In the past week, I have had two cases dismissed because the state missed the statute of limitations deadline. You’ve probably heard about the statute of limitations, but you may not be sure how long it is or how it works. The statute of limitations enables you to have a case dismissed if the state takes too long to charge you with a crime. The length of time varies based on what crime the state is charging you with. Read More
How to Get Your Drug or Marijuana Case Dismissed
https://www.youtube.com/watch?v=truC-t9gFZk When you’re charged with possession of marijuana, drugs, or anything else that’s illegal, there are two common issues that may lead to your case being dismissed. The first is whether or not the search that led to the officer finding the drugs was a legal search. The second is whether or not they can link the drugs to you. If the cops found the drugs through an illegal Read More
How Texas Can Enhance Your DWI Case to a Felony
https://youtu.be/VZkg0XNNYnY Most people who are arrested for DWI are never arrested again. If there are more DWI arrests, the punishment levels can keep going up. If you’re arrested for a DWI, it’s usually a class B misdemeanor. This means that the maximum punishment is 6 months in jail. There are several ways that Texas can enhance your DWI which increases the punishment. Below are all of the ways that a DWI Read More
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