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Blog Posts in September, 2011

  • New DWI Warnings

    || 20-Sep-2011

    Effective September 1, 2011, the Texas Legislature passed a bill that will change the way the police request a blood or breath specimen if you have been arrested for driving while intoxicated. This change was made in the Texas Transportation Code Section 724.015. This change mandaties that officers now warn subjects arrested for DWI and BWI that "if a person refuses to submit to the taking of ...
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  • Change To Texas Stalking Laws

    || 20-Sep-2011

    In regards to changes that the Texas Legislature made to family violence statutes this past session, there was a whole lot of not much. However, in recent years we have seen the expansion of the definition of family violence to include not just spouses, but to include those involved in a dating relationship with the alleged victim. This past session, the Texas Legislature expanded the defintion of ...
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  • Deferred Adjudication For DWI?

    || 19-Sep-2011

    Over the past several years, the Texas Legislature has attempted to pass a bill that will allow deferred adjudication for those that commit the offense of driving while intoxicated. This is supposed to be a viable alternative for those that make a mistake and want to move with their life. After all, a person who has been charged with much more serious offense can be eligible for deferred ...
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  • Expansion Of Death Penalty In Texas

    || 19-Sep-2011

    In Texas, there are a large number of murders committed every year. Every year, the State of Texas commits a substantial portion of money to the prosecution of those charged with murder. As Texas leads the nation in the number of executions each year, Texas expends substantial sums of money to the prosecution of those that commit capital murder. In order to be convicted of capital murder, a person ...
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  • As this blog has stated repeatedly, sexual assault crimes are starting to be prosecuted with more vigor and tenacity. The Texas Legislature has helped spur this along. The Texas Legislature passed House Bill 3 which changes the punsihment of repeat offenders of aggravated sexual assault and sexual assault. Now, if a person has a previous conviction for aggravated sexual assault or sexual assault ...
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  • The Texas Legislature passed House Bill 215 to fight the onslaught of credit card skimming. This bill has now paved the wave to increase the prosecutions for those who used credit card/debit card skimming machines. Previously, the law provided that in order for one to be convicted of the offense of using these machines, the State had to prove an intent to harm or defraud another person. However, ...
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  • Possession Of K2 Is Now A Crime

    || 13-Sep-2011

    Yesterday, we blogged the transformation of the legality to illegallity of bath salts. We noted that these drugs had started to undergo increase scrutiny due to the side effects of bath salts. "K2" or "spice" was once considered to be a legal alternative to marijuana. Whereas the possession of marijuana was a criminal offense, possession of K2 was a legal alternative and not a ...
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  • We have blogged about the bills that the Texas Legislature passed this past session. The Texas Legislature passed several laws that affect drug crimes and punishment in Texas. Previously, we have noted the increase scrutiny that the possession of bath salts have undergone over the last several months. This scrutiny did not go unnoticed by the Texas Legislature. House Bill 2118 now makes the ...
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  • Fatal Alcohol Poisoning

    || 12-Sep-2011

    The Texas Legislature has passed House Bill 3474 and Senate Bill 1331. These bills were passed to tackle the problem of fatal alcohol poisoning. These bills are concerned with the consumption and/or possession of alcohol by a minor. These bills now provide immunity for possession or consuming alcohol to a minor that calls 911 because someone is suffering from alcohol poisoning. The rationale ...
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  • In 1983, the Supreme Court of the United States released the very important opinion of Heckler v. Campbell, 103 S.Ct. 1952, 1957-58 (1983). The reason that this case is so important is that the Social Security Administration has adopted the opinion in Social Security Ruling 83-46c. The Supreme Court, and subsequently the Social Security Administration, noted that the determination of disability at ...
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  • The Medical-Vocational Guidelines used by the Social Security Administration is a grid that will determine whether a finding of disabled or not disabled based upon the age, education, and work history at the "maximum sustained work capability" that relates to the exertional level of a person's occupation. There are three potential exertional levels: (1) sedentary; (2) light work; and ...
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  • Over the past several days, we have been blogging about the driver's license suspension a person will face when he or she is arrested for DWI. In Texas, a person convicted of a drug offense does face a license suspension. The statute regulating license suspension states that if they are convicted of an offense under the Texas Controlled Substances Act, a drug offense, or other certain felonies ...
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  • The SSA defines exertional limitations as those restrictions that will affect an individual's capacity to the meet the seven strength demands of jobs. These seven demands are sitting, standing, walking, lifting, carrying, pushing, and pulling). Each exertional limitation is considered independently even though the RFC assessment will combine all activities. The nonexertional limitations are ...
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