FAQ

Your first priority after an accident is ensuring you are safe. Once you are certain that you are in a safe position, make sure you and anyone else involved in the accident gets the medical attention they need. If you are in a safe condition to do so, collect photos and video footage of the scene; gather the other driver’s insurance, license and car information; reach out to your insurance to report the accident and call an attorney to start building your injury claim.

Your safety should always be your first priority after an accident, which is why you should always see a doctor after a crash. Even if you feel fine, you may be suffering from hidden injuries that could be serious. Your doctor can confirm your condition and provide you with a treatment plan to put you on the path to your best possible recovery. The medical examination can also be used to support your personal injury claim by proving the extent of your injuries.

You deserve compensation for any resulting consequences of your accident, including property damage, lost income, current and future medical expenses, and pain and suffering. Your lawyer can help you review your case to determine what other expenses you may be able to pursue in your compensation claim.

If the at-fault driver does not have insurance, it may still be possible to get financial compensation from your own insurance. If a third party was also liable for the accident, your attorney may be able to help you file a claim against the third party as well.

Texas law does not require you to take a field sobriety test. A police officer may make it seem like field sobriety testing is mandatory, but legally it is not. However, if you decline to take a field sobriety test, the prosecutor will try to use that against you in court. Keep in mind that being drunk is not the only reason a person could fail a field sobriety test. A physical condition, a disability or simply being very nervous can make it difficult to perform the movements and tasks that field sobriety testing requires. An experienced DWI defense attorney can analyze all the facts in your case to fight back against the prosecution’s claims regarding field sobriety testing.

After a DWI arrest, there are some steps you can take to protect your driver’s license, but you have to act quickly. Your driver’s license will be suspended automatically if you fail a DWI breath test, but you have 15 days to request an Administrative License Revocation (ALR) hearing to challenge the suspension. IMPORTANT: Your DWI defense lawyer can represent you at the ALR hearing and during your DWI case. The ALR process is separate from the DWI case, and you should act quickly to address your license suspension issues within the 15-day window.

Some professionals arrested for DWI could be more prone to lose their jobs than others. If your job is in the transportation industry or involves operating heavy machinery, you are at higher risk of losing your job. Other professionals at risk include those working with children and the elderly, as well as health care professionals. Depending on your circumstances, you could also face penalties from your relevant professional board or even have your professional license revoked.

Breathalyzers are not always accurate. Often this is due to law enforcement not being properly trained to use or maintain the breathalyzers. In fact, if you submitted to a breath test, some of the evidence your lawyer will review involves the breath test results. In Texas, many DWI cases have been thrown out because breathalyzer machines were not properly maintained or calibrated, and there have been many cases of laboratories failing to correctly process chemical tests in DWI cases. Whatever your situation may be, it is crucial that you put an experienced DWI defense lawyer on your side as soon as possible.

A number of factors could lead to a charge of drug trafficking in Texas. Depending on the factors, you could be charged with both possession and trafficking. Mainly, the distinction between possession and trafficking involves the amount of drugs and the intent to distribute. A large amount of drugs combined with an alleged intent to distribute could result in a drug trafficking charge. Also, if the authorities allege that you transported a large amount of drugs across state lines, you could be charged with trafficking. In any case, it’s important to have an experienced drug charge defense attorney on your side if you are charged with drug trafficking. A trafficking conviction can result in significantly more serious penalties than a drug possession conviction.

Many Texas counties offer first-time drug offender programs that allow people to follow a program rather than face heavier criminal penalties. These programs can help people avoid jail time. If you have questions about first-time offender programs in your case, we encourage you to contact Zen Law Firm today.

In many cases, yes, a drug conviction will likely result in the suspension of your driver’s license. Even if a drug crime isn’t related to driving while under the influence of drugs, a conviction can cause a person to lose their license for 180 days. However, every case is different, and you should talk to us about your specific circumstances.

It’s important that you do everything you can to protect your rights if you’ve been charged with a drug crime in Texas. Innocent people are convicted of crimes every day. Depending on the crime, if you’re convicted, you could be facing serious consequences such as jail or prison time, and possibly thousands of dollars in fines. Don’t go through this process alone, and don’t get pushed around.

We strongly encourage you to say nothing to law enforcement officials until you have consulted with a criminal defense attorney. Anything you say, even before you’ve been taken into custody, could and probably will be used against you in court. You have the right to remain silent and to have an attorney present during questioning. It’s usually best to utilize every right you have during the criminal process!

Generally, drug crimes are offenses involving the criminal possession, sale, distribution, trafficking or manufacturing of a controlled substance. This also includes illegal possession of prescription drugs and prescription drug fraud. Frequently, drug charges include possession of a controlled substance, possession with the intent to distribute, delivery of a controlled substance, trafficking, and more.

Depending on the crime, if you are convicted, you may be punished with imprisonment, fines, community service, probation, and mandatory drug and alcohol counseling. In addition to these harsh consequences, a conviction for a drug-related crime on your record could make you ineligible for employment with some companies.

In Texas, misdemeanors are crimes divided into three classes (A, B, and C) that could lead to less than a year of jail time and/or a fine not exceeding $4,000. Examples of misdemeanors in Texas include first-offense DWI, shoplifting, and disorderly conduct.

Felonies refer to the most serious crimes under Texas law. Punishments may range from a year in prison to life imprisonment or even the death sentence.

Under certain circumstances, an individual could have a misdemeanor criminal record expunged. Expungement essentially means removing the conviction from your record. However, felonies are more difficult to expunge. Another vital difference between a misdemeanor and a felony is that a person convicted of a felony could be prohibited from voting or owning a firearm. A felony conviction can also result in restrictions on job opportunities and where the convicted individual can live.

The process starts after an arrest or receiving a notification to appear in court. At this point, it is important to choose an experienced criminal attorney as soon as possible to represent you. If you fail to appear in court, the judge will issue an arrest warrant against you.

The next step is the first court appearance to hear the charges. At this hearing, the judge may also determine bail. If bail is not granted, the defendant will have to remain in jail during the legal process.

During a preliminary hearing, a prosecutor will submit evidence to show there is enough evidence to bring a case against the defendant. This is also an opportunity for the defense to argue against the prosecutor’s case. If the defense is successful at this stage, a judge may dismiss the charges.

If the process continues, then pretrial negotiations will start. A criminal defense attorney may negotiate with the prosecutor for a plea bargain — perhaps involving reduced or dismissed charges — or the defense lawyer and prosecutor may agree on specific terms the defendant will have to meet in order for charges to be dropped or reduced. If the defense attorney and prosecutor cannot reach an agreement, the pretrial motions and hearings start. At this stage, a criminal defense attorney will file motions — for example, to dismiss charges due to lack of evidence or to suppress evidence or witness testimony. It may also be possible at this stage to reach a favorable plea bargain after submitting the appropriate motions.

If the prosecutor and defense attorney do not reach an agreement or plea bargain during the previous stages, the case may go to trial.

IMPORTANT: It is always up to the defendant to choose to accept a plea agreement or go to trial. An experienced criminal defense attorney can advise on whether a plea deal or a trial is appropriate in your case.

You have a right to be heard before a court, regardless of how hopeless you think your case is. An experienced criminal defense attorney can negotiate more favorable terms with the prosecutor to protect your rights. An attorney can also put your charges into a different perspective and look for weaknesses in the prosecutor’s arguments or faults in law enforcement’s actions. Remember, you have a right to fight the charge, and the best way to do that is to put an experienced defense lawyer on your side as soon as possible.

This always depends on the specific facts of the case. Factors to consider include whether the defense attorney and prosecutor can reach a plea agreement, whether charges can be reduced or dismissed, and whether the case goes to trial. In addition, the defense may appeal a guilty verdict if doing so makes sense, and an appeal would extend the process. Whatever your situation may be, an experienced criminal defense attorney’s advice and representation are essential to understanding your rights and options, and what to expect from the process in your particular case.