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January 2020 Archives

The Three Elements of a Marijuana Possession Prosecution

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.

Possible Grounds for a Criminal Appeal

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.

Five Assault Enhancements in Parker County

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.

What to Expect in a DWI Probation

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.

Resolving Drug Possession Claims in Parker County

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.

Breaking Down Nursing Home Fall Claims

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.

Does the ALR Hearing Matter in a Parker County DWI Case?

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.


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