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Everything You Need to Know About Pretrial Intervention

Pre-trial intervention in Harris County is similar to a probation arrangement during a criminal case. The goal is to give the defendant an opportunity to clear his or her criminal record with full case dismissal, as long as the defendant fulfills the terms of the pre-trial intervention. Pre-trial intervention serves to rehabilitate the convicted individual… read more

What Is a DWI Surcharge?

In Texas, a driving while intoxicated (DWI) surcharge is an administrative penalty. It is a fee the Department of Public Safety charges as a requirement for maintaining your driver’s license post-DWI conviction. A DWI surcharge can bring the total costs of your DWI conviction much higher than the initial penalties, as the surcharge applies per… read more

What Happens at an Arraignment in Texas?

The criminal justice process consists of several phases. The first process generally includes arrest, booking, and arraignment. Once the police arrest a suspect for a crime, they will book the suspect at the police department, documenting a mug shot, the suspect’s fingerprints, and a list of all items in the suspect’s possession at the time… read more

How Do Bail Bonds Work in Texas?

The bail bond system exists to ensure that individuals charged with crimes appear for their court dates as required while allowing them to move freely between booking and arraignment. After someone has been arrested for a crime in Texas, the judge hearing the case may require the individual to remain in prison until trial, release… read more

Animal Cruelty Laws in Texas

Animal cruelty laws exist to protect animals from neglect, abuse, and mistreatment, and each state has unique animal cruelty laws everyone should know. A new United States House Bill seeks to make animal cruelty a federal offense, and the bill apparently shows strong bipartisan support. In the meantime, Texas residents should know how the state… read more

Can I Get a DUI for Being Under the Influence of Medical Marijuana?

The Compassionate Use Program in Texas permits medicinal use of marijuana, but under tight restrictions that make it legal for only about 600 people – patients who have intractable epilepsy. Even those who can use marijuana legally, however, cannot drive under the influence of this drug. It is illegal in every state to operate a… read more

What Crimes Have No Statute of Limitations in Texas?

A statute of limitations is a law that limits the amount of time one has to bring a claim to court. Both civil and criminal cases in Texas have a statutes of limitation. In the criminal court system, the statute of limitations puts a deadline on how long the prosecution has to press charges against… read more

Is Salvia Legal in Texas?

Salvia divinorum, sometimes called the “Diviner’s Mint” or “Seer’s Mint,” is a plant with psychoactive properties that grows in sandy, moist climates. For years, this drug has been relatively unknown to the American public, slowly gaining popularity over recent years due to its assumedly mild effects and non-addictive nature. If you have been charged with… read more

What Is the Age of Consent in Texas?

When it comes to protecting minors from sexual activity, the law determines the age of consent – i.e., the age where an individual can legally consent to sexual activity. If an adult engages in any form of sexual activity with someone below the legal age, it is statutory rape, even if the younger party gave… read more

Texas Knife Laws

The sale of weapons is a heavily regulated activity, and Texas weapons laws do not pertain solely to firearms. The state also regulates bladed weapons like knives and swords, and the Texas Right to Bear Arms includes a provision that allows the state legislature to control the sale of weapons for crime prevention purposes. However,… read more

Can You Get a DWI on an Electric Scooter?

Rideshare services like Uber and Lyft have grown increasingly popular over recent years, and now rideshare programs for electric scooters and bicycles offer an ecologically responsible alternative to public transportation or driving in large cities. While these programs and services help alleviate traffic congestion and limit the consumption of fossil fuels, there are significant issues… read more

What Is the SB4 Immigration Law in Texas?

Senate Bill (SB) 4 is one of the strictest immigration laws in the country. SB 4 is a Texas state law that went into effect September 1st, 2017. Also called the “Show me your papers” law, SB 4 gives local police officers the right to request proof of citizenship or otherwise question immigration status of… read more

Texas Sex Offender Laws

  Many types of criminal offenses can lead to sex offender registry. It is crucial to recognize the sex offender laws that apply to any relevant case. Failure to comply with registration requirements can lead to increased legal penalties and a lengthier registration requirement. Failure to adhere to these regulations may also increase the time… read more

How to Fight a Red Light Camera Ticket in Texas

Running a red light in Texas typically leads to demerit points on the offending driver’s license as well as fines. The state relies heavily on traffic cameras to issue citations for red light violations, but these tickets aren’t always justified. What happens if you receive a red light camera ticket in Texas for an unwarranted… read more

Understanding “Dismissed Without Prejudice” Statutes

When a plaintiff brings a civil claim against a defendant, the plaintiff may not have the option of pursuing further legal action if he or she settles the matter or wins at trial. However, some procedural issues may lead to “dismissal without prejudice,” which essentially means that the court dismisses the plaintiff’s claim, but the… read more

What Is an ALR Hearing in Texas?

If a Texas driver commits a serious moving violation, a driving under the influence (DUI) offense, or any of the following traffic offense, the driver will face an Administrative License Revocation (ALR). Some of the possible reasons for an ALR include: Failing a blood or breathalyzer test during a police stop. In such a case,… read more

What Is the I-797 Notice of Action?

When submitting a request or application to the U.S. Citizenship and Immigration Services (USCIS), you will likely receive a copy of Form I-797 at some point. This form is a request for a specific type of information, depending on the variation of I-797 you receive. While it’s not possible to fill out Form I-797, this… read more

Reasons a Passport is Denied in Texas

When you are in possession of an active legitimate passport, it is the key to traveling both in and out of the country without problems. Due to an increased focus on national security, the U.S. government may deny or revoke your passport, which can lead to complications. Because of the complex legal matters involved, you… read more

What Is Considered Indecent Exposure in Texas?

Indecent exposure may not be the most serious sex-related crime, but it is still a serious offense. In most cases, indecent exposure happens when a person exposes themselves for sexual gratification to another individual. Texas Penal Code 21.08 treats indecent exposure as having three main components: Exposure of anus or genitals The intent to arouse… read more

Romeo and Juliet Law

Sexual assault is a serious crime that has severe consequences under Texas law. Assaults of either an adult or a child can lead to prison time, large fines, and your name listed on the Texas sex offender registry. However, not all cases of sexual assault are violations of consent – some can happen when the… read more

MOEP and Protective Orders in Texas

The justice system in Texas strives to prevent further harm to victims of violent crimes and protect their families as well. A Texas magistrate can issue a Magistrate’s Order of Emergency Protection (MOEP) to protect the victim and his or her family from an individual arrested for family violence, sexual abuse, aggravated sexual assault, stalking,… read more

ICE Arrests and Deportation Statistics for 2017

U.S. Immigration and Customs Enforcement (ICE) has been a topic of public debate recently due to the Trump administration’s strict stance against illegal entry into the United States. ICE identifies and arrests illegal aliens who pose a danger to public safety or who have undermined the United States’ immigration laws. The President’s Executive Order 13,768,… read more

Texas Law on Marijuana Edibles

The marijuana laws in Texas are notoriously strict, and even a misdemeanor possession charge could lead to jail time. Some may wonder whether these laws apply the same way to edibles, or food and beverages infused with tetrahydrocannabinol (THC), the psychoactive compound found in marijuana. Several states, like Colorado and Washington, have decriminalized marijuana and… read more

When Can Police Search Your Car?

What Rights Do You Have When You Get Pulled Over? Having a cop car pull you over is stressful, but you shouldn’t have to worry about an officer unlawfully searching your vehicle. The Fourth Amendment protects against unlawful search and seizure, which means that any arbitrary car searches conducted without a warrant are illegal. Courts… read more

How to Get a Green Card Through Marriage in Texas

Though the process may take some time, it is possible for a spouse or future spouse to receive a green card and eventually live in the United States permanently. People must meet certain criteria to get a green card through marriage. For foreign citizens married to United States citizens or permanent residents, the U.S. government… read more

What Is a Felony Indictment in Texas?

How do I Know if I’ve Been Indicted? Can The Charges Be Dropped? In Texas, an indictment is a formal charging instrument. Texas courts use indictments to inform a defendant of what criminal behavior the court is accusing them of. Indictments share features with, but are distinct from, an information, which is the charging instrument… read more

Can You Get Deported For a DWI in Texas?

If Texas lawmakers are strict about two things, it’s immigration laws and driving while intoxicated (DWI). It may surprise you to learn that a connection exists between DWI and deportation or immigration status in the state of Texas. It’s imperative to discuss your case with an attorney immediately after a DWI charge as an immigrant… read more

How a DWI Can Affect Gun Ownership in Texas

Texas is notorious for its strict driving under the influence (DUI) and driving while intoxicated (DWI) laws. State lawmakers take drunk and drugged driving very seriously, punishing offenders to the fullest extent of the law. Getting a DWI in Texas can mean thousands of dollars in fines, a jail sentence, and driver’s license suspension. What… read more

How to Get Your Criminal Records Sealed in Texas

If you are a Texas resident looking to erase your criminal record, you need the help of a local Houston attorney who understands both state and federal laws regarding sealing criminal records. Everyone makes mistakes. Unfortunately, some mistakes have higher consequences than others, leading to arrests, charges, and convictions. Talk to the criminal defense team… read more

Missing Jury Duty in Texas

If you’ve missed jury duty in Houston or the surrounding areas, talk to the Law Office of David A. Breston for help with your next steps. As a U.S. citizen, one of our duties is to attend court to judge a case on trial, but what happens when a person doesn’t show up for jury… read more

Online Impersonation Laws in Texas

Texas takes online impersonation seriously. No matter the circumstances of your offense, arrest, and charge, talk to an attorney about your case. Getting a misdemeanor for online impersonation can stay on your record, resulting in jail time and haunting you down the road. A felony has even deeper implications, making it difficult to find jobs… read more

What to Do If Your Arrested for a DUI

The first call you make after a DWI arrest in Houston should be to an experienced attorney. Texas is notorious for its strict alcohol and drug laws. Zero tolerance policies, severe penalties, and lifelong ramifications for driving while intoxicated (DWI) serve to discourage motorists from drinking and driving. Law officers are stringent in enforcing Texas’… read more

Can You Get a Felony Expunged in Texas?

It shocks many individuals who have undergone arrest for felonies but never received a conviction to find out that they still have a criminal record in Texas. Unfortunately, receiving a case dismissal or a not-guilty verdict does not erase a history of crime. Under these circumstances, the only way to remove a criminal history from… read more

Texas Laws and Penalties for Soliciting Prostitution

In Texas, paying money for sex is illegal. Known under Texas law as “solicitation of prostitution,” this crime can result in jail time and hefty fines. Arrest or conviction for the solicitation of prostitution can inflict major damages upon a person’s reputation, potentially leading to loss of employment and broken ties with family or community…. read more

7 Mistakes to Avoid in a Houston Criminal Case

When the police accuse someone of a crime, it is common for the person to feel the need to defend him/herself immediately. Unfortunately, this feeling of urgency can cause the individual to make mistakes that do more harm than good to the case. In many situations, people who attempt to clear their names accidentally give… read more

How Social Media Can Hurt Your Defense in a Criminal Case

When facing an arrest and criminal charges in Texas, you might feel the urge to vent about your situation on your favorite social media channels. After all, your followers are your friends and family, and posting about it couldn’t hurt, right? Wrong. Publishing a post about your recent arrest on Facebook or Instagram in Texas… read more

Is Possession of THC Wax a Felony in Texas?

Unlike several other states, Texas has stayed stalwart in its strict no-marijuana laws. THC wax is no exception. In fact, the law punishes possession of THC even more harshly than standard marijuana. Tetrahydrocannabinol, or THC, is the active ingredient in marijuana. It is the primary chemical responsible for producing the euphoric feeling, or “high,” of… read more

What Is the National Johns Suppression Initiative?

In 2011, the Cook County Sheriff’s Office, led by Sheriff Tom Dart, began a national push to arrest those attempting to purchase sex, in order to curb sex trafficking in the United States. Originally called the “National Day of Johns Arrests”, and since renamed the “National Johns Suppression Initiative”, this annual event focuses on the… read more

What You Should Know About Plea Bargains

Most criminal cases are settled via the plea bargain process. The plea bargain is an agreement reached between the prosecutor and the defendant during a case in which the defendant agrees to plead guilty or no contest to the charges in exchange for a lighter sentence or lesser charges. While there are a number of… read more

Do You Have to Speak to a Detective After the Charges Are Dropped?

Anyone arrested for a crime should retain a defense attorney as soon as possible, ideally before they face formal charges. When the police arrest a suspect they must “mirandize” the suspect, and grant a detained or arrested citizen certain other civil rights, which are important to understand, as they may play a part in later… read more

When to Call the Police for a Domestic Dispute

Families and spouses get into arguments and even heated altercations every day. In some situations, a domestic dispute can disturb neighbors to the point where they wonder whether or not to call the police. It’s important to understand the difference between a domestic spat and domestic abuse. The determining factor for anyone wondering whether or… read more

Can You Have a Loaded Gun in Your Car in Texas?

The Second Amendment protects Americans’ rights to keep and bear firearms, and state laws vary widely on the restrictions and liberties facing gun owners in each state. Texas has some of the most lenient gun laws in the United States, and gun owners enjoy a wide range of freedoms concerning their Second Amendment rights. However,… read more

Texas Tobacco Laws

Tobacco may be a legal substance in Texas, but that does not give users free rein to smoke wherever or whenever they want. Like all states, Texas has tobacco laws that restrict the use of tobacco products – including cigarettes, vaporizers (vapes), and e-cigarettes. Obeying the laws in Texas is important as a smoker if… read more