Criminal Defense and Constitutional Rights
Posted in Criminal Defense and Constitutional Rights,Criminal defense in Texas on June 4, 2019 by David Breston
In most cases of arrest, residing inside of a local jail is not an ideal prospect. Typically, the court sets bail, which allows the defendant to continue living in their own home before their trial. Posting bail can be both a blessing and a curse, as not everyone can afford to pay it outright. This… read more
Posted in Criminal Defense and Constitutional Rights on April 18, 2019 by David Breston
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
Posted in Criminal Defense and Constitutional Rights on April 10, 2019 by David Breston
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
Posted in Criminal Defense and Constitutional Rights,Criminal defense in Texas on November 5, 2018 by David Breston
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
Posted in Criminal defense,Criminal Defense and Constitutional Rights,drug possession,DWI - Driving While Intoxicated on June 6, 2018 by David Breston
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
Posted in Criminal defense,Criminal Defense and Constitutional Rights on June 6, 2018 by David Breston
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
Posted in Criminal Defense and Constitutional Rights on April 15, 2018 by David Breston
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
Posted in Criminal Defense and Constitutional Rights on February 14, 2018 by David Breston
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
Posted in Criminal defense,Criminal Defense and Constitutional Rights on February 1, 2018 by David Breston
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
Posted in Criminal Defense and Constitutional Rights on September 12, 2016 by David Breston
Getting arrested is an experience nobody wants. An officer depriving you of your freedom and holding you accountable for a criminal offense is frightening and stressful, especially if you are unaware of your rights as a detainee. When a law enforcement officer places you in handcuffs and takes you into custody, it does not immediately… read more