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San Antonio Criminal Defense Blog

Who is really using marijuana?

There is a stigma that comes with being arrested and convicted of a drug crime. People often assume that someone in this position is irresponsible, dangerous and likely has a criminal history. 

In reality, however, the people who use drugs come from all different walks of life. Many may look a lot different than others expect. This is especially true when we look at people who use marijuana. A recent survey illustrates this observation.

How to choose a criminal defense lawyer for your teen son

It is every parent’s nightmare: getting a call from the police station that your teenage son was arrested and faces criminal charges. While the ensuing emotions may be overwhelming, do not let them distract you from the most important issue. Your primary concern right now should be the legal process your teen will go through.

 

Why are police seizing my money or property?

Too many people make the mistake of thinking that they will only face penalties for a crime if they are convicted of one. These people fail to recognize the consequences that come with simply being accused of criminal activity or even associated with it. 

Civil asset forfeiture is one such consequence. It refers to the ability of law enforcement agencies to seize money, assets and any property the agency believes is the result of a crime or otherwise associated with criminal activity, such as drug manufacturing or sales. In other words, the police can take your property if they have reason to believe it's connected to a crime.

Complying with requirements of protective orders crucial

If someone has accused you of violence or making threats of violence, the courts may issue a protective order against you. This order does not mean you are guilty of a criminal offense, but it is crucial that you take the order and its restrictions seriously.

Should you violate the terms of a protective order, you could wind up facing additional criminal charges. Further, a violation could make you look bad in the eyes of the court. Therefore, knowing what you are supposed to do – or not do – will be crucial. Below are some of the more common terms with which people are expected to comply when a protective order is issued in Texas.

Are federal prosecutions on the rise?

For the past five years, the number of federal prosecutions across the U.S. has declined. In fact, according to statistics from the Pew Research Center, the number of prosecutions dropped by 25 percent between 2011 and 2016. Last year, there were the fewest number of criminal prosecutions in roughly 20 years.

However, this could all be changing in the years ahead, according to Attorney General Jeff Sessions who evidently plans to renew efforts to prosecute violent offenders. This marks a shift from the previous administration and traditional efforts to prosecute violent offenses at the state level.

Can being overweight affect your field sobriety test?

In Texas, if you are arrested for drinking while intoxicated, you are required by the "implied consent" law to take a blood or breath test to determine blood alcohol content. If you refuse, your license will be suspended for 180 days for a first offense. Before the officer arrests you, you may be subjected to a field sobriety test. This test generally includes three elements:

What happens if I violate my probation in Texas?

Being placed on probation for a criminal offense in Texas can be a highly desirable alternative to incarceration. Nevertheless, it can be extremely difficult to comply with the various terms and conditions of probation, which means many people wind up accused of probation violations.

You might think it is not a big deal to break one or two rules on probation, or that no one will know if you slip up. You might even think there are no real consequences for a probation violation. However, the truth is that law enforcement agents take probation violations very seriously, and you could be facing some harsh penalties if you violate the terms of your probation.

Texas lawmakers consider relaxing penalties for pot possession

Did you know that about 61,500 people were arrested for possession of marijuana in 2015? That means tens of thousands of people faced the possibility of a stain on their criminal record and even jail time in one year alone, all for an offense that people argue is not serious.

Marijuana possession is a crime in Texas, there is no doubt about that. However, there are doubts over whether aggressively pursuing and punishing people for this particular drug offense is effective and/or necessary. Recently, arguments in favor of decriminalizing small quantities of marijuana in the state were made in front of the House Criminal Jurisprudence Committee.

What's the difference between sober and legally intoxicated?

Texans should be well aware that driving while intoxicated is illegal. It is also dangerous, as alcohol can impair judgment, reaction time and cognitive functions. However, many drivers who wind up facing DUI charges in Texas aren't obviously intoxicated. In fact, some are just barely over the legal limit.

If this sounds like your situation, you are likely quite upset because you might not have even felt like you had crossed the line to legal intoxication.

Bill addresses penalties of celebratory gunfire in Texas

Living in Texas and owning a gun go hand-in-hand for a huge population of residents, whether they have a firearm for protection, hunting or simply because the Second Amendment protects the right to bear arms. If you own a gun -- and even if you don't -- you should know that there are numerous laws in place that dictate lawful gun use and ownership.

Recently, yet another bill was proposed with regard to gun use in Texas. A member of the Texas House of Representatives proposed the bill after he was injured by a stray bullet fired in celebration.