Category: Law

Understanding Deeply The Houston Felony DUI

Felony DUI And What You Need To Know In Houston

For the states that have revised and extended their DUI laws, felony drunk driving (felony DUI) is regarded as a criminal act. The first time DUI offender is often slapped with a misdemeanor charge in all states. But there are instances where the offender can face felony charges instead of misdemeanors.

What Is Felony Drunk Driving?

There is a significant difference between a felony charge and a misdemeanor charge. The latter is mostly punishable under a small monetary fine, which is less than a thousand dollars or a maximum jail term of up to a year. tippmix szelvény As for a felony, the offender faces financial penalties that can be higher than a thousand dollars and a jail term that is longer than a year that is served in a prison facility.

In some states, the same rules and penalties may apply to different vehicles aside from automobiles. As such, the rules and fines may apply for bicycles, boats, ATV (all-terrain vehicles, and farm machinery. egy kínai bukméker meggyilkolása online

Instances Of Felony Drunk Driving

In most of these states, the following acts might be categorized under felony DUI laws:

  • Operating a car with more than the acceptable blood alcohol level (usually at 0.16%).
  • Severe injury to another person due to drunk driving.
  • Repeat DUI offense, in which the third time is classified as a felony.
  • Unintentional killing of another road user how it hit by a vehicle driven by an intoxicated person.
  • Driving with a suspended, restricted, or revoked license.
  • Assault with a deadly weapon; in this case, the car is the weapon. sportfogadás foci
  • Driving drunk while with children in the vehicle.

The specifics of the offenses regarding the charges and penalties vary from state to state. But felony DUI charges are often for repeat DUI offenders. The felony drunk driving is usually as a result of the person in questing having two prior DUI convictions and is on the third such legal infringement.

Keep in mind that your state may have other charges leveled against felony DUI. You should check the law in your jurisdiction and consult with a DUI lawyer if you seek clarification.

Other Notable Consequences Of Felony DUI Charges

The result of a felony DUI convictions, as is with most felony charges, may include more than just fines or incarcerations. For instance, a felony DUI offender may face the following:

  • Temporary or permanent loss of all driving privileges.
  • Close monitoring, and it may include ignition interlock devices, house arrest, and SCRAM ankle bracelets that monitor blood alcohol levels.
  • Loss of child custody and visitation privileges (the chances of this being greater if the kid was involved in the drunk driving incident)
  • Revocation of some civil privileges such as firearm ownership

As such, felony drunk driving charges can have a profound impact on a person’s life, and with far-reaching consequences. Moreover, the felony charges are not that easy to erase from your criminal record, when compared to the misdemeanors. A felony DUI is categorized as a serious crime under the class of felonies.

Do I Need An Attorney For Felony Drunk Driving Charges?

Facing felony DIU charges is a weighty matter that you should not approach lightly. You should consider having an experienced DWI/DUI attorney handling your case. The lawyer will help you come up with a strong defense based on the DUI rules and regulations in your jurisdiction. The facts surrounding your case will influence the outcome; they may play a part in having the charges dropped or getting a reduced sentence.

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation!

How Does A DWI Affect Your CHL?

How a DWI Could Affect Your CHL in Texas

You may have heard Charlton Heston’s “Out of my cold dead hands” speech quoted many times. His words and the 2nd Amendment are a big deal to people who own guns. بوكر حقيقي على النت Especially for those in Texas where the CHL is available, and where handguns are a major part of the culture. A DWI could take that license away, and that’s a scary thought.

Often, law-abiding citizens take the time to go through the process of getting a concealed handgun license, and then later make one mistake and are faced with a DWI as well as a potential charge for unlawfully carrying a weapon. This can be a huge shock to a person. They took the steps to get the paperwork required to carry in their State, and often they didn’t even have their firearm directly on their person at the time they were faced with the charge, yet they need two bond payments and are faced with two cases, so more time on their attorney’s bill as well.

How Can a UCW Charge Occur for someone Licensed to Carry, or who Carries a Weapon in Their Car in Texas?

The law can be quite confusing, but under Section 46.02(a)(2)(A) of the Texas Penal Code, if a person is engaged in criminal activity, then they could be charged with unlawfully carrying a weapon even if they have a license to carry, and even if the weapon is stored in their vehicle rather than on their person. For this reason, do not drive with an open container, or, if you are going to drive with an open container make sure that you do not have a weapon with you, either on your person or in the vehicle. This will massively reduce the likelihood of you being charged.

If you are arrested for a DWI, and you are discovered to be carrying a weapon, then you run the risk of being convicted for the DWI and also arrested for illegal weapon possession. However, and this part is important to understand, if you are later found innocent of the DWI then you will also, therefore, be innocent on the charge of illegal weapon possession assuming that you were licensed and otherwise correctly handling the weapon. موقع قمار The lesson here is that you should not drink and drive because as a weapon owner you face greater penalties than the average person should anything happen.

Can a DWI Impact My Right to Hold a CHL?

DUI Charges Dropped in HoustonTexas has strict rules when it comes to the CHL. If you are convicted of a misdemeanor at Class A or B, then you will be faced with disqualification from your CHL for five years. Your first DWI would be enough for you to see this penalty. Indeed, deferred adjudication for a DWL would be classed as a conviction. موقع مراهنات رياضية

Cases which are dismissed after the probation of deferred adjudication are still counted for the purposes of a CHL, and if someone is given two DWIs in a ten year period then they could be disqualified on the grounds that they are a chemically dependent person, and that disqualification will persist even after the five-year disqualification has been served. However, if you are found not guilty or if your case is dismissed, then you will still be able to apply for a CHL.

If you have a CHL and are Charged with a DWI What Happens Next?

There is no due process with the CHL. If you are charged with a DWI then your license will be suspended immediately. You will need to fight the charge to have a chance of getting your license restored.

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation!

The Administrative License Revocation Hearing And It’s Importance

The Importance Of The Administrative License Revocation Hearing

You should be provided with a DIC-23 (Notice Suspension Temporary Driving Permit) and DIC-24 (Statutory Warning) by the State of Texas once you are arrested for Driving While Intoxicated (DWI). There are 3 main reasons why you are issued with these documents:

As A reminder Of Your DWI Arrest

DUI Helpful Ideas in HoustonIf you did not provide a blood or breath sample or provided one with a 0.08 alcohol content the documents are meant to inform you that your driver’s license is subject to suspension for 180 or 90 days respectively.

Lastly, the documents are meant to inform you that you can attend an ALR (Administrative License Revocation) hearing where you get a chance to challenge the suspension. clinical trials.gov ivermectin dengue

To ensure that you are well represented at the ALR hearing, it is recommended that you hire a formidable DWI lawyer. aspen pet ivermax veterinary ivermectin The proceedings which normally place you on the opposite side of an experienced Department of Public Safety prosecutor are adjudicated by a judge working under the (SOAH) State Office of Administrative Hearings and the rules of procedure and evidence apply.

Importance Of The Administrative License Revocation Hearing

The ALR hearing is important for 2 main reasons, as an expert DWI lawyer will inform you:

It gives you the chance to prevent the suspension of your driver’s license.

To properly prepare a defense for your DWI case, the hearing can facilitate the discovery of vital evidence.

The evidence that will be used during the hearing, as well as your criminal, a case can be legally challenged for the first time during the Administrative License Revocation hearing. It is possible for us to question the arresting officer about the details of the arrest, after subpoenaing him to the hearing and placing him under oath.

This Leaves The Officer Somewhat Exposed

The officer’s testimony is captured on record when he/she is questioned under oath. There is no way for the officer to correct any errors he/she committed during the arrest, nor can he/she change his account of the arrest. can i buy ivermectin over the counter in australia To impeach the officer in a jury trial or successfully convince the ADA (Assistant District Attorney) to throw out the case, we can use this record.

To better understand your DWI case, a skilled DWI lawyer takes advantage of this opportunity. The ADA’s case can also be weakened before they understand what it is about, at this point as well.

There’s A 15-day Widow For Booking Your Hearing

Act swiftly once you receive your Statutory Warning and your Notice of Suspension Temporary Driving Permit.

To help prevent the suspension of your driver’s license, book a meeting with a qualified and experienced DWI lawyer as soon as you are released on bond.

The DPS will automatically suspend your driver’s license 40 days after the arrest if the ALR hearing is waived as a result of you not requesting a hearing within the 15-day window after receiving a Statutory Warning and Notice of Suspension Temporary Driving Permit.

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation!

My DWI Attorney Is Also My BWI Attorney?

Discover How The Same Lawyer That Helps You Fight A DUI Can Help With A Charge Of Boating While Intoxicated

When summer arrives an attorney who defends clients when they get a DUI charge will often work with defendants who are facing a charge of boating while intoxicated. In fact, our firm often works with as many clients that are charged with a BWI as ones that have DUI during those months. The BWI charges often have similar consequences if they result in a conviction as a DWI would.

Get A Lawyer With Experience Defending Clients With BWI Charges

For many, the summer and holidays revolve around activities that have alcohol. When we think of spending time on a boat we will often imagine the wind blowing through our hair, water skiing, and a case of beer in the cooler. We may end our time on the boat in the same state with which we went out on it, but sometimes we may have made the decision to down a number of beers. This is when you might be charged with boating while intoxicated and need the assistance of an experienced lawyer. ingyen kockás nyerőgépes játék

What Is The Difference Between Just Floating While Intoxicated Versus Boating While Intoxicated? gaminator kalandtúra

Local penal codes say that a watercraft is defined as a device that can transport people on the water in any way other than the current of the water itself. This means that if you’re on any type of aquatic vessel other than an inner tube or simple floating device and you’ve consumed alcohol, you are at risk of being charged with a BWI. One of the big issues with these types of charges is the fact that the police officer often isn’t required by law to have a specific point of suspicion that you are in violation in order to come aboard and check things out.

An Officer May Come Aboard For A “Safety Check” That Is Actually A Ruse

Boaters are beginning to find it routine for officers to come aboard claiming they need to do a safety inspection. In many cases, this is simply a ruse so they have the chance to check over your boat and ask you questions regarding alcohol consumption. The officer may ask you to do some basic tests and then they may ask that you take your boat ashore. Once you’re back on land they will give you a few minutes to be acclimated to being on land and then they will perform a more thorough roadside test to determine sobriety similar to the ones they give when you are suspected of driving intoxicated.

You may have been on the water for several hours fishing or joyriding and yet the officer will only allow you a few minutes to reacclimate to being on land. This may mean for some, that their balance has not fully been regained and this could give the officer sufficient reasons for further tests to determine if you consumed alcohol.

Implied Consent And Boating While Intoxicated

The law allows for implied consent with a BWI just as it does with a DWI. This means that the police officer will be able to ask you to take a breathalyzer and the choice to comply or not could have significant consequences. If you choose not to take the breathalyzer then you could lose your license for 180 days. If you take the breathalyzer and register over .08 then you could lose your license for 3 months.

How A BWI Can Impact Your Commercial Driver’s License

If you take the breath test and you register over .08 or if you refuse to take an alcohol test then your CDL will be suspended for 12 months. That could cost you your job simply for drinking a bit too much while fishing. You are given 2 weeks to request a hearing if you’ve been arrested on this charge. The hearing is called an Administrative License Revocation Hearing and is for the purpose of giving you a chance to save your commercial license. If you can get the right lawyer to go with you to this hearing you stand a good chance of saving your license.

What Are The Penalties For A Conviction Of BWI?

If this is the first time you’ve received this type of charge then it will be a class B misdemeanor. You could get anywhere from three days to six months in jail if convicted. You could also get a $2,000 fine.

This charge can also be used to increase the punishment you would receive if you got any future charges of BWI or DWI. tippmix sportfogadás szelvény If you’ve already received this type of charge previously then if convicted your punishment could be more substantial. In some cases, the misdemeanor could be upgraded to a felony charge.

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation!

How A DWI Affects Your Insurance

Understanding How A DWI Impacts Your Car Insurance Rates

Few things can upend your life in quite the same way as getting arrested for Driving While Intoxicated (DWI). The impacts can affect every aspect of your life including your finances. For instance, if you are convicted, it could dramatically increase the amount of money that you have to pay for car insurance.

After a DWI arrest, there are several expenses that you will face right away:

  • Covering bail
  • Finding a lawyer
  • Complying with the terms of your release. For instance, you may need to pay for monitoring tools to track your alcohol use.

The amount of money that you need to cover these costs depends a lot on your specific case. If you are ultimately convicted of driving while intoxicated, however, you could see a significant increase in your car insurance rates. In many cases, this increase can wind up costing you more than double, or even triple, what you are currently paying. Adding this extra expense on top of all of the other costs you are dealing with can seriously impact your finances.

What Causes Car Insurance Rates To Go Up After A Conviction For DWI?

Insurance companies decide how much to charge for insurance based on each driver’s individual level of risk. If you are convicted of Driving While Intoxicated, it puts you in a high-risk category, resulting in much higher rates. According to the National Highway Traffic Safety Administration, DWI-related accidents caused more than 10,000 people to die in 2016. From a financial standpoint, the damage during that year added up to more than $44 billion. Insurance companies charge higher rates to drivers who are at a higher risk of getting in accidents to help cover these costs.

Paying For An SR-22

Having to pay higher insurance rates is only one part of the equation. You also have to obtain an SR-22, which is a Financial Responsibility Insurance Certificate. The purpose of this certificate is to prove that you have adequate insurance coverage to meet the minimum requirements for liability insurance in your state.

For instance, in the state of Texas, all drivers are required to have insurance that meets these minimum requirements for liability:

  • Coverage for the death or bodily injury of an individual person resulting from an auto accident in the amount of $30,000
  • Coverage for the death or bodily injury of two or more individuals resulting from an auto accident in the amount of $60,000.
  • Property damage coverage to cover the cost of repairing any accident-related damage in the amount of $25,000.

The law requires you to obtain an SR-22 for at least a two-year period following the date of your conviction. In most cases, the payments for an SR-22 are made on a biannual basis rather than being broken out into monthly payments.

If you are convicted of driving while intoxicated, you should anticipate a large increase in your insurance rates.

Even worse, some insurance companies may drop your coverage altogether. In some parts of the country, insurance rates can go up by as much as 400% after a conviction. In the state of Texas, the average is around a 100% increase.

To determine what rate to charge, most insurance providers evaluate the past few years of your driving history. That means that if you try to obtain insurance before the DWI falls off your driving record, you still will have to pay a higher rate. قوانين بلاك جاك As long as you don’t have any further incidents, however, your driving record will eventually clear up and your rates will drop.

How To Keep Your Insurance Rates From Climbing

The only surefire way to keep your insurance rates from going up is to keep from being convicted after being arrested for DWI. Even though you may have to pay a variety of different fees in relation to your arrest, if you can avoid a conviction, you may not need to deal with the ongoing expense associated with higher insurance rates.

One option that may work is signing up for a pretrial diversion program. With this option, you don’t have to submit a guilty plea and you won’t lose your license. كازينو 888 تسجيل الدخول As a result, your insurance rates probably won’t be affected. صعود باريس سان جيرمان Getting the charges against you reduced or dropped can also be beneficial; particularly if the reduced charges don’t require you to lose your license. If your license is not suspended, you probably won’t need SR-22 insurance, which can lower your ongoing costs.

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation!

What’s Deemed As Consent? Texas DWI Law 101 Part III

What Is Deemed Consent? Do You Have The Right To Refuse To Take A Blood Or Breathalyzer Test

Part 3 Of 3

Butler Law Firm | Top Rated DWI DUI Attorney | Best Houston Civil Desfense Lawyer“Shall” vs. “May”

When the bill was drafted that became law later on as Section 724.015, the words were very important. According to the Code Construction Act, the use of certain words by the legislature leaves no doubt that using the term “shall” means the required duty of the officer, I.e. “the officer shall inform.” The reason why we know this is because Section 311.016 of the Act states that the following constructions are applicable unless the context where the phrase or word appears requires that a different construction be made or the statute expressly provides a different construction:

1. “May” grants a power or permission or creates discretionary authority.

2. “Shall” imposes a duty.

Therefore, the use of “shall” (duty) by the Legislator rather than “may” (discretionary) does not leave a doubt that both the oral and written warnings may be given meaningfully before a blood or breath test may be made. With this understood, our law doesn’t allow for discretion regarding the need for providing the totality of our two warnings. This same lesson can be applied to “and” which can be distinguished from “or.” Therefore, without a proper “statutory warning” give, there is no penalty for refusals and no deemed consent.

You are still able to refuse a test that is under deemed consent even if you have been given a statutory warning.

Interestingly enough, just because you are provided with the proper statutory warning, that doesn’t mean the driver is not able to refuse or decline submitting to the test. The driver indeed can! However, when that is done, then the State can impose two particularized and limited penalties: a driver’s license suspension and informing the jury about the failure of the driver to submit to testing.

The latter penalty’s purpose is to allow the State to infer the “guilty mind” state to a jury, ie. the driver believed he was guilty of a DWI and was attempting to hide evidence pointing to his guilt. As regards to “guilty mind,” it is important that all refusals not be admitted into evidence. The admissibility will depend on potential harm and relevance.

For example, it can be argued that the refusal of a driver, based on her or his desire to have their lawyer’s advice before refusing or agreeing, does not have any relevance unless the driver is first informed by the officer that for this purpose does not have a right to an attorney. That is true since Texas court that has been held for a long time that there is no inference of guilt that may occur by the rights being invocated, eg. to remain silent or have assistance from a lawyer.

In terms of the driver’s right to refuse, this can be found at Section 724.013, and it states:

Exception for the Prohibition on Taking Specimen if the Individual Refuses. Except as Section 724.012(b) provides, a specimen might not be taken if the individual refuses to submit to take a specimen that a peace officer designates.

Unfortunately, nearly right that a citizen has will have exceptions that are attached to them, and an exception is not “right to refuse.” For example, an officer, under really limited circumstances, may take blood forcibly if there are any exigent circumstances for doing so (the substances that cause impairment are starting to dissipate within the driver’s body) and there isn’t enough time for getting a search warrant secured.

Search Warrants Should Not Be And Are Not Automatic

Another example is a search warrant that is obtained that authorizes the taking of blood by force. A search warrant is a type of judicial order that is based on an affidavit, i. كيفيه لعب الطاوله e. a sworn narrative of the events that are provided by the officer to a judge for establishing for probable cause that a DWI offense has been committed by the driver and that the controlled substance, drug, or alcohol is evidence of this crime, is inside the individual’s blood and is in the process of dissipating.

A search warrant is not intended to be issued automatically upon the request of an officer. Just because a warrant is requested by an office doesn’t automatically mean that is should be granted by a judge. If upon review of the affidavit of the officer’s, determine that the facts are insufficient for establishing probable cause (i.e. facts that show the DWI offense was probably committed by the driver and not just a suspicion or hunch or a simple conclusion), the warrant request should be denied.

Said in a different way, it is not automatic to get a search warrant since it is conditioned based on an affidavit that is factually sufficient that shows probable cause that is provided to a detached and neutral judge. بوكر بويا Finally, when a warrant is issued, it is important or a driver to know that she or he can be made to forcibly provide blood samples as long as reasonable and limited force is used by the officer.

No deemed consent for a urine test being taken, but there is for blood and breath conditions are met.

To conclude, no deemed consent exists to take a urine test. There is also no deemed consent for a blood or breath test unless these 3 conditions are met:

  • A driver is under arrest
  • The driver was provided with an oral statutory warning
  • The driver was provided a written statutory warning was given, and the warnings took place
    before a request is made for a test.

Furthermore, just because those 3 conditions have been met, that doesn’t mean a driver must agree to take the sample specimens. كزنو ٨٨٨ In fact, many argue it is better refusing the test since breath test machines have not been warranted to be fit for breath testing by their manufacturers, and, since the breath that is provided isn’t preserved for checking it subsequently of the machine’s reliability and accuracy.

This same logic applies to a blood sample being taken. That is because there are no guarantees that it will be conducted in a sanitary place, by people who are not trained properly to take the sample and analyze it as well. Finally, knowing about these blood and breath testing problems, some people argue that the best evidence for sobriety is when testing is refused by the driver since there are no risks that an infection or erroneous test evidence may occur.

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation! Click here for the first article in this series.

What’s Deemed As Consent? Texas DWI Law 101 Part II

What Is Deemed Consent? Do You Have The Right To Refuse To Take A Blood Or Breathalyzer Test

Part 2 Of 3

A police officer is allowed to coerce only under deemed consent if someone is arrested
By section 724.011, if the person is arrested, that individual must provide a specimen after the arrest. According to the deemed consent statute, it is not proper at all for a police officer to give what is called a statutory warning; unless the driver has been arrested. What is clear is that the state of Texas will allow legally limited coercion to get a breath test or a blood sample, however, any coercion may only happen if the individual has been first arrested.

Additionally, a police officer may ask for urine, breath, or a consensual blood test – prior to or after the arrest – only if there is no coercion presented in any manner. In regard to the taking of urine, there is no possibility deemed as consent if there is any coercion involved. لعبة 21

Specimens taken under deemed consent by and a police officer can only be acquired via written or oral warnings. العاب المال

According to conditions 2 and 3, we must observe the statutory provisions that are located in section 724.015, entitled Information Provided by Officer Before Requesting Specimen. It is in this specific section where we have the legal language which states:

Before a person can be asked to submit to the production of a taking of a specimen, the police officer shall inform the individual in question in writing and also orally (emphasis added).

This means that two more things must be done before any driver can be subjected to coercive consequences per the rules of deemed consent. Specifically, both an oral and written warning (as noted in the 724.015, supra). This is only possible with the form entitled Statutory Warning, better known as a DIC 24. العاب قمار روليت This states that the police officer must read their request out loud and also provide the driver with this request in writing after the arrest. This was done to allow citizens to be aware of stated penalties that may occur if there is any type of refusal to a test request that is properly made.

This requirement for the simultaneous oral and written methods, for the same morning, is a form of legislative recognition that the individual is being subjected to a DWI investigation, and takes into account that he or she may be nervous and may not have understood their rights or the consequences for refusing the police officer’s request. Without question, the legislature was able to understand there is a much better chance of someone understanding the combination of both requests, thus making the consequences associated with a refusal more understandable. Both ways of delivering this message; a written and oral presentation; must be presented prior to a request for breath or blood can be made.

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation! Click here for the third article in this series.

Houston’s Criminal Justice System Post Hurricane Harvey

Exploring Houston’s Criminal Justice Post Hurricane Harvey

 

Hurricane Harvey caused havoc for people who live in Houston. The storm caused a huge amount of flood damage, and the government buildings situated in downtown Houston were not spared damage or destruction. The Criminal Justice Center sustained massive damage and the lower levels of the courthouse were flooded. The plumbing system was backed up, and even several months after the hurricane had passed by the courthouse remained closed.

As the people of Houston attempt to rebuild their lives, this demonstrates just how flexible the criminal justice system in Houston can truly be. Today, there are temporary measures in place that help to ensure hearings and trials can still be held. The District Attorney’s office has more than 700 employees, who had to find creative ways to re-shape their infrastructure to deal with the logistical challenges that the closure of the courthouse created. Today, the District Attorney’s ‘office’ is spread across ten buildings, including some rented space located in the South Texas College of Law, where they expect to remain until September 2019.

Criminal law judges are sharing the same courtrooms as civil law judges and those operating in family law. This should be a temporary situation, but for now, it places a premium on courtroom time, and it has created delays for all kinds of cases. Delays are the biggest concern for a lot of people. Defendants say that they are not guilty, they do not want to plead guilty, and they are scared because they know that their trial could take months. They feel pressure to plead guilty just so that they can get out of jail. pode dar ivermectina para cachorro filhote

In order to reduce delays and get through the backlog of cases, the DA’s office is now prioritizing serious charges, and has reduced plea bargain offers on lower-level misdemeanors and things like drug crimes that occurred during the storm. The focus, for now, is crimes against people or property and they do not want to encourage lawyers to rush those cases or to sell defendants (or plaintiffs) short. ivermectin oral for deer

What The Closures Mean for Your Case

If you are a Houston resident who has been arrested and charged with a criminal offense such as a DWI then it is likely that your trial will be delayed. The DA’s office is willing to provide some flexibility with lower-level crimes so there is the possibility that you might be able to resolve your case promptly. If you want to fight to prove your innocence then you should talk to a Houston DWI lawyer about your options, to determine what your options are when it comes to avoiding the delays.

James ‘Jim’ R. Butler is from Waco, Texas. He is a graduate of Baylor University and holds a BA in Political Science. He went on to earn a Juris Doctor Degree from South Texas College of Law and has been licensed to practice law by the Supreme Court of Texas since 1993.

While at law school he focused on Criminal Law and Trial Advocacy. After doing a two-year internship with the District Attorney’s Office in Harris County he discovered that his true calling was defense, rather than prosecution. efeitos colaterais do medicamento ivermectina He focused on DWI so that he can help good, honest and hardworking people who are worried about their futures, concerned about losing their jobs, and fear that their insurance rates may increase if they are prosecuted. He wants to help people defend themselves in court.

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation!

Houston’s Criminal Justice System Since Hurricane Harvey

Exploring Criminal Justice Post Hurricane Harvey

Hurricane Harvey caused havoc for people who live in Houston. The storm caused a huge amount of flood damage, and the government buildings situated in downtown Houston were not spared damage or destruction. The Criminal Justice Center sustained massive damage and the lower levels of the courthouse were flooded. The plumbing system was backed up, and even several months after the hurricane had passed by the courthouse remained closed.

As the people of Houston attempt to rebuild their lives, this demonstrates just how flexible the criminal justice system in Houston can truly be. Today, there are temporary measures in place that help to ensure hearings and trials can still be held. The District Attorney’s office has more than 700 employees, who had to find creative ways to re-shape their infrastructure to deal with the logistical challenges that the closure of the courthouse created. Today, the District Attorney’s ‘office’ is spread across ten buildings, including some rented space located in the South Texas College of Law, where they expect to remain until September 2019.

Criminal law judges are sharing the same courtrooms as civil law judges and those operating in family law. This should be a temporary situation, but for now, it places a premium on courtroom time, and it has created delays for all kinds of cases. Delays are the biggest concern for a lot of people. kasyno online opinie Defendants say that they are not guilty, they do not want to plead guilty, and they are scared because they know that their trial could take months. They feel pressure to plead guilty just so that they can get out of jail.

In order to reduce delays and get through the backlog of cases, the DA’s office is now prioritizing serious charges, and has reduced plea bargain offers on lower-level misdemeanors and things like drug crimes that occurred during the storm. The focus, for now, is crimes against people or property and they do not want to encourage lawyers to rush those cases or to sell defendants (or plaintiffs) short. zakłady bukmacherskie online

What The Closures Mean for Your Case

If you are a Houston resident who has been arrested and charged with a criminal offense such as a DWI then it is likely that your trial will be delayed. The DA’s office is willing to provide some flexibility with lower-level crimes so there is the possibility that you might be able to resolve your case promptly. If you want to fight to prove your innocence then you should talk to a Houston DWI lawyer about your options, to determine what your options are when it comes to avoiding the delays.

James ‘Jim’ R. Butler is from Waco, Texas. He is a graduate of Baylor University and holds a BA in Political Science. He went on to earn a Juris Doctor Degree from South Texas College of Law and has been licensed to practice law by the Supreme Court of Texas since 1993.

While at law school he focused on Criminal Law and Trial Advocacy. After doing a two-year internship with the District Attorney’s Office in Harris County he discovered that his true calling was defense, rather than prosecution. He focused on DWI so that he can help good, honest and hardworking people who are worried about their futures, concerned about losing their jobs, and fear that their insurance rates may increase if they are prosecuted. He wants to help people defend themselves in court. pilka nozna zakłady online fortuna

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation!

Don’t Plead Guilty To DWI! Tips From Houston’s Premier DWI Attorney

Why Your Best Option Might Not Be To Plead Guilty To DWI

Part 1

The Government’s strategy in many counties appears to be to wear you down with many tedious court appearances to get you to plead guilty on your DWI charge. What the government does in the process is to wear you down to the point that you accept a guilty plea because you just want to be done with it all.

You Have The Right To Plead Not Guilty to DWI

It is more expeditious to accept a guilty plea. It brings the process to an end but it might be the beginning of a different nightmare while you are fulfilling the obligations from your plea agreement. However, then you have a DWI conviction to live with and that can really harm your social well-being, your financial well-being, and your career.

We understand that you might get impatient and want to end things just as soon as you can since we represent hundreds of BWI, DUI, and DWI clients each year. Also, we spent lots of time counseling individuals we did not represent in their DWI case that not regret having accepted the plea. Many of these people who had a different representation, did not understand what the consequences were to their decision.

Like Running a Marathon

We advise our clients to be as patient as possible during the process. It is not a sprint to defend DWI charges; it is a marathon. it is very important that an aggressive defense is mounted and too let the process run its course.

Many attorneys do not understand a DWI charge’s consequences beyond the punishment that is outlined on the paperwork for the plea. For years now we have worked on intoxicated-related offenses, so we understand what the collateral consequences are to a plea. Listing every potential consequence would be nearly impossible, so choose a lawyer who can answer all of your questions based on your career and life.

The Truth Regarding DWI Conviction Consequences

The following are some of the more common consequences and concerns that come with pleading guilty to a DWI charge.

Your Commercial and Personal Drivers Licenses Will be Suspended

In addition to the ruling from the Administrative License Revocation hearing, you also will suffer additional consequences and suspensions due to your DWI conviction:

  • Charge Length of Suspension
  • 1st DWI 90 days to 1 year
  • 2nd DWI 180 days to 1 year
  • 3rd DWI 180 days to 1 year

On a first-time DWI charge, your driver’s license will not be suspended if you are put on probation and enroll in a DWI education course and complete it as one of the conditions of your probation. As one of your probation conditions, however, the court might order you to not drive or may order that you install an ignition interlock device on your car. That will cancel the current driver’s license you have. However, if you pay a ten dollar fine, a new license will be issued by the DPS that allows you to only drive vehicles that have an ignition interlock device installed.

If you have a commercial driver’s license, most likely you will end up losing your job if an interlock device has to be installed on a company vehicle, since most employers will not do this. On a first-time DWI conviction, you will receive a one-year suspension on your commercial driver’s license no matter what type of punishment you receive. In a majority of cases, the DPS might issue an occupational license to you, but it won’t allow you to operate any vehicle, including a commercial one if your probation terms prohibit it. كازينو الكويت

You Will Pay Higher DWI Surcharges And Insurance Rates

A majority of pleas agreements do not detail the financial consequences that are associated with a DWI guilty plea. In addition to your insurance rates skyrocketing, you will be required to also carry SR22 insurance and have this on file for two years with the state.

DPS surcharges will also have to be paid on your driver’s licenses. Here are the amounts you will be required to pay:

  • First DWI charge: $1,000
  • DWI charge over .15 blood or breath: $2,000
  • Subsequent DWI charges: $1,500

It is very important to understand the surcharges before you take the plea because, in certain situations, the judge may waive your DPS surcharges. Some individuals have had their surcharges reduced via the Indigency and Incentive Program. لعبة الرهان الرياضي However, after the surcharges bill is issued, you have only 105 days to make your payment or get a payment plan set up with the surcharge program. Failing to do so will result in your license being suspended. روليت مباشر

Give Jim a call today and let him give you a free consultation so that you can get the help that you need. You can contact Jim for your free consultation! Click here for the second article in this series.