Is There a Texas State Law Noise Ordinance? State law and an ordinance are 2 different things. The ordinances in a particular city are different than a law governed by the state statutes. Does a state law noise ordinance exist? No, it does not an ordinance is local city law. Many cities have passed their …
You have been arrested or charged with a Texas DWI or DUI. You now are facing a driver’s license suspension and need advice fast. Quick action is needed but it is not a hopeless, impossible situation to try and save a driver’s license from a suspension. Winning a Texas ALR suspension hearing is not impossible. …
What is Blood Alcohol Content? Blood Alcohol Content (BAC) is also called blood alcohol concentration and is the measurement of alcohol in the blood. It is expressed in mass/mass (mg/g or g/kg) or mass/volume(g/L or g/100 mL) units. The difference in units is extremely important for an accurate measure of alcohol in the bloodstream. Serum …
What is Aggravated Assault in Texas? This is a serious Texas crime that is punishable as a 1st or 2nd Degree Felony depending on the circumstances. The crime involves the commission of an assault that causes serious bodily injury to the victim or during the commission of an assault, the actor exhibits a deadly weapon. …
A Texas arrest warrant can be issued for several different reasons. If the police think a crime has been committed a detective will put together a description of evidence into a probable cause affidavit. It will then be used to support an application for an arrest warrant. Once the arrest warrant is signed by a …
Lawyers, like many people, are asked all the time about what it is that they do for work. The lawyer will answer, “I practice law.” But the inevitable next question will be “what kind of law do you practice?” The person asking is usually eagerly awaiting to hear the answer. Sometimes they are not greatly impressed when …
Black’s Law Dictionary defines perjury as the willful assertion as to a matter of fact, opinion, belief, or knowledge, made by a witness in a judicial proceeding as part of his evidence, either upon oath or in any form allowed by law to be substituted for an oath, whether such evidence is given in open …
Believe it or not, but any kind of animal cruelty was not a felony in Texas until 2001. It took Loco, a Dallas puppy, to be temporarily stolen and his eyes gouged out, to make some animal cruelty actions a felony. Even though our pets are seen as family, animal protection laws in the United …
There are several ways a dog can get in hot water. The law at the state level has statutes that cover Texas. Many municipalities have also made their own ordinances to punish dogs accused of scaring, attacking or biting people or other animals. For questions or representation take a look at https://www.erictorberson.com/texas-animal-lawyer and contact me. …
Texas drone legislation was introduced in 2013. Prior to that no state legislation existed in Texas. The 2013 Texas Drone Privacy Act makes it illegal to capture images of private property. The act was introduced and passed not long after it was discovered that the Columbia Packing Plant in Oak Cliff, Texas was dumping pig …
Mailing drugs without a license is a federal offense. Sending drugs legally through the mail requires a license with the DEA. This is considered distribution of a controlled substance. To apply, a person or business must be of the following: manufacturers, distributors, researchers, canine handlers, analytical laboratories, importers, and exporters. Chapter 13 Title 21 U.S.C. …
Dui stands for driving under the influence. Dwi is driving while intoxicated. The specific use of these terms describing a crime for a person in the United States depends on which state the driver is in. Also the driver’s age may determine the term as well. Texas Dui and DWI Texas uses Dui to describe …
A Texas Protective Order begins with an application. Under the Texas Code of Criminal Procedure Chapter 7A a victim, or parent or guardian of a victim younger than 17, who is the victim of continuous sexual abuse of a child, indecency with a child, sexual assault, aggravated sexual assault, and stalking may apply for a …
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 Texas Possession of Drug Paraphernalia (PODP) is a class C misdemeanor punishable by up to a $500 fine. Delivery of Drug Paraphernalia or possession with intent to deliver is a class A misdemeanor. With a previous conviction the minimum jail time is 90 days. Delivery or possession with intent to deliver to a child under …
In Phoenix, Az in 1963 Ernesto Miranda was asked to accompany police officers to the station to answer question about the kidnapping and rape of 18 year old Lois Ann Jameson. Miranda voluntarily went the station. He stood in a lineup and afterward asked how he did. The officer told him he was positively identified. …
I handle various criminal defense cases in Texas. Some of the Texas Statutes can affect a person’s Texas drivers license. Call or contact me at 512-340-7300 or 512-713-0015. I work very hard to keep my client’s license from being suspended and also to keep their records clean. Administrative Driver’s License Revocation Suspension Over 21 For …
A possession of a drug charge requires a person to be in actual possession of a controlled substance. “Possession” is defined in the Texas Penal Code as actual care, custody, control, or management. This is the same for misdemeanor and felony drug charges in Texas. This means that a person must knowingly or intentionally possess …
Yes, an arrest is reported by the jail to the Texas Department of Public Safety records. Obviously charges have to be filed in order to be dismissed, which would happen at a later time after an arrest. Arrests, regardless of whether the case is filed, are a criminal record that can be searched for and …
If Charges Are Dismissed Do You Have a Criminal Record? Read More »
How do I bond out of the Travis County Jail? First thing to do is a Travis County Inmate Search. If someone is in jail, their name should show up on the web page. An attorney can help expedite the jail release by getting the paperwork through the proper departments. If someone wants to know …
How Long Does a DWI Stay on Your Record In Texas? The short answer is forever. But I need to elaborate. The question should be more specific and ask “DWI Conviction” rather than “DWI”. A dwi conviction stays forever. A dwi conviction takes place by two ways. The first way is a plea of guilty …
What is Invasive Visual Recording? A person without the other person’s consent invades the privacy of the other person by photographing or by videotaping or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is …
What is Jail Release? The jailing process begins with either a warrant or an on site arrest. A warrant is the result of a criminal charge from some previous time. An on site arrest is the result of on officer observing criminal behavior presently. Once taken to jail, a bond will need to be put …
Yes, it is a felony in most cases. Felony charges will in include schedule 1 through 4 levels. Unless the controlled substance is a schedule 5. Then the prescription fraud is a Class A misdemeanor. Changing a Prescription This is illegal act is common in most criminal cases when a person attempting to obtain the …
What is Notice of Criminal Trespass Texas? Notice is a very important consideration when proving someone is trespassing. Notice of trespassing in Texas is defined as any one of the following-oral or written communication, fencing, signs, purple painted vertical lines, or crops. Criminal trespass is considered a significant crime in the United States. One of …
What is the Legal Age in Texas? The legal age to sexually consent is 17 years of age. If a child younger than 17 has sex, it is presumed to have been non-consensual on the child’s part. Whether the child’s sexual partner had knowledge of the reasonableness of the child’s age is not a defense. Sec. …
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 …
There are a variety of different areas of law people need assistance with. This makes sense because because our state and our nation are built on laws. In order for many of our decisions to be enforceable by law, we need the assistance of a lawyer. There are various legal areas that Williamson County Attorneys …
This question on whether a misdemeanor will affect a background check is too vague and needs to be more specific to answer accurately. So maybe the question should be this…. Will Dismissed Charges Affect Employment? The answer is maybe. At least in Texas an arrest will show up on a background check until it is …
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. …
What is the Punishment for a DWI in Texas 3rd Offense? Read More »
Will I lose My Drivers License With DUI or DWI? It is very possible that a Texas drivers license will be suspended after a DUI or DWI charge. DUI charged drivers, reserved for people under 21, are looking at a possible 60 days suspension for a first time charge. It is not automatic since there …
Assaults accusations at home are a common charge in Texas. Many times arguments are the result of a minor disagreement that gets blown out of proportion. Sometimes alcohol is involved, and believe it or not, it helps the situation more reasonably explainable later on. It is always wiser to take a deep breath and step …
Help for Assault Family Violence Causing Bodily Injury Read More »
Portable Breath Test Use By Law Enforcement First of all portable breath tests or PBTs for short are not admissible in court in Texas. They are not proven reliable enough to be used for scientific or alcohol measurement purposes. They are not proven to be accurate enough within a certain acceptable range. The police still …
