According to the facts discussed in the recently published judicial opinion, the case involved a collision where the defendant damaged a utility pole and an antique truck. While convicted of failure to perform a duty to provide information after the accident, the defendant was ordered to pay restitution for damages caused by the accident. The key question at hand is whether restitution can be ordered for an offense that did not directly cause the damage. The lower court entered a restitution ruling against the defendant, leading him to appeal.
The appellate court saw things differently than the trial court, and agreed with the defendant’s arguments that the restitution order was not appropriate. The defendant was convicted of failure to comply with duties after an accident, not for causing the damage to the utility pole and truck. The court noted that Texas Code of Criminal Procedure, which governs the imposition of restitution. It emphasizes the statutory references requiring a direct connection between the offense and the damage caused. The analysis underscores that the criminal offense must be the cause of the damage for restitution to be justified.
]]>According to the facts discussed in the recently published appellate opinion, the recent case in question involved an individual who was convicted of attempted sexual assault, a third-degree felony. However, the trial court’s jury instructions became a focal point of contention on appeal, as it allowed the jury to consider a broader range of actions than originally alleged in the indictment. The charge included a lesser-included offense for attempted sexual assault with an application paragraph that expanded the means of penetration to “by any means,” contrary to the indictment’s specific mention of using the sexual organ.
Upon appeal, the court of appeals found that an error was made in the charge and that the charge error was not harmless and led to egregious harm, resulting in a reversal of the conviction. The dissenting opinion argued that the error was harmless, emphasizing the unlikely scenario in which the jury would engage in convoluted mental gymnastics to reach a verdict.
]]>Facts of the Case
According to the opinion, officers on patrol one evening used an automated license plate reader to discover that a nearby vehicle’s owner was wanted on multiple outstanding arrest warrants. Additionally, the officers noticed that the vehicle did not match the one for which the vehicle’s tags had been issued.
The officers put on their lights and attempted to conduct a traffic stop. The defendant stopped at first, but then he proceeded to flee the scene. What ensued was a high-speed chase that lasted approximately one hour. Eventually, officers used spike strips to stop the defendant in his car. The officers then arrested the defendant for avoiding arrest.
The Decision
The defendant filed a motion to suppress incriminating evidence, arguing that the officer had no right to initiate a traffic stop based solely on the license plate reader’s information. The trial court denied the motion, and the defendant’s case went to trial. He was found guilty of evading arrest, and the trial court sentenced him accordingly. The defendant promptly appealed the lower court’s denial of his motion to suppress.
On appeal, the higher court looked at whether the officers had the right to initiate a traffic stop. Ultimately, said the court, it was relevant that the defendant committed a new offense (i.e., evading arrest) after the officer initiated the traffic stop. Even if the officer unreasonably initiated the traffic stop, the fact that the defendant then fled allowed the officer to pursue him through the high-speed chase.
Because the defendant clearly fled the scene, going over one hundred miles per hour in a 35-mile-per-hour zone, the officer’s chase was justified. The court denied the defendant’s appeal, deciding that the trial court rightfully denied the motion to suppress. Given the defendant’s decision to flee from the scene, which constituted a separate offense, the trial court’s decision was appropriate and would remain in place.
Are You or a Loved One in Need of a Criminal Defense Attorney in the State of Texas?
At Guest & Gray, we have a proven track record of client satisfaction, and we pride ourselves on delivering a customer-first approach to our litigation. If you would like a free and confidential consultation with an experienced and communicative criminal defense attorney in Texas, give us a call today at (972) 564-4644. You can also fill out our contact form online to have an attorney reach back out to you as soon as possible about your case.
]]>Facts of the Case
According to the opinion, officers on patrol one evening used an automated license plate reader to discover that a nearby vehicle’s owner was wanted on multiple outstanding arrest warrants. Additionally, the officers noticed that the vehicle did not match the one for which the vehicle’s tags had been issued.
The officers put on their lights and attempted to conduct a traffic stop. The defendant stopped at first, but then he proceeded to flee the scene. What ensued was a high-speed chase that lasted approximately one hour. Eventually, officers used spike strips to stop the defendant in his car. The officers then arrested the defendant for avoiding arrest.
The Decision
The defendant filed a motion to suppress incriminating evidence, arguing that the officer had no right to initiate a traffic stop based solely on the license plate reader’s information. The trial court denied the motion, and the defendant’s case went to trial. He was found guilty of evading arrest, and the trial court sentenced him accordingly. The defendant promptly appealed the lower court’s denial of his motion to suppress.
On appeal, the higher court looked at whether the officers had the right to initiate a traffic stop. Ultimately, said the court, it was relevant that the defendant committed a new offense (i.e., evading arrest) after the officer initiated the traffic stop. Even if the officer unreasonably initiated the traffic stop, the fact that the defendant then fled allowed the officer to pursue him through the high-speed chase.
Because the defendant clearly fled the scene, going over one hundred miles per hour in a 35-mile-per-hour zone, the officer’s chase was justified. The court denied the defendant’s appeal, deciding that the trial court rightfully denied the motion to suppress. Given the defendant’s decision to flee from the scene, which constituted a separate offense, the trial court’s decision was appropriate and would remain in place.
Are You or a Loved One in Need of a Criminal Defense Attorney in the State of Texas?
At Guest & Gray, we have a proven track record of client satisfaction, and we pride ourselves on delivering a customer-first approach to our litigation. If you would like a free and confidential consultation with an experienced and communicative criminal defense attorney in Texas, give us a call today at (972) 564-4644. You can also fill out our contact form online to have an attorney reach back out to you as soon as possible about your case.
]]>According to the facts discussed in the appellate opinion, the defendant was charged with a Texas domestic violence offense. At trial, the prosecution sought to prove the elements of an aggravated offense, and the defendant was sentenced to five years in prison. The defendant appealed his conviction, arguing that the state inappropriately used an expert witness who unfairly influenced the jury to convict him of the aggravated offense.
On appeal, the Court found that Rule of Evidence 702, which governs the admissibility of expert testimony, plays a pivotal role in determining whether an expert witness’s testimony will be considered in court. Under this rule, three conditions must be met before expert testimony becomes admissible: qualification, reliability, and relevance.
]]>Facts of the Case
According to the opinion, the defendant was charged with assault after he physically abused a person that he was dating. He struck her with his hand, hit her with an object, pulled her hair, and pushed her to the ground. According to the State, the defendant used both a car and a firearm during the assault, which made the offense more serious.
The defendant had been previously convicted of assault, specifically assault against a family member. The case went to trial, and a jury found the defendant guilty. After trial, the court sentenced the defendant to 50 years in prison. The defendant promptly appealed the judge’s decision.
The Court’s Decision and Legal Analysis
On appeal, the defendant argued that the trial court judge was biased against him. During the sentencing phase of the case, the judge spoke at length about the defendant’s prior convictions. After discussing the defendant’s criminal history at length, the judge decided he would accept the State’s suggestion and sentence the defendant to 50 years in prison.
Reviewing the trial court’s record, the district court found that the judge acted within his rights when sentencing the defendant. Even though the judge referenced the defendant’s prior convictions, he still chose a sentence that was within the sentencing guidelines for the defendant’s offense. There was no evidence, said the court, to show that the judge was biased against the defendant, and the judge was entitled to choose a sentence at the high end of the State’s suggestion.
Therefore, said the court, the defendant’s sentence would be affirmed.
Do You Need a Criminal Defense Attorney in Texas?
At Guest and Gray, our team of criminal defense attorneys takes pride in protecting the rights and freedoms of Texans when they are facing charges. Our first goal is to get your charges dropped, and we do everything in our power to allow you to walk away without having to face a guilty conviction. If you or your loved one is looking for aggressive and forward-thinking representation, look no further. For a free and confidential consultation, give us a call today at (972) 564-4644. You can also fill out our online form to have an attorney reach back out to you as soon as possible.
]]>Facts of the Case
The defendant’s case revolved around an August 2020 drive-by shooting that took place in Grand Prairie, Texas. A seventeen-year-old boy was killed while at a convenience store, and investigators discovered that the shots came from a driver-side window of a white SUV speeding by. The police department notified all local agencies to be on the lookout for the car, and an officer eventually stopped the SUV a few hours later.
The officer searched the SUV and found a nine-millimeter bullet, which matched the bullet casings found at the crime scene. After some additional investigation, the State charged the defendant (who was also the car’s driver) as the shooter. His case went to trial, and he was found guilty as charged. The defendant appealed.
The Court’s Decision and Analysis
On appeal, the defendant argued that the evidence was not legally sufficient to prove his guilt in the shooting. Under the United States Constitution, the prosecution must prove every element of a crime beyond a reasonabel doubt. Here, the defendant claimed that there was significant room to doubt whether he was the shooter or whether it was someone else entirely. He asked the higher court to review the trial record and find that the jury unfairly found him guilty.
Looking at the evidence, the court ultimately disagreed with the defendant and affirmed the lower court’s ruling. Several facts supported the jury’s finding: the defendant’s SUV matched the SUV driving by the convenience store; the defendant and his car were found near the crime scene; the bullet in the SUV matched the bullet casings from the shooting; and the defendant fit a witness’s description of the shooter.
With those facts established, the court confirmed that the evidence was legally sufficient to result in a conviction.
Are You in Need of a Top-Notch Criminal Defense Attorney in Texas?
If you or a loved one is facing criminal charges in Texas, don’t wait – call the law office of Guest and Gray today. Our team has a proven track record of customer satisfaction and an unmatched record of success. We specialize in getting our clients the results they need, when they need them the most. For a free and confidential consultation with a member of our team, give us a call today at 972-564-4644. You can also fill out our “contact form” to have an attorney reach back out to you about your case as soon as possible.
]]>Understanding Collin County DUI Laws
Before we delve deeper into how to build a strong DUI defense strategy, it is essential to understand the DUI laws in Collin County.
Blood Alcohol Concentration (BAC) Limits
In Collin County, the legal limit for BAC is 0.08%. However, drivers under the age of 21, commercial drivers, and individuals on probation for a previous DUI charge cannot have any alcohol in their system while operating a vehicle. It is important to note that BAC can be affected by a variety of factors, including the individual’s weight, gender, and the rate of alcohol consumption. For example, a person who weighs less may reach the legal limit faster than someone who weighs more. Furthermore, alcohol can impair a driver’s ability to operate a vehicle safely, even if their BAC is below the legal limit. This is why law enforcement officers may still arrest individuals for DUI if they exhibit signs of impairment, such as erratic driving or slurred speech.
Implied Consent Law
Collin County has an implied consent law that mandates drivers to take a chemical test if they are arrested under the suspicion of DUI. This means that if a law enforcement officer has probable cause to believe that a driver is under the influence of drugs or alcohol, the driver must submit to a blood, breath, or urine test. Refusing to take the test can lead to an automatic driver’s license suspension for up to 180 days. It is important to note that even if a driver refuses the test, they can still be charged with DUI based on other evidence, such as field sobriety tests or witness testimony.
DUI Penalties and Consequences
The penalties for DUI in Collin County vary depending on the severity of the charge and the defendant’s criminal history. For a first-time DUI offense, the penalties can include up to 180 days in jail, a fine of up to $2,000, and a license suspension of up to two years. For subsequent offenses, the penalties increase significantly. A second DUI offense can result in up to one year in jail, a fine of up to $4,000, and a license suspension of up to two years. A third offense is considered a felony and can result in up to 10 years in prison, a fine of up to $10,000, and a license suspension of up to two years.
Additionally, a DUI conviction can affect one’s employment, housing, and future opportunities. Employers may be hesitant to hire individuals with a criminal record, and landlords may be hesitant to rent to them. Furthermore, a DUI conviction can make it difficult to obtain certain professional licenses or security clearances. It is important to take DUI charges seriously and to seek the assistance of an experienced DUI defense attorney. With the right defense strategy, it may be possible to have the charges reduced or dismissed altogether.
Building a Strong DUI Defense Strategy
Building a strong DUI defense strategy is crucial to improve your chances of getting the charges reduced or dismissed. Here are some tactics that an experienced DUI attorney in Collin County may use to defend your case:
Challenging the Traffic Stop
An officer cannot pull you over without probable cause. If they did, then any evidence obtained from the traffic stop could be inadmissible in court. Your attorney may examine the circumstances surrounding the traffic stop, such as whether the officer had a valid reason to pull you over, whether they followed proper procedures during the stop, and whether they had a valid warrant or consent to search your vehicle. They may also look into whether the officer had any biases or prejudices that could have influenced their decision to pull you over.
Another tactic your attorney may use is to question the officer’s observations during the traffic stop. For example, they may argue that the officer did not have a clear view of your driving behavior, that the officer misinterpreted your behavior, or that the officer’s observations were influenced by external factors, such as poor lighting or distracting surroundings.
Questioning the Field Sobriety Tests
The accuracy of field sobriety tests can be challenged, and an attorney may argue that other factors, such as fatigue or medical conditions, may have influenced the results. Your attorney may also question whether the officer administered the tests correctly, whether the tests were appropriate for your physical condition, and whether the tests were affected by external factors, such as weather or road conditions. In addition, your attorney may challenge the officer’s interpretation of the test results. They may argue that the officer misinterpreted your behavior, that the officer did not have a clear view of your behavior, or that the officer’s observations were influenced by external factors.
Disputing the Breathalyzer or Blood Test Results
The results from chemical tests can be inaccurate for various reasons, such as improper calibration or contamination of equipment. Your attorney may examine the circumstances surrounding the chemical test, such as whether the equipment was properly maintained and calibrated, whether the test was administered correctly, and whether the test results were affected by external factors, such as medication or medical conditions. Your attorney may also challenge the reliability of the test results. They may argue that the test results were not consistent with your behavior, that the test results were affected by external factors, or that the test results were improperly interpreted by the officer.
Overall, building a strong DUI defense strategy requires careful examination of the circumstances surrounding your case and a deep understanding of DUI law. With the help of an experienced DUI attorney, you can improve your chances of getting the charges reduced or dismissed and move forward with your life.
Hiring an Experienced Collin County DUI Attorney
If you have been charged with DUI in Collin County, it is crucial to hire an experienced DUI attorney who understands local laws, court procedures, and has a track record of successfully defending DUI cases. DUI charges can be a serious matter and can have long-lasting consequences on your personal and professional life. Therefore, it is essential to have the right legal representation to protect your rights and interests.
Importance of Local Knowledge
A local DUI attorney knows the judges, prosecutors, and defense attorneys, which can help them build a robust defense strategy that is catered to your case. They have a deep understanding of the local laws and regulations, and they can use this knowledge to your advantage. They can also help you navigate the local court system, which can be complex and overwhelming for someone who is not familiar with it. Moreover, a local attorney can provide you with valuable insights into the local legal community, which can help you make informed decisions about your case. They can also provide you with a realistic assessment of your case and the potential outcomes, which can help you prepare for the future.
Evaluating Your Case
An experienced DUI attorney can evaluate your case and determine the best course of action to defend your rights and interests. They can review the evidence against you, assess the strength of the prosecution’s case, and identify any weaknesses in their arguments. Based on their evaluation, they can develop a customized defense strategy that is tailored to your specific case. They can also help you understand the potential consequences of a DUI conviction, such as fines, jail time, license suspension, and increased insurance rates. They can advise you on the best course of action to minimize these consequences and protect your future.
Navigating the Legal Process
Going to court can be an intimidating and complex process. An experienced attorney can guide you through the legal process, prepare you for court appearances, and negotiate with the prosecutor on your behalf. They can also help you understand your rights and obligations, and ensure that you are treated fairly throughout the legal process. Additionally, they can help you gather evidence, interview witnesses, and build a strong defense case. They can also represent you in court and argue on your behalf, using their experience and knowledge to present a compelling case in your defense.
In conclusion, hiring an experienced DUI attorney in Collin County can be the difference between a positive and negative outcome in your case. They can provide you with the legal representation you need to protect your rights and interests, and ensure that you are treated fairly throughout the legal process. So, if you are facing DUI charges, don’t hesitate to contact a local attorney today to discuss your case and explore your legal options.
Potential DUI Defense Tactics
In addition to challenging the evidence and working with an attorney, here are other possible DUI defense tactics:
Medical Conditions as a Defense – If you have a medical condition that affects your balance or coordination, your attorney can argue that the field sobriety tests were invalid.
Inaccurate Testing Equipment – An attorney can argue that the testing equipment was inaccurate, which could result in a dismissal of your case.
Improper Police Procedures – If the officer did not follow proper arrest procedures or violated your rights during the arrest, then your attorney could argue that the evidence obtained was inadmissible.
Speak with an Experienced Collin County DUI Defense Lawyer About Your Case Today
Getting charged with DUI can be a frightening and challenging time, but with the right DUI defense strategy, you can protect your rights, interests, and future. Remember, Collin County takes DUI seriously, and the prosecution has a high burden of proof to secure a conviction. Therefore, working with an experienced DUI attorney at Guest & Gray is essential to secure the best possible outcome for your case. At Guest & Gray, we have decades of experience defending clients facing DUI charges, and we know what it takes to beat even the toughest cases. Give us a call to schedule a free consultation at 972-564-4644.
]]>Understanding Motions to Suppress
Before delving into the intricacies of motions to suppress, it is essential to grasp their fundamental definition. In criminal cases, motions to suppress can be filed when there is reason to believe that certain evidence presented against the defendant was obtained illegally or in violation of their constitutional rights. The primary purpose of these motions is to exclude such evidence from being used against the defendant in court.
The significance of motions to suppress cannot be overstated. They can be the difference between a conviction and an acquittal. When successful, these motions effectively render the unlawfully obtained evidence inadmissible, weakening the prosecution’s case and providing the defendant with a much better chance at trial. In many cases, the prosecution will be forced to withdraw some or all of the charges if a motion to suppress is granted.
What Is a Motion to Suppress?
Motions to suppress are legal requests made by the defense to exclude specific evidence from being used against the defendant in a criminal trial. These motions argue that the evidence in question was obtained illegally or in violation of the defendant’s constitutional rights.
The Importance of Motions to Suppress in Criminal Cases
In the realm of criminal law, the importance of motions to suppress cannot be emphasized enough. When successful, these motions prevent evidence obtained through unlawful means from being admitted in court. This exclusion acts as a safeguard against constitutional violations and ensures a fair trial for the defendant. It also serves as a deterrent for law enforcement, encouraging them to adhere to the legal boundaries while conducting searches, seizures, and interrogations.
Legal Grounds for Filing a Motion to Suppress in Texas
Knowing the legal grounds on which a motion to suppress can be filed in Texas is crucial to mounting an effective defense. The following are some common scenarios where such motions are often filed:
Unlawful Search and Seizure
One of the most prevalent grounds for filing a motion to suppress is an unlawful search and seizure. The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures by law enforcement. If it can be established that the search and seizure in the defendant’s case were conducted without a valid warrant, consent, or probable cause, a motion to suppress can be filed.
Violation of Miranda Rights
Another frequent basis for filing a motion to suppress arises from violations of Miranda rights. The Miranda warning is a requirement for law enforcement to inform individuals in custody of their right to remain silent and their right to an attorney. Failure to provide this warning or coercion during the interrogation process can result in the suppression of any incriminating statements made by the defendant.
Illegally Obtained Confessions
In some cases, the defendant’s confession may have been obtained through illegal means, such as coercion, deception, or without the presence of an attorney. When it can be established that the confession was unlawfully obtained, a motion to suppress the confession can be filed in court.
Motions to suppress hold significant influence in Texas criminal cases. They are powerful tools that defense attorneys can utilize to protect their clients’ rights and ensure a fair trial. Understanding the legal grounds, the process, and the consequences associated with these motions is essential for both the defense team and the defendant. Seeking the guidance of an experienced defense attorney is crucial to navigating the complexities of motions to suppress and maximizing the chances of a favorable outcome.
We’re Subject to an Illegal Search, Seizure or Interrogation?
If you were recently arrested after law enforcement conduct an illegal search, seizure or interrogation, any evidence obtained by police may not be used against you. At the Forney criminal defense law firm of Guest & Gray, we have extensive experience litigating pre-trial motions to suppress on behalf of clients charged with serious crimes, including sex offenses, robbery, homicide and domestic violence. To learn more, and to schedule a free consultation to reach out to our Dallas County criminal defense attorneys at call at 972-564-4644 or connect with us through our online contact form.
]]>Selecting the Right Defense Attorney for Your Case
Choosing the right defense attorney is paramount in motions to suppress. It is essential to select an attorney with a proven track record in handling similar cases and a strong understanding of the intricacies involved. A capable defense attorney will thoroughly evaluate the circumstances surrounding the alleged constitutional violations and provide the needed guidance throughout the entire process. The experienced defense attorneys at Guest and Gray possess an in-depth understanding of criminal law and the constitutional protections afforded to individuals. We can identify potential grounds for filing a motion to suppress, gather evidence to support our clients’ claims, and craft persuasive arguments to present in court. Our expertise plays a crucial role in shaping the outcome of your case.
The Consequences of Successful and Unsuccessful Motions to Suppress
The consequences of both successful and unsuccessful motions to suppress can significantly impact the outcome of a criminal case. Understanding these implications is vital for defendants and their legal teams.
Impact on the Criminal Trial
A successful motion to suppress can result in the exclusion of key evidence, weakening the prosecution’s case and potentially leading to a dismissal, reduction in charges, or a more favorable plea negotiation. On the other hand, an unsuccessful motion to suppress may allow the evidence to be used against the defendant, potentially strengthening the prosecution’s case.
Potential for Appeal
If a motion to suppress is denied, there may be opportunities for appeal based on the legal or procedural errors that occurred during the hearing. An experienced defense attorney can assess the viability of an appeal and guide their client through the appeals process if necessary.
The Process of Filing a Motion to Suppress in Texas
Understanding the process of filing a motion to suppress is crucial for defense attorneys and defendants seeking to challenge the admissibility of evidence. The following steps outline the general process:
When to File a Motion to Suppress
Timing is crucial when filing a motion to suppress. In Texas, the general rule is that the motion must be filed before trial or during the pretrial phase. It is advisable to file the motion as early as possible to allow sufficient time for the court to review and rule on it.
How to Draft a Motion to Suppress
The motion to suppress must clearly articulate the legal grounds for challenging the evidence’s admissibility. It should include relevant factual details, cite applicable laws and precedents, and provide a persuasive argument as to why the evidence should be excluded.
Presenting the Motion in Court
Once the motion has been filed, it will be presented before the judge during a pretrial hearing. The defense attorney will have the opportunity to present their arguments, and the prosecution will respond. The judge will then review the motion and make a ruling on the admissibility of the evidence.
Have You Been Charged with a Crime After Police Officers Violated Your Rights?
If you were arrested after an unlawful search and seizure, any evidence the government plans to use against you may be inadmissible. However, you’ll need to convince the court that the officer’s violated your constitutional rights. That’s where the dedicated Forney criminal defense attorneys at Guest & Gray come into play. At Guest & Gray, we have decades of experience litigating motions to suppress on behalf of our clients, preventing potentially harmful evidence from being used against them. We keep up-to-date with all new legal developments to ensure your case is handled with the utmost care from beginning to end. To learn more, and to schedule a free consultation, give one of our Dallas County criminal defense attorneys at call at 972-564-4644 or reach out through our online contact form.
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