Articles Posted in Kaufman County Criminal Defense Lawyer

What is assault causing bodily injury in Texas? 

A person commits assault if he intentionally, knowingly, or recklessly causes bodily injury to another person. TEX. PENAL CODE ANN. § 22.01(a)(1).

“Bodily injury” is broadly defined as “physical pain, illness, or any impairment of physical condition.” Id. § 1.07(a)(8).

Let’s talk about turn signals. Lots of people get pulled over for not using a turn signal. But what does the law require? The short answer is – 100 feet. You have to use them for 100 feet before you turn.

Here is the Texas Transportation Code 545.104

(a) An operator shall use the signal authorized by Section 545.106 to indicate an intention to turn, change lanes, or start from a parked position.

We get it

Being a criminal defendant sucks, and one of the reasons why is the huge amount of time the system will steal from you. For example, in most counties (besides Dallas) judges require defendants to appear at every setting, even on who-gives-a-shit misdemeanor cases. Defendants have to miss work and wait around the courthouse just to sign a pass slip and get another court date. It gets frustrating when it feels like the case is moving towards a conclusion, and defendants have to keep investing. The truth of criminal defense lawyering is that the fast result, or plea offer, is usually not the best result, or plea offer.

So what makes a criminal case take so long?

I used to be a solo practitioner. That is, I was the only attorney in my own firm. It was an exciting time and the way many lawyers start out after leaving the DA’s office. It was also an exceptionally challenging way to practice law. Guest Law Firm PC ended in 2011 when Guest and Gray was formed. It marked the end of my solo practice, and it helped me understand the benefits of having a team of lawyers in a criminal defense firm.

When I was solo I had to have all the answers not just for the case, but for the firm. I had to handle all the consultations, attend all the hearings, review all the discovery, watch all the videos, research all the issues etc; as well as attend to the running of a business with all the demands of marketing, accounting, payroll etc. I did not speak Spanish, but I would be appointed clients who did and assigned an interpreter.

I would have issues I hadn’t litigated before and sought the assistance of my peers. If I needed to workshop a case for litigation strategies I usually took another lawyer to lunch. If I got sick or took a vacation, my clients had to wait until I got back to reach me. If I was in trial, I couldn’t help anyone else until the trial ended. That’s the life of a solo lawyer, it’s a great way to get a lot of experience fast. But it also created problems when I couldn’t be two places at once. There are a lot of great solo defense lawyers in Texas, but in my experience practicing defense work alone is no match for a team of experienced defense lawyers.

So you’ve got a ticket in Forney and you want to keep it off your record? Do you need a lawyer? The answer is….. maybe, but maybe not. Let’s go over your options. Forney has two courts that handle traffic tickets, Forney Municipal Court (where the Forney Police Station is) and JP2 (downtown Forney close to our office). If you have received a traffic ticket in or near Forney, it is one of those two courts. If you receive a ticket in these courts you can hire a lawyer, and many people do. But you don’t have to.

Why hire a lawyer for a Forney traffic ticket?

The advantages of hiring a lawyer is that we have a relationship with prosecutors and know what the range of acceptable outcomes are in ticket cases. That makes it easier for us to work out your case. We can also appear in court for you. Which saves you time. Finally, we can raise legal and factual issues with your case that may get it dismissed.

I meet a lot of people during consults. A lot of people who are going through the trauma of being arrested for a felony DWI case. They are ashamed, scared, sad, angry at themselves, and now facing the possibility of prison time. Whether it’s their 3rd, 4th, or 5th DWI, or a DWI with child, or an intoxication assault, they are all scared and wondering what to do next. I tell these potential clients to seek help immediately for possible substance abuse. I recommend they complete the most intense rehabilitation program that they can, and seek the advice of their PCP as well. Why?

You’ve got time before we go to court, you need to use it

We usually have a lot of time between a felony DWI arrest and going to court. Felony DWI cases almost always go before the grand jury before they are filed. You can waive a grand jury, but it’s rare. In Kaufman County it’s not uncommon for 4-6 months to pass between an arrest for felony DWI and an indictment. The State has to wait on blood results from the lab, and that can take a few months. If there is an accident, then they may need to gather medical records and the accident reconstruction can take time. Which means my client, who is looking at prison time since it’s a felony, can use their time to start treatment and rehab now.

You or a loved one have been arrested in Forney and you are searching for “best criminal defense lawyer in Forney” or “lawyers near me” (we see that a lot in our analytics). It’s great that you found Guest and Gray Law Firm! We are Forney’s largest and highest rated criminal defense team. We also offer free consultations to go over your options.

What sets us apart? That’s a great question, and you should ask any defense lawyer you meet with what makes them the best for your case.

First off we have a team of defense lawyers to help you. I am Robert Guest, Chief of the Criminal Division. I’m a former Kaufman County prosecutor. We also have defense lawyers who have worked at the Rockwall, Dallas, and Collin County District Attorneys office.

Texans love guns. We love booze. We live in a state with crappy public transportation. The result? A lot of people with concealed handgun licenses (CHL) get arrested for DWI in Texas. And a lot of people who want to get a CHL have a DWI conviction on their record.

The answer is no, you can’t get a CHL after a DWI conviction, at least for a while.

A misdemeanor DWI conviction will disqualify you from getting a CHL for a period of 5 years. Don’t take my word for it. Here is a DPS statement on the subject

If charged with an offense and want to hire an attorney but can’t afford one you may qualify for a court appointed attorney.

In some situations, you may not be happy with the court appointed attorney. But, it is unlikely that the court will appoint someone else. Unless you want to hire your own attorney, you are pretty much stuck with whoever the court appoints.

What if the attorney isn’t telling me what I want to hear?

Good news in the world of DWI’s has emerged from the 85th Texas Legislature. If certain criteria are met, now, it may be possible to file a petition for non-disclosure on DWI convictions. Texas House Bill 3016, Government Code 411.0731, defines the procedure and criteria. Section 411.0716(a) explains that this new act will apply to DWI’s committed before, on, or after September 1, 2017.

Does my DWI conviction qualify?

This new section will only apply to a person who has successfully completed a term of community supervision. This means that your community supervision was not revoked, you successfully served any jail time given and you paid all court costs, fines, and any other restitution imposed as part of the conviction.

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