https://youtu.be/Z-xbNiwXjjo I am regularly asked what to expect at your first court date. Clients are often ready to have their case resolved, but unfortunately, this can take months. Dress Appropriately Courts will not let you in if you are not dressed appropriately. This means not shorts, no flip flops, and no hats. I usually tell people to dress like they're going to church. Plan on Getting There Read More
Beware of Lazy Lawyers
When you are charged with a crime, you have the Constitutional right to competent representation by an attorney. A defendant also has the Constitutional right to have his attorney review his case for 10 days. When I review clients’ criminal histories, I often see evidence that shows that there are several attorneys out there who are not doing the job that they have been hired or appointed to do. Below are a few Read More
DWI Officer’s Playbook
Like all successful teams, cops have a playbook that helps them to arrest as many people as possible for DWI. You should know their playbook, if you want to avoid getting arrested. The vast majority of DWI’s follow this playbook. To avoid being arrested, you need to avoid playing along. Patrol the main highways around 2:00 AM on Friday and Saturday nights. The cops know that the bars stop serving alcohol at Read More
Guilty Until Proven Innocent
The Constitution gives you the presumption of innocence until you are proven guilty. It also gives you the right not to be arrested unless an officer has probable cause to believe that you have committed a crime. Without probable cause, an officer cannot arrest you. Every day, police pull people over and investigate drivers they think may be intoxicated. Police are trained to tell you, “I just need to evaluate you Read More
What happens if the state files an MTR (Motion to Revoke Probation)?
If you are on probation for DWI, or any other case, the government can file a motion to revoke your probation if they think that you have violated any of the terms of your probation. Once they file the motion, the judge will sign off on the MTR, and a warrant goes out for your arrest. If you are arrested because of a warrant for an MTR in San Antonio, there will not be bond set on your case. Bond won’t be set Read More
Can I Get Deferred Adjudication for DWI in Texas?
Until recently, the answer to this question was a definitive no. Deferred adjudication was not available for DWI. This past legislative session, that changed. A bill was passed allowing deferred adjudication to be available for certain DWI offenses starting August 26, 2019. Deferred adjudication is a special type of probation, where the judge finds that there is enough evidence to find you guilty, but does Read More
Was Weed Just Legalized in San Antonio?
Recently, the Bexar County District Attorney’s Office announced that they would not prosecute possession of marijuana cases involving less than an ounce of marijuana. Does this mean that you can walk down the street in downtown San Antonio, smoking marijuana without getting arrested? If you have a possession of marijuana case from before last week, will it be dismissed? If they’re not arresting people on those cases, Read More
5 Choices That lead to a DWI Arrest
1. Speeding or Breaking Some Other Traffic Law Most drivers who are arrested for DWI are not pulled over because they’re driving like they’re drunk. Most people are pulled over for speeding or other traffic violation. Once the officer pulls them over and starts talking to the driver, he expands the stop investigate the driver for DWI. Follow all traffic laws and if you don’t feel like paying attention to your Read More
Should You Do Field Sobriety Tests?
Every day, across the country, officers ask people to perform tests, “to make sure they’re ok to drive.” Usually, the driver will perform the tests, but is it better to perform the tests or refuse them? Motorist trying to walk a straight line while a police officer looks on. There are two ways that I see the officers make the request for drivers to perform the test. The most common way is for the officer not to Read More
Just Say No…to the Cops
Growing up in the 80’s, I was told many times to “just say no” if anyone offered me drugs. When I was older, girls were told they shouldn’t feel pressured by boys; that it was ok to say "no." But one public service announcement that I never heard was that I should say no to police. The Constitution gives us the right to say no to police, and we should. If an officer asks if he can search you, your car, your home, Read More
