Typically, violent crimes are not eligible for expungement. This might include domestic violence or assault charges. Every case is different, so you could still consult a criminal defense attorney to see if you qualify. However, expungement usually applies to lighter crimes like shoplifting or drug possession.
If a judge convicted you of a sex-related crime, you probably won’t be eligible for expungement. In particular, this applies to sex offenses that required you to join the sex offender registry. Additionally, you might have to wait a certain period of time before you can apply for expungement. Your expungement attorney could tell you how long you have to wait before you can try to get the conviction taken off your record.
You might not qualify for expungement if you rack up another criminal offense during the waiting period. However, this usually doesn’t apply to minor traffic offenses. You could still apply for expungement later in life, but your waiting period might essentially reset after your latest conviction.
If your attorney says that you qualify for expungement, they could help you file your request with the local court. You might have to pay a fee to petition for expungement. Once the court grants your request, the conviction will fall off your record. Past reports about the conviction might still exist, but you’ll have a clean slate again.
When you apply for a job, you won’t have to report an expunged conviction. If you don’t qualify for an expungement, you might qualify for a nondisclosure that still keeps employers from seeing the conviction on your record. Talk to an attorney to see if you qualify.
]]>A person who possesses a controlled substance may or may not face charges depending on the circumstances. Oxycontin and testosterone are both controlled substances. However, doctors may legally prescribe these drugs. A person with a legal prescription might lawfully possess and use them. Someone without a prescription could face charges.
Some drugs are illegal under all circumstances, such as methamphetamines and heroin. Possession of such drugs might lead to an immediate arrest. The specific charges might dictate the potential penalty’s severity. A person caught with a small amount of cocaine faces a possession charge. Someone with several kilos could face possession with intent to distribute.
Charges could be misdemeanors, which might be the case with minor possession arrests. Someone involved in a drug trafficking scheme may face multiple penalty charges. With some marijuana possession charges, someone convicted may face little more than probation and the mandated enrollment in a drug treatment program. Still, marijuana possession could lead to jail time, depending on the case.
Although someone might end up arrested, the arrest doesn’t equate with a conviction and penalty. What if the police arrested the wrong person? Mistaken identity seems like sufficient grounds for the dismissal of charges.
The police cannot coerce people to confess to a crime they did not commit, and warrants may be required for certain searches. And was there probable cause to make an arrest? An attorney could raise issues surrounding the arrest.
]]>The events unfolded on FM 1179 near the entrance to Frank’s Country Store. Eyewitnesses are said to have told responding DSP troopers that a pickup truck driver lost control of his vehicle as he attempted to pass a line of cars that had been waiting to turn left. They said that the pickup truck struck the rear of a car before coming to a rest in a creek. According to reports, the car that was struck was propelled into a ditch. A resisting charge was added after the man allegedly refused to cooperate with medical technicians who had been tasked with gathering a blood sample.
A records check revealed that the man was sentenced to probation in 2017 after pleading guilty to a misdemeanor count of simple assault. According to media reports, he was charged in connection with a physical attack in College Station that left the victim with loosened teeth and a broken jaw. Police officers determined that the man initiated the assault.
Resisting arrest, refusing to cooperate with jail or hospital staff and attempting to elude law enforcement will usually make an already bad situation much worse. This type of behavior gives police the opportunity to file additional charges and could encourage prosecutors to take a firmer approach during plea negotiations. If you are ever tempted to flee from the scene of a traffic stop, an experienced criminal defense attorney may urge you to resist the impulse, make no admissions when questioned and ask to speak with a lawyer.
]]>These tests are affordable, and many cost as little as $2. The officer takes the substance and drops it into a bag that is filled with certain chemicals. If the seized substance is an illegal narcotic, the chemicals will change colors. This test is not enough to convict a defendant in a trial. However, it is used to establish probable cause to arrest the suspect. Then, the substance would be subject to further tests to conclusively determine that the substance is an illegal narcotic.
The problem happens when the test yields a false positive. Some defendants end up pleading guilty based on the arrest and before the case goes to trial. However, because the test has yielded a false positive, the arrest was never valid in the first place. Thus, the conviction is not lawful either. In Nevada, numerous defendants have had their convictions overturned and some have had charges dropped on this basis. In any state, defendants should be questioning the chemical evidence against them in light of the fact that these tests can be faulty.
If you have been arrested on suspicion of narcotics possession, you need a criminal law attorney to defend you as your case makes its way through the criminal justice system. The attorney could make sure that your constitutional rights are protected and that you are free from illegal searches, seizures and arrests. The criminal justice system may be difficult to navigate on your own without legal help.
]]>It was recently reported that scientists are advancing in creating tests that will use saliva to determine the level of cannabis in a person’s body. This could be a critical factor in a DWI investigation as drivers who register as having used cannabis can face charges and penalties if they are convicted. Researchers assert that using cannabis has several of the same negative effects on a person’s reaction time, judgment and ability to drive safely as alcohol does.
The compound in marijuana – THC – that results in its intoxicating effect is still being studied to establish a range where a driver would be viewed as impaired. Currently, a blood test is needed to gauge the amount of THC in a person’s body and that takes time. Researchers are working on a roadside test with a device like a breathalyzer for THC. Breath tests may not yield accurate THC results. A saliva test is believed to be comparable to blood tests for accurate measurements.
The device researchers from the University of Texas used was found to be accurate within certain ranges. It also takes under five minutes to complete. It may not be long before drivers who are stopped on suspicion of DWI face a cannabis test for THC just like they would a breathalyzer test to see how much alcohol they have consumed. Lodging a defense against these charges can be complicated. Just like breathalyzer tests, there will be procedures the officer must follow. If there are issues with the test or the way it was conducted, this can be the foundation for a defense. Having a legal professional experienced in drunk driving cases and other types of DWI may be imperative to combat the charges.
]]>Many people need not suffer these consequences, at least not forever. Texas has rather broad expungement and sealing laws. Expungement erases criminal records; sealing makes the records private. A good Weatherford criminal defense attorney can file a petition and often obtain a successful result without a court hearing.
They Automatically Seal Juvenile Records
You would think so, but that’s not true. The state does not automatically seal or expunge juvenile records when the defendant turns 18 or 21.
However, juvenile records are usually sealable or expungeable. In fact, certain kinds of juvenile offenses, such as failure to attend school and MIP (Minor in Possession of alcohol) might be expungeable even if the defendant pleaded guilty and received probation.
A Criminal Background Eventually Falls Off Your Record
This myth is plausible as well. Bankruptcy, repossession, and other negative information only stays on credit reports for a few years. Specifically in the criminal law realm, many employer criminal background checks only go back seven years. And, for enhancement purposes, DWIs fall off criminal records after ten years.
But even if the case of DWI, the record remains. Criminal records are like the mythical “permanent record” in a public or private school. When people are charged with or convicted of crimes, expungement or sealing is the only way to remove them or limit their effect.
Criminal Records are Permanent
This view is quite fatalistic and also quite erroneous. If the defendant pleaded guilty or was found guilty by a jury, the record is difficult to undo. And, some criminal charges are not expungeable or sealable. Generally, however, if the charges were resolved in one of the following ways, the charge is expungeable:
No court charges filed,
Case dismissed before trial,
No felony court charges filed as part of a misdemeanor arrest,
Identity theft issue,
Conviction reversed in Court of Criminal Appeals, and
Executive pardon.
In many cases, if the defendant pleaded guilty or was found guilty, the conviction is sealable, if the defendant had no prior criminal record.
Pardons are Impossible to Obtain
This myth might be the most inaccurate one of all. In many cases, an executive pardon is the easiest way to obtain expungement.
Frequently, the governor issues pardons in cases that have been closed for many years. The conviction must simply jive with the governor’s political agenda. Former President Barack Obama granted over 1,700 clemency petitions. Most of them involved drug sentences which he believed were unduly harsh.
Criminal records often are not permanent, but they never go away by themselves. For a free consultation with an experienced criminal defense attorney in Weatherford, contact Herreth Law. We routinely handle matters in Parker County and nearby jurisdictions.
]]>So, it’s especially important for a Fort Worth criminal defense lawyer to challenge Breathalyzer results. These challenges are particularly effective in borderline BAC cases, such as a .08 or .09. If an attorney partners with a degreed chemist who explains Breathalyzer flaws to the jury, that’s even better.
Ethyl Group Misreading
Breathalyzers count the number of ethanol particles in a breath sample and use that number to estimate the subject’s BAC level. That process seems rather straightforward, but upon closer examination, there are problems.
Many Breathalyzers count any particle in the methyl family as ethanol. Roughly 70 percent of all breath particles have this molecular configuration.
Another way to look at this issue is that the Breathalyzer’s accuracy works against it. The more particles it reviews, the more particles it counts as ethanol, even if they are something else. So, Breathalyzer techs who crow about the gadget’s ability to examine millions of particles might be eroding the prosecutor’s case.
Acetone Levels
This flaw is an offshoot of the methyl miscalculation issue. Diabetics, smokers, and some other individuals have unnaturally high acetone levels in their bodies. Acetone particles are molecularly similar to ethanol.
This flaw is a good one to present to a jury. Jurors clearly see the problem, even if they do not know a lot about science.
Hematocrit
A hematocrit is the volume of red blood cells in human blood. The higher the blood cell count, the higher the BAC level. Most Breathalyzers assume a person’s hematocrit count is 47 percent. But the average hematocrit count is about 45 percent for men and 40 percent for women. Lower counts are common.
Frequently, attorneys have defendants undergo blood tests to determine their actual red blood cell levels. If the actual level varies from the presumed level, many jurors will see the results as inaccurate.
In other cases, it’s best to expose the jury to the theory. Many police Breathalyzer techs do not know what a “hematocrit” level is, or they at least do not know how to explain it to jurors. Such inability makes the tech appear incompetent.
Temperature
Scientific instruments like Breathalyzers are very sensitive to air temperature. In North Texas, air temperature can vary significantly from one day to the next or even one hour to the next, especially during certain times of year. Yet most Breathalyzers are only calibrated once a month.
The subject’s body temperature is important as well. Generally, every one degree above normal triggers about an 8 percent increase in the BAC estimate.
Mouth Alcohol
Texas law requires officers to monitor suspects for at least fifteen minutes before they provide breath samples. Courts have watered down this requirement so much that the monitoring period is basically a waiting period.
In this case, the broad interpretation hurts prosecutors. There’s usually no way to know if the defendant burped or vomited in the fifteen minutes prior to the test. In these situations, alcohol particles from the stomach flood the mouth, causing an artificially high BAC estimate.
Breath tests are nowhere near 100 percent accurate. For a free consultation with an experienced criminal defense attorney in Fort Worth, contact Herreth Law. We routinely handle matters in Tarrant County and nearby jurisdictions.
]]>Frequently, these wrecks occur on isolated freeway stretches where there are few witnesses. That could be a problem for Weatherford personal injury attorneys, because the victim/plaintiff has the burden of proof in truck crash claims. So, many attorneys must find additional evidence. Fortunately, there are a number of options.
Event Data Recorder
These gadgets resemble the black box flight data recorders inside commercial jets. Investigators rely on black boxes to help determine the cause of an airplane crash, and personal injury attorneys use EDRs for similar purposes.
Capacity varies by make and model. But most EDRs measure and store vehicle operation information like:
Vehicle speed,
Steering angle,
Brake application, and
Engine RPM.
These devices are technically sophisticated. An attorney must have the right tools and training to access EDR information.
That’s assuming the gadget is available in the first place. Attorneys must overcome vehicle information privacy laws to access this information. That usually means convincing a judge to sign a court order.
Electronic Logging Device
ELDs record HOS (hours of service) information. So, these computers are often invaluable in drowsy driving claims.
Both Texas and the federal government have strict rules about truck driver work time and off time. If a trucker violated one of these laws and that violation substantially caused the crash, the tortfeasor (negligent driver) might be responsible for damages as a matter of law.
ELDs, and EDRs, are essentially bulletproof in court. Assuming the gadget was working properly, it’s almost impossible for insurance company lawyers to successfully block them.
ELDs are subject to the same vehicle information privacy laws as EDRs. There are other privacy laws to consider as well.
Safety Maintenance System
Generally, the tortfeasor’s driving record is admissible in court. But many truck drivers have drivers’ licenses in several states. It is very difficult to obtain such out-of-state records.
The Federal Motor Carrier Safety Administration’s SMS database often solves this dilemma. An SMS report is basically a multistate drivers’ license record which contains information such as:
Crash history,
Prior moving violations,
Vehicle maintenance history, and
Alcohol or substance use.
SMS information comes from law enforcement sources instead of judicial sources. The difference could be significant. Assume a driver was arrested for DWI in another state and a lawyer beat the charges on a technicality. The DWI might not show up in judicial records. But it would probably show up in the SMS report.
Successful truck crash claims are built on solid evidentiary foundations. For a free consultation with an experienced personal injury attorney in Weatherford, contact Herreth Law. We do not charge upfront legal fees in personal injury cases.
]]>Many jurors assume that people who are in jail must have done something wrong. Parker County prosecutors know this, so they usually do not offer favorable plea bargain agreements in these cases. So, the defendant must accept an unfavorable offer, face a risky trial, or an equally-risky open plea. None of these options are very good.
Fortunately, a Weatherford criminal defense attorney basically has two chances to get a defendant out of jail before trial.
Immediate Release
Parker County has a limited pretrial release mechanism. If the defendant is charged with a nonviolent misdemeanor, the defendant might be eligible for OR (own recognizance) release. Defendants promise to appear at trial, and the sheriff releases the defendant. A few other conditions, such as personal check-ins, might apply as well.
There is no formal hearing, but an attorney can sometimes advocate for defendants in these situations. If nothing else, the fact that the defendant has an attorney often impresses the review board.
In more serious cases, a bail bond is usually available. A bail bond is basically an insurance policy which guarantees the defendant’s appearance at trial.
Sometimes, attorneys can handle the entire process. Once the defendant is released, they immediately begin preparing a defense. In other situations, attorneys can refer defendants to bail bondsmen.
Bail Reduction Hearing
In extremely serious cases, like murder or sexual assault, initial bail is often unavailable. In other cases, the bail amount is too high. For many families, two or three thousand dollars might as well be two or three million dollars.
Judges usually consider or reconsider bail during the arraignment. This preliminary hearing takes place about seventy-two hours after the defendant is arrested.
During initial determinations, the sheriff usually only takes a couple of factors into account, such as the severity of the offense and the defendant’s criminal record. At a bail reduction hearing, the judge looks at other factors as well, such as:
Amount of evidence against the defendant,
Defendant’s threat to the community,
State’s arguments against bail, if any, and
Defendant’s contacts with the community.
After considering the arguments of both sides, most Parker County judges at least reduce the bail amount. Pretrial detention is not a punishment mechanism. It’s designed to protect the public and ensure the defendant’s appearance at trial. If an attorney sticks to these themes, a bail reduction usually happens.
Prompt jail release is often the key to a successful outcome in criminal cases. For a free consultation with an experienced criminal defense attorney in Weatherford, contact Herreth Law. Home and jail visits are available.
]]>The wreck occurred on Matlock in south Arlington. According to police and surveillance video, 27-year-old Tristan Bustillos pulled into a left turn lane as he was leaving soccer practice. For unknown reasons, Bustillos then continued travelling southbound on the northbound side of Matlock. Shortly thereafter, Bustillos hit an SUV head-on. Bustillos was killed almost instantly, as were a pregnant woman and her unborn child in the SUV. The woman’s mother was rushed to a nearby hospital in critical condition.
Investigators ruled out alcohol but they do not know the cause of the crash. Arlington Police Department Lt. Christopher Cook speculated that Bustillos might have been distracted or confused as to the road’s layout.
Legal Issues in Wrong-Way Crashes
Frequently, these collisions are much more complex than they appear. There are many reasons why a driver might be on the wrong side of the road. Most of them, but not all of them, involve operator error.
Legally, the last clear chance doctrine often comes into play. Driver A might be on the wrong side of the roda, but Driver B still has a duty of reasonable care. That duty requires drivers to avoid accidents if possible. So, if Driver B had a reasonable opportunity to avoid the collision, Driver A is not legally responsible for damages.
Environmental and traffic conditions are often the determining factors. It’s very difficult to perform evasive maneuvers in the dark or when conditions are otherwise less than ideal. Additionally, these things sometimes happen so fast that the other driver has little or no time to react.
Damages Available
The aforementioned damages usually include compensation for economic losses, such as medical bills. In a serious injury crash, the hospital bill alone might be more than $100,000. This figure does not include subsequent medical care, like physical therapy. This number also does not include other economic losses, such as lost wages.
Most victims are also entitled to compensation for their noneconomic losses. This category includes things like:
Loss of enjoyment in life,
Pain and suffering,
Loss of consortium (companionship), and
Emotional distress.
To calculate the amount of noneconomic losses, a Fort Worth personal injury attorney often multiplies the economic losses by two, three, or four. The multiplier depends on the facts of the case and some other variables.
This calculation is usually a starting point for settlement negotiations. Most civil cases settle out of court. Like most other similar situations, these agreements usually involve some give and take.
No matter who got the ticket in a wrong-way crash, always have an attorney evaluate your claim. For a free consultation with an experienced personal injury attorney in Fort Worth, contact Herreth Law. Home and hospital visits are available.
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