving Weatherford, Fort Worth And Beyond

September 2018 Archives

Are BAC Chemical Tests Accurate?

The modern Breathalyzer looks like a very sophisticated machine. It is compact, sleek, user-friendly, and fast. When police lab technicians take the stand to talk about fuel cells and electrical impulse conversions, these machines sound even fancier. It's not fair to say that these gadgets are all sizzle and no substance. But, that assessment is not too far from accurate.

Four Search Warrant Requirements in Drug Cases

In the colonial period, British officials often used blank search warrants to enter private property with little or no cause. To end this practice, the Founding Fathers included the Fourth Amendment in the Bill of Rights. Later, courts used the Fourteenth Amendment to apply this provision to state law enforcement agencies.

Winning a Circumstantial Evidence DWI Case

Most drivers provide chemical samples, usually breath samples, upon request. The conviction rate in these cases is over 80 percent. The rate is close to 100 percent in blood test cases. But in non-test cases, the Tarrant County conviction rate plummets to 45 percent.

First-Time DWI Penalties in Parker County

The state often sponsors billboards and other ads which claim that a first-time DWI costs $17,000. That claim is not exactly true, but it is not exactly false either. $17k is a fairly good average figure for both the direct and indirect consequences of DWIs, but it is only a very rough average.

The Entrapment Defense in Texas Drug Crimes

"I was set up" is one of the most common defenses in Texas drug crime cases. Sometimes, this defense works. Some greybeards may remember the John DeLorean cocaine case from the early 1980s. The automaker needed money to save his company, and so he tried to sell some cocaine in what turned out to be an undercover sting operation. The jury eventually acquitted him.

Sex Offender Registration Requirements

In Texas, convicted sex offenders must register for either ten years or life. The ten-year clock does not begin ticking until after these defendants complete their sentences in full. In general, sexually violent crimes or offenses involving children usually mean lifetime registration. Any others may only require ten-year registration.

Four Kinds of Theft in Texas

Perhaps more so than in other kinds of cases, the number one goal in theft matters is usually keeping the crime off the defendant's record. All kinds of theft, even Class C theft by check, is a crime of moral turpitude in Texas. Such a conviction can have serious lifelong ramifications. Moreover, the Public Accountancy Board, and a few others, consider deferred adjudication to be a conviction.

Why Do Criminal Cases Take So Long?

There is a saying among criminal defense attorneys that William Gladstone, who is credited with the "justice delayed is justice denied" quote, was clearly not a criminal defense lawyer in Texas. From a prosecutor's standpoint, he was right. Back in my days as an Assistant District Attorney, we always believed that the faster we could bring cases to trial, the better our chances of success would be.

Dealing with Simple Assault Cases in Parker County

Technically, there are three types of simple assault cases in Texas. Nearly all of them are 22.01(a) Assault with Bodily Injury (ABI) cases. A few are 22.01(b) assaults by threat (ABTs) or 22.01(c) assaults by contact (ABCs). But the latter two are only Class C misdemeanors (no jail time and $500 fine). Prosecutors nearly always bring the most serious charges possible.


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