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Austin Criminal Defense Blog
Tag Archive for criminal defense attorney
When the police suspect an individual has been driving under the influence, they will ask him/her to perform a series of standard tests, also named field sobriety tests. Field sobriety tests help law enforcement determine a driver’s level of intoxication by challenging his or her physical and mental coordination and capacity to follow instructions. They are also used to establish a probable cause for arrest.
If you are pulled over for suspected DWI, be polite to the officer. On the other hand , do not respond to any questions about what you have had to drink or when.
Politely refuse to undergo field sobriety testing, as this is not mandatory and you cannot be penalized for a refusal of this kind.
The three standardized field sobriety tests used by Austin police officers are:
The Horizontal Gaze Nystagmus (HGN): HGN refers to the involuntary jerking of the eyeball. When an individual is intoxicated, it is believed that his/her eyes are more likely to twitch. Through the HGN test, the police officer will hold an object in front of the driver and ask him/her to follow the object with his or her eyes. If the driver cannot follow the object, or if his/her eyes start twitching, then it is taken as a sign of intoxication. (Even so, it is very important to note that Nystagmus is medical and physiological condition that’s common in a large amount of individuals, even though they are sober)
The One-Leg Test: the driver stands on one foot and raises the other leg six inches off the ground when counting out loud. The driver is expected to stand on one foot without raising his/her arms, losing balance, wobbling, hopping around, or putting the lifted leg down.
The Walk and Turn Test: the driver takes nine steps in a straight line touching heel to toe, stops, and then repeats the action in the other direction
In addition to these DWI tests, law enforcement officers may possibly require drivers to perform additional tests, including:
- Finger to nose test
- Reciting the alphabet
- Counting backwards
- Balancing tests
If you did perform a field sobriety test and were arrested, it is important to get in touch with the Most Effective Austin Lawyer as soon as possible. Most law enforcement officers have already decided to arrest you at this point, and are at this point simply looking for more evidence to use against you in court. Many attorneys believe field sobriety tests are inaccurate, subjective, and designed for failure. There are many factors that can cause folks to appear intoxicated, most notably nervousness, age, lack of natural coordination, lack of proper instruction, weather, fatigue, illness, physical problems, disabilities, injuries, car headlights, weight, footwear, intimidation, and traffic distractions.
Other important advice:
After your criminal arrest, you have the right to remain silent. You do not need to answer questions or submit to formal questioning about the case. Although you should cooperate and be polite, you do not need to respond to questions about how much you have had to drink and when. Exercise this right, and you will have a much better potential for avoiding a conviction.
You also have the right to legal counsel. This is a constitutional right that should be observed in order to provide defendants in criminal cases the opportunity to establish their innocence. By consulting a Austin DWI criminal defense lawyer as soon as possible subsequent to a DWI arrest, you will provide him or her a better chance of making a positive impact on your case.
If you are arrested, be sure that you speak to the Texas DPS as soon as possible. You have only Fifteen calendar days to schedule an ALR (Administrative License Revocation) hearing regarding your license suspension. Failing to schedule this hearing will lead to the automatic suspension of your license.
Most importantly, contact the Recommended Austin Criminal Defense Lawyer as soon as you can. Having a competent lawyer at your side as early in the process as possible will mean that your rights will probably be safeguarded and you will have the very best opportunity of avoiding license suspension and a conviction.
Austin DWI Defense: The Most Dedicated Austin DWI Attorney
If you have been arrested and charged for DWI, and you performed one or more field sobriety test, it is vital to hire an expert Austin DWI lawyer to investigate your case and represent you in the courtroom. The Top Austin DWI Attorney will use their expertise to fight the charges brought against their clients and protect their rights. They will question the arresting officer’s ability to properly conduct a field sobriety test, and make sure the police officer did not violate their clients’ rights in the course of the arrest. Furthermore, they will be dedicated to providing each client with personalized attention, viable alternatives, and aggressive DWI defense. They will not stop working until they acquire a favorable result, and see that justice has been served.
Charles Johnson |
One comment
| Tags: austin police officers, conviction, coordination, Criminal, criminal defense attorney, enforcement, field sobriety tests, foot, gaze nystagmus, hgn test, individual, Lawyer, level of intoxication, mental coordination, nine steps, Nystagmus, object, physiological condition, standardized field sobriety tests, test 
 Hire the Best Austin Criminal Lawyer!
There are a few important things you should realize in the event you are facing DWI criminal charges in or around Austin, Texas. The Most Effective Austin Attorney will undoubtedly be happy to answer your questions about DWI and give you important case tips when you get in touch with them for a no cost initial case evaluation.
Case Tips Regarding your Austin DWI
- If you are stopped for suspected DWI, be polite to the police officer. Having said that, do not answer inquiries about what you’ve had to drink or when.
- Politely refuse to submit to field sobriety testing, as this is not mandatory and you cannot be penalized for a refusal of this kind.
- If you are arrested, always be certain that you contact the Texas DPS as soon as possible. You have only Fifteen calendar days to schedule an ALR (Administrative License Revocation) hearing regarding your license suspension. A failure to schedule this hearing will result in the automatic suspension of your license.
- After your criminal arrest, you have the right to remain silent. You do not need to answer questions or submit to formal questioning concerning the case. While you should cooperate and be polite, you do not have to answer questions regarding just how much you’ve had to drink and when. Exercise this right, and you’ll have a much better potential for avoiding a conviction.
- You also have the right to an attorney. This is certainly a constitutional right that must be observed in order to give defendants in criminal cases the chance to prove their innocence. By consulting a Houston DWI attorney as soon as possible subsequent to a DWI charge, you will provide your attorney a better chance of making a positive effect on your case.
- Most importantly, speak to the Most Qualified Austin Attorney as soon as you can. Having a skilled lawyer at your side as early in the process as possible means that your rights will be protected and you will have the maximum opportunity of avoiding license suspension and a conviction.
Hire the Most Respected Austin Criminal Lawyer!
The Most Effective Austin Attorney can certainly defend your rights both during your ALR hearing and also throughout the entire criminal court process.
The Recommended Austin DWI Lawyer has represented many clients who were facing DWI convictions and harsh legal penalties. With their guidance, clients have been able to fight their driving while intoxicated charges and obtain winning outcomes in the courtroom and at their Texas DPS ALR hearings. The Finest Austin Criminal Defense Attorney is an aggressive, qualified litigator who is prepared to help you.
Charles Johnson |
No comments
| Tags: administrative license, austin attorney, automatic suspension, chance, Criminal, criminal defense attorney, criminal lawyer, Defense, DPS, dwi conviction, evaluation, event, field sobriety, Hire, houston dwi attorney, initial case, Lawyer, officer, police, texas dps
Hire the Top Austin Criminal Defense Lawyer!
Drug crimes are covered by both federal and state laws in Texas. Federal offenses are regulated by The Comprehensive Drug Abuse Prevention and Control Act of 1970, known as the Controlled Substances Act.
The Controlled Substances Act covers nearly all the drug offenses in Texas and is codified within the Texas Health and Safety Code, Chapters 481 through 486. Since Texas is an international border state, drug traffic offenses are a major concern. The state of Texas also has several state drug laws which might not be applicable in other states.
What are the penalties for a drug conviction in Texas?
Drug offenses are amongst probably the most serious charges in criminal law. They carry with them severe penalties and can have other consequences in areas of one’s life like family life and employment. The legal penalties for drug crimes will depend on the nature of the drug offense, and will generally consist of a fine and/or a lengthy prison sentence. If you’re charged having a drug related crime, you’ll need to contact the Best Austin Drug Crimes Attorney at the Charles Johnson Law Firm as soon as feasible. The penalties for committing a drug crime can be fairly severe, such as actual prison time, sometimes for numerous years in larger high profile drug instances. A conviction for a drug-related offense could not only damage your personal and professional reputation, but could result in actual termination from employment or the suspension or revocation of your professional licenses. It is not whether or not you will acquire a lawyer, rather, it is who you’ll get to represent you at your most vulnerable time.
What types of factors are regarded as in sentences for drug crimes?
In determining the sentence for a drug crime, a Texas court will take into account the following elements:
- The type of drug: The Controlled Substances Act classifies drugs into five “Penalty Groups”, with Group 1 being the most severe. For instance, cocaine is classified as Penalty Group 1, whereas prescription drugs are Group 3.
- The amount of drugs in possession: Prison sentences or fines will increase according to the amount of drug possessed. Greater amounts of the same drug will result in greater sentences.
- The purpose for which the drug is used: Simple possession is usually considered much less severe than other crimes, such as possession with intent to distribute, or manufacturing and delivering drugs
- Location of the violation: Drug offenses are regarded as more severe if they take place in particular areas, for example near a school or day care center
Another essential factor that a court will think about is whether the drug offense was combined with an additional offense. Many drug offenses are related to other crimes like conspiracy, theft, or assault. If the drug offense is related to another felony, especially a violent crime, the penalties will probably be more severe.
Do I require a lawyer for a drug offense?
Drug offenses are serious and can result in felony charges. Consequently, the services of the top Austin Criminal Defense Attorney Charles Johnson may be crucial when dealing with drug charges. This is particularly accurate if the defendant is involved in numerous or repeat offenses. An experienced lawyer can assist explain the various requirements under Texas drug laws. In the event you or a family members member is charged having a crime in the Austin region, contact us for a free consultation with a effective criminal defense lawyer. We are able to provide compassionate legal counsel, accessibility and personal attention, years of encounter, and aggressive protection of your rights.
Charles Johnson |
2 comments
| Tags: Beat, Comprehensive, comprehensive drug abuse prevention, controlled substances act, conviction, court, criminal defense attorney, criminal defense lawyer, drug abuse prevention, drug conviction, drug crimes, employment, Group, Hire, lengthy prison sentence, professional reputation, sentence, state, Substances, texas health and safety code
Drug crimes are covered by both federal and state laws in Texas. Federal offenses are regulated by The Comprehensive Drug Abuse Prevention and Control Act of 1970, known as the Controlled Substances Act.
The Controlled Substances Act covers nearly all of the drug offenses in Texas and is codified in the Texas Health and Safety Code, Chapters 481 through 486. Since Texas is an international border state, drug traffic offenses are a major concern. The state of Texas also has several state drug laws which may not be applicable in other states.
What are the penalties for a drug conviction in Texas?
Drug offenses are among the most serious charges in criminal law. They carry with them severe penalties and can have other consequences in areas of one’s life such as family life and employment. The legal penalties for drug crimes will depend on the nature of the drug offense, and will usually include a fine and/or a lengthy prison sentence.
If you are charged with a drug related crime, you need to contact Austin Criminal Defense Attorney Charles Johnson as soon as possible. The penalties for committing a drug crime can be quite severe, including actual prison time, sometimes for many years in larger high profile drug cases. A conviction for a drug-related offense could not only damage your personal and professional reputation, but could result in actual termination from employment or the suspension or revocation of your professional licenses. It’s not whether you will acquire a lawyer, rather, it’s who you will get to represent you at your most vulnerable time.
What types of factors are considered in sentences for drug crimes?
In determining the sentence for a drug crime, a Texas court will consider the following factors:
- The type of drug: The Controlled Substances Act classifies drugs into 5 “Penalty Groups”, with Group 1 being the most serious. For example, cocaine is classified as Penalty Group 1, whereas prescription drugs are Group 3.
- The amount of drugs in possession: Prison sentences or fines will increase according to the amount of drug possessed. Greater amounts of the same drug will result in higher sentences.
- The purpose for which the drug is used: Simple possession is usually considered less severe than other crimes, such as possession with intent to distribute, or manufacturing and delivering drugs
- Location of the violation: Drug offenses are considered more severe if they take place in certain areas, such as near a school or day care center
- Another important factor that a court will consider is whether the drug offense was combined with another offense. Many drug offenses are related to other crimes such as conspiracy, theft, or assault. If the drug offense is related to another felony, especially a violent crime, the penalties will be more severe.
Do I need a lawyer for a drug offense?
Drug offenses are serious and can lead to felony charges. Therefore, the services of a competent criminal attorney can be crucial when dealing with drug charges. This is especially true if the defendant is involved in multiple or repeat offenses. An experienced lawyer can help explain the various requirements under Texas drug laws.
If you or a family member is charged with a crime in the Austin area, contact Attorney Johnson for a free consultation with a successful criminal defense lawyer. My practice is limited to criminal law. I can offer compassionate legal counsel, accessibility and personal attention, years of experience, and aggressive protection of your rights.
If you are charged with possession of drugs, either for personal use or with intent to sell, Austin Criminal Defense Attorney Charles Johnson can determine which defenses might apply to your case should you plead not guilty. Different states approach the problem of illicit drugs in different ways, while the federal government tends to have the toughest drug sentencing guidelines. But drug possession defenses are fairly universal across state lines. Some defenses challenge the stated facts, testimony or evidence in the case, while others target procedural errors, often search and seizure violations.
Here are some defenses to drug possession charges, some more common than others:
Unlawful Search and Seizure
The Fourth Amendment to the U.S. Constitution guarantees the right to due process of law, including lawful search and seizure procedures prior to an arrest. Search and seizure issues are quite common in drug possession cases. Illicit drugs found in “plain view,” such as a car’s dashboard after a legal traffic stop, may be seized and used as evidence. But drugs found in the trunk of a car after prying it open with a crowbar, assuming the suspect did not give permission, cannot be entered into evidence. If the defendant’s Fourth Amendment rights were violated, then the drugs cannot be used at trial and the charges typically are dismissed.
Drugs Belong to Someone Else
A common defense to any crime charge is to simply say you didn’t do it. The drug possession equivalent is to claim the drugs aren’t yours or that you had no idea they were in your apartment, for example. Austin Criminal Lawyer Charles Johnson will pressure prosecutors to prove that the joint found in the car actually belonged to his or her client and not one of the other three passengers.
Crime Lab Analysis
Just because it looks like cocaine or LSD doesn’t mean it necessarily is. The prosecution must prove that a seized substance is indeed the illicit drug it claims it is by sending the evidence to a crime lab for analysis. The crime lab analyst then must testify at trial in order for the prosecution to make its case.
Missing Drugs
Austin Drug Crimes Lawyer Charles Johnson will make sure prosecutors are able to produce the actual drugs for which their client is being charged. Similar to the need for crime lab analysis, prosecutors who lose or otherwise lack the actual drugs risk having their case dismissed. Seized drugs often get transferred several times before ending up in the evidence locker, so it should never be assumed that the evidence still exists during trial.
Drugs were Planted
This may be difficult to prove, since a police officer’s sworn testimony carries a lot of weight in the courtroom. Furthermore, other officers may be reluctant to blow the whistle on a fellow officer. But Attorney Johnson can file a motion that, if approved by the judge, requires the department to release the complaint file of the given officer. This file contains the names and contact of information of those who made the complaints, who can then be interviewed by Attorney Johnson or his private investigator.
Entrapment
While law enforcement officials are free to set up sting operations, entrapment occurs when officers or informants induce a suspect to commit a crime he or she otherwise may not have committed. If an informant pressures a suspect into passing drugs to a third party, for example, then this may be considered entrapment. As a rule of thumb, entrapment occurs where the state provides the drugs in question.
Do I Need a Lawyer?
If you are charged with any of these or another drug related crime you need to contact Austin Criminal Defense Lawyer Charles Johnson as soon as possible. The penalties for committing a drug crime can be quite severe, including actual prison time, sometimes for many years in larger high profile drug cases. A conviction for a drug-related offense could not only damage your personal and professional reputation, but could result in actual termination from employment or the suspension or revocation of your professional licenses. It’s not whether you will acquire a lawyer, rather, it’s who you will get to represent you at your most vulnerable time.
Charles Johnson |
2 comments
| Tags: Amendment, analysis, car, client, Crimes, Criminal, criminal defense attorney, drug crimes, drug possession, due process of law, evidence, fourth amendment rights, illicit drugs, possession of drugs, search and seizure, seizure issues, state, testimony, u s constitution, use
If there is reason to believe that you have been charged with a crime, you may wish to have an attorney contact the police or prosecutor to find out if a warrant has been issued for your arrest. Many people who have been charged with criminal offenses do not find out about the charges until they are stopped for traffic violations. The police, while checking their identification, find “outstanding warrants” for the person. Sometimes, the warrants have a “limited pick-up radius,” or the police officer does not believe that an immediate arrest is necessary, and the officer will simply inform the driver that a warrant has been filed and that the driver should report to the police agency that requested the warrant. At other times, the officer will make an immediate arrest, and will take the person into custody.If you or someone in your family may have a warrant issued for their arrest, you probably aren’t sure where to turn or what to do next. You can do several things right away to gain information and control. A positive first step is to contact the Charles Johnson Law Firm. Austin Criminal Defense Attorney Charles Johnson will guide you through the complicated maze of the justice system. We can be reached 24 hours a day, 7 days a week. Call us today.
Charles Johnson |
One comment
| Tags: aren, contact, crime, Criminal, criminal defense attorney, criminal offenses, justice, justice system, maze, outstanding warrants, person, police agency, police officer, prosecutor, reason, traffic violations, warrant
A defendant charged with a misdemeanor has fewer legal rights than a defendant charged with a felony. If the defendant will not face imprisonment as a result of conviction, he has no right to an attorney. There is no right to indictment by grand jury, or to a “preliminary examination” to review the basis of the charges filed. In some states, misdemeanor charges are tried before six person juries, whereas felonies are ordinarily tried before twelve person juries. Most other rights are the same, for both felonies and misdemeanors.At the Charles Johnson Law Firm, we provide a free consultation to anyone charged with a crime. You should take advantage of that free consultation immediately. Having an attorney is so important to successfully getting through the criminal process. Get a free initial consultation by calling Austin Criminal Defense Attorney Johnson now, 24 hours/day, 365 days/year.
Charles Johnson |
No comments
| Tags: basis, consultation, conviction, Criminal, criminal defense attorney, defendant, Defense, examination, felonies and misdemeanors, felony charges, free consultation, free initial consultation, indictment, juries, misdemeanor charges, person, preliminary examination, result, right to an attorney, year
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