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

Why “Just Don’t Drink and Drive” Doesn’t Always Work

I regularly hear people say, “just don’t drink and drive.” The implication is that if you don’t drink an drive, you won’t be arrested for driving while intoxicated. Statements like this assume that everybody who gets arrested for DWI is guilty, when people are sometimes arrested when they have not had anything at all to drink. I have represented several people in the past who were arrested and charged with DWI. Read More

How You Can Keep a DWI from Affecting Your Future

If you don’t know my story, I was arrested and charged with DWI in 2001. It was a difficult thing to go through when it happened. It was just as difficult every time I applied for a job, when I applied for law school, and when I applied for my law license because I would have to explain that I had been arrested and why I had been arrested. What I didn’t know until I became a lawyer was that there are things that Read More

Driving While High

In Texas, someone can be charged with driving while intoxicated whether they are intoxicated from alcohol, marijuana, or some other intoxicating drug. Most people know that the legal limit for alcohol is a blood alcohol content (BAC) of .08 or higher. What many people don’t know, is that there is no magic number for marijuana. In some states, like Colorado, you are above the legal limit if you have .05 nanograms Read More

What Happens When an Officer Doesn’t Read You Your Rights?

Ernesto Miranda A comment that I frequently receive from clients is that the officer didn’t read them their Miranda rights when they were arrested. How does this affect their case? The Supreme Court held in Miranda v. Arizona, that the Fifth Amendment of The Constitution requires officers to advise people of certain rights before a custodial interrogation. This means that an officer only needs to read a person Read More