While most states call drunk driving DUI, Texas calls it DWI or driving while intoxicated. Regardless of the initials, all states have laws and various penalties to combat drunk driving. A driver in Texas can face several stiff penalties for a DWI. Overview of Texas...
Criminal Defense
Refusing a Breathalyzer test in Texas
If an officer suspects that a driver is drunk, they usually pull the driver over for testing. A common test that officers use to check blood alcohol content is the Breathalyzer. Drivers in Texas may wonder if they can refuse the test and what happens next. Overview of...
Elements of manslaughter and possible defenses in cases
Texas takes crimes that result in a person’s death very seriously. That includes manslaughter, which is a crime that is complex in the state. While other states have charges of voluntary and involuntary manslaughter, Texas doesn’t make a distinction. It’s important to...
Varying factors determine your BAC
Blood alcohol content readings can be affected by certain factors that Texas law enforcement officers may not consider when conducting the test or prosecutors will not consider when pressing charges. They rely strictly on numbers. The truth is that body frame and...
What are the elements of manslaughter in Texas?
Any incident that leads to the death of one person can carry with it long-term legal issues, in criminal as well as civil court. In Texas, the deliberate and intentional killing can be charged as a form of murder, but a number of other types of deaths may lead to...
Can police lie to teenagers during an interrogation?
There's a surprising double standard in the interrogation room: Although the people who are being interrogated are expected, to tell the truth, it's actually quite legal for Texas officers to lie during these conversations. Police are legally allowed to lie to minors...
Understanding juvenile justice proceedings
In Texas, juvenile justice proceedings are a subset of the Family Code. The juvenile system operates very differently from criminal courts for adults. Juvenile proceedings marry aspects of family court with those of civil court. There are many reasons juvenile justice...
Are juveniles protected against self-incrimination?
Juveniles who have been taken into custody on criminal charges are often under a great deal of pressure to confess to an alleged offense. Just like adults are, they are protected by the Fifth Amendment against self-incrimination, but they may not be aware of this, and...
The Brady rule protects the right to due process
Prosecutors in Texas and around the country are required to turn over exculpatory material to the defense. This includes evidence that would be favorable to the defendant, could reduce their sentence if they are found guilty or could be used to impeach the credibility...
How probable cause affects your case
Police do not have a blank check when it comes to conducting searches of Texas residences. Before they search, they in most cases must go to a Texas magistrate and obtain a warrant. The key requirement for this warrant is that the officer has probable cause backing it...