According to the Texas Alcoholic Beverage Commission, the man’s blood alcohol content the night of the accident was nearly four times the legal limit of .08 percent. An investigating was conducted on Cowboys, but no criminal charges have been filed against the club or any other penalties imposed.
]]> The lawsuit claims that the club was negligent, and that the establishment tried to control the testimony of potential witnesses immediately after the crash—key employees were apparently never questioned during an internal investigation of the incident.The suit represents the civil side of what can happen following a drunk-driving crash. Obviously, the criminal side has its own unique considerations pertaining to the charges prosecutors choose to pursue. Those facing criminal charges in such cases often have questions about what police can and cannot do, how to think through plea offers, the risks of taking a case to trial, and other issues. Working with an experienced attorney can help one build a strong defense case and set oneself up for the best possible outcome.
Source: Source: myfoxdfw.com, “Cowboys Dancehall sued for over-serving drunk driver,” Brandon Todd, May 7, 2013.
]]>The registry is similar to the current Texas Sex Offender Registration Program monitored by the Texas Department of Public Safety. The goal of the registry is to make information available to warn potential victims of family violence, and to give people the resources they need to make informed decisions and prevent abuse.
]]> Domestic violence is, of course, a serious problem in the state of Texas. According to the Texas Department of Public Safety, a total of 177,983 family violence incidents were reported in 2011. Nearly 40 percent of these involved violence against a spouse; nearly 16 percent involved violence against a child; and 44 percent involved violence against another family member.Family violence, by statute, refers that an act by a member of a family or household that is intended to cause physical harm or bodily injury, assault or sexual assault or that is a threat putting the victim in fear of imminent physical harm, bodily injury, assault or sexual assault. Dating violence and child abuse are included within the meaning of the statute.
Those who are accused of family violence sometimes face great misunderstandings that complicate their case. Because police don’t always conduct a thorough investigation, and because circumstances aren’t always what they appear to be, it is often necessary to mount a strong defense in these cases.
Source: Source: Deer Park Broadcaster, “Texas House passes Domestic Violence Registry legislation,” April 30, 2013.
]]>The bill would not legalize marijuana for medicinal use, but would simply provide the most basic legal protection to those who use it medicinally. This is reportedly the fifth time Naishtat has filed the bill, but only the second time the measure has received a hearing. On May 1, the Committee heard from over two dozen witnesses who supported the measure. Many of them had similar stories of pain and suffering which was improved by using marijuana medicinally. No witnesses testified against the measure.
]]> HB594 has not yet been voted on by the committee, despite the urgings of many witnesses.It isn’t clear, however, whether the Public Health Committee is the best avenue for the measure. The House Criminal Jurisprudence Committee, which often looks at measures that create affirmative defenses to criminal prosecution, was the last committee to give a favorable hearing the measure.
Affirmative defenses are an important part of criminal defense in some cases. Such defenses, depending on whether they are complete or partial, affirm the charges but raise facts other than those alleged by the plaintiff or prosecutor which, if proven, defeat or reduce the charges, even if all the allegations are proven.
In building any criminal defense cases, defense attorneys are keen to look at any potential affirmative defenses that may enhance their criminal defense strategy.
Source: Source: Austin Chronicle, “Patients Urge Lawmakers to Pass Medical Marijuana Measure,” Jordan Smith, May 7, 2013.
]]>DeVonte Holloman, formerly a South Carolina linebacker, was drafted to the Dallas Cowboys on the sixth round. His selection went forward, despite the fact that he was arrested in June 2011 on a drunken driving charge. The Cowboys reportedly did not discuss his arrest with him during the pre-draft process.
]]> Cowboys owner and general manager Jerry Jones said that the organization was aware of the incident and decided that it should not prevent them from drafting Holloman. In commenting on the selection, Jones is aware of the heat the league is getting for DWI arrests of players. Still, Jones’ focus is on the future.DWI incidents, as we’ve mentioned, have been a recent focus for the NFL as a whole, and for the Cowboys in particular. The career of nose tackle Josh Brent is currently on the line due to a charge of intoxication manslaughter connected to a car crash that killed squad linebacker Jerry Brown Jr. back in December. Brent had been charged with drunken driving back in college. Nose tackle Jay Ratliff was charged with DWI back in January after crashing his truck into an 18-wheeler.
League-wide, numerous other players have been arrested for alcohol-related driving offenses, forcing the league to take the issue more seriously in recent months.
Source: Source: ESPN, “Cowboys’ 6th-rounder: DWI will not happen again,” Tim MacMahon, April 27, 2013.
]]>The doctor allegedly obtained $375,000 in false reimbursements from the programs. The 61-year-old doctor was arrested last Tuesday. He denies all fraud charges against him. His attorney questioned the charges, saying that the doctor does not own all the hospital buildings involved in the charges, just the companies managing them. Further comments were not offered.
]]> It has apparently been some time since an individual hospital owner in Texas has faced criminal charges for health care fraud. Usually corporations are on the receiving end of charges. In response to the indictment, the U.S. Centers for Medicare and Medicaid forced the shutdown of the doctor’s Terrell hospital, the ninth time such action has taken place nationally in the past three years.The charges against the doctor include seven counts of fraud, as well as a conspiracy charge. Inf convicted, he could be spending up to 10 years in prison for each charge.
Among other challenges defendants face in cases involving fraud charges is sorting through the multitude of evidence and allegations offered by prosecution. These cases are often investigated deeply before charges are issued, and it is critical to understand the charges and the evidence behind them in building a strong defense case. Fraud charges have serious consequences, and it is important for those facing them to build a strong defense against them as early as possible.
Source: Source: Dallas News, “Owner of Renaissance Hospital Terrell faces federal charges on health care billing fraud,” Miles Moffeit, April 23, 2013.
]]>Laboratory safeguards are meant to ensure that every defendant receives a fair trial. Unfortunately, a new report from the Texas Forensic Science Commission reveals that the incompetence of one Houston forensic laboratory worker may have resulted in thousands of questionable convictions.
]]> The worker was found to have mixed up test results, replacing the results from one drug test with the findings of another. He apparently also falsified some test results. Officials further determined that the worker struggled with basic chemistry and the principles of corrections work.So far, the Texas Court of Criminal Appeals has thrown out more than 10 convictions in which evidence handled by the incompetent lab technician played a role. The court found that he was so bad at his job that defendants' constitutional due process rights were compromised.
Records show that the technician in question worked on at least 4,900 drug cases since he was hired by the department in 2006. Defendants in 30 Texas counties were affected by his work.
The Court of Criminal Appeals is now deciding what to do. The Innocence Project of Texas says it thinks the court should throw out all of the questionable convictions, since it is unlikely that it will be able to hear so many cases in a timely manner.
Source: The Texas Tribune, "Forensic Science Commission Reviews DPS Lab Trouble," Maurice Chammah, April 5, 2013
Our law firm defends people facing drug charges in Texas. For more information, please visit our website
]]>Authorities said that at least 200 of the DWI arrests resulted from increased efforts to stop drunk drivers. A special grant from the Texas Department of Transportation helped the officers spend more time focusing on the potential dangers of intoxicated drivers. Spring Break is one of the most dangerous times of year for drivers on all of the state's roads, not only because of intoxicated operators, but also because of increased traffic.
]]> Officers in the area said they were thankful for the grant, which allowed them to provide extra measures of safety for drivers, pedestrians and others throughout the area. Texas is a popular Spring Break destination for many vacationing college students, according to statistics, creating an even more distinct public safety concern.The grant was not just designed to help with the DWI problem, however; authorities report issuing 11,400 speeding tickets during that time frame, along with 1,600 seatbelt and child safety restraint violations. About 12,000 other tickets were also issued, while about 1,000 fugitive and felony arrests occurred.
People who have been arrested on drunk-driving charges during the Spring Break period should consider consulting the services of an experienced criminal defense attorney. DWI lawyers can teach you more about your courtroom rights, allowing you to safely and fairly navigate the legal system. Furthermore, some people are unfairly accused of DWI; a qualified attorney could help you strategize to minimize the impact of such charges on your life. Think about hiring a DWI attorney to help you through this potentially confusing legal process.
Source: 5NBCDFW.com, "DPS Troopers Issue 25,000 Citations During Spring Break," April 19, 2013
]]>Authorities report that they interviewed the chiropractor. During that examination, the man admitted that he might have touched the women's genitals during groin adjustments, but that action would have been by accident; he vehemently denied intentionally touching the patients. He also stated on the record that he did not penetrate any of the patients; that information could play a key role in determining whether the man is found guilty of aggravated sexual assault of a child.
]]> So far, defense attorneys have put forth a good showing by raising serious questions about the lead investigator's strategies during the case. Also included in the courtroom testimony was the woman who initially filed the sexual assault claims; she said several of her students at her dance center reported feeling uncomfortable about the nature of the treatments they received at the man's clinic.The woman who filed the charges is a competing business owner with the man's girlfriend. Both women own dance studios in the area, but the man's girlfriend has enjoyed the benefit of his contributions to the center, many of which include expanded facilities and improved conditioning classes. Defense attorneys argue that the woman is bringing the assault claims in an attempt to discredit her rival.
Defendants facing criminal charges in connection with sexual assault should enlist the help of qualified attorneys who can help protect their rights and educate them about legal processes.
Source: 5NBCDFW.com, "Jurors Hear Interview in McKinney Chiropractor Sex Assault Case," Lindsay Wilcox, April 16, 2013
]]>The suspect in this case was accused of sexually assaulting a woman who claimed to have stayed at his house overnight after a party. He was convicted in November on charges of sexual assault, conduct unbecoming of an officer and abusive sexual contact. He was slated to be dismissed from the service entirely after serving a year-long prison term.
]]> The commanding officer determined that the lieutenant colonel was a family man who was unlikely to have assaulted a woman sleeping on his couch. Furthermore, the victim did not provide credible information about the events surrounding the alleged assault, and she could not accurately describe the layout of the house where the assault supposedly occurred.Media reports show that the superior officer's decision was based on evidence that was largely inadmissible in court, including a polygraph test and the suspect's own account of the events. The colonel refused to testify at his trial.
Government officials say they do not intend to fully retract the ability of commanders to reduce criminal sentences pertaining to their subordinates. The commanders will simply be required to provide adequate legal evidence to support their decision. In this case, administrators decided that the commander's written defense was sufficient to support the dismissal of the verdict.
Military members accused of sexual misconduct should rest assured that false allegations have the potential to be dismissed entirely, allowing the suspect to avoid pending punishment.
Source: Myfoxdfw.com, "Officer defends overturning sexual-assault verdict," Lolita C. Baldor, April 10, 2013
]]>Hurd was originally charged with six counts based on allegations that he attempting to set up a widespread drug-dealing operation. Those drug charges were consolidated into the most recent charge of conspiracy.
]]> Hurd was arrested back in 2011, when he was with the Bears, outside a Chicago-area steakhouse. Investigators claimed that he accepted a kilogram of cocaine from an undercover officer after having told the officer that he wanted to purchase up to 10 kilos of cocaine and a half-ton of marijuana per week to distribute in the Chicago area. Hurd, investigators claim, was willing to pay $25,000 per kilo of cocaine and $450 per pound of marijuana.In July 2011, four men in Denton, Texas were arrested after police discovered drug-related texted between Hurd and two of the suspects. In one of the texts, Hurd expressed the desire to obtain drugs for his customers.
Hurd's cousin and another co-defendant have already pleaded guilty and agreed to testify against Hurd, who is currently being held in jail without bond.
Pleading guilty to drug charges is not something to take lightly. Ideally, defendants work closely with an experienced attorney to determine the best strategy in their case. This allows them to carefully consider the evidence, the relevant law, and the best strategy for achieving the best possible outcome.
Source: CBS DFW, "Lawyer Says Hurd Will Plead Guilty," Larry Hartstein, April 10, 2013
]]>Texas, of course, has a real problem with drunken driving. According to MADD, Texas is the worst state in the country in terms of the number of alcohol-related fatalities. MADD, according to its chief executive officer Debbie Weir, is frustrated with this, as well as the show of support for suspected drunken drivers. One example MADD points to is the support shown to State Rep. Naomi Gonzalez.
]]> Gonzalez injured a cyclist while allegedly driving while intoxicated. According to police reports, she was driving at more than twice the legal limit at the time of the incident. When Gonzalez apologized for the incident on the floor of the state capitol, she was met with applause and high fives. This, Weir says, is concerning. James Brent, the Cowboys' defensive lineman who was charged with intoxication manslaughter following a crash that killed his teammate Jerry Brown Jr., was met with a similar reception.Well, there is no doubt that Texas has work to do in this area, but it should be kept in mind that mistakes do happen. In addition, it can also happens that those accused of illegally driving while intoxicated are met with charges that are unsubstantiated by the evidence. These are also things that need to be addressed. And this is what defense attorneys do for a living.
Source: NBCDFW.com, "MADD Bills Push to Curb Drunken Driving, Save Lives," Marc Fein, April 10, 2013
]]>The 31-year-old oilfield worker, who works on the truTV cable network series "Black Gold," was arrested late last month and charged with misdemeanor driving while intoxicated, as well as two misdemeanor charges of failure to stop and give notice after striking a unattended vehicle.
]]> A police officer from Midland was reportedly investigating a hit and run crash on March 27 in which a silver Hummer, the vehicle allegedly involved in the accident, left the scene. Another officer later responded to a collision at a Midland business involving the same Hummer. Witnesses at that scene said the driver had been driving erratically, and police said that he was "obviously intoxicated." Watson said that he had been taking Xanax, a drug used to treat anxiety and panic disorders.According to Midland police, Watson had been involved in a third hit and run prior to stopping his vehicles, and also allegedly struck a utility police at an unknown location.
Watson was arrested after becoming argumentative and uncooperative. They also say that his speech was slurred, that his eyes were glassy, he was unsteady on his feet, and unable to follow instructions.
Drunk-driving charges, in and of themselves, are serious, but when combined with other offenses, can sometimes it more difficult for a defendant to achieve a favorable outcome. Still, it is important for defendants to look into every possible aspect of their case to determine the best avenues for defense. Having an experienced attorney for this task is critical.
Source: www.myfoxdfw.com, "'Black Gold' driller accused of drunken driving," April 3, 2013
]]>According to police, the 30-year-old man's DNA matches evidence collected from sexual assaults that occurred on February 22, March 15, and March 19. Police had, sources say, previously confirmed that the man's palm print matched one taken from the crime scene of the sexual assault that allegedly took place on March 15 and March 19.
]]> The Dallas man was first suspected of the crimes when police received an anonymous tip from CrmeStoppers last week. The tip said that the man matched the description provided by police. Police subsequently found the man in North Dallas and when they went to pull him over, he attempted to flee on foot.Police say that, once arrested, he confessed to all three sexual assaults and voluntarily provided a DNA sample.
In criminal defense, it is always important to question whether police conducted themselves properly in obtaining any evidence. Police failure to abide by proper procedures can result in constitutional infringements that can significantly affect the course of a case.
As far as confessions go, it is critical that they be voluntary for them to be admitted as evidence in court. A skilled defense attorney will know exactly what to look for in making this determination. If any evidence appears that the confession was not voluntary, the attorney then may request that the evidence be declared inadmissible.
Source: CBS DFW, "Suspect Matches DNA In Lake Highlands Sexual Assault Cases," April 4, 2013
]]>Prosecutors, who say the man's blood alcohol content was .108 at the time of the crash and that empty beer cans were found in the backseat of the man's car next to a basketball, are asking a Dallas County jury to find the man guilty of manslaughter for the death of his son, no doubt a horrifying thing for the father.
]]> According to prosecutors, the accident occurred after the father failed to yield the right of way to the truck, causing the truck to slam into the passenger side of the car. The father's defense attorney urged jurors to use their common sense in the case, though sources did not provide any further details about the defense strategy.If convicted of manslaughter, the father could spend up to 20 years in prison.
There is little doubt in this case that the father is horrified at the reality of being on trial for the death of his son. Any parent would be. In such cases, it is critical for defendants to obtain effective representation early on so as to ensure that they achieve the best possible outcome in the case.
Source: Dallas News, "UPDATE: Dallas County man on trial accused of driving drunk, killing his 13-year-old son in crash," Jennifer Emily, March 20, 2013
]]>Hurd was first arrested back in December 2011 outside a Chicago-area steakhouse after agents accused him of accepting cocaine. Then he was arrested again last year after authorities reported that he attempted to purchase more drugs and failed two drug tests. If convicted on the new charges, he could be sentenced to 20 years in prison.
]]> The new charges came 20 days before Hurd was set to go to trial. Hurd's attorney has said that prosecutors are "trying to move the goalposts" against him. Prosecutors, for their part have said they are only attempting to streamline the drug case against Hurd. His attorney has said that negotiations with the government have not resumed and still expected to go to trial at this point.Hurd's attorney filed a motion to delay the trial last Tuesday, so that it would being on April 8. His motion alleges that Hurd and his attorneys need more time to review over 4,000 pages of discovery material that the government has provided in the past several weeks. That material includes flight records, text messages and business and financial records. Prosecutors, for their part, have vehemently opposed Hurd's attempt to dismiss the drug conspiracy charge,
Hurd faces a maximum statutory sentence of 10 years to life in prison, plus a $10 million fine, if convicted.
Source: nfl.com, "Former Cowboys WR Sam Hurd indicted on new drug charges," March 21, 2013
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