Texas Laws

January 23, 2020

What is a Stacked Sentence in Texas?

What is a stacked sentence?

Good question. A stacked sentence is one in which two sentences are to be served consecutively or one after another. So if Bob has two cases for possession, and gets 5 years TDC in each case, then a stacked sentence would require him to serve these sentences back to back.

Contrast that with a concurrent sentence, which lawyers call “CC”. If Bob has two charges for possession and gets the same 5 years in each case, then both sentences run at the same time. So Bob does one 5 year sentence.

January 5, 2020

Texas Turn Signal Law- What color? How far do you have to signal?

by Robert Guest

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.

October 2, 2019

DWI License Suspension- Can I get an Occupational License or Work Permit?

by Robert Guest

If my license is suspended for DWI, can I still drive to work?

If you are facing a charge for DWI and your license is suspended, you may be eligible for what is known as an Occupational Driver’s License or ODL for short. This type of license allows a person to drive a non-commercial vehicle if their license is suspended, revoked, or denied because of DWI.

Eligibility.

September 19, 2019

How can the State enhance my case? Or increase the sentence?

by Robert Guest

One of the first questions we ask our criminal consults is: Have you ever been arrested before? We do this not to embarrass you or make you feel bad, but to make sure we know what could possibly happen with your case. There is a chance that, based on your prior record, your state jail felony could be bumped up from anywhere to a 3rd-degree felony to a 1st-degree felony. We call this a punishment enhancement.

When we ask about your record, it includes needing to know ANY PLACE you’ve been arrested. Including other state and other counties. It also includes ANY TIME you’ve been arrested, no matter how long ago it was. When a prosecutor receives your case, the first thing they do is have an investigator run your background. These are FBI like background checks that can find EVERYTHING. Therefore, the best advice is to be upfront immediately so we can know how to prepare for your case.

How can they do this?

August 8, 2019

Driving While License Invalid in Texas

by Robert Guest

So your license to drive is suspended but you are still driving? That happens a lot in Texas. We’ve designed our State in a way that driving is required to function. You can’t walk to work in most areas, and public transportation is not something Texas has invested in. So people have to drive and sometimes will continue to do so after their license is suspended.

What’s the offense for driving with license invalid in Texas? That’s Texas Transportation Code Section 521.457(a)(2). It is illegal in Texas to operate a motor vehicle; on a highway; during a period that the person’s driver’s license or privilege was suspended or revoked under any Texas law.

How bad is it to commit DWLI? What’s the range of punishment?

April 22, 2019

Self Defense Jury Charge in Family Violence Cases

by Robert Guest

Assault Family Violence is one the worst misdemeanor charges a defendant in Texas can face (the other being DWI). Worst as in the collateral consequences of a conviction, or even a plea for deferred adjudication, can be life-changing. As a result of the serious nature of these charges, many family violence cases end up set for trial. At its core, a family violence case is still an assault, and there many defenses to an assault charge, including self-defense. If you are looking at a jury trial for an assault, one thing your lawyer must prepare for is the jury charge. That is, what the jury will be instructed to do once evidence is considered. If you are trial strategy is based on self-defense, then you want the jury to be able to consider that defense in the jury charge.

What’s the law on self-defense in family violence cases?

It’s the same as self-defense for any other type of assault.

February 25, 2019

Intoxication Manslaughter in Texas- Penal Code 49.08

by Robert Guest

Intoxication Manslaughter is basically a regular DWI with an additional element, that the defendant’s intoxication caused the death of another. It’s a 2nd-degree felony, which means a possible 2-20 year TDC sentence and a fine of up to $10,000.

Let’s look at Texas Penal Code 49.08-

Sec. 49.08. INTOXICATION MANSLAUGHTER. (a) A person commits an offense if the person:

February 19, 2019

Am I Free To Leave? Consensual Encounters with Police

by Robert Guest

You are standing on a sidewalk outside your apartment complex while smoking a cigarette, a police officer approaches and asks what you are doing, and if you know anything about a crime that occurred earlier that day. Do you have to speak with the police? Can you leave?

The police don’t have to arrest you to speak with you. And if you aren’t in custody, or subject to custodial interrogation, the police don’t have to read you your rights (Miranda warnings). Many clients ask if the police can “just start asking questions” and tell me “they never read me my rights.” In the case of consensual encounters, the police can just ask you questions, without reading you your rights.

What is a consensual encounter?

January 4, 2019

Can I get a CHL with a DWI conviction?

by Robert Guest

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

June 26, 2017

New House Bill 3016 – Non disclosure of DWI’s

by Robert Guest

Good news in the world of DWI’s has emerged from the 85^th 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.