Tag: Criminal Defense Lawyer Houston Texas

Learn More About A Motion To Revoke From Our Houston DWI Lawyer

What Is A Motion To Revoke? Our Houston DWI Attorney Explains

If you have pled guilty to the charges against your or have been convicted of a crime in the state of Texas a judge might possibly grant you with “community supervision.” That term is synonymous with a legal status that is commonly referred to as being on probation. الربح من برنامج like Typically the arrangement involves a series of requirements and programs that you are required to follow during a designated time period, depending on your case’s circumstances. If you violate your probation’s term, you might be faced with a motion to revoke. It can have very serious implications for your freedom and life. العب اون لاين Although you always should rely on a DUI lawyer in Houston Texas to help you with the specifics, it can be useful to have some general information. Learn more about our firm here.

Overview of the Probation Process

Community supervision for criminal cases is provided for by the Texas Code of Criminal Procedure, which a court might be imposed for a specified time period. An order of probation suspends the imposition of a sentence or defers criminal proceedings, as long as you remain in compliance with the conditions that have been specified.

If you breach your probation’s terms, your conduct might trigger a motion for revoking the probation process. When it is determined by the officer who is in charge of your case that you have violated your probation terms, she or he might try to get the matter resolved without involving the court.

However, most likely the officer will directly take this matter to the District Attorney (DA), and that will trigger the process of a motion to revoke probation. The motion will be filed by the DA with the court in the jurisdiction that the underlying crime took place, and ask that a hearing date be set in order to determine whether or not you violated your probation terms. A warrant for your arrest will be included with the request.

Hearing For Motion To Revoke Probation

Probation violation proceedings are similar to those in a trial. The DA will present evidence concerned your alleged violation. You will also have the chance to defend yourself against these charges and have the right to have an attorney.

However, a motion to revoke probation hearing does have some key differences:

  • The matter doesn’t address issues involving the underlying crime. You cannot ask for a different sentence, re-argue the facts or present new evidence.
  • The standard of proof, unlike with a criminal trial, is a preponderance of the evidence. What this means is the DA must prove it is more likely than not that you violated your probation.
  • You don’t have a right to a jury for determining the motion to revoke probation.

If through a preponderance of the evidence, the DA succeeds in proving you violated your community supervision terms, the judge has the discretion to determine an outcome. There is the possibility that your probation won’t be revoked by the judge. yyy casino You might be allowed to continue to be on probation, there might be some additional conditions, or your probation could be extended.

However, the judge might grant the motion of the DA’s and revoke your probation. In that case, you will be faced with the maximum sentence that had been suspended at the time you originally pled guilty or were convicted of the underlying crime you were charged with.

Fighting A Motion to Revoke

When facing a motion to revoke probation, you do have some options. However, the first step that you need to take is to hire a criminal defense attorney to represent your interests. Having a lawyer with extensive experience working on probation violation cases can help you with the following:

Presenting Defenses: Although the motion to revoke proceedings have a lower standard of proof, you still have the chance to present a defense. A DA’s case might have flaws in it, or there might be holes in the stories of witnesses that are testifying against you. Your attorney will attack the weaknesses in order to fight the allegations that have been brought against you.

Potential for Agreement: You might be able to come to an agreement with the DA in some cases. A lawyer can negotiate for you to get your probation term extended, order a fine or have completion of counseling or another program required, or other potential arrangements. If they succeed, it can help you avoid harsh penalties and stay out of prison due to a probation revocation.

Call us or contact Butler Law Firm today to speak with someone about your case!

Addressing The Differences With A Knowledgeable DWI & DUI Attorney in Houston

Texas DUI and DWI Differences

The terms driving while intoxicated (DWI) and driving under the influence (DUI) are often used as if they were the same thing. When it comes to Texas law, however, it is clear that they are different from each other. Of course, for those who have been charged with either crime, the need for a DUI/DWI attorney is the same.

When you are convicted of either DWI or DUI, it can result in serious issues, including the possibility of spending time in jail. 888 عربي Understanding the difference between DWI and DUI can help you to see clearly the need to act when either is charged against you.

DWI According to Texas Law

An individual who was operating a motor vehicle while intoxicated and in a public area can be charged under the Texas Penal Code section 49.04. They are guilty of DWI but it is the intoxicated portion that is often confusing. It is not only a matter of being impaired from drinking alcohol, it may also be an illegal drug, controlled substance or if you have been tested with a blood-alcohol concentration that is at least 0.08%.

DUI According to Texas Law

When it comes to DWI, there is not much room for misunderstanding the legal term. DUI, on the other hand, is a different type of charge. If you have a blood-alcohol level that is under the 0.08% legal limit, you may still be charged with driving under the influence in certain circumstances. This would include if a minor had alcohol in their system or if they were under the influence of an illegal drug. This follows under Texas Penal Code 106.041. When a minor has any alcohol in their system that is detectable by various testing systems and they are operating a motor vehicle, they can be charged with DUI. سباق احصنة

The Difference Between DWI and the DUI Penalties

There is a difference in the penalties associated with these two different charges. In most cases, a DWI would be charged as a class B misdemeanor but if the blood-alcohol content was at least 0.15%, it would be a class A misdemeanor. A DUI charge, on the other hand, is a class C misdemeanor.

Other charges can be levied if the individual charged with either DUI or DWI was in an accident that led to another individual being injured. In that case, either a second or third-degree felony charge may be considered. This could carry a significant fine of as much as $10,000 and anywhere from 2-10 years in prison.

Steps to Take after Being Charged with DWI or DUI

In Texas, it is important to hire an attorney, regardless of whether the charge is DWI or DUI. You may find yourself in a lot of trouble without an attorney helping you. After you have been arrested and charged with either crime, the attorney can help you to answer specific questions that may help in your case. Those questions may include the following:

  • Is it necessary for me to take a breathalyzer or field sobriety test?
  • What if I did not take the test?
  • If I had a blood-alcohol content under 0. بيت365 08% can I be convicted?
  • Can I plead not guilty?
  • Can marijuana use lead to a DWI or DUI conviction?
  • What are the differences between DWI and DUI?
  • I wasn’t read Miranda rights, what rights do I have?
  • How much does a lawyer cost?
  • Should I represent myself?
  • What are the possible penalties?
  • How would a DUI attorney in Houston help?

It can be frightening when you are being charged with either DUI or DWI. You might be concerned about what would happen but when you hire a qualified attorney, you may be able to have the situation resolved in a favorable way. When you contact Butler Law Firm, you are using a qualified, skilled set of attorneys that have helped many people who were facing DUI/DWI charges. Call us for legal counsel you can trust.