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Does Domestic Violence Charges Affect Gun Ownership?

Yes domestic violence charges very much can affect gun possession and ownership. According to Federal and certain specific State Laws a “conviction” makes a big difference in the outcome. For Federal Law purposes a misdemeanor or felony domestic violence offense needs to be a conviction in order to prevent a person from possessing or owning a firearm.

For state law such as Texas, a completed misdemeanor or felony deferred adjudication probation will not prevent a person from possessing and owning a firearm under state or federal laws.

Domestic violence charges in certain states have court or protective orders, issued after arrest, instructing a person with guns to turn them over to law enforcement for a certain amount of time. The court order may be a temporary time period selected by the judge or the uncertain time period until the case is finally resolved.

The Gun Control Act of 1968

The importance of understanding this Gun Control Act of 1968 is what was going on at the time. Martin Luther King and Robert Kennedy had just been assassinated causing control activist to push for action. There was a popular need to more accountability and controlling who were allowed to get guns. Minors, drunk, mentally ill people, and convicted felons were being banned from gun possession.

The Lautenberg Amendment and Misdemeanor Domestic Violence

In the fall of 1996 a new amendment was introduced and passed almost unanimously. The Lautenberg Amendment amended the Gun Control Act of 1968 by including the ban of firearms by individual convicted of misdemeanor domestic violence. This includes receiving or possession firearms. This is the federal law on the matter and the determining factor describing that a misdemeanor domestic violence conviction makes a person ineligible to have a firearm.

What is the Texas Firearm Law and a Domestic Violence Conviction?

Texas has a law Unlawful Possession of a Firearm Tx Penal Code 46.04. This law allows a person convicted of a misdemeanor assault involving family violence to possess a firearm 5 years after the release from confinement or community supervision for a conviction.

This is not what the federal law says and does not protect someone from prosecution under the federal law discussed above. In these cases federal law often defers to the state to enforce their own law, but it is not a guarantee. Remember the Federal Law prohibits misdemeanor domestic violence convicts specifically from possessing or owning firearms.

Can I Own a Gun After Completing Deferred Adjudication Probation?

Yes. You can own a gun after successfully completing deferred adjudication probation. This probation, if completed successfully, is not a conviction. Title 18 U.S. Code § 922 specifies that a person convicted in any court of a misdemeanor crime of domestic violence shall not possess any firearm or ammunition.

Texas Concealed Carry and Domestic Violence

The law for attaining a Texas ‘License To Carry‘ (LTC) is different than for a person merely in possession or ownership of a firearm in Texas. Texas has changed what used to be a Concealed Handgun License (CHL). Texas now is an open carry state. A person must wait 10 years from the date an order of Deferred Adjudication was entered against the person. But depending on what the person was placed on deferred adjudication is a very important factor on qualification of a Texas LTC.

The following offenses disqualify a person from a License To Carry in Texas even if placed on Deferred Adjudication:

  • Homicide
  • Kidnapping
  • Trafficking a Person
  • Sexual Offenses
  • Assault Offenses (this includes Domestic Violence)
  • Robbery
  • Violation of Certain Conditions of Bond list in Tx Penal Code 25.07
  • Violation of Protective Order
  • Repeat Violation of Protective Order
  • Burglary of Habitation
  • Burglary of Habitation with Intent to Commit a Felony Other Than Felony Theft, or Committed a Felony Other Than Felony Theft
  • An offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense listed above.

A LTC application will be rejected if the applicant is “currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests.”?

Can I Get My Texas Gun Rights Restored?

Texans can apply to get their gun right restored by filling out a Restoration of Firearms Rights application. This application will not be accepted without a Governor’s Grant of a Full Pardon as well. This pardon application will need to be mailed to the Texas Board of Pardons and Paroles.

§143.12. Restoration of Firearm Rights
The board will consider recommending restoration of the right to receive, possess, bear, and transport in
commerce a firearm only in extreme and unusual circumstances which prevent the applicant from gaining a
livelihood, and only if the applicant:
(1) provides either proof of clearance by a previously granted full pardon or a request for such express
restoration in a pending application for a full pardon from jurisdiction(s) of the relevant conviction(s); and
(2) provides proof of application under the United States Code, Title 18, §925(c), for exemption, relief from
disabilities to the attorney general, and furnishes copies of all relevant applications and responses thereto
by the attorney general including any final actions by said attorney general.

A full pardon restores the right to vote, hold office and serve on a jury. It does not automatically restore the right to bear arms. Before possessing a firearm a person will want to check with the Federal Bureau of Tobacco and Firearms and the Texas Department of Public Safety.

A full pardon does not expunge a person’s criminal records for the incident. An expungement needs to be filed in a district court of the county of conviction.

I’m Married to a Felon, Do I have to Get Rid of My Guns?

This same scenario can apply to being married to a person convicted of domestic violence. The question revolves around who has possession of the firearms during the prohibited period. The felon or person with domestic violence on their record needs to protect themselves in a situation where they may be accused of illegal possession of a gun or guns. The safest and most obvious way would be to not have guns in the home. This may not be possible. Another option would be a gun safe where only the spouse or roommate has access into the safe and legal access to the guns.

This principle can apply to not only spouses but relatives staying in the home, roommates and tenants. A person who is legal to own gun can have them.

A gun owner needs to always be careful who has access to their guns regardless. A gun owner who is reckless and lets a dangerous or irresponsible person gain access to their guns can bring questions of liability or blame on themselves to answer for later.

What Do I Do With My Guns When a Protective Order is Issued Against Me?

Some jurisdictions will order a gun owner to surrender his or her guns to a nearby law enforcement agency to hold while a protective order is pending. The time period may vary. Once the gun owner wins the case or otherwise feels entitled to the possession of the guns a motion can be filed in the court that the protective order or domestic violence case is pending.

Do My Juvenile Records Prevent Me From Owning a Firearm?

Most likely juvenile records will not affect a person as an adult. The records become sealed. The exception to this would be if the juvenile had been certified to stand trial as an adult, was placed on a determinate sentence probation, committed to TJJD with a determinate sentence, or has a continuing obligation to register as a sex offender.

A juvenile’s records in most cases are sealed 2 years after discharge from probation or the last action of a case. Also, it may be at 19 years of age if never certified as an adult and no pending case or felony convictions in adult court.

Contact Eric Torberson by this page or take a look at our home page http://erictorberson.com for more information on us.

Is it Illegal to Commit Suicide?

It is not illegal to commit suicide depending on what country you are in. In the United States it is not illegal to commit suicide. In England and Wales the Suicide Act of 1961 decriminalized suicide. Northern Ireland drafted the same wording in 1966. In Scotland suicide was never a crime.

If you are having suicidal thoughts take a look at the below Amazon workbook before acting on those thoughts!

Where is Suicide Illegal?

Suicide is still illegal in some countries. For instance Nigeria has a law against suicide. They were under British rule and adopted British Laws prior to the Suicide Act of 1961. They have not changed the prior British law against suicide. The following 26 countries have laws against suicide-

  1. Gambia
  2. Ghana
  3. Kenya
  4. Malawi
  5. Myanmar
  6. Nigeria
  7. South Sudan
  8. Sudan
  9. Tanzania
  10. Uganda
  11. Bahamas
  12. Guyana
  13. Bangladesh
  14. Brunei
  15. Jordan
  16. Lebanon
  17. Malaysia
  18. Nepal
  19. Oman
  20. Pakistan
  21. Syria
  22. United Arab Emirates
  23. Yeman
  24. Cyprus
  25. Georgia
  26. Papa New Guinea

Laws against suicide largely stem from moral or religious obligations dictated by society. There are no religions that condone suicide. They commonly believe that human life belongs to God.

Islam and Suicide

Islam does not condone suicide despite the existence of many more muslim suicide bombers than other religions. Suicide is forbidden but some who suicide attack consider themselves on a martyrdom operation in order to testify faith to God. Muhammed warned muslims against suicide. Hadith warns against suicide and he shall face hell-fire

Narrated Abu Huraira: The Prophet (peace be upon him) said, “He who commits suicide by throttling shall keep on throttling himself in the Hell Fire (forever) and he who commits suicide by stabbing himself shall keep on stabbing himself in the Hell-Fire.”
Sahih Al-Bukhari – Book 23 Hadith 446

Is Assisted Suicide Illegal?

Assisted suicide is illegal in many areas. In the U.S. assisted suicide is legal in 10 jurisdictions-

  1. California
  2. Colorado
  3. District of Columbia
  4. Hawaii
  5. Montana
  6. Maine
  7. New Jersey
  8. Oregon
  9. Vermont
  10. Washington

Canada, Columbia, Netherlands and Switzerland allow medical assisted suicide. Other countries that apparently allow non assisted medically assisted suicide are as follows:

  • China
  • Belgium
  • Finland
  • Luxembourg

Assisted Suicide vs. Euthanasia

Assisted suicide involves usually terminally ill person who initiates the barbiturates to end their life . During medically assisted suicide (in Canada, Columbia, Netherlands and Switzerland), or euthanasia, another person (usually a doctor) administers the lethal dose.

What is an Example of a State Law Against Assisted Suicide?

Under Texas assisted suicide penal law, an actor who aids in suicide or aids in the attempted suicide is only liable for a class C ticket and $500 fine. But if the actor assisting causes the person to result in serious bodily injury that assistant is facing up to 2 years in a state jail facility. See my animal cruelty blog quoting the penal code definition of serious bodily injury.

In Ohio if convicted under Ohio assisted suicide law a person can go to prison for 5 years. This means or participating in a physical act by which a person commits or attempts to commit suicide is guilty of a felony in the third degree as follows:

§ Sec. 3795.04
(A) No person shall knowingly cause another person to commit or attempt to commit suicide by doing either of the following:
(1) Providing the physical means by which the other person commits or attempts to commit suicide;
(2) Participating in a physical act by which the other person commits or attempts to commit suicide.
(B) Whoever violates division (A) of this section is guilty of assisting suicide, a felony of the third degree.

What Countries Have the Highest Rate of Suicides?

The top five countries with suicide rates were as follows:

  1. Guyana (South America)
  2. Lesotho (Africa)
  3. Russia (Europe)
  4. Lithuania (Europe)
  5. Suriname (South America)
  6. Ivory Coast (Africa)
  7. Kazakhstan (Asia)
  8. Equatorial Guinea (Africa)
  9. Belaras (Europe)
  10. South Korea (Asia)

Most countries average 3 out of 4 suicides as being men.

The break down of ranking suicide numbers rater per 100,000 people by region is below:

  1. Europe
  2. Southeast Asia
  3. Global (The World)
  4. Western Pacific
  5. Americas
  6. Africa
  7. Eastern Mediterranean

Why Do People Commit Suicide?

Of course each person is different. There are major factors that have come into play with previous suicides such as high suicide risk factors as follows:

The main risk factors for suicide are:

  • A prior suicide attempt
  • Depression and other mental health disorders
  • Substance abuse disorder
  • Family history of a mental health or substance abuse disorder
  • Family history of suicide
  • Family violence, including physical or sexual abuse
  • Having guns or other firearms in the home
  • Being in prison or jail
  • Being exposed to others’ suicidal behavior, such as a family member, peer, or media figure
  • Medical illness
  • Being between the ages of 15 and 24 years or over age 60 

Suicide rates in the United States between 1999 and 2014 were 3 times higher for men. The suicide method of suffocation or hanging increased over the 15 year period. A study of suicides in Scientific American show 43 percent of suicides were because of genetic factors and 57 percent were attributed to environmental factors.

Warning Signs of Suicide

A major sign of suicidal thoughts is to talk about it or act out a suicidal method. Talking about hopelessness and increasing in drug or alcohol abuse are possible signs as well. Sometimes there are no signs at all predicting a suicide. For a person with suicidal thoughts there is a suicide hotline. The person has to take the step of seeking help.

For more information on our website take a look at http://erictorberson.com.

“In much of the world, suicide is stigmatized and condemned for religious or cultural reasons. In some countries, suicidal behaviour is a criminal offence punishable by law. Suicide is therefore often a secretive act surrounded by taboo, and may be unrecognized, misclassified or deliberately hidden in official records of death.”[3]— World Health Organization (2002)

If you are having thoughts of suicide seek assistance before acting. Below is an Amazon book that can help you process your situation before taking action.

Can You be a Teacher With a DUI or DWI?

Call for more information 888-234-5550

The Texas Education Agency (TEA) has a list of crimes that it considers directly related to an educators responsibility. The following lays out what type of DWI issue that will trigger possible discipline:

“Two or more crimes committed within a 12-month period that involve public intoxication, operating a motor vehicle while under the influence of alcohol or disorderly conduct.”

For discipline to take place there will need to be a conviction. Getting arrested for DWI is only an accusation until a final conviction takes place. Notice that 2 or more Public Intoxications apply as well. They are only Class C misdemeanors punishable by fine but are very important to keep off of a person’s record.

Conviction of a crime directly related to the duties and responsibilities of the education profession” 

This does not mean that a teacher cannot be fired. This discussion is focused on TEA discipline.

Can I Get My Teaching Certificate if I Have Criminal History?

The state auditors office applies the Texas Occupations Code with regard to licensing individuals with their particular certificates. The criteria is compiled in the auditors document applying for an occupational license after a conviction or deferred adjudication. Below is a partial discussion regarding what is considered when criminal history exists.

While there are a few, specific offenses or types of offense that
permanently disqualify a person from seeking a particular license,
the vast majority of licenses do not have such restrictions. In most
situations, the type or seriousness of the offense is just one factor
the licensing authority considers when deciding whether to issue
a license. Licenses might be issued despite serious and directly
related offenses if, for example, the licensing authority
determines that sufficient time has passed since the offense was
committed or other information or evidence has established that
issuing the license will not create an unacceptable risk to the
public.

The licensing authority will determine the basis for
eligibility/ineligibility by evaluating whether your
conviction(s) or deferred adjudication(s) directly relates to
the licensed occupation. Factors considered include:

  • The nature and seriousness of the crime.
  • The relationship of the crime to the purposes for requiring a license to engage in the occupation.
  • The extent to which a license might offer an opportunity
  • to engage in further criminal activity of the same type that you previously had been involved.
  • The relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities of the licensed occupation.
  • Any correlation between the elements of the crime and the duties and responsibilities of the licensed occupation.
  • If the licensing authority determines your conviction(s) or deferred adjudication(s) directly related to the licensed occupation, it will then consider:
  • The extent and nature of your past criminal activity.
  • Your age when the crime was committed.
  • The amount of time that has elapsed since your last criminal activity.
  • Your conduct and work activity before and after the
  • criminal activity.
  • Evidence of your rehabilitation or rehabilitative effort while incarcerated or after release.
  • Evidence of your compliance with any conditions of community supervision, parole, or mandatory supervision.
  • Other evidence of your fitness, including letters of recommendation.

Will a Felony DWI Keep Me From Being a Teacher?

Yes. According to Chapter 249. Disciplinary Proceedings, Sanctions, and Contested Cases Subchapter B. Enforcement Actions and Guidelines.

It is critical for a potential teacher to fight to keep a felony DWI conviction off their record.

What Discipline Can TEA Use Against an Educator?

The following disciplinary options are listed on the TEA website.

What disciplinary action can SBEC take?

SBEC may take the following action against an educator’s certificate:

  • Require a person to withdraw from an educator preparation program;
  • Place restrictions on the issuance, renewal, or holding of a certificate, either indefinitely or for a set term;
  • Issue a non-inscribed reprimand, which is a formal, unpublished censure that does not appear on the face of the educator’s official certification records;
  • Issue an inscribed reprimand, which is a formal, published censure that appears on the face of the educator’s official certification records;
  • Suspend a certificate for a set term or
  • Revoke or cancel, which includes accepting the surrender of a certificate without opportunity for reapplication for a set term or permanently.

The State Board for Educator Certification (SBEC) may take the following disciplinary actions against an educator’s certification:

  • Place restrictions on the issuance, renewal, or holding of a certificate, either indefinitely  or for a set term;
  • Issue an inscribed or non-inscribed reprimand;
  • Suspend a certificate for a set term or issue a probated suspension for a set term;
  • Revoke or cancel, which includes accepting the surrender of, a certificate without opportunity for reapplication for a set term or permanently; or
  • Impose any additional conditions or restrictions upon a certificate as deemed necessary by the SBEC.

How Do I Avoid A Suspended Teaching Certificate?

If this in Texas the first thing to do it seek a competent, experienced, and hardworking Texas DWI Defense Attorney. This also applies to any other state whether a DWI or DUI is the name of the charge. It is key to get an attorney who understands how to negotiate and analyze key issues in a DWI case. The attorney’s effort and skill are critical for educator’s future professional career.

The result of the case may be negotiated to a satisfactory result or may have to be taken to a jury trial to try and get an acquittal to save the teacher’s career.

What Agencies License Occupation Licenses in Texas?

  • Executive Council of Physical Therapy and Occupational
  • Therapy Examiners
  • Office of the Secretary of State
  • Texas Appraiser Licensing and Certification Board
  • Texas Behavioral Health Executive Council
  • Texas Board of Architectural Examiners
  • Texas Board of Chiropractic Examiners
  • Texas Board of Examiners of Psychologists
  • Texas Board of Nursing
  • Texas Board of Professional Engineers and Land Surveyors
  • Texas Board of Professional Geoscientists
  • Texas Commission on Environmental Quality
  • Texas Department of Agriculture
  • Texas Department of Banking
  • Texas Department of Insurance
  • Texas Department of Licensing and Regulation
  • Texas Department of Motor Vehicles
  • Texas Department of Public Safety
  • Texas Department of Savings and Mortgage Lending
  • Texas Department of State Health Services
  • Texas Education Agency – State Board for Educator
  • Certification
  • Texas Funeral Service Commission
  • Texas Health and Human Services Commission
  • Texas Lottery Commission
  • Texas Medical Board
  • Texas Office of Consumer Credit Commissioner
  • Texas Optometry Board
  • Texas Racing Commission
  • Texas Real Estate Commission
  • Texas State Board of Dental Examiners
  • Texas State Board of Examiners of Professional Counselors
  • Texas State Board of Pharmacy
  • Texas State Board of Plumbing Examiners
  • Texas State Board of Public Accountancy
  • Texas State Board of Veterinary Medical Examiners
  • Texas State Securities Board

For more information go to http://erictorberson.com

How can a domestic violence case be dismissed?

Enter your contact information to the right or call 888-234-5550 for help.

There are certainly ways to have a case against you dismissed. The case is only as good as the evidence gathered while investigating the accusation. Much of the evidence used in these cases is what the police gather almost immediately upon arrival. This includes 911 calls, photos, video, witness statements, medical treatment for injuries and most importantly what the victim says happened to her or him. This does not mean everything said to the police in the heat of the moment is true. Sometimes clarification is needed to supplement the investigation when people cool down later.

How are domestic violence cases handled in Texas?

The police are usually called via 911 by a victim or a neighbor. Most of the cases I handle involve a shouting match over something minor resulting in tempers flaring. A domestic violence issue can be between roommates, spouses, boyfriend-girlfriend or parent-child. Commonly there might be a shoving match and someone calls 911. The police arrive and separate the parties and gather information on what took place. They take photos in addition to what is recorded on a body camera that the police wear. There may be dash camera evidence including verbal statements. The police will usually arrest one of the people if there are injuries that resulted in pain. The arrested person can bond out in a day or two depending on whether a protective order is issued. The victim can request a P.O. which will require the alleged accused person to live somewhere else until the expiration of the P.O. of not less than 31 days.

Can you change your mind about pressing charges in Texas?

For the victim who wishes to change their mind about pressing charges, this is certainly an option. It does not meant that the prosecutors will automatically drop the case in court. Hearsay exceptions allow the victim’s statements immediately after an incident to be used as excited utterances in trial without the victim being required to testify.

A victim can have their wish to drop charges made known to the prosecutors office in the form of an affidavit of non-prosecution. They usually would fill out the particular Texas county prosecutors office form for this purpose at the prosecutor’s office in the county where the incident occurred.

How do I drop charges in TX?

As mentioned above the affidavit of non-prosecution is an avenue for the alleged victim to formally let the prosecution know the victim does not want to pursue charges against the accused. Once charges have formally been filed against a defendant the victim cannot do much to the stop the prosecution. Possibly there are more facts that need to be forwarded to the prosecution that may have been overlooked in the initial investigation. An experienced defense lawyer can help make this happen. Sometimes it involves a private investigator.

How long does an assault charge stay on your record in Texas?

An assault conviction stays on a person’s record forever. A conviction is a permanent resolution where a person pleads or is found guilty and gets either jail time or regular probation. This is the case whether it is a misdemeanor or a felony. It would at least be better to get deferred adjudication probation in order to avoid a conviction. A family violence conviction prevents someone from owning a firearm under federal law.

How long can you press charges after assault in Texas?

A victim can try and file charges up until the statute of limitations. This becomes a problem as more times goes by. A credible person would probably not wait a long time to press charges. This is not always true. But there will be questions about why it took so long to file assault charges if it really happened as the alleged victim claims. Misdemeanors have a 2 year statute of limitations. Felonies S.O.L. are longer starting at 3 years.

What are the domestic violence punishment ranges in Texas?

Texas has a class C assault which is assault by contact with no pain. The next level of assault is Class A misdemeanor. Subsequent assaults and more serious injuries or including weapons are usually felony level. For more information on punishment range in Texas take a look at this article, Texas punishment ranges.

Does the victim have to testify in a domestic violence case in Texas?

No witnesses can be forced to speak at trial. They can be subpoena’d and forced to attend. That usually does not happen. The prosecution has the ability to get hearsay exceptions into trial evidence that were given by the alleged victim at or near the time of the incident. It does help if the victim testifies. Most people would like to hear from a victim in order to decide if they believe the accusations.

Assault Family Violence in Texas

For more information refer to this article on assault family violence in Texas. For more general information take a look at our homepage, http://erictorberson.com. Our Georgetown criminal law office is in Georgetown, Tx. We handle several county courthouses in the region.

What is the Punishment for a Felony DWI in Texas 3rd?

When a person asks about the repercussions of a DWI in Texas 3rd offense, unfortunately, it means that they already have had previous DWI convictions beginning with a DWI 1st conviction. Then a DWI 2nd conviction. A 3rd DWI conviction can result in a prison sentence of up to 10 years and a $10,000 fine. 

DWI in Texas First Offense

A person really wants to avoid the first offense with a strong desire. Once a DWI first offense gets on a person’s record, it follows them around forever. It makes it very difficult to avoid subsequent DWI convictions if later drunk driving charges come up.

DWI in Texas 2nd Offense

Once charged with a 2nd DWI in Texas a person will need to bond out of jail. Typically the average bail amount for a 2nd DWI is $2,000 to $5,000 depending on the circumstances of the arrest. In Texas, it is mandatory to have an ignition interlock device on a person’s vehicle during the whole time while on bond for a 2nd or subsequent DWI charge.

Texas Bail Bondsman

The bail amount is fairly standardized in each county and will vary. An accident, among other factors, can affect the amount of bond and bond conditions. Once on bond, there will be requirements to complete which is a topic for another post. The court process will take some time to get started. The police will turn in their case to the prosecutor’s office, which is the district attorney or county attorney depending on which Texas county the arrest occurred in. The case will then need to be heard by a grand jury who will either true bill or no bill the case. A true bill means at least 9 of the grand jurors found the evidence sufficient for the charge to be indicted. Whichever court will have the case may have been already been requiring periodic appearances. But once the case is indicted court appearances will begin soon after.

Criminal Defense Lawyer

Hopefully, by now, the driver has hired a criminal defense lawyer. With DWI cases, there is a separate drivers license issue that needs attention from a skilled DWI attorney. But with that issue aside, the best drunk driving lawyers would have already been collecting evidence to begin setting up his or her case. There may be breath or blood test evidence that needs to be investigated as well as possibly an accident reconstruction investigation. The court appearances will be where most of the discussion and negotiating takes place between the defense lawyer and the prosecutor.

3rd DWI in Texas Probation

The punishment for a DWI 3rd can be up to 10 years probation or possibly prison time. A major factor during plea negotiations is whether the person has much criminal history on their record. More specifically, the number of previous DWI convictions and also how recent they are. If there are already non-DWI felony convictions on a person’s record, it can be a problem during negotiations as well. If the prosecutor refuses to offer probation and only a prison sentence, the other option is to have a judge or jury decide. This may require a jury trial or a bench trial in front of the judge.

Can a DWI Be Dismissed in Texas?

While working up the case and examining the evidence, the defense attorney may discover problems with the evidence. There is critical evidence that needs to be proven by the state. The first important factor would be whether the person is the driver and whether they were actually operating the vehicle while intoxicated. Other important issues are whether the breath or blood test concludes intoxication. Just because there is a breath or blood test, does not mean it was conducted properly and should be trusted.

Reckless Driving Texas

The next best thing to winning a DWI case in trial or getting is dismissed is getting a DWI reduced to another charge such as reckless driving. Reckless driving is a misdemeanor and has far less negative implications than a DWI conviction. In order to get this charge, the DWI case needs to be dismissed and refiled as a reckless driving charge in court. It takes a diligent and knowledgeable DWI attorney to study the evidence in order to negotiate a reduction in the case.

DWI in Texas 2nd Offense

Another factor in negotiations is to try and reduce the case to a level where it is not a felony conviction. This is a comprise where the driver avoids a felony and the state still gets a conviction for future use if another DWI case should take place. A felony can be very detrimental for certain jobs and employment licensing.

Blood Alcohol Level in Texas

Another factor in negotiations is the blood alcohol level of the driver. If a breath or blood test was done, it will usually produce a test result with the alcohol level at the time of the test. The state will then make some assumptions about what the test was at the time of driving based on observations, time passed, and questions answered by the driver to the police. In Texas, the legal limit is .08 at the time of driving. An extremely high blood alcohol test can complicate plea negotiations for the best possible outcome for the driver.  There is another way to prove the case without an amount based on loss of mental or physical faculties. This route is a much more vague way to prove the case of intoxication.  There are many non-intoxicating factors that can cause a person to appear intoxicated when they are not.

How Much Does a DWI Cost in Texas?

Each lawyer has their own fee that they think is a fair charge for their services. But the cost for a felony DWI will run several thousand dollars in most cases beginning with a bondsman charging 10 percent. There will usually be other bond condition fees such as the ignition interlock device cost. This is a mandatory bond condition in Texas starting with a DWI 2nd offense charge. The monthly bond supervision fee can be around $60 per month paid usually to the probation department. Once the case is over, there will be court cost and fines. These fees will not apply if the case is dismissed or there was an acquittal by a judge or jury. But if there is an agreement in court or a verdict, the court costs can be as much as $500 and a 3rd-degree felony fine up to $10,000. The dollar amount of a DWI can really vary in range.

Texas Street Racing

Attorney Eric Torberson

Racing on Highway is a crime defined in the Texas Transportation Code Chapter 545.420. It has the potential of serious punishment including jail time and fines. This means under specific circumstances a person could go to jail for 20 years and have a $10,000 fine for this offense.

What is Texas Street Racing?

A person participates in:

  • A race
  • A vehicle speed competition or contest
  • A drag race or acceleration contest
  • A test of physical endurance of the operator of a vehicle, or
  • In connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record

What Happens if You Get Caught Street Racing?

A first offense is a Class B misdemeanor with up to 6 months in jail and up to a $2,000 fine. Probation up to 2 years is also a possibility.

It is a Class A misdemeanor with up to a year in jail and $4,000 fine if:

  • Previously convicted 1 time of the same offense, or
  • At the time of the offense was operating the vehicle while intoxicated as defined in Texas Penal Code Ch. 49.01, or
  • At the time of the offense was in possession of an open container as defined by Texas Penal Code Ch. 49.031

It is a state jail felony with a range from 180 days to 2 years in jail and up to a $10,000 fine or up to 5 years probation if:

  • Previously convicted 2 times of the same offense

Its is a 3rd degree felony with punishment from 2 to 10 years and up to a $10,000 fine or up to 10 years probation if:

  • An individual suffered bodily injury

It is a 2d degree felony punishable from 2 to 20 years and up to a $10,000 fine or up to 10 years probation if:

  • An individual suffered serious bodily injury

See Texas Punishment page for more information.

Racing on Highway What Happens to my License?

When a driver is conviction of Racing on Highway in Texas, the Texas Transportation Code Chapter 521.350 determines that a driver’s license will be suspended for 1 year.

The person is eligible to receive an occupational license. If a person younger than 18 receives an occupation license, it is only authorized to be used for driving to school and home.

A person shall perform 10 hours of community service, which is required by the Texas Transportation Code. This is in addition to community service that is ordered under the court’s community supervision sentence. If the person is a resident of Texas without a license, the person will not be permitted to obtain a Texas driver’s license until the 10 hours of community service is completed.

A driver can complete the 10 hours of community service before the suspension period is up and apply for an early license reinstatement with the department.

What Happens if I Get Caught Driving During Suspension Period?

A person convicted of Driving While License Invalid under Ch 521.457 of the Texas Transportation Code, for driving during a license suspension for Racing on Highway, will have a 1 year license suspension from the conviction date of the DWLI. This is in addition to penalties related to the DWLI punishment. The department will not allow the driver to reinstate the driver’s license early.

What is the Drag Racing?

The Transportation Code 545.420 defines Drag Racing as:

A) two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or

(B) one or more vehicles over a common selected course, from the same place to the same place, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles in a specified distance or time.

What is Racing?

Race is defined the use of 1 or more vehicles in an attempt to:

(A) outgain or outdistance another vehicle or prevent another vehicle from passing;

(B) arrive at a given destination ahead of another vehicle or vehicles; or

(C) test the physical stamina or endurance of an operator over a long-distance driving route.

Can My Car Be Seized?

Yes. If there is an accident with property damage or personal injury, a peace officer shall require the vehicle taken to the nearest licensed vehicle storage facility. That is unless it is seized as evidence, in which case it can be taken to the officer’s designated storage facility. The driver is liable for all removal and storage facility fees to the facility before retrieving the vehicle.

Why Should I Hire Attorney Eric Torberson?

This criminal offense has serious consequences and to the prosecutors, presents a real danger to society. It is important to get an attorney who really cares about their clients. I handle every one of my cases with care and importance. It is extremely important to avoid a conviction for Racing on Highway. Call me or visit my website as soon as possible so I can get started. http://erictorberson.com

Interfering With Emergency Call

Usually this is an accusation is associated with other charges such as a Texas domestic violence charge known as assault family violence. It is known as Interference with a 911 call or Emergency Call for Assistance. Sec. 42.062. INTERFERENCE WITH EMERGENCY REQUEST FOR ASSISTANCE

What Happens When You Interfere With an Emergency Call?

Our experience is is that in the heat of the moment and tempers are high a real or not so real need to call 911 arises. The non-calling person knows that this will cause the police to be called to the house or current location. Sometimes a person grabs the phone away from the caller and hides it. Sometimes the phone is damaged by being thrown on the floor or against the wall. Like most statutes, emergency is defined as “a condition or circumstance in which any individual is or is reasonably believed by the individual making a call or requesting assistance to be in fear of imminent assault or in which property is or is reasonably believed by the individual making the call or requesting assistance to be in imminent danger of damage or destruction.” It’s considered an offense if the “individual recklessly renders unusable an electronic communications device.” So it does not necessarily have to be a phone. 


Is Interfering With a 911 Call a Felony in Texas?

The short answer is no. It will be a Class A Misdemeanor -Texas unless a person has been previously convicted of interfering with an emergency call.

Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:(1) a fine not to exceed $4,000;(2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement.

Has There Been a Prior Conviction for Interfering with Emergency Call?

If so,  the next accusation becomes a state jail felony charge.  

Interference With Emergency Request for Assistance Texas Now What?

The cases are not alway cut and dried. Seeking experienced legal counsel is the first and most important action to take. Call or contact http://erictorberson.com for excellent legal advice. When issues settle down and the smoke clears, often there is a clear road to a resolution that will save a person’s future. 

How Do Stop Someone From Needlessly Calling 911?

The short answer is that you do not if you don’t want to go to jail. Beating the case later in court is a different story. For instance if the caller is hypothetically hallucinating on drugs and thinks you are attacking him or her and you are not, then it would not be a reasonable belief by the individual that they need emergency help. That really will not save a person from going to jail for the night in a lot of cases, unless the officers are experienced and patient in their investigation. They may even need to have dealt with this household or person in the past to know of the unreasonable beliefs. 

Does It Help That I’m Still With My Spouse or Significant Other After Interference with Emergency Communication?

Yes. The alleged victims stance on the matter is important going forward. The case will most likely be set in court for a while and the current relationship can help the case turn out in a more positive manner. The charge of interference with emergency telephone call is not the end of the world and can be work out for the accused. 

Giddings Texas DWI Lawyer

Introduction

When it comes to navigating the complex legal landscape surrounding Driving While Intoxicated (DWI) cases in Giddings, Texas, you need a legal ally who understands the intricacies of the law and can fiercely advocate for your rights. Attorney Eric Torberson, a seasoned DWI lawyer, is committed to providing unparalleled legal support, ensuring that you have the best possible defense in your corner.

Understanding Giddings DWI Laws

Giddings DWI Legal Framework

Giddings, Texas, operates under specific DWI laws designed to maintain public safety. Understanding the legal framework is crucial for building a solid defense. Eric, being an experienced DWI attorney, is well-versed in the nuances of these laws, ensuring that he can craft a defense tailored to your unique situation.

Consequences of a DWI Conviction

A DWI conviction in Giddings can have severe consequences, including hefty fines, license suspension, and even jail time. A Giddings DWI lawyer is dedicated to mitigating these consequences, leveraging their expertise to explore every legal avenue and secure the best possible outcome for our clients.

Why Choose Us?

Proven Track Record

Eric Torbeson’s track record speaks for itself. We have successfully represented numerous clients facing DWI charges in Lee County, Texas earning a reputation for excellence in the legal community. His results-driven approach and commitment to our clients set us apart as the go-to choice for those in need of a skilled DWI defense lawyer.

Expert Legal Team

Our legal team comprises seasoned professionals with a deep understanding of Giddings DWI laws. We combine legal expertise with a strategic mindset, ensuring that we leave no stone unturned in building a robust defense. When you choose us, you’re choosing a team that is dedicated to protecting your rights and securing your future.

The Legal Process

Arrest and Booking

The legal process following a DWI arrest can be overwhelming. From the initial arrest and booking to court appearances, our team is with you every step of the way. We meticulously review the circumstances of your arrest, looking for any procedural errors or constitutional violations that could strengthen your defense.

DMV Hearing

Navigating the Department of Motor Vehicles (DMV) hearing is a critical aspect of a DWI case. Our Giddings DWI attorney is well-versed in drivers license procedures, using his knowledge to challenge license suspensions and fight for your driving privileges.

Court Proceedings

Eric’s courtroom prowess is unmatched. We approach court proceedings with a strategic mindset, presenting compelling arguments and leveraging our knowledge of Giddings DWI laws to build a compelling defense. Whether negotiating a plea deal or taking your case to trial, we are relentless in our pursuit of justice.

Client Testimonials

Satisfied Clients Speak

“Choosing this legal team was the best decision I made during a challenging time in my life. His dedication, expertise, and unwavering support made all the difference in securing a favorable outcome for my DWI case.” – John M.

“I cannot express my gratitude enough for the exceptional legal representation I received. The team’s attention to detail and commitment to my case were evident from day one. Highly recommended!” – Sarah T.

Contact Us Today

If you find yourself facing DWI charges in Giddings, Texas, don’t leave your future to chance. Eric’s knowledge as a DWI lawyer makes him ready to stand by your side, providing the legal guidance and advocacy you need. Contact us today for a confidential consultation and take the first step towards securing your rights and your future. Take a look at Giddings Texas Defense Attorney

Your Trusted Georgetown Criminal Defense Attorney

In the realm of legal challenges, finding a reliable Georgetown Criminal Defense Attorney can make all the difference. With Attorney Eric Torberson, we understand the complexities and nuances of criminal defense law, providing unwavering support to ensure your rights are protected. Dive into this comprehensive guide to discover why our services stand out in Georgetown.

The Legal Landscape in Georgetown

Georgetown, a city steeped in history, demands a legal presence that not only understands its unique legal landscape but also excels within it. When facing criminal charges, the choice of legal representation becomes paramount. Attorney Eric Torberson brings a deep understanding of local regulations and a proven track record of navigating the intricacies of the Georgetown legal system.

Unraveling Our Expertise

Proven Track Record

Choosing a criminal defense attorney is a pivotal decision. Our team, led by seasoned professionals with a history of successful cases, stands ready to defend your rights. We pride ourselves on the numerous victories we’ve secured for our clients, establishing a reputation that speaks for itself.

Personalized Approach

With Attorney Eric Torberson, we recognize that each case is unique. Our approach involves a meticulous examination of the details surrounding your charges. This personalized strategy ensures that no stone is left unturned, bolstering our ability to craft a robust defense tailored to your specific situation.

Navigating Criminal Charges

Understanding Your Rights

When facing criminal charges, understanding your rights is crucial. Our team of legal experts excels in enlightening clients about their rights, ensuring they are well-informed and empowered throughout the legal process. Knowledge is power, and we equip our clients with the tools needed to make informed decisions.

Comprehensive Legal Representation

From minor infractions to serious felonies, Attorney Eric Torberson offers comprehensive legal representation across a spectrum of criminal charges. Our attorneys are adept at handling cases ranging from DUI offenses to white-collar crimes, providing a well-rounded service that addresses diverse legal needs.

Why Choose Attorney Eric Torberson?

Local Insight, Global Excellence

While local expertise is paramount, our commitment to excellence extends beyond Georgetown. Attorney Eric Torberson is not just a legal entity; it is a cornerstone of the community. Our attorneys are deeply rooted in Georgetown, understanding the local pulse while embracing global legal standards.

Client-Centric Approach

Our clients are at the heart of everything we do. From the initial consultation to the resolution of your case, we prioritize clear communication and client satisfaction. Attorney Eric Torberson stands as a beacon of client-centric legal services, ensuring you feel supported at every step of your legal journey.

The Road to Legal Triumph Starts Here

Contact Us Today

When faced with legal challenges, securing a skilled Georgetown Criminal Defense Attorney is your first step towards a favorable outcome. Contact Attorney Eric Torberson today for a consultation, and let us guide you through the complexities of the legal system with unwavering commitment and expertise.

In the pursuit of justice, choose Attorney Eric Torberson as your trusted ally. Your rights, our responsibility.


If you want to read more information about see Williamson County Defense Lawyer

Texas Criminal Defense Attorney Eric Torberson

888-234-5550

Legal challenges can cast a shadow over anyone’s life, and when it comes to navigating the complexities of the legal system in Giddings, Texas, having seasoned criminal defense attorney Eric Torberson by your side is not just an option; it’s a necessity. In this article, we delve into the unparalleled legal expertise offered by the Giddings, Texas Criminal Defense Attorney, highlighting the key facets that set us apart in providing top-notch legal representation.

Unmatched Experience in Giddings Jurisprudence

Our team boasts a wealth of experience in Giddings and the surrounding areas, with an in-depth understanding of the local legal landscape. Navigating through the intricate web of Giddings’ legal system requires more than just legal knowledge; it demands an intimate familiarity with the local nuances that can significantly impact the outcome of a case.

Expertise in Diverse Criminal Defense Areas

Drug Offenses

When facing drug-related charges, having an attorney who is well-versed in the ever-evolving landscape of drug laws is crucial. Our Giddings-based legal team specializes in defending clients against drug offenses, leveraging a nuanced understanding of both state and federal regulations.

Assault and Violent Crimes

In cases involving assault and violent crimes, our defense strategies are tailored to the unique circumstances of each case. We understand the importance of a swift and strategic defense to protect the rights and interests of our clients.

DWI and Traffic Offenses

Navigating the legal repercussions of DWI and traffic offenses can be daunting, but with our Giddings Criminal Defense Attorney, you gain access to a team that excels in crafting effective defenses to mitigate the impact of these charges.

Client-Centric Approach

At the heart of our practice is a commitment to putting our clients first. We recognize the stress and uncertainty that legal matters bring, and our team strives to provide not just legal representation but also emotional support throughout the legal process.

Tailored Legal Strategies

Understanding that no two cases are identical, we adopt a personalized approach to legal representation. Our Giddings Criminal Defense Attorney carefully assesses the specifics of each case, tailoring our strategies to achieve the best possible outcome for our clients.

Transparency and Communication

In the legal realm, communication is paramount. We pride ourselves on maintaining open lines of communication with our clients, ensuring they are well-informed about the progress of their case. Our commitment to transparency builds trust and empowers our clients to make informed decisions.

Success Stories That Speak Volumes

Our track record of successful case outcomes stands as a testament to our unwavering commitment to excellence. We have successfully defended numerous clients in Giddings against a spectrum of criminal charges, earning a reputation for being formidable advocates in the courtroom.

Navigating the Legal Landscape with Confidence

Legal challenges can be overwhelming, but with the Giddings, Texas Criminal Defense Attorney at your side, you can face them with confidence. Our comprehensive legal expertise, client-centric approach, and proven track record position us as the go-to legal team in Giddings and beyond.

If you find yourself in need of unparalleled legal representation, don’t settle for anything less than the best. Contact Giddings, Texas Criminal Defense Attorney Eric Torberson, and let us navigate the legal landscape for you.


If you want to read more information onour Website just visit –> Giddings Texas Defense Attorney

Legal Success in Bastrop County Texas

Elevate Your Legal Experience with Bastrop County’s Premier Attorneys

In the realm of legal representation, precision and expertise are paramount. Welcome to the pinnacle of legal services in Bastrop County, where our seasoned attorneys with Attorney Eric Torberson stand as the beacon of unrivaled legal proficiency. As you embark on your quest for legal support, allow us to guide you through a comprehensive exploration of our firm’s offerings.

Unmatched Expertise in Bastrop County Law

Bastrop County Attorney Overview

Navigating the intricacies of legal matters in Bastrop County requires more than just legal knowledge; it demands a profound understanding of the local legal landscape. With Attorney Eric Torberson, we take pride in our team of seasoned attorneys who have not only mastered the intricacies of Bastrop County law but have also etched their names as leaders in the legal fraternity.

Our Commitment to Client Success

Tailored Legal Solutions for Every Client

We recognize that each legal case is unique, and our commitment to your success drives us to provide tailored solutions that align with your specific needs. Our attorneys delve deep into the details of your case, leaving no stone unturned to craft a robust legal strategy designed for success.

Transparent Communication

Communication is the cornerstone of a successful attorney-client relationship. With Attorney Eric Torberson, we uphold transparency as a core value. Our clients are kept informed at every stage of their legal journey, ensuring clarity and confidence in our representation.

Key Legal Services We Offer

Criminal Defense

Defending Your Rights, Upholding Justice

Bastrop County residents facing criminal charges need a legal ally they can trust. Our criminal defense team boasts a track record of success, navigating the complexities of the legal system to secure favorable outcomes for our clients.

Family Law

Compassionate Guidance Through Family Matters

Family legal issues require a delicate touch. Our family law attorneys bring not only legal acumen but also empathy to guide you through challenging family matters, ensuring your rights and interests are safeguarded.

Personal Injury

Advocates for the Injured

When accidents happen, securing fair compensation becomes paramount. Our personal injury attorneys leverage their expertise to pursue justice for those who have suffered injuries due to negligence, advocating for maximum compensation.

Your Legal Journey Starts Here

Embark on your legal journey with confidence, knowing Attorney Eric Torberson is your steadfast ally. We invite you to connect with our seasoned attorneys, committed to delivering unparalleled legal representation in Bastrop County. Contact us today to schedule your initial consultation and experience the difference of top-tier legal expertise. See our Bastrop lawyer page for more criminal defense information.

Trusted Bastrop Criminal Attorney

Introduction

In the heart of Bastrop, Texas, legal challenges demand adept and reliable representation. With Attorney Eric Torberson, we stand as your unwavering partner, offering unparalleled legal expertise to navigate the complex landscape of criminal law. Our seasoned Bastrop criminal attorneys are dedicated to safeguarding your rights, providing you with a robust defense, and ensuring a fair and just legal process.

Understanding Bastrop Criminal Law

Navigating the Legal Maze

Bastrop’s legal system can be intricate, demanding a legal team that comprehends the nuances of local statutes. Our attorneys boast an in-depth understanding of Bastrop’s legal landscape, providing you with a strategic advantage in the face of criminal charges.

Comprehensive Legal Services

From misdemeanor offenses to felony charges, we are equipped to handle a broad spectrum of cases. Our legal prowess extends to areas such as:

  • Assault and Battery: Defending your rights in cases of physical altercations.
  • Drug Offenses: Crafting a robust defense against drug-related charges.
  • Theft Crimes: Protecting your interests in cases of alleged property crimes.
  • DWI Defense: Navigating the complexities of driving while intoxicated charges.

Unparalleled Legal Expertise

Seasoned Legal Professionals

With Attorney Eric Torberson, we take pride in our team of seasoned Bastrop criminal attorneys. Our legal professionals bring years of experience to the table, ensuring that your case is handled with the utmost expertise and diligence.

Client-Centric Approach

Our commitment to our clients is unwavering. We prioritize transparent communication, keeping you informed at every stage of your legal journey. Your concerns are our concerns, and your victory is our priority.

Legal Strategies Tailored to Your Case

Personalized Defense

No two cases are alike, and we understand the importance of tailoring our legal strategies to your unique situation. Our attorneys meticulously analyze the details of your case, identifying strengths and weaknesses to construct a defense that maximizes your chances of success.

Strategic Litigation

We believe in proactive legal strategies. Our team employs a strategic approach to litigation, anticipating the moves of opposing counsel and positioning your case for success.

Your Path to Legal Victory

Consultation and Action

Embarking on your legal journey begins with a consultation. Reach out to our office, and our legal team will assess your case, providing you with clear insights into your options and potential outcomes.

Conclusion

In the realm of criminal law, securing a steadfast and experienced legal ally is paramount. With Attorney Eric Torberson, our Bastrop criminal attorneys are dedicated to championing your rights, providing you with a defense that transcends expectations. Trust us to be your advocates, guiding you towards legal victory in the heart of Texas. Visit our Bastrop attorney page for more information.

Georgetown Criminal Attorney

Introduction

In the intricate realm of criminal law, securing the right legal representation is paramount. As a Georgetown Criminal Attorney, Eric Torberson is not just a legal practitioner; he is an unwavering advocate in navigating the complexities of the justice system.

Understanding Criminal Defense

Crafting a Defense Strategy

When confronted with criminal charges, every detail matters. Our seasoned team of attorneys meticulously analyzes the specifics of each case to build a defense strategy tailored to your unique circumstances. From scrutinizing evidence to challenging legal procedures, we leave no stone unturned in safeguarding your rights.

Navigating Legality

The legal landscape can be daunting, especially for those unfamiliar with its nuances. This experienced attorney guides you through the intricate maze of criminal proceedings, ensuring you are well-informed at every step. From arraignment to trial, we stand by your side, offering insightful counsel and unwavering support.

Areas of Expertise

Drug Offenses

In the ever-evolving landscape of drug-related laws, our attorneys boast a proven track record in defending against a spectrum of drug offenses. Whether it’s possession, distribution, or trafficking charges, he employs a comprehensive approach to secure the best possible outcome for our clients.

DUI and DWI Defense

Driving under the influence charges demand swift and strategic action. Our DUI/DWI defense team combines legal acumen with an in-depth understanding of forensic science, challenging every aspect of the prosecution’s case to protect your driving privileges and reputation.

Client Success Stories

Case Dismissals

Our commitment to excellence is reflected in the numerous cases we’ve successfully had dismissed. Through meticulous examination of evidence and leveraging legal precedents, he consistently achieves favorable outcomes for his clients.

Reduced Sentences

In instances where charges cannot be entirely dismissed, our negotiation skills come to the forefront. He has a proven track record of securing reduced sentences, ensuring that our clients face the least possible impact on their lives.

Unparalleled Legal Representation

Proactive Legal Advocacy

As a Georgetown Criminal Attorney, Eric believes in proactive legal advocacy. He will not merely react to legal challenges; they anticipate them. This foresight allows us to build robust cases that stand up to scrutiny and position our clients for success.

Caring for the Client

Understanding the stress that legal proceedings can bring, we prioritize a client-centric approach. Regular communication, transparent processes, and personalized attention ensure that our clients are not just cases; they are individuals facing a challenging situation.

Conclusion

Georgetown Criminal Attorney Eric Torberson is not just a legal service; he has a commitment to excellence in criminal defense. When facing legal challenges, trust in our expertise to navigate the complexities and secure the best possible outcome for your case. Visit our Georgetown webpage for more information.

Choosing the Best Georgetown Assault Defense Lawyer

When legal storms brew, and assault charges cast shadows over your life, securing the right legal representation becomes paramount. In the heart of Georgetown, Texas, a skilled assault defense lawyer can be your beacon of hope. Let’s explore the essential qualities to seek in your defender.

Unveiling the Role of a Georgetown Assault Defense Lawyer

An adept Georgetown assault defense lawyer specializes in navigating the complexities of assault cases. From misdemeanor altercations to more severe charges, their expertise becomes your shield against the legal repercussions that loom.

Understanding Assault Charges

Assault charges can vary in severity, and a proficient defense lawyer comprehends the nuances of each charge. Whether facing simple assault, aggravated assault, or domestic violence charges, they tailor their defense strategy to the specifics of your case.

Crafting a Robust Defense

The hallmark of an exceptional Georgetown assault defense lawyer lies in their ability to construct a robust defense. This involves scrutinizing evidence, questioning witnesses, and strategically presenting arguments to dismantle the prosecution’s case.

Essential Qualities to Seek

Expertise in Assault Law

Your chosen defense lawyer should be well-versed in assault law, possessing a deep understanding of both state and local regulations. This expertise allows them to navigate the intricacies of assault charges with precision.

Proven Success in Assault Cases

Experience is a key indicator of competence. Look for a Georgetown assault defense lawyer with a proven track record of successfully defending clients against a spectrum of assault charges. Past victories demonstrate their ability to secure favorable outcomes.

Client-Centered Approach

Facing assault charges can be emotionally taxing, and a compassionate defense lawyer is attuned to this reality. Seek a professional who prioritizes open communication, listens to your concerns, and tailors their approach to your unique situation.

The Georgetown Advantage

Local Insight and Legal Nuances

A Georgetown assault defense lawyer brings invaluable local insight. They understand the nuances of the legal landscape in Georgetown, ensuring that your defense strategy aligns seamlessly with local practices.

Personalized Attention

Choosing a local defender means personalized attention. Your case isn’t just another file – it’s a unique situation that deserves tailored strategies. A Georgetown assault defense lawyer provides the individualized focus necessary for a comprehensive defense.

Vigorous Defense Strategies

From negotiations to courtroom battles, a top-tier assault defense lawyer in Georgetown employs vigorous defense strategies. Whether aiming for reduced charges, case dismissal, or acquittal, they tirelessly pursue the best possible outcome.

Your Defense Starts Here

In conclusion, when assault charges threaten to disrupt your life, securing the services of a Georgetown assault defense lawyer is a proactive step toward safeguarding your rights. With their expertise, you can face legal challenges with confidence, knowing you have a dedicated defender by your side. For more information take a look at our Georgetown lawyer webpage.

Georgetown Texas Criminal Defense Lawyer

In the realm of legal challenges, your choice of a criminal defense lawyer can be the linchpin between freedom and adversity. In Georgetown, Texas, where legal complexities abound, finding a proficient criminal defense lawyer is paramount. Let’s delve into the key considerations to ensure you secure the best defense.

The Role of a Georgetown Texas Criminal Defense Lawyer

A Georgetown Texas criminal defense lawyer is your advocate in the face of criminal charges. From minor infractions to serious felonies, their expertise encompasses a broad spectrum of legal challenges.

Navigating the Legal Landscape

The intricacies of criminal law demand a seasoned guide. A proficient Georgetown Texas criminal defense lawyer possesses an in-depth understanding of local statutes and regulations, allowing them to navigate the legal landscape with precision.

Tailoring Defense Strategies

Each criminal case is unique, and a skilled defense lawyer tailors strategies to the specific circumstances of your situation. This involves scrutinizing evidence, challenging legal procedures, and crafting a defense that stands resilient against prosecution.

Essential Criteria in Your Selection

Expertise in Criminal Law

Your chosen defense lawyer should be a master of criminal law, well-versed in both state and local regulations. This expertise ensures they can dissect the intricacies of your case and formulate a defense that exploits every legal avenue.

Proven Track Record

Experience is the litmus test of competence. Seek a Georgetown Texas criminal defense lawyer with a proven track record of successfully defending clients. Past victories serve as a testament to their ability to secure favorable outcomes in diverse legal scenarios.

Client-Centric Focus

Legal battles are emotionally taxing, and a compassionate defense lawyer understands the human side of the law. Look for a professional who prioritizes open communication, listens to your concerns, and approaches your case with empathy.

The Georgetown Advantage

Local Insight and Legal Nuances

A Georgetown Texas criminal defense lawyer brings invaluable local insight. They understand the nuances of the legal landscape in Georgetown, ensuring that your defense strategy aligns seamlessly with local practices.

Personalized Attention

Choosing a local defender means personalized attention. Your case isn’t just another file – it’s a unique situation that deserves tailored strategies. A Georgetown Texas criminal defense lawyer provides the individualized focus necessary for a comprehensive defense.

Vigorous Defense Strategies

From negotiations to courtroom battles, a top-tier criminal defense lawyer in Georgetown employs vigorous defense strategies. Whether aiming for reduced charges, case dismissal, or acquittal, they tirelessly pursue the best possible outcome.

Your Legal Guardian in Georgetown, Texas

In conclusion, when facing criminal charges in Georgetown, Texas, securing the services of a skilled criminal defense lawyer is not just a legal choice; it’s a strategic move to safeguard your freedom. With their expertise, you can navigate the complexities of the legal system with confidence, knowing you have a dedicated defender fighting for your rights. For more information take a look at our Georgetown webpage.

The Best Georgetown Texas Defense Lawyer

In the realm of legal challenges, finding a reliable Georgetown Texas defense lawyer is your first line of defense. Navigating the intricacies of the legal system requires expertise, and having a seasoned professional by your side can make all the difference. Let’s delve into the key aspects that set apart an exceptional defense lawyer in Georgetown.

The Essence of a Georgetown Texas Defense Lawyer

When legal troubles loom, your choice of a defense lawyer becomes paramount. A Georgetown Texas defense lawyer specializes in protecting individuals facing criminal charges, ensuring a robust defense strategy tailored to the unique aspects of each case.

Unraveling the Legal Labyrinth

Legal proceedings can be intricate, and a proficient defense lawyer acts as your guide through the labyrinth. From understanding the charges against you to dissecting the nuances of the law, their expertise becomes your beacon of clarity in times of uncertainty.

Building a Strategic Defense

A standout Georgetown Texas defense lawyer goes beyond surface-level representation. They meticulously craft a defense strategy, leveraging their knowledge to challenge evidence, question witnesses, and present compelling arguments in your favor.

The Traits that Define Excellence

In your quest for the best defense lawyer, certain qualities set the exceptional apart from the rest.

Expertise in Criminal Law

A Georgetown Texas defense lawyer should be well-versed in criminal law, possessing a deep understanding of the local legal landscape. This expertise empowers them to navigate the complexities of the Texas legal system with finesse.

Proven Track Record

Experience speaks volumes in the legal arena. Seek a defense lawyer with a proven track record of successfully defending clients against a spectrum of charges. Past victories are indicative of their ability to navigate diverse legal challenges effectively.

Client-Centric Approach

The best defense lawyers prioritize their clients. They listen attentively, empathize with the challenges faced, and tailor their approach to meet the unique needs of each case. Your case isn’t just another file – it’s a priority.

Why Choose a Georgetown Texas Defense Lawyer?

Local Insight Matters

Navigating the Texas legal system requires a nuanced understanding of local practices and procedures. A Georgetown Texas defense lawyer brings this local insight, ensuring your defense strategy aligns seamlessly with regional nuances.

Personalized Attention in Every Case

Unlike larger firms, a Georgetown Texas defense lawyer offers personalized attention. You’re not just another case number; you’re an individual with a unique situation. This personalized approach can make a significant impact on the outcome of your case.

Strategic Defense, Every Time

From misdemeanor charges to complex felony cases, a top-tier defense lawyer crafts a strategic defense plan tailored to your specific situation. This proactive approach maximizes your chances of a favorable outcome.

In Conclusion: Your Legal Guardian in Georgetown

In the realm of legal challenges, securing the services of a Georgetown Texas defense lawyer is a proactive step toward safeguarding your rights and securing a brighter legal future. When legal troubles arise, don’t navigate the complexities alone – enlist the expertise of a seasoned defense lawyer to stand by your side. Visit our Georgetown webpage for more information-

Should I get a lawyer for a traffic ticket in Texas?

(888)234-5550

Traffic tickets can be annoying as we all know. Do not ignore them. I frequently get calls about people unable to renew their driver license because of traffic tickets. You want to keep them off of your record. A conviction stays on your record forever. Some courts will look for other tickets on your record and make worse offers to resolve subsequent tickets. Call for more details.

Texas Traffic Tickets

Types of traffic tickets in Texas

  • Speeding
  • Expired Registration
  • Failure to control speed
  • Following to closely
  • Running red light
  • Fail to signal
  • DUI
  • No headlights
  • No driver license
  • Many more

How do I get out of a traffic ticket in Texas?

Getting out of a traffic ticket in Texas can happen a few ways. For more information take a look at http://erictorberson.com/how-can-i-get-out-of-a-ticket-in-texas. There is defensive driving, deferred disposition, jury or judge trial acquittal, or a dismissal.

Check for citations by Texas Highway Patrol

Check the following site for citations with 2 years by Texas Highway Patrol here.

See our home page for more information http://erictorberson.com.

Need a Texas DWI Lawyer?

(888)234-5550

As a Texas DWI lawyer I know it is a legal professional that specializes in defending individuals charged with Driving While Intoxicated (DWI) offenses in the state of Texas. DWI is a serious offense, and a conviction can lead to significant consequences, including fines, license suspension, probation, and even jail time. DWI lawyers are experienced in handling these cases and are familiar with the specific laws and procedures related to DWI charges in Texas.

Here are some of the key roles and responsibilities of a Texas DWI lawyer:

  1. Legal Representation: A Texas DWI lawyer provides legal representation for individuals charged with DWI, guiding them through the legal process and advocating for their rights.
  2. Case Assessment: The lawyer will review the details of the DWI case, including evidence, police reports, and witness statements, to assess the strength of the prosecution’s case and identify any potential weaknesses or defenses.
  3. Legal Advice: DWI lawyers offer legal advice to their clients, explaining the charges they are facing, the potential consequences, and the available legal options.
  4. Defense Strategy: Based on the circumstances of the case, a DWI lawyer will develop a defense strategy to challenge the prosecution’s evidence and protect their client’s interests.
  5. Negotiations: In some cases, a DWI lawyer may negotiate with the prosecution to seek reduced charges or penalties through a plea bargain.
  6. Court Representation: If the case goes to trial, a Texas DWI lawyer will represent their client in court, selecting a jury, presenting evidence, cross-examining witnesses, and making legal arguments on their behalf.
  7. Expert Witnesses: In certain situations, DWI lawyers may consult with or call upon expert witnesses, such as forensic toxicologists or accident reconstruction specialists, to support their defense.
  8. License Issues: DWI lawyers can also assist with matters related to driver’s license suspension or help their clients obtain an occupational driver license if necessary.
  9. Visit here for cost of a DWI lawyer http://erictorberson.com/how-much-does-a-dwi-lawyer-cost-in-texas/

It’s important to know that DWI laws can be complex and vary by state. If you are facing DWI charges in Texas, it is crucial to consult with a qualified and experienced DWI lawyer who is familiar with the specific laws and procedures in Texas. An experienced lawyer can provide the best chance of building a strong defense and minimizing the potential consequences associated with a DWI conviction.

Remember that finding the right DWI lawyer is crucial to building a strong defense. Take the time to research and choose a lawyer who has experience and a track record of success in handling DWI cases in Texas.

Visit the home page for more on our firm http://erictorberson.com

Domestic Violence Lawyer

An assault family violence or domestic violence lawyer is a legal professional who specializes in handling cases related to domestic violence. Domestic violence involves behavior or violence that occur within a household or an intimate relationship. Defense lawyers are experienced in advocating for clients charged with domestic violence, in other words, defending individuals accused of domestic violence.

Here are some of the typical roles and responsibilities of a domestic violence lawyer:

  1. Legal Representation: A domestic violence lawyer can represent victims of domestic violence seeking protection orders or pursuing legal action against their abusers. On the other hand, they can also defend individuals who have been accused of domestic violence.
  2. Protective Orders: On the other side prosecutors help victims obtain restraining orders, protection orders, or orders of protection to ensure their safety and keep the abuser away.
  3. Legal Advice: Domestic violence lawyers provide legal counsel, guiding them through their legal options and helping them understand their rights.
  4. Evidence Collection: For both victims and defendants, domestic violence lawyers gather evidence to support their case, such as medical records, witness statements, or police reports.
  5. Court Representation: Domestic violence lawyers represent their clients in court, presenting their case, questioning witnesses, and arguing on their behalf.
  6. Plea Negotiations: In some instances, domestic violence lawyers may engage in negotiations with the opposing party to reach settlements or plea bargains.
  7. Crisis Intervention: For victims, domestic violence prosecutors may offer emotional support and connect them with resources like shelters, counseling services, and support groups. Prosecutors can also help detect whether the victim is being honest.
  8. Education: Domestic violence lawyers may conduct educational outreach about domestic violence laws and resources available to victims in the community.

It’s essential to seek a qualified and experienced domestic violence lawyer if you are involved in a domestic violence or assault family violence situation, either as a victim or an accused party. These legal professionals can offer vital assistance, protection, and guidance through a challenging and sensitive legal process.

For more information about the firm visit http://erictorberson.com

Texas DUI Lawyer

Call 888-234-5550 for more information

Is a DUI the same as a DWI?

No. A DUI in Texas can only be a minor, under 21 years old, with any detectable amount of alcohol in their system. A DWI in Texas is anyone with .08 or above blood alcohol content and/or drugs causing intoxication.

What is the average cost of a DUI in Texas?

Since every lawyer charges differently I will just refer to the DUI fines and court costs. The fine can be up to $500 for a DUI with no priors and court costs are around $100. Any classes that may be taken will cost for enrollment. The big cost

Do I need a lawyer for a DUI in Texas?

It is advisable to let a lawyer trained to handle these matters help you through the process. A person not knowing court room procedures or how to negotiate will not be as effective to achieve a positive result to his or her case.

Can I get a DUI dismissed in Texas?

Yes. The first thing I look at is if the police stop legal. There has to be probable cause to stop a car. Next question is does the under 21 driver have any amount of alcohol in their system. Sometimes there is no proof other than the officer saying they smell alcohol. It can be difficult to disprove this if the officer never tests the driver for alcohol through field sobriety tests or breath/blood test. This happens in quite a few cases where only smell is alleged. Sometimes the driver admits to drinking earlier but the alcohol may have already eliminated from the person’s system.

How do I keep a DUI off my record?

There are programs such as deferred disposition where the driver can take an alcohol awareness class and/or community service and after 3 or 6 months the case will be dismissed. Many times these are reserved for people with no criminal background but not always. Other factors may play a difficult role in qualification such as a car accident, drugs in the car, behavior while being questioned and other relevant factors.

How much is a DUI lawyer in Texas?

As I stated earlier a Driving Under the Influence is different than a Driving While Intoxicated. A DUI is a class C misdemeanor in Texas. Of course every lawyer will have their own fees, but a DUI is not quite as serious as a DWI which start at class B misdemeanors.

For more information visit our home page http://erictorberson.com

How can I get out of a ticket in Texas?

There are a few different options to get out of a ticket in Texas. If you qualify for defensive driving and desire to take defensive driving, that is one way. Another option is to request a judge or jury trial and show up to the trial date to fight the ticket. You will need to be more convincing to the judge or jury than the officer. If the officer does not show up many times the ticket will be dismissed by the prosecutor. It is not a guarantee, they may try to postpone, or continue, the trial to another day.

What to say to a cop to get you out of a ticket

Police are human beings with good and bad days. They run into all sorts of people, kind, rude and everything in between. Your chances of getting a warning instead of a ticket are greatly reduced if you are rude. Becoming defensive and angry on the roadside will almost guarantee a traffic ticket is coming your way. My personal experience is that I smile and say hello when the officer walks up to my window. I hand my license and insurance over. One time the officer gave me a warning. My second speeding stop several years later I was given a regular speeding ticket instead of a construction zone speeding ticket. That break allowed me to get the ticket dismissed and keep it off my record. Construction zone tickets in Texas are not supposed be allowed to do defensive driving.

Can I just pay my ticket and not got to court?

Yes, paying a ticket is permissible but it will stay on your record. Insurance companies look at a driving record as far back as 5 years and charge accordingly to higher risk drivers.

How to get old tickets dismissed in Texas

It is helpful to have a lawyer deal with this. I just got about 20 tickets dismissed recently for a client in Hays County, Tx. The tickets were over 10 years old. My client skipped out and moved out of state. The problem he was having is that he could not renew his Texas Driver License until the tickets were resolved. Resolving the tickets allowed the Omni with the DPS to be removed from his license. I negotiated that he pay the $30 per ticket Omni fee on just 4 of the several tickets. This saved my client several hundred dollars.

How long do unpaid traffic tickets stay on your record in Texas?

They stay forever or until resolved. The Omni fee is sent to the DPS by the court and a person cannot renew their driver license until the omni is lifted. That will not happen until the ticket is resolved at the court. The court will then send the Omni release to DPS after a $30 fee is paid to the court.

How do I check if I have a suspended Texas License?

Drivers can check on this website https://txapps.texas.gov/txapp/txdps/dleligibility/login.do to find out the status of their Texas Driver License.

How do I check if I owe tickets?

If you think you missed court for a ticket you can check this following website https://www.texasfailuretoappear.com/search.php With your license number and date birth any tickets that are held in omni status can be found here.

How do I get rid of traffic warrants in Texas?

When I do a letter of representation to a court they put the case on a docket. This allows me to negotiate with the prosecutor. Once we get the case set for a resolution (which includes the fees, fines, and/or restitution)I discuss the terms with my client. I am usually able negotiate a favorable resolution for my clients. Older cases can have advantages because witnesses are usually long gone and unavailable.

Take a look at our homepage for more information http://erictorberson.com

How do I get my license back after suspension in Texas?

Getting your Texas driver license back will depend on the reason it is suspended. In the mean time you can get an Occupational Driver License. This is not the same as a hardship license in Texas. Those are utilized by teenagers prior to being licensed.

How do I get my license reinstated?

Sometimes it is as simple as paying a reinstatement fee. For someone arrested for DWI or DUI in Texas, their license likely was suspended for a period of time. For a minor (under 21) first time DUI or DWI it would be 60 days. The minimum suspension for an adult charged with DWI is 90 days if a voluntary breath or blood test were administered. A $125 reinstatement fee is paid to the Texas DPS here below.

https://www.dps.texas.gov/section/driver-license/faq/section-7-reinstatement-fees

How much is a reinstatement fee in Texas?

Generally a reinstatement fee is $125. There is a small fee if using a card to pay it online. If there is an occupational license getting filed there is also a $10 fee for that per year that it is active.

Can you check to see if your license is suspended in Texas?

Absolutely, the link to check your Texas license status is right here https://txapps.texas.gov/txapp/txdps/dleligibility/login.do

How do you get an occupational license in Texas?

We do occupational driver license’s in Texas. You will need to have SR-22 insurance either through your current insurance or another insurance company. The occupational license will only be valid with SR-22 insurance on file with the DPS. Also a driver must order a Type AR Certified Abstract of Driving Record. A petition and order is then filed with a court and a judge must sign the order for the license to become valid. Once approved and signed, the order is certified at the clerk’s office and sent to the DPS with the $10 occupational license fee. Certain details in the petition will vary depending on the reason for the driver license suspension.

How much can I drive with an Occupational Driver License?

The statute allows 4 hours of driving every 24 hours. This can be expanded to 12 hours every 24 hours with a showing of necessity. The signed order must include:

  • the hours of the day, days of the week allowed driving
  • the reason the driver is driving
  • the areas or routes of travel permitted
  • the person is restricted to a vehicle with an ignition interlock device if required

If there was a DWI involving involving alcohol an ignition interlock device may already be installed on the vehicle. The good news is that this will help expand the hours and routes a person will be able to drive. The occupational license will be valid 24 hours and anywhere in the state.

How much is an occupational license in Texas?

The fees for a Texas Occupational License vary depending on what caused the driver license suspension. Contact our office to get a quote. Below are some estimated costs involved:

  • Reinstatement fee to DPS $125
  • SR-22 $100/mo
  • Order driving record $20
  • Court filing fee $50-$300
  • Attorney fee-call or message us it depends
  • Ignition interlock device $100/mo
  • Ignition interlock device fee to DPS $10
  • Occupational license fee to DPS $10

Can I get an occupational license for a CDL?

Sec. 521.242 of the Texas Transportation Code prevents a CDL driver from operating a commercial vehicle with an occupational license.

Be sure and contact us to help with your driver license at http://erictorberson.com

Can You Refuse a Sobriety Test in Texas?

Yes you can refuse a field sobriety test. There is not a requirement that a person must perform a sobriety test. Standard field sobriety tests are very difficult to perform perfectly. Even police officers do not do the complete test while demonstrating the tests to drivers.

Many people either believe they can pass field sobriety tests or think that they have to do them. The police officers usually give drivers the impression that the officer already believes the driver is fine and this group of exercises is just confirming that by casually offering these difficult balancing tests. The truth is the officer is looking for every single problem he or she can find to add to the police report after the driver is arrested for DUI or DWI.

Refusing Breathalyzer in Texas

First of all the breathalyzer is not the small handheld tester that is offered on the roadside. That is called a portable breath test (PBT). It is not admissible in court. The police use it to decide if a driver is close to a .08 blood alcohol content.

Refusing a breath test in Texas has consequences for a driver’s license. Refusing a breath test can result in a driver’s license suspension. The length of the DPS suspension whether refusing or failing the breath test (or blood) depends on different factors such as:

  • Is the driver under 21?
  • Has the driver had an alcohol stop DL issue in the last 10 years?
  • Does the driver have a commercial DL?
  • Was the driver operating a commercial vehicle at over .04 BAC?
  • Did the driver refuse breath and blood tests?
  • Did the driver consent to the test and fail by .08 result or higher?

Basically a suspension occurs when a driver:

  • Refuse to take or fail to complete a blood or breath test, or
  • Provide a blood or breath test that registers a blood alcohol concentration (BAC) of 0.08% or more while driving a non-commercial motor vehicle, or
  • Provide a blood or breath test that registers a blood alcohol concentration (BAC) of 0.04% or more while driving a commercial motor vehicle.

What Happens if I Say no to a Breathalyzer?

In Texas there is no law against refusing a breath or blood test like in some other states. In some jurisdictions outside of Texas it is an additional arrestable offense to refuse a breath or blood test. Many counties in Texas have a system set up where the officer applies for a blood search warrant to draw blood if the driver refuses to consent. This is the case whether the breathalyzer or a blood test is refused.

A blood search warrant requires a sworn affidavit to be typed up or filled out by the cop proving why they have a reason (probable cause) to ask the judge to sign the blood search warrant. Once a warrant is signed, whether it holds up later in court or not, the person will be forced to give blood. If the person refuses to cooperate in a blood draw they can be strapped to the chair. An additional offense of Resisting Search can be added if still uncooperative.

Should You Refuse a Breathalyzer?

If you are positive that you are not even close to a .08 BAC and are way below you may take the breath test. The machines are maintained (or not maintained) by human beings who make mistakes. The breath test machines are calibrated and cared for periodically by someone. There is no guarantee that the machines are accurate and in good working condition. The officer is certainly not going to prove is works fine before he or she has you blow into it at the jail.

Refusing will usually result in a longer suspension at the Administrative License Hearing (ALR). This can be inconvenient in the short run but help with the DWI case in court. Sometimes there is no blood test available to be given at the time of the breath test refusal.

Take a look for more blogs on DUI and DWI topics at http://erictorberson.com

Robbery in Texas

What is Robbery?

Robbery in Texas occurs when committing theft with intent to maintain control of the stolen property while intentionally, knowingly, or recklessly causing bodily injury to another.

Robbery can also be intentionally or knowingly threatening or placing another in fear of imminent bodily injury.

Robbery is defined under Texas Penal Code 29.02.

What is the Punishment for Robbery in Texas?

Robbery in Texas is a 2nd degree felony. That either up to 10 years probation or 2 to 20 years in prison and up to a $10,000 fine.

What Does Aggravated Robbery Mean?

Aggravated Robbery is the act of committing Robbery and:

  • Causes serious bodily injury to another
  • Uses or exhibits a deadly weapon (Gun or Knife etc) or
  • Causes serious bodily injury to another person or threatens or places another in fear of imminent bodily injury or death, if the other person is:
    • 65 years of age or older or
    • Disabled person
    • Disabled person means with a mental, physical, or developmental disability who is substantially unable to protect him or herself from harm.

What is the Punishment for Aggravated Robbery?

Aggravated Robbery is a 1st degree felony punishable by up to 10 years on probation or 5 to 99 years in prison and up to a 10,000 fine.

Is it Still Robbery Pointing a Fake Gun?

If the gun is a toy, the crime is Robbery and not Aggravated Robbery. The robber needs a real gun to commit Aggravated Robbery.

For more information check out the homepage http://erictorberson.com

How to Fight a DUI Without a Lawyer

It is not advisable to fight a DUI or any criminal charge in court without a lawyer. But since you are reading this there must be a financial or other reason that you are choosing not to hire a legal counsel. Depending on the circumstances and how honest the prosecutor is, there may be a chance.

Why is the Fourth Amendment Important?

The very first issue you need to look at in a case is why were you stopped or detained? The Fourth Amendment protects people against illegal search and seizure.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

Amendment IV to the U.S. Constitution

The police need reasonable suspicion or probable cause to stopped a vehicle for instance. If the police do not have a good reason than the case is already bad and should be dismissed. It may take a trained lawyer to discovery whether there is a 4th amendment violation unless it is blatantly obvious.

If the prosecutor does not dismiss the case when there is an obvious 4th amendment violation then a person representing themself (pro se) has a big problem. There is an integrity issue with the state and a need for legal counsel to file the proper motion to suppress. This red flag may also mean there are other issues being hidden from the accused. This really exists in our courts to this day.

The Police Didn’t Read Me My Rights

The police did not read me my rights-So is my case dismissed? Not necessarily. The police only have to read a person their rights if the person is not free to leave or under arrest. So in DUI and DWI cases the police in Texas consider it being ‘detained’ when they are asking initial roadside questions. But for certain once the handcuffs are on and a person is told they are being placed under arrest, that is when the miranda rights come into play. Although a driver is not free to leave when the police are asking roadside question, there can be a gray area. This is where a good lawyer will research the issue. It can be complicated and beyond this blog post, but there might be a miranda violation without being arrested.

What Evidence Does The Prosecutor Have?

It’s if very important to know what evidence you are entitled to. This is pretty much all of the evidence that exists. But in most cases you have to properly ask for it. Being a pro se defendant many jurisdictions will not give it to you and will make you come into the office at a prescribed time and view the evidence. A pro se defendant needs to know what to ask and look for with the evidence. There are police reports, breath or blood test, audio, video, photos etc.

Can You go to Trial Without a Lawyer?

If it wasn’t already tough up to this point, it can definitely be as a pro se in trial. Even an attorney gets nervous in trial. Picking a jury can be difficult and knowing how to present questions to the jury panel. The state is already experienced at least a little in this area. The accused needs to do some research about how jury selection (voir dire) takes place. Maybe ask a local lawyer for advice and get the jury questionnaires ahead of the day for trial if possible to study the jury panel.

Knowing what questions to ask witnesses is very important. Also knowing what questions the state cannot ask can be equally as important. The other lawyer will try to lead their witness into saying a lot more than allowed, including hearsay statements.

It is important to know that the accuse has a right not to testify. This should have been talked about in jury selection. Some people just presume guilt when a person remains silent and does not tell their side of the story. But there are reasons, other than guilt, why a person does not testify.

Closing argument finishes up the trial where the parties summarize their side of the case. There are time limitations and limits to what can be said about the case. One thing for sure, it is not a time to leave the jury with a bad impression.

Conclusion

This only covers a fraction of the issues about a criminal case such as a DUI or DWI. If an accused person just cannot afford a lawyer there are court appointed lawyer options for most indigent people. If that is not an option, or the court appointed lawyer will not go to trial, a pro se trial is a last resort. Most lawyers will take a few minutes to explain how a trial works. It is worth a phone call to attempt to ask a few questions. If you have more questions take a look at my home page http://erictorberson.com or leave a message in my contact form.

Criminal Lawyers San Antonio

How do I find the Best San Antonio Criminal Defense Lawyer?

Finding the best attorney only takes a simple phone call. Write all your questions down ahead of time that you want to ask. Your particular case or charge may determine which lawyer is better between different choices.

What Questions do I ask a San Antonio Criminal Defense Lawyer?

Some questions that you should ask a San Antonio Criminal Defense Lawyer are below:

  • Do you handle cases like mine?
  • How long have you been a lawyer?
  • What success have you had with my type of case?
  • Is there a discount if I pay the legal fee upfront?
  • How much is the legal fee for a payment plan?
  • What is the best case scenario for my charge?
  • What is the worst case scenario for my charge?
  • What are the chances to get my case dismissed?
  • Can you keep the charge off my record?
  • Can you do an expungement after the case is over?

What is the Goal of a Criminal Defense Attorney?

Believe it or not each lawyer has a different goal. Some attorneys just go with the flow. Sometimes those are court appointed or sometimes hire lawyers. They go into the case with the idea that it will be a plea for the first offer. You DO NOT want that lawyer.

The mindset of a lawyer going into a case is very important. It sets the stage for how the lawyer will prepare a defense and file court documents. Eventually the case may be set for trial and the attorney needs to have a solid plan and confidence that he or she can convince a jury that the client is NOT GUILTY.

Going into a case with a winning mindset allows the lawyer to explore all legal options to properly defend his or her client’s case to their best ability.

Have you been arrested in San Antonio or Bexar County?

A person can get arrested in Bexar County, or San Antonio, for a number of crimes. Charges in Bexar County range from Public Intoxication, DUI, DWI blood or DWI breath test, Assault, Theft, Reckless Driving, Drug Possession, Aggravated Assault, Domestic Violence, Family Violence, Misdemeanor, or Felony.

San Antonio is just one city in Bexar County. If arrested in San Antonio for a class C misdemeanor, a person will deal with their case in the San Antonio Municipal Court. When arrested for a class B misdemeanor or higher charge, the person will deal with the case in the Bexar County Justice Center.

San Antonio DWI Lawyer

For obvious reasons it is highly recommended that you get a San Antonio DWI Lawyer to defend a DWI charge. A person will almost certainly be convicted if he or she defends themselves without a lawyer. There are many issues that can fall in the driver’s favor if a good attorney gets in a researches the issues of the case.

Finding the best San Antonio DWI Attorney means asking about a lawyers experience and training. Many lawyers are not well trained in DUI or DWI law and miss ways to win a driver’s case. I have been through numerous DWI training seminars and handle DWI cases around Texas all the time.

My Goal is to Win Every Case

I go into every case to win. To try any other way is to probably lose. Take a look at my home page for more posts and issues. Enter your information in the contact form or call the number.

My homepage is http://erictorberson.com

Unauthorized Use of a Motor Vehicle Texas

What is Unauthorized Use of a Motor Vehicle?

Unauthorized use of a motor vehicle is intentionally or knowingly operating another’s boat, airplane, or motor vehicle without the other’s consent.

What is “Operate” a Motor Vehicle?

Operate doe not necessarily mean driving. Case law has determined that it means “took action to affect the functioning of his vehicle in a manner that would enable the vehicle’s use”

What is the Punishment for Unauthorized Use of a Motor Vehicle in Texas?

Unauthorized Use of a Motor Vehicle in Texas is a state jail felony. This means up to a maximum of a $10,000 fine and/or 2 years in prison (state jail).

The Difference Between Joyridings and Auto Theft

Joyriding is unauthorized use of a motor vehicle without the proof of intent to steal the vehicle. Auto theft is an intention of not returning the vehicle.

What is the Value of the Stolen Property?

The stolen property is valued at the fair market value of the property at the time and place of the offense. If that cannot be determined it is the cost of replacing the property within a reasonable amount of time after the theft.

For more information start at our home page at http://erictorberson.com

30.06 Texas Penal Code

Trespass by License Holder with a Concealed Handgun

A person with a License to Carry (LTC) in Texas needs to be alert when entering a business. There may be 30.06 signs on the premises prohibiting a person from carrying a concealed handgun on the property.

What does a 30.06 Sign Say?

A sign prohibiting a concealed carry gun owner in Texas from entering the property will usually say, in both english and spanish, the following:

Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (hand-gun licensing law), may not enter this property with a concealed handgun.

Texas Penal Code Section 30.06

What Does a 30.06 Sign Look Like?

The sign must have the language stated in the paragraph above and appear in contrasting colors with block letters at least 1 inch in height and displayed in a conspicuous manner clearly visible to the public.

What is the Punishment for Ignoring a 30.06 Sign?

If you ignore or do not obey a 30.06 sign the penalty is a Class C Misdemeanor and a fine of up to $200.

It becomes a Class A Misdemeanor if a concealed gun carrier is verbally told to leave the premises and refuses to leave. If after being given oral communication to leave and he or she promptly leaves the premises it is a defense to prosecution for criminal trespass.

What is Considered Proper Notice That Concealed Handguns are Prohibited?

Notice is considered proper if the owner of the property or someone with apparent authority to act for the owner provides notice orally or in writing to a person carrying a concealed handgun .

Texas 30.06 Covers LTC no Longer Called CHL

Texas handgun law is now LTC-License to Carry and not CHL-Concealed Handgun. Since open carry is now allowed the law had to be refined to cover the new aspects of legal handgun carry laws.

For more information take a look at http://erictorberson.com

Leaving the Scene of a Single Car Accident in Texas

This specifically applies to a situation where there are no injuries and the accident involves a situation such as just a one car accident. The damage is just to the car that crashed and nobody else’s property or roadside property damage. There are other specifics of the Texas Transportation Code Section 550 that cover injuries, damage, and/or death.

Let’s say that a vehicle is driving on a roadway and must swerve to miss a dog or deer and subsequently drives off the road and crashes. The accident here only damages the driver’s car. Assuming no bodily injury for this situation, this is an accident resulting in vehicle damage only.

If the damage to the vehicle is

“to the extent that it cannot be normally and safely driven shall immediately by the quickest means of communication give notice of the accident” to local law enforcement.

The ‘quickest means possible’ is not clearly defined. It might be a cell phone call immediately. It might mean that a person might report it the next day after being checked out by medical personnel. A passer by may give the person a ride to a safe place because remaining at the scene is not a suitable place for a person to wait.

A law enforcement officer shall make a report in a case where the damage to any one vehicle is apparently $1,000 or more. This report shall be electronically filed with the DPS no later than 10 days after the accident.

What if I can normally and safely drive my vehicle even though it has over a $1,000 damage?

Even though the Texas Transportation Code Section 550.062 states that a law enforcement officer shall complete a report it is not clear what happens if they do not. There does not appear to be a duty for a person to report an accident of over $1,000 damage is their vehicle can be normally and safely driven.

If you are looking for more information outside of property damage on the just the vehicle driver only here is another blog post http://erictorberson.com/leaving-the-scene-of-an-accident.

For more information about this website take a look at the home page http://erictorberson.com.

Restraining Order Texas

Did you mean Protective Order vs Restraining Order?

What is the difference between a Restraining Order and a Protective Order?

Restraining OrderProtective Order
What does it do?In civil cases it orders someone to do or refrain from doing something to protect property or a child in family casesIt orders someone to leave a violence victim alone from harm, threatening or coming near a person for a certain period of time

What is a Temporary Ex Parte Protective Order?

‘Ex Parte’ means contacting the court without the other side being involved. An application is filled out and filed with the court clerk.

Texas Family Code Sec. 82.009 requires and applicant to provide 1) a detailed description of the facts and circumstances of the alleged family violence and need for a protective order and 2) be signed by each applicant under oath that the described circumstances in the application are true and correct to the best knowledge and belief of the applicant(s).

The judge will review it for ‘clear and present danger of family violence’. If found, the judge will enter a temporary ex parte order for protection of the applicant without further notice or hearing. The court may order the respondent to do or not do a specified act.

The temporary ex parte order lasts a maximum of 20 days and may be extended on the court’s own motion or the applicant’s.

What is a Protective Order in Texas?

In case you meant to read about a protective order instead of restraining order I will discuss a P.O. first. An application for a protective order must be filled out by the victim or another adult member of the household and filed with the court clerk.

For a dating relationship any adult may apply for a protective order to protect a child. Also a prosecuting attorney or Department of Family and Protective Services may file for a P.O. for a victim.

According to Texas Family Code Sec. 82.004 the contents of the application must state:

(1) the name and county of residence of each applicant;

(2) the name and county of residence of each individual alleged to have committed family violence;

(3) the relationships between the applicants and the individual alleged to have committed family violence;

(4) a request for one or more protective orders; and (5) whether an applicant is receiving services from the Title IV-D agency in connection with a child support case and, if known, the agency case number for each open case.

Where can I file for a Protective Order?

The proper venue is in the county where the applicant resides, the respondent resides, or the county where the alleged family violence occurred.

Any individual affected by the protective order my file a Motion to Vacate and the court will set a date for a hearing on the motion as soon as possible.

Can a Temporary Ex Parte Protective Order Kick me out of my House?

The only way a person can be excluded from their residence by a temporary ex parte order is the following according to Texas Family Code Sec 83.006 when the applicant:

(1) files a sworn affidavit that provides a detailed description of the facts and circumstances requiring the exclusion of the person from the residence; and

(2) appears in person to testify at a temporary ex parte hearing to justify the issuance of the order without notice.

(b) Before the court may render a temporary ex parte order excluding a person from the person’s residence, the court must find from the required affidavit and testimony that:

(1) the applicant requesting the excluding order either resides on the premises or has resided there within 30 days before the date the application was filed;

(2) the person to be excluded has within the 30 days before the date the application was filed committed family violence against a member of the household; and

(3) there is a clear and present danger that the person to be excluded is likely to commit family violence against a member of the household.(c) The court may recess the hearing on a temporary ex parte order to contact the respondent by telephone and provide the respondent the opportunity to be present when the court resumes the hearing. Without regard to whether the respondent is able to be present at the hearing, the court shall resume the hearing before the end of the working day.

What About Filing a Protective Order During a Divorce or Child Custody Battle?

The application must be filed in the county where the applicant’s suit is pending or the county which the applicant resides.

What is in a Notice of Application for a Protective Order?

CONTENTS OF NOTICE OF APPLICATION: a) A notice of an application for a protective order must:(1) be styled “The State of Texas”;

(2) be signed by the clerk of the court under the court’s seal;

(3) contain the name and location of the court;

(4) show the date the application was filed;

(5) show the date notice of the application for a protective order was issued;

(6) show the date, time, and place of the hearing;

(7) show the file number;

(8) show the name of each applicant and each person alleged to have committed family violence;

(9) be directed to each person alleged to have committed family violence;

(10) show: (A) the name and address of the attorney for the applicant; or (B) if the applicant is not represented by an attorney:(i) the mailing address of the applicant; or(ii) if applicable, the name and mailing address of the person designated under Section 82.011; and

(11) contain the address of the clerk of the court. (b) The notice of an application for a protective order must state: “An application for a protective order has been filed in the court stated in this notice alleging that you have committed family violence. You may employ an attorney to defend you against this allegation. You or your attorney may, but are not required to, file a written answer to the application. Any answer must be filed before the hearing on the application. If you receive this notice within 48 hours before the time set for the hearing, you may request the court to reschedule the hearing not later than 14 days after the date set for the hearing. If you do not attend the hearing, a default judgment may be taken and a protective order may be issued against you.”

How do I know if I have a Protective Order Hearing?

This does not apply to an Temporary Ex Parte Protective Order.

A respondent is entitled to notice of the application of a protective order. The service of notice of a protective order is done in the same way as a citation under the Texas Rules of Civil Procedure Rule 106 such as is filed in a lawsuit or a divorce. Service by publication is not allowed.

How do I know if I have a Protective Order against me?

A protective order signed by the judge must be delivered to the respondent to be valid. Under Texas Family Code Sec 85.041 it shall be delivered in one of the following ways:

(1) delivered to the respondent as provided by Rule 21a, Texas Rules of Civil Procedure;

(2) served in the same manner as a writ of injunction; or

(3) served in open court at the close of the hearing as provided by this section.

(b) The court shall serve an order in open court to a respondent who is present at the hearing by giving to the respondent a copy of the order, reduced to writing and signed by the judge or master. A certified copy of the signed order shall be given to the applicant at the time the order is given to the respondent. If the applicant is not in court at the conclusion of the hearing, the clerk of the court shall mail a certified copy of the order to the applicant not later than the third business day after the date the hearing is concluded. (c) If the order has not been reduced to writing, the court shall give notice orally to a respondent who is present at the hearing of the part of the order that contains prohibitions under Section 85.022 or any other part of the order that contains provisions necessary to prevent further family violence. The clerk of the court shall mail a copy of the order to the respondent and a certified copy of the order to the applicant not later than the third business day after the date the hearing is concluded. (d) If the respondent is not present at the hearing and the order has been reduced to writing at the conclusion of the hearing, the clerk of the court shall immediately provide a certified copy of the order to the applicant and mail a copy of the order to the respondent not later than the third business day after the date the hearing is concluded.

What is a Magistrates Emergency Protection Order?

After an arrest for a family violence (or sexual assault, indecent assault, aggravated sexual assault just to name a few others) an order for emergency protection may be issued because of a concern of the magistrate, victim, guardian of victim, peace officer, or attorney for the state.

The emergency protection order from the magistrate is mandatory if there is serious bodily injury of the victim or use of a deadly weapon during the alleged assault.

The E.P.O may prohibit further family violence, communication in a threatening manner, and an indirect threat to the person protected. Also if the magistrate finds good cause the arrested party may be prohibited from going near the residence, place of employment, or child care facility or school of a child protected under this order.

Unless the person named in the E.P.O is a full time paid law peace officer firearms may be ordered to remain out of the arrested person’s possession.

Will an Emergency Protective Order Affect My License to Carry (LTC)?

The E.P.O. shall suspend a License to Carry a handgun under Subchapter H Chapter 411 of the Government Code.

How long does a Emergency Protective Order last?

The E.P.O. lasts at least 31 to 61 days if not involving a deadly weapon. If the arrested person allegedly used a deadly weapon the length of the E.P.O. is a minimum of 61 to 91 days. The order can be modified in a noticed hearing if unworkable.

No Deadly WeaponAllegedly Used Deadly Weapon
At least 31-61 daysAt least 61-91 days

What is a Restraining Orders vs. Protective Order?

A Temporary Restraining Order or a Restraining Order’s purpose is to preserve status quo of a situation at the last actual peaceable, non-contested status that preceded the controversy.

The order can be prohibitive or mandatory. Prohibitive orders would strictly prohibit a party from taking certain actions as opposed to requiring an action. Sometimes order or injunctions require an action that is mandatory to maintain the status quo such as requiring a person to maintain property from loss, damage or destruction.

Unless a T.R.O is for a divorce case with children and the T.R.O. is seeking to attach a child there is no need for it to verified or an affidavit attached.

For more information on protective orders click this previous blog link http://erictorberson.com/protective-order-texas.

For more information about this law site check out the home page at http://erictorberson.com.

How long is your license suspended for a DWI in Texas?

A driver’s license is suspended for differing amounts of time depending on how old the driver is and whether there are previous suspensions or convictions in the driver’s past. Below is a chart showing driver’s license suspension periods for DUI and DWI charges.

This chart below is the suspension periods based on the DPS Administrative License Revocation hearing results. Also these apply if the driver does not request a hearing within 15 days of refusal or failure to provide a specimen.

AccusationDL Suspension Driver under 21DL Suspension Driver 21 an up
DUI (minor only) or DWI who consensual breath/blood test failure with no priors60 days90 days
DUI (minor) or DWI (prior within 10 years) consensual test breath/blood failure with prior120 days1 year
DUI with 2 or more prior convictions180 days
DUI or DWI (prior within 10 years) refusal with no prior180 days180 days
DUI or DWI refusal with prior 2 years2 years

The suspension periods for the actual criminal court cases with the different DUI and DWI levels will have additional possible suspension periods to be aware of.

Can I drive while my license is suspended?

You need to get an occupation driver license. For more information about a Texas Occupational Driver’s License click the following link http://erictorberson.com/how-do-i-get-my-license-back-after-suspension-in-texas

For more information look at the home page and list of topics in the pages and blog posts http://erictorberson.com

Recording a Conversation in Texas

Texas is a one party consent law state. This means if you are one of the parties to the conversation and want to record it you can. If you are not a party to the conversation you need to have consent of one of the participants to record the conversation.

This law applies to ‘in person’ or ‘electronic’ conversations. It is a 2nd degree felony to violate Texas Penal Code 16.02 Unlawful Interception, Use, or Disclosure of Wire, Oral, or Electronic Communications.

The Texas Code of Criminal Procedure defines “Oral Communications” below-

(19) “Oral communication” means a communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation. The term does not include an electronic communication.

For more information visit the home page at http://erictorberson.com

Riot Act

What is the Riot Act?

The Riot Act was a 1714 British regulation outlawing 12 or more people from riotously assembling together. The act was repealed in 1967 eliminating the need to read a mob the Riot Act warning.

What Does it Mean to Read Someone the Riot Act?

Reading the Riot Act required the reading of the following phrase before the act was supposed to be enforced.

“Our sovereign lord the King chargeth and commandeth all persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the act made in the first year of King George, for preventing tumults and riotous assemblies. God save the King.”

Reading the ‘Riot Act’ was not just a metaphor. If the group did not disperse within 1 hour after the reading of the “Riot Act” the penalty could have been death.

The Great Britain Riot Act Text
Great Britain Riot Act passed in 1715

What is the Riot Act in the USA?

The United States Federal Riot law is codified in 18 USC Ch. 102: RIOTS. To be enforced on a person the person must travel interstate or in foreign commerce or use a facility of interstate or foreign commerce. This can include and is not limited to mail, telegraph, telephone, radio, or television. There must be intent to:

  1. to incite a riot; or
  2. to organize, promote, encourage, participate in, or carry on a riot; or
  3. to commit any act of violence in furtherance of a riot; or
  4. to aid or abet any person in inciting or participating in or carrying on a riot or committing any act of violence in furtherance of a riot;

The facility of interstate commerce list above does not list but obviously could include the internet. This statute was last amended in 1996.

What is the Punishment for Rioting in the U.S.?

The punishment for violating the riot law in the U.S. is up to 5 years in prison and/or a $10,000 fine.

What is a Riot?

A riot is a public disturbance involving violence by one or more people in a group of three or more persons. The act of ‘violence’ is a clear and present danger to or resulting in damage or injury to property or to a person. It is also a ‘threat or threats’ of violence by a person in a group of at least three having the ability to immediately execute the threat or threats against the property or person of another.

What is Inciting a Riot?

Inciting a riot means to organize, promote, encourage, participate in, or carry on a riot. This includes urging or instigating other people to riot.

Inciting a riot is not merely oral or written words. Inciting a riot is not merely advocating ideas or expressing a belief that is NOT advocating acts of violence or the right to commit acts of violence.

What is the Riot Law in Texas?

The riot law in Texas requires a group of seven or more people who:

  1. create an immediate danger or damage to property or injury to persons;
  2. substantially obstruct law enforcement or other governmental functions or services; or
  3. by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.

A person has to knowingly participate. Knowingly is defined in the Texas Penal Code 6.03

A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

If the assembly was at first lawful but then manifested into a riot a person has a defense to prosecution if they retire or disperse from the assembly of rioters.

What is the Punishment for Rioting in Texas?

Rioting is a Class B misdemeanor if prosecuted under Texas law. However, it can be a higher punishment equal to the higher crime committed by anyone engaged in the riot. The person committing the higher level crime must commit the higher offense under the following required criteria to charge the first rioter with the higher offense punishment range:

  1. in furtherance of the purpose of the assembly; or
  2. an offense which should have been anticipated as a result of the assembly.

Which Riot Law Applies State or Federal?

The federal law requires interstate travel or communicate through the above listed channels. If a state wishes to prosecute with their own law the federal prosecution is then prevented.

A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution hereunder for the same act or acts.

18 USC Ch. 102: RIOTS Section 2101 (c)

Texas Riot Punishment Law Proposed Change

Today is September 24, 2020 and Governor Abbott just announced proposed changes to the Texas rioting punishment law.

As stated above the current punishment is only a Class B misdemeanor for rioting under the Texas statute. The proposed legislation increases the punishment to the following:

The Governor’s legislative proposals include the following:

1. Causing injury or destroying property in a riot: Felony offense and mandatory jail time.

2. Striking a law enforcement officer during a riot: Felony offense and mandatory jail sentence of at least six months.

3. Using lasers to target law enforcement officers: Felony offense and mandatory jail time.

4. Blocking hospital entrances and exits by protestors or rioters: Felony offense and mandatory jail time.

5. Using fireworks at protests and riots: Criminal offense and mandatory jail time.

6. Aiding and abetting riots with funds or organizational assistance: Felony offense and mandatory jail time. This will also give the Office of the Attorney General power to pursue civil penalties against people and organizations.

Individuals charged with any of these offenses must remain in jail until their first court appearance.

The above are proposals and would need to be worked on to get the details of the level of felony and fines that could be assessed if convicted. Also there will be a constitutional issue of whether a law could deny the right to bail for someone arrested. The 8th amendment is as follows:

The Eighth Amendment 

  • prohibits excessive bail, excessive fines, and cruel and unusual punishments.

The next Texas legislature is the 87th and will begin this next January 12, 2021 through May 31, 2021. Most of the laws passed during this session will usually go into effect September 1, 2021.

For more information about Attorney Eric Torberson take a look at our home page here http://erictorberson.com.

Federal Marijuana Legalization

The current federal law, as of September 2020, designates marijuana as an illegal drug. It is listed as a schedule 1 drug by the DEA. Schedule 1 drugs are considered to not have medical value and are a high potential for abuse. Another drug listed as a schedule 1 drug is heroin. Schedule 1 and 2 have the most regulatory restrictions on research and access.

The More Act 

The Marijuana Opportunity, Reinvestment, and Expungement Act is a bill in the house of representatives that decriminalizes marijuana and removes it from the schedule 1 list of drugs. This a major ground breaking bill that also allows people to expunge their federal record of marijuana offenses.

SAFE Banking Act

The Secure and Enforcement Banking Act is a bill that has passed the house that will allow states that have legalized marijuana to engage in business with licensed marijuana businesses. Currently marijuana businesses are able to accept cash only. Their banking institutions are prevented from operating accounts with funds generated from marijuana sales.

Does the VA Prescribe Medical Marijuana?

The VA does not currently prescribe medical marijuana because it is a schedule 1 drug. The VA is a federal program and must follow federal laws. Hopefully the changes. Veterans in the VA system have to resort to opioids and other meds to cope with their issues that may be resolved by cannabis.

For more information about this site see http://erictorberson.com/

Assault Family Violence Texas

The Texas penal code describes assault as-

A person commits an offense if the person;

  1. intentionally, knowingly or recklessly causes bodily injury to another, including the person’s spouse;
  2. intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
  3. intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

What is the meaning of Family Violence for this offense?

Family violence is defined in the Texas Family Code. It is as follows;
Sec. 71.004. FAMILY VIOLENCE. “Family violence” means:
(1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
(2) abuse, as that term is defined by Sections 261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M), by a member of a family or household toward a child of the family or household; or
(3) dating violence, as that term is defined by Section 71.0021.

Keep in mind roommates who are NOT in a relationship can be accused assault family violence simply because they live in the same household.

What is the punishment for assault of family member in Texas?

The punishment for an assault family violence is a Class A Misdemeanor which is the same for assault charge.

For a subsequent charge of family violence after already being convicted of assault family violence, the person is facing a 3rd degree felony. This is a big leap from a misdemeanor charge.

For a person charged with even recklessly impeding normal circulation of breath or blood by applying pressure to the throat or neck or blocking a person’s mouth is also a 3rd degree felony.

What is Bodily Injury?

Bodily injury is defined in 1.07 of the Texas Penal Code as follows;

Physical pain, illness, or any impairment of physical condition.

Physical pain might be difficult to prove if there are no visible marks or bruises soon after the incident. Even if there are self defense should be ruled out before accusing a person of an offense.

For more information visit my home page http://erictorberson.com

How Much Does a DWI Lawyer Cost?

Call us for more information 888-234-5550

The cost of a DWI lawyer depends on the severity of the DWI charge. DWI cases range from Class B misdemeanors up to 1st Degree Felony charges. The amount of work to do on a case and the potential consequences to a person charged with DWI will (or should) determine the amount charged.

DWI ChargeMax Severity of PunishmentLawyer Cost
Class B Misdemeanor6 months jail$3,000 and up
Class A Misdemeanor1 year jail$4,000 and up
State Jail Felony2 years state jail$6,000 and up
3rd Degree Felony10 years prison$8,000 and up
2nd Degree Felony20 years prison$10,000 and up
1st Degree Felonylife or 99 years prison$12,000 and up
Probable Minimal DWI Lawyer Cost

This chart is a a very loose estimate of what a possibly qualified lawyer would charge as a very minimum. These minimum costs are what the very lowest I would consider charging but only in special circumstances. In most cases my fees will be higher to reflect the work and time needed to properly represent my clients. I have trained several years in defending DUI and DWI cases around Texas.

A lawyer who is not experienced in DWI defense should be upfront with the potential client. It is an ethical duty a lawyer owes to clients.

A DWI case can be complicated and have devastating consequences on a person. This is why it is very important to select a lawyer trained in defending these cases in a competent manner.

For more information see my home page http://erictorberson.com

New Braunfels Tx DWI

9 Ways to Help Win a DWI in New Braunfels

  • Stop Drinking Alcohol While on Bond
  • Maintain a Healthy Diet and Exercise
  • Keep a Positive State of Mind
  • Some Clients Should Attend AA Meetings and/or Counseling
  • Do Not Talk About the Arrest to Other People
  • Be Patient the Case Takes Some Time
  • Have Faith That it Will Turn out Well-This Really Works
  • Hire an Attorney Trained in DWI, DUI, BWI Law
  • Be Prepared to Possibly Need to Hire an Expert Witness

What to do if You’ve Been Drinking and Get Pulled Over

When a driver is being stopped after they have been drinking it is important to correctly pull over. When the police flashers are visible in the mirror the driver should use a signal and safely pull over to the right. Everything is recorded and the negative actions will be in the police report.

New Braunfels DWI Attorneys

Not all attorneys train for the same cases or are willing to take the case to trial. It is important to find the lawyer who will do the best for your case. Your case may not need to go to trial and most cases actually do not. To be effective a lawyer needs to know how to take a DWI, DUI or BWI case to trial. Take a look at my web page here http://erictorberson.com/comal-county-criminal-lawyer.

Comal County Texas DWI Costs

The costs for a Comal County Tx DWI vary. There is a range depending on the severity of the DWI. The amounts below are not exact except for Max Court Fine

Level of DWIBailMax Court FineState Conviction Fine Range Depends if Previous Conviction was Within 36 months
Class B, DWI 1st$1,000-$2,000$2,000$3,000
Class A, DWI .15 or Higher$2,000-$4,000$4,000$6,000 (.15 BAC and up are always $6k)
Class A, DWI 2nd$2,000-$4,000$4,000$3,000-$6,000
State Jail, DWI Child <15 yr $6,000-$8,000$10,000$3,000-$6,000
3rd Degree Felony, DWI 3rd$8,000-$10,000$10,000$3,000-$6,000
2nd Degree Felony, DWI $12,000-$20,000$10,000$3,000-$6,000

How Do I Get Out of a DWI?

Getting out of a DWI can happen many ways. I have gotten them dismissed for various reasons before trial and have won several DWI cases in jury trials. A lawyer needs to determine if an expert is needed. Sometimes the probable cause may be bad or the breath or blood test. Each case is unique.

Canyon Lake BWI

When operating a boat on Canyon Lake it is good to be familiar with the state and local laws. Having alcohol on the lake can be really fun. There are certain roles where alcohol is frowned upon after a certain number of drinks. Driving a boat or any motorized water craft subjects the driver to BWI or Boating While Intoxicated accusations.

Being over .08 BAC while operating a boat on Canyon Lake can be a problem. It can lead to having to do field sobriety tests on a rocking boat and a breath or blood test to determine blood alcohol content.

If the need for a Comal County DWI Lawyer arises take a look at an our web page as well http://erictorberson.com/comal-county-criminal-lawyer.

Can I have Alcohol on Canyon Lake?

It is allowable to have alcohol in the boat on Canyon Lake. The open container law applies to cars but not boats.

What Can Happen Driving a Boat Drunk?

If a boat operator is proven to have been driving a boat intoxicated the punishment is the same as a DWI. Below are the punishments for the different BWI charges.

Offense LevelMax FineMax Jail Time
BWI First Offense$2,000180 days
BWI Second Offense$4,000360 days
BWI Third Offense$10,00010 years

The above negotiable punishments do not include the September 1, 2019 law changes that created expensive state issued fines on top of the county fines listed above.

In the Texas Transportation Code Chapter 709 the following new nonnegotiable additional miscellaneous traffic fines exist where there used to only be significantly less surcharge costs-

DWI or BWI Conviction LevelState Fine
First Conviction within 36 month period$3,000
Second or Subsequent Conviction within 36 month period$4,500
First or Subsequent Conviction with .15 BAC or Higher$6,000

The above state fines are not negotiable and are mandatory for a DWI final conviction. Once again these are in addition to the county assessed fines that take place in court where there is a conviction.

Texas DWI Blood Test

Texas and all other states test for Blood Alcohol Content (BAC) when a driver or operator is suspected of intoxication after stopped by the police. Some jurisdictions ask for a breath test first and then if refused, get a warrant. Some first ask for a blood test and get a warrant if it is refused.

What is Tested For in a DWI, BWI DUI Blood Test?

A blood test vial will be examined for alcohol and maybe drugs as well. It depends what the cop who makes the arrest requests. It takes extra work to test for both alcohol and drugs. If a person looks or acts intoxicated and does not smell of alcohol, the test may only test for drugs either prescription or illegal.

How Long Does it Take to Get Blood Alcohol Test Results?

Blood test results vary. In Texas it usually take a few months. The laboratories are usually backed up with blood testing. A test can be rushed but it will need to be a special case such as one involving a death.

Who Can Draw a Blood Specimen in a DWI Case?

A consensual blood alcohol specimen in Texas must be taken in a sanitary place and only by the following:

  • a physician
  • a qualified technician
  • a registered professional nurse
  • a licensed vocational nurser or
  • a licensed or certified emergency medical technician-intermediate or emergency medical technician-paramedic authorized to take a blood specimen subject to Texas Transportation Code 724.017 (c) below.

Texas Transportation Code 724.017 (c) says a licensed or certified emergency medical technician-intermediate or emergency medical technician-paramedic may take a blood specimen only if authorized by the medical director for the entity that employs the technician-intermediate or technician paramedic.

If a licensed or certified emergency medical technician-intermediate or emergency medical technician-paramedic takes a blood specimen at the request or order of a peace officer the peace officer must:

  • observe the taking of the specimen and
  • immediately take possession of the specimen for the purposes of establishing a chain of custody

What is a Medical Director?

A medical director is a licensed physician who supervises the provision of emergency medical services by a public or private entity that provides those services and employs one or more licensed or certified emergency medical technician-intermediates or emergency medical technician-paramedics.

Who Can Draw my Blood When I Refuse a Blood Test?

The above rule 724.017 is specified for a consensual (voluntary) blood draw. It does not apply to a refused blood test where a warrant is issued for a blood draw.

The Texas court of criminal appeals said in State v. Johnston, 336 S.W.3d 649 (Tex. Crim. App. 2011) –

“We agree with the court of appeals’s determination that Chapter 724 is not controlling authority when it comes to determining the reasonableness of how a blood draw was performed under the Fourth Amendment. In Beeman v. State, we held that Chapter 724 is inapplicable when there is a warrant to draw blood; therefore, compliance with Chapter 724 is not necessary to satisfy the Fourth Amendment.[51] Whether a blood draw is conducted pursuant to a warrant or not, the assessment of reasonableness is purely a matter of Fourth Amendment law.”

In Cavazos v. State, 969 S.W.2d 454 (Tex. App. 1998) the court allowed a phlebotomist’s testimony to hold her qualified over the defense’s objection. “Phlebotomists are not per se qualified to draw blood, but may be qualified based on their job duties or experience Martinez v. State (Tex. App. 2014).” See the following:

“At trial, Williams testified that her title was “phlebotomist,” she was trained as a medical assistant, and her responsibilities include drawing blood. The hospital had employed her in that capacity for over one year and she also had three-and-a-half years’ experience drawing blood for a physician. She also had prior experience conducting police-ordered blood draws. Williams described the procedure for conducting a police-ordered blood sample and the importance of not using alcohol when drawing blood for a blood-alcohol analysis. Williams, following police protocol, also signed her name on the tube containing Martinez’s blood. Viewing the evidence in the light most favorable to the trial court’s ruling, we hold that the trial court did not abuse Martinez v. State (Tex. App. 2014)”

So a person can draw blood in a warrant case who has no formal training but merely on the job training-

“Becknauld testified that while she had no formal training, she had been a phlebotomist for the past twenty four years.” Torres v. State, 109 S.W.3d 602, 2003 WL 21283663 (Tex. App. 2003)

What Location is Used For a Blood Draw?

All law enforcement phlebotomy programs outline specific guidelines, typically following OSHA standards, requiring that all blood draws be conducted in a controlled setting and on a stable surface. This does not include a car trunk or a backseat.

Blood Test Kit

Prior to the blood draw the phlebotomist shall verify the expiration date on the outside container is not expired. The expiration date should coincide with the expiration dates on the enclosed tubes. There is a lot number on the outside container. The phlebotomist shall record the expiration date and the lot number on the Phlebotomy Blood Draw Report.

What Tubes Are Used For DWI Blood Tests?

The test kit has gray topped evacuated blood test tubes used for blood alcohol screening. The DWI and DUI alcohol testing specifically require gray topped tubes. They have two chemical additives inside. The additives are:

  • Sodium Fluoride an antiglycolytic agent which inhibits the metabolic breakdown of glucose (blood sugar) by blood cells.
  • Potassium Oxalate an anticoagulation agent.

The Phlebotomist SHALL NOT use expired tubes.

The phlebotomist shall verify that the integrity of the tube is intact and visually ensure that the chemical additive is present. This is very important. In 2019 the New Jersey tube manufacturer Becton Dickinson & Company had tubes that were missing the additives. The resulting test could have been inaccurate by being falsely high or low if tested more than two days after storage at room temperature.

The FDA documents the voluntary recall for BD Vacutainer Fluoride Tubes for Blood Alcohol determinations Part Number: 367001- https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfRES/res.cfm?id=173340

The FDA approved the termination of the recall on May 5, 2020- https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfCFR/CFRSearch.cfm?fr=7.55

More information is to come.

Click here for BAC Chart.

Take a look at my home page at http://erictorberson.com

DWI Case Intoxilyzer 9000

What is the Intoxilyzer 9000?

This machine is used to determine a driver’s blood alcohol content after being arrested for DWI or the other variations of operating such as DUI, DWI, BWI etc. The Intoxilyzer 9000 is the alcohol breath test machine that Texas and many other states use. Texas has used it since 2015 replacing the Intoxilyzer 5000.

The Intoxilyzer 9000 measures a breath test by giving grams of alcohol per 210 liters of breath. When testing a driver’s breath the machine operator will have the driver blow into the machine twice within 3 minutes. The two readings my not be farther apart than 0.02 g/210 L.

Lambert-Beer Law

The Intoxilyzer 9000 uses the Lambert-Beer Law which states that the amount of energy absorbed by a particular substance is proportional to the number of absorbing molecules in the sample. The amount of infrared energy absorbed in a breath sample is proportional to the amount of ethanol present in a breath sample blown into the sample chamber.

Infrared Spectrometry Breath Test

The Intoxilyzer 9000 uses infrared spectrometry (IR) to measure alcohol in breath. IR analysis is the absorption of infrared energy by alcohol molecules in breath. It measures the absorption of radiant energy by a substance.

IR is a lower frequency wavelength than the visible light that we see. The amount of IR energy absorbed by the breath sample is proportional to the amount of ethanol (alcohol). This is again measured as grams of alcohol per 210 liters of breath. The machine uses multiple wavelengths of IR energy to detect substances in the breath. The machine is supposed to be able to differentiate between different substances in the breath such as alcohol and acetone.

Diabetic Ketoacidosis

Diabetic ketoacidosis is a condition with diabetics where their breath smells like acetone. This is due to a high number of ketones in their blood. When the body breaks down fatty acids for energy the liver releases ketones. When there is too much glucose in the blood and not in the cells the ketones can rise too high.

Intoxilyzer Calibration

The machine like other machines requires maintenance. Part get worn and break. The 9000 needs to be calibrated or it is not accurate. It only measures as well as it is calibrated. There is a simulator solution that delivers a known measurement of alcohol to the machine to test and calibrate the instrument. This is a calibration verification.

Known solutions are created by technical supervisors and are called reference sample solutions. If the reference sample solution is miscalculated or wrong the machine’s test reading will be inaccurate as well. Two calibration verifications are conducted for each test done. The acceptable range for the calibration verification is 0.070 to 0.090 g/210 L. Any results outside this range will stop the test.

The solution must be between 33.80 to 34.20 degrees celsius. The instrument is supposed to stop the test if outside this range.

15 Minute Observation

For the breath test results to be valid the breath test operator must be in the presence of the test subject AT LEAST 15 minutes immediately before the test. This is to ensure that the subject has not placed any substance in their mouth. The 15 minute observation needs to be repeated if anything is put into the subjects mouth. This is to make sure there is no mouth alcohol present. Only certified breath test operators may conduct a 15 minute observation.

If the two tests differ by more than 0.02 g/210 L it would likely indicate residual or mouth alcohol and the breath test is invalid. This can happen if a person burps. That would be an inaccurate breath test because stomach gas would spike the alcohol IR reading.

The 9000 requires the operator to check the blue button by tapping it and typing yes that the 15 minute observation was conducted. The operator must sign in the box on the touchscreen.

Starting the Intoxilyzer 9000

After signing the box for the observation period the machine begins a testing sequence by checking itself. Any errors that the machine has are supposed to show. How do we know the self testing is not flawed? The machine conducts air blanks during the process and purges the sample chamber with room air. This result tested must be 0.00 or the 9000 is supposed to stop.

Once the machine is started the operator asks the subject to blow steadily into the machine twice. All evidential tests are stored in the Intoxilyzer 9000 in PDF documents. The report can be printed out at any time.

For more information take a look at http://erictorberson.com

What is Deferred Adjudication in Texas?

Deferred adjudication probation is a form of probation where the defendant pleads guilty or no contest, to a class B misdemeanor or higher, in front of a judge. The judge may accept the defendant’s plea and defer further proceedings without entering an adjudication of guilt. The judge then places the defendant on deferred adjudication community supervision.

A defendant is NOT eligible for deferred adjudication for the following:

  • Trafficking of Persons
  • Continuous Trafficking of Persons
  • Driving While Intoxicated with Child Passenger
  • Flying While Intoxicated
  • Assembling or Operating an Amusement Ride While Intoxicated
  • Intoxication Assault
  • Intoxication Manslaughter
  • Driving While Intoxicated with a Commercial Driver’s License
  • Driving While Intoxicated with .15 or higher BAC
  • Boating While Intoxicated with a Commercial Driver’s License
  • Boating While Intoxicated with .15 or higher BAC
  • Certain Drug Offenses Committed in Drug Free Zone
  • Indecency with a Child
  • Sexual Assault
  • Aggravated Sexual Assault
  • Aggravated Promotion of Prostitution
  • Compelling Prostitution
  • Aggravated Assault
  • Murder, except if the judge determines defendant did not cause death, intend to kill, and did not anticipate that a human life would be taken

For more information on DWI cases and deferred adjudication take a look at this blog post http://erictorberson.com/can-i-get-deferred-adjudication-for-a-dwi-in-texas.

How Long is Deferred Adjudication?

Deferred Adjudication for felony cases is a maximum of 10 years. For misdemeanor cases the maximum length of deferred adjudication is 2 years. A misdemeanor probation can be extended to 3 years.

The 3 year misdemeanor probation may again be extended another 2 years if the defendant has failed to pay money and the 2 year addition extension will increase the likelihood that the money will be paid.

Deferred Adjudication and Employment

A background check will allow employers to see the arrest. There is no adjudication so there will be no conviction showing on a background check.

How Do I Get Deferred Adjudication Off My Record?

Once Deferred Adjudication is completed the defendant is eligible for a Non Disclosure. For a felony there is a 5 year waiting period.

For a misdemeanor there is a 2 year waiting period after probation if the offense was under Texas Penal Code Chapter 20, 21, 22, 25, 42, 43 or 46.

Penal Code ChapterMisdemeanor Charge 2 year Waiting Period
20Operation of Stash House, Unlawful Restraint
21Public Lewdness, Indecent Exposure
22Assault
25Harboring Runaway Child, Violation of P.O.
42Disorderly Conduct, Obstruction of Highway, Harassment, Abuse of Corpse, Cruelty to Livestock Animals, Attack on Assistance Animal, Cruelty to Nonlivestock
Animals
43Prostitution
46Unlawful Carrying Weapons, Unlawful Possession of Firearm

Once the defendant is eligible he or she will file a petition with the court for an order of nondisclosure. The state is sent notice for an opportunity for a hearing. If the judge considers it in the best interest of justice, the court shall sign an order prohibiting criminal justice agencies from disclosing criminal history records relating to the offense placed on deferred adjudication.

For more information take a look at my home page http://erictorberson.com

Affordable Criminal Lawyers in San Antonio

Getting a great San Antonio criminal defense attorney does not have to cost a fortune. Some bad lawyers charge a lot of money and some good lawyers charge a reasonable fee. So do not lose hope while looking for the best San Antonio criminal defense lawyer for your case.

Call Us Now

Call (210) 816-4445

A lawyer ultimately is supposed to want to help people. My goal is to be the best representative that I can be for my clients. I do not have to personally agree with every decision or their personal beliefs. Those are personal issues that have no role in the effort and skill that I put into a case. People make mistakes and I solve their problems. Sometimes it is easy and other times it is difficult.

Take a look at my San Antonio Criminal Attorney webpage http://erictorberson.com/san-antonio-defense-lawyer

Pro Bono Lawyers in San Antonio Texas

Pro bono cases are tough because a lawyer has bills to pay like anyone else. I occasionally do pro bono cases. They usually involve saving an animal from death such as a dog. It does not hurt to ask but it can be difficult to find a lawyer with the time and availability to take a San Antonio pro bono case.

Cheap Lawyers in San Antonio Texas

The word cheap can have a negative meaning. But it does not necessarily mean a bad lawyer. Be very careful when looking for a cheap lawyer in San Antonio Tx. Some out there will take your money and never call you again. I have heard several stories of attorneys taking a clients money with no intention of working on their case. You need to talk to the lawyer and get a feel for what they are like. Ask if they will be contacting you about updates on your case. That is very important.

I alway keep my clients updated. I call them immediately with news so they are never needing to feel like they are prying information out of me.

San Antonio Lawyers Free Consultation

I have always provided a free consultation for clients. If I feel like I am being taken advantage of then that may change. My belief is that I need to sit down with a client and discuss all the details before I can ethically take the case. That should not cost money.

It is just common sense to talk about a case before taking it. If I am just be used to give legal advice then that may or may not be ok. That can usually just be done over the phone. Again I am an attorney here to help people.

Take a look at my home page for more information and also my San Antonio Criminal Defense Lawyer page at http://erictorberson.com/san-antonio-defense-lawyer/

San Antonio Traffic Lawyer

Getting traffic tickets are a part of life. Dealing with them can be frustrating and time consuming. It is best to hire a traffic ticket attorney in San Antonio to deal with it. You will have a much better chance of keeping it off of your record. Call the number below and get started-

Call (210) 816-4445

You definitely want to keep the ticket off your record. I get many dismissals. It is never a guarantee for a dismissal but that is the goal. If that is not quite possible I can almost always keep it off my client’s record with minimal requirements.

Click for more information on my San Antonio Lawyer page.

San Antonio Traffic Tickets

Most San Antonio traffic tickets will go through the San Antonio Municipal Court. If they are not in the San Antonio city limits they will be in outlying suburb courts around the city. They might also be in the county where appearances are in the JP courts.

San Antonio Muni Court is a very busy place. If you do not have to it is advised not to go yourself. Parking and security is a hassle. Hiring an traffic ticket lawyer in San Antonio to handle it is the best advice.

San Antonio Warrants

Having warrants can happen by forgetting to resolve traffic tickets. This will be a good time to hire a lawyer to step in and mitigate the damage. Many times some of the tickets can be dismissed and the high fines can be reduced to an affordable resolution.

CDL Traffic Lawyer

These are very important to keep of a driver’s record. A CDL ticket can have major consequences on a truck driver’s license and ability to earn a living. Hire a San Antonio CDL lawyer asap.

Visit my criminal defense page for more information about my practice. http://erictorberson.com/san-antonio-criminal-defense-lawyer

San Antonio Criminal Defense Lawyer

Looking for the best San Antonio Criminal Defense Attorney can be a difficult and high-pressure decision. Unfortunately hiring a lawyer usually needs to take place fairly quickly while juggling a busy work schedule.

Trust is very important when finding someone to represent you. It may not be easy to determine if there is trust or confidence enough to pay money over to your new attorney. There are many attorneys in San Antonio. But how many will do their best to represent you with 100 percent effort?

Searching for criminal lawyers in San Antonio can generate various choices along the spectrum of experience and skill. Take a look at my page before calling anyone else

http://erictorberson.com/san-antonio-defense-lawyer.

I have handled various cases and won several jury trials when the case needed to taken that far.

Criminal Defense Attorney San Antonio

I handle various cases in several counties in Texas. Being able to negotiate wisely for my clients best interest is very important to me. I enjoy it and keep my practice up in order to stay at my best.

My cases include DUI, DWI, Drugs, Assault, Theft, Weapons etc. All misdemeanors and felony cases.

There is no shortage of lawyers who will be happy to take your money and then not try. My goal is for my clients to be happy that they hired me once the case is over. They know I worked hard and explored every option along the way with them.

If you aren’t sure what to ask while searching for the best criminal defense attorney in San Antonio, Texas here are some ideas for you to inquire about:

  • Loyalty
  • Experience
  • Knowledge
  • Integrity
  • Will to win
  • Training
  • Dependability

These are just a few qualities to look for in a lawyer. (Or generally for anyone who will work for you.)

You should consider me, Eric Torberson. Im a United States Marine Veteran. I say that not to brag but to illustrate that I am disciplined and won’t quit or be intimidated by anyone. I also know how to say what needs to be said and how to help my clients the most.

Bexar County Suspended Driver’s License

If you need an occupational driver’s license in San Antonio, Bexar County, take a look at this website for information https://criminallawyerinsanantonio.com/occupational-license-bexar-county

For more San Antonio Criminal Defense Attorney questions take a look at my webpage http://erictorberson.com/san-antonio-defense-lawyer.

Personal Bond in Texas

First of all “Bail” is security given by an accused to appear in the proper court because of an allegation. Bail includes a bail bond or a personal bond. The purpose is to secure the presence of an accused in trial for an accusation against him or her.

What is a Personal Bond?

A personal bond, sometimes known as a PR Bond, is where a magistrate releases an arrested person on personal bond without a surety or other security.

A surety is a set amount of money that a person must post in order to be released from jail. The full amount can be posted or a percentage paid to a bail bondsman. The good thing about a personal bond is that the arrested person can save the money for something else. Surety money is returned after the case is concluded. But money paid to a bondsman, usually around 10 percent, is a fee that the bondsman keep for providing their services.

How Does a Personal Recognizance Bond Work?

A personal bond in Texas can be given by any magistrate. There are a few exceptions where the court before whom the case is pending may only release the defendant on a personal bond. Those exceptions are listed below:

  • Capital Murder
  • Aggravated Kidnapping
  • Aggravated Sexual Assault
  • Deadly Assault on Law Enforcement or Corrections Officer
  • Injury to a Child, Elderly, or Disabled
  • Aggravated Robbery
  • Burglary
  • Engaging in Organized Criminal Activity
  • Continuous Sexual Abuse of a Child
  • Continuous Trafficking of Persons
  • Ch 481 and 485 Health and Safety Code Drug Cases with over minimum sentences of a first degree felony (5 years).

Refusal to submit for testing ordered by the magistrate for alcohol or drug abuse can revoke a personal bond.

What is Required for a Personal Bond?

The defendants:

  • Name
  • DOB
  • Place of birth
  • Address
  • Place of employment
  • Height
  • Weight
  • Hair color
  • Eye color
  • Drivers license and state
  • Nearest relative name and address if any
  • Oath signed by defendant:

“I swear that I will appear before (the court or magistrate) at (address) Texas, on the (date), at the hour of (time) or upon notice by the court, or pay to the court the principal sum of (amount) plus all necessary and reasonable expenses incurred in any arrest for failure to appear.”

For more information look at http://erictorberson.com

Texas Castle Law

What is Castle Doctrine in Texas?

Every state makes their own laws for people present within its borders. Not all state laws allow for the Castle Doctrine. In Texas. person’s home is their castle. A person can use deadly force if they reasonably believe deadly force is immediately necessary under various criteria.

When Can Deadly Force be Used in Texas?

When a person reasonably believes deadly force is necessary it can be used in the following circumstances:

  • A person can use deadly force against the other person’s attempted use or use of deadly force
  • To prevent a person’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, aggravated robbery (bodily injury caused during theft while using a deadly weapon or serious bodily injury caused during a theft)
  • Against someone unlawfully and forcefully attempting to enter or entering another person’s home, vehicle or employment.
  • Against someone unlawfully or forcefully attempting to remove or removing a person from their home, vehicle, or employment.
  • Against someone who was unprovoked
  • Can be used if the person using it is not involved in criminal behavior higher than a Class C misdemeanor.

Is There a Duty to Retreat in Texas?

In Texas “stand your ground law” there is no duty to retreat from a location where the person has a right to be. Also the person using force to the degree he or she believes reasonably necessary cannot have provoked the the other person or be committing criminal activity above a class C misdemeanor.

Again the force may be deadly force when and to the degree the actor reasonably believes the deadly force is immediately necessary.

Can You Use Self Defense Against a Police Officer?

Generally speaking, under Texas Penal Code 9.31, it is not legal to resist an arrest or search by a police officer even if the arrest or search is unlawful. But the use of force to resist an arrest or search is justified if before resisting, the police uses or attempts to use greater force than necessary. The actor may use force to resist to the reasonable degree necessary to protect against the peace officer using greater force than necessary.

Defense of Others Law

Can you use deadly force to protect someone else?

Yes a person can use deadly force against another to protect a third person. The person using force must reasonably believe he or she would be justified in using deadly force to protect against unlawful force or unlawful deadly force. Also the person protecting the 3rd person must reasonably believe that intervention is immediately necessary to protect the person.

Put another way, so long as the person using deadly force to protect the third person reasonably believes that the third person would be justified in using deadly force to protect themselves.

Can You Use Deadly Force to Protect Property in Texas?

Yes. A property owner can protect land and tangible movable property. This is when and to the degree there is a reasonable belief deadly force is immediately necessary such as preventing imminent commission of the following:

  • Arson
  • Burglary
  • Robbery
  • Aggravated Robbery
  • Theft during the nighttime
  • Criminal Mischief during the nighttime

Or prevent someone fleeing after committing one of the above listed crimes. And the person protecting the property reasonably believes that the land or property cannot be protected or recovered by any other means. Deadly force is allowed when the actor’s use of less than lethal force would risk substantial risk of death or serious bodily injury.

Can I Use Force to Protect Another Person’s Property?

Yes protecting another person’s property is allowed as if the property was his or her own and under the circumstances above. There must be a reasonable belief that the 3rd person requested his or her protection or a legal duty to protect it.

Can I use a Device to Protect Property?

Yes a device is allowed to protect land or tangible movable property if it is not known by the installer that it is designed to cause or create a substantial risk of serious bodily injury or death. The device must be reasonable under the circumstances known to the person installing the device.

Take a look at my home page for more information http://erictorberson.com

Texas Marijuana Laws

As of 2020 possession of marijuana is still illegal in Texas. The following chart lays out the punishment range for the amount of possession of marijuana:

Class B Misdemeanor 2 oz or lessup to 6 months jail
Class A Misdemeanor2-4 ozup to 1 year jail
State Jail Felony4 oz-5 lbs6 months to 2 years prison
3rd Degree Felony5 lbs-50 lbs2-10 years prison
2nd Degree Felony50 lbs-2000lbs2-20 years prison
1st Degree Felony2000 lbs or more5-99 years prison

Leaving the Scene of an Accident

Leaving the scene of an accident is what is called a ‘hit and run’. In Texas it can range from a class C misdemeanor all the way up to a 2nd degree felony. A class C misdemeanor if punishable by a fine of up to $500 and a 2nd degree felony is punishable by up to a $10,000 fine and 20 years in prison if death resulted.

Duty on Striking an Unattended Vehicle Texas

Texas Transportation Code Section 550.024 requires a driver who strikes an unattended vehicle to stop, find, and give that owner the name and address of the operator and the owner of the vehicle that struck the unattended vehicle. If the unattended vehicle owner is not around then leave a written notice giving the name and address of the operator and the owner of the vehicle that struck the unattended vehicle and a statement of the circumstances of the collision.

Leaving the scene without leaving information is a crime. If the damage is less than $200 it is a class C misdemeanor and if more than $200 it is a class B misdemeanor.

Duty on Striking Fixture

Texas Transportation Code Section 550.025 addresses striking a structure, fixture or highway landscape. If damage is done adjacent to a highway the law requires the operator to notify the owner or person in charge of the property of the accident and of the operator’s name and address and the registration number of the vehicle the operator was driving.

If there is injury or death, or there is damage to the extent of $1,000 or more the operator must make a report to the department of public safety within 10 days if law enforcement does not investigate the accident.

If the damage is less than $200 it is a class C misdemeanor and if more than $200 it is a class B misdemeanor to leave without providing the required information.

Accident Involving Personal Injury or Death Texas

Texas Transportation Code 550.021 directs the vehicle operator who is involved in an accident that resulted or is reasonably likely to result in injury or death to immediately stop at or as close to the scene as possible.

The operator must return to the scene and immediate determine whether a person requires aid. The operator shall not unnecessarily obstruct traffic.

The operator will be required to give their name, address and registration number of their vehicle and liability insurer to any person injured, an occupant or operator of the vehicle involved in the collision.

The operator of the vehicle that involved injury or death must provide any injured person reasonable assistance including transportation or arrangements for transportation to a physician or hospital. At a minimum the operator must remain at the scene until emergency personnel or someone who the driver knows is capable of providing medical assistance arrives.

What if I Didn’t Know I Hit Someone?

In a 2018 case Curry v. State, the Texas court of criminal appeals affirmed the trial court ruling that if someone is in an accident they must stop, investigate and determine whether a person was involved and render aid. The state need not prove that the defendant knew that another person was injured in the accident.

Hit and Run Dog Law Texas

Texas Penal Code Section 42.092 Cruelty to Non-livestock Animals makes it a crime to recklessly cause serious bodily injury or kill a domesticated animal in a cruel manner. It is also against the law to recklessly kill or cause serious bodily to a domesticated animal without the owner’s consent. A crime under this section is a 3rd degree felony and up to 10 years in prison and a $10,000 fine.

A person also cannot cause a domesticated animal bodily injury without the owner’s consent. This is a class A misdemeanor and up to 1 year in jail and $4,000 fine.

What Accidents Do Police Do Reports On?

A law enforcement officer shall make a written report of the accident if the accident resulted in injury to or the death of a person or damage to the property of any one person to the apparent extent of $1,000 or more.

The report required by Subsection (a) must be filed electronically with the department of public safety not later than the 10th day after the date of the accident.

Check out my home page at http://erictorberson.com

Texas Vehicle Open Container Law

What is an Open Container?

An open container is a bottle, can or other receptacle that contains any amount of an alcoholic beverage and is open, has been opened, has a broken seal, or is partially empty.

The other important part of the open container law is that it takes place in the passenger area of a motor vehicle on a public highway. This is the area designed for the seating of the operator and passengers.

Where Do I keep My Open Alcohol or Liquor Bottle When Driving?

A opened bottle of alcohol is not a violation while driving if it is kept in certain places in the vehicle. The following areas are ok:

  • Glove Compartment that is locked
  • The trunk of the vehicle
  • If there is no trunk behind the last upright seat

This means that in a pickup truck the open container can be in the bed of the truck or behind the furthest back seat where there is room to store the container.

What is a Public Highway?

A Public Highway is in between or adjacent to the boundary lines of a public road, street, highway, interstate or other public maintained way for public use of motor vehicle travel.

Exceptions to the Open Container Law

There are exceptions to the open container law. The passenger area of vehicles used as transportation for compensation such as a bus, taxicab or limousine are not illegal places to possess an open container of alcohol.

Also excluded from being places of illegal possession of open containers are the living quarters of a motorized house coach, trailer, camper, motor home or a recreational vehicle.

What is the Penalty for Open Container in a Motor Vehicle?

The penalty for Open Alcoholic Beverage in a Motor Vehicle is a class C misdemeanor.

Can I be arrested for Open Container of Alcohol?

Yes a person can be arrested but only if they refuse to sign the ticket for notice to appear in court. The officer cannot arrest a person for the offense of Possession of Alcoholic Beverage in Motor Vehicle Texas Penal Code 49.031.

Check out my home page for more information here http://erictorberson.com

San Antonio Noise Ordinance

What are the City of San Antonio Noise Ordinance Times?

The San Antonio Noise Ordinance daytime/evening times are 6 a.m. to 10 p.m. Sunday through Thursday. On Friday and Saturday the time 6 a.m until 11 p.m. Conversely the “nighttime” is 10 p.m. to 6 a.m. Sunday through Thursday and 11 p.m. to 6 a.m. Friday and Saturday.

Noise OrdinanceMonday-ThursdayFriday-Saturday
Daytime6am-10pm6am-11pm
Nighttime (-7 dB)10pm-6am11pm-6am

*To learn more about our San Antonio Law office click this link http://erictorberson.com/san-antonio-defense-lawyer/.

How is Sound Measured?

Sound is measured by a weighted sound pressure level using a sound level meter and A, B, or C frequency weighting network.

For more information the American Standards Institute specifications are used.

A-weighting is used if not specified otherwise. A-weighting measures response of what the human ear hears cutting out lower and higher frequencies. It is general purpose measurements.

B-weighting is not commonly used and won’t need to be discussed.

C-weighting measures more to a humans response to a peak noise levels and some entertainment level noise measurements.

What is a Sound Level Meter?

A sound level meter is an instrument including:

  • microphone
  • amplifier
  • RMS detector
  • integrator or time averages
  • output meter
  • weighting network to measure sound pressure levels

You may want to purchase your own Decibel Meter to measure the sound. This can either prove or disprove a case. Click this Decibel Meter to look for Amazon meters.

How Loud is Too Loud in San Antonio?

The upper limit decibel level depends on how the property is zoned where the noise is coming from. The decibel measurement is taken from an adjacent property under separate ownership.

On residential zoned property the limit is 63 decibels. Subtract 7 decibels at nighttime, 10 p.m. to 6 a.m. Sun though Thursday and 11 p.m. to 6 a.m. Friday and Saturday.

For business zoned property the upper limit is 70 decibels except at nighttime subtract 7 decibels.

Industrial zoned property cannot make noise above 72 decibels unless at nighttime then subtract 7 decibels.

Entertainment zoned property is allowed 85 decibels subtracting 7 decibels at nighttime.

What is a San Antonio Noise Nuisance?

The San Antonio noise nuisance exceeds the limits stated above, or it is a loud, irritating, vexing, or disturbing sound originating from nearby property under separate ownership. The nuisance causes injury, discomfort, or distress to a person of reasonable nervous sensibilities.

What are the Riverwalk Noise Standards?

The nighttime 7 decibel subtraction does not apply to the River Walk area. Establishments cannot place speakers on or near the patio location outside the enclosed building.

The maximum decibels allowed are 72 dB A-frequency weighting and 80 dB C-frequency weighting.

What Time is Noise Curfew in Bexar County?

There is no ordinance or specifically outlined law about a noise curfew in Bexar County outside of a city limits. This does not preclude a noise violation covered under Disorderly Conduct Chapter 42 of the Texas Penal Code.

Outside the city limits in Bexar County is similar to any county where a Texas Noise Nuisance would be covered by the state disorderly conduct statute. City ordinances apply within their own particular city limits only.

The Disorderly Conduct offense of noise covers unreasonable noise, not including a sport shooting range (defined in Local Govt Code 250.001), in or near a private residence that he or she has no right to occupy.

Important Note: Noise is presumed to be unreasonable if it exceeds 85 decibels after the person making the noise receives notice from a magistrate or peace officer that the noise is public nuisance.

Noise is defined in Texas caselaw to be loud, confused, or senseless outcry, or a sound noticeably loud, harsh, or discordant. That definition can include music.

Who Gets The Ticket?

At a private residence, during a violation, any adult, adult guest or adult trespasser who could control the level of noise can be cited if a resident is not present.

At a business any owner, manager, operator, employee or person operating the noise making device may be cited for the noise violation.

For unattended noise makers the person who leaves the noise making device, child or animal unattended is responsible.

San Antonio Noise Violation Fine

A violation of the San Antonio noise ordinance results in a fine. For a person with no intent to violate the noise ordinance the penalty is a Class C misdemeanor with a fine of $100-$500.

For a person who purposefully or even recklessly violates the San Antonio noise ordinance the fine is from $100 to $2,000. For a previous conviction the minimum fine becomes $200. After 2 previous convictions the minimum fine is $300 thereafter.

Each day’s violation is a separate fine.

Conclusion

A person or establishment will want to know the particular noise ordinance that applies to them. This can be a costly ticket or series of citations if given over multiple occasions.

The best protection is to purchase a decibel meter and periodically measure the sound at the edge of a particular property that could possibly lodge a complaint. Being proactive will always look better to a compliance officer. Take note of the recordings in case they are needed in the future.

If you are looking for criminal lawyers in San Antonio take a look at http://erictorberson.com/san-antonio-defense-lawyer. Reach out for more information.