When a person is arrested, a public record is made of that arrest. If the person is later charged with an offense, that record is also public, as is the status of that case and whether it is pending, probated or dismissed. Because the legislature … [Read more...]
Sealing Criminal History Information from the General Public
NONDISCLOSURE - Determining Eligibility Flow Chart: For Offenses Occurring Before 09-01-2015: 1. GENERAL ELIGIBILITY: Was person placed on deferred community supervision (probation) and completed probation and case dismissed and discharged from … [Read more...]
DWI in Texas: What does it really mean?
It sounds simple enough: driving while intoxicated. A common thought is that it means what it says: driving while intoxicated. But how does Texas law really define this offense? First, driving doesn’t really mean driving. Rather, Texas law … [Read more...]
Public Intoxication
Texas Penal Code Sec. 49.02. PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. (a-1) For the purposes of this section, … [Read more...]
Stopped for DWI?
Do I Have to Take A Field Sobriety Test? Did you know that law enforcement cannot force you to submit to field sobriety tests. Police officers are trained to put you through three standard field sobriety tests if they believe you may be driving … [Read more...]
CONFESSIONS Article 38.22 Code of Criminal Procedure and 51.095 Family Code-
A statement of a person accused of a crime may be used against him if it appears the statement was freely and voluntarily made without compulsion or persuasion. Often a person accused of a crime will make a statement concerning the facts of the … [Read more...]
The Process of a Sexual Assault of a Child Case
Sexual assault is one of the worst crimes a person can be charged with. Even the mere accusation of sexual assault is enough to derail a person's life and alter it forever. It can interfere with employment, divorce and child custody matters, and … [Read more...]
Clearing Your Record
Anytime a person is arrested and booked into jail, a record is created. This record quickly proliferates to many databases and is easily accessible to the public. Many counties in the DFW and Houston areas have booking photos of each person arrested … [Read more...]
Open carry law as of January 1, 2016
The open carry law, which lets licensed Texans openly carry their holstered handguns, took effect January 1, 2016. Who can openly carry guns? Those eligible for a license to carry, which is needed to legally tote holstered handguns openly or … [Read more...]
The Great Texas Warrant Roundup
Have you heard about The Great Texas Warrant Roundup? For the last several years, the state of Texas has sponsored the Roundup, with more than 300 jurisdictions taking part in the Roundup as of 2015. The 2016 Roundup is just around the corner! … [Read more...]
INTOXICATED MANSLAUGHTER ( Section 49.08 Penal Code )
A person commits an offense if the person operates a motor vehicle in a public place and is intoxicated and because of the intoxication causes death of another by accident or mistake. This offense has a possible punishment of up to 20 years in prison … [Read more...]
PUBLIC INTOXICATION
Section 49.02 of the Texas Penal Code- A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger himself or another. EXAMPLE Joe Public and some of his friends Ron, Doug, … [Read more...]
