Posted on November 15,2024 in Criminal Defense

Getting arrested can be an unsettling experience. Being handcuffed can be one of the worst, if not the absolute worst, moments in your life. People are not often thinking rationally while they are being arrested. Your knee-jerk reaction might be to fight back. People who have experienced violence in their lives may be triggered and instinctively resist what they perceive as an assault. Those who did not commit the crimes they are accused of are often even more likely to resist arrest than those who did out of sheer panic. Even if the charges you were initially arrested for do not stick, a resisting arrest charge might. If you have been charged with resisting arrest, you should immediately reach out to a well-qualified Houston, TX criminal defense lawyer.

What Does Resisting Arrest Mean? 

Most people resist getting arrested in some way. You can only be charged with resisting arrest if you used force against the officer who was trying to arrest you. Going limp and refusing to walk to the cruiser is generally not considered resisting arrest because there is no force involved. People who go limp are not doing anything to make the arresting officer’s job easier but are not resisting forcefully. However, elbowing the officer in the stomach while he tries to handcuff you would be considered resisting arrest as there is force involved.

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 Posted on November 12,2024 in DUI/DWI

Anyone facing a Texas intoxication assault criminal charge should be concerned about also having civil liability for the other person's serious bodily injury. The intoxication assault crime requires the prosecutor to prove that the defendant's intoxication caused another's serious bodily injury. The criminal charge can thus go a long way toward also establishing civil liability. But civil liability requires proof of one element - the intoxicated driver's fault - that the criminal charge does not specifically require. Thus, the criminal intoxication assault charge does not alone establish civil liability. The elements of the crime differ somewhat from the elements of civil liability. The consequences of a criminal charge differ markedly from the consequences of civil liability. The procedures for the crime and civil liability also differ, meaning that defending the crime and civil liability also differ. The crime may lead to a civil liability claim. But do not lump the two together. Always speak to an experienced Houston, TX DUI lawyer if you are facing drunk driving charges.

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 Posted on November 07,2024 in DUI/DWI

As a parent, it is one of the worst calls you can get - your teenager calling to let you know they have been arrested for DWI. You probably think it cannot get much worse than a criminal charge for DWI until you discover that your underage child also had another teen in the car and is now facing a felony charge.

Driving while intoxicated is a serious matter in Texas, and if the police arrest your child while another teen is in the car, the consequences can be serious and long-lasting. That is why you need to hire an experienced Houston, TX DWI defense attorney as soon as possible.

Zero Tolerance: DWI in Texas as a Teen

The law regarding DWIs in Texas is pretty broad, even for adults of legal drinking age. But for those under 21, Texas is a zero-tolerance state. The standard DWI law in Texas prohibits people from driving a vehicle in a public place if:

• Their BAC is over the legal limit of .08 percent.

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 Posted on October 30,2024 in Criminal Defense

This election cycle has been more heated than most. People on both sides are very passionate, and protests are to be expected regardless of the outcome. Everyone has the right to engage in political speech in public. The right to free speech and the right to assembly are well-protected. However, there are time, place, and manner restrictions. Going about protesting in the wrong way can lead to criminal charges like disorderly conduct, rioting, obstructing a highway, or even more serious charges like terroristic threats and other assaultive offenses. If you are arrested while engaging in political protest this election day, an experienced Houston, TX criminal defense lawyer can help you.

Criminal Offenses People Might be Charged With While Protesting

A few of the most likely offenses people may be arrested for while attempting to protest this election day include: 

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 Posted on October 24,2024 in Criminal Defense

If you are a parent, you have probably heard horror stories about parents being charged with a crime or having CPS get involved because their children were briefly left playing outside alone, in no real danger. When today’s parents were children, they were afforded much more independence. It was not uncommon for older children to walk a few blocks to a playground alone or to ride their bikes to a neighborhood convenience store without an adult with them. Today, this can be a legal gray area. However, Texas’s Reasonable Childhood Independence laws provide some protection for parents who allow their children outside alone. If you are charged with child neglect, child endangerment, or a related offense, you need an experienced Houston, TX criminal defense lawyer.

Texas’s Reasonable Childhood Independence Laws

Texas’s Reasonable Childhood Independence law states that children should not be removed from their homes because their parents "allowed them to engage in independent activities that are appropriate and typical for the child’s level of maturity, physical condition, developmental abilities, or culture." While this law pertains to the removal of children and findings of child neglect by the Department of Family and Protective Services rather than criminal arrests for child neglect or endangerment, there is a lot of overlap between criminal prosecution and DFPS involvement. The Reasonable Childhood Independence laws are likely to inform police action as well.

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 Posted on October 15,2024 in Violent Crimes

Domestic violence is a criminal offense everyone has heard of. It means violence against a spouse, family member, or dating partner. Even a very minor assault, like a light push, can be treated as domestic violence. You might not have heard of the crime of unlawful restraint, at least until you were charged with it. Unlawful restraint is exactly what it sounds like - interfering with someone’s freedom of movement without a lawful reason. Domestic violence and unlawful restraint are often charged at the same time because it is very common for one person to restrain the other during a domestic dispute. An experienced Houston, TX domestic violence lawyer can help if you have been charged with unlawful restraint or other assaultive offenses.

Restraint As a Means of Preventing Violence

Many men would say that if a woman tried to hit him, he would restrain her instead of fighting back. While restraining the person who is assaulting you is generally a good way to prevent the situation from escalating and someone from getting hurt, it can also lead to criminal charges. If the police arrive and you have no evidence that your partner was attacking you when you restrained her, you may well get arrested.

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 Posted on October 10,2024 in Criminal Defense

Police only need reasonable suspicion that you were committing a crime to pull you over. It does not take much evidence to allow a police officer to initiate a traffic stop. However, police must meet a higher standard to search you or your belongings. Illegal searches can violate your Fourth Amendment rights. People often have their vehicles searched during a DWI stop, legally or otherwise. If the police searched your car during a DWI stop and you have been charged with another crime as a result, you need an experienced Houston, TX criminal defense lawyer to fight for you.

Searches to Ensure Safety

Police officers can search your vehicle without a warrant if they believe it is necessary for their immediate protection. This generally only applies if police can articulate that exigent circumstances existed and a search was necessary to prevent harm.

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 Posted on October 07,2024 in DUI/DWI

People are initially pulled over on suspicion of DWI only to be arrested on multiple charges after drugs, illegal weapons, or evidence of other crimes are found in the vehicle. When a person is arrested, the police are normally able to search his or her immediate surroundings. However, in some cases, the police can search your car first and arrest you second. If you have been accused of a DWI, drug possession, or another offense, you need an experienced Houston, TX criminal defense attorney to help you.

Vehicle Searches During DWI Stops 

Can police search your car when you have been stopped on suspicion of DWI? It depends on what happens during the stop. Generally speaking, police cannot search a vehicle after a normal traffic stop. For example, police cannot order you out of the vehicle and tear through your things if you were stopped for running a stop sign. The same is true when you are stopped on suspicion of DWI.

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 Posted on September 27,2024 in DUI/DWI

Blood and breath tests are considered a type of search. Chemical testing after a DWI stop is essentially "searching" your body for signs of drugs or alcohol. This means that you have certain constitutional rights when it comes to having a blood or breath test imposed on you. Most people - often unintentionally - consent to chemical testing after being arrested on suspicion of drunk driving. However, certain conditions must be met before you can be forced to submit to testing. If you are accused of a DWI, you need an experienced Houston, TX DWI attorney. 

Breath and Blood Tests During DWI Stops 

Once you are stopped on suspicion of DWI, the police officer will assess the situation and determine if you appear to be intoxicated. Intoxication simply means that you are not able to drive your vehicle safely because you have consumed drugs or alcohol. Police do not necessarily have to prove that your blood alcohol concentration (BAC) exceeds the legal limit to arrest you for DWI. Instead, they can infer that you are intoxicated from circumstantial evidence.

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 Posted on September 23,2024 in DUI/DWI

Getting stopped by the police is arguably one of the worst feelings in the world. The consequences of a traffic stop can be even worse if police believe that you are driving while intoxicated. First-time DWI offenses carry harsh penalties, including possible time behind bars and the loss of your license.

If you are facing DWI charges in Houston, it is important to get the help of an experienced criminal defense attorney. Houston DWI attorney specialist Doug Murphy will make sure that you exhaust every possible argument in your defense. Many times, attacking the validity of a traffic stop, search, or seizure can be enough to defeat DWI charges. A well-qualified Houston, TX DWI attorney can help.

Traffic Stops Require Reasonable Suspicion

The Fourth Amendment to the United States Constitution offers a lot of protection to everyday citizens. Under this amendment, you have the right to be free from unlawful searches and seizures. This right also extends to other interactions with police, including traffic stops. Specifically, police cannot require you to pull over and question you whenever they want. Rather, police must have some reason to believe that you have violated the law in some way.

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