A warrant is a court-sanctioned document that authorizes a person, usually a law enforcement officer, to take a particular action. In Texas, Houston criminal lawyers often see search and arrest warrants. Nowadays, police regularly get search warrants for blood in DWI cases when the defendant refuses to give a specimen voluntarily.
An arrest warrant allows the police officer to arrest the individual named in the warrant so that he or she can be brought in front of the court.
For an arrest warrant, it must generally:
When the arrest warrant is executed, the police officer should have the warrant at his hand and it should be shown when it is required. But many time in Harris County cases, police do not show the accused a copy of the warrant. That is just the unfortunate reality.
Harris County courts also use warrants for an accused who:
These types of warrants are known as “bench warrants.” They are issued when someone violates an order or requirement of the court. Sometimes they are called “summons” because the court is summoning the individual to appear.
This means that if you miss a court date, then the court can issue a warrant for your arrest. This can happen even if you accidentally miss your court date or were unable to appear for a specific reason. It is very important that you make every effort to attend your court date, or at the very least, that you send someone on your behalf.
Note that the best criminal lawyers in Houston, Texas know how to challenge arrest warrants. DO NOT ASSUME THAT JUST BECAUSE THERE IS A WARRANT THEN IT IS LEGAL. While you should obey police and not resist arrest if they have a warrant, you should hire the best criminal attorney you can afford to make sure the police followed proper procedures. If they did not, it could very well impact your case.
One of the most serious types of drug offenses is drug trafficking. Drug trafficking is an umbrella term that involves distribution of illicit drugs. The Harris County District Attorney’s Office takes these cases seriously. The best criminal attorneys in Houston, Texas, know how to handle these cases to try and get the best results possible.
For drug possession, the prosecution has to prove a person intentionally or knowingly possessed a controlled substance. Delivery is just that—delivering (or trying to deliver) a controlled substance. The four groups of drugs defined and listed in the Texas Controlled Substances Act.
The prosecution has to prove the case beyond a reasonable doubt. As Houston criminal lawyers know, this is not always easy. For example, there may be problems for the Harris County prosecutors proving possession or the mental state of knowing. Further, suppression issues often exist, from police illegally obtaining evidence to coercing confessions.
Often, and particularly in federal drugs cases, prosecutors will file a host of other charges. Recently, with federal criminal charges involving synthetic drugs (like “fake” marijuana), “Houston criminal attorneys have been seeing criminal and civil forfeiture charges added. Additionally, there has been an increase in charges for methamphetamine, amphetamine, speed, and cocaine and crack cases. Anyhow, common additional charges include:
Drug trafficking and related crimes are very serious offenses that can result in severe penalties, including fines and jail time. For example, some State cases have a punishment range of 15 years to life. That is more than the punishment for murderers or child molesters!
With so much at stake, you need the best criminal lawyer in Houston, Texas, that you can find. This is not a time to roll the dice and gamble your future. You need a caring criminal attorney dedicated to fighting and getting the best results he can.
A. Offense – Felonies
B. Offense – Misdemeanor
Q: Is it possible to expunge DWI RECORDS?
A:Only in rare circumstances, such as your case is dismissed or you are acquitted. You cannot expunge a successfully-completed probation. You also cannot expunge an old DWI conviction (e.g., one from 25 years ago). You need to make sure you speak with a Houston criminal attorney who understands expunctions, including the requirements. Many criminal attorneys in Houston, TX, unfortunately do not understand basic expunction law.
Q: Is the driver’s license suspended for a DWI arrest?
A:Yes, unless you request the hearing within the 15 days of your arrest. This is an IMPORTANT DEADLINE. When you request a hearing, due process requires an license revocation hearing before your license can be suspended. A judge presides, with officers or other witnesses who testify, and your Houston criminal lawyer has a chance to produce evidence helpful to you. But if you miss the 15-day deadline, your license will automatically be suspended on the 40th day after your arrest for 90 days.
Q: BAC (Blood alcohol content) for a DWI in Texas?
A:Generally, you must have a .08 blood alcohol or higher for a DWI in Texas. However, in some rare situations, you can still be convicted if you have below a .08 BUT your mental and physical faculties were lost due to the introduction of alcohol or any other drug in your system. For example, prescription medication. .
Q: What is an occupational license?
A:If your license has never been suspended before, then you can request an “Occupational Drivers License”. This is the license granted by the judge that can allow you to drive for 12 hours everyday. They cannot exceed 12 hours in any 24 hour period and your order must specify the counties you need to drive in. These licenses can generally be obtained within 48 hours to 6 weeks depending on the rules of the local court. You need a criminal lawyer in Houston, Texas to help you obtain this license.)
Q: Penalties for DWI with the child passenger
A:Penalties for dwi
Q: Signs of intoxication cops look for after stopping someone on the roadside
A:The police officer may look at the following symptoms of impairment
Q: Why can’t I just file a Petition for Nondisclosure myself or hire a cheap lawyer or agency to do it for me?
Q: How does a DWI conviction affect a minor’s driving privileges?
A:In Texas, the judge is required to suspend driving privileges for at least 90 days and require an ignition interlock as a condition of probation. If the judge does not do this, DPS automatically suspends the license for one year.
A person may be charged with a crime before they are arrested. In such situations, the judge will often issue a warrant for the person arrest. Sometimes, however, police officers can arrest someone without a warrant if some “warrant exception” applies, like he witnesses an offense. This is particularly common in Harris County, Texas.
After a person is arrested, they will be “booked” at the police department. The intake and booking process can take anywhere from half an hour up to two hours or more, depending on how busy the intake section is.
Steps in booking process
The suspect is then given the jail uniform and bedding and assigned to a housing unit. Needless to say, jail is not a pleasant experience. Anyone suspected of a crime should hire the best Houston criminal lawyer they can afford.
In Texas, there are various types of bond available to defendants charged with crimes. Some criminal lawyers in Texas post their clients bond. However, this is not really ethical because it can create a conflict of interest if the client fails to appear or violates bond conditions. Any good criminal attorney in Houston, Texas, can explain to you the various types of bond. You nee to be aware of these bonds so that you can understand the cost and the risk associated with each. Unlike other states, Texas allows private bondsmen to post bonds for defendants. In Kentucky, for example, there are no bondsmen and a defendant has to post the whole bond amount in cash. Likewise, in federal court, there are no bondsmen. Instead, the defendant often guarantees the bond with his or other relatives’ assets, maybe with a small amount down in cash.
Types of bail bond
Surety Bond: This bond is most common in Texas. A surety bond is posted when the accused person cannot afford to pay his or her own bail. The friends, relatives or the third party (a bondsmen) will pay the full amount if the accused does not appear in the court. Bondsmen, such as in Harris County, Texas, usually charge ten percent of the amount of bond.
Cash Bond: The accused pays the full amount of bond to be released. This is most often seen with misdemeanors, where bonds are much lower than with felony cases. The accused, if he fails to appear, surrenders the whole amount of cash to the county. When his case is resolved, and his bond has not been surrendered, he will receive the cash bond back in the mail.
Release on Your Own Recognizance: The judge may choose to release the accused on his own decision. The judge decides these types of decision only when the accused involves in relatively minor, nonviolent crime and if the defendant is not considered a danger to anyone.
Citation Release: Here, accused will not be arrested. Instead a citation will be issued saying that the accused must be present in the court in the particular date and time. This is most often seen in Harris County with traffic offenses.
Cash Bond: Paying the bail amount in the form of full payment in a hot cash type. The purpose of this is to secure his or her return to court on an appointed date, and thereafter until the case is concluded.