Tag: Criminal Attorney In Houston Tx

Addressing Lesser Included Offenses With Our Houston DWI Attorney

What Are Lesser Included Offenses, And Why Are They Important?

In Texas criminal cases, lesser included offense laws might have a significant role to play for the defense. ألعاب محرمة However, the prosecuting attorney can also use them to gain an advantage during a trial. When charged with a crime, the key to succeeding with lesser included offenses is having the right strategy. This requires a thorough and in-depth understanding of the way the law works. كاس امم اوروبا 2022 Hiring an experienced DUI attorney in Houston TX will give you more information on how those laws can be applied to your specific situation, but it can be useful to go over the basics and discover what the potential advantages are.

Lesser Included Offense Under State Law In Texas

The Texas Code of Criminal Procedure states that a lesser included offense is an offense that:

  • Can be proven by the same facts or fewer than all the same facts, that can prove the crime that the prosecution has charged;
  • Is different from the crime that has been charged, in only that a less serious risk of injury or injury to the public interest, property or person is involved;
  • Is only different from the crime that has been charged, in that a less blameworthy state or mind is involved; or,
  • Includes characteristics of attempting to commit the crime that has been charged or a crime that is otherwise included.

A Good Example

One common scenario that is used for describing the lesser included offenses concept is strangulation. In the Texas Penal Code, this crime falls under the Assaultive Offenses category. Assault is a Class A Misdemeanor and refers to knowingly threatening or causing bodily injury to another individual.

Choking someone is also a form of assault; however, it includes the added element of stopping another person’s air flow. The strangulation assault crime is raised to a Third Degree Felony.

Based on our example, assault is the lesser included offense of strangulation. It may be proved by less than all of the identical facts because it isn’t necessary for assault to establish that the airflow of another individual was stopped by the defendant.

Implications at Trial of Lesser Included Offenses

Lesser included offenses in the Texas statute may be included in an effective strategy for defending your rights during a criminal case. Your goal is to ultimately have the option of a lesser offense included before the jury has gone into deliberations.

Is Not a Separate Charge: Whenever there is an option for a lesser included offense in your case, it won’t be a separate charge. The judge is the only one who can order the jury to take into consideration whether or not to convict you based on a crime that isn’t part of the official charges that have been brought against you. Jury instructions are used to do this.

How Jury Instructions Work in the State of Texas: After the prosecutor has presented his evidence against you and all of your arguments and facts have been presented for your case, the case will be deliberated by the jury. حساب كاش يو However, the judge will provide the jury with instruction before the head off to discuss your innocence or guilt on the crime’s essential elements.

Defense and prosecuting attorney can submit requests for the jury instructions; if the judge approves them, then the jury must adhere to them when they are making their decision.

How to get a Lesser Included Offense To the Jury: There is a specific instruction that is necessary for a lesser included offense to ensure that itis considered as an option; otherwise, the jury just considers that crime that the official charges describe.

A defendant, in general, does have the right for jury instructions to be given on lesser included offenses when the evidence reasonably allows the jury to find her or him guilty of the lesser office – and not guilty or the greater charge.

It has been held by Texas courts that anything greater than a “scintilla” of evidence can be sufficient for including the jury instruction for lesser included offenses. If the judge declines to have the instruction included, there can be grounds for an appeal, since refusing the jury to consider the lesser offense is harmful to the defendant’s case.

Call us or contact Butler Law Firm today to talk to someone about your case. Visit our blog for more related articles!

Getting A DUI in Houston For Your Seven Day Pill Box

Is It Illegal To Travel With Your Medication In A Seven-Day Pill Box?

In recent years, the problem of prescription drug abuse has evolved into a major public health concern, with a strong focus on the widespread taking of opioid painkillers, like Oxycontin. However, from a legal perspective, there are strict regulations for all medications that require a medical prescription. If you are caught possessing these drugs without having a valid prescription, you could potentially be arrested and be faced with a charge of illegally possessing a controlled substance.

What Does The State Of Texas Consider To Be A Valid Prescription?

Texas legislation states that only licensed medical practitioners, optometrists, dentists, podiatrists, or veterinarians may issue a prescription. An advanced practice nurse or physician’s assistant, in certain cases, can issue a prescription when supervised by a physician. The medical prescription must be in compliance with specific packaging and labeling regulations. كيف تلعب بوكر

For instance, it is noted by a Houston DUI attorney that it is required by the Texas Board of Pharmacies that all medical prescriptions be dispensed using child-proof containers that have a label with specific details on it, including the name, telephone, and address of the dispensing pharmacy, unless the patient has a different request. The label also must have details regarding the date that a prescription was filled, the physician’s name who wrote the prescription, the medication’s quantity, and instructions for using the medicine that can easily read by the patient.

A medical doctor’s authorization is required in order for a medical prescription to be refilled. الطاولة على الانترنت The physician can authorize refills with the initial medical prescription. You are not, however, legally allowed to request that pharmaceuticals be dispensed in advance by a pharmacist. Prescriptions in Texas all have a six to twelve-month legal time limit. After the original prescription has expired, there are no remaining valid repeat prescriptions for the patient.

Something important to note is that certain controlled substances have a high risk of abuse associated with them. Therefore, it is illegal to use a refill prescription. These controlled substances are referred to as Schedule II drugs and they include Ritalin, Percodan, Dexedrine, and Morphine. In order to obtain these drugs, you must get a new medical prescription every time your physician thinks it is required for you to have additional medication.

Can You Travel With Pills Without Them Being In The Original Bottle?

Although it is more beneficial carrying prescription drugs inside of their original containers that the dispensing pharmacy provided, some people choose to use a separate container due to convenience. One example of those containers is using a seven-day pill organizer that helps to keep track of your medicine usage. Although for home use that can be helpful, when traveling it might pose legal risks.

In some U.S. states, it is illegal or forbidden to carry prescription medication in generic or unlabeled containers. In regards to this topic, there have not been any legal regulations indicated by the state of Texas. However, the problem is, if police officers stop you and you don’t have the original container for your prescription medication, you might be arrested for possessing a dangerous substance. In Texas, it is considered to be a Class A misdemeanor and carries a maximum $4,000 penalty and a minimum one-year jail sentence.

If can provide a current and valid medical prescription for your medication, then you most likely will not be arrested. If you do decide to travel with your medication in a generic container, the best thing to do is to keep copies of your written medical prescriptions in your wallet or car. That will help you avoid having any potential misunderstandings if the police approach you.

Always remember that US law enforcement doesn’t have the legal right to stop you and search you for medication. In order to substantiate searching a person for drugs, the police must have the right context and proper consent from you.

For more information, call us or contact Butler Law Firm today to address your case!

Finding The Right DUI Lawyer in Houston To Handle Your Charge

The Importance Of A Houston DUI Attorney In Handling Your Student’s Drug Possession Charge

Each and every year sees thousands of scenarios in which charges of drug possession are the result. The sad fact is that not everyone fully grasps the seriousness of the situation, even when a first offense is involved. شركة بوين Far too many younger individuals, especially those in college, attempt to resolve the matter without the help of a professional, perhaps in an effort to prevent their parents from learning about their criminal charges. بلاك جاك

Regrettably, a slight lapse in judgment or having the misfortune of getting caught up with a bad crowd can have long-lasting, negative ramifications that can be difficult to overcome. Criminal records of this sort can derail plans for graduate school, professional training, and employment opportunities and may prompt expulsion from a student ‘s current educational institution. If your son or daughter in college is facing a drug possession charge, there is no room for delay in securing the guidance of a DUI lawyer in Houston who knows how to defend cases in this realm. A skilled practitioner can provide the insights and knowledge necessary for clients to make informed decisions as their matter progresses. العاب بوكر

The good news for defendants in Texas is that there are often multiple defense strategies available in drug cases, including those related to unlawful search and seizure and problems with evidence handling after the fact of arrest. Further, Texas courts may offer valuable diversionary programs designed to help first offenders get their lives back on track.

All convictions on drug charges result in at least a 180-day suspension of a Texas driver’s license. This is true even for a paraphernalia ticket, something most would consider a minor offense. Those wishing to have their license reinstated after such a sanction will be required to complete a 15-hour, state-sanctioned drug offender education course.

The Butler Law Firm in Harris County stands ready to offer a no-cost initial consultation to discuss your drug-related criminal charge, advise you of your rights and begin the process of building your defense.

Call or contact us today for immediate assistance.

Let’s Get Your Houston DWI Taken Care Of Before It’s On Your Record

How Long Will A DWI in Houston Remain On Your Texas Record?

It’s common for folks to panic if they get arrested. It’s quite easy to think the worst. However, before you give up hope during your own arrest, it’s good to keep perspective. First of all, remember that an arrest or charge doesn’t actually mean that you’re guilty of the crime in question. Your conviction is not a given either. This is why it’s essential that you retain a Houston DWI defense attorney experienced in the criminal defense of such matters. He or she can represent you in your situation and case, and also answer specific questions. One you might be wondering about is how long will a Texas DWI stay on your criminal record.

What Is Expunction Or Expungement?

Under the purview of Texas laws, various criminal charges might get removed from a person’s record. That process is never automatic, as you have to apply for it to happen. gaminator hack 2021 In a lot of instances, the state isn’t going to challenge such a request. Other times, the state will most certainly resist a request for criminal charges to be removed from a person’s record. It all depends on the crime, the nature of the situation, and the various facts surrounding the case. The right lawyer at your side can make or break things for you.

What Are Common Kinds Of Case Dispositions?

Disposition is another name for the case’s outcome. The kind of disposition you get has a tremendous impact on whether you can even get your criminal record expunged for this particular matter. It can go a lot of different ways. The ideal scenario is, of course, a prosecutor simply deciding not to go through with the case. Dismissal is then a result, and it happens when evidence just wasn’t that strong or possibly obtained illegally, like through lack of probable cause or an unlawful search. gaminator pc

In some cases, you might get a deferred adjudication. Many states have variations of this. What it basically means is that you have a plea bargain with the prosecutor. The agreement stipulates that your meeting a list of predetermined conditions over time will get your case dismissed. In exchange for this, you sign a document stating that you’re either guilty or pleading ‘no contest’ to your charge. It basically means that if you don’t live up to the conditions or you get another charge in that span of time, your case gets converted over to an actual conviction. You’ve already agreed to not contest the case or plead guilty after all.

In some situations, the State of Texas might bring a case against you in a courtroom, but you come out on top and win, coming away with a verdict of not-guilty. However, you might also be found guilty.

How Can A Case Disposition Impact Your Permanent Record?

The Texas Code lays out your right for expungement of particular crimes from your record in Chapter 55, assuming that certain rules are followed or applied. Be mindful of the fact that the criminal code in Texas possesses quite a few exceptions and rules that need thorough legal analysis that will eventually determine if your own case is actually eligible.

In the end, you might be able to seek an expunction provided:

  • You got tried for a particular crime but were found not guilty in trial; -or-
  • You got tried for a particular crime and got convicted but then also pardoned; -or-
  • You got charged but then released or just never convicted. However, if this is going to apply, you can not have received any charge for a felony or misdemeanor based on that same crime, irrespective of any applicable statute of limitations. Also, a set amount of time after the chargers were pressed must have passed. eb sportfogadás That waiting period is 3 years after an arrest for felonies, a year for Class A and/or B misdemeanors, and 180 days after a Class C arrest.

How Can You Expunge Your DWI in Houston?

Like all other crimes, a Texas DWI is assigned its own level of severity, per the DWI laws of the state. With only limited exceptions, driving during intoxication is a crime that constitutes a Class B misdemeanor, triggering a minimum 72 hours behind bars. If an open bottle was discovered in your vehicle, then your minimum doubles to six days. You get upgraded to a Class A misdemeanor if your blood alcohol level measures more than 0.15 percent. So, as you can see, the classification of your particular offense determines how much time you must wait before you might even get it possibly removed. Then again, if you get convicted without a pardon, you don’t have any right for expungement.

If you’re staring down a DWI charge and looking at a possible conviction for a misdemeanor offense, or if you’ve caused another person injury, then it’s crucial that you hire a Houston DWI defense attorney to represent you and keep your Texas driving record clear. Even if your total innocence is established and you get your case full dismissed, you still have to apply for your expungement to get things removed fully from your record. This process is not automatic.

Call or contact Butler Law Firm today for immediate assistance!

Butler DWI Law Firm Addresses Acupuncture For Alcoholism

Can Acupuncture Really Stop Alcoholics From Drinking?

Sometimes it seems like alcoholism and alcohol abuse are the silent killers in our society. While the current epidemic of opiate abuse is currently getting all the press, the abuse of alcohol is continuing unabated, still taking lives, still ruining families and still undermining the very fabric of our society. افلام رياضية

The fact that alcohol takes so many lives comes as a surprise to many. With all the talk of heroin-related overdoses and the need for emergency intervention, it is easy to think that the opioid epidemic is the real killer. What many people do not know is that alcohol is an even bigger killer, taking some 88,000 lives each and every year. Some of those deaths are related to drunk driving car crashes, while others are the result of long-term abuse and the liver damage it creates. No matter what the cause, it is clear that alcohol abuse can kill, and that alcoholics need all the help they can get to stop drinking and live a healthier and more successful lifestyle.

More Than Just 12-Step Programs

When the non-drinker thinks about alcoholism and stopping drinking, they probably think first of 12-step programs like Alcoholics Anonymous, but those groups are not the only path to sobriety. In fact, there has been a growing interest in alternative forms of treatment in recent years, and the results of a recent study show that something as simple as acupuncture could be a big help in helping problem drinkers stop drinking and stay sober for a lifetime.

This recent study looked at the effect of acupuncture treatment on problem drinkers. The study looked at a number of factors, including the impact of acupuncture on various symptoms associated with alcoholism and the effects of problem drinking.

Early Results Are Promising

While it is clear that further study is still needed to determine just how effective acupuncture is in alcohol treatment, the early results from the August 2016 survey are certainly interesting. Those results could mean that problem drinkers should feel free to explore this alternative form of treatment. Acupuncture is a non-invasive form of treatment and one that has been used successfully for thousands of years. Acupuncture has been used to treat other intractable conditions, like chronic pain, arthritis and a number of behavioral issues. In that light, it makes sense that this alternative form of therapy could also have an impact on problem drinkers and alcoholics.

It is also important to note that the use of acupuncture for problem drinkers showed a stronger effect in the study than the control intervention. The use of a control group is standard practice in the world of clinical trials and the fact that acupuncture outperformed the control intervention is cause for hope – and for further study.

Reason for Caution

There are some important limitations in the August 2016 study of acupuncture as a treatment for alcoholism and problem drinking. One of the biggest problems with the study was its small sample size, and the small number of participants makes it hard to draw conclusions at this time. Once again, however, the non-invasive and benign nature of acupuncture treatment means that problem drinkers are free to try the process and monitor their own results. Problem drinkers who want to stop drinking may even want to cite the recent study to try to get their insurance carriers to cover the cost of treatment.

One significant concern did crop up in the analysis of the study data, and that involves the long-term efficacy of the acupuncture treatment. While the difference between the acupuncture group and the control group was significant, the difference was far less at a later follow-up. That would seem to suggest that relapse rates for alcoholics who underwent acupuncture therapy were quite high, something that problem drinkers and their families should keep in mind.

The Combination Approach to Treating Alcoholism

While acupuncture may be an effective treatment for problem drinking and alcoholism, it may not be used as the sole treatment. Acupuncture may be able to relieve the symptoms alcoholics experience, but a combination approach involving cognitive behavioral therapy (CBT), family therapy and support, online and offline support groups and standard 12-step treatment may be more effective in the long run.

By now it should be dear that there is no magic bullet when it comes to stopping drinking and treating the effects of alcoholism. The results of the recent study are certainly intriguing, and they are surely a cause for further research. It is important to note that the use of acupuncture in addiction treatment is not a new concept, and that it actually dates back to the 1970s.

Acupuncture as a Complimentary Treatment

In those early 1970s interventions, acupuncture was often used as a complementary treatment for all manner of addictions, including problem drinking and alcoholism. Throughout the years, the protocols used for both acupuncture addiction treatment and studies of its effectiveness have changed and evolved. As those treatment options have gotten better, the interest in acupuncture and other alternative therapies has grown, giving many people hope that a combination approach of standard and alternative treatments can help problem drinkers overcome their issues and get on the road to sobriety.

The specific impact of acupuncture on the symptoms of alcohol addiction is another reason for hope. The recent study showed that acupuncture gave problem drinkers significant relief from the cravings and withdrawal symptoms that make stopping drinking so difficult. Other studies have shown that acupuncture can be effective in treating alcohol-related behaviors, including reducing the amount consumed. As with every form of treatment, the effectiveness of acupuncture will surely vary from person to person, and no one approach will be right for everyone. What the study does show, however, is that problem drinkers have nothing to lose by trying acupuncture and other alternative forms of treatment.

If you suffer from alcoholism and have landed yourself in trouble because of it, we are here to help. اربح المال من الألعاب 2022 If you have recently received a DWI as a result of your alcoholism, we advise you contact our Houston DWI attorney to handle your case. ويسترن يونيون الكويت اون لاين Jim Butler invites you to call or contact us today with any question you might have.

A Sober Holiday Season vs. A Houston DWI Lawyer

Butler Law Firm: Ways to Stay Sober for the Holidays

The journey to sobriety is extremely challenging at times especially around the holidays. But if you stay committed to your recovery and have a plan, you can enjoy the holidays with friends and family in a safe and healthy way. Here are some tips for staying sober this holiday season, provided by our expert DWI attorney in Houston.

  1. Get an accountability partner.

The role of an accountability partner is to help you stay committed to your goals and offer support when you feel tempted. Whether a spouse or a close friend, this special person must be someone you can trust, and he or she must be fully dedicated to helping you stay sober. Your accountability partner can also act as a chaperone if you choose to attend any holiday events where alcohol is present.

  1. Use a habit-tracking app to stick to your sobriety goals.

Habit-tracking apps, such as Strides, Streaks, and Way of Life, are designed to log your daily activities and help you make or break habits. Here are a few additional benefits of using a habit-tracking app:

  • Motivation – Habit-tracking technology has the psychological effect of keeping you motivated by notifying you of “streaks,” or consecutive progress on your goals.
  • Accountability – An app can double as a virtual accountability partner by sending push notifications to remind you of your daily goals.
  • A visual aid for tracking your progress – Habit-tracking apps use beautiful charts and graphs to track your daily, weekly, and monthly progress, helping you make improvements where needed.
  • Consider adding two items to your app – One for breaking your drinking habit, and another new habit to take its place. This might be an activity that you enjoy or a project you’d like to complete.
  1. Avoid your trigger zones.

Your triggers include any situation that tempts you to drink, including certain locations or times of day and even friends who drink around you. It’s important to know ahead of time what these triggers are so you can avoid them at all costs.

For many people, the holidays are a time to get together with old friends. If you aren’t prepared, these meetings can lead to compromising situations. By planning ahead, you can avoid many trigger situations. For example:

  • Instead of agreeing to meet an old friend at the pub in the evening, set a date for morning coffee.
  • Instead of relaxing at home in the evenings, where you may be tempted to drink, plan activities or destinations where alcohol is certain to be absent, such as museums, movie theaters, or the gym.
  • Don’t feel obligated to attend every single Christmas or New Year’s party. If you have any doubt about your ability to stay dry in a certain situation or with a specific group of people, then it’s best to end on the side of caution and opt out.
  1. Host the family get-together.

Hosting the family Christmas party gives you the ability to control certain aspects of the environment. You get to set the tone of the party and decide when dinner is served (earlier is better). You can also surround yourself with guests who support your decision to stay sober.

As for New Year’s Eve, consider hosting a night of fun and games for your AA comrades and serve punch.

  1. Decide ahead of time how you will handle parties where alcohol is present.

Being surrounded by others who are drinking is the ultimate trigger for many problem drinkers. If you do choose to attend any parties where alcohol is a factor, bring your own non-alcoholic beverage. Be sure to stock enough that you won’t run out, and keep your glass topped up at all times. This will dissuade any well-meaning partygoers from offering you a drink.

Here are a few other measures you can take if you find yourself tempted to drink:

  • Instead of mingling with the crowd, help the host with tasks such as meal preparation and after-dinner cleanup.
  • Stay close to your accountability partner or other trusted friends.
  • If all else fails, leave the party early (and make sure you have a safe ride home!).
  1. Consider being open and honest about your journey to recovery.

Maintaining an honesty policy can help to eliminate the feelings of shame that often go along with addiction, and it can also be very liberating. If friends and family are aware of your goal of sobriety, you won’t have to scramble for excuses to turn down a drink when it’s offered.

However, remember that you don’t owe anyone an explanation when you turn down a drink. اول من لعب الدومينو There’s nothing wrong with offering a simple “no thank you.” Most people will recognize your commitment to your health as a sign of responsibility and character. الفائز بكاس العرب

If a friend continues to pressure you to drink against your conscience, it’s a good sign that it’s time to respectfully cut ties with that person. Instead, continue to surround yourself with people who are committed to helping you stay sober this holiday season and beyond. عمر روني

Contact us today or call Butler Law Firm for more information, if you’ve found yourself in trouble this holiday season.

Penalties For Your Second DWI In Houston Texas

Second DWI Sanctions In Houston Texas

Do you have a prior Texas conviction for driving while intoxicated? Though it is possible for almost anyone to make a mistake in this realm once, it is important to realize that a second offense of the same sort will be treated very seriously by the State of Texas. gry hazardowe bez logowania In the past, there was a 10-year lookback period for assessing whether an offense represents a second DWI for sentencing purposes. jak skutecznie obstawiać zakłady sportowe However, there is no such time restriction in place nowadays, meaning that you can face second offense charges and penalties no matter when your first conviction occurred.

Because the legislature is motivated to provide a deterrent against dangerous conduct behind the wheel, it has provided for enhanced penalties for second-offense DWI convictions. Those found guilty of DWI for the second time can anticipate a fine of up to $4,000, incarceration ranging from 30 days to a full year in jail, suspension or revocation of driver’s license for up to two years, costly administrative surcharges, DWI education classes and mandatory installation of an ignition interlock device.

The sanctions imposed for a second DWI in Texas are essentially twice as severe as those handed down to first-time offenders, and those are very serious in and of themselves. With such high stakes, it is essential for accused individuals to understand how to protect their license, their freedom, and their future.

Butler Law Firm | Second Offense DWI in HoustonFighting Back Against Second-Offense DWI Charges

There are several potential lines of defense in a second-time DWI case. These include challenging the legality of the initial traffic stop as a means to exclude evidence gained therefrom. If the law enforcement officer lacked a legal reason to initiate a stop, the prosecutors may have little evidence remaining with which to work in securing a conviction.

It is also possible to challenge the accuracy of the breath or blood testing performed following a traffic stop for suspected DWI. Because breath testing devices, in particular, are known for inaccuracies, this is often an effective way to undermine the state’s case.

Defendants may also wish to pursue an argument that asserts that regardless of the blood alcohol content detected by testing, there was, in fact, no substantial impairment, and no risk was posed to others on the road. wideo automaty online za darmo A reduction in applicable charges may be sought in this manner.

The key to formulating a winning approach to any DWI case is to secure the help of a lawyer who possesses in-depth knowledge of and experience with drunk driving laws in Texas. Defendants who lack this type of information are well-advised to seek aggressive legal counsel as soon as possible following the issuance of any charge.

The Butler Law Firm is ready and willing to assist those accused of DWI in Texas. By securing the guidance of a second offense DWI attorney in Houston, defendants can rest assured that they are going to get the solid client service and vigorous legal defense they need at one of the most trying times in life. To schedule a no-cost consultation, contact our office today or call now and begin the process of protecting your rights and your future prospects.