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Blog Posts in June, 2011

  • We receive this question often. The answer is an emphatic yes. Though drugs like Ritalin, Xanax, and Valium are common drugs, they are drugs that are highly regulated and monitored by local, state, and federal authorities. In order to obtain one of these drugs (legally), you must see a doctor and be prescribed a prescription. If you are not licensed by the State of Texas as a Pharmacist, it is ...
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  • As we noted previously, the State must prove that you are intoxicated by proving that you (1) have a BAC of 0.08 or (2) loss the normal use of his or her mental or physical faculties. if the police suspect that you are driving while intoxicated, they will ask you to perform the Standard Field Sobriety Tests. We have routinely blogged about the inaccuracies of the Standard Field Sobriety Tests. ...
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  • We all suffer from it. Lack of concentration at work. There are roughly a million other places where we would rather be. We have the screen savers on our computer monitors of the sandy, palm tree-laden, tropical island. We tend to day dream at work, but does this mean we are disabled? Obviously, the SSA is not going to find someone disabled simply because he or she finds his or her job boring. The ...
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  • The good ole 60s and 70s gave us this classic drug. The number of users and dealers have decreased in notoriety, though, over the last four decades. In fact, one rarely hears about someone getting busted with LSD. As with bellbottoms, afros, and plaid, this drug is most certainly likely to rebound in popularity. Thus, it is well worth our time to examine what occurs if someone is found guilty of ...
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  • As we noted in a previous blog, the framers considered the use of grand juries vital to our democratic system. That is why is contained within the Fifth Amendment (an amendment concerned with the protection of life and property). As the colonies grew from local settlements to an independent country to a modern-day powerful nation, the use of grand juries has become wide-spread and common. To the ...
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  • What Does A Blood Alcohol Concentration Of 0.08 Or More Mean?

    || 22-Jun-2011

    Yesterday, we discussed the legal definition of intoxication and noted that there are two ways to be intoxicated. If a person does not have normal use of his or her mental or physical faculties, then he or she can be considered intoxicated. Also, if a person has a BAC level of 0.08. What does this mean? Alcohol concentration is defined by statute as (1) the number of grams of alcohol per 100 ...
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  • As the summer heats up, so does our commentary on boating while intoxicated. As stated, it is one of the least publicized crimes in Texas. However, a substantial number of people get arrested for this every summer. Some think that this crime is a minor crime and does not invoke the seriousness prosecution as DWI does. To a limited extent they are correct. BWI is not widely publicized nor discussed ...
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  • Yesterday, we blogged about the little discussed offense of boating while intoxicated. Though it is very similar to DWI, there are some slight differences (above and beyond the obvious that the offense occurs on water). The Fourth Amendment of United States Constitution and Article I, Section 9 of the Texas Constitution prohibits unreasonable searches and seizures. What courts attempt to do when ...
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  • What Is Penalty Group 1A?

    || 16-Jun-2011

    As we noted in previous blogs, Texas divides controlled substances into five penalty groups. The penalty group that we will discuss today is a flashback to the 1970s: LSD. Lysergic acid diethylamide, or LSD, can cause varied psychological effects, or a "trip" approximately thirty to ninety minutes after taking it. However, the trips can last up to ten to twelve hours. Though they were used for ...
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  • We all acted out as a juvenile. We all did things that we look back upon and cringe and ask, Why did I do that? Most of us don't have a record of our mistakes on file with DPS and other police agencies, they are simply in our memory. What if you were arrested as a juvenile? Is there anything that you can do to prevent your future being held back? The Texas Family Code regulates all interaction ...
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  • What Is Penalty Group 1?

    || 15-Jun-2011

    As we noted in our blog entry yesterday, the level of crime that you can be charged with for POSSESSION of a controlled substance (note there is a different range of punishment for delivery of a controlled substance ). The more well-known drugs that are contained within Penalty Group 1 are: cocaine, heroin, and methamphetamine. Possession of less than one gram is a state jail felony. This offense ...
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  • Conditions Of DWI Probation Continued

    || 14-Jun-2011

    We have been discussing the conditions of probation for DWI in Texas. The following terms of probation for DWI offenders are generally for those offenders that the court believes needs more assistance. Generally, the more DWIs a person has on their record, then the more likely a judge will place more conditions of probation. In addition to these, the court might require as a condition of probation ...
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  • The Texas Legislature regulates the penalty for possession of a controlled substance in Texas. However, according to the Texas Health and Safety Code, the Texas Legislature delegated to the Texas Department of State Health Services. The Texas Health and Safety Code determines what is possession and divides controlled substances into five separate penalty groups. There are some drugs that are legal ...
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  • Can I Clean Up My Criminal Record?

    || 13-Jun-2011

    Our clients often ask us if this arrest, conviction, or probation will show up on my record? This is an extremely important concept to understand because of the ramifications that an arrest record will have on your ability to obtain certain licenses or get a job. Also, if you get in trouble again then the police might use that previous arrest against you. In Texas, there are two avenues to clean ...
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  • In our last blog entry we examined what a typical Texas DWI probation would look like. Remember, there is no community supervision deferred adjudication for DWI--only community supervision probation. Along with the probation, you will have to complete or perform several terms of probation. Those discussed in the last entry are just the ordinary terms of probation. However, if you have a case that ...
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  • Matthew James Overstreet, a former youth minister, was accused of sexually assaulting a Plano teenager. According to the alleged victim, the sexual activity began when she was thirteen-years-old and Overstreet began to send her sexual text messages. As the years went on, Overstreet continued to send her messages. Overstreet was working as a youth minister at St. Andrew United Methodist Church and ...
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  • What Will I Do If I Am On DWI Probation?

    || 10-Jun-2011

    Many clients prefer the option of being place on community supervision or probation rather than be placed in jail if he or she is convicted of DWI. Generally, the length of probation, thought it varies from county to county, ranges from 1-2 years. Associated with probation/community supervision are terms or conditions of probation. The terms of probation could include a drug/alcohol evaluation. ...
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  • If we listen to our grandparents, texting is going to be the end of the universe. Texting and driving has become a major social issue. Congressman Anthony Weiner has just learned the hard way about "sexting." A 25-year-old man in Porter, Texas (Montgomery County) was arrested, along with his mother for a drug deal that was interrupted by the police. According to police, the man and his ...
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  • One of the most common questions we get asked about DWI in Texas is: how severe is the punishment for someone convicted of a DWI? As of right now, deferred adjudication is not an option for someone convicted of DWI for the first time. The Texas legislature, however, is considering a bill that would allow for a first time offender to receive deferred adjudication. A person who is charged with ...
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  • Theresia L. Beckett, 56, from Spokane, Washington has been arrested six times in one year for prescription fraud charges. She is now in jail on a $125,000 bond. She has two additional pending felony charges concerning prescription forgery. Her arrests on June 16, July 20, September 26, October 14 of last year and April 12 and last week have kept her very busy and in deep trouble. She was arrested ...
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  • Continuing our tour through the Listing of Impairments maze, we now begin the walk through Neurological disability. The first kind of neurological disability examined by the SSA is epilepsy. Epilepsy is a brain disorder involving repeated and spontaneous seizures that are caused by abnormal electrical signals in the brain. The SSA will evaluate a person's epilepsy based on the type, frequency, ...
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  • Down syndrome is caused by a medical condition wherein a person has three copies of chromosome 21 within his or her cells. Normally, a person will only have two chromosomes within his or her cells. Due to this extra chromosome, there are changes in the orderly development of the body and brain. There are two kinds of Down syndrome. The reason that this is noteworthy is that the SSA evaluate them ...
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  • As we noted yesterday, there are two types of community supervision in Texas. The first is deferred adjudication community supervision and the second is community supervision probation. The latter, community supervision probation, was formerly known as adult probation, but it was renamed as community supervision several years ago. Community supervision is defined by the Code of Criminal Procedure ...
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  • As this blog has noted several times, there is a growing trend in the Texas local law enforcement community to no longer tolerate a refusal after a DWI arrest. No refusal is really a misnomer. As a citizen you have a right to refuse a breath test with the consequence of having your license suspended. Law enforcement has decided to no longer take NO for an answer. The police and district attorney's ...
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  • What Is Deferred Adjudication?

    || 6-Jun-2011

    In Texas, regardless of whether the defendant is placed on probation or deferred adjudication, the proper term is called community supervision. Essentially, community supervision means that a person, instead of going to jail, a person is allowed to live and work in the community while being monitored by the court. The court will generally delegate the day-to-day monitoring to the county probation ...
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