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Houston DWI Lawyer » Arrested for DWI in Houston? Answers to Frequently Asked Questions

07 May

Finest Houston DWI Attorney

Houston DWI Lawyer Charles Johnson is dedicated to protecting the rights of those accused of the following intoxication related criminal offenses:

 
  • Public Intoxication
  • Consumption or Possession of Alcoholic Beverage in Motor Vehicle
  • Driving While Intoxicated
  • Flying While Intoxicated
  • Boating While Intoxicated
  • Intoxication Assault
  • Intoxication Manslaughter
  •  
    Some people simply cannot have a Texas DWI conviction on their record. The Houston salesperson. Sugar Land Surgeon. University of Houston full-time student. Pearland small business owner. Or the Conroe professional driver. There are other members of our community that also must have a valid driver’s license… and a clean criminal record. Houston Criminal Lawyer Charles Johnson expertly defends DWI and other serious related offenses. The Best Houston DWI Lawyer represents clients across the state, from those charged with drunk driving in North Texas cities such as Lubbock and Amarillo, to those arrested in the West Texas cities of El Paso and Midland… all the way down to Corpus Christi and Harlingen. Our clients come to us because we provide the absolute most vigorous defense available to those facing DWI charges in Texas. And in the majority of cases, we are able to protect their freedom, ability to drive, and criminal record.

    Too many people think they don’t have a defense, especially if they are facing a drunk-driving charge. That may not be true! Pleading guilty or no contest to a criminal charge or a DWI will seriously impact your life. If you have already plead guilty or no contest, call us to see if we can help. When the odds seem to be against you, put experience on your side. Call Houston Lawyer Charles Johnson at any hour, seven days a week at (713) 222-7577.

    The following are the answers to some questions you may have:

    What is the definition of intoxication in Texas?

    “Intoxication” under Texas law means:

    (A) not having the normal use of [one’s] mental faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (B) not having the normal use of [one’s] physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

    (C) [a person] having an alcohol concentration of 0.08 or more. It should be noted, that theoretically the prosecutor only needs to prove one of the three ways in order to obtain a conviction. For example, if the jury believes the person has lost their physical faculties, although they have not lost their mental faculties and there is no blood or breath test, theoretically that person could be found guilty. That is not always the case, generally, if the evidence only shows the loss of either the mental or physical faculties, and not both, there is usually a logical explanation for that loss and the result should be they are not intoxicated.

    What is a .08 alcohol concentration?

    Under Texas law “Alcohol concentration” means the number of grams of alcohol per:

    (A) 210 liters of breath;

    (B) 100 milliliters of blood; or

    (C) 67 milliliters of urine. Unless you are a engineer, chemist, toxicologist or an expert on alcohol and have a calculator, you will not be able to determine whether or not you have an alcohol concentration of .08 or more. The amount of alcohol in each of the above definitions is not equal. Consequently, depending on the test, one test could confirm your innocence while another insinuate your guilt with a .08 or more. A general rule of thumb is that you may have “one beer (12 oz.),” “one glass of wine (4 oz.),” or “one shot of whiskey (1.5 oz.)” per hour. These facts alone should prove the importance of hiring an experienced DWI lawyer who understands the differences.

    How can I calculate my alcohol concentration?

    THE FOLLOWING BAC CALCULATOR IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT TO BE RELIED ON FOR THE PURPOSES OF CONSUMING ALCOHOL AND THEN DRIVING. Estimate your Blood/Breath Alcohol Level

    A general rule of thumb is that you may have “one beer (12 oz.),” “one glass of wine (4 oz.),” or “one shot of whiskey (1.5 oz)” per hour. Also refer to the answer in question number two.

    What is the difference between DWI and DUI in Texas?

    Under Texas law intoxication includes the introduction of alcohol, or a controlled substance, a drug, a dangerous drug, or any combination of two or more of those substances, or any other substance into the body. In other words, Driving While Intoxicated includes all substances including alcohol. While “Driving Under the Influence” or DUI in Texas is an offense that involves minors. To be arrested in Texas for DUI, the person arrested must be a minor (anyone under the age of twenty-one) who operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. The key words are, “any detectable amount of alcohol.” Generally, an offense under this section is a Class C Misdemeanor. That is the difference between DUI and DWI in Texas. However, there are other states that use these terms differently than we do.

    What do police officers look for when searching for drunk drivers on the highways of Texas?

    Police officers are trained to look for the following factors when searching for drunk drivers on the highways in Texas. This list is based on research conducted by the National Highway Traffic and Safety Administration? (NHTSA)

    • Turning with wide radius
    • Straddling center of lane marker
    • Appearing to be “drunk”
    • Almost striking object or vehicle
    • Weaving
    • Driving on other than designated roadway
    • Swerving
    • Speed more than “10” miles below speed limit
    • Stopping without cause in Traffic lane
    • Following too closely
    • Drifting
    • Tires on Center or Lane marker
    • Braking Erratically
    • Driving into Opposing or Crossing Traffic
    • Signaling Inconsistent with driving actions
    • Slow response to traffic signals
    • Stopping inappropriately (other than in a lane)
    • Turning abruptly or illegally
    • Accelerating or Decelerating Rapidly
    • Headlights off

    Although police officers tend to believe speeding is a factor, speeding is not a recognized sign of Intoxication. The faster you drive, the quicker your reactions and reflexes must be as well as your judgment. Therefore, if you are speeding and appear to be driving normally, that would be indicators of sobriety rather than intoxication.

    If I’m stopped by the police, should I answer any questions regarding drinking?

    You are not required to answer questions that are designed to be incriminating. In a police encounter, a simple request to speak to your attorney before answering questions, would be an appropriate response. However, informing the officer that you had one or two alcoholic beverages should not be harmful since it usually would not cause a person to be impaired. This response may explain away the odor of alcohol on your breath. Always remain calm, and be courteous and respectful at all times. Always remember that after stopping you and approaching your vehicle, the officer is probably already recording your discussion and actions on video without your knowledge.

    Houston DWI Attorney

    What signs of intoxication do police officers look for after stopping someone on the roadside?

    Police officers are taught to look for the following symptoms of impairment. This list is based on research conducted by the National Highway Traffic and Safety Administration (NHTSA).

    • Flushed face
    • Red, watery, glassy or bloodshot eyes
    • Odor of alcohol on breath
    • Slurred Speech
    • Fumbling with wallet while trying to get license
    • Failure to comprehend officer’s questions
    • Unsteady of feet while exiting vehicle
    • Swaying while standing
    • Leaning on car for support
    • Being combative, argumentative or jovial while talking with officer
    • Disheveled clothing
    • Lack of awareness in regards to time and place
    • Unable to follow police instructions

     

    What can affect my performance on field sobriety tests?

    The National Highway Traffic Safety Administration has admitted that even SOBER people can have difficulty with these tests! One’s ability to perform the Field Sobriety Tests can be affected by many factors other than alcohol, including;

    •    Nervousness
    •    Fear
    •    Fatigue
    •    Illness / Allergies
    •    Traffic
    •    Wind
    •    Dust in your eyes
    •    Head lights
    •    The police officers strobe lights
    •    Weather conditions
    •    Back problems
    •    Leg and/or Knee injuries
    •    Inner ear disorders
    •    Ankle and/or Foot problems
    •    Road or sidewalk conditions
    •    Weight
    •    Age
    •    Footwear
    •    Lack of coordination

    Do I have a right to an attorney when I am stopped for a DWI investigation?

    The law in Texas provides that persons stopped for DWI initially do not have the right to an attorney. In fact, you do not have a right to speak to a lawyer until after the initial investigation on the street is complete and you have been taken to jail. Most citizens do not understand that after their arrest, they are not entitled to speak to a lawyer when confronted with the decision of taking or refusing a blood, breath or urine test. Keep in mind, that it is still a good idea to request a lawyer when you are first stopped by the police and you want to continue requesting to talk with your attorney before continuing further with any of the police officers other requests.

    What should I do if the police ask me to take “Field Sobriety Tests”?

    Understand the police want you to help them make their case against you stronger. By performing field sobriety tests, you are simply helping the police manufacture evidence against you. Be aware that they fully intend on using this evidence against you in court . Therefore, taking an Horizontal Gaze Nystagmus (HGN) test (the pen test), the Walk and Turn (walk the straight line), the One Leg Stand test, or any other evaluation test on the street is usually not a good idea. Most experts agree that police officers are not trained well enough to accurately interpret the symptoms observed while administering these street evaluations. This doesn’t mean that you need to be rude or nasty to an officer if he asks you to do some Field Sobriety Tests. Again, it is much better that you be courteous, respectful and “respectfully decline” all tests.

    Should I take a blood, breath or urine test?

    Most of us who are experienced DWI Attorneys agree that the above tests are not completely accurate and therefore should not be taken. According to most experts of the three tests, the blood test is the most accurate, but it is too time consuming for police officers to use. The Breath test is the easiest for the officer, because the machine is available and already housed at the police station. The urine sample is the least accurate by all accounts. However, if you agree to take one of these chemical tests for the police, remember that you are then entitled to request your own independent test, so you need to request a blood test also. Most police officers will not provide you with that information. Therefore, calling an experienced DWI lawyer immediately after your arrest is important!

    What happens if I refuse or fail to take one of these chemical tests?

    Basically, If a person refuses or fails a blood or breath test following an arrest for driving while intoxicated, the person may receive a license suspension of 90 days up to 2 years, depending on the number of alcohol related contacts the person has had in the past. More importantly, whether you take a test, or you refuse one that the police offer, you only have 15 days after your arrest to request a hearing to fight to keep your license from being suspended. This is one of the reasons it is important to request a hearing before the State Office of Administrative Hearings to stop the Texas Department of Public Safety (DPS) from attempting to administratively (civilly) suspend your license. Again, calling an experienced DWI lawyer immediately after your arrest is important!

    Can my drivers license also be suspended if I am convicted of Driving While Intoxicated?

    Yes, if a person receives a final conviction that person’s license may be suspended. The license suspension period ranges from 90 days up to 2 years. A conviction for driving while intoxicated under the age of 21 will result in an automatic suspension for one year, unless the person is on probation and required to have an Ignition Interlock Device.. Note: Generally speaking, in Harris County, if you are a first offender, and you represent yourself and plead guilty to Driving While Intoxicated you will more than likely receive a final conviction and lose your license for one year. Remember, the Assistant District Attorney and the Judge do not represent you, one is there to prosecute you; the other is there to preside over the case. The Judge cannot and will not give you legal advice. Again, having an experienced DWI lawyer represent you is very important to your case!

    How long will a DWI arrest stay on my record?

    If you are convicted for the DWI, even if you receive probation, it will remain on your record “FOREVER.” If you are found “Not Guilty” at your trial, you can have the arrest and the DWI charge “expunged” from your record.

    Is it legal to drink alcohol while driving an automobile? What about having an open container in the vehicle?

    No, it is a Class C Misdemeanor for a driver to have an open container of alcohol in his or her personal possession while operating a motor vehicle. It is also illegal for any passenger to have an open container of alcohol in their possession. However, if you are the passenger in a taxicab, limousine, bus, or in the living quarters of a mobile home, you can legally consume alcohol while being driven around. If you go to a party and take a bottle of wine, beer or liquor, and leave the party with them you can be ticketed for possessing an open container of alcohol. In order to legitimately carry a bottle of wine, beer or liquor, the seal must not be broken. If the seal is broken, the only other legitimate way to carry the bottle is put in the trunk of your car, or if you are in a truck or SUV, then it must go behind the last row of seats. However, my advice is to leave the alcohol at the party when you leave.

    Will I have to have an Ignition Interlock Device put in my car as a condition of bond?

    For a first offense, conditions of bond are a matter of discretion with the Court. Generally, most judges will not make a an Ignition Interlock Device as a condition of bond for a first offense DWI. However, if you are charged with a subsequent DWI (no matter how long ago your first DWI was), with Intoxication Assault, or with Intoxication Manslaughter you are required by law to install an Ignition Interlock Device on you automobile. In fact, you will not be able to drive any vehicle that is not equipped with an Interlock Device. If the device determines a certain level of alcohol on your breath, it will temporarily disable your vehicle. When driving, you have to continuously blow into the device about every twenty (20) minutes. Please note, that the alcohol in some mouthwashes can even be enough to cause the Ignition Interlock Device to disable the vehicle if you do not wait a certain period of time after its use.

    What is an occupational or restricted license?

    An occupational or restricted license is a special restricted license authorized by a Court, and issued to persons whose license has been suspended or revoked for certain offenses. This restricted or occupational license authorizes the operation of a non-commercial motor vehicle in connection with a person’s occupation, for educational purposes or in the performance of essential household duties.

    Is the Order from the court the actual occupational or restricted license?

    No, this is the order granting the occupational license. The court order and all other required items need to be submitted to the Texas Department of Public Safety (DPS) so an occupational or restricted license can be issued. The court order may be used as a temporary restricted license for 30 days from the date of the judge’s signature while DPS processes the occupational license, and is to be kept in the glove box of the motor vehicle you operate.

    What are the requirements for obtaining the restricted license in a DWI or ALR suspension case?

    You must mail into the Texas Department of Public Safety (DPS), a certified copy of the court order granting the occupational license. Also enclose the following:

    1. An original pink SR-22 certificate of insurance. This is the only proof of insurance acceptable.
    2. A $10 license fee for a one-year license or less. The maximum length of issuance is a 2-year license for $20, provided that the court order grants this length of time.
    3. A $125 statutory reinstatement fee for the Administrative License Revocation (ALR), if required; and
    4. A completed SR-37 form to type the occupational license.

    Caveat: The Texas Department of Public Safety (DPS) requires all reinstatement fee(s) be paid prior to the issuance of the occupational or restricted license.

    What is an SR-22 and how can I obtain an SR-22?

    An SR-22 insurance policy is a certificate of insurance that shows the Texas Department of Public Safety (DPS) proof of insurance for the future, as required by law. SR-22 insurance is not necessarily “high risk” insurance. It is motor vehicle liability insurance which requires the insurance company to certify coverage to DPS, and the insurance company must notify DPS anytime the policy is cancelled, terminated or lapses. You may contact an insurance agent/company of your choice who is authorized to write liability insurance for the State of Texas.

    If I do not own a car, can an SR-22 be obtained?

    You do not need to own a car to buy this kind of insurance. If you do not own a car, please contact an insurance agent/company of your choice and talk to them about a non-owner SR-22.

    Can an insurance card or insurance policy be accepted toward the requirement of filing the SR-22?

    No, when proof of financial responsibility is required, form SR-22 must be filed to meet the compliance requirements with the DPS.

    What happens if my SR-22 is cancelled?

    Once the Texas Department of Public Safety (DPS) receives notification from the insurance company that the policy is cancelled, terminated, or lapses appropriate enforcement action may be taken. If the SR-22 is still required and there is not a valid SR-22 on file, you again face the possibility that your driving privilege and vehicle registration will be suspended. Additionally, the Court may withdraw its original court order granting you the restricted license.

    Can you drive a commercial motor vehicle with an occupational or restricted license?

    No, if a person’s driver license or the privilege to drive is suspended, revoked, cancelled, or denied under any law in this state, the person may not be granted an occupational, restricted or “essential need” license to operate a commercial motor vehicle.

    Someone said I could get ” Deferred Adjudication” if I am charged with a DWI is that correct?

    No. DWI is one of a few of crimes in Texas where Deferred Adjudication is not available under the law as a punishment option.

    Could I receive a probation if I am convicted of DWI?

    Yes, depending on your prior criminal history, the facts surrounding your case, etc. and whether you meet the minimum requirements under Texas law — for “community service” or “probation:” Those minimum requirements are: 1) That you have never been convicted of a felony offense in this State, another state or the United States; and you have never been given adult “community service” or “probation” for a felony offense in this State, another state or the United States.

    What is the difference between deferred adjudication and Probation?

    First, Texas classifies both of these punishments as “community service,” — one is called “Deferred Adjudication Community Service” and the other is called just “Community Service” or what we used to call “probation.” Second, Deferred Adjudication is a punishment that an individual can only receive from the Judge and never a jury, whereas probation can be received from either a Judge or a Jury. Third, in a Deferred Adjudication situation, the Judge defers a finding of guilty against an individual and places that person on community service without entering judgment of guilty. On the other hand, under the punishment known as “probation”, the person is found or judged “guilty” and sentenced, but the sentence is then probated. With probation the individual is actually convicted, but the sentence is probated, whereas with the “Deferred Adjudication” the person is not convicted, but is placed on community service. However, as stated in Question 24, Deferred Adjudication is not a punishment option in a DWI case in Texas. If some attorney mentions to you that it might be available or tells you that it is, then you are not talking with a DWI Attorney.

    Someone mentioned to me that Texas has increased its fines for DWI or that it passed a “Surcharge” for individuals convicted of DWI? Is this some sort of a fine and how does it work?

    Contrary to media reports, the 78TH Texas Legislature did not increase fines. However, the Legislature did pass a “Surcharge” or an administrative fee under a law known as the “Driver Responsibility Act,” that took effect on September 1, 2003. The fees under this law are strictly administrative in nature, and are above and beyond, any fines, court costs, probation fees or filing fees that the State already receives in a DWI case. The law basically requires any person convicted after September 1, 2003 of a first offense DWI to pay the State of Texas a “surcharge” in the amount of $1,000.00 per year for three years to keep their drivers license; or any person convicted of a second offense DWI to pay the State of Texas a “surcharge” of $1,500.00 per year for three years to keep their drivers license; or any person convicted of an offense of DWI, that has a test result of .16 or higher with a breath or blood test, to pay $2,000.00 per year for three years to keep their drivers license. These fees are paid to the Department of Public Safety and if not paid within the designated time allowed, the person will automatically lose their driver’s license or the privilege to obtain a driver’s license until the money is paid.

    Can a person be charged with a felony DWI if there is child in the vehicle when they are arrested by the police?

    Yes. Effective September 1, 2003, the 78TH Texas Legislature passed a law that makes a DWI punishable as a felony, if there is a child younger than fourteen (14) years old in the vehicle when a person is stopped and arrested.

    Hire the Best Houston DWI Lawyer: The Charles Johnson Law Firm

    Regardless of what you have heard, drunk driving and related offenses are not impossible to win if you have a good case and the right DWI attorney to help you. Your DWI attorney must be experienced with all facets of the Texas DWI arrest process and must understand and be ready to cross-examine the state’s expert about the science of field sobriety testing, laws of arrest and probable cause, and blood, breath, and urine testing.

    Houston DWI Lawyer Charles Johnson understands that people are arrested for intoxication related offenses at all hours and simply cannot wait for solid legal advice. When you need effective, strategic defense, contact us 24 hours a day, seven days a week at (713) 222-7577. We are ready and waiting for your call.

     
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    Best Houston Lawyer: Need Assistance with an Expungement?

    16 Nov

    Recommended Houston Criminal Defense Lawyer

    A criminal conviction can certainly change your life. Even after you’ve paid your debt to society, your criminal history can certainly make it difficult to get your life back. Luckily for us, the majority of states provide a way to set the record straight: Expungement.

    Houston Record Expungement Defense: Hire the Best Houston Lawyer

    Expungement is defined as a legal process through which a charge or conviction may possibly be erased from a person’s criminal record. Below you will discover links to in-depth knowledge on expungement, and state-specific resources on expungement and criminal records.

    • Expungement Basics – Introductory knowledge on expungement and its legal consequences.
    • Eligibility for Expungement – A charge or conviction normally has to meet certain standards in order to be eligible for expungement.
    • The Expungement Process – A number of steps should be taken before an expungement is granted.
    • Expungement isn’t really Always an Option – Expungement isn’t obtainable in all jurisdictions, and may perhaps not be an option for some arrests or convictions.

    Expungement Basics

    Expungement (also designated “expunction”) is defined as a court-ordered process in which the legal record of a charge or a criminal conviction is “sealed,” or erased within the eyes of the law. When a conviction is expunged, the process may possibly also be generally known as “setting aside a criminal conviction.” The availability of expungement, and the procedure for getting a charge or conviction expunged, will vary according to the state or county in that the charge or conviction happened.

    Legal Effect of an Expungement

    An expungement commonly indicates that a charge or conviction is “sealed,” or erased from a person’s criminal record for most purposes. After the expungement process is finished, a charge or a criminal conviction ordinarily doesn’t have to be disclosed by the individual who had been arrested or found guilty. By way of example, when completing an application for a job or apartment, an applicant whose charge or conviction has been expunged doesn’t have to reveal that charge or conviction.

    In a good number of cases, no record of the expunged charge or conviction will show up in cases where a potential employer, educational institution, or various other company conducts a public records inspection or background search of an individual’s criminal history.

    An expunged charge or conviction isn’t really necessarily completely erased, within the literal sense of the word. An expungement will ordinarily be an accessible part of a person’s criminal history, viewable by certain government agencies, which includes police officers and the criminal courts. This limited accessibility is in some cases called a criminal record being “under seal.” In certain legal proceedings, including during sentencing for any type of offenses committed following an expungement, or in immigration / deportation proceedings, an expunged conviction that’s “under seal” may perhaps still be regarded as as proof of a previous conviction.

    Expungement Eligibility

    When expungement of a charge or conviction is an option in a state or county, most of the time a person’s criminal record has to meet certain standards in order to qualify for the process.

    Whether or not an individual is eligible for expungement will generally depend on a quantity of factors, such as:

    • The amount of time which has passed since the charge or conviction
    • The severity and nature of the event for that expungement is sought (i.e. a conviction for a sex criminal offense will likely bring about a denial of expungement)
    • Events within the applicant’s criminal record (this includes arrests or convictions in virtually all jurisdictions, not only the offender’s state/county)
    • The severity and nature of some other events within the applicant’s criminal record

    Special eligibility rules might exist for expungement of arrests or convictions that happened when the offender was a juvenile, and arrests or convictions for sex crimes. Remember to speak to the Most Respected #links# to go over your accessible choices.

    The Expungement Process

    Where available to persons who’ve been arrested or found guilty, expungement doesn’t take place automatically, and is never guaranteed. A individual wanting to have a charge or criminal conviction expunged from their record needs to generally fill out an application or request, and submit the paperwork to the appropriate criminal court for a judge’s evaluation and judgment. In a good number of jurisdictions, a fee has to be paid along with the filing of the application.

    The expungement process can certainly be challenging. For instance, several jurisdictions require an applicant to deliver (or “serve”) papers on district attorneys, although others require the applicant to put together the legal document (or “Order of Expungement”) that is going to be signed by the judge. In many cases, a court hearing is required, after which a judge will decide whether or not to grant the expungement.

    The Top Houston Criminal Defense Attorney can certainly advise you regarding this complex process.

    Expungement is not really Always an Option

    It is critical to understand that expungement of a charge and/or a criminal conviction isn’t really an option in virtually all states and counties ( designated “jurisdictions”). Dependent upon the jurisdiction in that the charge or conviction happened:

    • Expungement may very well not be available at all
    • Expungement could very well be an option for arrests, however not for convictions
    • Expungement may very well be an option only for certain criminal convictions
    • Expungement could very well be an option only for arrests and/or convictions that transpired when the offender was a juvenile
    • Expungement may possibly be attainable only after an individual is acquitted (cleared) of an criminal offense (i.e. criminal charges are dismissed)
    • Expungement may very well be attainable only when a criminal conviction is reversed (i.e. subsequent to a winning appeal of the conviction).

    Hire The Most Qualified Best Houston Lawyer: The Charles Johnson Law Firm

    In Texas, criminal record expunction or an action to seal your criminal record might help you move on with your life. There are many benefits that flow from misdemeanor or felony expunction or record sealing, such as no longer needing to list a previous conviction on a job application or worrying about the potential consequences of an employer’s discovery of your criminal record.

    A skilled and experienced attorney from the Charles Johnson Law Office in Houston, Texas will help you plan your next move and expertly guide you through this challenging ordeal.

    Houston Criminal Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week.
    Call us at 713-222-7577 or toll free at 877-308-0100.
    Major Credit Cards Accepted.

     
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    Best Houston Lawyer: Arrested for Distribution Of Crack?

    13 Oct

    Best Houston Lawyer

    Felony charges for drug distribution or possession are the most typical felonies in criminal law.

    If you’ve been charged with possession or distribution of Crack cocaine, the Best Houston Lawyer Charles Johnson can help you to clear your record. The federal court system is renowned for the extremely tough penalties for crack distribution cases. Most cases are prosecuted as conspiracies and, with the way sentences are calculated on the Federal Sentencing Guidelines, lower-level dealers can have their sentences increased significantly based on the quantity of illegal drugs being dealt by their supposed associates. The federal system is very different in comparison to the state court structure in these criminal matters. These cases demand legal counsel who is experienced and knowledgeable about the different trial rules and sentencing guidelines. This expertise gives him an exceptional edge over those attorneys who don’t practice on a frequent basis in federal court. The Charles Johnson Law Firm has successfully represented numerous customers facing illegal drug charges in both the State and Federal courts, and he will do the same for you.

    Crack Distribution in Houston

    Houston, Texas is one of the most significant illegal drugs distribution centers in the U. S. It is a distribution center used by many traffickers to supply unlawful drugs to main market locations all through the United States as well as to supply dealers within the Houston HIDTA (High Intensity Drug Trafficking Area) region. Cocaine, Crack, marijuana and, to a lesser extent, heroin, methamphetamine, and MDMA (3,4-Methylenedioxymethamphetamine, also recognized as Ecstacy) are shipped from Houston to major market locations such as New York, Los Angeles, Chicago, Atlanta, Dallas, Denver, Detroit, Kansas City, St. Louis, and Philadelphia. Once drug shipments are delivered to Houston, they’re frequently stored at nearby stash locations awaiting further distribution to illegal drug markets. Drug trafficking operations are extremely vulnerable at these stash locations; seizures of unlawful drugs from places where substantial amounts are stashed typically result in a much larger loss for DTOs (Drug Trafficking Organizations).

    Houston’s well-developed freeway system, established financial structure, racial and ethnic diversity, and significant level of international trade contribute to the area’s role as a main shipment point for illegal drugs destined for American drug markets and drug profits headed for Mexico. The substantial number of drug-related investigations connected to the city exemplifies Houston’s role as an integral national drug distribution and cash laundering center.

    Definition: Drug Trafficking Organizations, Criminal Groups, and Gangs

    Drug trafficking organizations (DTOs) are complex organizations with highly defined command-and-control structures that transport, distribute, and/or produce large quantities of one or more illegal drugs.

    Criminal groups operating in the United States are numerous and range from limited to moderately sized, loosely knit groups that disperse one or more drugs at the retail level .

    Gangs are defined by the National Alliance of Gang Investigators’ Associations as groups or associations of three or more persons with a common identifying sign, symbol, or name, whose members on their own or jointly practice criminal activity that produces an atmosphere of fear and intimidation.

    Mexican DTOs are the most pervasive organizational threat to the Houston region. The proximity to the U.S.- Mexico border along with their access to main drug market areas all through the U.S. have made it possible for Mexican DTOs to emerge as the predominate traffickers within the region, in most locations along the U.S.- Mexico border, and in numerous areas of the United States.

    Outlaw Motorcycle Gangs (OMGs), Street gangs, and Prison gangs distribute illegal drugs at both the retail and wholesale levels in the Houston area. Virtually all gangs in the region use drug trafficking as their primary revenue stream. Although most gangs distribute drugs on the retail level, a few have developed relationships with Mexican DTOs that permit them to acquire wholesale quantities of drugs directly from Mexico. These gangs are most prevalent in urban locations, which include Houston, Corpus Christi, and Beaumont, where violence related to their drug and gang- related behaviors is often a considerable threat to general public and law enforcement safety.

    As a direct result Hurricane Katrina, associations between Houston and New Orleans illegal drug traffickers are reportedly growing. Roughly 150,000 Katrina evacuees relocated in the Houston region due to the hurricane. Some of these evacuees were drug traffickers from high-crime locations of New Orleans and, upon relocating to Houston, developed associations with drug dealers and gang members. Quite a few of these traffickers have returned home to New Orleans, and the relationships they built with these Houston-based drug dealers have given them the ability to acquire substantial quantities of unlawful drugs from associations in Houston.

    The distribution and exploitation of unlawful drugs in the Houston area places substantial societal and financial burdens on communities and local, state, and federal agencies. Cocaine in the form of Crack is the primary drug of use for many illegal drug abusers in metropolitan locations of Houston; the drug has experienced a significant impact on the degree of violent and property crime occurring in many communities. Nevertheless, the quantity of marijuana, cocaine, and methamphetamine seized within the region has lessened in recent years. This decrease can be credited, in part, to an increase in seizures made prior to the drugs being smuggled across the Border, increased seizures in South Texas counties that border Mexico, and traffickers’ use of alternate routes to smuggle illegal drugs across the Southwest Border.

    Crack Distribution Defense: Employ the Best Houston Lawyer Attorney Charles Johnson

    In Texas, Cocaine distribution charges are 1st degree crimes, and carry the toughest penalties. Possession of the Cocaine or possession with the intent to distribute , is usually a 2nd degree crime, and can lead to steep penalties, probation and/or imprisonment. Drug distribution is an extremely serious offense. However, like all drug crimes, drug distribution should be placed into the proper context in order to make sure that charges aren’t excessive. What may appear to be drug distribution may actually not be, and a skilled lawyer will see to it that you are furnished a powerful defense all through your arrest.

    The quantity of drugs in your possession, how the drugs are packaged, which drugs are discovered to be on your person, and how many different types of drugs you have are typical elements that will be considered during a drug distribution case. For example, if a variety of packaged drugs are discovered in your possession, then it might be assumed that you, much like a shop, have a multitude of new items ready to sell. Also, your previous criminal record will play a factor, as will the area that you had been arrested. Being busted in an area known to be visited by drug distributors, for instance, won’t assist your case.

    If an individual is found to be in possession of illicit drugs, doesn’t seem to be using the drugs himself, and is also behaving in a manner that is an indication of drug distribution, then law enforcement might place that person under arrest on suspicion of drug distribution. Although other drug charges like possession for sale require that some kind of monetary transaction take place, drug distribution only requires that illegal drugs are transferred from a single individual to another person. As such, protection against these charges may be complicated, especially within the state of Texas. Because of the complexities of Texas law, the most effective strategy taken by an individual charged with drug distribution is retaining the services of a seasoned Houston Lawyer .

    Houston Lawyer Charles Johnson will investigate the circumstances surrounding your case, and he will build you the most powerful defense possible given the circumstances. If you need expert legal assistance now, please don’t hesitate to get in touch with the Best Houston Lawyer At Any Hour, 7 Days A Week to discuss the specifics of your case.

     
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    Best Houston Attorney » Search and Seizure: Exactly What Police May and May NOT Do.

    18 Aug

    Houston Criminal Defense Attorney
    Although people within the U.S. are entitled to privacy and freedom from government intrusion, there is a limit to that privacy. State or federal police officers are allowed, where justified, to search your premises, car, or other property and assets in order to look for and seize unlawful items, stolen goods or evidence of a criminal offense. What rules must police officers follow when engaging in searches and seizures? What can they do in upholding the laws, and what can’t they do?

    What the police May Do:

    • Under the Fourth Amendment to the United States Constitution, law enforcement may engage in “reasonable” searches and seizures.
      • To demonstrate that a search is “reasonable,” police officers need to generally show that it is more likely than not that a criminal offense has transpired, and that if a search is conducted it is probable that they will find either stolen goods or proof of the crime. This is named probable cause.
      • In several situations, the authorities need to first make this showing to a judge who issues a search warrant. Usually in most special circumstances, however, the authorities may be able to conduct a search without the need of a warrant. In fact, the majority of searches are “warrantless.”
    • Police may search and seize items or evidence when there’s no “legitimate expectation of privacy.” In some other words, should you didn’t have a privacy interest in the items or evidence, the authorities can take them and, in effect, no “search” has happened.

    Note: In deciding whether there was a “legitimate expectation of privacy,” a court will take into consideration two important things:

    • Did you have an expectation of some degree of privacy?
    • Was that expectation reasonable in our society’s view?

    Example: You have a semi-automatic rifle that you stole from a pawn shop. You leave the rifle laying on the hood of your automobile when you get home. You do not have a “legitimate expectation of privacy” with regard to items you leave on the hood of your automobile, and the police may take the gun. No search has transpired.

    • Police may use first-hand info, or tips from an informant to justify the need to search your property. If an informant’s info is utilized, the authorities need to establish that the information is reliable under the circumstances.
    • Once a warrant is obtained, law enforcement may enter onto the specified area of the property and search for the items listed on the warrant.
    • Police may perhaps extend the search beyond the specified area of the property or include various other items in the search beyond those specified or listed in the warrant if it is required to:
      • Ensure their safety or the safety of others;
      • Prevent the destruction of evidence;
      • Discover more about possible evidence or stolen items that are in plain view; or
      • Hunt for evidence or stolen items which, based upon their initial search of the specified area, they believe may be in a different location on the property.

    Example: Police officers have a warrant to search your basement for evidence of a drug manufacturing operation. On their way through your property to go down to the basement, they see a cache of weapons sitting on your kitchen table. Some might take the guns to guarantee their safety while searching your basement.

    • Police may search your property without a warrant if you consent to the search. Consent must be freely and voluntarily given, and you cannot be coerced or tricked into giving it.
    • Police may search your person and the immediate surroundings without having a warrant when they are placing you under arrest.
    • If a person is arrested in a residence, law enforcement officials may make a “protective sweep” of the home in order to make a “cursory visual inspection” of places where an accomplice may be hiding. In order to accomplish this, the authorities must have a reasonable belief that an accomplice may be around.

    Example: The police arrest you in your living room on charges of murder. They may open the door of your coat closet to make sure that no one else is hiding there, but may not open your medicine cabinet due to the fact that an accomplice couldn’t hide there.

    • When you are being taken to jail, law enforcement may perform an “inventory search” of items you have with you without any a warrant. This search may include your automobile if it is being held by police officers in order to make a list of all items inside.
    • Police may search without having a warrant should they reasonably fear for their safety or for the public’s safety.

    Example: If law enforcement drive past your house on a regular patrol of the neighborhood and see you, inside your open garage, with ten cases of dynamite and a blowtorch, they may search your garage without a warrant.

    • If it’s necessary to prevent the imminent destruction of evidence, the police may search without the need of a warrant.

    Example: If the authorities see you trying to burn a stack of money that you stole from a bank, they can perform a search without having a warrant to prevent you from further destroying the cash.

    • Perform a search, without any a warrant, when they are in “hot pursuit” of a suspect who enters a private dwelling or area following fleeing the scene of a criminal offense.

    Example: If the authorities are chasing you from the scene of a murder, and you run into your apartment in an attempt to get away from them, they can follow you into the apartment and search the area without the need of a warrant.

    • Police may perform a pat-down of your outer clothing, in what is designated a “stop and frisk” situation, as long as they reasonably believe that you may be concealing a firearm and they fear for their safety.

    What the authorities May NOT Do:

    • The law enforcement may not perform a warrantless search anywhere you have a reasonable expectation of privacy, unless one of the warrant exceptions applies.
    • If evidence was attained through an unreasonable or illegal search, police officers may not use it against you in a trial. This is called the “exclusionary rule.”
    • The law enforcement may not use evidence resulting from an unlawful search to obtain other evidence.
    • The law enforcement may not submit an affidavit in support of obtaining a search warrant if they didn’t have a reasonable belief in the truth of the statements within the affidavit.
    • Unless there is a reasonable suspicion that it contains evidence, unlawful items, or stolen goods, law enforcement may not search your vehicle. If your vehicle has been seized by law enforcement, however, they can search it.
    • Unless they have a reasonable suspicion that you are involved in a criminal activity, police officers may not “stop and frisk” you. If they have a reasonable suspicion, they can pat down your outer clothing if they have concerns that you could be concealing a firearm.

    Houston Search & Seizure Defense: Hire the Leading Houston Criminal Defense Attorney  »  Charles Johnson Law Firm

    Courts quite often have to determine case-by-case whether the circumstances in which law enforcement searched without a warrant had been legal. As a result, if a search has already occurred and you aren’t sure of its legality, get in touch with the Top Houston Drug Crimes Attorney as soon as possible. And if the search has not yet been conducted, make sure that you understand your rights in advance.

    Houston Criminal Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week.
    Call us at 713-222-7577 or toll free at 877-308-0100.
    Major Credit Cards Accepted.

     
     

    Houston Criminal Attorney » Charged with a Domestic Violence Crime? Find Out How to Cope.

    11 Aug

    Most Respected Houston Drug Crimes Attorney

    Many states have strengthened their laws on domestic violence, making arrest and prosecution mandatory regardless of what the alleged victim wishes to do.

    No matter how your state or county handles allegations of domestic violence, it is important to mount a vigorous defense. If you have been charged with domestic violence, you may perhaps be facing an uphill battle.

    Contact the Top Houston Criminal Lawyer in order to discuss your case and develop a strategy for fighting the charges.

    What is Domestic Assault?

    Domestic assault is both physical violence and emotional abuse, including threats, intimidation and control. Domestic violence is frequently an assault or battery against a spouse, intimate partner or cohabitant, but it also can occur against a child, elderly relative or other member of the household or family.

    Domestic Assault Arrest

    A conviction of felony or misdemeanor domestic assault can result in severe penalties. The defendant may serve time in prison or jail; pay steep fines; undergo anger management or other counseling; and suffer personal repercussions like divorce, loss of child custody or an unfavorable property settlement during divorce proceedings.

    Domestic assault is taken seriously by law enforcement personnel and prosecutors. It is vital to be able to have a competent, experienced defense criminal defense attorney on your side. Lawyer Charles Johnson will stand by your side and safeguard your legal privileges.

    Although the procedures and policies vary by jurisdiction, domestic assault arrests and charges follow a general pattern. When the police are called to a residence, by an alleged victim or someone else, they will appraise the situation and determine whether there exists probable cause in order to arrest an individual accused of domestic assault.

    At the arraignment, the defendant will learn about the specific charges against him or her, and the defendant’s lawyer will consult with the defendant about what kind of plea to enter. The judge will decide whether the defendant will be granted bail and, if so, how much the bail shall be.

    In many court cases, the defendant shall be ordered to have no contact — direct or indirect — with the alleged victim. Consequently, the defendant cannot go home, if that’s where the victim lives, and the defendant must not call or speak with the victim.

    In some jurisdictions, whether or not the victim decides not to go forward with the charges, the case continues. A number of reasons, established on both history and public policy, tend to be behind this practice.

    Houston Domestic Assault Defense: Hire the Most Dedicated Houston Criminal Defense Lawyer:

    As the justice system has come to comprehend the social and legal results of domestic violence, the penalties for conviction of domestic assault have grown to be steeper. Every state, however, has a different approach to handling domestic assault court cases. This is why it is so important to consult an experienced lawyer who is familiar with your local court system. Seek the help of the Finest Houston Attorney to be able to learn more about what you can do to assert your protection under the law.

     
     

    Most Dedicated Houston Drug Crimes Attorney » Struggling With A Criminal Case? You’ve a Legal Right to the Top Rated Drug Crimes Lawyer!

    08 Aug

    Most Respected Houston Criminal Defense Lawyer

    The 6th Amendment of the United States Constitution guarantees the right to an attorney to anyone dealing with federal criminal charges. The 14th Amendment and some state constitutions also afford this right to anybody fighting state felony criminal charges. Those who are indigent and cannot afford a lawyer have the right to have one appointed for them for no cost. Many people, nevertheless, do not comprehend what the right to an experienced criminal defense lawyer indicates, when this right attaches or who qualifies for a court-appointed lawyer.

    Houston Criminal Defense: Hire the Most Effective Houston Attorney

    If you’re charged with a serious crime, it is important which you retain the services of an experienced criminal defense attorney to fight for your legal and constitutional legal rights throughout the criminal justice procedure. Get in touch with the Best Houston Criminal Defense Attorney about your case right now.

    Federal and State Law

    The right to counsel is really a fundamental right of criminal defendants guaranteed by the United States Constitution. Numerous states also incorporate this right in their constitutions, and a few states provide a broader scope of the right to counsel than the federal constitution. Nevertheless, defendants facing state felony criminal charges are nonetheless entitled to counsel, even when the state constitution doesn’t offer such a right, under the federal constitution via the 14th Amendment.

    Attachment of the Right

    Criminal defendants are afforded the right to an attorney throughout each and every critical stage of a criminal proceeding as soon as the right has "attached." Under federal rules, the defendant’s right attaches once "adversary judicial proceedings" have been initiated against the defendant. This includes when the defendant has been arrested for or indicted for a criminal offense and during a preliminary hearing, information and arraignment.

    Thus, for the right to attach, the defendant has to have been charged with a criminal offense. It does not attach if the individual is simply suspected of committing a criminal offense. It doesn’t attach during the investigative stage prior to the filing of actual, formal criminal charges – even when the individual is the only suspect. A charge, without having formal charges, also does not trigger the right to a lawyer. This doesn’t mean, however, that an individual being investigated for a crime cannot employ a criminal defense attorney on his or her own.

    Once the right has attached, the state cannot interfere with the defendant’s right to seek counsel and has a duty to guarantee the defendant’s right is honored. The right isn’t available in civil or administrative proceedings or during license suspension or revocation hearings.

    Appointed Counsel

    In order for a criminal defendant to receive a court-appointed attorney, the defendant can’t simply be unable to afford the representation of a lawyer of his or her choosing, but must meet the meaning of an indigent. The trial court has the authority to ascertain whether or not a defendant is indigent. Some jurisdictions have guidelines dependent on income that allow individuals meeting the criteria to be presumed indigent. Other jurisdictions, however, don’t have any sort of guidelines and have to make the determination on a case-by-case basis.

    In those states that determine indigence on a case-by-case basis, the court must look at the defendant’s total financial circumstances, such as his or her income, assets, debts and other financial obligations before deciding if the defendant could afford to pay for a criminal defense lawyer. Consequently, just because a defendant is unemployed doesn’t guarantee he or she will be appointed counsel.

    Defendants receiving court-appointed attorneys do not have the right to have an experienced criminal defense attorney of their choosing. If the court finds that the defendant is indigent, the court will assign a public defender to the defendant. The right to appointed counsel only extends to the trial and the first appeal of the trial court’s verdict.

    Waiving the right to A Lawyer

    Just as virtually all criminal defendants have the right to a criminal defense lawyer, they also have the right to self-representation and can waive the right to a criminal defense attorney. In order to waive this important right, criminal defendants must be able to establish to the judge that they’re competent (have the mental capacity) to waive this right and that their waiver is knowing, intelligent and voluntary. The judge has to make sure that the criminal defendant is aware of the disadvantages of self-representation before allowing the waiver.

    Defendants considering representing themselves in a criminal trial should carefully take into consideration the consequences of this action. Criminal defense attorneys have a great deal of training and understand the intricate, and often confusing, workings of the law and criminal justice process. Given the complexities of criminal procedure and, most importantly, the significant consequences a criminal conviction carries, a criminal defense attorney is best suited to protect defendants’ legal rights and help them achieve the very best feasible outcome.

    Houston Criminal Defense: Employ the Best Houston Attorney

    If you or a loved one has been charged with a criminal offense, you have the right to a criminal defense attorney. It is imperative that you begin working with a criminal defense attorney as soon as possible within the process, even if you have not been formally arrested for a crime. To learn more about your legal rights, contact the Most Effective Houston Lawyer right now.

     

    Recommended Houston Attorney » Violated Your Probation? What You Must Know.

    28 Jul

    Houston Lawyer

    Rather than sentencing a defendant to a jail term, a judge may possibly choose to sentence a defendant to probation. Probation releases a defendant back into the community, but the defendant does not have exactly the same level of liberty as a normal citizen. Probation comes with conditions that restrict a probationer’s behavior, and if the probationer violates one of those conditions, the court may possibly revoke or modify the probation.

    Courts usually grant probation for first-time or low-risk offenders. Statutes determine when probation is possible, but it is up to the sentencing judge to figure out whether or not to actually allow probation.

    Houston Criminal Defense: Hire the Finest Houston Attorney

    Even though sentencing judges have this latitude, they will have to still remain within the statutory limits when allowing probation. For example, a judge cannot impose probation for a period longer than the maximum sentence prescribed by statute.

    Probation has 3 primary goals:

    • To rehabilitate the defendant
    • To protect society from further criminal conduct by the defendant
    • To protect the legal rights of the victims

    Once a judge has granted probation, the matter moves into the jurisdiction of probation officers, who monitor the probationer’s compliance with the terms of the probation.

    Probation Conditions

    Conditions are an inherent part of probation. Judges set conditions in order to meet the goals for probation stated above. A probationer must comply with these conditions or else the court could possibly impose a prison sentence or add more restrictive conditions to their probation.

    Courts typically have a good deal of discretion when setting probation conditions, nevertheless that doesn’t mean that judges can set whatever terms they desire. Probation conditions must be reasonable. This indicates that the conditions can’t be vindictive, vague, overbroad or arbitrary. Furthermore, the conditions need to be related to the protection of the public. Also, any time a judge wishes to impose special conditions, those conditions need to relate to the nature of the criminal offense that the probationer committed.

    Judges set the conditions, nevertheless probation officers enforce them. In cases where a probation officer finds probable cause to believe that the probationer has violated the terms of the probation, the judge could possibly either change the terms of the probation or revoke the probation and impose a jail sentence.

    Probation Revocation

    Because the probationer’s freedom is at stake, however, the probationer should receive some procedural due process before a court revokes their probation. While the ruling to revoke probation, just like the decision to grant probation, is at the court’s discretion, the court needs to go through a number of procedural requirements before revoking probation. The probationer fighting revocation doesn’t have as many rights during revocation proceedings as they do in the course of the original criminal trial, however.

    In order to revoke probation, a court needs to provide the probationer with notice of the proposed revocation and conduct a hearing on the matter. The probationer has a right to testify at the hearing, present supporting witnesses, and confront the witnesses against them. The probationer also has a right to a neutral hearing body, and must receive a written statement containing the reasons for revoking probation.

    If there is sufficient evidence, a violation of even a single condition may result in revocation of probation. The violated condition has to be valid, however. In cases where a condition is later found to be unreasonable then violation of that condition will not constitute grounds for revocation.

    Houston Probation: Hire the Most Respected Houston Lawyer

    If you are accused of violating the terms of your parole or probation or have questions regarding a potential probation offense, please call the Best Houston Attorney the instant for a no charge initial consultation.

     
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    Posted in Free Criminal Defense Info, Probation

     

    Houston Lawyer » Charged With DWI? The Following Is How you can Beat It.

    23 Jul

    Houston Lawyer Charles Johnson

    When the police suspect an individual has been driving under the influence, they will ask him/her to perform a series of standard tests, also named field sobriety tests. Field sobriety tests help law enforcement determine a driver’s level of intoxication by challenging his or her physical and mental coordination and capacity to follow instructions. They are also used to establish a probable cause for arrest.

    If you are pulled over for suspected DWI, be polite to the officer. On the other hand , do not respond to any questions about what you have had to drink or when.

    Politely refuse to undergo field sobriety testing, as this is not mandatory and you cannot be penalized for a refusal of this kind.

    The three standardized field sobriety tests used by Houston police officers are:

    The Horizontal Gaze Nystagmus (HGN): HGN refers to the involuntary jerking of the eyeball. When an individual is intoxicated, it is believed that his/her eyes are more likely to twitch. Through the HGN test, the police officer will hold an object in front of the driver and ask him/her to follow the object with his or her eyes. If the driver cannot follow the object, or if his/her eyes start twitching, then it is taken as a sign of intoxication. (Even so, it is very important to note that Nystagmus is medical and physiological condition that’s common in a large amount of individuals, even though they are sober)

    The One-Leg Test: the driver stands on one foot and raises the other leg six inches off the ground when counting out loud. The driver is expected to stand on one foot without raising his/her arms, losing balance, wobbling, hopping around, or putting the lifted leg down.

    The Walk and Turn Test: the driver takes nine steps in a straight line touching heel to toe, stops, and then repeats the action in the other direction

    In addition to these DWI tests, law enforcement officers may possibly require drivers to perform additional tests, including:

    • Finger to nose test
    • Reciting the alphabet
    • Counting backwards
    • Balancing tests

    Hire the Best Houston DWI Lawyer!

    If you did perform a field sobriety test and were arrested, it is important to get in touch with the Most Effective Houston Lawyer as soon as possible. Most law enforcement officers have already decided to arrest you at this point, and are at this point simply looking for more evidence to use against you in court. Many attorneys believe field sobriety tests are inaccurate, subjective, and designed for failure. There are many factors that can cause folks to appear intoxicated, most notably nervousness, age, lack of natural coordination, lack of proper instruction, weather, fatigue, illness, physical problems, disabilities, injuries, car headlights, weight, footwear, intimidation, and traffic distractions.

    Other important advice:

    After your criminal arrest, you have the right to remain silent. You do not need to answer questions or submit to formal questioning about the case. Although you should cooperate and be polite, you do not need to respond to questions about how much you have had to drink and when. Exercise this right, and you will have a much better potential for avoiding a conviction.

    You also have the right to legal counsel. This is a constitutional right that should be observed in order to provide defendants in criminal cases the opportunity to establish their innocence. By consulting a Houston DWI criminal defense lawyer as soon as possible subsequent to a DWI arrest, you will provide him or her a better chance of making a positive impact on your case.

    If you are arrested, be sure that you speak to the Texas DPS as soon as possible. You have only Fifteen calendar days to schedule an ALR (Administrative License Revocation) hearing regarding your license suspension. Failing to schedule this hearing will lead to the automatic suspension of your license.

    Most importantly, contact the Recommended Houston Criminal Defense Lawyer as soon as you can. Having a competent lawyer at your side as early in the process as possible will mean that your rights will probably be safeguarded and you will have the very best opportunity of avoiding license suspension and a conviction.

    Houston DWI Defense: The Most Dedicated Houston DWI Attorney

    If you have been arrested and charged for DWI, and you performed one or more field sobriety test, it is vital to hire an expert Houston DWI lawyer to investigate your case and represent you in the courtroom. The Top Houston DWI Attorney will use their expertise to fight the charges brought against their clients and protect their rights. They will question the arresting officer’s ability to properly conduct a field sobriety test, and make sure the police officer did not violate their clients’ rights in the course of the arrest. Furthermore, they will be dedicated to providing each client with personalized attention, viable alternatives, and aggressive DWI defense. They will not stop working until they acquire a favorable result, and see that justice has been served.

     
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    Posted in DWI, Free Criminal Defense Info