criminal defense lawyer

A criminal defense lawyer is a lawyer specializing in the defense of individuals and companies charged with criminal conduct.

In the United States, criminal defense lawyers deal with the issues surrounding the apprehension, searches of client or property, and arrest of his or her client (Fourth Amendment), as well as any statements the client may have made (Fifth Amendment). Criminal defense lawyers also deal with the substantive issues of the crimes with which his or her clients are charged. In the United States criminal defendants are entitled to the presumption of innocence until prosecutors prove each essential element of a crime beyond a reasonable doubt. Serious crimes (e.g. felonies) in the United States are tried to juries of twelve people and the jury must be unanimous in its verdict to either convict or acquit the defendant. A split in the jury is often called a "hung jury" and may result in a retrial of the defendant. Criminal defense lawyers actively pursue their client's cause through all stages of a criminal prosecution.

Criminal defense lawyers in the United States who are employed by governmental entities such as counties, states, and the federal government are often referred to as public defenders. These are often fresh law school graduates seeking to gain quick courtroom experience, but there are many older, extremely well experienced lawyers who have made public defending a lifetime vocation. There are also private defense lawyers who are retained by individual clients on a case by case basis.

Criminal defense work can be intimidating to some lawyers as the specter of a client going to jail for long periods of time or even being subjected to capital punishment looms over some defendants.

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Texas House Speaker Releases Interim Charges Affecting Land and Real Estate

This week Texas House Speaker Joe Straus released the 81st Legislature's Interim Committee Charges pertaining to Texas House of Representatives Committees. The charges are varied, and few are unexpected. Interim charges represent the "task assignments" delegated by the Speaker to various House committees which are to be completed during the period between Legislative Sessions.

Of particular importance to real estate interests and real estate attorneys in Texas are the Charges made to the House Committee on Land and Resource Management. That Committee is chaired by Rep. Dennis Bonnen.

The folllowing assignments are contained within Speaker Straus' charges:

1. Evaluate the appropriateness of creating pedestrian-only areas on the public
beaches of the state.
2. Examine unresolved issues relating to eminent domain legislation introduced
during the 81st Legislative Session. Monitor any pending litigation.
3. Examine the granting of easements on state-owned lands, including lands
managed by institutions of higher education and the General Land Office.
4. Study the causes of coastal erosion along the Texas coast. Evaluate current and
alternate funding sources. Review federal programs and their relationship to the
state program.
5. Monitor the agencies and programs under the committee's jurisdiction.

Finding an Experienced DWI Lawyer in Austin

When selecting legal representation, realize that the experience of your Austin DWI Attorney in Texas is very important. The way your DWI defense case is handled will have an influence on the outcome and thus your future. Having Texas Board Certified Criminal Law Specialists* on your side can mean the difference between obtaining a good result and a bad result. At the Dunham Law Firm, many of our criminal defense attorneys have previously been Assistant District Attorneys, spending years perfecting their courtroom skills.

* Driver's Legal Rights
* Pulled Over for DWI?
* Arrested for DWI?
* Blood Search Warrants
* BWI - Boating While Intoxicated
* Standardized Field Sobriety Tests (SFSTs)
* The Breath Test/Intoxilyzer 5000
* 10 Common Mistakes by the DWI Cops
* The DWI Fight
* THE PROCESS
* DWI Attorney Warning
* DWI Resources
* Blood Alchohol Level (BAC) Calculator
* Unusual DWI Videos
* Cops Gone Bad
* Community
* FAQ
* DWI News
* Prosecutor Tricks

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Changes in DWI Law in Texas:

Two new laws go into force that deal with DWIs in Texas. Section 724.017 of the Transportation Code is now expended to allow more situations where police can do a forced blood draw without a warrant. Mandatory warrantless blood draws are now allowed if a person is arrested for DWI, or BWI, the person refuses to submit to the taking of a specimen volutarily, and: 1) an individual other than the person arrested has suffered bodily injury and was transported to a hospital or other medical facility for medical treatment; 2) the person is arrested for DWI with a child passenger under 15; 3) the officer has reliable information that the person has been previously convicted of DWI two or more times; or 4) the officer has reliable information that the person has been previously convicted of DWI with a child passenger under 15, intoxication assault, or intoxication manslaughter.

The Legislature also tried to give some assurance to the health care providers that actually draw the blood persuant to a blood warrant, or mandatory blood draw. Section 724.017 of the Transportation code was amended to provide protection to those who take blood specimens according to "recognized medical procedures." However, this change in the law DOES NOT relieve a person from lability for negligence in the taking of a blood specimen. And there lies the danger to anyone that takes blood under these intrusive warrant/warrantless blood draws.

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Criminal Defense Attorney - Austin Texas (DWI) Drunk Driving Trial Defense Attorney

When you have been investigated or arrested for any criminal offense such as Driving While Intoxicated (DWI), or any Felony Charge, you have an absolute right to be concerned. Facing criminal charges may be one of the most frightening things you have encountered. Some of the possible consequences that can result from a Driving While Intoxicated (DWI) conviction include the restriction or loss of a driver’s license, an increase in insurance costs, fines, court costs, a Driver’s License Surcharge of between $3,000.00 and $6,000.00, and even the possibility of jail. As you can see, Driving While Intoxicated (DWI) can be a very serious charge.

The law says that the County Attorney needs only to prove that after drinking you were not able to drive your car in a “normal” capacity. That sounds pretty cut and dried, but it is not quite as simple as that.

You see, if challenged, the County Attorney must also show all of the following:
DWI Criminal Defense Attorney - Immediate Jail Release That the arresting officer made the arrest properly,
DWI Criminal Defense Attorney - Immediate Jail Release That you were properly advised of your rights,
DWI Criminal Defense Attorney - Immediate Jail Release That the equipment the officer used to test you was working accurately,
and
DWI Criminal Defense Attorney - Immediate Jail Release Even that the person operating the equipment was certified to operate
the equipment.

Further, the officer that administers the “standard field sobriety tests” should have successfully completed the National Highway Traffic Safety Administration Standardized Field Sobriety Testing student class before administering these tests. I have successfully completed training for the National Highway Traffic Safety Administration Standardized Field Sobriety Testing. What does that mean to you? It means that in addition to grading you on your performance of the tests, I will also grade the officer to ensure that he or she conducted the tests properly. If the tests were not conducted properly, this can be disclosed to the County Attorney or the jury to show that the tests results were unreliable and should not be believed.

When you retain me I’ll insist that the County Attorney provide us with the names and address of anyone he plans to call as a witness as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions of them.

I’ll insist that the County Attorney provide us with any information or material he has which could show that you are not guilty of the charges against you, or which may help you get a lighter sentence.

I’ll insist on receiving copies of any videos that show your sobriety tests, whether in the field or at the station.

I’ll insist on receiving copies of records showing that the equipment used for tests was functioning properly and that the person giving the tests was properly certified.

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Possession of Marijuana

Some people think marijuana charges are not that serious or silly. After all, you only got a ticket, right? A ticket means it’s not serious, doesn’t it? You’ve been tricked. Texas law allows those “arrested” for having marijuana to be given tickets if the police departments chooses to. But, being charged with possession of marijuana–even in a ticket–is still serious.

Most people who are arrested or ticketed for marijuana have a small amount, just for their own use, which should be charged as a Class B or A Misdemeanor. The important thing to remember is you can be punished for up to one year in jail for a Class A Misdemeanor.

Many of our younger clients are charged with Possession of Marijuana (POM), and it is for these clients that the consequences can be the greatest. Drug charges have a way of following you for far longer than people expect them to. So, whether you are established in a career and looking to protect your hard work or you are just beginning your journey in life, it is important to take these charges seriously.

Our office is experienced at dealing with these cases–as well as those unexpected consequences that can come up from marijuana or other drug cases. Depending on the amount of marijuana you are charged with having and the disposition of the case, POM cases can affect everything from federal financial aid, to your immigration status, to the jobs you can hold now or in the future.

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Assault

Assault occurs when someone perceives a threat of imminent personal danger. What many people are surprised to find out is that it is not necessary for the alleged victim to have sustained physical harm. Merely the threat of such harm is enough to constitute assault under the law.

“Simple assault” ranges from class C to class A offenses and has a variety of colors and flavors. The biggest concern for most people is that assault at any level of offense if often considered a crime of moral turpitude, which is way of saying it reflect something about your character. Many employers examine assault charges very carefully and some choose not to hirer people with assault on their records believing they may be violent.

Additionally, these charges can easily escalate to a felony depending on who the alleged victim is or how the assault occurred. Only a knowledgeable attorney can help you understand the complexities of this law.It is essential to speak with a knowledgeable criminal defense lawyer in order to fully understand your rights and responsibilities in this matter.

There are many ways an experienced lawyer can help you when you are facing a Assault charge:

· Get the charges dismissed

· Obtain a not-guilty verdict

· Dismiss the Assault and plead to a lesser offense

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