Felonies vs. Misdemeanors in Texas

There are a several differences between a felony and a misdemeanor. When it comes down to it felonies are crimes punishable by a year or more in prison and misdemeanors are punishable by a year or less in the county jail. Because there are more consequences in a felony, there are also some additional safeguards in place. Types of Crimes Felonies are usually either more sever crimes or crimes that are enhanced Read More

4 Mistakes People Make That Keep Their Family Violence Case From Being Dismissed

If you’re arrested for a family violence or domestic violence charge in Bexar County, there are common mistakes that people make that make it harder to get their cases dismissed. https://youtu.be/ShmHoHuFbtw 1. Talking Talking to officers or other people can hurt your case in two ways. First, an officer has to have probable cause to arrest you for an offense. Basically, that just means that they have to Read More

Erase Your Criminal History with an Expunction

https://www.youtube.com/watch?v=QbMHssuoOmg&t=1s Being arrested for a crime is a terrible experience to go through. Getting your case dismissed is a big victory, but it only gets you halfway to where you want to go. Even though your case was dismissed, your charge will still show up on background checks and you’ll still have to disclose your arrest when applying for jobs and housing. To erase your arrest and Read More

How You Can Get a 12.44 On Your Felony Case in Texas

https://www.youtube.com/watch?v=wSz_OxzC190 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

https://youtu.be/EMOw8VwZAf4 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?

https://youtu.be/WpmhpdtRII8 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

https://youtu.be/pf8HQJ3VquA 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

https://youtu.be/oONhncApKSw 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

https://youtu.be/8nrlMNtkk10 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?

https://youtu.be/syvHaa5QrNs 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