Gun possession is a Constitutional right that we all possess. The Second Amendment states “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Despite this, there are times when the government can prohibit you from owning or possessing a firearm. When you’re charged with a family violence case in Texas, there are two Read More
Can I Contact the Prosecutor to Ask Them to Drop the Charges?
When you’re charged with a crime you really want the case to be dismissed whether it’s assault or DWI. You just want to turn the clock back to a time before getting arrested, having court dates, having to deal with bail bondsman and pretrial services. Almost everyone who comes to my office looking for help tells me they want their case dismissed when I ask what they want. If you’re being wrongfully charged this is Read More
The Only Winning Move is Not to Play
Cop Games I was watching a video yesterday. The officers asked a guy to come down and make a statement. When they started asking him questions, he asked for an attorney. He has to ask for an attorney three times before the cops stop asking him questions. He did great. The only thing I would have done differently if I were in his situation is not to go down to the police station in the first place. It reminded me of Read More
How Are Family Violence Cases in Texas Different?
In Texas, when you’re charged with a crime involving family violence, the judge will make a finding that you committed an act of family violence in certain situations. That finding adds several consequences that otherwise wouldn’t be there. Family violence cases can also be enhanced to a felony under certain situations. Who counts as family? Family violence cases include cases where there’s a dating relationship, Read More
The Anarchists – Should John and Lily Have Fled to Mexico
black sign of anarchy on an old fence. culture of anarchists, punks and street protests. Symbol of Anarchy painted on a wall I just finished watching The Anarchists on HBO. It follows a group of anarchists who move to Acapulco and put on an anarchists convention called Anarcapulco. Two of the people it follows are a couple named John Galton and Lily Forester. These aren’t their real names. They are Americans on Read More
If You Completed Pretrial Diversion, Get an Expunction. Now.
If you were accepted into the pretrial diversion program and you completed that program, you need to get an expunction. Now. In many situations, even if you’ll be eligible to get your record cleaned up with an expunction you have a waiting period before you’re eligible to clean up your record. When you complete a pretrial diversion program in Texas, there’s no waiting period and no reason to wait. I have Read More
7/7/2022—Trial Recap
Last week, I was in trial for an aggravated sexual assault of a child in San Antonio. The trial lasted all week and I’m happy that the jury made the right decision and found our client not guilty. Because COVID caused the courts to be closed down for the last year and a half, it’s been a while since I’ve been in trial. I had two misdemeanor cases that looked like they were going to go to trial the week before, but Read More
What Happens When Your Case is Dismissed?
Great news, you just found out that your case was dismissed. The bad news is that there's still more for you to do. When you’re case is dismissed, usually the prosecutor has decided to drop your case instead of taking it to trial. There are situations where the court can dismiss your case, but it’s usually the prosecutor and not the judge dismissing your case. As long as the statute of limitations has not passed, Read More
When Do You Need to Identify Yourself to Police in Texas
https://youtu.be/dVbWFvKKa5c In Texas, there are only a few circumstances that you need to identify yourself to police officers. If you identify yourself to an officer, the first thing they’re going to do is check for any outstanding warrants for your arrest. There’s no benefit to identifying yourself to an officer when you don’t have to. Remember, you always have the right to remain silent and you have the Read More
Most Attorneys Ignore Half Your Case
When you’re arrested and charged with a crime, there are two parts of your case. The first part is what everyone talks about: getting a good result in your case. The second part, nobody ever talks about and your attorney may not even be aware of, but it’s just as important: guiding your through this case and relieving you from as much stress as possible. https://youtu.be/8lsZ-dXv8Zw Every time I talk with Read More
