Legal  Information 

                                                  Drinking & Driving

Texas law says that a person is intoxicated if there blood alcohol content (BAC) is .08 or greater. 1 8oz can of beer will put the average person at .02 BAC. So driving after 4 cans of beer in 1 hour may put at risk of being arrested for DWI. You have RIGHTS: -You have the RIGHT to refuse the breathalyzer (breath test) -you have the RIGHT to refuse to do any field sobriety tests You have the RIGHT to refuse to answer any questions You have the RIGHT to ask that your lawyer be present

                                       Dont Drink And Drive It Cause Accidents !

Lawyer and say and do nothing until you talk to your lawyer. All the information an officer needs in on your drivers license and you insurance card. No one is ever let go after do the policeman’s “tests”. Once you have been arrested you have 15 days to ask for a hearing to prevent your driver’s license from being suspended. You need to call us today! 

                                    

The best approach when you are stopped for DWI is to ask for your 

DRUG CASES

The WAR ON DRUGS sweeps many people into the criminal justice system. Any amount of drugs will place your liberty at jeopardy. Drug offenses range from possession to delivery and punishment depends on the amount and kind of drugs alleged.
Controlled Substances
Delivery
<lg = SJF
1 - < 4 g = 2nd degree
4 - < 200 g = 1st degree
200 - < 400 g = 10-99 or life/Si00k
400g + = 15-99 or life/$250k

Possession

<lg = SJF
1 - < 4 g = 3rd degree
4 - 200 g = 2nd degree
200 - < 400 g = 1st degree
400 g + = 10-99 or life/$ 100k

Delivery of Marihuana
< 1/4 oz = Class B
< 1/4 oz (remuneration) = Class A

> 1/4 oz - 5 Ib = SJF
> 5 - 50 Ibs = 2nd degree
> 50 - 2,000 Ibs = 1st degree
> 2,000 + Ibs = 10-99 or life/$100k

> Possession of Marihuana
Less than 2 oz = Class B
> 2 - 4 oz = Class A
> 4 oz - 5 Ibs = SJF
> 5 - 50 Ibs = 3rd degree
> 50 - 2,000 Ibs = 2nd degree
> 2,000 + Ibs = 5-99 or life/$50k

> Delivery of LSD
(by abuse units)
< 20 = SJF
20-79 = 2nd degree 80-3,999 = 1st degree
> 4,000 = 15-99 or life/$250K

Possession of LSD
(by abuse units)
<20 = SJF 20-79 = 3rd degree 80-3,999 = 2nd degree 4,000-7,999 = 1st degree
> 8,000 = 15-99 or life/$250K 

 FAMILY VIOLENCE

Anytime the police are called to a family dispute someone may be arrested for family violence. Family violence cases can not be sealed. The local DA offices have special family violence division and all they do is prosecute these cases. You need a laywer that will fight for you and your rights. These are serious cases with serious consequences to your freedom and liberty.

RAPE

The crime of rape (or "first-degree sexual assault" in some states) generally refers to non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress. A lack of consent can include the victim's inability to say "no" to intercourse, due to the effects of drugs or alcohol. Rape can occur when the offender and victim have a pre-existing relationship (sometimes called "date rape"), or even when the offender is the victim's spouse.

Under a variation known as "statutory rape," some states make it unlawful for an adult to engage in sexual intercourse with a person who has not reached the age of consent (usually 18 years of age). Whether the punishment is jail time or probation you are labels a sex offender and will be equired to resister as one. These cases can not be sealed.
It is important to have a lawyer who will hold the State to their burden and fight for your rights.

SEALING RECORDS

If you successfully completed a DEFERRED AJUDICATION PROBATION then you are eligible to seal the record. I do this by filing a petition of non-disclosure with the court that gave you the Deferred. Sealing the record prevents the public from seeing that your were once placed on Deferred. If you are the parent of a college student, we can help protect your child's future after being released from Deferred adjudication probation while on campus. Record sealing will prevent many private agencies from discovering a prior deferred that could result in losing a job opportunity. Most misdemeanor offenses can be sealed immediately after completing Deferred adjudication probation. Felonies require a 5 year waiting period that stats the day you complete the deferred adjudication probation.

EXPUNCTIONS

An expunction is a lawsuit asking a District Court to enter an order that all law enforcement agencies with any records of a person's arrest, (or criminal charges) erase, delete or destroy those records. It is intended to remove all records in the hands of law enforcement agencies concerning criminal charges. (Note: an expunction cannot reach records in the hands of private businesses, only government records.) Law enforcement agencies maintain records and databases containing these records. These records are created upon an arrest or when charges are formally filed against a person. The agencies that usually keep these records include the police agency, the sheriff's department, the court and court clerk's office, the prosecuting agency, the Texas Department of Public Safety, and the Federal Bureau of Investigations. Many of these records are available to the general public, and with computers and the Internet, have become easily accessible.

PROBATION AND PAROLE REVOCATIONS

Some judges consider probation a sort of “contract” between themselves and the person on probation, and view any breach of that contract as an affront to the court. However, there are always two sides to a story, and you can be sure that the probation officer and prosecutor will only reveal the bad information to the judge. Many times when the Judge is made aware of extenuating circumstances, she may agree not to revoke. We have observed that many judges work very hard to find alternatives to sending violating probationers back to jail.

PAROLE ELIGIBILITY --No parole for capital felony, aggravated. sexual. assault of child w/enhancing facts, or continuous sexual abuse of child
-40 yr. minimum, without good conduct credit, for capital murder
-35 yr. minimum, without good conduct credit, for repeat sex offender
-50%, without good conduct credit, or max. 30 yrs. for offenses listed under CCP art. 42.12, §3g or any felony w/affirmative DW finding
-25%, including good conduct credit, for offenses not listed under CCP art. 42.12, §3g.

Some cases are not eligible for DEFERRED ADJUDICATION PROBATION

• intoxication offenses
• agg. sex. assault w/enhancing facts,
continuous sexual abuse of child,
• repeat sex offender
• indecency with a child,
• sexual assault,
• agg. sexual assault, if you ‘ve had a prior Deferred
• second conviction for drug offense w/drug-free zone finding
Note: No early termination of probation (deferred or straight) for registered sex offender if placed on probation

Texas law allows the State to enhance the punishment in cases where someone has been priory convicted of an offense.

                         Call Phone Number # (832)-298-4791 !

FELONY ENHANCEMENTS

1 prior non-SJF felony conviction
3rd degree 2nd degree
2nd degree 1st degree
1st degree 15-99 or life/Si Ok
2 prior sequential non-SJF felony convictions
1st, 2nd, or 3rd degree 25-99 or life
1 prior Class A or felony conviction Class A . 90 days - 1 yr and/or max. $4,000 fine
1 prior Class A, B, or felony conviction Class B .. 30-180 days and/or max. $2,000 fine
SJF ENHANCEMENTS

DW finding; prior felony with DW finding; CCP art. 42.12, §3g conviction; or PC §21.02 conviction
SJF 3rd degree
2 prior final SJF convictions
SJF 3rd degree
DW finding or prior 3g conviction or DW find¬ing and one prior felony conviction
SJF 2nd degree
2 prior final felony convictions (in sequence)
SJF 2nd degree

SEX OFFENDER ENHANCEMENTS

Repeat sex offender
1st or 2nd degree life
(See PC §12.42(c)(2) for list of eligible offenses; deferred
adjudication = conviction.) Repeat continuous sexual abuse of child
25-99 or life life (offense after 8/31/07)
Repeat agg. sexual assault w/enhancing facts
25-99 or life capital felony (offense after 8/31/07)

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                          LINKS ! to Legal Information

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                                        COURT  WEBSITES

www.brazoria.tx.us                                       Brazoria County

ww.co.montgomery.tx.us                            Montgomery County

www.co.galveston.tx.us                              Galveston County

www.co.fort-bend.tx.us-county.com         Fort Bend County

www.ccl.hctx.net                                                       Harris County County Corts

http://www.justex.net/Courts/Criminal/CriminalCourts.aspx Harris County District Corts

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                                            Bar Associations

www.texasbar.com

www.niaba.org

www.abanet.org

www.houstonitaliancenter.com

www.justinianhouston.blogspot.com