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Recent Blog Posts
Is Fleeing a DWI in a Vehicle a Felony Offense?
Driving while intoxicated (DWI) is a serious crime in Texas, and attempting to flee the scene can lead to even more severe consequences. In Texas, fleeing the scene of a DWI in a vehicle can result in felony charges being brought against you. If you are facing felony charges related to fleeing the scene of a suspected DWI, you must seriously consider hiring a criminal defense lawyer. When facing charges such as this, you need to do everything in your power to fight for your rights and freedom. Hiring a lawyer is a wise first step in combating these very serious charges.
Understanding DWI Laws in Texas
It is well known that in Texas, a person is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08 percent or higher. A DWI conviction can result in prison time, alcohol education classes, license revocations, and more. However, the severity of the offense
Can My DWI Be Charged as a Felony?
In Texas, a DWI (Driving While Intoxicated) offense can be charged as a felony. While a first-time DWI offense is typically a misdemeanor offense, subsequent offenses or specific aggravating factors can elevate the charge to a felony. If you have been charged with felony DWI, you need to seriously consider hiring a lawyer. Failing to hire a lawyer will almost certainly result in a negative case outcome.
Understanding When DWI is Considered a Felony
Here are examples of when DWI can be charged as a felony, including:
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Intoxication assault – A DWI can also be charged as a felony if it causes serious bodily injury to another person. This offense, referred to as intoxication assault, is considered a third-degree felony in Texas. If it can be proven that the driver was operating their vehicle while intoxicated and caused an accident resulting in serious bodily harm to another person, they could face felony charges.
Should I Settle My Criminal Case or Go to Trial?
When facing criminal charges, one of the most significant decisions someone can make is whether to try and settle a case by making a plea bargain with the prosecution or try to avoid a conviction by going to a trial. Like with any important decision, there are important factors to consider, as this decision will likely have a major impact on your reputation, freedom, and future. To help you evaluate your options as you navigate the Texas criminal justice system, contact an attorney to discuss how best to move forward.
What Are the Advantages of Taking a Plea Bargain?
Here are some examples of the advantages of taking a plea deal, including:
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Increased certainty – By choosing a plea deal, you gain more control over the outcome of your case. Negotiating a plea deal allows you to have a say in the terms of your sentencing, potentially leading to a more favorable resolution.
How does an inmate's medical condition affect his parole review in Texas?
Sometimes my clients get sick while serving their Texas felony prison sentences. Sometimes they are already sick and their condition worsens. Obviously, if we are fighting to get a client released to parole, his health can be an important factor for the Board to consider. Below I try to set out common issues that arise when advocating for a sick or physically compromised client.
TDCJ Medically Recommended Intensive Supervision
If a client is terminally ill, he may be eligible for special review and release to parole under TDCJ’s “MRIS” program (Medically Recommended Intensive Supervision). The requirements are strict. As a threshold issue, you have to be terminally ill, over the age of 65, mentally ill, developmentally disabled, require long term intensive medical care, have an organic brain syndrome, or be in a persistent vegetative state. Additionally, only inmates convicted of non-violent and non-sexually assaultive offenses can normally qualify (except that if an inmate is in a vegetative state he may be released under MRIS even if he was convicted of a sexual assault offense).
Texas Parole FAQ
I’ve represented clients in parole review all over Texas. As the vote date approaches, my clients and their family often have questions, mostly about what the Parole Board is up to and when they will vote. I’ve put together some general answers to the most common questions raised by my clients and their families. As always, this isn’t legal advice. Find a good parole lawyer to get specific advice for your loved one’s case.
1. What does it mean to be in parole review?
In Texas, inmates go into parole review 6 months before their first parole review date or 4 months before any subsequent parole review date. Theoretically, a Texas Parole Board can vote to release or deny release to an inmate any time during that 6 or 4-month review period. But that almost never happens. Most Boards will vote on an inmate within a few weeks of the parole review date. So what is the point of having an inmate in parole review status for so long? I think the most helpful way to understand the parole review period is from an administrative perspective. Having an inmate in “parole review” means that TDCJ is on the clock for getting the file prepared for the Board to vote and getting the inmate interview completed. It also provides specific timelines for parole attorneys to prepare and submit parole packets and support materials to the board.
Texas 11.07 Writ of Habeas Corpus Investigations
If you’re looking to hire a lawyer to file an 11.07 writ of habeas corpus for an incarcerated person in Texas, there’s a few things you need to understand about writ investigations.
First, keep in mind that the whole point of an 11.07 writ is to find things that did not make into the record during the trial or plea proceedings. If your loved one had a jury trial, the events recorded in the trial transcript cannot be a basis for relief by themselves. This is because “record based” claims must be raised on direct appeal (ineffective assistance of counsel claims can be raised in a writ. Technically these aren’t “record based” claims because to succeed you need new evidence from the trial attorneys themselves in the form of an explanation of their trial strategy).
Attorneys attempting to develop evidence outside the record have 3 main sources of information:
When can you withdraw a guilty plea in Texas?
Criminal defendants quickly discover that the criminal justice process in Texas is nothing like the movies. They realize that when they step into court they’re just another face in a crowd of other defendants. They feel like the prosecutor sees them as an offense report, not a person, and that the judge’s primary interest seems to be just getting the case finished.
This feeling isn’t entirely accurate, but that doesn’t make the experience any less disconcerting.
One of the consequences of the experience of a chaotic, impersonal, and crowded court room is that a guilty plea can feel rushed — what if you realize it was a mistake and that you’d rather fight the charges?
Is it possible to withdraw a plea?
The answer is yes, but it’s all a matter of timing. And timing depends on what legal situation you are in — a negotiated plea, a jury trial, or a sentencing hearing. Let’s break it down.
Don't panic over Shinn v Ramirez but also make sure to hire competent State habeas counsel
Inmates planning to challenge their state convictions in Federal Court are worried about the recent Supreme Court case Shinn v. Ramirez.
Although I realize the Shinn holding will damage some inmates' 2254 habeas claims, I'm telling my clients that they don't need to panic.
First, let's discuss what the case is about.
The Shinn opinion addresses a narrow issue: is an inmate challenging a state conviction in Federal Court under Section 2254 allowed to introduce evidence of ineffective assistance of counsel that occurred during their state trials but was not introduced by state habeas counsel? I emphasize the word “evidence” because that is the only issue before the court in Shinn. Under the unique procedural posture of the defendants in Shinn, it is undisputed that the defendants are able to plead ineffective assistance of trial counsel even though they didn't raise that issue in state proceedings.
Challenging felony charges in Texas with a pretrial writ
Texas trial courts are seeing an upward trend in pretrial writ of habeas corpus applications challenging felony indictments. This trend seems “organic,” i.e., there’s been no specific change in the law that attorneys are reacting to. It is unclear why the criminal defense legal community seems to be gravitating towards this strategy. I suspect that recent successful facial challenges to the constitutionality of a few Texas Penal Code provisions has put pretrial writs on the defense bar’s radar. But I don’t think anyone knows for sure.
In light of recent a recent Court of Criminal Appeals (“CCA”)decision — Ex parte Edwards, it’s helpful to for defense attorneys that do not regularly file writs to be mindful of what type of grounds are “cognizable” in a pretrial writ, i.e. what kind of grounds can be properly raised. This is because in Edwards the CCA appears to have rolled back what most lawyers considered a “safe” pretrial writ claim — arguing that the State indicated a defendant outside the statute of limitations.
The long path to victory
I recently prevailed on an 11.07 writ of habeas corpus for a client who had been convicted of one of the most serious allegations in the Texas Penal Code — Continuous Sexual Abuse of a Child.
Of course I was elated on the night that the Court of Criminal Appeals issued the opinion agreeing with the trial court’s findings. My client would get a new trial. He would get to bond out like any other defendant and return to his family. We had done what had seemed nearly impossible — convince the Court of Criminal Appeals to give my client another opportunity to fight for his freedom even after a Texas jury had convicted him of a terrible crime (in the face of my client’s continued and unwavering claims of innocence).
But, speaking generally now, it is hard not to feel a ceaseless sense of struggle, even when we win the post-conviction legal battles.
Part of the reason is obvious. If a client gets a new trial, he still faces conviction. Although many successful 11.07 writ cases end of pleading on more favorable terms for the defendant on remand (for reasons that can only be addressed in a separate blog post), the prospect of fighting the case again is always stressful, even when the client “has the wind at his sails” with a recent victory.
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From our office in Conroe, Texas, we provide representation for clients in communities throughout Montgomery County, including Magnolia, Pinehurst, Montgomery, Panorama Village, Willis, Splendora, Patton Village, New Caney, Porter, and The Woodlands, as well as other areas surrounding Houston, including Spring, Katy Richmond, Friendswood, Galveston, Harris County, Fort Bend County, and Galveston County. We also represent clients throughout the state of Texas, including San Antonio and Bexar County, San Marcos and Hays County, Austin and Travis County, Georgetown and Williamson County, Dallas and Dallas County, Waco, El Paso, Corpus Christi, Abilene, Temple-Killeen, Forth Worth and Tarrant County, and Denton and Denton County.
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