2020 got off to a very bleak start for the families of four people killed or seriously injured after a vehicle collided with a metallic sign pole.
In recent years, many states have all but eliminated their criminal laws which prohibit marijuana possession. On January 1, 2020, Illinois became the latest state to legalize recreational weed. However, marijuana possession is still illegal in Texas. As a matter of fact, the Lone Star State has one of the toughest marijuana possession laws in the country. A single joint could mean up to six months in jail.
Comparative fault is perhaps the most common insurance company defense in car wreck claims. This legal loophole basically shifts blame for the accident from the tortfeasor (negligent driver) to the victim.
Criminal appeals are not easy to win. Typically, appeals court judges do not like to second-guess a jury's verdict. These judges are even less likely to overturn a judicial colleague's decision. Additionally, proving there was an error at trial is not enough. The law is quite clear that defendants are entitled to a fair trial, but not a perfect one.
Falls are commonly associated with nursing home stays. 40 percent of patients check into long-term care facilities after a fall, and 60 percent of all patients fall while they are there.
No matter where it occurs, drug trafficking is a serious felony. Note that monetary exchange is usually not an element of drug trafficking. Giving unused Oxycontins to a friend or co-worker, even without a quid pro quo, could be considered drug trafficking.
Generally, assault is a spontaneous crime related to alcohol consumption. A verbal argument gets out of control or people do things they normally would not do. As a result, Section 22.01 crimes are fairly common on court dockets in the months following the sometimes overly-festive holiday season.
Months of intense court supervision is not for everyone. That's especially true if the defendant has issues accepting authority or has problems getting to certain places at certain times. For these and other reasons, an increasing number of DWI defendants choose a brief jail sentence over a lengthy period of probation.
In a vehicle collision claim, the victim/plaintiff must establish liability by a preponderance of the evidence, a legal term which means "more likely than not."
Ordinary possession charges, which could be misdemeanors or felonies, account for over 80 percent of the drug cases in Parker County. This high percentage is probably a byproduct of the 1980s war on drugs. Back then, perhaps because of the fictional and news media, most people saw drug possession as a criminal matter.
A crossroads collision in Arlington sent a vehicle careening into a utility pole, killing the driver almost instantly. Doctors speculated that a head injury may have delivered the fatal blow.
Given the frequency of alcohol-related vehicle crashes, the state of Texas is serious about preventing drivers from getting on the road while intoxicated.
If you are charged with a crime in Parker County, do not expect a dramatic courtroom showdown like the ones in movies and TV. Only about 2 percent of criminal cases go to trial.
Most states legalized DWI checkpoints in the 1990s. Generally, these checkpoints are legal, as long as they meet certain requirements. One such requirement is specific legal authorization from the state's legislature.
Most people go to nursing homes to receive the care and attention they need. Sadly, in many cases, things do not work out that way. Largely because of nursing home overcrowding, about 60 percent of nursing home residents sustain serious falls. A majority of these people can no longer live independently after they fall.
Drivers' license suspension is perhaps the worst collateral effect of a DWI. However, contrary to popular myth, arrest-related drivers' license suspension is neither automatic nor mandatory. That's assuming the defendant requests an Administrative License Revocation hearing. At the ALR hearing, the state must prove specific facts to impose license suspension.