Houston Criminal Lawyer and DWI Blog – Scheiner Law Group, P.C.

When facing any criminal charge – whether it be DWI, drug possession, or sexual assault – in Texas or anywhere, it is important to act cautiously to minimize your criminal liability and to protect your chances of successfully defending your criminal case.

Over the last few years, law enforcement and prosecutors have realized that social networking sites like Facebook and MySpace can be a treasure trove of incriminating photographs and statements from people charged with criminal offenses. In a DWI or DUI case, for example, criminal defense attorneys know that it is common for prosecutors and law enforcement officials to attempt to find pictures of a suspect binge drinking, bragging about his alcohol consumption, or making statements about his pending case.

If you are charged with DWI, DUI, sexual assault, drug possession, or any criminal offense in Houston, or anywhere, your attorney will strongly advise you to take any incriminating material down immediately. All too often, criminal defense lawyers have seen information from social networking sites make its way into the courtroom.

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Many people charged with DWI have no experience with the criminal justice system, and are unsure of what to expect after being cited for DWI in Texas. The following is meant as a brief overview of what first-time DWI offenders can expect in Houston and Texas.

The penalties for DWI can range from nothing (if your case is dismissed or if you are acquitted at trial) to 180 days in jail, a $2000 fine, or both, if you are convicted. You may also be put on probation for as much as two years.

DWI cases can take up to several months to defend properly. Your DWI lawyer will need to evaluate your case by obtaining the offense report, watching any videos related to the case, and obtaining the results of chemical tests, which can include breath test results or blood test results (currently in Harris County, blood samples take several months to be analyzed). DWI cases typically end in one of three ways: dismissal, trial, or by plea agreement. Once your DWI attorney has all the evidence needed to defend your case, he or she will have a good idea what is the best possible outcome in your case.

In addition to the DWI case, you will also have to defend your driver’s license in what is known as an Administrative License Revocation (ALR) case. Your ALR case generally has no effect on the criminal case, and vice versa. If you consented to a breath or blood test, the Department of Public Safety will try to suspend your license for 90 days, or 180 if you refused. After you are arrested, you have 15 days to request a hearing; otherwise your license will be suspended automatically for the applicable time period. If you request a hearing (which is strongly advisable) the department will have to prove that there was probable cause to stop your vehicle, and to arrest you.

By hiring an experienced team of DWI lawyers, you can maximize your chances of obtaining the best result in your Texas DWI and ALR case. It is important to note that DWI law tends to be specialized, and it may be wise to hire Houston lawyers who focus on DWI cases.

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Beginning August 19, several law enforcement agencies, in conjunction with the Texas Department of Public Safety, will begin a DWI campaign known as “Drink, Drive, Go to Jail.” This campaign will feature beefed up law enforcement patrols, along with a public-service announcement blitz warning drivers about the perils of drinking and driving. (Read the news story here).

According to the article, one DPS representative warned that “[n]o matter how good your excuse may seem at the time, it won’t save you when an officer pulls you over.” Another DPS representative claimed that DPS has a “zero tolerance” for drinking and driving.

Unfortunately for DPS, the law is not as clear cut as they would have the public believe. There is absolutely nothing illegal about drinking and driving. Although avoiding alcohol and driving is undoubtedly a good idea, the law of the State of Texas only makes it illegal to drive when a person’s blood alcohol content is above a .08, or when a person has lost normal use of his or her mental or physical faculties.

DPS’ inability to appreciate this distinction is unfortunate because it misinforms the public and law enforcement about what the law really says, and creates a situation where officers err on the side of arresting anyone who smells like alcohol and is unlucky enough to be caught behind the wheel of a car. This is wrong and has lead to the conviction of many innocent people – something that is clearly inexcusable.

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If you are charged with DWI, DUI or any alcohol related offense in Houston, Texas or anywhere, you may feel the desire to end the case as quickly as possible, perhaps by jumping on the first offer made the prosecutors. After all, you might think, the sooner your DWI case is over, the sooner probation will be over and the sooner you will get your life back.

Although this feeling is understandable, there are several reasons why you should do everything you can to fight your DWI charge. Most obviously, there are the criminal penalties. In Texas, a first offense DWI is considered a class “B” misdemeanor, and is punishable by a fine of up to $2000 and six months in jail. Alternatively, you can be put on probation which can be very costly and time consuming.

Other less obvious consequences of a DWI conviction in Texas can include an administrative driver’s license suspension (usually three or six months, depending on whether you consented to a chemical test), a driver’s license surcharge of $1000 a year for three years, and much higher rates for auto insurance. A conviction for DWI will also follow you forever and could affect your ability to find work or obtain credit.

The evidence used by police to prove DWI cases is inaccurate, and as a result, virtually no case is a lost cause. It is well-known that SFSTs are unreliable and designed to make people appear intoxicated. Additionally, it is well known that breath and blood test evidence is prone to error.  When faced with the severe and lasting consequences of Texas DWI conviction, it makes sense to fight.

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The Houston Crime Lab faced increased scrutiny last week after a former lab supervisor testified that she quit because she could no longer trust the accuracy of breath test results from some HPD breath testing equipment in DWI cases. (Read the Houston Chronicle story here).

“We could no longer choose between a paycheck and our integrity,” said Amanda Culbertson at the hearing. Culbertson, who along with a another supervisor, Jorge Wong, abruptly left the HPD crime lab recently, said breath testing equipment in the department’s vans was prone to overheat and provide inaccurate readings.

What is truly frightening about this is that it took the departure of two analysts from the Houston Crime Lab before these allegations came to light. It is now up to the District Attorney’s Office to conduct a thorough investigation to determine how many Houston and Harris County DWI cases have been affected by faulty breath testing equipment. There is absolutely no excuse for flawed evidence to be used in court against anyone.

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If you have been arrested for drug possession or delivery in Houston or anywhere in Texas, an experienced criminal defense attorney will want to challenge the “affirmative link” between a suspect and any illegal drug he is accused of possessing.

In many cases, the illegal drug is not found on a person, but instead nearby, often in an area that others had access to. In these cases, prosecutors will have trouble proving an affirmative link. It is important to remember that being merely present in the same area of drugs is not enough to be convicted.

An experienced criminal defense attorney will challenge the affirmative link by closely examining the facts of the case, and asking some of the following questions: Was the area where the drugs were found open to the public? Were the drugs found along with any other indicia of possession, like a driver’s license? Did anyone admit to possession of the drugs? Did the police collect any additional evidence – like texts messages, letters, or ledgers indicating transactions – to determine who possessed the drugs? Did the police bother to collect evidence like DNA evidence or fingerprints to find out who handled the drugs?

When someone’s freedom is on the line, we expect that the police will conduct a thorough investigation before charging someone with drug possession or delivery. But far too often, the police rely on weak evidence to charge someone. In these cases, an experienced criminal defense lawyer can challenge the affirmative link with the goal of getting a case dismissed, or getting a “not guilty” verdict at trial.

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Have you been arrested for drug possession or delivery in Houston or anywhere in Texas? You are not alone. Every year, the police in Texas arrest more than 100,000 people on drug related charges.

The penalties for possession or delivery of drugs can vary greatly. Also, cases involving drugs can be filed in federal court or in State court.

Despite the fact that drug cases can vary in many ways, there are common principles that drug cases have in common that an experienced criminal defense attorney can use to successfully defend your case.

Drug cases almost always involve a search of some kind. This can include the search of a person, a car, home or place of business. One key to challenging a case involving the possession of delivery of drugs is to challenge the legality of the search.

The United States and Texas Constitutions, as well as some statutes, protect an individual’s right to be free from unreasonable searches and seizures. This body of law is known as search and seizure law, and controls whether the police, among other things, have the right to search or arrest someone or properly applied for or executed a search warrant.

Very often, police engage in improper searches or seizures that violate person’s rights. When this occurs, an experienced criminal defense attorney will attempt to have evidence that is the “fruit” of the police’s improper behavior “suppressed” in court, meaning that the judge will not allow it to be used in court against a defendant.  When this happens, it often leads to the dismissal of a case.

While search and seizure law provides a valuable tool to defend criminal cases, it can be complicated and is constantly evolving, so it is important to hire a criminal defense attorney well-versed in this area of the law.

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A police officer is required to have reasonable suspicion of unlawful conduct in order to stop a driver (this is a lower standard than the probable cause needed for an arrest). Grounds for reasonable suspicion can vary, although reasonable suspicion is usually made in reference to a criminal or traffic statute. Your Houston DWI lawyer can analyze your case and determine whether law enforcement had an adequate justification to stop your vehicle.

The first thing to determine in a DWI case when examining whether a traffic stop was legal or not is whether the officer directly observed a violation of a law. There are circumstances where a police officer does not have to personally see a violation of the law in order to pull over a car, but the majority of stops made on the suspicion of DWI are justified by the office in question with a claim of direct observation.

It is important to remember that not all traffic violations justify a traffic stop. Courts have held that it is not reasonable to pull over a motorist only to check license and registration. In Texas, it is also usually not legal to stop a motorist for things like minor swerving in a lane, without first showing that the motorist somehow presented a danger to someone.  Any stop made solely on these grounds might not be legal or valid, and as a result, cannot be the basis for a DWI investigation or arrest.

If your attorney can prove in court that the grounds for the stop were not legally sufficient, that could lead to evidence being suppressed. The suppression of evidence in a DWI case or other criminal matter will often lead to a dismissal of the charges against you.

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El delito de asalto contra un miembro de la familia (assault-family violence) puede incluir actos violentos contra un miembro de la familia, un habitante de la misma casa, o una persona con quien se mantiene una relación romántica.  Los castigos pueden ser severos. Pero a veces, los cargos pueden ser desestimados. Casos de asalto contra un miembro de la familia pueden ser defendidos en muchas maneras.

Lo primero que usted debe saber es que: Abandonar las acusaciones no necesariamente ayuda. Cuando el denunciante de un asalto visita a las oficinas del fiscal, el o ella puede ser sorprendido de aprender que el estado de Tejas puede seguir con el caso, aun cuando el denunciante desea abandonar los cargos. Pero a la misma vez, el denunciante – sea una esposa, novia o miembro de la familia del acusado – generalmente tiene el derecho de elegir no hablar con la oficina del fiscal, lo policía, o cualquier otra persona.

En defender su caso, es importante que el acusado junte muestras de sus heridas. Si usted tiene heridas que se pueden ver, tómeles fotos de todos ángulos y en distintas luces. Use una cámara digital y tomese una foto con un periodico para que usted tengo una muestra de la fecha en que se tomaron las fotos. Otra sugerencia es que usted se atienda cualquier herida lo mas antes posible.

Por ultimo, tenga quidado de no desobedecer la orden de entredicho que puede existir en su caso. En muchos cases, un juez ordena que una persona acusada de asalto contra un miembro de la familia no tenga contacto con el denunciante en el caso por 61 dias o mas. Esto puedo incluir contacto por el teléfono, mensajes de texto, correo electrónico, y hasta contacto atraves de otros. Puede ser difícil obedecer este tipo de orden porque en muchos cases, el denunciante puede ser su esposo o esposa. Pero usted tiene que obedecer law orden del juez, aun que usted tenga que salirse de su habitación hasta que la orden se venza.

Un buen abogado de DWI debe ser capaz de identificar las cuestiones jurídicas y fácticas de su caso. Al fin y al cabo, tal es la tarea del abogado, y no la suya. Si usted busca un abogado altamente estimado en casos de asalto contra un miembro de la familia o simplemente le gustaría aprender más acerca de cómo mantener un DWI fuera de sus antecedentes penales, por favor visite nuestro sitio www.scheinerlaw.com o www.HoustonAbogado.com.

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Assault-Family Member cases can include alleged acts of violence against a family member, a member of a person’s household or someone in a dating relationship with the person accused. The penalties in Texas for Assault-Family Member can be harsh, and it is important to hire a criminal defense attorney to help guide you through the process.

Here are a few important things to understand about Assault-Family Member Cases:

Many people mistakenly believe that if the complainant (the alleged victim in the case) drops the charges, the case will go away. This is not so. When the complainant visits the District Attorney’s Office to attempt todrop the charges, he or she is often surprised that prosecutors may pursue the case, with or without the complainant.

Prosecutors and police will begin putting together a case right away, and you should do what you can to preserve evidence.  This can include recording proof of any injuries suffered. Using a digital camera, photograph any visible injuries. Also, try to pose with a newspaper, so you will have at least some proof of the date the photos were taken.

It is also extremely important to not violate any restraining order or magistrate’s order for emergency protection. Often, a judge or magistrate will order that someone charged with Assault on a Family Member not have any contact — in person, over the telephone or even through a third person – with the complainant in the case.

Following this order can be difficult in many cases, because the complainant might be a spouse or someone who lives in the same household. But you must follow the judge or magistrate’s order, even if that means temporarily moving out of the residence until the order has been lifted.

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