How You Can Get a 12.44 On Your Felony Case in Texas What Is a 12.44 If you’re charged with a felony, there’s a good chance you’ve heard of “a 12.44” and probably want to know more about it and how you may be able to get it. Section 12.44 of the Texas Penal Code has 2 sections. They allow a state jail felony to be prosecuted as a misdemeanor or punished as a misdemeanor. 12.44(a) The first section, 12.44a, Read More

How to Create an Affidavit of Nonprosecution That Works Most Affidavits of Nonprosecution Don't Work When you’re charged with domestic violence in Texas, one way to try and help your case is with an affidavit of nonprosecution. An affidavit of nonprosecution is a written statement by the alleged victim in a domestic violence case asking the prosecutor to dismiss the case. The purpose of the affidavit is to convince the prosecutor to Read More

Can I Defeat a Domestic Violence Charge Without the Witness? I was recently asked if a domestic violence assault will be dismissed if the witness doesn’t show up. The complaining witness’s (alleged victim's) testimony, in the case is going to be a big piece of the state’s case against you in a domestic violence case. If that witness is unavailable, it could make it more likely that your case is dismissed, but there are a lot of other pieces to Read More

Family Violence Courts in San Antonio Misdemeanors Bexar County has two family violence courts for misdemeanors. This includes assault, terroristic threats, interfering with an emergency phone call, and violating protective orders. Until recently, all family violence misdemeanor cases were handled by County Court 7 and County Court 13. There is a good reason to have specialty courts for these cases. There are legal Read More

5 Things You Need to Do If You Were Arrested for Assault in San Antonio When you’re arrested for assault in San Antonio, it can be tempting to put off making a decision. You’re first court date may be more than a month away, but it’s important to start making decisions right now to make sure that you walk away with the best result possible. Here is what you need to be doing and not doing before your first court date. 1. Talk to an Attorney Now The Read More

DWI Related Drivers License Suspension and ALR Hearing When you are arrested for DWI in San Antonio, DPS will try to suspend your drivers license. They can suspend your drivers license if the officer had probable cause to arrest you and if you consented to a blood or breath test and your BAC (blood alcohol concentration) was .08 or above or if you refused to give a blood or breath test. Interestingly, if you consent to a breath test and Read More

Should You Do a Breath Test or Blood Test on a DWI in San Antonio? When an officer arrests you for DWI in San Antonio, the officer will ask you if you will do a breath test or blood test. If you refuse to do a breath test, the officer will get a search warrant to draw your blood to have it tested for alcohol or, possibly, for drugs. What should you do if you're in this situation, is it better to agree to do a breath or blood test or to refuse and Read More

How Long Does a DWI Case Last in San Antonio? If you've been arrested for DWI in San Antonio, one thing you're probably concerned about is how long your case is going to last. The longer the case lasts, the more times you'll have to show up to court. That means you'll have to take off work or find childcare, pay for parking, and sit through what probably feels like a morning that's been wasted. If you really want your case to Read More

You Shouldn’t Take a Cops Word For It Yesterday, I had two cases dismissed. Today, I had a case where the prosecutor made an offer before even seeing any evidence or police report. This has made me want to remind people that officers often get it wrong. Even if the officer didn’t get it wrong, the state may not have enough evidence to prove that somebody is guilty. If you’re arrested, don’t assume that the officer was Read More

Should I Tell My Employer That I Was Arrested

When you’re charged with a crime, the impact can go far beyond what happens in the courtroom. The impact can affect many things including your job. Making the decision about whether to tell your employer that you’ve been arrested is something that you should begin thinking about early on. The decision whether to tell your employer that you were arrested or not depends on your employer and I can’t give you a solid Read More