Posted on January 01, 2023 in Uncategorized

So, you're facing a charge for driving while intoxicated in Houston. It happens to many people after a few drinks with dinner or out at the game. But maybe you're sure that you weren't intoxicated, and the BAC test the police gave you is just wrong. What if your absorption rate for alcohol is lower than most people's? Can you use this as a defense for a DWI in Texas?

What is Driving While Intoxicated in Texas?

You can get arrested for DWI in Texas even if your blood alcohol content is below the.08% legal limit. Under Texas law, the definition of "intoxicated" extends beyond just your BAC. The Texas statute states that someone is intoxicated if they:

• Not having the normal use of either your mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.

  Continue Reading ››

 Posted on January 01, 2023 in Uncategorized

You undoubtedly have many questions if you're facing a charge for driving while intoxicated on federal lands in Texas. How is this different from a state DWI? Is it more serious? In many states, federal DWI or DUI law is stricter than state law. That's not necessarily true in Texas, where strict DWI laws exist. But even if you're facing a DWI on federal lands, an expert in Texas DWI can help.

Texas DWI Law

Under Texas law, you can face DWI charges even when your blood alcohol content is below.o8%, which is the legal limit. That's because Texas defines someone as "intoxicated" if they:

• Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.

Tex. Penal Code § 49.01 (2001). So, you can face DWI charges if you were operating a motor vehicle in public, and you have a BAC over.08%, or you don't have the normal use of your mental or physical faculties.

Continue Reading ››

 Posted on January 01, 2023 in Uncategorized

In the age of all things digital, you may have seen dozens of arrests posted online. The viral recording of George Floyd's death in Missouri in 2020 led to mass protests across the country and put police actions under a microscope in many states in the U.S. Since then, arrest videos from bystanders and the subjects of the arrest themselves have proliferated across social media. At the same time, more law enforcement officers must now wear body cameras or use dashboard cameras during interactions with the public, stops, and arrests. But what if you want to record your own interactions with the police in Texas? Can you record your arrest with your cell phone?

Can You Record Your Arrest?

The Supreme Court has never directly ruled on whether you have the right to record the police on your cell phone. But many federal appellate courts have held that you have a First Amendment right to record police officers in public places. Even in states requiring two-party consent for audio recordings, courts have held that police officers don't have any expectation of privacy during a traffic stop, and you don't need their consent to record them. Recording the police is not a violation of wiretapping statutes that restrict when you can record audio of another person without consent. If you are on private property, the property owner may be able to set rules about recording others. But under Texas law, you only need one party's consent to record.

Continue Reading ››

 Posted on January 01, 2023 in Uncategorized

Understanding state and federal laws about carrying a gun can be tricky. Gun laws vary from state to state, and while Texas has gun-owner-friendly legislation, knowing where you can carry a gun and whether and when you need a license can be challenging. That's why we're answering some of the most common questions we hear from our clients about Texas gun laws.

Who Can Carry a Gun in Texas?

On September 21, 2021, Texas enacted new legislation making it easier to carry a gun. If you qualify, you can carry a gun in a public place without a license to carry it, as long as you carry it in a holster. You may qualify to carry a gun under Texas state law if:

• You are at least 21,
• You don't have any prior felony firearms convictions,
• You don't have any recent convictions for certain misdemeanors for carrying an unlawful weapon or unlawful possession of a firearm,
• You don't have an unexpired protective order in place against you,
• You aren't restricted from possessing a firearm because of prior federal firearms charge under 18 U.S.C. § 922(g), and

  Continue Reading ››

 Posted on January 01, 2023 in Uncategorized

The internet can seem like the Wild West sometimes. People often do and say whatever they want and seem nearly anonymous. But your actions online can come back to haunt you, particularly if some of your online activity is legal. Some of the most common legal troubles people run into online include:

• Making online threats
• Illegal searches
• Revenge porn
• Hate speech
• Illegal activity

But if you do run afoul of the law for your online endeavors, it's important to remember that you are innocent until proven guilty, just like you are for any charged criminal offense. With the help of an expert in Texas criminal defense law, you'll have the best possible chance of a positive outcome.

Making Online Threats and Stalking

Texas's Electronic Communications Act of 2001 makes it illegal to stalk, harass, abuse, or threaten others online. Crimes could include actions like:

Continue Reading ››

 Posted on January 01, 2023 in Uncategorized

Getting arrested is always a scary prospect. It can be humiliating, frightening, and overwhelming all at the same time. It's hard to know what to do and what to expect, but at least you can usually handle it privately while going about your regular life. However, if you're arrested at work, your arrest suddenly becomes a public spectacle in front of your colleagues, boss, and maybe even people who work for you. In this stressful time, it's important to remember that you are innocent until proven guilty, and your arrest does not mean a court will convict you. You need an expert in Texas criminal defense to protect your rights and guide your case to the best possible resolution.

What Happens After an Arrest?

After the police take you into custody, they'll take you to a police station or central processing station. You do not have to answer their questions beyond basic information about yourself. In fact, you should ask for an attorney before you speak to the police. After booking, you'll face the following:

Continue Reading ››

 Posted on January 01, 2023 in Uncategorized

Cybercrime is increasingly common in the U.S. and Texas, targeting businesses and individuals across the state. Internet crimes cost Americans more than $6.9 billion in 2021 and cost the state of Texas hundreds of millions each year. According to the Texas Comptroller, Texas victims reported $117 million in internet crime losses in 2017. And those are just the crimes reported to law enforcement agencies. As a result, Texas and federal law enforcement agencies treat online crimes harshly and target them for aggressive enforcement.

If you're accused of a Texas cybercrime, it can be frightening, with the possibility of severe penalties looming over your head. But if you live outside of Texas, the arrest can be even more stressful. Whether you're solely facing state cybercrime charges or also facing federal internet crime charges in Texas, it's important to remember that you are innocent until proven guilty. But you do need an experienced Texas criminal defense attorney well-versed in handling both federal and state cybercrime charges. An expert in criminal defense law like attorney Doug Murphy can help.

Continue Reading ››

 Posted on January 01, 2023 in Uncategorized

Domestic violence is a serious problem in Texas, and law enforcement agencies take family and dating violence, as well as the threat of violence, seriously. According to the Texas Advocacy Project, one in three Texans will experience domestic violence at some point in their lives. Girls and young women between 16 and 24 experience the highest rate of domestic violence, at triple the rate of the national average for intimate partner violence.

Domestic violence isn't limited to a hit, kick, or punch. It also encompasses behavior like stalking, threats, and emotional abuse. But where is the line? When does a simple verbal fight, with threats and harsh words on either side, become domestic violence in Texas?

The Texas Family Violence Statute

Whether your actions fall under the Texas family violence statute will depend on the nature of your relationship with your accuser and your alleged actions against them.The law describes "family violence" as:

Continue Reading ››

 Posted on January 01, 2023 in Uncategorized

An arrest is always stressful and frightening, raising worries about the possible consequences of a conviction and jail time. But if the police arrest you and you realize that you can't remember what happened the next day, you may be even more concerned. How can you defend yourself if you have no idea what you did or didn't do? But this arrest isn't something you must handle on your own. An expert in criminal defense law like attorney Doug Murphy can aggressively defend you and protect your rights regardless of the holes in your memory.

What Do I Do After a Houston Arrest?

Knowing what to do after an arrest can help protect you and your rights.

1. Don't Talk to Police: If you're arrested in Houston, it's important to remember that you don't have to talk to the police. Aside from providing basic information about who you are, you are under no obligation to answer their questions. The Fifth Amendment protects you from being forced to incriminate yourself.

   Continue Reading ››

 Posted on January 01, 2023 in Uncategorized

If you're facing criminal charges in Texas and federal courts, you're undoubtedly worried about what might happen. Can you go to trial in two courts for the same crime? Can you hire the same lawyer for both? You can face both federal and state charges for the same crime in Texas. But you'll need a lawyer who is an expert in criminal defense, with extensive experience in both federal and state court by your side.

Federal Versus State Jurisdiction

Whether you face state or federal criminal charges largely depends on the statute you've allegedly violated. In Texas, the state penal code defines criminal conduct. It includes many "state crimes," such as murder, sexual assault, driving while intoxicated, or assault. These crimes are typically prosecuted solely by the state of Texas and investigated by state or local police and sheriff departments. The state handles most of the criminal cases in Texas.

But the United States Code also defines criminal conduct and actions that violate federal law. Some examples of federal crimes include:

Continue Reading ››