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DWI Defense

Penalties for DWI (driving while intoxicated) and DUI (driving under the influence) can be severe. In the state of Texas, you can receive a DWI if you drive with blood alcohol concentration (BAC) higher than 0.08%, despite whether or not your ability to drive is impaired. Penalties can be serious; however, a defense attorney may be able to persuade the prosecuting attorney to drop or reduce the charges, prevent the suspension of your driver’s license, or possibly help you to receive an acquittal after a trial. Consider the following case. Michael is a seventeen-year old athlete who attends high school in one of the smaller schools outside of Houston, TX. He is so excited about this school year because: 1). [...]

Help! I’ve Been Accused of Assault!

You decided to go to the sports bar.  Usually, you do not drink, but you ordered a beer to avoid appearing awkward.  You sat at the bar and watched the game from the television posted in the left-hand corner.  Your favorite player scored a basket, and you reacted by cheering and tossing your hands in the air, forgetting that you were holding a glass full of beer in your right hand.  Some of the beer spilled onto the bald, 6’6’’, 340 pound, muscular guy sitting beside you.  He becomes irate and claims that you intentionally spilled the beer on him.  Later that evening, you see a beautiful young lady sitting at a table in the bar with some of her [...]

Why Would a Defense Attorney Defend Someone Accused of a Sexual Crime?

“You raped her because her clothes provoked you.  I should break your face because your stupidity provokes me.” -Anonymous   Society believes that sexual predators are scums of the earth.  They are angry monsters who want to feel powerful and attempt to accomplish this goal by preying on individuals that are unable to defend themselves, such individuals as children and women.   Society deems these persons as creatures that do not deserve to show their faces or live anywhere near decent human beings.  Instead, some members of society believe that these demons should be returned to the pits of hell, left to suffer and endure the same type of pain that they bestowed upon their victims.  But wait one moment.  Don’t [...]

5 Things TV gets Wrong about Defense Attorneys

A vast number of people, in the world, love watching crime thriller dramas/movies and legal shows for various reasons. They are exciting, thrilling, somewhat educate us about the functioning of the criminal justice system, attract and hold the attention and interest of the audience and portray criminal defense lawyers as cool dudes in black coats who earn huge sums of money in return for proving people innocent in the court. We all love TV lawyers because they are inspiring, captivating, entertaining, outrageous and handsome, and for these reasons among others, we cannot stop watching crime movies and legal shows. While law is a challenging and exciting profession, criminal defense lawyers, in reality, are not quite as they are depicted in [...]

A World Without Defense Attorneys

“A lawyer, with his briefcase, can steal more than a hundred men with guns.” “Lawyers and painters can soon change white to black.” “Good lawyers know the law; great lawyers know the judge.” These are some of the sarcastic comments that we often hear about lawyers, particularly defense lawyers. Defense attorneys top the list among professionals who have been stereotyped as liars, deceivers and fabricators. You might find yourself having similar thoughts. Even if you are one of the few who do not give in to these beliefs, chances are that you at least know someone who thinks that defense lawyers are evil people who don’t have a moral or honest bone in their body. People sometimes go to the extent [...]

How Can a Defense Lawyer Help You With Drug Charges?

  How Can A Defense Lawyer Help You With Drug Charges? Hiring the best criminal defense lawyer should be your very first step after being charged with drug possession. The importance of hiring an excellent defense attorney to deal with drug charges increases multifold if you are a student because this could not only damage your reputation, but also your education as well as your future. Before going into the details of how a student’s life gets affected by drug charges and how to deal with them, it is important that we briefly discuss the different types of drug charges and the laws related to them. Drug Crimes The cultivation, manufacturing, trafficking, possession, distribution, and consumption of certain drugs are [...]

What is Automatism?

  The term “automatism” refers to involuntary or un-conscious behavior. When a person is being tried for criminal charges, automatism can be used by the criminal defense attorney as an affirmative defense. Automatism is a type of legal defense in which the criminal defense lawyer argues that a person cannot be punished or held responsible for their crime or act because they were either not conscious when the act was carried out such as walking in their sleep, in a hypnotic state or suffering from concussion or epilepsy, or the crime was the result of an involuntary action such as loss of control over the muscles, a reflex action or a convulsion. A criminal defense attorney, in defense of automatism, [...]