RSS

Tag Archives: austin

Do I really need to hire a criminal attorney?


Stylized arrest.

Image via Wikipedia

Assault, DWI, theft, weapons charges? Do I really need to hire a criminal defense attorney to defend me or can I defend myself?

You do not have to hire a criminal attorney to defend you if you have been charged with a misdemeanor or felony — the better question is should you?  The bottom line is yes, you really should.  Sometimes, even when faced with a minor crime such as a traffic violation (class C misdemeanor) – the most important thing you need to consider is do you want this charge on your permanent record?

In today’s competitive job market it is difficult, to say the least, to secure employment even if you have a sterling reputation.  Almost all potential employers will tell you that even if you are lucky enough to make it as a candidate for the job, just one negative item on your background check can and most likely will eliminate you from being considered for the job.

If that is the case for just a class C misdemeanor, consider what implications a DWI or a felony charge will have on your record.  Every employer considers factors such as ethics and liability when hiring a new employee.  They may not be able to obtain insurance for you if you have a DWI or other charges on your record.  If an employer is ever sued and the complainant presents that an employee has a criminal record, it can result in the case being lost (even if the case is based on trumped-up allegations)  All of these factors will weigh against you during the hiring process, making your chances of obtaining a good job very slim.

So think carefully before you walk into a courtroom and face the judge alone.  Criminal defense attorneys that have been in business for a long time, such as Mark Morales & Associates, are in and out of these courtrooms daily.  They know the law, they know the process and they know how to win your case…. Do you?

You can call and get a completely free consultation before you make a decision that will effect the rest of your life.  You can also call and find out how to have a criminal charge removed (expunged) from your record if you or another attorney were unable to prove your innocence in a court of law.

Advertisements
 

Tags: , , , , , , , , , , , , , , , , , , , , , ,

How Do I Get My Criminal Record Expunged?


 
1 Comment

Posted by on July 26, 2011 in Expunctions

 

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Theft in Texas


A car that has been burglarized. Bad for me, g...
Image via Wikipedia

What Constitutes Theft in Texas?

The Texas Penal Code defines theft as taking someone else’s property without consent, either by deception or by physically stealing it. You don’t have to keep the property for it to be considered theft, but only long enough to deprive the owner of its value. And, if you take something, then return it for a reward, that is also theft under Texas law.

To charge you with theft, the police need to show that you acted with criminal intent, meaning you knew the property belonged to someone else and knew you didn’t have their permission to take it, and that you
actually have or had possession of the property. They can do by that using physical evidence, such as security camera video in a shoplifting case, or by statements from a witness, an accomplice, or you.

Types of Theft Under Texas Law

The four most common ways to commit misdemeanor theft or felony theft in Texas are:

  • Shoplifting – Taking items out of a store with the deliberate intention of not paying the store for the full value of the item. This includes taking, say, a shirt and leaving with it, or switching the tag on an
    expensive shirt with the tag on a less expensive one and paying the lower price at checkout.
  • Bad checks – Paying for an item on a closed account or an account that does not enough money to cover the amount of the check. If the check is written on a closed account, that alone is evidence of theft under Texas criminal law. If the check bounces, and you do not reimburse the merchant
    within 10 days of notification, then that is evidence of theft under the law.
  • General theft – Taking an item that belongs to someone else by any means when you do not have permission. Examples of this include taking a woman’s purse from her shopping cart when her back is turned, stealing copper from a construction site, or taking $20 from the cash register at work.
  • Buying/accepting stolen property – Taking possession of an item when you know the person selling or giving it to you is not the rightful owner. If you know a friend shoplifted an item from a store, then passed the item on to you, you have committed theft by taking it, whether you paid for it or it was a gift.

Penalties for theft in Texas

Amount Classification Penalties

Less than $50, or less than $20 if by check

  • Class C misdemeanor
  • A fine of not more than $500

$50 or more but less than $500, or $20 or more but less than $500 if by check

  • Class B misdemeanor
  • Not more than 180 days in a county jail and/or
  • a fine of not more than $2,000

$500 or more but less than $1,500

  • Class A misdemeanor
  • Not more than 1 year in a county jail and/or
  • a fine of not more than $4,000

$1,500 or more but less than $20,000

  • State jail felony
  • 180 days to 2 years in a state jail and/or
  • a fine of not more than $10,000

$20,000 or more but less than $100,000

  • Third-degree felony
  • 2 to 10 years in a state prison and/or
  • a fine of not more than $10,000

$100,000 or more but less than $200,000

  • Second-degree felony
  • 2 to 20 years in a state prison and/or
  • a fine of not more than $10,000

$200,000 or more

  • First-degree felony
  • 5 to 99 years in a state prison and/or
  • a fine of not more than $10,000

Those punishments can also be enhanced under certain conditions. For example, Class B and C misdemeanor theft charges increase one level if you have a previous theft conviction, and a Class A misdemeanor
becomes a state jail felony if you have two previous theft convictions.

Also, the theft of some items such as firearms or metals such as copper or aluminum are felonies no matter the actual value.

Shoplifting charges also automatically become more serious if you are caught using tools to defeat theft prevention devices, or if you are charged with organized retail theft, meaning you were working with others
to steal items for profit.

However, in all likelihood, if you are charged with simple theft by shoplifting and are convicted or enter a plea, you probably will receive only community service and fines, as long as the value is low and it’s a first or second offense. However, you are still stuck with a permanent criminal record which may never go away.

The fact of a permanent, public criminal record is the reason why most people hire a shoplifting defense attorney to fight the charges. Avoiding a criminal record in the internet age can save you tremendous
headaches in the future. It could prevent you from getting a job, a scholarship, or worse.

Civil Penalties for Shoplifting

The criminal shoplifting record for a conviction might not be the end of it, either.  A conviction for the criminal charge of theft frequently includes restitution to the victim, but Texas also has the Texas Theft Liability Act. This civil law allows the victims of theft to sue for damages and is separate from the criminal case.

The suits are typically used in shoplifting cases. The store will send you a letter demanding that you pay the value of the stolen item, as well as costs related to recovery.  The law allows the victim to collect actual damages, plus up to $1,000 against an individual or actual damages, plus up to $5,000 against the parents or guardians if the accused shoplifter is a minor.

You should not try to face either the criminal charge of theft or a civil suit in a shoplifting case without consulting a Texas criminal defense lawyer who knows how to defend shoplifting/theft offenses. We can fight the case against you by challenging the reliability of eyewitness or accomplice testimony, and by questioning the legality of any searches by police or admissions you may have made to them.

Seriousness of Theft Charges

In Texas, theft charges can run the gamut from a class C misdemeanor to a serious felony, based on the value of what was allegedly taken, whether force was used and whether the property was entered.  It is possible to face the legal equivalent of a traffic ticket or a charge that can lead to a life prison term.

The Texas theft statute is very broad.  The theft statute covers many types of criminal conduct involving the misuse of another’s property.  All of these crimes however, have one thing in common – that is, the taking of the property without the owner’s consent.  Examples of crimes that are covered by the Texas theft statute include shoplifting, writing bad checks or hot checks, receiving stolen property, possessing stolen property and auto theft.

Even a minor theft conviction can have a devastating impact on your future.  Do not make the mistake of believing that a misdemeanor theft charge is not a serious situation. Theft cases are crimes of moral turpitude.  That is, they are crimes that reflect on one’s character.  Shoplifting and the other theft charges, because they are crimes of moral turpitude, can have lifelong and far reaching consequenses.  Any misdemeanor or felony conviction for a theft charge will result in a permanent criminal record, even if you receive probation.  Since employers routinely conduct background checks, a theft conviction will make it much harder for you to find a good job.

Theft cases can become more serious crimes with the danger of harsher sentences depending on the facts and circumstances under which the alleged theft occurred. If you are accused of entering someone’s property with the intention of committing theft, you can be charged with burglary, a felony punishable by up to 20 years in prison. Theft can also become a felony if it is alleged that force was used to take an item or money. Theft committed with a weapon is aggravated robbery, a felony that can result in a lifetime prison sentence.

At the Law Offices of Mark Morales and Associates we represent people facing all types of theft and theft related charges in Texas, including:

If you have any questions about what theft in Texas or have been charged with any kind of theft offense, feel free to visit us on Facebook and post a question, leave a comment or fill out a free case evaluation form with no obligation

 
 

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

License Suspension in Texas


Texas law requires that the department shall suspend a person’s driver’s license if the department determines that the person had an alcohol concentration of .08 in accordance with Section 49.01 (2)(B) of the Texas Penal Code, while operating a motor vehicle in a public place or while operating a watercraft; or (2)  the person was a minor on the date that the breath or blood specimen was obtained and had any detectable amount of alcohol in the minor’s system while operating a motor vehicle in a public place or while operating a watercraft.

Being arrested for a DWI in Texas does not necessarly result in having your driver’s license suspended.  There are options available to contest the suspension or to allow you to continue to drive legally despite the suspension.  Remember that each state has different laws regarding DWI’s and suspensions so it is important to find an attorney in your state that is knowledgable about DWI laws.

To assist you with the process of a license suspension in Texas, here is a break-down of what happens after a DWI arrest in Texas:

  • After you are arrested for a DWI, you have 15 days to request an ALR hearing.
  • A criminal defense attorney may request the hearing for you or you may request one yourself prior to hiring an attorney.  ALR hearings are used to contest driver’s license suspensions.
  • At an ALR hearing, license suspensions may be overturned completely or the suspension may be postponed until a later time pending the outcome of the hearing.

Driving is a necessity to life, so of course it’s important to ensure that you can continue driving legally. If an ALR hearing is not successful in overturning your license suspension, another option available in Texas counties, such as Williamson, Travis, and Hays, is to file a petition for an Occupational Driver’s License.  An Occupational Driver’s License is an incredibly helpful option that allows you to maintain the ability to drive as needed despite your license being suspended as a result of a DWI arrest or other offense.

Here is a list of items you will need in order to have the petition granted and continue driving after your license suspension:

  • A letter from your employer explaining your need to drive.  The letter should include a list of all counties in which you may need to drive during your license suspension along with the times of day and days of the week that you would need to drive.
  • An SR-22 insurance form from either your insurance company or another insurance company.  An SR-22 is a supplement to the insurance that you currently have.
  • Filing Fee’s.  Fees vary by county in which the offense was committed
  • A copy of your three-year driving record.  This can be obtained from Texas DPS. You can visit their website and download the application at http://www.txdps.state.tx.us/InternetForms/Forms/DR-1.pdf
  • A personal letter listing any activities in which you need to attend outside of work, i.e:
    • School classes,
    • church,
    • court settings,
    • AA meetings,
    • doctor appointments,
    • childcare,
    • carrying out essential household duties, etc.
    • This list must also include all of the counties in which you may need to drive during your license suspension along with times of day and days of the week

Once all of the requirements have been submitted, a petition is drafted and filed with the court.  Once your petition is filed in court, a hearing may be required, depending on where the petition is filed.  If the court grants you an Occupational Driver’s License you will be eligible to drive for the reasons and times approved by the judge in your petition and outlined in the order resulting from the court’s approval.

IMPORTANT POINTS TO REMEMBER:

  • While driving with an Occupational Driver’s License the order should always be in your possession. 
  • If you are pulled over and do not have the order in your possession you will be arrested. 
  • Once your suspension period is over, you simply have to pay a reinstatement fee and you will receive your regular license back. 

If you have any questions or have been charged with an alcohol related offense, feel free to visit us on Facebook and post a question, leave a comment or fill out a free case evaluation form with no obligation.

 

Tags: , , , , , , , , , , , , , , , , , , , , , , , ,

Texas Statewide No-Refusal Weekend – first of its kind in the nation ever!


Fireworks display at the UT tower during Diwal...
Image via Wikipedia

Everyone loves the Fourth of July.  It has become the unofficial celebration of summer as people across the United States enjoy the very essence of independence and freedom.  Everywhere you go you see families’ barbequing, neighborhood block parties and friends hanging out wherever it’s cool – lakes, pools, rivers, beaches – everyone enjoying a good time just waiting for the sun to go down and the fireworks to start. Unfortunately, the days following the Fourth of July, many of those same people reunite at hospitals, police stations, attorney offices – and even more unfortunate, funerals.

Last year in Texas alone, officers responded to 337,000 crashes over the Fourth of July weekend.  In 2009, the “no refusal holiday program” was created to enforce Texas DWI laws in order to help lower alcohol related accidents.  The program allows law enforcement and prosecutors to designate a holiday weekend, such as New Year’s Eve, Halloween, or Super Bowl weekend, where law enforcement officers can stop a driver for DWI suspicion and take a blood sample to test for Blood Alcohol Content (BAC).  According to a press release Tuesday in Austin regarding the statewide program— “drivers also can be arrested with a BAC below 0.08 when a law enforcement officer has probable cause, based on the driver’s behavior, to believe the driver has lost the normal use of mental or physical faculties due to the introduction of alcohol or any substance into his or her body.”  Along with extra patrol on the road, there will also be additional enforcement on the water all across the state enforcing no refusal.  So not only are you at risk drinking and driving, but drinking and boating as well.

The concept of this program is simple – you cannot refuse.  If you are stopped for a busted tail-light, not using your blinker, not wearing a seatbelt, speeding or any other minor traffic violation and the officer suspects that you are intoxicated you will be required to have your blood drawn or take a breathalyzer test .  During “No Refusal Weekends,” judges are on standby to sign a warrant permitting the police to take a blood sample after a suspected driver refuses to submit to a breath or blood test.  Basically, if you drive on a “No Refusal Weekend,” and an officer suspects you have been drinking, he can obtain a sample of your blood to test for BAC whether you like it or not.

You might wonder how law enforcement is able to do this without violating your rights.  When you obtain a Texas driver’s license, you have implicitly consented to provide a sample of breath or blood when it is requested by law enforcement agents during a DWI arrest but you may refuse until the law enforcement agent obtains a valid search warrant.  Under normal circumstances, an officer has to wait for a warrant to obtain a sample of your blood and judges are not always readily available… unlike “No-Refusal Weekends” when judges are standing by to issue these warrants at a moment’s notice.

The best thing you can do if you have been drinking during a “No Refusal Weekend” is to call a cab or have a designated driver.   If you have any questions about your arrest or rights after a DWI, DUI, BWI or any other alcohol related offense in Texas please join us on Facebook or post a comment anywhere on this blog and an experienced Texas attorney will be happy to assist you.

KEY MESSAGES:

  • During the July 4th holiday, alcohol is a major factor in fatal crashes.
  • Motor vehicle traffic crashes killed 410 people during the Fourth of July holiday period in 2009.  Of that number, 40 percent involved drivers with blood alcohol concentrations (BAC) of .08 grams per deciliter or higher.
  • Alcohol-impaired-driving crashes killed 10,839 people in 2009, accounting for 32 percent of all traffic-related deaths in the United States.  That’s an average of one alcohol-impaired-driving fatality every 48 minutes.
  • Beware: the rate of alcohol impairment among drivers involved in fatal crashes in 2009 was four times higher at night than during the day.

Drunk Driving. Over the Limit. Under Arrest.

  • This summer don’t let your 4th of July end in an arrest—or even worse, death. Make smart decisions. Plan ahead so you can ensure a safe way home.
  • Cops are cracking down, and there will be no second chances.  If you are caught driving with a BAC of .08 or higher, you will be arrested.
  • Remember, don’t ever get behind the wheel of a vehicle when you are impaired, and don’t ride with a driver who has been drinking.
  • Whether way too many or just one too many, it’s not worth the risk. Drunk driving creates serious consequences.
  • Alcohol impairs many of the skills that safe driving requires, including judgment, concentration, comprehension, coordination, visual acuity and reaction time.
  • Driving with a BAC of .08 or higher is illegal in every state. Yet too many people still ignore the law. According to the FBI’s Uniform Crime Report, more than 1.44 million people were arrested for driving under the influence during 2009.
  • The tragedies and costs from drinking and driving impaired do not just end at the potential death, disfigurement, disability and injury caused by impaired drivers.
  • People who break the law often face jail time, the loss of their driver licenses, higher insurance rates, and dozens of other unanticipated expenses from attorney fees, fines and court costs, car towing and repairs, lost time at work, etc.
  • Driving impaired or riding with someone who is impaired is not worth the risk. The consequences are serious and real. Not only do you risk killing yourself or someone else, but the trauma and financial costs of a crash or an arrest for driving while impaired can be really significant and not the way you want to celebrate the July 4th holiday.

Remember: Drunk Driving. Over the Limit. Under Arrest.
(information provided by Traffic Safety Marketing
a program sponsored by the National Highway Traffic Safety Administration)

 

Tags: , , , , , , , , , , , , , , , , , , , ,

This is the guy that refused….


 

Tags: , , , , , , , , , , , , , , , , , , , , , , , , ,

Types of Assault Charges in Texas


Fighting Cats

Image via Wikipedia

It does not take much for an altercation or argument to escalate and involve the police.  Some
people may believe that an assault charge consists of a violent fight between two individuals but this is not always the case.   In Texas, assault can include an attempt to hurt someone physically.  In some
instances, prosecutors have decided that the slightest touch is enough to file assault charges.  Additionally, the law does not require the alleged victim to sustain an actual injury.

There are several different
types of assault charges including but not limited to:

We could probably write a novel discussing the different types of assault charges and what they all mean and how each charge may come about.  As a result, we thought it might be helpful just to provide a general overview of assault charges.

Assault charges can range from Class C misdemeanors (e.g. assault by contact) to a 1st degree felony; all cases will vary based on the facts and criminal history of each defendant. On the lower end of the spectrum (Class C misdemeanor), the punishment may result in implementation of fines, attendance of anger-management or marriage counseling classes, or deferred adjudication.  Higher level misdemeanors could result in jail time or probation.  Felony cases may result in probation or prison time.  Depending on your criminal history and the actual charge, you may be eligible for special programs like the Pre-Trial Intervention Program in
Williamson County that could result in a dismissal of your case.

Assault Family Violence

We handle a large number of Assault Family Violence cases, both misdemeanours and felonies.  These
types of cases typically involve family members but may also include former spouses, domestic partners, roommates, and present/former boyfriends/girlfriends.

Frequently, assault family violence cases involve police officers responding to a call about a disturbance.  The police will likely talk to both parties and make an arrest based on whose story they believe or what the evidence
indicates.  Unfortunately, sometimes, the person arrested is actually the victim and not the aggressor.  Other times, a mere accusation of violence may be enough for a criminal case to be filed. Sometimes, penalties for assault family violence may be harsher than normal assault cases and may result in temporary or permanent loss of parental rights.

Unfortunately, having an assault family violence conviction on your record can be used to deny child custody and limit your visitation rights if you are undergoing a divorce or other child custody hearings.

Affidavits of Non-Prosecution

Unlike in TV shows and movies, an assault case cannot be dropped in Texas simply because the victim requests that the charges be dropped.  Instead, the right to drop the case belongs to the prosecutor and judge.
However, not all hope is lost.  Frequently, criminal defense attorneys help the victims in assault cases prepare Affidavits of Non-Prosecution, which express the victims wish that the case be dismissed and may shed some light on the altercation or argument that led to the arrest and filing of charges. While these affidavits can’t guarantee that a case is dismissed, they certainly help in persuading the prosecutor to dismiss the case or reduce the charges.

Protective Orders and Court Ordered Injunctions

In some cases of assault, the prosecutor will request that a court impose temporary protective orders or an injunction to place restrictions on contact between the accused and the victim, or in the case of assault family
violence on the other family members. Protective orders may vary, ranging from no contact with the alleged victim, which frequently results in the accused having to find another place to live until the case is resolved or the protective order lifted, or could result in a temporary loss of child custody.  A violation of a Court Ordered Protective order is also a serious criminal matter and may result in additional criminal charges filed against the accused.

Aggravated Assault & Assault with a Deadly Weapon

Aggravated assault consists of two different charges:  aggravated assault causing serious bodily injury and assault with a deadly weapon, both of which are typically second degree felonies.  An aggravated assault
causing serious bodily injury occurs when during the course of an assault the victim was seriously injured.  It is
escalated from a mere slap to the face to a more severe resulting injury.  Assault with deadly weapon occurs when the accused is alleged to have exhibited a deadly weapon during the commission of the assault.  Deadly weapons can include but are not limited to:  baseball bats, BB guns, bottles, clubs, drugs, firearms, knives, motor vehicles, nail guns, and even dustpans and hot water.

However, if you are accused of committing an aggravated assault against someone with whom you have a domestic relationship, or against a security guard, witness, police officer, or public official the charge may be
elevated to a first degree felony.

We are experienced as criminal defense attorneys in handling all types of assault cases and are able
to help whether you are being charged with assault by contact or assault with a deadly weapon.  We have successfully handled various forms of assault cases and are here to help.

List of Common Texas Assault Charges

 

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

 
%d bloggers like this: