JBABB Criminal Defense Attorneys

Felony Convictions: The Ripple Effects on Your Future

Wed, 10 Jan 2024 03:04:45 GMT

A felony is a serious criminal offense.

In Texas, all felony charges carry the possibility of more than one year in prison—and in some cases, defendants face the risk of dramatically more time behind bars. Beyond the immediate penalties, a felony conviction can also have many other very serious long-term consequences. Here, our Richardson criminal defense attorney provides a comprehensive overview of key things to know about the ripple effects that a felony conviction can have in Texas.

Background: In Texas, a Texas Creates a Permanent Criminal Record (Very Difficult to Seal)

A felony charge—especially a felony conviction—is a very serious matter. Felony convictions have lasting impacts that can shape your future in significant ways. When you are convicted of a felony, it is about a lot more than just serving time. The mark on your record can undermine your future in many different ways. In Texas, it is very difficult—and, in many cases, not possible at all—to seal a felony conviction. Our state has strict expungement laws

Know the Ripple Effects: The Long-Term Adverse Impact of a Felony Conviction

When a person is charged with a felony criminal offense, the first thing on your mind is likely your freedom. This makes sense: A felony conviction could take away your freedom. At the same time, it is also important to consider all of the potential long-term consequences. The ripple effects of a felony conviction in Texas can include:

Temporary or Permanent Barriers to Education (Financial Aid): Education can be the stepping stone to a better future. Unfortunately, a felony conviction can actually make it harder to climb. Many colleges and financial aid programs have strict rules about criminal records. You might find yourself ineligible for loans, grants, or scholarships—thereby making it difficult to pay for school.
Challenges Getting the Best Housing (Rental or Mortgage): Imagine finding the perfect place to live, only to be turned away because of your past. Landlords and mortgage companies often do background checks. A felony conviction can make them see you as a risk they are not willing to take. Of course, where you live matters. If you are denied the best housing opportunities can lead to living in less desirable areas or struggling to find a place at all. You may end up somewhere that is less safe with a lower overall quality of life.
More Difficult to Advance in Your Career: You may struggle to get a good job after being convicted of a felony. Even if you manage to find a job that you like, climbing the career ladder can be a steep uphill battle. Employers might be hesitant to promote someone with a felony conviction, fearing trust issues or public image concerns. This can leave you stuck in low-paying, unstable jobs, making it hard to build a stable, fulfilling career. According to research from the Brennan Center for Justice , a felony conviction reduces future earnings—even when controlling for all other factors.
May Not Be Approved for Certain Professional Licenses: In Texas, many careers require a professional license. Unfortunately. a felony conviction can put these out of reach. Some of the most prominent fields—from medicine to law—have strict moral character requirements. Without the necessary license, you will not be able to legally work in these professions. In other words, a felony conviction can close off entire career paths.
Difficulty in Obtaining Loans and Other Types of Credit : Financial stability is key to building a good life, but a felony conviction can make it much harder to achieve. Banks and credit institutions often see those with criminal records as high-risk borrowers. You might be denied loans or face high interest rates, making it difficult to buy a car, own a home, or even start a business. Without access to credit, it can be harder to make large purchases or invest in opportunities that could improve your life. For those who want to launch their own business in Texas, lack of access to financing can be especially challenging.
Conviction Could Be Used Against You in Child Custody Case: Are you a parent of young children or teenagers? Do you think you could become a parent at some point in the future? A felony conviction can impact your family life deeply. In child custody cases in Texas, the court looks at the best interests of the child. A felony record can weigh heavily against you. Although the specific circumstances always matter, the reality is that you might find your relationship with your children limited.
Potential Loss of Your Second Amendment Rights: The United States Constitution and the Texas Constitution both protect your right to bear arms. However, this right is not without some limitations. In fact, in many cases, a felony conviction can strip you of this right. You may not be able to own firearms in the future if you are convicted of a serious felony offense in Texas.

Do Not Plead Guilty to a Felony Without a Defense Attorney

Are you or your loved one facing a felony criminal charge in Texas? Do not take on the legal process alone. You cannot rely on police or prosecutors to look out for your legal rights or your long-term interests. In some cases, the prosecution could propose a plea agreement that seems relatively favorable on the surface level but could carry very serious adverse long-term consequences. A top-tier North Texas criminal defense attorney will review the allegations, answer your questions, consider the long-term consequences, and take action to protect your rights, freedom, and future.

Contact Our North Texas Felony Criminal Defense Attorney for Immediate Help

At JBABB Law, our Richardson, TX, criminal defense lawyer goes the extra mile to provide the highest legal or personalized representation to clients. We help take on all types of felony criminal cases. Contact our criminal defense law firm today to set up a completely confidential case review. With a law office in Richardson, we defend felony charges throughout the entirety of North Texas, including in Garland, Plano, Addison, Highland Park, Carrollton, and Dallas.

When Your Child is Charged: How to Handle Juvenile Crimes

Mon, 11 Dec 2023 02:12:38 GMT

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The Office of Juvenile Justice and Delinquency Prevention (OJJDP) puts the number of national juvenile arrests at nearly 425,000. In Texas, there is a specialized legal process in place for juveniles. This raises an important question: How should you handle a juvenile case when your child is charged with a crime? The answer depends on a number of different factors. Our Richardson juvenile justice lawyer helps clarify the matter by providing an in-depth guide to handling a case when your child is charged with a crime in North Texas.

Background: Texas Law Defines a Juvenile as 10 to 16 (A 17-Year-Old is an Adult)

Who is a juvenile in a criminal case? In Texas, the legal definition of a juvenile is a child within the age range of 10 years old to 16 years old. Texas law recognizes that children and teenagers in this bracket—while still responsible for their actions—generally do not possess the full maturity and judgment of adults. In other words, the legal system approaches juvenile crimes with a blend of accountability and an opportunity for rehabilitation, distinct from adult offenders.

For 17-year-olds, Texas has some of the most harsh juvenile justice laws in the entire country. Once a child reaches the age of 17, they are considered an adult in the eyes of the criminal law system in Texas. Our state is one of the only jurisdictions in the entire country that treats 17-year-olds as adults. It is a distinction that carries significant implications. A 17-year-old, despite still being a minor in many other legal contexts, will face the adult criminal justice system if charged with a crime. Understanding the difference is vital for parents and guardians navigating these cases.

Most Juvenile Criminal Cases in Texas Involve a Delinquency Petition

In Texas, the majority of juvenile criminal cases initiate with the filing of a delinquency petition. A juvenile delinquency petition is a legal document that serves as the formal accusation against a juvenile—alleging their involvement in criminal conduct. It typically contains details of the alleged offense and the minor's involvement. Unlike adult criminal proceedings, where charges are framed in terms of specific criminal statutes, delinquency petitions focus on the act of delinquency itself. The aim is to address the behavior of the juvenile rather than strictly punishing the crime.

The Exception (14+ and Major Felonies): In Texas, a major exception applies in the juvenile justice system for those aged 14 and older who have been accused of major felonies. Juveniles in this age group charged with serious felonies—with common examples being aggravated assault, robbery, carjacking, and homicide—may face the possibility of being tried as adults. This shift from the juvenile to the adult court system means these youths could be subject to the same penalties as adults—potentially including a lengthy prison sentence.

How to Handle a Juvenile Crime Case in Texas

For parents, there are few things more stressful than finding out that your child is facing criminal allegations. A proactive approach is essential when handling a juvenile arrest. While young people have many options available, they also still face major risks from the criminal justice system. Parents and guardians in North Texas should not assume that everything will work out on its own. Here are some important steps to take when handling a juvenile case:

Understand the Circumstances Your Child is Facing: To start, parents should make sure that they grasp the specifics of their child's situation. Among other things, this includes understanding the nature of the charges, the legal definitions involved, and the potential consequences. Awareness of the legal nuances, including age-related laws and the nature of the alleged crime, can help.
Consult With a Texas Juvenile Criminal Defense Lawyer: A juvenile criminal matter is complicated. You and your family do not have to take on the system alone. You need a high-level attorney on your side. A skilled North Texas juvenile criminal defense lawyer attorney can provide crucial guidance, represent your child’s interests in court, and offer expert advice on the complexities of the juvenile justice system.
Work to Keep Your Child’s Case Out of Adult Criminal Court: If your child is facing charges for a serious felony, and he or she is 14 or older, there is a risk they could be tried as an adult. Parents should vigorously advocate to keep the case within the juvenile system. Remember, there are major advantages to having your child’s case handled through a juvenile delinquency petition.
Limit the Adverse Consequences for Your Child, Get Them Resources: Aim to minimize the negative impact of the proceedings on your child’s future. Collaborate with your lawyer to explore all avenues for mitigating consequences—such as engaging in community service or undergoing counseling. You should seek resources like therapy or educational support to address underlying issues that may have contributed to the underlying issue. Being involved in the process can make a big difference for your child.
Post-Case Seal Your Child’s Criminal Records to the Maximum Extent Possible: After the case concludes, it is important to protect your child’s future prospects. Work with your Texas juvenile criminal defense attorney to seal your child’s criminal records. Doing so can help in preventing these records from adversely affecting future employment, education, or other opportunities. In Texas, most juvenile criminal records can be sealed.

Contact Our Juvenile Defense Attorney in North Texas

At JBABB Law, our Richardson criminal defense lawyer is an experienced advocate for juveniles. Our legal team has a deep understanding of the juvenile justice process in Texas. If your child was arrested and is facing any type of juvenile offense, we are more than ready to help. Contact our criminal defense law firm for your family’s completely confidential consultation. From our Richardson law office, we provide juvenile defense representation throughout all of North Texas.

Expungement vs. Sealing: What is the Difference for Criminal Records

Sat, 11 Nov 2023 17:52:32 GMT

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Beyond the immediate issues that come with an arrest and a charge, criminal records can undermine your future. In Texas, there are certain options available for dealing with criminal records. This raises an important question: What is the difference between getting criminal records expunged and sealed? The short answer is that expungement (expunction) is an erasing of criminal records, whereas sealing merely restricts access to those records to certain limited parties. In this article, our Richardson criminal defense attorney provides a more comprehensive guide to the key things you should understand about criminal records in Texas.

You Should Protect Your Criminal Records to the Maximum Extent Possible

Why should you take action to limit access to your criminal records to the maximum extent possible under the law? There are many different reasons. Criminal records—even an arrest record that never resulted in a formal criminal charge—can have adverse consequences. It could impact your future in several ways, including in regard to education, employment, professional licensure, and even housing. A mistake—or even worse, an unjustified arrest—should not undermine your future. By proactively clearing your criminal records to the greatest degree possible in Texas, you will put yourself in the best position to succeed.

Know the Terms: Expungement and Sealing

You may hear people mistakenly use the terms “expungement” and “sealing” interchangeably. However, they are not synonyms. They are legal terms with legal meanings. In Texas, a person seeking to conceal their criminal records has two different options available to them. Whether either option is available to you depends on your specific circumstances. Here is an overview of the most important things you should know about concealing criminal records in Texas:

Expungement Criminal Records (Expunction): Expungement—officially referred to as “expunction” in Texas—is a legal process that completely eradicates criminal records as if the offense never occurred. In other words, when a criminal record is expunged, the person regains the legal right to deny the occurrence of the arrest or prosecution. It is a comprehensive option. Put another way, expunction means that records are erased .
Sealed Criminal Records (Non-Disclosure): The sealing of criminal records—officially referred to as “non-disclosure” in Texas—is a legal process that does not erase the criminal record but restricts who can access it. Essentially, it seals the record from the public eye, making it inaccessible to private parties conducting background checks, such as employers or landlords. Only law enforcement and other officials can access sealed records. Put another way, non-disclosure means that records are sealed .

Understanding these legal definitions, you probably already know that expungement is a better option than getting records sealed. Why does anyone get records sealed instead of expunged? The answer is the expunction is an option that is available in a smaller number of cases in Texas.

What You Need to Know About Your Ability to Qualify to Get Criminal Records Expunged

Expungement (expunction) is the very best option for getting your criminal records erased in Texas. Understanding eligibility for expunction in Texas is paramount for those seeking to clear their records. Unfortunately, not every person who has criminal records that they want to keep out of the public eye is eligible for expunction in our state. In general, your ability to qualify for expunction hinges on a few critical factors. You may qualify if any of the four following conditions are met:

You have an arrest record, but you were never formally charged with a criminal offense;
You have an arrest record and criminal charges, but the case was dropped without trial;
You have an arrest record, were charged, went to trial, and were acquitted; or
You have a criminal conviction on your record for which you were later exonerated.

What You Need to Know About Your Ability to Qualify to Get Criminal Records Sealed

What if you do not meet the standard eligibility requirements to get your criminal records expunged in Texas? You are not necessarily out of luck. Those sensitive criminal records may still qualify to be kept out of public view through the Texas non-disclosure process. The process to seal a criminal record—which, once again, is officially referred to as an order of non-disclosure—is more lenient compared to expunction. You may qualify for non-disclosure in Texas if any of the two following conditions are met:

You entered deferred adjudication probation and successfully completed the terms; or
You went through deferred adjudication and completed the required waiting period.

Wiping the Slate Clean in Complicated: A Criminal Defense Attorney Can Help

Cleaning up your criminal records is not easy. Not only does Texas have strict eligibility requirements, but you will also need to put forward compelling supporting documentation—and satisfy—all procedural regulations to get your records expunged or sealed. You do not have to figure out the system alone. At JBABB Law, we are armed with an in-depth understanding of Texas criminal law, and we provide solutions-focused guidance and support to help our clients find answers.

The journey to wiping the slate clean after an arrest can be stressful and confusing. Cookie-cutter legal representation is not good enough in these cases. You need a Texas criminal defense attorney who can review your specific circumstances, answer your questions, assess your eligibility for expunction and/or non-disclosure, and develop a plan of action to obtain the best possible outcome. We are devoted to helping clients pave the way for new beginnings and restored opportunities.

Call Our Richardson, TX, Criminal Defense Lawyer for a Confidential Consultation

At JBABB Law, our Richardson criminal defense attorney is a future-focused, solutions-driven advocate for clients. If you have any questions about expungement or the sealing of criminal records more broadly, we are here to help. Contact our criminal defense team today for your completely confidential case review. From our Richardson legal office, we provide criminal defense services in Collin County, Dallas County, and all across the entire region in North Texas.

Wrongfully Accused of a Crime? You May Have a Case

Mon, 09 Oct 2023 15:00:08 GMT

Are you being accused of a crime?

Whether you have already been arrested or you are merely facing an allegation, it is imperative that you take immediate action to protect your rights. Your freedom and future could be at stake—especially if you have been accused of a felony. You can defend yourself against a false allegation. Here, our Richardson criminal defense attorney explains the key things to know about your rights and your options if you were wrongfully accused of a crime in Texas.

Background: Prosecutors Must Prove Criminal Charges Beyond a Reasonable Doubt

A criminal accusation is not a criminal conviction. Any person who is alleged to have committed a crime is presumed innocent until proven guilty. The burden of proof rests on the shoulders of prosecutors. They have a legal responsibility to prove any charge beyond a reasonable. It is a high bar to meet. The United States Courts defines reasonable doubt as “a doubt based upon reason and common sense and is not based purely on speculation.”

Among other things, the standard is designed to safeguard against the wrongful conviction of innocent individuals by ensuring that the evidence against the accused is so compelling that there is no plausible reason to question their guilt. That is not to say that you should trust police, prosecutors, or the court system to come to the right conclusion. Sadly, wrongful convictions do happen. You should raise a proactive, zealous defense against a false allegation.

How to Defend Yourself Against False Criminal Allegations

There are few things more stressful than facing a wrongful criminal accusation—even if no formal charge has yet been filed. A proactive approach is a must in any criminal case. You do not want to fall behind in the criminal justice process. Here are four key steps to take to defend yourself against false criminal allegations in North Texas:

Understand the Severity of the Situation: All criminal allegations should be taken seriously—even if it is clearly false. Acknowledging the seriousness of facing a criminal charge, even a false one, is the initial step in tackling the situation effectively. Remember, a criminal charge can have long-lasting impacts on your life. It could cost you your freedom. Wrongful convictions do happen. Be sure to protect yourself by defending the charge.
Consult With a Criminal Defense Lawyer: Do not wait to get help from a lawyer. As soon as possible, be sure to consult with an experienced North Texas criminal defense lawyer. Among other things, your attorney can review the allegations, explain the potential charges, discuss the risk of penalties, and determine the next steps to take. Be open and honest with your criminal defense lawyer. Your attorney is on your side.
Preserve and Organize Relevant Evidence: While the burden of proof in a criminal case always rests on the shoulders of the state (the prosecution), defendants should still be prepared to present evidence. Ensure that you keep track of all documents, correspondence, and other materials related to your case. A proactive investigation is key. If you have any evidence that helps to establish your innocence—such as a text message, an email, a witness statement, etc—be sure you save that information.
Develop a Comprehensive Defense Strategy: There is no one right way to defend yourself against a criminal allegation. A top-rated North Texas criminal defense attorney can help you determine the best strategy for your case. You do not want to be a passive player in the process. By staying actively involved in your defense, you will be in the best position to effectively work with a defense lawyer who can help you clear your name.

An Overview of Your Legal Remedies if Falsely Accused of a Crime in Texas

Do you have any remedy against a person who leveled a false criminal allegation in Texas? The short answer is “yes”—or at least you might. You could have a civil legal claim against the other party. Here is an overview of your two primary remedies to address false criminal accusations in Texas:

You May Have a Defamation Claim: As a starting point, you may have a defamation claim—either on the basis of libel or the basis of slander—if you are falsely accused of a crime in Texas. Defamation is a civil cause of action. if the false accusations were made publicly and they harmed your reputation, you may be able to establish damages caused by civil defamation. Broadly speaking, slander (spoken) and libel (written) involve the communication of false statements that damage a person's reputation. To prevail in a defamation lawsuit in Texas, the plaintiff must prove that the statement was false, defamatory, and that it was published with negligence or actual malice. If successful, the falsely accused may be awarded damages for harm to their reputation.
You May Have a Malicious Prosecution Claim: A defamation lawsuit is not the only civil cause of action that you may have against a person who made a knowingly false criminal allegation in Texas. Another possible claim for someone falsely accused in our state is a malicious prosecution lawsuit. Broadly explained, a malicious prosecution claim arises when one party knowingly and with malice, initiates a baseless legal action against another. In Texas, to establish a malicious prosecution claim, the accused must demonstrate that the prosecution had no probable cause, was instigated with malice, and was resolved in their favor. If these elements are proven, the accused may recover compensation for legal fees, emotional distress, damage to reputation, and other related damages.

An Overview of Contact Our North Texas Criminal Defense Lawyer Today

At JBABB Law, our Richardson criminal defense attorney is standing by, ready to protect your rights and interests. If you or your family member was wrongfully accused of a criminal offense, we are more than ready to help. Contact our criminal defense team right away for a completely confidential consultation. From our Richardson office, we provide justice-driven criminal defense representation throughout North Texas, including in Collin County and Dallas County.

Avoiding Trial: Alternative Options for Criminal Cases

Sun, 10 Sep 2023 14:14:49 GMT

Were you arrested and charged with a crime in Texas?

Were you arrested and charged with a crime in Texas? You are probably feeling stressed out, confused, and overwhelmed. While you have a right to trial, the reality is that most criminal cases never go to trial. In fact, the Pew Research Center cites data showing that only around two percent of criminal charges (1 in 50) make it to trial in the United States.

How do you avoid a criminal trial? There are a number of different potential alternatives available. At JBABB Law, we provide solutions-driven, future-focused legal representation to our clients. It is our mission to ensure you know your rights and options. Here, our Richardson criminal defense attorney provides an overview of the alternative options for resolving criminal cases in Texas.

Your Three Main Options to Avoid a Trial in a Criminal Case in Texas

Get the Charges Dismissed Outright

Not all arrests actually result in criminal charges—and not all criminal charges end up going forward. Depending on your specific situation, it may be possible to have the charges dismissed outright well before any trial ever happens. Of course, this is the most favorable alternative option for a defendant. It effectively means that he or she has been cleared of the offense. Charges may be dropped based on the following grounds:

Insufficient Evidence : One of the primary reasons for the dismissal of charges is the lack of sufficient evidence. If the evidence the state intends to use against the defendant does not meet the legal standards, it can lead to the dismissal of charges.
Violation of Rights : If there was a significant violation of the defendant's rights during the investigative or arrest process, this could also lead to a dismissal. For instance, if evidence was obtained without a proper search warrant, that could lead to the case following apart.
Prosecutorial Discretion : In some cases, the prosecutor might decide not to pursue a case because of limited resources, witness credibility issues, or a belief that the case lacks merit. In such situations, the prosecution can motion to dismiss the case.

Reach a Plea Agreement With Prosecutors

You may also avoid a trial through a plea agreement. In effect, a plea agreement is a deal between the defense and the prosecution. In exchange for pleading guilty or not contesting the charges, the defendant will receive some form of benefit, such as lesser criminal penalties. The potential advantages of a plea bargain include:

Lesser Charge: In some cases, prosecutors will agree to allow a defendant to plead guilty to a less severe criminal offense.
Reduced Sentence : A plea deal might involve reduced prison time, probation, community service, or a combination thereof.
Certainty : By agreeing to a plea deal, a defendant often has a clearer idea of the outcome, compared to the uncertainties of a trial. There is less risk.

Is it the right approach to take a plea deal if you are facing a criminal charge in Texas? That question cannot be answered in the abstract. It always depends on case-specific factors, including the strength of the prosecution’s case and the terms of the proposed plea bargain. Plea deals are complicated. An agreement should always be negotiated by an experienced Texas defense lawyer.

Secure Deferred Adjudication

Deferred adjudication is another potential alternative option to a traditional criminal trial. The Texas Judicial Branch explains that deferred adjudication is “ a special form of judge-ordered community supervision that permits a defendant to accept responsibility for a crime without an actual conviction being placed on the record .” Community supervision is also commonly referred to as probation. Deferred adjudication is an option in some, but not all, criminal charges in Texas. Some potential advantages include:

Avoiding Conviction : After successfully completing the terms of community supervision, the case is dismissed. The defendant will not have a formal conviction on his or her record. A benefit that can be crucial for future endeavors like employment or housing applications.
Personally Tailored Conditions : Rather than facing a one-size-fits-all penalty, the conditions of deferred adjudication are often tailored to the defendant. Example requirements like counseling or local community service.
Opportunity for Redemption: The process allows individuals an opportunity to demonstrate their commitment to lawful behavior and personal growth. Successfully completing deferred adjudication can show that a past mistake does not define a person.

Deferred adjudication is complicated. Even in cases in which it might be a viable alternative, some prosecutors are hesitant to offer it to defendants. Professional legal counsel can make a difference. Indeed, a top Texas criminal defense attorney plays an indispensable role in this process. With deep knowledge of the state's legal intricacies, your lawyer will ensure that your rights are protected and that any potential deferred adjudication arrangement protects your best interests.

Be Proactive: Consult With a Texas Defense Attorney as Soon as Possible in Your Case

Taking swift action is paramount in any legal situation—especially if you are facing a criminal charge in Texas. The sooner you speak to an experienced Texas criminal defense lawyer, the better position you will be in to get justice. Early intervention allows your attorney ample time to assess the merits of your case, investigate the charges, gather evidence, and strategize all potential defense options, including alternatives to trial such as:

Fighting to get the case dismissed;
Negotiating a plea agreement; or
Secure deferred adjudication.

You do not have to take on the legal process alone. Our Richardson, TX, criminal defense attorney goes above and beyond to ensure that we provide legal representation that is narrowly tailored to meet the best interests of our clients.

Contact Our Richardson, TX, Criminal Defense Lawyer Today

At JBABB Law, our Richardson criminal defense attorney provides justice-driven legal representation that people and families can count on. If you or your loved one was arrested and charged with a crime, we are here to help you evaluate all of the alternative options. Give us a phone call now or contact us online to arrange your confidential consultation. From our Richardson office, we serve communities in Dallas County, Collin County, and throughout North Texas.

Defend Your Rights: The Importance of a Criminal Defense Attorney

Mon, 07 Aug 2023 15:08:52 GMT

Were you accused of committing a crime?

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Wipe Your Slate Clean: Clearing Criminal Records

Tue, 01 Aug 2023 17:20:47 GMT

Wipe Your Slate Clean: Clearing Criminal Records

Criminal records can affect you for many years, even if you were never actually convicted of an offense. There are many advantages to taking proactive steps to clean up your criminal records to the maximum extent available under the law. Texas has a complex process for the sealing of criminal records. At JBABB Law, we help people protect their good name. Our Richardson expunction attorney provides a comprehensive guide to the most important things that you need to know about wiping the slate clean and clearing your criminal records in Texas.

The Benefits of Cleaning Up Your Criminal Records in Texas

As a starting point, it is important to understand why you should actually bother with going through the process of clearing up your criminal records. There are tangible benefits to doing so. It is always in your best interests to take action to clean up your criminal records to the greatest extent possible after Texas state law. Here is a list of some of the most notable advantages:

Employment Opportunities: Many employers hesitate to hire individuals with a criminal record. A clean slate can broaden your employment prospects and may lead to higher wages.
Housing Options: Rental applications often inquire about criminal history. Expunging or sealing your records may improve your chances of securing rental housing.
Education and Scholarships: With a clear record, your opportunities for higher education and scholarships increase, as some institutions may deny admissions or scholarships based on criminal history.
Professional Licenses: Certain professions require licenses that are hard to obtain with a criminal record. Cleaning up your record can make obtaining these licenses more achievable.
Your Peace of Mind: Knowing that your past mistakes are not hanging over your head can lead to a sense of personal relief and growth.

Know the Law in Texas: Your Options for Clearing Criminal Records

In Texas, there are actually two distinct processes that can be used to clear up criminal records. Which option is the right one for you depends entirely on your specific situation. Here is an overview of the key things that you need to understand about your options under state law:

Expunction: As defined by the State Bar of Texas , expunction is a process in Texas that allows individuals to permanently remove information about an arrest, charge, or conviction from their criminal records. Expunction is typically available to individuals who were arrested but never charged, had their charges dismissed, or were acquitted at trial.
Non-Disclosure: In contrast, non-disclosure of a criminal record in Texas is the process of taking action to restrict the public's access to a specific criminal record. While the record still exists, it is made unavailable to certain private parties—potentially including such as employers and landlords. It is a legal option that is generally available to individuals who have successfully completed deferred adjudication probation for certain offenses.

Understanding Who Can Qualify for an Expunction or Non-Disclosure in Texas

It is crucial to understand that you do not have an automatic right to clean up criminal records in Texas. There are state-based legal requirements in place that will determine if (and when) you can take action to clean up your criminal records. The eligibility standards are different for expunction and non-disclosure. Here is a comprehensive overview of the key things to understand:

Eligibility for Expunction in Texas

As a general rule, you may qualify for the expunction of a criminal record in Texas if:

You were arrested but not charged with a crime;
You were arrested, charged, but your case was dismissed;
You were arrested, charged, but later were acquitted at trial; or
You were convicted of a crime, but later found to be actually innocent.

Eligibility for Non-Disclosure of Criminal Records in Texas

As a general rule, you may qualify for the non-disclosure of a criminal record in Texas if:

You have successfully completed deferred adjudication probation;
You have passed the waiting period after the completion of deferred adjudication, which varies based on the offense; and
You have no convictions for disqualifying criminal offenses during the relevant time frame.

How Texas Attorney Jason Babb Can Help You Clear Criminal Records

Cleaning up your criminal records in Texas offers the potential for major benefits. At the same time, navigating the process can be challenging. A lot of people have questions about whether they qualify, whether they should opt for an expunction or non-disclosure, and what exactly they need to do to get their petition to clean up their criminal records approved by the appropriate authorities. You do not have to figure out the process alone. At JBABB Law, our founding attorney Jason Babb is a top Texas criminal defense lawyer with extensive experience handling a comprehensive range of cases involving expunction and non-disclosure. We know how to get results for our clients. Among other things, our Richardson, TX defense team offers clients:

Expert Knowledge of Texas Law: Jason Babb’s expertise in Texas criminal law ensures that he understands the complexities of expunction and non-disclosure and can guide you through the legal intricacies. We navigate every step of the process—from ensuring that you know your options to handling all of the legal paperwork.
Thorough Case Evaluation: Our legal team is prepared to evaluate your case, help you understand your eligibility, and advise you on the best course of action to clean your record.
Reliable Legal Representation: Jason Babb can represent you in court, presenting evidence and arguments that support your request for expunction or non-disclosure.
A Personalized Approach: Recognizing that every case is unique, Jason Babb tailors his approach according to the specific circumstances of each client’s situation.

Contact Our Richardson, TX Criminal Defense Attorney Today

At JBABB Law, our Richardson criminal defense attorney has the skills and experience needed to take on the full range of expunction cases. If you have any specific questions or concerns about wiping the slate clean and clearing your criminal records in Texas, we can help. Contact us now for a fully confidential, no-obligation consultation. From our Richardson law office, our firm handles expunction cases in Dallas County, Collin County, and throughout all of North Texas.

Juvenile Felony Convictions: Long-Term Consequences

Fri, 09 Jun 2023 13:57:12 GMT

Young people—particularly teenagers—can get themselves into serious trouble.

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) notes that nearly 425,000 minors are arrested nationwide each year. A youthful indiscretion should not ruin your child’s future. It is crucial that they are able to effectively navigate the justice system.

Texas has a specialized process for juvenile criminal matters. That being said, a juvenile felony conviction is still a very serious charge that can carry bad long-term consequences. Here, our Richardson juvenile criminal defense lawyer explains the most important things that you should understand about the long-term adverse consequences of a juvenile felony conviction in Texas.

Defining a Juvenile in Texas (Ages 10 to 16)

Juvenile justice in Texas focuses on rehabilitation, with a strong emphasis on education, counseling, and community service as corrective measures. The aim is to offer the child an opportunity to learn from their mistakes without suffering the severe consequences that an adult would face in the criminal justice system.

In Texas, a juvenile is defined as an individual between the ages of 10 and 16. Unlike many states—where 18 is considered the age of adulthood for criminal purposes—Texas designates 17 as the threshold. What does that mean? A 17-year-old would face criminal proceedings as an adult. It is a legal distinction that is very significant as a 17-year-old can face far more harsh penalties.

Note: By law in Texas, children 9 years old and younger are considered to lack the capacity to have criminal intent. Any matter that they are involved in will not be handled by the criminal justice system. There could be family court implications. Though, the situation always matters.

Many Juvenile Criminal Matters are Handled With Delinquency Petition in Texas

In Texas, many juvenile criminal matters are addressed through a process involving a "delinquency petition." It is a petition that is essentially a formal document that begins the judicial process for a juvenile alleged to have committed a crime. In Texas, a delinquency petition is filed by a prosecutor. Among other things, it outlines the charges against the minor, the facts supporting those charges, and requests the court to adjudicate or make a decision about the juvenile's delinquency.

Once the delinquency petition is filed, the court conducts something called an "adjudication hearing." In Texas, an adjudication hearing is somewhat similar to a trial in the adult criminal justice system. Though, there are notable differences too. For example, it is less formal and usually closed to the public. If the juvenile is found to be delinquent, the court will move to the disposition phase, where it will determine the appropriate sanctions or treatment for the juvenile.

Key Point: The appropriate penalties in a juvenile delinquency case in Texas must also reflect the state's goal of rehabilitating rather than punishing young offenders. In most cases, there are options for rehabilitation available, including things like probation, restitution, community service, and therapy.

A Child 14 Years of Age or Older Could Be Charged as an Adult (Serious Felony Cases)

Under Texas law, a child who is 14 years of age or older and charged with a serious felony could potentially face adult charges. This process, often referred to as "waiver" or "certification" to adult court, is not automatic and occurs only under certain circumstances.

The court will consider several factors in deciding whether to certify a juvenile as an adult. These factors may include the seriousness of the alleged offense, the juvenile's prior delinquency record, the likelihood of rehabilitation within the juvenile system, and the protection of the public.

Note: If a juvenile is certified as an adult and subsequently convicted, they could face the same potential penalties as an adult, including incarceration in adult prison.

An Overview of the Long-Term Consequences of a Juvenile Felony Conviction in Texas

The long-term consequences of a juvenile felony conviction in Texas are substantial and far-reaching. Of course, direct criminal penalties always matter. In the very worst felony cases, they could include Texas Youth Commission commitment or even imprisonment in an adult facility. Beyond that, the penalties can extend beyond the direct consequences, and they can significantly impact a young person's future. Here are some potential long-term effects:

Educational Consequences: Juvenile convictions may lead to suspension or expulsion from school. Some colleges and universities may also deny admission based on a criminal record.
Employment Challenges: Many employers conduct background checks, and a criminal record could affect employment prospects and career advancement. Certain occupations may also be off-limits to individuals with felony convictions.
Housing Difficulties: Many landlords conduct criminal background checks. A felony conviction could affect housing opportunities, making it harder for the individual to find a place to live.
Loss of Rights : Depending on the nature of the felony conviction, an individual may lose certain civil rights, such as the right to vote or own a firearm.
Social Stigma: There is a significant social stigma associated with felony convictions that could affect personal relationships and social opportunities. A young person could have a permanent criminal record.

If your child or other underage loved one has already been convicted of a felony criminal offense, there may be options available to get his or her records expunged. An expungement allows for the effective sealing/erasing of criminal records. While it is always best to avoid a felony criminal conviction for a juvenile whenever possible, expungement can also help to protect a minor from the adverse long-term consequences of the offense.

Schedule a Confidential Consultation With Our Texas Juvenile Defense Lawyer Today

At JBABB Law, our Richardson, TX, juvenile defense lawyer is a compassionate, skilled advocate for young people facing difficult legal situations. Have questions about the long-term consequences of a juvenile felony conviction in Texas, we are here to help. Give us a call now or contact us online right away to arrange a strictly confidential initial appointment with an attorney. From our Richardson law office, we provide juvenile defense representation throughout the area.

Falsely Accused? Here is What You Need to Know

Tue, 16 May 2023 15:07:13 GMT

Were you falsely accused of a criminal offense? It is normal to feel frustrated, stressed, and even frightened about what to do next.

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How an Out of State DWI Can Affect Your Texas License

Mon, 23 Jul 2018 09:00:00 GMT

Each state maintains a department or agency that oversees the driving privileges of state residents. The Texas Department of Public Safety (DPS) holds that role in the lone star state. The DPS even handles Texas DWI license suspensions and could take similar actions against your license if you receive an out of state DWI or DUI.

An Interstate Agreement

The Interstate Driver License Compact (DLC) facilitates record sharing between states that are members of the compact, including Texas. This means, essentially, that another state’s licensing agency could notify the Texas DPS of a DWI conviction you picked up while traveling in another state. And, even if you received a conviction in another state, the DPS can still treat that offense as one you committed while in Texas.

One Driving Record

The DLC, however, does not dictate when and how a conviction in another state can affect your Texas license. All it does is make it easy for state licensing agencies to share information about convictions and suspensions. It operates under the principle of “one driver, one license, one record” even though driver licenses are state-issued.

It’s important to know that the Texas DPS will only suspend your license for an out of state conviction if your offense would have been illegal in the State of Texas. The specific law you broke must be equivalent to the law in Texas. For example, if you received a traffic ticket in California for an offense that was not illegal in Texas, the ticket would not automatically be transferred to your Texas driving record.

All states have DWI/DUI laws and share the same BAC (blood alcohol concentration) threshold of .08%. So, if you are convicted of a DWI in New Mexico and had a BAC of .08%, through the DLC, the Texas DPS could suspend your Texas driver’s license.

Underage DUI laws, however, vary from state to state. Texas is a zero-tolerance state , which means a minor caught driving with any traceable amount of alcohol in his or her blood could face DUI charges. Some states exercise more leniency for minors and require a BAC of .02% or higher for underage DUIs.

An out of state DWI could prompt the DPS to suspend your Texas driver’s license if the law you broke is equivalent to the law in Texas. Unfortunately, because Texas is a zero-tolerance state for minors , any out of state minor conviction of DUI is likely to affect your Texas license.

When in doubt about how an out of state DWI/DUI conviction could affect your Texas driving record and license, speak with a Dallas-Fort Worth DWI/DUI defense attorney about the consequences you could face back home. An attorney can explain what could happen to your license and potentially help you fight your suspension.

If you’re facing DWI/DUI charges and live in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to handle your case. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post How an Out of State DWI Can Affect Your Texas License appeared first on JBABB Criminal Defense Attorneys .

Are Traffic Tickets Just Revenue Producers?

Fri, 20 Jul 2018 09:00:00 GMT

Anyone who has faced an expensive Texas traffic citation has wondered just where does that money go? And how do all the extra fines, fees and penalties add up so quickly? Are traffic tickets simply revenue producers? For anyone who has had to break the bank for a traffic offense, understanding the breakdown of the true cost of a traffic ticket can shed light on the best method of dealing with tickets when they arise.

The Cost of Traffic Violations in Texas

Texas traffic tickets can be expensive, both in direct and indirect costs. A ticket for not having insurance could incur penalties, charges for late payment and contribute to increased insurance rates. The Texas Department of Public Safety (DPS) will also issue surcharges for driving record points and driving convictions. Under the Driver Responsibility Program, the DPS assesses the surcharges annually until the points drop off your record or for three years for a conviction. You must pay the surcharges to keep your license valid.

For example, you could have to pay a ticket of between $175 and $350 if the court convicts you of not having insurance. Add on another $260 per year for three years in DPS surcharges ($780), and that simple ticket will end up costing you $955 to $1,130 in fines alone, not to mention the increase in insurance rates you’ll face.

You’re Not Done Yet

Paying a traffic ticket doesn’t mean you’re done covering costs. By paying a traffic ticket, you are admitting guilt. The offense will go on your driving record and could count against you the next time you find yourself in traffic court. The same applies if you want to “sit out” your ticket by serving jail time instead of paying the fine.

When you consider these numerous factors, it’s easy to see why fighting your traffic ticket is often the most cost-effective way to deal with it.

Pay or Fight?

In reality, municipalities don’t profit as much as you’d think from traffic tickets. A lot of that money leaves the court’s hands as soon as you pay your ticket, headed directly to State government. Recent controversy over the use of highly lucrative red light cameras highlights this fact. For example, the city of Denton’s red light camera program netted only $668,000 from ticket revenues of $2.2 million after paying the State of Texas and the manufacturer of the red light camera technology, Redflex.

With only a fraction of your ticket cost going to funding for transportation improvements, fighting your ticket makes even more sense. You just have 20 business days after being issued the ticket to decide whether to pay (and admit guilt) or fight it. The good news is reviewing your case with a seasoned Dallas traffic ticket attorney can help alleviate some of your concerns. An attorney can go over the facts and circumstances of your offense and advise you on whether paying the ticket is wise. In many cases, it is a better investment of your time and money to contest the ticket. A clean driving record is worth protecting, especially in the State of Texas.

If you want to fight your ticket and protect your license in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to protect your license and keep your driving record clear. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Are Traffic Tickets Just Revenue Producers? appeared first on JBABB Criminal Defense Attorneys .

The Acquittal Outlook

Thu, 19 Jul 2018 09:00:00 GMT

Every criminal defendant heads into trial hoping for an acquittal. If acquitted, the defendant walks away with a clear name. Acquittal is the official finding that the defendant is not guilty of the charge as defined by the law. But acquittals are relatively rare, and most people have one primary concern when they are considering trial; what are my chances of being acquitted?

While answering this question with any level of accuracy would take an in-depth review of the facts of your case with a Texas criminal trial attorney, below are some of the factors that can influence your chances of acquittal .

Who Is the Decision-Maker?

In many cases, criminal defendants may decide who the decision-maker(s) will be. In a jury trial, the jury decides on the defendant’s guilt or innocence. The judge decides in a bench trial. And, unique to Texas criminal trials is that the defendant may have the option to have a jury determine his or her sentence, too.

A guilty verdict is far more likely at a jury trial than an acquittal. Jurors must come to an agreement based solely on the consideration of the arguments presented, the evidence and the rules of the law, which is explained by the judge.

The jury must come to a unanimous verdict , which could be difficult depending on the strength and credibility of the evidence. Conversely, civil trials only require five-sixths agreement from the jurors for a legally valid verdict. Evidence plays a significant role in helping juries come to a verdict. The burden of proof in criminal trials, which lands on the attorney for the State, is beyond a reasonable doubt. This is a very high standard of proof and one that isn’t always easily met. If the prosecuting attorney cannot meet this standard in your trial, the jury may acquit you.

To temper the chances the jurors are biased, both the defense attorney and the attorney for the state have a hand in the juror selection process, called voir dire. Ultimately, who has the authority to decide on your guilt or innocence and your sentence could impact your chances of acquittal at trial. A good Texas criminal trial attorney will be skilled in questioning and vetting ideal jurors for your specific case. Don’t overlook the importance of this process. When the odds are against you, every strength you can leverage can make a difference.

Appealing the Verdict

Another important thing to keep in mind is if you are not acquitted at trial, you have a right to take your case to the Texas Court of Criminal Appeals. The Court of Criminal Appeals has the authority to “overturn” the trial court’s decision. However, the appellate court will only be looking for procedural oversights and mistakes. It will not issue a verdict like the trial court would.

You should discuss the possibility of appealing your trial verdict with a criminal trial attorney. The majority of appeals do not fall in the defendant’s favor. On the same hand, the majority of trials result in guilty verdicts. But what matters more than statistics and odds are the specifics of your case. Speak with a Dallas criminal trial attorney about your chances of acquittal. In certain cases, trial is the best way to achieve a fair and just outcome.

If you’re facing criminal charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on how strong your case is and whether trial is right for you. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post The Acquittal Outlook appeared first on JBABB Criminal Defense Attorneys .

Street Patrol: iWatch Dallas and Mobile Crime Tipping

Wed, 18 Jul 2018 09:00:00 GMT

Community Watch and Mobile Crime Tipping

The population of Texas is currently estimated at a little over 28 million. And with roughly 77,800 licensed law enforcement officers in the State, it’s easy to see how many who commit crimes get away because law enforcement didn’t become involved. Mobile crime tipping, however, is changing that.

Texans can now report crimes as quickly as they can send a text. No more waiting on the non-emergency lines for hours. No more trips to the sheriff’s office. Today, you can report a crime by sending a quick text to a mobile crime tipping line. iWatch Dallas is one such crime tipping channel that allows citizens to report criminal activity in the Dallas area easily, quickly and anonymously.

Eyes on Texas

As a community awareness program, it relies on community members to step forward if they have knowledge of crimes or criminal activities. Although a law enforcement detective will review every “tip”, he or she may or may not pursue the lead. Law enforcement triages tips and other reports and responds appropriately.

Nevertheless, it’s important to be aware of this outlet and the risk it poses. Mobile crime tipping means eyes in the community can act as eyes of police officers, increasing the reach and scope of law enforcement. Is this bad? Not necessarily. But keep in mind; people falsely identify criminals every day, making this extended reach potentially risky to anyone who’s in the wrong place at the wrong time.

An Attorney Can Help Challenge the Credibility of Crime Tips and Testimony

If you are facing criminal charges in the Dallas area, contact a Dallas criminal defense attorney immediately. People do make false reports both intentionally and unintentionally. Not every crime tip will lead to the evidence needed to convict you. Therefore, it’s important to discuss your charges with an attorney to ensure your case—and your future—does not depend on spurious or incredible crime tips or witness testimony.

Each criminal case is unique. Moreover, not every case is valid, which is why it’s so crucial to work with a criminal defense attorney when facing any criminal charge in Texas. A Dallas -Fort Worth criminal defense attorney can thoroughly evaluate the evidence and advise you on how you can approach your defense and mitigate the consequences of your charges.

If you’re facing criminal charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on your rights and help you protect them. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Street Patrol: iWatch Dallas and Mobile Crime Tipping appeared first on JBABB Criminal Defense Attorneys .

How a Family Violence Conviction Can Affect Your Career

Tue, 17 Jul 2018 09:00:00 GMT

When Your Job Is on the Line

Many criminal convictions can potentially affect your career prospects or even cause you to lose your job. Family violence (i.e. domestic violence) convictions, in particular, can wreak havoc on your professional life. They tend to carry a greater stigma than other convictions and raise more red flags in the eyes of employers. And in some fields, you can even lose your professional license due to a family violence conviction .

If you are facing family violence charges in Texas, it’s wise to familiarize yourself with the ways a conviction can affect your career before you make any missteps in your case. While it’s always best to review the specific facts and circumstances of your case with a family violence attorney to get a good idea of what you could face, here’s some helpful information about how a family violence conviction can affect your career.

State-Licensed Employees

State-licensed employees include everyone from cosmetologists to electricians to teachers. The Texas Department of Licensing and Regulation (TDLR) runs background checks on all new license applications and renewal applications. It sets forth guidelines for determining whether license applicants are eligible based on their criminal convictions. The TDLR will forward any applications from candidates with a criminal conviction to an internal attorney for review. Generally speaking, TDLR will consider many factors, including:

The time that has passed since the commission of the crime, the work conduct of the applicant before and after committing the offense, the evidence of the applicant’s rehabilitation and the facts and circumstance surrounding the offense will also be top considerations.

The bottom line is a family violence conviction can potentially impact your eligibility to obtain or renew a state-issued professional license. But every case is unique, so discuss your situation with an attorney to identify what factors may impact your eligibility and what you can do to minimize their impact.

Employees who are not state licensed should know that they will likely need to discuss such a conviction many times over their professional career. Family violence convictions are treated as serious crimes against persons, which can cause any employer to think twice about hiring or promoting someone who has committed such an offense. You will not be able to remove a family violence conviction from your record, and employers in some fields may deny applicants with a family violence conviction if it would put other employees, clients or customers at risk.

The most important take away here is that a family violence conviction carries significant stigma due to the nature of the relationship between the alleged offender and the accuser and the acts that are seen as family violence in the eyes of the law. Any conviction for a crime such as assault family violence, assault, kidnapping or harassment can cause employers to see you as a liability, especially if you work with people or are in a customer-facing role. Also, the TDLR will run a criminal background check on all applicants, no matter the occupation.

Consult with a Dallas-Fort Worth family violence defense attorney if you are facing family violence charges and have concerns about your job. Don’t overlook the potential collateral consequences of a family violence conviction, which have a far broader scope than the court-imposed penalties. Involving an attorney in your case ensures you explore and consider all your options for fighting your charges and protecting your career.

If you are facing family violence charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to protect your freedom and your career. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post How a Family Violence Conviction Can Affect Your Career appeared first on JBABB Criminal Defense Attorneys .

Drug Possession Penalties: Does the Substance Matter?

Mon, 16 Jul 2018 09:00:00 GMT

Penalties for a drug possession conviction in Texas are—across the board—more severe than in other states. No matter the substance, you could potentially face steep fines, jail or prison time, a license suspension and even mandatory substance abuse treatment. And the greater the quantity, the greater the penalties.

While possession of a controlled substance is a single type of offense in Texas, it does not fall under a single statute under the Texas Health and Safety Code. Rather, the type of substance you were allegedly in possession of will determine—in part—the specific penalties you face. The quantity you possessed is the other primary determining factor.

Texas law identifies “ penalty groups ” of drugs. As the name would suggest, penalty groups influence the penalties for charges involving those drugs. The more serious the drug, the higher the penalties. To illustrate the difference in penalties for possession of a controlled substance, we’ve provided a few examples below.

Marijuana

You can be charged with a Class B misdemeanor if you possess less than two ounces of marijuana. The penalties include up to 180 days in a county jail, a fine of up to $2,000 or both, a six-month license suspension and probation . These are the minimum penalties for possession of a controlled substance. Possession of marijuana is treated somewhat less severely than possession of other controlled substances. Texans face harsh consequences if convicted, but possession of small amounts of marijuana is sometimes considered a “discretionary” arrest, meaning the officer can choose to cite the offender instead of putting him or her under arrest.

Prescription Drugs With Stimulant or Depressant Effects

Prescription drugs with the potential for abuse, such as Ritalin and Valium, lie in penalty group three. Possession of fewer than 28 grams of a penalty group three drug is punishable by one year in jail and the potential of a fine up to $4,000.

Cocaine

Possession of cocaine is a more serious charge, as it lies in penalty group one. Possession of less than one gram can be charged as a state jail felony . You can face up to two years in a state jail and a fine of up to $10,000, but first-time offenders may receive probation in lieu of incarceration.

Substance and Amount: What Matters

Depending on the drug you allegedly had in your possession , you could face misdemeanor or felony charges . But no matter the substance you are accused of being in possession of, you need to work closely with a seasoned Dallas-Fort Worth drug crime defense attorney when facing charges.

Due to the potentially severe consequences, it’s vital you involve an attorney early on in your case to ensure your rights are defended and you have the best chance at clearing your name. The laws on drug possession include a very specific definition of “possession” that the attorney for the state may or may not be able to prove in your case. Speak with an attorney before you make any decisions in your case to ensure you have the best defense possible.

If you are facing charges for possession of a controlled substance in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on how to defend your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Drug Possession Penalties: Does the Substance Matter? appeared first on JBABB Criminal Defense Attorneys .

Pros and Cons of Breath and Blood Tests

Fri, 13 Jul 2018 09:00:00 GMT

In most cases, law enforcement will ask you to submit to a BAC (blood alcohol concentration) test when arresting you for a DWI in Texas. Typically, the arresting officer must inform you of the consequences if you refuse a breath test, including a mandatory license suspension and the potential of a warrant to take your blood by force. Increasingly, people are refusing the breathalyzer test in favor of the blood test because they’ve heard the breath test is the less reliable of the two. Unfortunately, neither the blood or breath BAC tests are foolproof, but each has its pros and cons. Making the right decision when arrested for a DWI takes understanding both.

Breath Tests

Breath chemical tests are taken using a breathalyzer device. They analyze samples of “deep lung” or alveolar air from the alleged offender’s breath. The science behind breathalyzers assumes the evaporated alcohol in your breath is a direct reflection of that in your bloodstream, meaning the results are viewed interchangeably. In reality, breath tests are generally less accurate than blood tests because they do not directly measure blood alcohol content. Instead, they measure breath alcohol. They are also not conducted by trained laboratory professionals, as blood tests are.

Many factors can produce false positives in breath tests, such as your state of health, what medications you take, what you recently consumed or even what type of diet you are on. The unfortunate truth is if you submit to a breath test, the results might not be reliable. A seasoned Texas DWI attorney can usually challenge breath test results , however, as there are many known weaknesses in breath test science.

Blood Tests

Blood tests are run using a blood sample from the alleged offender. Blood draws are supposed to be taken by trained personnel in a laboratory environment. They must also be preserved, stored and analyzed according to a certain procedure. These stringent standards reduce the risk of degradation or contamination of the sample. Because BAC can be directly measured using a blood sample, many argue blood tests are more accurate and thus should be chosen over breath tests. It’s true; blood tests eliminate some of the varying factors that can produce false positives in breath tests. It may be more difficult, however, to challenge blood test results if you think they are inaccurate.

While neither the breath or the blood BAC test is 100% accurate, the good news is, regardless of which you took, an attorney might be able to help challenge the results. In an ideal situation, it’s best to consult with a Dallas DWI defense attorney before agreeing to submit to a breath or blood test. If you already took one or refused to submit to one, speak with a highly experienced Dallas DWI defense attorney about the consequences. Again, blood draws can be forced in some instances. Also, you face an automatic license suspension if you refuse to submit to a test. Discuss the details of your case with a DWI defense attorney to learn about the consequences you could face and how you can challenge the results of a BAC test.

If you need help fighting your DWI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will help you aggressively fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

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Insurance, License Reinstatement and Record Cleaning After a DWI

Thu, 12 Jul 2018 09:00:00 GMT

Your Criminal Record

In the past, a Texas DWI (even a first offense) would stay on your criminal record indefinitely. You would be required to disclose your conviction every time an employer, a landlord or even a lender asks for the rest of your life. With the recent passage of HB 3016 , however, certain first-time DWI offenders may petition the court for a Nondisclosure after an applicable waiting period (usually 2-5 years).

Petitioning for a Nondisclosure is a complicated legal process , however, especially if the court challenges it, meaning you will need to work with an attorney on this step. And, for at least a few years following your conviction, you must disclose your DWI when asked by employers, lenders, landlords, insurance companies and even some schools.

Getting Back on the Road

A DWI license suspension will remain on your Texas driving record permanently. Even after you reinstate your license, you will face increased insurance rates for several years.

Furthermore, Texas requires proof of financial responsibility following certain convictions or license suspensions, including DWIs. Proof of financial responsibility is better known as an SR-22 filing. SR-22 filings ensure drivers have the minimum level of liability insurance, and you must maintain it for two years following a DWI conviction.

While your car insurance carrier may cancel your policy for being a “high-risk” driver, some companies provide SR-22 filings exclusively, allowing you to maintain your current auto insurance policy and meet the Texas Department of Public Safety’s (DPS) SR-22 requirement. The DPS will also charge you an annual surcharge of $1,000 (for a first-time offense) to $2,000 for three years to maintain your license.

The bottom line is you should expect to face significant costs if you want to drive again after a DWI conviction. When you calculate the costs of increased insurance rates, the SR-22 filing and the DPS surcharges alone, you can begin to see just how costly moving on from your DWI can be.

Fight Your Charges Now, or Deal With the Consequences Later

Moving on from a DWI conviction isn’t as simple as you’d think. Unless you want to face the stigma of a DWI conviction for the rest of your life, you will have to head back to court a few years to ask the court to remove it from your record, and the judge could deny your request.

You will also face significant ongoing costs just to drive your car, which, for many, is a necessity. You could also face community service, DWI classes, a lengthy license suspension, jail time or even have to install an ignition interlock device in your car.

In sum, moving on from a DWI isn’t easy or cheap. Conversely, having an initial discussion about fighting your DWI charges with an attorney is easy and, typically, free. You owe it to yourself to fully explore your options for fighting your charges before you plead guilty. A Dallas-Fort Worth DWI defense attorney can give you the rundown of the potential penalties you could face and outline your options for beating your charges .

If you’re facing DWI/DUI charges and want to fight them in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action so you can avoid the lasting negative consequences of a conviction. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Insurance, License Reinstatement and Record Cleaning After a DWI appeared first on JBABB Criminal Defense Attorneys .

Ignition Interlock Devices: Inconvenience and Invasion

Wed, 11 Jul 2018 09:00:00 GMT

An Inconvenient Consequence

License suspensions are an unavoidable reality for all those with Texas DWI convictions. Perhaps the most life-altering consequence of a DWI, a license suspension can make it difficult if not impossible to get to work or school or take care of your family. Even when you reinstate your license after your suspension, the judge could order you to install an ignition interlock device in your car.

The Ins and Outs of IIDs

Ignition interlock devices (IIDs) are inconvenient and highly invasive. They work essentially as a breathalyzer, which is wired into the car’s ignition system. The motorist must blow into the device, and if there are any traces of alcohol on his or her breath, the device will prevent the ignition from firing. Defendants will typically be required to install an IID in every vehicle they own for one year following the initial license suspension.

Most first-time offenders will escape the ignition interlock requirement unless their blood alcohol concentration (BAC) was .15% or higher or they caused an accident, or injured or killed someone . Judges are more liberal with this specific penalty, however, when sentencing defendants with prior DWIs on their record, particularly if they have prior DWI convictions with high BACs.

Earning a Second Chance

First-time DWI offenders may be given an incentive; if they install and successfully use an IID in their car for six months, they can petition the court for a Nondisclosure . Nondisclosures effectively remove the conviction from your record. This is touted as a “second chance” for first-time DWI offenders who have a BAC of .08%-.14% and do not cause property damage or injure or kill anyone.

IIDs have proven to be effective in reducing DWI recidivism, which is an ongoing battle Texas law enforcement face. But they come at a significant cost in terms of money and time for defendants. Even with the new incentive for first-time DWI offenders, we still urge those facing DWI charges to speak with a DWI defense attorney prior to pleading.

You may think because an IID will allow you to petition for a Nondisclosure after six months that pleading guilty is your best option. In reality, the costs associated with a DWI, including court-mandated fines, increased insurance rates and numerous fees and surcharges to keep your license, are not worth it. It’s best to speak with a Dallas DWI defense attorney about your options before consigning yourself to six months or more of invasive monitoring.

If you’re facing charges for DWI/DUI in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Ignition Interlock Devices: Inconvenience and Invasion appeared first on JBABB Criminal Defense Attorneys .

What Happens if You Can’t Pay Your Court Fines?

Tue, 10 Jul 2018 09:00:00 GMT

In 2016, 95% of warrants Texas courts issued arose from unpaid court fines. While being in debt is not a crime in and of itself, failure to pay court fines can effectively land you in jail . If you are facing court fines, fees and penalties, being able to pay is a top concern. But if you can’t pay, what happens?

Facing the Penalties

When the court fines you for a traffic citation or a low-level offense, paying that fine is a penalty for your conviction. Like community service or jail time , you must pay those fines to satisfy the requirements of your sentence. If you don’t fulfill that requirement, you could potentially face jail time. You might be able to make payment arrangements, but you could incur additional fines if you default on your payment and don’t contact the court. You could also face arrest and even lose your license, which could affect your ability to make a living. In light of these facts, it’s easy to see how court-issued fines can effectively perpetuate the cycle of crime for defendants who lack financial resources.

Driven by recently passed legislation, Texas courts are making changes to give low-income defendants the break they need. To lessen the disproportionate burden court fines place on low-income Texans, judges must now offer low-income defendants community service in lieu of fines. Judges are also granted the power to reduce or waive fines if they would place an undue burden on the defendant.

Texas courts extend this option only to defendants convicted of low-level crimes. Defendants who do not qualify as low-income or those fined for more serious offenses (which typically carry more serious fines) could face arrest for failure to pay.

If you have unpaid court fines, even just a traffic ticket you forgot about , we can’t stress the importance of speaking with a Dallas traffic ticket and criminal defense attorney enough. Before you pay those fines, talk to an attorney about your options. By paying a traffic ticket, you are essentially pleading guilty, which results in a conviction. Even if you pay your fine, the Texas Department of Public Safety will add points to your driving record, and you could face surcharges and increased insurance rates. You could even lose your job if you are a CDL holder . If you have an unpaid court fine for a low-level offense, you could have a warrant out of your arrest . An attorney can play a crucial role here in getting you out of hot water without having the bear the burden of excessive court fines.

If you are facing court fines in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to clear your name and remove any warrants. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post What Happens if You Can’t Pay Your Court Fines? appeared first on JBABB Criminal Defense Attorneys .

First Steps After Hiring a Criminal Defense Attorney

Mon, 09 Jul 2018 09:00:00 GMT

You’re facing charges. You’ve hired a criminal defense attorney. And now you’re wondering what to do next. While your attorney might set to work building your defense, your job isn’t over yet. Keep these first steps after hiring a criminal defense attorney in mind if you want to maximize your chances of clearing your name.

Learn About Your Case

It’s crucial you familiarize yourself with your case process for your peace of mind and so there are no surprises. Ask your attorney what happens next and what you can expect in the coming weeks. Some criminal cases move slowly while others resolve relatively quickly. It all depends on how your attorney handles your case and the pace of the court.

Be Proactive

Depending on your charges, your attorney may ask you to do a few things. For example, if you are facing charges for a drug-related offense, your attorney will ask you to abstain from drugs and perhaps enroll in a substance abuse treatment program. Or, if you are facing family violence (i.e. domestic violence) charges, your attorney may ask you to enroll in an Anger Management Class or Battering Intervention and Prevention program. Be proactive, and stay involved in your case .

Prepare for Court

If you need to appear in court, now is the time to make sure you have something respectable to wear. Many defendants overlook the importance of appearance when in court. Men should wear suits, and women should wear business attire. This is especially true for trial. The prospective jurors should look at the defense table and think everyone sitting at it is a lawyer. They will only have this impression if you are dressed professionally.

Make Arrangements

Discuss with your attorney what could happen if you are convicted. Whether it’s through a plea bargain or at trial, a conviction means you will be sentenced. Your attorney can advise you on the likely consequences of your charges. For example, if your attorney anticipates you will be given some jail time , now is the time to look into incarceration alternatives. Similarly, if you are looking at a DWI conviction , start learning about what you will need to do to get your license back as soon as possible.

Learning about what to expect and preparing for it should be your focus right now. Trust us when we say you won’t want to be surprised with anything the judge says. It’s far better to inform yourself of what could happen in court beforehand. If you are at a point where you haven’t hired a criminal defense attorney or think your current attorney may not be the fighter you need right now, consult with a Dallas-Fort Worth criminal defense attorney with trial experience. It’s important to speak with an attorney who has experience fighting cases all the way because such an attorney will be best able to advise you on all your options and which is the best for you.

If you’re facing criminal charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post First Steps After Hiring a Criminal Defense Attorney appeared first on JBABB Criminal Defense Attorneys .

How Are Jurors Screened and Selected?

Fri, 06 Jul 2018 09:00:00 GMT

Assembling a Jury

Jurors must be selected carefully to be free from bias and prejudice and able to make reasonable and just decisions regarding the fate of defendants. But how does the court select jurors ? And what is the process through which they are given a chance to vote on someone’s future? Answering these questions is essential, as the fate of many lies in their hands.

Speaking the Truth

In Texas, jurors are selected in a process called voir dire , which is French for “to speak the truth.” In voir dire, the prosecuting attorney, defense attorney and judge question potential jurors. This questioning process is essential to maintain a just system. The questions seek to assess the jurors’ ability to make fair decisions based on the facts at hand. Specifically, impartiality is key here. The goal of the attorneys is to get the potential jurors to be open and honest about their feelings, attitudes and beliefs. While this process does take place in a courtroom, jurors are encouraged to speak their minds honestly. By doing so, the attorneys will have a chance to select the right jurors for the particular case.

Advantageous Selection

In addition to asking a series of questions, each attorney can go over the subject matter of the case, which can help them “weed out” those who might take a biased stance. This is the only chance the potential jurors will have to speak their mind, so your defense attorney must be prepared to take full advantage of it. Likewise, your attorney will need to know how to elicit honest feedback, which takes skillfully timed prompts.

Each attorney will have a limited number of chances to make peremptory challenges and challenges for cause. This means your defense attorney can “strike” selections made by the prosecuting attorney and vice versa.

If you are facing criminal charges, hiring the right Texas criminal defense attorney from the start is essential. Whether you plan on going to trial or not , find a defense attorney who has vast experience selecting jurors and trying criminal cases. Voir dire is a vital process and one that a criminal defense attorney worth his or her money will know how to navigate and leverage to your advantage and your advantage only.

If you want to fight your criminal charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to clear your name and protect your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post How Are Jurors Screened and Selected? appeared first on JBABB Criminal Defense Attorneys .

Defining Possession in Texas Drug Cases

Thu, 05 Jul 2018 09:00:00 GMT

Drug Possession Defined

Drug possession is a serious charge in Texas, bringing with it the potential for prison time and enormous fines. Due to the gravity of this type of charge, it’s vital to thoroughly understand every element of the crime as the court interprets it. Only from there can you build a strong defense. Let’s take a look at how Texas law defines possession of a controlled substance .

Under Texas statute, a person commits the offense of possession of a controlled substance if he or she:

Knowingly or intentionally possesses a controlled substance, unless the person obtained the substance directly from or under a valid prescription or order from a practitioner acting in the course of professional practice.

Now that you know the legal definition of possession of a controlled substance let’s review a few examples that illustrate this definition.

John obtained a prescription drug from his doctor at his doctor’s office. While the prescription was for a narcotic pain reliever, he cannot be charged with possession of a controlled substance.

The police found drugs in Jane’s car, but they were in her friend’s purse, which she left in Jane’s car by accident. Jane’s attorney could argue she did not knowingly or intentionally possess controlled substances.

Sam was found in possession of a controlled substance and claimed he had a valid prescription. In reality, his prescription was phony, which his friend who just graduated medical school wrote for him. Sam knew the prescription was fraudulent but filled it anyway. Sam could be charged with possession of a controlled substance.

The police found Mary with a controlled substance on her person. She did not have a valid prescription, and she mistakenly admitted it was hers during the arrest. Mary could be found guilty of possession of a controlled substance.

A Drug Possession Defense Attorney Can Defend Your Rights

Every possession of a controlled substance case is different. The facts and circumstances of your offense can significantly impact the consequences. Call a Dallas-Fort Worth drug crime defense attorney immediately if you are facing drug possession charges. An attorney may be able to fight your charges depending on the specifics of your case. The penalties for possession of a controlled substance are severe and vary greatly depending on the penalty group . Don’t face these charges alone. Find an advocate who knows how to defend this type of case.

The post Defining Possession in Texas Drug Cases appeared first on JBABB Criminal Defense Attorneys .

Top Tips to Avoid an Arrest This Summer

Tue, 03 Jul 2018 09:00:00 GMT

Summer means good food, good people and good times, nowhere truer than in Texas. But before you jump into your summer celebration plans in the Lone Star state, review these top tips to avoid an arrest this summer in Texas.

Find a Designated Driver

Before you head out to a BBQ, concert or day at the lake, make sure you have a designated driver. This is the single best way to avoid charges for drinking and driving. Uber and other ride-sharing services are a great backup. Similarly, always operate watercraft sober. You can be charged with a BWI ( boating while intoxicated ) if you are caught operating a boat while impaired by alcohol or drugs.

Keep It Respectable

Public intoxication is illegal in Texas if you are intoxicated to a degree that makes you a danger to yourself or others. With that in mind, try to stay composed whenever intoxicated in a public space. Don’t provoke other people or cause a scene. You never know who will call the cops. Even if you are responsible and choose not to drink and drive, follow pedestrian laws, as crossing or walking along the road illegally can land you in cuffs. Police officers can use their discretion when determining the degree of danger you pose, so always err on the side of caution.

Don’t Be in the Wrong Place at the Wrong Time

Even if you are an innocent bystander, try to steer clear of scenes where an arrest is likely. Think bar brawls or drunken confrontations at large public gatherings. Again, police officers have a wide range of discretion to use when arresting people. And if they arrive on the scene in the middle of a commotion, they may—and often do—arrest the wrong people. Even if your name is eventually cleared from a crime you didn’t commit, that arrest may still appear on your criminal record unless you take steps to have it removed.

Find Some Good Clean Fun

There is no shortage of ways to beat the heat and enjoy the Texas summer. But to avoid an arrest, be cautious when drinking, and avoid people who are likely to cause trouble. Summer typically means increased law enforcement presence near beaches, lake resorts, festivals and concerts. Above all, use your common sense. And call a Dallas-Fort Worth criminal defense attorney immediately if you are arrested .

If you are facing criminal charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action given your circumstances. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Top Tips to Avoid an Arrest This Summer appeared first on JBABB Criminal Defense Attorneys .

Home Illegally Searched? Here’s What You Can Do

Mon, 02 Jul 2018 09:00:00 GMT

What Are Your Protections?

The US Constitution protects us from unreasonable search and seizure , meaning the authorities cannot search your person or property without good cause. Nevertheless, police illegally search people and their homes every day. If the police searched your home unlawfully, here’s what you can do.

Determine the Legality

First, speak with an attorney to determine whether the police illegally searched your home. Unfortunately, Texas laws lend police officers significant discretion when it comes to searching and obtaining evidence. That said, the police do not necessarily need to show you a warrant to enter and search your home. A police officer can enter your home without a warrant under exigent (i.e. emergency) circumstances. Typically, they do this when they need to provide assistance or aid to someone in the domicile to protect his or her life.

Exceptions and Exemptions

An officer may also conduct a warrantless search with probable cause, pursuant to an arrest, if they reasonably believe the suspect is about to destroy evidence in the home, when in “hot pursuit” of a suspect or when doing a protective sweep of the home to ensure there are no people or weapons that could potentially endanger the officer.

Fighting Back

If you and your attorney determine you are a victim of an illegal search of your home, you can take steps to exercise your rights . Specifically, you can petition the court to have any unlawfully seized property released to you. You can also file a motion to suppress evidence, which is relatively common in criminal cases. If you are facing charges, and the prosecuting attorney has evidence that law enforcement illegally obtained, your attorney can request the court “suppress” it, meaning that evidence cannot be used against you.

Police make mistakes. They also can make poor judgment calls. And when they do, they might conduct a search unlawfully. But the power of law enforcement does not have to go unchecked. If your home was illegally searched, or if you want to learn about your rights, speak with a Dallas-Fort Worth criminal defense attorney promptly. Involving an attorney early on in these types of cases is essential if you want to stand up and defend your rights.

The post Home Illegally Searched? Here’s What You Can Do appeared first on JBABB Criminal Defense Attorneys .

How to Reinstate a Texas Driver’s License

Fri, 29 Jun 2018 20:22:00 GMT

Losing your license due to a conviction or traffic citation can put a wrench in your gears. But when you’re ready to get back on the road, here’s how to reinstate your Texas driver’s license.

Check Eligibility

First, you’ll want to check your reinstatement eligibility. You can do this by using the Texas Department of Public Safety’s online portal . This should give you any balance you owe for your offense, your eligibility status and any compliance documents you need to submit during the reinstatement process.

Pay Fees

Pay all fees and surcharges owed to the Texas Department of Public Safety (DPS). You must pay court-imposed fines to the court. You will not be able to reinstate your license until you’ve fulfilled all your financial obligations even if your suspension has ended. The offense that triggered the suspension will influence the fees you owe. The fee for the reinstatement alone is $125. You may also need to complete an SR-22 filing, which is your proof of financial responsibility. We recommend using http://www.conceptsr22.com for SR-22 insurance.

Submit Compliance Documents

After paying your fees, you will have to fill out and submit your compliance documents to the Texas DPS. You can mail or fax these or convert them to PDF and submit them via email. The specific documents you must complete will depend—in part—on the reason for your suspension. It can take up to 21 days for the DPS to process your reinstatement documents.

Fulfill any Additional Requirements

Please note these are the necessary steps for reinstating your Texas driver’s license. Depending on the reason for your suspension, you may need to complete other requirements . For example, if your license was suspended due to an alcohol or drug-related offense , you may need to complete an alcohol or drug education program. You may also have to install an ignition interlock device (IID) before you can reinstate your license.

Work With an Attorney for Quick and Easy Reinstatement

If your license is suspended, work with a Dallas-Fort Worth driver’s license defense attorney to get back on the road. If you are not eligible for reinstatement, talk to an attorney about your options . You may be able to apply for an Occupational Driver’s License so you can drive to work or school. An attorney can help you navigate the Texas DPS so you can get your driving privileges back as soon as possible.

If you need help getting your license back in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to get back on the road. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post How to Reinstate a Texas Driver’s License appeared first on JBABB Criminal Defense Attorneys .

Essential Tips for Hiring a Criminal Trial Attorney

Thu, 28 Jun 2018 09:00:00 GMT

Looking for Aggressive Legal Representation

Finding the right criminal trial attorney can be time-consuming. It’s bad enough you are facing criminal charges and are heading to trial. Now you are wading through listings of Texas criminal trial attorneys, each of which is vying for your business. But the real work lies ahead , so to make the process of finding the right criminal trial attorney for you easier, keep these essential tips in mind.

Look for Experience

Experience is one of the most important traits to look for in a criminal trial attorney. Ideally, find an attorney who has experience defending clients facing the same charges as you. This is essential because many criminal attorneys in Texas specialize in a few areas of criminal law. Don’t hire an attorney who handles mostly DWI trials if you are facing fraud charges. More experience means they know the ins and outs of defending your type of case and can produce the best results .

Go Local

Attorneys are state licensed. You’ll need an attorney licensed in the State of Texas if you are facing Texas criminal charges. But jurisdiction matters, too. Find an attorney who has tried cases in the same court that will try your case. You want an attorney who has worked in the same courtroom you’ll be appearing in and, ideally, one that has a good rapport with the judge and prosecuting attorney who are now your adversaries. So, if you are facing charges in the DFW Area, look for an attorney who practices in the DFW Area.

That Personal Touch

You’ll also want to find an attorney you are comfortable with on a personal level. If you can’t be open and honest with an attorney, you won’t fair well at trial. Consult with prospective attorneys over the phone or in person to get a feel for whether you want to work with them. You’ll want to find an attorney who can provide clear explanations and talks to you with respect. Also, it helps immensely for your attorney to genuinely care about the outcome of your case and the effect it will have on your life.

The Right Criminal Trial Attorney Makes all the Difference

Finding the right criminal trial attorney takes a little patience and sound guidance. We hope the above tips can help you select an attorney you feel comfortable with and who can competently represent you at trial, if necessary. Remember, this is your future at stake. Make sure you find a Texas criminal trial attorney who has the experience and resolve needed to fight your charges.

If you’re facing criminal charges or want to go to trial in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action so you can move on with your life. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Essential Tips for Hiring a Criminal Trial Attorney appeared first on JBABB Criminal Defense Attorneys .

Refuse the BAC Test? Here’s What to Expect

Wed, 27 Jun 2018 09:00:00 GMT

Implied Consent

Under Texas’s implied consent law, all Texas drivers arrested for a DWI must submit to a BAC (blood alcohol content) test. To give you some much-needed guidance on this little-understood area of DWI law, here’s what to expect if you refuse a BAC test.

The Police Should Inform You

First, you should expect the arresting officer to inform you of the consequences of test refusal. Officers must warn you of what will happen if you refuse before accepting an official test. If the arresting officer did not inform you of the consequences, you should reach out to a Texas DWI defense attorney right away. Your refusal might not have the same implications if your arresting officer did not inform you of your rights and responsibilities pertaining to BAC tests.

What Are the Consequences?

If you refuse after being informed of the consequences, Texas Department of Public Safety will administratively move to suspend your license for 180-days. This is the consequence for a first refusal. If you have an alcohol or drug-related contact within the previous ten years, you will face an automatic two-year license suspension. These administrative suspensions are separate from any court-imposed suspension that may result from a criminal conviction. However, a judge may give credit for these suspensions if you are later convicted in the criminal proceeding for the DWI.

How to Fight a License Suspension for a Refusal

These administrative license suspensions for a BAC refusal go into effect automatically if you do not request an ALR hearing within 15 days. Always request a hearing! This is your one chance to fight your license suspension. If you refuse a BAC test in Texas, do not give up hope yet. Consult with an experienced Dallas-Fort Worth DWI defense attorney immediately after your arrest. An attorney can jump into action and request a hearing date at which you can contest your suspension. You only have a limited number of days after your arrest in which to request a hearing, so call an attorney right away.

If you’re facing charges for DWI/DUI in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to clear your name. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Refuse the BAC Test? Here’s What to Expect appeared first on JBABB Criminal Defense Attorneys .

The Consequences of Probation Revocation in Texas

Tue, 26 Jun 2018 20:12:00 GMT

Facing Probation Revocation

Adhering to the terms of your probation (i.e., community supervision) can be challenging. If you can’t meet that challenge, the judge can revoke your probation, the potential consequences of which can be staggering. Thus, if you are on probation, you should take a minute to learn about the ramifications of probation revocation in Texas .

One Misstep Can Hurt You

Many people consider probation as a “get out of jail free” card. Instead of serving time behind bars, you get to remain in your community, albeit under the close watch of the state. But step out of line , even just once, and you could face the full force of your original sentence.

Type of Probation

Typically, the consequences of probation revocation in Texas depend—in part—on the type of probation the judge put you on: deferred adjudication or “straight” probation. Deferred adjudication means the judge suspends your adjudication until you complete your probation. Straight probation means the judge adjudicated you and placed you on probation.

If you were already adjudicated and put on straight probation, meaning your charges are not pending, this usually means the judge “probated” your jail sentence . If you fail to adhere to the terms of your probation, however, the judge can revoke your probation and impose your original sentence.

If you received deferred adjudication, however, this means the judge did not adjudicate you. If your probation is revoked, you could face the full range of sentencing available. For example, if you were facing ten years in jail and the judge put you on deferred adjudication probation, you could be sentenced to that full ten years if the judge revokes your probation.

Violated Probation? Don’t Go to Your Hearing Alone

The specific consequences you’ll face for a probation revocation will depend on what kind of probation the judge placed you on and other facts and circumstances of your case. The good news is you are entitled to a hearing before the judge can revoke your probation. You have a right to defend yourself . While probation revocation hearings differ from criminal proceedings in many ways, a Texas criminal defense attorney can still help you defend yourself and fight to keep your probation.

If you are on probation and need a legal advocate in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to minimize the consequences of your violation. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post The Consequences of Probation Revocation in Texas appeared first on JBABB Criminal Defense Attorneys .

Why Hiring a Defense Attorney Is a Better Investment Than You Think

Tue, 19 Jun 2018 09:00:00 GMT

Investing in Your Defense

When faced with criminal charges, money is often a top concern. Fines for a criminal conviction can be exorbitant, but the costs of a criminal defense attorney can seem out of reach, too. Even so, hiring a criminal defense attorney is an investment in your future. If you’re not convinced or are on the fence about hiring an attorney to fight your Texas criminal charges, consider these points.

Paying for Protection

A criminal defense attorney can do many things for you, one of the most important of which is protecting your rights. This isn’t to say you can’t protect your own rights, but consider whether you really know and understand how to do that. Our experience in watching pro se defendants attempt this over the years leads me to conclude they do not. A defense attorney will understand how to protect your rights and—more importantly—leverage them to strengthen your defense.

Weighing the Costs of a Conviction

The costs of a criminal conviction might not be apparent to you at this time. Aside from any court-imposed statutory fines for your conviction, you may be ordered to pay other costs. For example, the court could order you to pay restitution, make a payment to Crime Stoppers and pay ongoing supervision fees. If you factor in potential discrimination on the job market or the chance you could even lose your job, you can begin to see how expensive a conviction really is.

Knowledge Is Power

When you hire a defense attorney, you are paying for that attorney’s knowledge. And that knowledge isn’t limited to what he or she learned in law school. In fact, you are paying for that attorney’s knowledge of Texas statutes and how to interpret them, how to navigate courtroom rules and trial procedures and how to employ negotiation tactics. Although normally not very effective, you can try to bone up on legal information at the library or online, but you can’t learn how to successfully defend cases without years of hands-on experience (it’s the equivalent of simply reading a manual in order to perform surgery on yourself). And that knowledge is powerful because without it you have a slim chance of getting the best possible outcome in your case. The legal system is not user-friendly, so when facing criminal charges, it’s unwise to go DIY. It’s simple: pay now or pay more later. And later you most likely will not be able to change the outcome.

Consult With a Defense Attorney to Learn More

If you are facing charges, you need to consult with a Dallas-Fort Worth criminal defense attorney . Many attorneys in the Dallas area offer free consultations wherein they can provide you basic information that can help you better understand your case. There is no excuse not to tap into this valuable source of knowledge! Discuss the details of the charges you face and learn about your options . Make sure you also discuss the potential consequences of a conviction. From there, you can make an informed decision about how to invest in your future.

The post Why Hiring a Defense Attorney Is a Better Investment Than You Think appeared first on JBABB Criminal Defense Attorneys .

Top Tips for Job Searching With a Texas Criminal Record

Mon, 18 Jun 2018 09:00:00 GMT

Looking for a Job With a Texas Criminal Record

If you are searching for a job and have a Texas criminal record, chances are good a prospective employer will discover it. More and more employers are turning to commercial background checks to quickly screen applicants that may be a “liability.” This makes their job of assessing candidates easier and lower risk. In reality, they could be denying highly qualified applicants due to an indiscretion of theirs in the past. Therefore, if you are job searching with a Texas criminal record, you could face undue discrimination. To help you overcome any barriers to employment you might face with a criminal record, keep these tips in mind.

Know What’s On Your Record

Request a copy of your Texas criminal record so you know what employers can see. It is not uncommon for people to discover inaccuracies on their criminal background check. Unfortunately, they often don’t find out until they’ve lost a job opportunity.

Know What You Have to Disclose

Another essential tip is to be 100% honest when applying for jobs. If a prospective employer requires you to disclose a criminal conviction at some point in the application process, do so truthfully. If you lie on an application and the employer finds out, you probably have zero chance of getting the job. Please note employers must gain your permission to run a criminal background check on you. You have a right to deny them that liberty, but they have a right to not offer you the job as a result.

Know Your Protections

Federal law provides job applicants certain protections. In general, federal law limits when and how an employer may use information about an applicant’s criminal background in the hiring process. Blanket policies that automatically discriminate against applicants with a criminal record are illegal for most private employers. Similarly, an employer may not use an arrest that did not end in a conviction as reason alone to deny you a job, a promotion or fire you.

Work With an Attorney to Counter Discrimination

There is no way around it; if you have a Texas criminal record, you could miss out on great job opportunities. But with a little bit of knowledge and a few extra steps, you can help counter discrimination and overcome the odds on your job search. Consult with a Dallas-Fort Worth criminal defense attorney if you are facing charges or are looking for a job and have a prior conviction. An attorney can help you explore your options for cleaning your record or keeping it clean before it’s too late.

If you have a Texas criminal record and are looking for a job in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to clear your name and protect your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Top Tips for Job Searching With a Texas Criminal Record appeared first on JBABB Criminal Defense Attorneys .

Blood Alcohol Concentration: Why It’s Tested and How It Affects Your Case

Fri, 15 Jun 2018 09:00:00 GMT

Measuring Blood Alcohol Concentration

Blood alcohol concentration (BAC) is a measurement of the percent of alcohol in your blood by volume. Typically, BAC is assessed using a breath or blood test. In Texas, a BAC of .08% is the threshold of legal intoxication. Thus, if you are caught driving with a BAC of .08% or higher, you can face charges for driving while intoxicated (DWI.) Other methods of assessing intoxication, such as field sobriety tests, are far more subjective. Because blood alcohol theory is backed by science, the criminal court system relies heavily on these tests results when prosecuting DWI cases.

Accurate or Approximate?

To generalize, BAC test results serve as evidence of intoxication (or lack thereof). Indeed, BAC test results can make some cases appear open and shut. Many drivers who “blow” a .08% or higher on a breathalyzer test convince themselves there is no hope. In reality, BAC test results are not infallible. The method through which the test is administered, the equipment or materials used to collect the sample and the analysis procedure can impact the accuracy and reliability of BAC tests.

The BAC Test

In most cases, Texas law enforcement will require a DWI suspect to submit to a BAC test either by providing a “deep lung” air sample via a breathalyzer machine or by a blood draw, which is obtained and analyzed in a lab. Refusing to submit to a BAC test has consequences under Texas’ implied consent law. The implied consent law requires all drivers arrested for a DWI to submit to a BAC test, also called a chemical test. If you refuse, you will potentially face an automatic license suspension , separate from any court-imposed license suspension for a conviction. However, if you request a hearing within 15 days of refusing to submit to either a breath or blood test, then your license may not be suspended. Also, law enforcement can obtain a warrant from a magistrate ordering you to provide a blood sample. A refusal to submit to a blood draw in compliance with a warrant permits law enforcement to withdraw your blood using force, if necessary, so it is highly recommended that you submit to a blood draw after law enforcement has obtained a warrant and presented it to you. You can always challenge the probable cause for obtaining the warrant at a later date.

No Matter Your BAC, an Experienced Attorney Can Help

Refusing to take a BAC test can limit the evidence the prosecution has to use against you in your case. However, your refusal to submit to a test will result in an automatic license suspension. And, it’s crucial to understand that even in absence of a BAC test, you can still be convicted . The prosecution has to prove you were driving while intoxicated, and there are other, albeit less objective, methods to accomplish this. Due to these factors, it’s vital you work closely with a highly experienced Dallas-Fort Worth DWI defense attorney if you are facing DWI charges. Even if you think you are as good as guilty, an attorney can probably point out you have more options and leverage than you think.

If you’re facing DWI or DUI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Blood Alcohol Concentration: Why It’s Tested and How It Affects Your Case appeared first on JBABB Criminal Defense Attorneys .

Can an Arrest Trigger Immigration Consequences in Texas?

Thu, 14 Jun 2018 09:00:00 GMT

If you are not a US citizen, one false move can place your ability to remain in this country in danger. Noncitizens can face deportation or inadmissibility if convicted of certain crimes . Unfortunately, even just an arrest can raise a red flag to authorities and could potentially affect your legal status in the US. You can help prevent that from happening by learning a little about your rights and the procedures for detaining and prosecuting noncitizens.

Know Your Rights

If you are arrested, you have a right to remain silent. Local law enforcement is permitted to ask about a lawfully arrested individual’s immigration status , but you have a right to refuse to answer. No matter the circumstances, it’s best to invoke your right to remain silent, decline answering questions about your legal status in the US and say you’d like to speak with an attorney.

Triggering Interest and Immigration Consequences

After an arrest, you may be booked into a county jail. During the booking process, your fingerprints will be taken, which then follow a chain of command to the US Department of Homeland Security. At that point, US Immigration and Customs Enforcement ( ICE ) can issue a detainer request to hold you in custody for up to 48 hours or ask to be notified when you are released. This most commonly occurs after the booking process and identify verification, but ICE can issue detainers at any point when you’re in custody.

Also please note that federal authorities are cracking down hard on specific criminal activities, such as drug and human trafficking. If you are arrested for one of these offenses, you could face swift action from the federal government. While many offenses can trigger deportation, high-watch ones like drug trafficking usher in more aggressive action.

Trouble in Custody

Facing criminal proceedings as a noncitizen can be fraught with complications, due in part to the involvement of both state and federal authorities. And it could become even more complicated when you’re released from jail. Paying your bond to the county court will secure your release from county jail. If ICE issued a detainer or was notified of your release, however, you could be picked up and taken to an immigration detention facility. In light of this fact, try to speak with an attorney before you are released.

When Removal Proceedings Can Start

Removal proceedings can be initiated at any point while you are facing criminal charges, even while you are still in local custody. And whether you are convicted or found not guilty, incarcerated or put on deferred adjudication, ICE can detain you. The interplay between state and federal authorities is problematic, as local law enforcement retain certain rights regarding their decision to cooperate with ICE. But those rights are under fire and are actively being fought against.

Get a Legal Advocate on Your Side

The bottom line is an arrest can trigger immigration consequences, potentially even if you have a green card or a visa. Don’t face criminal charges alone if you don’t have full citizenship. Contact a Dallas-Fort Worth criminal defense attorney immediately if you’ve been arrested. Do not wait until charges are filed or you are released. Promptly involving a criminal defense attorney is the only way to ensure you have every possible chance of avoiding immigration consequences and preserving your legal status in the US.

If you are facing charges for a crime in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on how to defend your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Can an Arrest Trigger Immigration Consequences in Texas? appeared first on JBABB Criminal Defense Attorneys .

Defining the Family Violence Victim in Texas

Wed, 13 Jun 2018 09:00:00 GMT

What Is a Family Violence Victim in Texas?

Texas family violence (i.e. domestic violence) laws utilize a broad definition of “family.” Many defendants are surprised to find they are facing family violence charges when the other participant in the conflict was not a spouse. In reality, family violence can occur between many family and household members other than spouses, expanding the reach and devastation a family violence conviction can have. It helps to define family violence under Texas statute and who are family violence “victims.” Without such a clarification, it can be difficult to know what you are up against when facing family violence charges .

Family Violence Explained

Texas statute defines family violence as “An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.”

Modern families come in all configurations that transcend traditional roles, ties of relation and even households. While this definition is indeed broad, it does us no good unless we know who a family or household member is.

Under Texas Family Code §71.003 , a family member is:

An individual related by consanguinity or affinity (i.e. blood relation or through marriage), an individual who is a former spouse, the parent of your child, regardless of marital status, or a foster parent and foster child, irrespective of whether those individuals reside together.

Under Texas Family Code 71.005, a household is:

A unit composed of people living together in the same dwelling, without regard to whether they are related to each other.

Don’t Fight These Charges Alone

I hear of many defendants facing criminal charges involving family violence shrug off the seriousness of their outlook. Many think as long as the accuser recants and agrees to “drop the charges” that their name will be cleared. This is not the case. Once the district attorney’s office files charges, there is little the accuser can do to stop the process. And if the accuser is a family or household member as defined by Texas statute, you have your work cut out for you.

The good news is a skilled Texas family violence defense attorney might be able to obtain a dismissal. These cases are rarely open and shut. To convict you of family violence, the prosecution must prove certain elements beyond a reasonable doubt, such as intent and your relationship to the accuser. A seasoned attorney could potentially challenge either of these elements. Consult with a Dallas-Fort Worth family violence defense attorney with experience handling these types of cases. Inquire about the options he or she might suggest and their track record of success. It’s important to always fight family violence charges due to the long-term ramifications of a conviction.

If you are facing charges for family violence in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action given your circumstances. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Defining the Family Violence Victim in Texas appeared first on JBABB Criminal Defense Attorneys .

Car Searches: When They’re Legal and When They’re Not

Tue, 12 Jun 2018 09:00:00 GMT

Search Standards

Typically, law enforcement must have a warrant to search your person or property. Cars present a unique exception where police don’t necessarily need a search warrant for numerous reasons. Because vehicles are mobile, law enforcement might not have a reasonable amount of time to obtain a warrant before the “property” (i.e. the car) is gone. Likewise, because traffic stops are conducted on public roadways, the driver should not have an expectation for the kind of privacy of one’s own home. This expectation of privacy is a key legal test used to uphold the Fourth Amendment, which protects us from warrantless search and seizure. For these reasons, law enforcement can potentially conduct legal car searches without a warrant under the following circumstances.

Probable Cause and Car Searches

Like any situation where police want to conduct a search, whether or not a warrant is needed, the police must have probable cause, which is a reasonable suspicion a crime has been, is being or is about to be committed. For example, if a police officer sees drug paraphernalia in plain sight in the vehicle, he or she could have a reasonable suspicion that criminal activity had, was or was about to take place. In light of reasonable suspicion, law enforcement could potentially conduct a legal search of a vehicle without a warrant.

Consent

An officer may conduct legal car searches—or search of any property—with the driver’s consent. If a police officer asks you to provide consent, and it’s wise to always say NO and then invoke your right to remain silent . Saying NO does not indicate guilt, and it can protect your rights. A word of caution: do so politely!

After an Arrest

Police may potentially search a car without a warrant incident to an arrest. However, the suspect must be unsecured and have the potential to access what is in the car. An officer may also conduct a search if he or she believes there could be evidence in the car related to the arrest.

Presence of Weapons

If an officer can view weapons in the car in plain sight, he or she may conduct a legal search if he or she believes the suspect could be dangerous and access the weapons.

Taking Inventory

After a car is legally impounded, an officer may perform what is called an “inventory search” to inventory the contents of the car, according to standard policy.

Protect Your Constitutional Rights; Call an Attorney

In the absence of one of these scenarios, a law enforcement officer cannot conduct a legal car search. If police search your car, you should consult with a Dallas-Fort Worth criminal defense attorney about your rights. Explain the circumstances of the search in detail. A seasoned attorney will be able to advise you on whether the search was likely legal or not and what you can do if your car was illegally searched and evidence was seized. Typically, evidence unlawfully seized can potentially be inadmissible at trial.

The post Car Searches: When They’re Legal and When They’re Not appeared first on JBABB Criminal Defense Attorneys .

What Is a Grand Jury Indictment?

Mon, 11 Jun 2018 09:00:00 GMT

Filing Felony Charges

The process through which criminal charges are filed against a defendant is governed by rules and procedures that ensure efficiency and protect the defendant’s constitutional rights. For felony charges in Texas , this process involves a grand jury indictment.

The Grand Jury Indictment Process

Unlike misdemeanor charges, which are brought on by an “information” and complaint, felony charges must be brought on by a grand jury indictment, meaning the charge(s) must be brought before a grand jury of 12 jurors, who then submit a vote on the charges.

The prosecutor—the attorney for the State—is tasked with persuading the jury that probable cause is established. He or she will typically do this by explaining the law that pertains to the offense to the jurors. The jury can then obtain and review evidence and even question witnesses if it feels it is necessary to come to a vote. The prosecutor must persuade nine out of the 12 jurors. If at least nine vote for the indictment, the prosecutor can continue with filing the charges, which is called a “true bill.” Unless nine jurors are persuaded, the prosecutor cannot go through with the charges, which is called a “no bill.” The indictment itself is a statement written by the jury that accuses the alleged offender of the crime.

Indictment Proceedings

The grand jury is just one step in the criminal prosecution process. These proceedings are a little less formal than criminal trial proceedings in that they are closed to the public, confidential and exclude the defendant. But, similar to a jury trial, the proceedings and testimony are recorded for the court’s record, and the prosecutor may use information gained in the proceedings for any future criminal trial for the offense in question. The prosecutor must abide by numerous rules and procedures during the grand jury proceedings. But he or she can also disagree with the jury’s decision or its interpretation of the facts and potentially attempt the grand jury indictment process again.

Facing Felony Charges? Involve an Attorney Before It’s Too Late

A grand jury indictment sounds serious, and it is. Texas felony charges of any nature or degree are severe and can have significant repercussions for the defendant. To ensure a fair and just system, jurors are called upon to review the same evidence the prosecutor has and weigh in on the matter. But a grand jury indictment is not the same as a jury trial. The defendant does not have a right to participate or be involved in the jury proceedings. The good news is an experienced Texas criminal defense attorney can step in and potentially influence the case before charges are even filed.

If you need help fighting your felony charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post What Is a Grand Jury Indictment? appeared first on JBABB Criminal Defense Attorneys .

Offenses Ineligible for Nondisclosure in Texas

Fri, 08 Jun 2018 09:00:00 GMT

The Benefits of Nondisclosure in Texas

An Order of Nondisclosure can relieve those with criminal records of the requirement to disclose specific pieces of information about their criminal background on job applications . It also prohibits public agencies from releasing information about an offense for which you obtained a Nondisclosure.

While this may seem like a minor benefit for a complicated legal process, this type of relief is more valuable than ever. Employers increasingly turn to background checks to screen applicants. It’s easy, quick and cheap. Obtaining a Nondisclosure for a conviction means a potential employer will consider you based on merit rather than a mistake made in your past. But not all offenses are eligible for Nondisclosures. Thus, it’s important to understand the benefits and limitations of Nondisclosures before you begin the process.

You may not obtain a Nondisclosure for any of the following offenses, or if you were ever convicted of or placed on deferred adjudication for:

Offenses that Require Sex Offender Registration

If you were convicted of an offense that requires you to register as a sex offender in Texas , that offense is ineligible for a Nondisclosure. You cannot remove that offense or information about that offense from your record. Hence, you must also disclose such an offense if an employer inquires about your criminal background.

Aggravated Kidnapping

You are ineligible to obtain a Nondisclosure for an offense of aggravated kidnapping, as defined under Texas Penal Code § 20.04.

Offenses Under the Following Texas Penal Codes

Offenses Involving Family Violence

An Attorney Can Help You Obtain a Nondisclosure in Texas

Obtaining a Nondisclosure in Texas for any conviction will become impossible if you are convicted of one of the above offenses at any point in the future. Typically, employers in Texas have the right to reject applicants based on their criminal background. Furthermore, employers view these offenses in particular as red flags due to their nature. Consequently, you need to contact a seasoned Dallas-Fort Worth criminal defense attorney immediately if you are facing charges for any of these offenses. Fighting these charges is the only way to keep them off your record and preserve your ability to obtain Nondisclosures for future (eligible) offenses. If your offense is eligible for a Nondisclosure, an attorney can walk you through the process for best results.

If you’re facing criminal charges or want to move on from a past conviction in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action so you can move on with your life. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Offenses Ineligible for Nondisclosure in Texas appeared first on JBABB Criminal Defense Attorneys .

The Effect of an Affirmative Finding of Family Violence (AFV)

Thu, 07 Jun 2018 09:00:00 GMT

The Aftermath of Family Violence

A conviction for an offense involving family violence can restrict your rights, affect your employment prospects and raise the stakes should you commit a subsequent offense. And those consequences are not limited to assault family violence convictions. A judge may also make an affirmative finding of family violence (AFV) in cases such as assault or sexual assault if the evidence establishes family violence was involved. Regardless of your specific charge, an AFV will remain a blemish on your criminal record indefinitely. Understanding the effects of an AFV requires we first understand how Texas defines family violence.

Under Texas Family Code §71.004, family violence is:

An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.

Enter the AFV

Certain offenses necessarily indicate family violence (e.g. assault family violence). But many other crimes against persons can involve family violence, such as assault, sexual assault and unlawful restraint but are not exclusively designated as family violence offenses. If convicted of any offense under Title 5 of the Texas Penal Code, however, the court can include an AFV in the judgment , which means family violence was involved. The AFV is then noted in your record and can have the same effects as a conviction for a family violence offense, including:

If the judge makes an AFV or the crime involves family violence in any way, the defendant is ineligible to petition for an Order of Nondisclosure for that specific offense or any subsequent offenses, no matter the nature. Please note that the judge is not required to make an AFV to render a defendant ineligible for a Nondisclosure. Trust us when we tell you this consequence alone is reason enough to fight your charges to the fullest extent. Unfortunately, the adverse effects of an AFV do not stop there.

The court can also use a prior conviction with an AFV as cause to enhance the sentencing for any future offense involving family violence. If you are convicted of sexual assault, for example, where the judgment included an AFV, you could face an “enhanced” (i.e. harsher) sentence if you committed another offense involving family violence in the future. Typically, this means your offense will be charged as a felony .

Among the other collateral consequences of an AFV include:

Facing Charges for a Crime Involving Family Violence? Find a Legal Advocate Now!

AFV is sometimes used as an enhancement in assault cases, which raises the stakes of the conviction. If you are facing charges for a family violence offense, assault or any crime against persons, you need to contact an experienced Dallas-Fort Worth family violence defense attorney immediately. These cases are worth fighting due to the tremendous potential to damage your reputation and limit your rights. A seasoned family violence defense attorney can evaluate your case and advise you how to proceed with the goal of avoiding a family violence conviction or an AFV and the dire consequences that follow.

If you’re facing charges for a crime involving family violence in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to clear your name. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post The Effect of an Affirmative Finding of Family Violence (AFV) appeared first on JBABB Criminal Defense Attorneys .

The Fight to Change the Dallas County Bail System

Wed, 06 Jun 2018 09:00:00 GMT

A Look at Dallas County Bail

Many critics argue Dallas County needs an urgent bail reform. Magistrates set a bond based on factors such as the seriousness of the charges and the defendant’s prior criminal history. Other crucial factors, such as the defendant’s ability to pay and the security risk they pose, go by the wayside. Proponents of bail reform argue this system needs to change. They argue considering the defendant’s ability to pay and using better risk assessment tools can lift the burden on the poor and keep higher-risk offenders behind bars.

An Oppressive Approach

With the current approach, financial resources are all that separates those who have to wait in jail until trial and those who can be released and return home to their family. Accordingly, some critics argue the Dallas County bail system is used as an instrument of oppression. They call for a more holistic assessment of the defendant, which could result in fairer bond setting practices. Such a reform would come at the cost of time and personnel resources. And many argue lowering bond amounts will only work to put more dangerous criminals on the street. The fatal shooting of Dallas police officer Rogelio Santander in April revived this debate. Santander was shot and killed by Armando Juarez, a man who had released from Dallas County jail on bond but had a warrant for his arrest. Juarez had been released on bond several times for low-risk offenses, but his pattern of failing to appear in court and reoffending could have been red flags under a reformed bail system.

Is There a Solution?

Bail reform would involve time and money, but if executed effectively, could let lower-risk defendants return to their families while keeping those with a clear propensity to reoffend behind bars. The reach of this problem extends to Harris County, too, which was recently subject to a civil suit brought on by inmates to demand fairer bail. A federal ruling favoring the plaintiffs shed light on the imbalance of justice of a bail system with such ridged determining factors. Now Dallas County faces the same type of suit brought on by inmates who claim the bail system is unconstitutional and discriminatory against the poor. While some accused individuals, no matter the risk, cannot afford to buy their way out of jail, others have the financial resources to walk free.

Call a Dallas Criminal Defense Attorney if You Have Been Arrested

Navigating the immediate steps following an arrest in Dallas County can be overwhelming and stressful. Calling a Dallas criminal defense attorney after an arrest is the best way to ensure you can return to your family as soon as possible. An attorney who is familiar with the Dallas County bail system can explore your options for reducing your bond , so you don’t have to work with a bail bond company. Bail bond companies cannot defend your rights or provide any legal assistance. Conversely, an attorney might be able to release you from jail without having to post the full bail amount and can promptly get started on fighting your charges.

If you’ve been arrested for a crime and need a legal advocate in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to minimize the consequences of your charge. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post The Fight to Change the Dallas County Bail System appeared first on JBABB Criminal Defense Attorneys .

Was There Reasonable Suspicion for Your DWI Stop?

Tue, 05 Jun 2018 09:00:00 GMT

Cause and Effect

The Fourth Amendment of the US Constitution protects you from unreasonable search and seizure. Essentially, this protection requires law enforcement to have “ probable cause “ or reasonable suspicion to search your person or property or seize anything in your possession. Even in the realm of traffic stops, law enforcement must have reasonable suspicion to pull you over. But what is reasonable suspicion? And what is reasonable suspicion for a DWI stop? Answering these simple questions can help you protect your rights.

A Reasonable Suspicion

Reasonable suspicion is a specific articulable basis for believing that a crime may have been, was being committed, or will be committed soon. A law enforcement officer must have reasonable suspicion to pull you over, but it could be any violation. For example, an officer could pull you over for failing to signal at a turn, but that stop could easily turn into a DWI arrest. In fact, police sometimes make “pretext” stops where they pull you over for a traffic violation but intend to look for evidence of intoxication. As long as the officer witnesses an infraction, no matter how minor, he or she has enough reasonable suspicion to stop you. An officer can also stop you for swerving between lanes, driving too fast or too slow, stopping before stop lights or making wide turns, all possible signs of DWI.

Because reasonable suspicion is an essential element in DWI cases, you should get a copy of the police report as soon as you can. The cause for the stop should be noted in the report. Go over the police report with an attorney to ensure the officer lawfully pulled you over.

Defending Your Rights

Unfortunately, police have been known to prey on drivers by following cars that leave bars. They are looking for a reason, any reason, to stop you, but their true intention may be to arrest you for a DWI. With this in mind, it’s vital you carefully examine every fact in your case to ensure your rights weren’t violated. Have a Texas DWI defense attorney review the police report to help you determine whether the arresting officer violated your rights and what you can do about it.

If you’re facing DWI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Was There Reasonable Suspicion for Your DWI Stop? appeared first on JBABB Criminal Defense Attorneys .

Texas State Jails or Prisons: Know Where You’ll Go

Mon, 04 Jun 2018 09:00:00 GMT

The three main types of correctional facilities in Texas include county jails, state jails and prisons. You’ll often hear people using the terms jail and prison interchangeable, but, in fact, they are quite different. In Texas, correctional facilities differ in the type of offenders they house. County jails house most misdemeanor offenders , but we’ll focus on state jails and prisons in this post.

Texas State Jails and Texas Prisons

Texas state jails and prisons both house felony offenders. But those facing Texas felony charges might not know where they will go if convicted and sentenced to incarceration. Likewise, they may not know the difference between state jails and prisons. In reality, those differences can be significant depending on where you’re headed.

Where Do Felons Go?

Texas classifies felonies as state jail felonies, third-degree felonies, second-degree felonies, first-degree felonies or capital felonies. State jails house those with state jail felony convictions. Examples of state jail felonies include possession of a controlled substance under one gram and unauthorized use of a motor vehicle. State prisons house those with higher degree felonies.

Felony designations determine where the offender will serve his or her sentence of incarceration. Unfortunately, they do not always correlate with the level of comfort the inmate will encounter. Put simply, neither sentences in state jails or state prisons are pleasant. State jails might offer more programs and amenities to inmates if resources are available. But when it comes to state prisons, those resources are increasingly scarce. These designations also segregate more serious felony offenders from minor felony offenders. This allows the Texas Department of Criminal Justice to better allocate funds to house inmates based on their offense category.

Fight Your Felony Charges Head on With an Experienced Attorney

If you are facing charges for a Texas felony, make sure you discuss your case in detail with a seasoned criminal defense attorney in the Dallas-Fort Worth area. An attorney can advise you on what type of felony charge you are facing. He or she may also be able to help you avoid a prison sentence by reducing your charge to a state jail felony or (better still) a misdemeanor. Every case is different, however, so consult with an attorney for personalized legal advice.

If you’re facing felony charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to protect your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Texas State Jails or Prisons: Know Where You’ll Go appeared first on JBABB Criminal Defense Attorneys .

Pressing Charges in Texas: Does the Victim’s Voice Count?

Fri, 01 Jun 2018 09:00:00 GMT

Who Files Family Violence Charges?

In domestic violence cases—also called family violence in Texas —it is not uncommon for the victim to call law enforcement to report the incident. Usually, they think a police officer will come, talk to their partner and help him or her cool down. What they infrequently realize, however, is that once law enforcement arrives on the scene, the series of events that follow are entirely out of their hands.

In Texas, crime victims do not formally “press charges” against the other person. In criminal cases, it is the State, specifically the district attorney’s office that files charges against people. Criminal cases are between the offender and the State, not the offender and the accuser. Because the accuser is not a party to the case, he or she does not have the authority to press or drop charges personally.

The Accuser’s Voice

Accusers play an invaluable role in family violence cases. Without their word, many people would never face criminal charges. Nevertheless, they have little leverage when it comes to the district attorney’s decision to file or dismiss charges. The district attorney’s office will primarily consider the responding officer’s report and other pieces of evidence that may have been submitted. The district attorney can decide to formally file misdemeanor charges or bring the matter before a grand jury for indictment for felony charges even without the accuser’s cooperation.

When the Accuser Recants

It is not uncommon for the accuser to later recant the allegation and ask that the charges be dropped. The district attorney will indeed listen to what the victim has to say. Most know, however, accusers often backtrack on their initial allegations when they realize the gravity of their actions. Suddenly, their boyfriend/girlfriend, partner or spouse is behind bars, facing serious criminal charges and prohibited from coming in contact with them. The accuser may also be fearful of the defendant seeking revenge upon release or of the consequences of losing the breadwinner of the family. In light of these possible motivations, district attorneys might not give the accusers’ voice much weight.

Call an Attorney if You Are Facing Family Violence Charges

Speak with a skilled Dallas-Fort Worth assault family violence defense attorney if you are facing charges. These cases can be dangerous to navigate on your own given the high stakes and the aggressive prosecution. Even when an accuser recants, the State can follow through with the prosecution. Usually, there is enough evidence to do so even when against the accuser’s wishes.

If you need help fighting your family violence charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Pressing Charges in Texas: Does the Victim’s Voice Count? appeared first on JBABB Criminal Defense Attorneys .

Explanation or Confession? Think Twice Before You Talk

Thu, 31 May 2018 09:00:00 GMT

Telling Your Side of the Story

When dealing with law enforcement, many people don’t know what to do or how to act. Consequently, saying or doing the wrong thing happens all too frequently. One of the most common examples of this happening is when a person provides law enforcement with an “explanation” of what happened. While done in an attempt to avoid an arrest, it usually results in a trip down to the station. It never ceases to surprise us how often people think they can convince law enforcement they are innocent using nothing but a carefully (or, rather, not so carefully) crafted account of what they did. In reality, that explanation might as well be a confession because it almost always results in an arrest. Furthermore, many people think that if they are forthcoming with the police officer then he or she will go easier on them. Wrong!

When You’ve Said Too Much

Law enforcement is trained to gather facts in order to establish probable cause for an arrest . To do this, they question the suspect to collect information to build the case. Typically, they are not open to negotiations or susceptible to conversational tactics. If they have a reasonable basis to believe you committed a crime, they will arrest you. Then, they hand over all the information they have, including notes on what you said, to the district attorney’s office, which then decides what to do next.

So, while you may think you gave a foolproof explanation, you might have given them a confession and everything they need to convict you. What you voluntarily say can and will be held against you . And even if you think your explanation will clear your name, don’t assume law enforcement will come to that conclusion, too.

A Confession Can Result in a Conviction

If you’ve already tried to explain your way out of an arrest, chances are good you are now facing criminal charges. While in an ideal scenario you would have exercised your right to remain silent , don’t lose hope yet. In this situation, it’s best to call an experienced Dallas-Fort Worth criminal defense attorney to discuss your case. You should review with your attorney:

This information can help your attorney jump into action to protect your rights, enforce rights that may have been violated and fight your charges.

The post Explanation or Confession? Think Twice Before You Talk appeared first on JBABB Criminal Defense Attorneys .

Pros and Cons of Deferred Adjudication in Texas

Wed, 30 May 2018 09:00:00 GMT

Many first-time offenders are offered deferred adjudication in Texas. Without thoroughly understanding the pros and cons of deferred adjudication, most readily—albeit hastily—accept the offer. Deferred adjudication may help you to avoid a conviction, but you should consider at what cost.

Pros and Cons of Deferred Adjudication

With deferred adjudication, the judge suspends the conviction and places the defendant on community supervision (i.e. probation). If the defendant successfully completes the term of supervision, the court will not convict him or her. But a conviction is merely a finding of guilt. Records of the original proceedings will still appear on the defendant’s criminal record unless it is sealed through an Order of Nondisclosure.

Certain defendants may be eligible to petition for an Order of Nondisclosure after completing deferred supervision. If the court grants the request, public agencies cannot disclose records of the deferred adjudication to the public. Please note that there are numerous restrictions that can complicate this process. The bottom line is, deferred adjudication can save you a conviction but will not keep your record free from certain parties being able to see the charge and its disposition.

Here is the list currently provided by the Texas Government Code 411.081(i) of agencies that can see non-disclosed criminal records.

Many defendants think deferred adjudication will be cheaper because they won’t have to go to jail, thus minimizing the impact on their employment. But it’s important to be aware of the costs of Texas probation . Probation comes at a significant cost to the offender, not just the State of Texas. The offender will be ordered to pay numerous fines and fees for supervisory costs, restitution and administrative penalties. Some of these costs are ongoing for the duration of the supervision and quickly add up. You might also face the costs of going to court if you were to violate your supervision or ask that the court terminate your supervision early.

The Risks of Deferred Adjudication in Texas

If you violate supervision, the judge could “adjudicate” you, meaning he or she would convict and sentence you.

To be successful in deferred adjudication, you must adhere to all the terms and conditions of your supervision for the duration, which can be arduous. Discuss these terms with a Texas criminal defense attorney .

Consider the Costs of Deferred Adjudication

Deferred adjudication is deceptively simple. Follow the rules for a specific period of time, and you’ll get a slap on the wrist but no conviction. In reality, those rules are incredibly strict and the proverbial slap on the wrist can be quite expensive. Sadly, the consequences of making a mistake could potentially be worse than a conviction without deferred adjudication. To some defendants, it may seem like a get out of jail free card. In reality, it is more like being put under close watch by the State, which places an undue burden on the offender. These pros and cons of deferred adjudication in Texas should give you a better idea of the consequences you may face so you can make an informed decision about how to handle your case.

If you’re facing criminal charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action so you can move on with your life. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Pros and Cons of Deferred Adjudication in Texas appeared first on JBABB Criminal Defense Attorneys .

Assault vs. Aggravated Assault: The Difference and Why It Matters

Tue, 29 May 2018 09:00:00 GMT

Assault is a common criminal charge in Texas but one that few people understand. Texas has a variety of assault charges categorized by numerous factors, including the facts and circumstances of the offense. Many people are familiar with the term “aggravated assault” but might not know how it’s distinguished from assault. To illustrate the primary differences, let’s take a look at how Texas defines these two offenses.

Defining Assault and Aggravated Assault

Texas defines assault as:

Aggravated assault is legally defined as committing an act of assault, as defined above, and:

To better understand the difference between these two charges, we’ll also define serious bodily injury.

Texas statute defines a serious bodily injury as:

In Texas, you can commit assault even if you don’t physically injure the victim. For example, you could face assault charges for something as minor as a shove. Conversely, for a court to convict you of aggravated assault, you must have either caused serious bodily injury or used or exhibited a deadly weapon during the assault.

These definitions should give you a better idea of the differences between assault and aggravated assault. If you are facing charges of assault, aggravated assault or assault family violence , you should work closely with a Texas assault defense attorney . These cases can be very fact specific, especially when trying to prove serious bodily injury. Thus, always speak with an attorney to learn about the important elements in your case and the evidentiary rules that could help or hurt your chances of clearing your name.

If you’re facing assault charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action so you can move on with your life. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Assault vs. Aggravated Assault: The Difference and Why It Matters appeared first on JBABB Criminal Defense Attorneys .

Boating While Intoxicated: Staying Out of Trouble on Texas Waters

Fri, 25 May 2018 09:00:00 GMT

Operating a motor vehicle while intoxicated is dangerous, be it a car, truck or boat. Many Texans enjoy the numerous lakes of the lone star State when summer rolls around. But those who do so can put others at serious risk. Alcohol is involved in half of all boating accidents , some of which are fatal. Consequently, those operating a watercraft while intoxicated can face charges of BWI, or boating while intoxicated . Read on to learn more about BWI charges in Texas and what you should do if you are arrested.

How Does BWI Differ from DWI?

Much like DWIs, BWIs are serious criminal charges. They can result in jail time, steep fines and even boating and driver’s license suspensions . One significant difference lies in the law enforcement stop. Unlike traffic stops, a law enforcement officer does not need reasonable suspicion to make a boating stop. Many times boaters are stopped for safety issues such as mooring regulations and life jacket checks, but stops do not have to be motivated by a legal violation.

Also, assessing intoxication is complicated by the fact that many boaters experience “sea legs,” after boating. For a law enforcement officer to arrest you for BWI, he or she must have probable cause to believe you had been operating the watercraft while intoxicated. Smelling alcohol on your breath usually prompts such a suspicion. Officers also utilize field sobriety tests, like the one-leg stand, to assess intoxication during DWI stops. But a boater who disembarks and completes these tests for balance and coordination after just 15 minutes of adjustment is at a significant disadvantage. Not surprisingly, many people are unfairly accused of BWI and arrested based off of the results of such skewed tests.

Stay Sober for Boating Safety

Staying out of trouble on Texas’s lakes is easy if you always operate your watercraft sober and make sure everyone consuming alcohol on your boat wears a life jacket. Please note, the State of Texas defines “watercraft” as a vessel, one or more water skis, aquaplane, or other device made for transporting or carrying someone on water. This definition excludes crafts that are powered by the water current itself.

If you do find yourself facing charges for BWI, do yourself a favor and call an experienced Dallas-Fort Worth DWI defense attorney . BWI cases are similar to DWI cases and involve the same basic elements. Thus, if you are facing charges for boating while intoxicated, it’s essential you find a seasoned DWI defense attorney who can help you navigate your case for best results.

If you’re facing DWI/BWI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Boating While Intoxicated: Staying Out of Trouble on Texas Waters appeared first on JBABB Criminal Defense Attorneys .

Call 911 in a Domestic Dispute? Here’s Why an Arrest Is Likely

Thu, 24 May 2018 09:00:00 GMT

Responding to Domestic Disputes

When responding to reports of domestic disputes (i.e. family violence ), law enforcement officers must proceed with caution to protect themselves and the alleged victim. Officers are trained in responding to reports of family violence and know how to secure the safety of the scene. An officer will be mainly concerned with protecting the victim, apprehending the aggressor and collecting information to build the case. The officer will typically arrest someone to accomplish all three of these objectives.

Automatic Arrests?

In the vast majority of domestic dispute responses, one party to the conflict will be arrested . Arresting someone ensures that the situation –whatever it may have been- will be diffused and the remaining person can be left in safety. Officers typically err on the side of the caution when deciding whether to make an arrest. Leaving the scene without an arrest can put someone at serious risk, especially if one of the participants in the dispute was the one who reported the incident.

Who Gets Arrested?

During a typical response to a report of family violence, a law enforcement officer will first attempt to identify the person they deem the aggressor. He or she may employ a variety of methods, such as observation and interrogation, to do so. The office will consider the aggressor to be the person who initiated the conflict, sustained the conflict or otherwise was the predominate instigator (and sometimes they consider the person who got the worst of it to be the aggressor). When identifying the aggressor, police officers will rely on the information received from dispatch and begin observing the scene from the moment they leave their squad car. They may stand outside the home and listen. Identifying the aggressor quickly is important, as officers can be at risks of assault, too.

Is an Arrest Imminent?

Again, law enforcement officers may use discretion when responding to a domestic dispute but typically won’t leave without ensuring everyone will be safe. To do this, they often make an arrest. No matter the participants’ in the incident wishes or the story given, law enforcement officers have a duty to protect. But police can make mistakes, and alleged aggressors are often wrongfully accused. Remember; just because you’re arrested doesn’t mean there is enough evidence to convict you. In fact, an experienced assault family violence attorney can usually obtain a dismissal in most of these types of cases. Therefore, if you find yourself facing family violence charges, it’s wise to speak with an experienced Dallas-Fort Worth assault family violence defense attorney . An attorney can explain how you can fight false or exaggerated allegations and defend your rights.

If you’re facing family violence charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to clear your name. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Call 911 in a Domestic Dispute? Here’s Why an Arrest Is Likely appeared first on JBABB Criminal Defense Attorneys .

Facing Drug Possession Penalties in Texas? Follow These First Steps

Wed, 23 May 2018 09:00:00 GMT

Drug possession penalties in Texas are severe. One misstep can leave you facing years of incarceration and insurmountable fines. Factors such as the type of drug and the quantity you possessed can mean the difference between a few years behind bars or life. Thus, if you are facing drug possession charges of any kind in Texas, here are some essential first steps you should take.

Connect With an Attorney

No one facing charges for possession of a controlled substance in Texas should do so without a criminal defense attorney. The potential consequences are too great. You should work with a legal professional to formulate the strategies you may need to employ to fight your charges or minimize the burden of the outcome of your case.

Analyze Evidence

It’s important to keep in mind that in drug possession cases, evidence can play a significant role. But evidence is sometimes fleeting and thus needs to be preserved. It can be seized by law enforcement, destroyed or disappear. Likewise, witness testimony can be of immense help but only if you contact and question witnesses soon after the incident in question. It’s best to bring a skilled Dallas-Fort Worth drug possession defense attorney on board to help you manage your case and obtain crucial pieces of evidence for a strong defense.

Abstain from Drugs and Alcohol

Pending the resolution of your case, it’s important to remain sober. Even one small mistake made when facing charges for another offense can ruin any hope of a positive outcome. Likewise, if you are convicted or placed on deferred adjudication with community supervision (i.e. probation), you will most likely be required to take and pass periodic drug tests. You may or may not be given notice before you have to take these. And lastly, staying committed to sobriety—even while your case is still pending—can demonstrate to the court that you have realized the consequences of your actions. This realization, if genuine, could potentially work in your favor. In fact, some prosecutors will agree to dismiss a case if you can pass a drug test on the day of court. There is no guarantee that this offer will be made to you, but you need to be ready if it does. There are even some judges that will test you on the date of a plea to see if you can pass a drug test; obviously not being able to do so does not help your case. Bottom line: no drugs or alcohol while the case is pending!

Drug Possession Penalties in Texas Can Be Life-Altering

Facing drug possession charges is frightening considering what is at stake. The good news is you do not have to face them alone. A skilled drug possession defense attorney in the Dallas-Fort Worth area can work to minimize the burden of your case outcome. Hiring an attorney is a personal choice and one you should make when informed. At the very least, discuss the drug possession penalties in Texas with an attorney before you make any decisions in your case.

If you are facing charges for possession of a controlled substance in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action given your circumstances. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

The post Facing Drug Possession Penalties in Texas? Follow These First Steps appeared first on JBABB Criminal Defense Attorneys .

Texas Zero Tolerance Policy: 5 Tips for Minors Facing Texas DUI Charges

Tue, 22 May 2018 09:00:00 GMT

What Is the Texas Zero Tolerance Policy?

The Texas zero tolerance policy for minors driving under the influence is strict. A minor caught with any detectable amount of alcohol in his or her blood can face charges for driving under the influence of alcohol (DUIA). Unfortunately, this is the fate of many Texas minors, defined as those less than 21 years of age, who make the mistake of getting behind the wheel after drinking. If you find yourself making the same error, here are five tips that can make or break your case.

Minors and adults alike have a right to remain silent when arrested and interrogated. Don’t think because you are a minor no one will take advantage of you. It’s best to limit what you say until you can speak with an attorney. Even better, hire a criminal defense attorney to do the speaking for you.

Some minors mistakenly plead guilty to DUI/DUIA because they assume it’s a less serious charge and carries minimal penalties. But the specific penalties you face, such as fines and a license suspension, aren’t the only negative consequences of a conviction. You will also have a criminal record that can hold you back for the rest of your life. That said, find an experienced attorney who can help you keep your record clean.

Speaking with an attorney about the potential consequences of a conviction is an excellent first step. You’ll want to thoroughly understand the ramifications of a plea before you appear in court. Likewise, learning about all the costs you may face can give you a better idea of what is at stake. These costs can be hard to assess, especially if you are unfamiliar with the criminal justice system.

You may be ordered to abstain from drugs and alcohol if put on deferred adjudication. Likewise, staying sober while your case is pending can help demonstrate to the judge you are responsible.

Minors under 17 years of age will have their license suspended for 60 days for a first DUI offense. That suspension shoots up to 180 days if you refuse to submit to a blood alcohol content (BAC) breath or blood test. Minors between 17 and 20 years of age will face a one-year license suspension, although it might be reduced if you meet certain requirements. If you don’t have a license, you will be ineligible to obtain one for the duration of your suspension. Do not drive on a suspended license. Rather, speak with a DUI attorney about what you can do to save your license or have it reinstated as soon as possible.

Every Texan deserves to have a bright future ahead. To preserve that future, you should absolutely fight your charges. The Texas zero tolerance policy is self-explanatory. Expect no tolerance and no leniency. Find a Texas DUI attorney who has helped minors navigate the DUI process. With an experienced attorney assisting you, you will have a much better chance at obtaining a favorable outcome.

If you’ve been arrested for DUI/DUIA and need a legal advocate in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to minimize the consequences of your charge. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Texas Zero Tolerance Policy: 5 Tips for Minors Facing Texas DUI Charges appeared first on JBABB Criminal Defense Attorneys .

Texas Nondisclosure Eligibility Requirements

Mon, 21 May 2018 09:00:00 GMT

Getting the Fresh Start You Deserve

An Order of Nondisclosure prevents certain public agencies, such as the court or police department, from disclosing certain records of your criminal history. Nondisclosures can give those with criminal records a fresh start. But Texas maintains a strict set of nondisclosure eligibility requirements. To complicate matters further, those requirements have recently changed. That said, it’s always best to discuss your case in detail with an experienced criminal defense attorney, but let’s start by going over some basic information about Texas nondisclosures.

Texas Nondisclosures

In Texas, you can petition for a nondisclosure of a specific criminal offense. Please note that, if granted, your nondisclosure will only apply to the offense in question. Obtaining a nondisclosure for one offense will not affect the public’s ability to see any other offenses on your criminal record. Again, the eligibility requirements for nondisclosures have recently changed and are complicated to navigate. However, there are some basic requirements you must meet to be eligible for any Texas nondisclosure. There are also specific requirements that vary based on the type of nondisclosure you seek to obtain. Let’s take a look at the basic requirements anyone seeking a Texas nondisclosure must meet.

You are not eligible for a nondisclosure if:

Or

Procedure

Meeting the above basic eligibility requirements isn’t enough. But once you confirm you meet these requirements, you can move on to the next step of determining what type of nondisclosure you can obtain. There are different types of nondisclosures with different procedural requirements. This blog is not meant to be an exhaustive guide to these requirements. In general, however, the type of nondisclosure you are eligible for, the specific requirements you must meet and the procedure for obtaining one will vary based on:

To learn about what type of nondisclosure you are eligible for and how to obtain one, go over the circumstances and details of your offense with a criminal defense attorney. Once you determine what nondisclosure type you are eligible for and the procedure for obtaining one, there may be additional requirements you must meet.

Depending on the type of nondisclosure you are eligible for, you may or may not have to file a petition. If you do, you must file your petition with the court clerk of the court that placed you on deferred adjudication. The court clerk will then distribute your petition to the judge, who will then send it to the district attorney’s office. If you do not have to file a petition, you will still submit certain documents along with a fee. Also, you should know that there might be a waiting period, depending on the type of nondisclosure you are eligible for.

Discuss Your Case With an Attorney

To determine your eligibility, first, confirm that you meet the basic nondisclosure eligibility requirements mentioned above. Next, discuss the facts and circumstances of your case with an experienced Dallas-Fort Worth criminal defense attorney who handles nondisclosures. Again, the exact procedure you must follow will depend on numerous factors, including what type of nondisclosure you are eligible for.

If your criminal record is holding you back in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Texas Nondisclosure Eligibility Requirements appeared first on JBABB Criminal Defense Attorneys .

Texas Misdemeanor Classes and What They Mean

Fri, 18 May 2018 09:00:00 GMT

A Range of Misdemeanors

Texas misdemeanors are punishable by a term of up to one year in a local or county jail. There are many types of misdemeanors that are divided into three classes of varying gravity. These classes influence the penalties the court can impose. For example, Class C misdemeanors carry less severe penalties than Class A misdemeanors. Learning about the different classes of Texas misdemeanors is step one if you’re facing misdemeanor charges.

Class A Misdemeanors

Class A misdemeanors are punishable by up to one year in jail, a fine of up to $4,000 or both. This is the most serious of the misdemeanor classes. Second DWI offense and resisting arrest are examples of common Class A Texas misdemeanors.

Class B Misdemeanors

Class B misdemeanors are punishable by up to 180 days in jail, a fine of up to $2,000 or both. First-offense DWI and theft of between $100 and $750 are examples of Class B misdemeanors.

Class C Misdemeanors

Class C misdemeanors are punishable by a fine of up to $500 and no jail time. Many traffic tickets, public intoxication and minor DUI are examples of Class C misdemeanors. Though they come with no jail time, Class C misdemeanors are still well worth fighting.

Take Your Texas Misdemeanor Charges Seriously

Misdemeanors may be less serious than felonies, but don’t let that fool you. You should always take a misdemeanor charge seriously. A Texas misdemeanor will show up on your criminal record, a record that will follow you the rest of your life. Also, remember that not all misdemeanors are created equal. Some are more serious than others because they can result in longer jail terms or higher fines. That said, never enter a plea—even to a Class C misdemeanor—without first consulting with an experienced Dallas-Fort Worth criminal defense attorney . You have a right to and should fight any misdemeanor, no matter the class or potential penalty. An attorney can explain what could happen in your case and advise you on how to best proceed forward.

If you’re facing misdemeanor charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Texas Misdemeanor Classes and What They Mean appeared first on JBABB Criminal Defense Attorneys .

Loss of Firearm Rights and Family Violence Convictions

Thu, 17 May 2018 09:00:00 GMT

Consequences of Family Violence

Federal law prohibits anyone with a felony conviction , a misdemeanor domestic violence conviction or who is subject to a domestic violence protective order from possessing firearms . The State of Texas plays a role in enforcing this law and places similar restrictions on the firearms rights of those with domestic violence (i.e. family violence) convictions or those subject to protective orders. Indeed, this is one of the lesser-known consequences of a family violence conviction but not one that is without impact, especially in one of the most heavily armed states in the country.

A Flaw in the Law

Prohibiting firearm possession isn’t always enough. Texas does not have a law requiring those prohibited from possessing firearms to turn guns and ammunition in. In some states, defendants must bring their firearms to the police department or to a licensed buyer and provide the court with proof. Also, you can still purchase guns from sellers or dealers who don’t run background checks even if you lose your firearm rights.

That said, enforcement of this law is difficult in Texas and relies on factors such as proper reporting and steep penalties for offenders. While Texans may not be required to provide proof they relinquished their firearms, they can face harsh penalties if they are caught unlawfully possessing a firearm. Unlawful possession of a firearm in Texas is a Class A misdemeanor, punishable by up to one year in a local or county jail and potentially a fine of up to $4,000.

Don’t Want to Lose Your Firearm Rights? Fight Your Charges

The only way to avoid losing your firearm rights is to avoid a family violence conviction. Now, we realize that is easier said than done. But talking to a skilled family violence defense attorney in the Dallas-Fort Worth area is a good starting point. Due to the long-lasting (and far-reaching) consequences of a family violence conviction, we recommend you thoroughly discuss your case before you enter a plea . An attorney can explain the penalties you could face for a conviction in addition to the various collateral consequences, such as loss of firearms rights.

If you’re facing family violence charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to protect your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Loss of Firearm Rights and Family Violence Convictions appeared first on JBABB Criminal Defense Attorneys .

Punishment for Drug Possession: Why Quantity and Penalty Group Matter

Wed, 16 May 2018 09:00:00 GMT

Simple Drug Possession Isn’t Simple

The State of Texas maintains some of this nation’s strictest drug possession laws. In Texas, you can face long periods of incarceration and steep fines for even simple drug possession charges. Drug possession offenses vary by the drug type—also called the penalty group or “schedule”—and the quantity, or the amount you had. These factors provide guidelines for how to charge and sentence offenders.

Quantity and Type

The law divides controlled substances into types or “schedules” that classify drugs based on numerous factors, such as the potential for misuse and dependency. Under the Texas Health and Safety Code , possession of a controlled substance is punishable by:

As you can see, the punishment range is vast. The type (i.e. penalty group ) and the quantity of the drug are the two factors that determine whether you will get just a fine or up to life in prison. There are four main drug penalty groups. For example, penalty group one contains substances like opiates (synthetic and natural) and penalty group 4 contains substances like over the counter cough remedies. The quantity factor is measured in grams, ounces, pounds, tons or “abuse units,” depending on the specific drug type. For example, drugs in penalty group one are measured in grams.

Most forms of simple possession of controlled substances in small amounts (again, relative to the type) are state jail felonies. Possession of more significant amounts in type-specific units of measurement is punishable by much longer sentences in addition to exorbitant fines.

Penalties for Possession of a Controlled Substance

The penalties for drug possession in Texas are nothing to laugh about. For this reason, you need to speak with a Dallas-Fort Worth drug charge defense attorney experienced in handling drug cases if you are facing possession charges or any drug-related charge. An attorney can evaluate the facts and circumstances of your offense and walk you through the potential penalties you could face. A conviction for drug possession can result in a long incarceration period in addition to huge fines, so it’s well worth your time to consult with a knowledgeable attorney to learn about what you can do to fight your charges.

If you are facing charges for possession of a controlled substance in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action given your circumstances. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Punishment for Drug Possession: Why Quantity and Penalty Group Matter appeared first on JBABB Criminal Defense Attorneys .

5 Deportable Offenses You Might Not Know About

Tue, 15 May 2018 09:00:00 GMT

Anyone facing criminal charges may be rightfully concerned with incarceration, fines and incurring a permanent criminal record. For noncitizens, however, these serious consequences are just the beginning. Noncitizens can face potential immigration consequences, including deportation or inadmissibility if convicted of certain crimes. To better understand how criminal charges can affect your immigration status, let’s take a look at five deportable offenses that could lead to deportation as well as the broad categories of crimes that impact immigration.

Convictions That Could Affect Your Immigration Status

Generally speaking, under US immigration law , an immigrant can face deportation or inadmissibility if convicted of certain crimes, mainly crimes of moral turpitude and aggravated felonies. Crimes involving moral turpitude (CIMT) are crimes that typically involve an intent to cause bodily injury, permanent deprivation of property, lewd intent, recklessness, fraud or deceit. Aggravated felonies are less clearly defined and can include crimes such as murder or certain crimes involving a deadly weapon or destructive device. Both these categories of crimes can be difficult to pin down, as their definitions under Texas law and U.S. immigration law may not be identical. But, to give you a general idea, examples of crimes that could potentially affect your immigration status and lead to deportation include:

This list is only a snapshot of the many criminal convictions that can lead to deportation, many of which are relatively common crimes . The bottom line is you never know how a criminal charge could impact your ability to stay in or return to the US until you’ve spoken with an attorney.

Don’t Face Charges for Deportable Offenses Alone

It’s vital for any Texan facing criminal charges to speak with an attorney. The consequences of a criminal conviction are severe and far-reaching. Noncitizens face a potential impact on their immigration status, depending on the nature of the offense, how long they’ve been in the US and many other factors. Thus, if you are a noncitizen concerned about criminal charges, you need to talk to an experienced Dallas-Fort Worth criminal defense attorney right away. Specifically, find an attorney who will aggressively protect your rights.

Navigating these types of cases can be difficult—if not impossible—to do on your own. Find an attorney whose goal is to obtain a dismissal or an outcome that would otherwise preserve your legal status in this country. This will require an intimate understanding of the nuances in Texas criminal statutes.

If you are facing charges for deportable offenses in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to protect your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post 5 Deportable Offenses You Might Not Know About appeared first on JBABB Criminal Defense Attorneys .

Everything You Need to Know About Your Miranda Rights

Mon, 14 May 2018 09:00:00 GMT

A Right to Remember

The media paints an often-incomplete portrait of the criminal justice system. It frequently depicts the stereotypical arrest that begins with a uniformed officer stating, “You have a right to remain silent”. Most people are aware of this constitutionally protected right but know little about it other than what they’ve seen on TV and in the movies. In reality, your right to remain silent is included in your Miranda Rights , some of the most important rights an American—or a Texan—has. It is these rights that police officers will sometimes recite to a person they are placing under arrest. Knowing and using these rights correctly can be your smoking gun when you run into trouble, so here is what you should know about your Miranda Rights.

Your Miranda Rights

Miranda Rights are addressed in the Fifth Amendment . Your Miranda Rights read together as the Miranda Warning, include:

They are powerful yet surprisingly simple. What’s more surprising is some people inadvertently waive these rights due to lack of understanding. We certainly don’t want that to happen to you. But knowing your rights isn’t enough. You also need to know when you can use them. These rights become “active” once you have been arrested***. The police must read you these rights if they arrest you and plan on interrogating (questioning) you. Theoretically, you could be arrested and never read your rights. Or, you may be arrested and read your rights but never questioned. Unfortunately, police don’t always read the Miranda Warning when they should, so take it upon yourself to exercise your rights when it counts.

Be Smart About Your Rights

As a general rule, answering questions the police ask you is a bad idea. We do not recommend you try to explain anything to the police. If the police arrest you, whatever you say can be held against you in court. In fact, the only thing you should say is that you assert your 5 ^th Amendment right and that you’d like to call an attorney.

If you’ve been arrested and are facing potential criminal charges, call a Dallas-Fort Worth criminal defense attorney immediately. An attorney can review your rights with you and advise you on how to best proceed forward with your case. Whenever faced with law enforcement, it’s best to let your attorney do the talking for you.

If you’ve been arrested for a DWI in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Everything You Need to Know About Your Miranda Rights appeared first on JBABB Criminal Defense Attorneys .

5 Tips for Meeting Your Community Supervision Requirements

Fri, 11 May 2018 09:00:00 GMT

Community supervision (i.e. probation) seems like a break, at least initially. In lieu of jail time, you are permitted to go back to your normal life, albeit under close watch. For those facing criminal charges, community supervision may seem highly desirable. But don’t be fooled. The requirements you must meet to successfully comply with and complete your community supervision are likely to be strict. So, if you think you’re getting off easy, think again. Meeting those requirements will take sacrifices of your time, money, privacy and peace of mind. To help you meet those requirements, read through these five tips for those on community supervision in Texas .

Make Your Probation Officer’s Job Easier

You will be required to check in with your probation officer periodically (generally once per month). Always bear in mind that your probation officer is dealing with a subset of the population that does not complete tasks timely, and is probably not easy to interact with. You can make your life and your probation officer’s life far easier by not skylining yourself. How is that accomplished? Make his or her job easier by being on time, doing what you’re told to do and being polite. And don’t even think about complaining about your sentence or the requirements of your community supervision . Finally, complete all of your classes and community service early. You have to do them anyway, and they don’t get any easier with time. If you knock these items out early, you’ll soon find yourself on your probation officer’s pay no mind list because they are used to babysitting others on getting these items completed. Speak with a criminal defense attorney about such concerns. Your probation officer is just a person with a job to do. The easier you make it for them to supervise you, the less likely he or she will bring any violations to the attention of the judge. Similarly, you’ll need a favorable report from your officer to have your community supervision reduced or terminated early.

Never Violate the Terms of Your Community Supervision

If you don’t understand them or don’t agree with them, speak with an attorney. But whatever you do, don’t commit a violation. If you are required to check in monthly with your officer, do it. If you are required to pass drug tests, make sure you can. If you have to get permission to travel outside of the county or state, get permission in writing! If you violate any requirements, depending on the nature of the violation, your officer can bring it to the attention of the judge who can then revoke your community supervision and impose the full sentence. Community supervision is much higher stakes than a pending case because the Judge already has enough evidence to sentence you to jail or prison; you really can’t afford to make a mistake.

Pay Fines and Fees on Time

Community supervision is expensive. You’ll have to pay monthly supervision fees, court fines, payments to CrimeStoppers and other costs. Pay them on time and as soon as you can. If you can’t pay in full, tell your probation officer. Many people run into trouble when they can’t pay their fines and fees, which are sometimes exorbitant. They are an unfortunate—yet often unavoidable—component of community supervision. However, the one condition of community supervision that you have a defense for not doing is paying fines or fees. That doesn’t mean that you don’t have to pay them, it just means that if a judge believes you did not have the ability to pay, they will not send you to jail or prison. There is not a similar statutory defense for all the other conditions of community supervision.

Complete Community Supervision Requirements Early

You can make a good impression—and make your officer’s job easier—if you complete the requirements of your community supervision early. If you are required to complete a certain number of hours of community service each month, complete them early. If you have to take classes, sign up for them as soon as you can. The less your officer has to do to supervise you, the better off you’ll be. Remember no skylining! If your officer is constantly having to follow up with you due to missed deadlines and unfulfilled requirements, expect no leniency.

Apply for Early Release

Qualified probationers may file a motion to have their community supervision terminated early. You must serve one-third of your supervision period or two years, whichever is sooner, to even be considered. Serving at least one-half, however, is recommended. Early release is entirely discretionary . The judge generally won’t grant your request if you have any violations, haven’t fulfilled the requirements of your community supervision or otherwise made a poor impression on your officer.

One Last Suggestion…

This probably doesn’t qualify as a tip, but the best thing you can do is to avoid community supervision altogether. If you are still in a position to do so, consult with an experienced Dallas-Fort Worth criminal defense attorney with a good track record of dismissals. Community supervision is rarely your best option. Work closely with a criminal defense attorney to learn about what your options are and how you can avoid the immense burden of community supervision.

If you’re facing criminal charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action so you can move on with your life. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post 5 Tips for Meeting Your Community Supervision Requirements appeared first on JBABB Criminal Defense Attorneys .

Guilty of DWI in Texas? Here’s Why You Still Need a DWI Attorney

Thu, 10 May 2018 09:00:00 GMT

Far too many people give up without a fight when facing DWI charges. They mistakenly believe because they had a few drinks they have no chance to beat their charges. In reality, Texas DWI cases don’t depend solely on whether or not you were drinking. In fact, several other factors can impact the outcome of your case. So, even if you think you’re guilty of DWI, you still need a DWI attorney for the following reasons.

Drinking and Driving Doesn’t Necessarily Mean You Are Guilty of DWI

I know this may sound counterintuitive at first glance. But it’s important to understand the prosecution must prove certain elements to find you guilty of DWI in Texas . To be found guilty, it must prove you were operating a motor vehicle in a public place while intoxicated. Intoxicated is further defined as, “Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of these substances or any other substances into the body OR having an alcohol concentration of .08% or more at the time of driving.” Furthermore, it must prove those elements beyond a reasonable doubt . So, even if you think you are guilty, that doesn’t necessarily mean the prosecution can prove it.

Evidence Could Be Lacking

This builds on the last reason why you still need an attorney. DWI investigations begin with law enforcement collecting evidence at the time of the arrest and submitting a sworn report to the district attorney’s office. The district attorney then reviews the report and evidence and, based on that information, may file a complaint (i.e. charges) in a misdemeanor case, or bring the case before a grand jury in felony cases . If the police missed a piece of evidence or failed to take into account any number of factors, the information they provide to the district attorney could paint only a partial picture. Thus, if you immediately plead guilty to DWI without knowing what evidence the district attorney has, you could be making a huge mistake.

Your Charge and Your Sentence May Not Be Set in Stone

So you think you’re guilty of DWI and plan to plead as such. You might want to accept the punishment the judge gives you and move on with your life. But you could be making a crucial mistake. Experienced criminal defense attorneys know hasty pleas rarely result in the best outcome possible. It’s important to keep in mind when facing DWI or any other Texas criminal charge, numerous factors can impact your sentencing. DWI sentencing typically falls within a standard range of punishments. An experienced DWI attorney might be able to skillfully leverage certain facts in your case to help ensure your sentence falls in the lower end of the range. More importantly, a good attorney may even be able to obtain a dismissal for you, meaning you walk away with no conviction. This is an ideal—and not at all impossible—outcome. One thing is certain, if you go a plea on a DWI, you have a 100% chance of being convicted! Yet, if you fight the case –even if you only have a 5% chance of beating it- you still have a chance of NOT being convicted. Furthermore, you will often receive less punishment from a jury than you will ever receive from the prosecutor or judge. Why is that? No one is grading the jury’s decision. They can give you the minimum if they like, which potentially could be no probation or jail time!

Always Speak With an Attorney When Facing Charges for DWI in Texas

Speaking with an attorney isn’t going to hurt you. In fact, most likely you will end up with some clarifying information that can give you peace of mind and confidence. Again, an experienced Dallas-Fort Worth DWI/DUI defense attorney will know the tendencies of the prosecution and court you now face. He or she might know that a particular judge goes easy on first-time offenders or that a certain district attorney’s office is overburdened by DWI trial cases and thus is motivated to negotiate plea bargains. The bottom line is a good DWI attorney will know the best way to get you the most favorable outcome possible.

If you’re facing DWI/DUI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Guilty of DWI in Texas? Here’s Why You Still Need a DWI Attorney appeared first on JBABB Criminal Defense Attorneys .

Quick Facts About Public Access to Criminal Records

Wed, 09 May 2018 09:00:00 GMT

Under the Public Eye

Today, your criminal record is more accessible than ever. Gone are the days when someone had to go search for court records at the courthouse in person. Now, commercial background checks (available to the public) are easy to obtain online. Employers, landlords and even lenders are increasingly resorting to background checks to screen applicants. And for anyone with an arrest, charge or conviction on their record, that can make for some disappointing denials. To give you a better idea of how the public can access records of your criminal past, here are some quick facts.

What Is Public Record?

Court proceedings are—to a large extent—a matter of public record. In the past, members of the public who wanted to search for criminal records would have to go to the courthouse to access them in person. But we’re now in a data-driven era where our personal information is gathered, exchanged and even sold every day. Information about your criminal record is no exception. Now, there are for-profit background check companies capitalizing on the availability of large amounts of publically accessible data. By entering a few pieces of information and paying a fee, anyone can run a background check on any person.

What Are Commercial Background Checks?

Commercial background checks only contain publically accessible court records . These “commercial” background checks don’t stop at court records. They also can include credit scores, employment histories and even personal references. Again, these companies make a profit by selling your personal information to interested parties. But what they’re doing is not illegal. By gathering information from several public record databases, they are essentially consolidating all that information in a neat package to make it more user-friendly. The person conducting the search pays for convenience but could, theoretically, do the same search independently. In fact, background check companies cater mainly to employers and landlords that need to quickly and thoroughly screen applicants.

What’s Not Included in Commercial Background Checks?

Federal records and records that have been sealed are excluded. Likewise, obtaining a nondisclosure for an offense would limit what information a commercial background check company can pull from the public record.

Don’t Want Your Private Matters to Become Public? Call an Attorney

As long as you have Internet access and a method of paying online, you can access nearly anyone’s criminal record. That’s a disturbing thought, isn’t it? Even more so if you are facing criminal charges. Never underestimate the devastating impact a criminal conviction can have on your life. Always discuss your case in detail with a criminal defense attorney if you’re facing criminal charges. A seasoned Dallas-Fort Worth criminal defense attorney can explain the penalties you could face and help you develop a plan of action to minimize the negative consequences of your charges.

If your criminal record is holding you back in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to clear your name. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Quick Facts About Public Access to Criminal Records appeared first on JBABB Criminal Defense Attorneys .

Are All Texas Felonies Created Equal? A Look at Crime Degrees

Tue, 08 May 2018 09:00:00 GMT

Types of Texas Felonies

In Texas, felonies are crimes that are punishable by a term in a state jail or prison. Felonies are considered more serious than misdemeanor offenses. But not all felonies are created equal. They will typically fall within one of the following categories.

State Jail Felony

As the name suggests, state jail felonies are those that are punishable by six months to two years in a state jail and a fine up to $10,000. State jails are an answer to the overcrowding in Texas state prisons and typically house nonviolent felons. But, unlike in terms in county jails or state prisons, felons in state jails are not eligible for early release due to good behavior. Examples of Texas state jail felonies include possession of a controlled substance under 1 gram and unauthorized use of a vehicle.

Third Degree Felony

Third degree felonies are punishable by a prison term of between two and 10 years, and the judge may also impose a fine of up to $10,000. Examples of third degree felonies include intoxication assault and third offense DWI .

Second Degree Felony

Second degree felonies are punishable by a prison term of between two and 20 years and potentially a fine of up to $10,000. Examples of second degree felonies include aggravated assault and robbery.

First Degree Felony

First degree felonies are punishable by a prison term of between five and 99 years or life in prison and potentially a fine of up to $10,000. Examples of first degree felonies include aggravated kidnapping and aggravated sexual assault.

Capital Felony

Capital felonies are punishable by a prison term of life without parole or the death penalty. Examples of capital felonies include murder of a peace officer on duty or murder of multiple people during the same criminal episode.

Felony Charges? Get Serious About Your Defense

Any felony charge should be taken seriously. With potentially long terms of incarceration and steep fines, no one can afford to plead guilty to a Texas felony. Whenever facing felony charges, it’s absolutely essential you work with a skilled Dallas-Fort Worth criminal defense attorney . Involve an attorney in your case as soon as you can. An attorney can explain the penalties you could face and the important elements in your case the prosecution must prove to convict you. From there, you can develop a plan of action to fight your charges. Naturally, any person will want any criminal charge dismissed, but you really have to assess the evidence against you along with the plea bargain being offered by the State. Being that the sentences for some types of felonies can result in a punishment that can cost the better part of your life, it is imperative that you select an experienced attorney who can weigh all the options when deciding how best to fight and/or resolve the case.

The post Are All Texas Felonies Created Equal? A Look at Crime Degrees appeared first on JBABB Criminal Defense Attorneys .

The Problem With Ticket Surcharges in Texas

Mon, 07 May 2018 09:00:00 GMT

How Much Will It Cost?

Fines for traffic tickets are an unexpected cost no one likes to pay. Unfortunately, the true cost of a traffic ticket in Texas doesn’t stop at the imposed fine. In addition to the court-imposed fine and court costs you will receive for a traffic ticket, the Texas Department of Public Safety may also impose a surcharge under the Driver Responsibility Program.

Ticket surcharges are fees you have to pay to keep your license valid. They are in addition to the initial fine for the offense. The Texas Department of Public Safety (DPS) assesses surcharges for points on your driving record and certain convictions. DPS surcharges are assessed annually for three years. On top of the assessed surcharges, you may have to pay additional service fees, and fees for payment plans (you only get one chance at a payment plan with DPS so make sure it is one that you can live with, otherwise a default will leave you with the option of paying the entire amount in full) or specific payment methods.

For Some, the Cost Is Too High

Texas ticket surcharges have been under intense scrutiny in recent years. Many argue they disproportionately affect the poor, who often rely on their licenses to get to work and make a living. Failing to pay your surcharges in full or arrange for a payment plan will result in a license suspension. So, if you can’t afford to pay your surcharges, you lose your license and potentially your livelihood. You’ll also face continued surcharges if you drive on your suspended license after that point. In this light, the surcharges perpetuate a cycle, one that is extremely hard to break without significant costs.

Can You Afford Ticket Surcharges in Texas?

The Texas Driver Responsibility Program can turn an ordinary traffic ticket into a financial burden. But for Texans working hard to make ends meet, one missed surcharge payment can put their very livelihood at risk.

Now that you know how Texas ticket surcharges work, you can easily see how one traffic ticket can end up being a costly mistake. The original fine, annual surcharges and associated fees and increased insurance rates add up quickly. The good news is you can fight your ticket in court. Speak with an experienced Dallas-Fort Worth criminal defense attorney who handles traffic ticket cases to determine whether you want to risk paying costly surcharges for years and potentially lose your license or fight your ticket. An attorney can fight your ticket in court to save your license and help you avoid ticket surcharges, in some cases for less than what your original fine was.

If you have a traffic ticket and need a legal advocate in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to minimize the consequences of your ticket. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post The Problem With Ticket Surcharges in Texas appeared first on JBABB Criminal Defense Attorneys .

Your Right to Remain Silent: Why It Matters and When to Use It

Thu, 03 May 2018 09:00:00 GMT

A Right to Protect

We hear a lot about our right to remain silent in the movies and on TV, and perhaps it is one of the most well-known rights we have. But the scope of this right and the specific situations under which it protects us are less publicized. Consequently, few people take advantage of this right when it counts most. In fact, many people believe that unless their rights are read, they cannot be arrested. To help you fearlessly defend your right to remain silent, here’s why it matters and when you should use it.

Why Your Right to Remain Silent Is Important

Your right to remain silent can protect you from self-incrimination. This means it gives you the right to withhold information that would be held against you. That said, this right is extremely important to use when you are detained, arrested, and interrogated (i.e. questioned). Without getting information directly from you, the police must resort to other evidence and witnesses to gather what’s needed for the prosecuting attorney to file charges.

Use it or Lose It

You should know you do not have to answer any questions the police ask you. If you refuse to answer their questions, you could indeed be arrested, but at that point, you can also invoke your right to remain silent and lawfully protect yourself from self-incrimination. Furthermore, what a person says can be used against them during a legal proceeding –it is not hearsay. That means an officer can testify that you said something without any corroborating evidence if it happens prior to a custodial interrogation.

Once you’ve been arrested, the officer might read your rights if he or she plans on interrogating you. After that point, if you fully understand your rights and choose to answer the questions anyway, your answers can be held against you. As an almost absolute rule, you should never answer an officer’s questions, even after having your rights read to you. Why? It pretty much means there is something that they still need to know that they do not know. And your chance of providing them with this missing information is probably pretty high. So why do it?

Defending Your Rights

Your right to remain silent is not a courtesy. It is a constitutionally protected right that is vital to the maintenance of a just legal system. It is also a very good idea. If you have been arrested and have questions about your rights, consult with an experienced Dallas-Fort Worth criminal defense attorney. An attorney can evaluate the circumstances of your arrest and advise you on whether your rights were violated. A seasoned attorney can also make sure whatever you said when interrogated isn’t unlawfully held against you.

If you’ve been arrested and need a legal advocate in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Your Right to Remain Silent: Why It Matters and When to Use It appeared first on JBABB Criminal Defense Attorneys .

Navigating Your Texas ALR Hearing

Wed, 02 May 2018 09:00:00 GMT

How to Fight Your Administrative License Suspension

The Texas Department of Public Safety operates the Administrative License Revocation (ALR) program. The ALR program processes the administrative license suspensions of all those arrested for a DWI in Texas. Those facing ALR action, however, have a right to request an administrative hearing at which they can contest the suspension. Administrative hearings are different than criminal court hearings and require a different burden of proof and evidentiary rules. To help you navigate the ALR program and fight your license suspension here’s some helpful information to get you started.

Time Is Running Out

You only have 15 days from the date you receive your notice of license suspension to request your ALR hearing. Note that if the Texas Department of Public Safety (DPS) mailed you the notice, your receipt is presumed to be five days from the postmark date on the envelope. So, if the DPS does not have your current mailing address, you could run into trouble. Make sure you contact the DPS as soon as possible if you were arrested for a DWI but have not received your notice yet. The DPS will deny any requests for hearings received after 15 days. If you don’t request a hearing, the ALR program will suspend your license 40 days after you receive your notice.

How to Request a Texas ALR Hearing

You will need a few pieces of information to request a hearing, such as the date and county of your arrest, the name of the arresting agency and of the arresting officer. The notice of suspension should include the information you need for the request. Request your ALR hearing by phone, mail or online. Mailing your request (certified with return receipt) or requesting it online is preferable, as you’ll have written proof of the request.

It may take between 30-60 days to get a hearing. Typically, you can request your hearing be held either live or over the phone. If you cannot make the initial hearing date, you may be able to request a continuance if made at least five days before the scheduled hearing.

Discovery

Once you have your hearing date, your attorney can request discovery for you. Discovery is the evidence the DPS has in its possession. Typically, this will include the police report and chemical test results. During this phase, you can also subpoena witnesses. You will also be given the specific elements the DPS must prove to suspend your license in your Notice of Hearing. Review these elements with your attorney to plan your defense. Many factors can be questioned such as:

Sometimes even small mistakes in ALR paperwork can turn the case in the defendant’s favor. Always work closely with an experienced Dallas-Fort Worth DWI defense attorney who has handled ALR hearings. This is to ensure you take advantage of every weakness, ask the right questions at the hearing and leverage every fact you can.

Your ALR Hearing

Always request an ALR hearing, even if you think you will lose. If you plan on taking your DWI case to trial , you can use the discovery (i.e. information, testimony, and evidence) obtained at the hearing to help you prepare for your trial. If you prevail, the DPS will not suspend your license. If you don’t, the DPS will suspend your license, but you can appeal the decision. If your license is ultimately suspended, you can obtain an Occupational Driver’s License (ODL).

Again, the ALR hearing is an opportunity you should take advantage of. But work with a skilled attorney with a good track record of prevailing at ALR hearings. These hearings are administrative (rather than criminal) and revolve around relatively few elements. Thus, they can be easier to win than criminal cases. It’s an ideal chance to contest your license suspension while you’re waiting for your DWI case to resolve.

If you need help dealing with a DWI license suspension in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Navigating Your Texas ALR Hearing appeared first on JBABB Criminal Defense Attorneys .

10 Quick Tips for Navigating Your Texas DWI Case After an Arrest

Tue, 01 May 2018 09:00:00 GMT

Navigating Unknown Territory

You never thought you’d hear the words, “I’m placing you under arrest.” by a police officer. Now it’s happened, and you don’t know what to do or who to turn to. Every day in Dallas-Fort Worth, well-meaning citizens are arrested for DWI. Maybe they just had a few drinks with dinner. Maybe they weren’t even over the legal limit, but the officer that pulled them over thought otherwise. If you find yourself in this stressful and unfamiliar territory after a DWI arrest, you are not alone. To help you navigate your Texas DWI case after an arrest, here are ten quick tips our firm has compiled.

Invoke Your Constitutional Rights

During and after your DWI arrest, it’s important to invoke your constitutional right to remain silent when interrogated by the police.

Post Bail

It’s difficult to navigate a DWI case from jail. Post bail as soon as you can or enlist a friend or family member to help. You can also call an attorney to post a surety bond, securing your release from jail . You’ll want to jump into action a soon as possible to maintain as much control over your case as you can.

Call an Attorney

In reality, this can and should be your first step. But if you’ve just been released from jail after a DWI arrest, calling an attorney should definitely be the first thing you do. Without having insider knowledge of the Texas criminal court system and the specific jurisdiction under which you are being charged, you have a very slim chance of successfully fighting your charges.

Request a Hearing

You have 15 days from the date you receive your notice of license suspension in which to request an administrative (ALR) hearing through the Texas Department of Public Safety (DPS). Your ALR hearing is your chance to fight your license suspension , so take advantage of it.

Heed Your License Suspension

If you failed to request an ALR hearing or didn’t prevail at your hearing, the DPS will suspend your license 40 days after you receive your notice of license suspension. Watch that date. If your license is suspended, speak with your attorney about obtaining an Occupational Driver’s License (ODL).

Discuss Your Options

Go over your options for handling your case with an attorney. Do you want a DWI trial ? Try to negotiate a plea bargain? Learning about your options will give you peace of mind. Also, it will help you make an informed decision about how to proceed with your case.

File Pre-Trial Motions

If you are heading to trial, work with your attorney to file any pre-trial motions that may help you, such as a motion to suppress evidence.

Prepare for Trial

Most DWI cases resolve before trial by way of plea bargains (in our opinion generally not your best option). But if you weren’t offered a plea bargain you can accept, prepare for trial with your attorney so you know what to expect, what to say, how to act and what to do.

Go to Trial

If you make it all the way to trial, this is your chance to fight your charges full force. Make sure you are working with an experienced criminal defense attorney who has handled DWI trials in the Dallas-Fort Worth area to have the best chance of an acquittal.

These steps can help you get through the stressful and at times confusing DWI case process from arrest to trial. If you are ready to take your DWI charges seriously and fight them with all you’ve got, consult with a Dallas-Fort Worth DWI defense attorney immediately to get started.

If you’re facing DWI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post 10 Quick Tips for Navigating Your Texas DWI Case After an Arrest appeared first on JBABB Criminal Defense Attorneys .

Emergency Protective Orders in Texas: Watching Your Step

Fri, 27 Apr 2018 09:00:00 GMT

A Look at Emergency Protective Orders

In an assault family violence (i.e. domestic violence) case, the judge will often issue an Emergency Protective Order (EPO). Emergency Protective Orders can make it illegal for the offender to return home and fulfill his or her familial responsibilities. And in the wake of an assault case, that can make it difficult if not impossible to move on from your mistake and get back to your life. Fortunately, there may be ways you can mitigate the negative effects an EPO will have on your life.

The “Stay Away” Order

The offender may be prohibited from coming within a specified proximity of the alleged victim, including his or her home and workplace. So when the offender and victim live together or share parenting responsibilities, EPOs affect the whole family. Furthermore, a person who violates an EPO can face serious consequences, including new charges, fines, and jail time. Due to this very real concern, our firm fields calls every day from offenders who want to know if they can lift the EPO so they can return home lawfully. Here’s some helpful information we provide.

Always Follow Your EPO

You have to follow your EPO, even if you live with the victim. If your EPO is making it difficult for you to return to your home life or fulfill your familial responsibilities, speak with an attorney about your options before you violate it. In the event that you choose not to follow the EPO, you risk being re-arrested and charged with violating the protective order (a Class A misdemeanor unless there are some aggravating factors proven). Generally speaking, a person gets caught violating a protective order when someone calls the police to notify them of such a violation.

In our experience, if a couple chooses to violate the EPO and there are no calls made which notify the police or court of the violation, then it goes unnoticed. Yet, this is a big gamble to take with your freedom when you cannot say for certain whether or not someone will report to you to the authorities for violating the EPO.

Ask the Court for Relief

In these situations, you might be able to ask the court to lift or amend (modify) the EPO. Following an assault family violence offense, the judge will be hesitant to lift your EPO outright. EPOs serve an important purpose. They protect the victim of the assault from further harm. But if the victim does not need or want the protection and the EPO is preventing the offender from fulfilling certain responsibilities, you may ask the judge to amend it to ease the burden.

EPOs typically contain a number of restrictions and conditions, which may or may not be necessary. If the victim consents, the judge can lift certain conditions, such as being prohibited from returning home, while keeping others in place, like refraining from committing future acts of assault. This way, the judge can ensure the EPO still provides valuable protections without removing the opportunity to pursue legal recourse should the offender assault the victim again.

It is important to realize that such an amendment is quite rare! Therefore, the EPO will more than likely remain in place.

Questions About Emergency Protective Orders in Texas?

Remember, you must follow an EPO for its duration. But if you want to learn about how you can amend your EPO, consult with a seasoned Dallas-Fort Worth criminal defense attorney . An attorney can help you take steps to minimize your chances of violating your EPO.

If you have an EPO in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Emergency Protective Orders in Texas: Watching Your Step appeared first on JBABB Criminal Defense Attorneys .

Repeat Domestic Violence Offender in Texas? You Could Face Continuous Family Violence Charges

Thu, 26 Apr 2018 09:00:00 GMT

Repeat Offenders Can Face Serious Charges

The State of Texas takes family violence (i.e. domestic violence) very seriously. Thus, punishments for family violence offenses are harsh and geared toward rehabilitating the offender and preventing future harm. Not surprisingly, if you are a repeat domestic violence offender in Texas, expect the court to charge with you continuous family violence and enhance those penalties significantly. Now let’s take a look at the specifics of this offense and the penalties you could face for a conviction.

What Is Continuous Family Violence?

Continuous violence against the family is a charge that applies to repeat family violence offenders. Under Texas Penal Code §25.11, a person can be charged with continuous violence against the family if he or she commits assault against a family or household member two or more times within a 12 month period. The second or subsequent offense does not have to be against the same victim. It can be against any member of your family or household, as defined by law under Texas Family Code §71.003 .

Who Is a Family or Household Member?

To be charged under PC §25.11, the alleged victim must be a family or household member. A household is defined as a group of people residing in one dwelling unit, who may or may not be related. Members of a family can include people who are related by consanguinity or affinity, parents of the same child, former spouses, or are a foster parent or foster child.

Enhancing the Penalties

Continuous family violence is a third-degree felony in Texas and is punishable by between two and ten years of incarceration by the Texas Department of Criminal Justice. The court may also impose a fine of no more than $10,000.

Continuous family violence is a serious charge in Texas. Thus, it’s essential you work closely with a seasoned Dallas-Fort Worth family violence defense attorney whenever facing family violence charges. To avoid the life-changing consequences of a felony conviction , it’s important to explore all your options for fighting your charges before you make any decisions in your case. An attorney can help you do this so that you minimize the negative consequences of your charge.

If you are facing continuous family violence charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Repeat Domestic Violence Offender in Texas? You Could Face Continuous Family Violence Charges appeared first on JBABB Criminal Defense Attorneys .

Raising the Stakes: Aggravating Factors in Texas DWI Cases

Wed, 25 Apr 2018 09:00:00 GMT

Upping the Ante

If you are charged with DWI in Texas, you could face steep fines and surcharges, community service, DWI classes, increased insurance requirements and potentially jail time. And in light of certain aggravating factors, the court can increase those penalties significantly. Aggravating factors are elements that, if present, give the court reason to “enhance” your sentence if you are convicted. Common aggravating factors in Texas DWI cases include:

A Prior DWI Conviction

A prior DWI conviction if proven will increase the minimum jail sentence associated with the charge. The public policy behind this increase is that the person charged did not learn from the first DWI conviction. However, a knowledgeable DWI attorney may be able to keep out prior convictions or even get the State to agree to not consider it.

Open Container of Alcohol in the Car

If you have an open container of alcohol in the car when you were driving while intoxicated, you could face a mandatory six-day jail sentence . Driving with an open container of alcohol is a crime in and of itself, typically punishable by just a fine unless you are underage.

Underage Drinking

In Texas, there are two types of charges for driving under the influence of drugs or alcohol: DWI and DUI. DWI applies to drivers over the age of 21 who drive while intoxicated. DUI applies to underage drivers for driving under the influence. An underage driver need not be intoxicated to face DUI charges and may face additional charges for underage drinking.

High BAC

A high BAC in Texas is an aggravating factor in DWI cases. If your BAC (blood alcohol concentration) level was .15 or higher, you could be charged with a Class A Misdemeanor . Interestingly though, the minimum jail sentence (0 days in jail) for a first time DWI where the BAC is equal to or greater than 0.15 is actually less than if your BAC was less than 0.15. Therefore, a BAC equal to or greater than 0.15 might work to your benefit in a DWI trial.

Minor in the Vehicle

If you have a child (under the age of 15) with you when driving while intoxicated, you will face felony charges .

Causing an Accident

If you cause an accident and someone was seriously injured, you could face harsher penalties.

Aggravating Factors? Call an Attorney

The State of Texas provides many situations where courts can go above and beyond the standard DWI penalties in light of aggravating factors. Your sentence could hinge on the numerous facts and circumstances of your case. Thus, always speak with an experienced Dallas-Fort Worth DWI defense attorney when facing DWI charges.

If you’ve been arrested for a DWI in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Raising the Stakes: Aggravating Factors in Texas DWI Cases appeared first on JBABB Criminal Defense Attorneys .

The Costs and Benefits of Plea Bargains

Tue, 24 Apr 2018 15:40:00 GMT

Plea bargains, also called plea deals, are a crucial component in many Texas criminal prosecutions. Most people think they have only two options when facing criminal charges: plead guilty to the charges or go to trial. In reality, most criminal cases are resolved prior to trial through a plea bargain. A plea bargain is essentially a negotiated “deal” wherein the defendant exchanges his or her guilty plea for a reduced charge or lesser sentence. But plea bargains have both benefits and costs that should be considered.

Benefits of Plea Bargains

Plea bargains are negotiated between the prosecution and the defense. They attempt to reach a mutually agreeable resolution: a better outcome for the defendant and a lightened trial load for the court. The courts want to avoid trial because they are resource intensive. Courts typically have a backlog of cases awaiting trial at any given point. The defendant also benefits. He or she avoids the costs, risks and uncertainty of trial. In a trial, the defendant’s fate is often in the hands of the jury. Moreover, the defendant saves attorney fees, court fees and the costs of obtaining evidence, such as expert testimony.

Plea bargains also have the added benefit of giving the defendant options. If he or she does not want to plead guilty to the charge he or she is facing, a plea bargain may provide a favorable alternative. For example, if the defendant was facing a charge with a mandatory jail sentence, his or her attorney might be able to negotiate a deal wherein the defendant serves no jail time.

Costs of Plea Bargains

While plea bargains can provide the defendant some level of flexibility in terms of options, they also come at a cost. Typically, you will need to hire an experienced attorney to get the best plea bargain. Although the defendant would still end up avoiding the cost of trial, he or she would most likely have to hire a criminal defense attorney skilled at negotiating plea bargains for best results.

The most important cost of plea bargains to keep in mind is the defendant is still pleading guilty. In a trial, the defendant would have a chance of acquittal. An acquittal would mean he or she would walk away with no criminal conviction. In accepting a plea bargain, the defendant is pleading guilty to a crime and will acquire a criminal record in the process. In light of this fact, it becomes less of a “bargain” and more of a burden. Unfortunately, many defendants don’t consider the costs of a criminal record until it’s too late. But if you consider the destructive potential of a criminal conviction, you can see how costly they are. For example, a criminal conviction can:

Long-Term Costs

These are just a few of the many harsh consequences of a criminal conviction. The worst part is these consequences often last a lifetime.

The only way to make an informed decision on how to plea is to discuss your case in detail with a seasoned Dallas-Fort Worth criminal defense attorney. An attorney can go over all the costs and benefits of plea bargains and advise you on what you should do given the details of your case.

If you’re facing criminal charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post The Costs and Benefits of Plea Bargains appeared first on JBABB Criminal Defense Attorneys .

Tips to Help a Friend or Family Member in Jail

Mon, 23 Apr 2018 15:34:00 GMT

Help in a Time of Need

Discovering a friend or loved one was arrested can be a scary experience. You want to help but, if you’re like most people, aren’t sure how. Luckily, there are many ways you can help your friend or family member in his or her time of need. To help you navigate the process during this stressful time, here are a few tips to follow when a friend or family member is in jail.

The first thing to do if you discover a friend or family member has been arrested is to locate him or her. Then, gather other important pieces of information so you can set to work. Specifically, you’ll want to find out:

If you don’t know where your friend or family member was taken, call the jail for the city in which he or she was arrested. Remember, stick to essential information when talking with your friend or family member in jail, i.e. do not talk about what happened that caused them to get arrested. Your communications aren’t confidential.

Jail Release

Next, you’ll want to get your friend or family member out of jail . Post the cash bail amount if you can. If you can’t post bail, your next step should be to call a criminal defense attorney. An attorney can either get the bail amount reduced or eliminated or post a surety bond. A surety bond is a promise the attorney makes to the court that the defendant will appear in court as instructed. Then, that attorney can start to work on the case.

An alternative to working with an attorney to post bail is to work with a bail bondsman. Typically, you pay 10-15% of the total bail amount to the bondsman, who then posts the amount needed to secure your friend or family member’s release from jail. You do not get that percentage back, however, and the bail bondsman cannot provide legal advice or representation. Conversely, if you work with an attorney, your friend or family member will have a good head start. The sooner you involve an attorney, the more an attorney can do to fight the charges.

Seek Advice When a Friend or Family Member Is in Jail

If you haven’t already, talk to a few attorneys about your friend or family member’s situation. Now is when that important information you gathered will be helpful. Find an attorney with ample experience handling cases similar to your friend or family member’s. You will want to find one who has handled similar charges in the same jurisdiction. Once the attorney has a few basic pieces of information, he or she can explain what will happen next and what you can do to help.

Following the above tips can help you get your friend or family member out of jail. Also, remember these tips if you ever find yourself in a similar situation.

If your friend or family member has been arrested and is now in jail in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to help your friend or family member. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Tips to Help a Friend or Family Member in Jail appeared first on JBABB Criminal Defense Attorneys .

DWI vs. DUI in Texas: Different Offense, Different Punishment

Fri, 20 Apr 2018 16:24:00 GMT

Not the Same Offense

Every state handles drunk-driving cases differently. Many use the terms DWI and DUI interchangeably. But Texas distinguishes between the two. DWI and DUI are separate yet similar offenses. Thus, if you have been arrested for drunk driving, it’s essential you educate yourself on these two offenses so you can know what you’re up against.

Texas DUI

DUI is the less serious of the two offenses. It applies to minors who drive under the influence of alcohol or drugs. This means a minor can be charged with a DUI for having any detectable amount of alcohol in his or her blood. The minor’s BAC level (blood alcohol concentration) can be well below the State threshold of .08% that applies to DWI cases. This is Texas’s zero tolerance law, which applies to minors.

DUIs are charged under the Texas Traffic Code, as opposed to the Texas Penal Code. But don’t let the code designation fool you; a DUI comes with harsher penalties than a simple traffic violation. DUI is a Class C Misdemeanor , punishable by a fine of up to $500, a license suspension of up to one year, alcohol education classes, and potentially community service and an order to install an ignition interlock device in your car.

Texas DWI

DWIs fall under the purview of the Texas Penal Code and are treated more seriously than DUIs. You can face DWI charges if you drive while intoxicated. This is statutorily defined as not having the use of your normal mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or with a BAC (blood alcohol concentration) of .08% or higher.

The penalties for DWI are more serious than those for DUI. For example, a first-time DWI offender can face a fine of up to $2,000, 72 hours to 180 days in jail, and a license suspension of up to one year. This is in addition to an annual fee (surcharge) of $1,000 for three years to maintain your driver’s license . These are just the court-imposed penalties. You may face other consequences such as increased insurance requirements and even the loss of your job.

Educate Yourself

Facing DUI or DWI charges can be stressful. The thought of losing your license for up to a year can leave you feeling panicked. Luckily, these are just the potential penalties the court can impose. In reality, you need to speak with an experienced Dallas-Fort Worth DWI/DUI defense attorney to get a better understanding of the consequences you face. The facts and circumstances of your case can impact the penalties the court can impose significantly. An attorney can inform you of these and help you formulate a plan of action to fight your charges or minimize the impact of a conviction.

If you’re facing DWI or DUI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post DWI vs. DUI in Texas: Different Offense, Different Punishment appeared first on JBABB Criminal Defense Attorneys .

Weighing Your Chances in a Texas Criminal Trial

Fri, 20 Apr 2018 09:00:00 GMT

Is Trial a Good Idea?

Criminal trials are complex legal proceedings. Weighing your chances at a Texas criminal trial is impossible without a full examination of the facts and circumstances of your case. Even then, a good attorney can only give you a general idea of what the outcome may be. For this reason, you should consult with an experienced Dallas-Fort Worth criminal defense attorney to discuss your case. But, in the meantime, here is some helpful information on the factors that can affect the outcome of a trial.

Who Decides?

Trials in Texas are most commonly jury trials, meaning a panel of jurors decides the verdict and sometimes even the sentence. Jurors are everyday citizens. They are selected to be free from bias and prejudices. But it’s difficult to know how any given jury will decide. An attorney with trial experience should give you an idea of the factors that come into play when juries decide on cases.

A criminal defendant in Texas has the right to have the jury decide the punishment. Jurors are educated on sentencing guidelines and instructed on what factors can influence a sentence. In some cases, letting the jury decide the sentence is the best way to ensure a fair punishment. In others, it may be advisable to let the judge decide.

The Timeline

It could take a while before your case goes to trial. If you are awaiting trial while in jail, your case will move more quickly. But, in general, much of the delay in criminal trials comes from the court’s backlog of cases. In fact, this is why prosecutors are keen to offer plea bargains when defendants plead not guilty. The plea bargain works in the defendant’s and the court’s favor. The prosecutor may offer the defendant a lesser charge or a reduced sentence in exchange for a guilty plea. The court, in turn, reduces its backlog of cases awaiting trial.

Every Case Is Different

It’s best to explore all your options for fighting your charges with an attorney. While your chances of acquittal may be hard to estimate, a seasoned attorney can evaluate the facts and circumstances of your case and advise you on the best course of action. Trial isn’t for everyone. In many cases, plea bargains are preferable. But it requires going over all the details in your case with a skilled Texas criminal defense attorney to know what your best option is.

If you are facing criminal charges in Dallas-Fort Worth, JBabb – Criminal Defense Attorneys is here to help. JBabb Criminal Defense Attorneys can aggressively protect your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Weighing Your Chances in a Texas Criminal Trial appeared first on JBABB Criminal Defense Attorneys .

How to Quickly Lift a Texas Warrant

Thu, 19 Apr 2018 09:00:00 GMT

First Steps to Deal With Your Warrant

Many people panic when they find out they have an outstanding warrant . Even if your warrant is for unpaid traffic tickets, police can arrest you at any time and any place.

Warrants are not easy to resolve or “lift.” While you may have many options for doing so, each of those options comes with pros and cons. You could easily choose the wrong option for your case and suffer the consequences.

In some cases, those consequences can end up costing you much more than the ticket itself. Thus, you should always work with a seasoned Dallas-Fort Worth criminal defense attorney if you have a warrant. An experienced attorney can learn about your case and lift your warrant quickly and cost-effectively. Review this basic information on lifting Texas warrants to increase the productivity of your meeting with your attorney.

You can lift your warrant with a number of methods.

Do Jail Time

Many people mistakenly believe doing jail time instead of paying their ticket will be the cheapest way to lift the warrant. Some people even think this is their only option if they can’t afford to pay their expensive ticket. In reality, doing jail time is the equivalent of pleading guilty to the offense. It may have the indirect result of resolving your warrant, but it doesn’t save you from the other penalties associated with the offense, and some Class C convictions have very expensive surcharges and/or suspensions associated with them.

Pay the Ticket

You can also pay your ticket to lift the warrant. But paying the ticket is also seen as a guilty plea. So, once you pay the ticket and lift the warrant, you can be subject to more penalties, including surcharges. If you fail to pay those surcharges or miss a payment, your license can be suspended.

Post a Cash Bond

Another option is to request a new court date. To do this, you may have to pay a cash bond. But this is a high-risk move. If you miss your new court date, even accidentally, you forfeit the cash bond amount and are right back to square one.

Hire an Attorney to Post a Surety Bond

The best option is to hire an attorney to post a surety bond on your behalf. This lifts the warrant and reinstates the case on the court’s docket, and you have someone knowledgeable to appear for you in court to obtain the best deal for you, which may be to have the case dismissed! Moreover, you don’t have to take time out of your busy schedule to appear in court; the attorney does that for you!!

If you have a warrant in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post How to Quickly Lift a Texas Warrant appeared first on JBABB Criminal Defense Attorneys .

Occupational Driver’s License: Drive Legally When Your License Is Suspended

Wed, 18 Apr 2018 09:00:00 GMT

The Step to Save Your License

If your license is suspended, it can be difficult to meet your daily responsibilities. You may need a license to drive to work, school or carry out essential household duties. Fortunately, the State of Texas allows people with suspended licenses to obtain an occupational driver’s license under certain circumstances.

An occupational driver’s license is a restricted driver’s license that allows you to perform essential functions. Typically, allowable uses include driving to work, school, and the grocery store or to medical providers. An occupational driver’s licenses (ODL) can help you if your license was suspended. But there are limitations to the benefits, so here are some important things you should keep in mind.

A Look at Occupational Driver’s Licenses

ODLs can be a lifesaver when your license is suspended, but you need to get to work or school. We can obtain an ODL that allows for the operation of a vehicle for up to 12 hours (actual driving time) during any 24-hour period.

You cannot drive a commercial vehicle with an ODL. You may use your ODL to drive to your place of employment, but you cannot drive a commercial vehicle. Commercial drivers who are facing license suspensions should speak with an experienced criminal defense attorney to discuss their options.

To obtain an ODL, you have to submit proof of financial responsibility to the Texas Department of Public Safety. This is also called an SR-22 filing. We recommend that our clients use a specific company for SR-22 insurance, Accurate Concept Insurance Agency . They have a method that permits the issuance of SR-22 insurance without your current insurance company raising its rates. It’s a no-brainer!

You will have to petition the court for your ODL, which can then be issued by the Texas Department of Public Safety.

Obtaining Your ODL

Although the entire process involves several steps and can take weeks, we generally can obtain one in a matter of a few days, and sometimes we can get it by the next day. If you are in a hurry to get an ODL so you can resume your daily activities, speak with an experienced Dallas-Fort Worth criminal defense attorney. Find one with experience handling driver’s license matters such as occupational driver’s licenses. An attorney can tell you whether or not you are eligible for an ODL.

If you need criminal defense help in Dallas-Fort Worth, JBabb – Criminal Defense Attorneys is here to help. JBabb Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

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Demystifying Texas Drug Cases and Search and Seizure Laws

Tue, 17 Apr 2018 09:00:00 GMT

Know Your Rights

The U.S. Constitution protects you from unreasonable search and seizure . Law enforcement routinely searches people and their property to seize valuable evidence. This is particularly common in drug cases. Search and seizure remains a large component of law enforcement protocol. When investigating drug cases, obtaining evidence is of utmost priority. Texas has very strict controlled substance laws with severe penalties. The consequences of drug possession can vary widely based on the substance, the quantity, the context and the defendant’s criminal history. Thus, it’s essential to thoroughly understand search and seizure laws when facing drug charges.

Following Protocol

Typically, a police officer must have a warrant signed by a judge to search your person or property. If police conduct a search without a valid warrant, a judge may rule the evidence seized is inadmissible in court. Inadmissible evidence cannot be held against you.

But there are situations where law enforcement cannot obtain a warrant in a reasonable amount of time to apprehend suspects or seize evidence. The law provides police officer certain situations where they can perform a search without a warrant, including:

Outside of these situations, there are very few instances in which a law enforcement officer may search your person or property and seize evidence in your possession.

Factors in Drug Cases

In drug possession or possession of drug paraphernalia cases, search and seizure laws are fundamental. It’s crucial to understand your rights and protections under the law, especially when facing a possession charge. One of those protections is freedom from unreasonable search and seizure.

Speak with a Dallas-Fort Worth criminal defense attorney if you think a law enforcement officer illegally searched you or your property. An attorney can evaluate the facts and circumstances of your case and advise you on whether the officer performed an illegal search. If so, the attorney can file a Motion to Suppress evidence in your case. Suppressing evidence can significantly weaken the prosecution’s argument. In some cases, this results in the case being dismissed altogether.

If you are facing drug charges in Dallas-Fort Worth, JBabb – Criminal Defense Attorneys is here to help. JBabb Criminal Defense Attorneys can aggressively protect your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collins, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Demystifying Texas Drug Cases and Search and Seizure Laws appeared first on JBABB Criminal Defense Attorneys .

How to Be a Proactive (and Productive) Criminal Defendant

Mon, 16 Apr 2018 09:00:00 GMT

The Road Ahead

Many people feel helpless when facing criminal charges. But what they don’t realize is they have more control than they think. You control—in part—the outcome of your case. And, oftentimes, the more you put into your defense process, the more you get out. Criminal defendants who don’t make an effort often get disappointing results. But those who are proactive and thus productive can obtain case outcomes that far exceed their highest expectations. To help you be the latter, here are some essential tips on how to be a proactive criminal defendant.

Don’t Do Their Job For Them

Exercise your right to remain silent . Too many criminal defendants think they can talk their way out of things or provide the police with an explanation so good they will drop the charges. In reality, they are giving law enforcement and the district attorney’s office everything they need for a conviction. They are essentially giving them a confession, making their job easier. Don’t do the work for them. Make them find other sources of evidence to convict you. Protect your Constitutional rights.

Do Your Homework

Keep good records of your case. This will help your attorney get the best outcome possible. Try to compile the following helpful information:

You will need most of this information whether you are working with a private attorney or a public defender.

Also, educate yourself on the penalties you could face and your options for handling your case. An attorney can help you do this. Ask your attorney what the best course of action is. In certain circumstances, you can negotiate a plea bargain or even stand a good chance at trial. But you need to learn about these potential options to be able to choose the best one to shoot for.

Foster a Good Working Relationship With Your Attorney

Help your attorney by providing the information they need to help you. Common courtesies such as showing up to meetings on time, bringing requested documents and being polite and respectful of their time can go a long way toward a productive working relationship. Remember, your attorney is trying to help you get the best outcome possible given your situation. You may feel overwhelmed now, but taking the time to handle your case wisely will pay big rewards.

Facing criminal charges is something you are rarely prepared for. But if you can heed these tips, your chance of being satisfied with the outcome of your case will be greater. Consult with a Dallas-Fort Worth criminal defense attorney if you are facing criminal charges. A seasoned attorney can help prepare you for the difficult journey you face, giving you peace of mind and a better chance at a favorable outcome.

The post How to Be a Proactive (and Productive) Criminal Defendant appeared first on JBABB Criminal Defense Attorneys .

Top Tips for Facing Felony Charges in Texas

Fri, 13 Apr 2018 09:00:00 GMT

Facing a Felony? Here’s What You Need to Know

The State of Texas defines felonies as crimes that are punishable by terms in state prisons or Texas Department of Correction. Felonies are typically considered more serious than misdemeanor crimes because of the potential of prison time. Felony convictions also carry the possibility of steep fines. Federal law prohibits felons from owning or possessing firearms. In addition to these consequences, you could lose your professional license or even your job.

When the stakes are this high, it’s normal to feel anxious about what your future holds. You are right to be worried, but do not give up hope. Our experienced attorneys who’ve helped many Texans face and overcome felony charges compiled this list of tips to guide you in your time of need.

Stay Quiet

The most important piece of advice for anyone facing felony charges is to remain silent. Do not speak with police officers, detectives or anyone from the district attorney’s office. You have a Constitutional right to freedom from self-incrimination. Simply put, this means you do not have to give the courts the information they need to convict you. You hold the cards when it comes to information about the allegations you face. Keep that information to yourself and for your attorney.

Learn About the Penalties

The best thing you can do when facing felony charges is to consult with a Texas criminal defense attorney. Ask about the court-imposed penalties you could face and what those mean. Educating yourself on the consequences of a conviction should be one of the first things you do in your case. Knowing what is at stake will help guide your decision-making.

Explore Your Options

Learning about your options may give you peace of mind. Facing felony charges does not mean a conviction is imminent. A good attorney will be able to evaluate the facts and circumstances of your offense and advise you on what you can do to fight your charges, negotiate a plea bargain or receive a reduced sentence.

Be Patient

Resolving your case almost certainly will not happen overnight, especially if you want a good deal or even a dismissal. Some people plead guilty or no contest as a knee-jerk reaction. They want to be done with the whole ordeal. But pleading guilty only means the criminal courts will be involved in your life for longer. Not only will you face sentencing, but you could also be subject to probation for up to 10 years. Also, you will carry your criminal record with you for years to come. Use this time to explore all your options and learn about your rights.

As a last word of caution, don’t face your charges alone. Work closely with an experienced Dallas-Fort Worth criminal defense attorney. Do not take any chances when facing felony charges. You need savvy legal representation to avoid the worst outcome.

If you are facing felony charges in Dallas-Fort Worth, JBabb – Criminal Defense Attorneys is here to help. JBabb Criminal Defense Attorneys can aggressively protect your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Top Tips for Facing Felony Charges in Texas appeared first on JBABB Criminal Defense Attorneys .

Criminal Record Cleaning: Everything You Need to Know to Get Started

Thu, 12 Apr 2018 09:00:00 GMT

A Clean Start

Now is a better time than ever to explore criminal record cleaning. More employers are running background checks on employees and applicants. And almost anyone can access your criminal background online. Unfortunately, the discrimination against those with criminal convictions hasn’t lessened, putting many at an unfair disadvantage.

But the good news is there are steps you can take to clean your record. You may be able to limit public access to your record or remove certain pieces of information. The best way to have a clean criminal record is to avoid run-ins with the law in the first place. But if you’re past that point, here’s what you need to know about criminal record cleaning.

Your Options

For those with adult criminal cases, there are two options for cleaning your record: expunctions and Orders of Nondisclosure.

Expunctions

Expungement permanently removes certain pieces of information from your criminal record. If the court grants your request for an expunction , you can deny the incident ever took place. You can legally say you were never arrested for, charged with or convicted of the crime you had expunged. Expunctions are a good option for those who are eligible as they reduce the stigma associated with a criminal conviction. You may be eligible to file a Petition for Expunction for:

Other eligibility requirements may apply. Always speak with an experienced Texas expungement attorney before filing your petition.

Orders of Nondisclosure

An Order of Nondisclosure limits the information law enforcement agencies can release to the public. This is crucial given the ease with which the public can access criminal records. The information will still be visible to law enforcement agencies and courts, but not to the public, including landlords and most employers. This is an ideal option for those ineligible for an expunction.

You may be eligible to file a petition for an Order of Nondisclosure if you successfully completed a deferred adjudication and finished your community supervision. There may be other requirements, so confirm your eligibility with an attorney. For example, you cannot petition for an Order of Nondisclosure until statutorily permitted to do so, and subsequent charges may affect your eligibility.

The process and requirements for cleaning juvenile adjudications and offenses from your record may differ. Work with a Texas criminal defense attorney if you want to clean your juvenile record.

Starting Fresh

Criminal record cleaning can give you a chance to start fresh. It can improve your chances of getting a job, an apartment or a loan. But courts can deny Petitions, so it’s essential you first speak with a Dallas-Fort Worth criminal defense attorney before you file one. An attorney familiar with the specific facts and circumstances of your offense can best explain the full list of eligibility requirements and restrictions and the complete step-by-step process. It is well worth your time and resources, however, to move on from your arrest, charge or conviction confidently.

If you need to clean your record and are in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Criminal Record Cleaning: Everything You Need to Know to Get Started appeared first on JBABB Criminal Defense Attorneys .

3 Reasons to Fight Assault Family Violence Charges

Wed, 11 Apr 2018 09:00:00 GMT

Why You Should Defend Yourself

Assault family violence charges are very serious. The consequences of an assault family violence conviction are far-reaching. Thus, you should not take them lightly. No matter the degree of the offense, an assault family violence conviction can result in severe penalties. Specifically, here are three reasons why you should always fight family violence charges.

Court-Imposed Penalties

Texas courts aggressively prosecute family violence offenders. Defendants face a lifetime of legal and social repercussions for a conviction. A first assault family violence conviction is a Class A misdemeanor and is punishable by:

The judge can also order you to pay victim restitution. Restitution compensates the victim for costs associated with the incident, such as medical bills or counseling. The judge may also probate your sentence, giving you probation or “community supervision” instead of the maximum sentence.

These penalties aren’t the only reasons why you should fight an assault family violence charge. The penalties for a second assault family violence conviction increase significantly. You can be charged with continuous family violence for a second assault family violence conviction in one year. Continuous family violence is a third-degree felony, punishable by up to ten years in prison and/or a fine of up to $10,000.

Subject to a Protective Order

In some assault family violence cases, the judge will issue an Emergency Protective Order (EPO). EPOs are also known as a “stay away” orders. EPOs and their long-term counterparts (Protective Orders) restrict the restrained person in many ways. Most notably, the restrained person is prohibited from contacting or coming near the victim or the victim’s family. Violation of a Protective Order is a criminal offense and can result in jail time and additional penalties. EPOs are typically short in duration, from between 31 and 91 days. Final Protective Orders can last up to two years.

Loss of Your Family

If convicted of assault family violence, you may suffer social consequences as well. You could lose custody of your children, be prevented from entering your home and lose respect in your community. These effects can be even more deleterious than criminal penalties and can affect you for years to come.

Never underestimate the consequences of an assault family violence conviction. Do not let the court convict you without a fight, and for assault family violence cases deferred equals a conviction. The first step to fighting your assault family violence charges is to speak with an attorney about your case. The specific facts and circumstances of your offense will significantly influence your options for fighting your charges or receiving a reduced sentence or even an outright dismissal. The overwhelming supermajority of assault family violence cases that we handle result in dismissals.

Are you facing charges of assault family violence in the Dallas-Fort Worth area? If so, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post 3 Reasons to Fight Assault Family Violence Charges appeared first on JBABB Criminal Defense Attorneys .

Arrested for Texas Family Violence? Essential First Steps

Tue, 10 Apr 2018 09:00:00 GMT

After Your Arrest

Being arrested for family violence is a stressful experience. It can feel like a violation of the privacy of your home life and as if the State doesn’t care about your side of the story. When facing family violence charges, your first steps are the most crucial. To help you navigate the initial stages of your family violence case, here are some essential first steps you should take after your arrest.

Think Before You Speak

Don’t plead guilty or no-contest before learning about your options and your rights. The State of Texas treats assault/family violence cases more seriously than assault cases. Even just one assault/family violence conviction on your record could cause you to lose custody of your children, your right to enter your home or even your job. A plea on an assault family case will come with an affirmative finding of family violence. What does this mean? It means that you will no longer be able to possess firearms without violating Federal law, you will never be able to erase or seal this case from the public record, and if you are ever accused of family violence in the future, even at the Class C level, the State can choose to enhance the case to a felony level charge! These cases are always worth fighting. In fact, it makes absolutely no sense not to fight a family violence case. But it’s essential you fully understand your rights before you make any decisions that may have lasting consequences.

Keep to Yourself

Stay clear of the victim and the victim’s family if the court ordered you to do so. The consequences of an assault/family violence charge often include an Emergency Protective Order (EPO). EPOs are also known as “stay away” orders. EPOs prohibit the restrained person from coming near or contacting the victim, the victim’s family, home or place of work. Heed all conditions of your EPO even if the victim tries to contact you. Typically, EPOs are legally enforceable for 31-91 days, during which time you could be arrested for violating the Order. The court can also issue a final Protective Order when your case resolves. Courts issue EPOs in many—but not all—assault/family violence cases.

Find an Advocate

The State of Texas takes family violence very seriously. These aren’t the type of cases the court is likely to go easy on. Expect to fight for your rights and your freedom. Even if the victim agrees to drop the charges, the district attorney’s office has all the decision-making power. The district attorney will often prosecute the defendant no matter what the victim wants. When facing the potential penalties of a family violence conviction, which are severe, you need to find a legal advocate. Specifically, find one who knows Texas assault/family violence laws thoroughly. Only a Texas criminal defense attorney with experience handling assault/family violence cases can help you face your charges and work to minimize the negative consequences of your arrest.

If you’re facing assault/family violence charges in Dallas-Fort Worth, JBabb – Criminal Defense Attorneys is here to help. JBabb Criminal Defense Attorneys can aggressively protect your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Arrested for Texas Family Violence? Essential First Steps appeared first on JBABB Criminal Defense Attorneys .

Texas DWI: What’s the Worst That Can Happen?

Mon, 09 Apr 2018 09:00:00 GMT

Facing the Penalties

If you’ve been arrested for a DWI in Texas, you face many life-altering consequences. If you’re thinking, “what’s the worst that can happen?” you are being sensible. The best thing you can do when facing any criminal charge is to find out what penalties the court could impose, so you can make informed decisions about how to handle your case. And when it comes to DWI charges in Texas, those penalties can be severe. Let’s take a look.

Texas DWI

DWI in Texas is a Class B misdemeanor. The penalties imposed for a DWI (Driving While Intoxicated) conviction in Texas include:

This range of court-imposed penalties is for a first offense with no aggravating circumstances. The penalties increase significantly if:

A Note on Probation

Some defendants may receive probation instead of a full sentence. But beware because probation is costly. The terms of a standard Texas DWI probation may include:

We typically do not recommend that someone take probation for a first-time DWI because the total costs can run about $4500. Also, there is little benefit with regard to a person’s record; probation and jail time are both considered criminal convictions in Texas.

Texas DWI penalties can be severe. The good news is juries give many first-time offenders reduced sentences. In some cases, the jury will give someone the minimum punishment possible which may be either 72 hours in jail or 0 days in jail depending on the charge.

This sounds counterintuitive to what you might have heard, right? For this reason, you should always consult with a seasoned Dallas-Fort Worth criminal defense attorney when facing DWI charges. We’ve represented clients who have completed a short jail sentence and probation. Guess what they tell us? If they had it to do over again, they would take the short jail sentence so that the case is finished instead of spending 12-24 months of their life under the government’s thumb, jumping through a bunch of hoops. The sooner you involve an attorney, the better your chance of minimizing your punishment. Plus, by going to trial on the case you may be found not guilty which means there is no punishment and you can immediately remove the arrest and charge from your record. That’s the outcome you really want!

If you’re facing DWI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Texas DWI: What’s the Worst That Can Happen? appeared first on JBABB Criminal Defense Attorneys .

Class A and Class B Texas Misdemeanors: Potential Penalties

Fri, 06 Apr 2018 09:00:00 GMT

Crime Classes

Many people think of misdemeanors as less serious than felony crimes. But misdemeanors still have the potential to carry harsh sentences including incarceration and steep fines. Texas misdemeanors are divided into classes or offense categories. These classes represent the seriousness of the crime, and, accordingly, carry different ranges of punishments. Let’s take a look at Class A and Class B Texas misdemeanors and the potential penalties they hold.

Statutory Punishments for Texas Misdemeanors

Class A Texas misdemeanors are punishable by:

Class B Texas misdemeanors are punishable by:

Not Set in Stone

These are the maximum allowable punishments according to Texas law. Note, however, these are not necessarily mandatory or minimum punishments. It is not uncommon for a first-time offender to receive less jail time, a lower fine or one or the other. In some cases, you may be able to get community supervision (i.e. probation) in lieu of incarceration. But misdemeanor probation in Texas involves a host of strict terms and conditions. Probation is also expensive due to numerous fines and fees the defendant must pay. Many defendants who take probation later regret their choice. For this reason, you should always work closely with an experienced Dallas-Fort Worth criminal defense attorney when facing Class A or Class B Texas misdemeanors so that you can make the best decision about how you want to handle your case.

A Third Class

Texas also has Class C misdemeanors, which are punishable by a fine of up to $500 but no jail time. These include lesser offenses such as traffic violations and some types of theft. Because these are less serious, sometimes people make the mistake of not taking them seriously. But to avoid the negative consequences of a conviction, you should take every Texas misdemeanor charge seriously.

Making Informed Decisions

Facing misdemeanor charges can be overwhelming. It’s normal to feel apprehensive about the fines and incarceration the court can impose. These are all very real concerns because the criminal court system is rarely lenient or easy to navigate. To face your charges with confidence, you should speak with a Texas criminal defense attorney with experience handling misdemeanor cases. A seasoned attorney can immediately set to work to minimize the consequences of your charges.

If you’re facing misdemeanor charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Class A and Class B Texas Misdemeanors: Potential Penalties appeared first on JBABB Criminal Defense Attorneys .

Navigating Texas Animal Code Violations

Thu, 05 Apr 2018 09:00:00 GMT

Your Responsibilities

Animals, whether pets or not, have the potential to harm us. Accordingly, Texas strictly regulates the care and control of animals to ensure public safety. When people violate certain animal codes, they can face criminal penalties. If you own animals, you should learn about your rights and responsibilities under law to minimize the chance of negative consequences due to mishandling. One of the most common examples of Texas animal code violations is the improper handling of vicious dogs .

Stories of dangerous dogs whose owners did not properly secure them often make the front page of the news. Dogs, in particular, have a tremendous potential for harm and can be very dangerous if not properly handled. Dog owners can even face criminal charges if he or she fails to adhere to Texas animal codes and the dog then harms someone. Not only will the owner face criminal charges, but also, in many cases, he or she will be ordered to put the dog down.

Defining Negligence in Texas Animal Code Violation Cases

Criminal negligence is a common element in these types of offenses. The court may find an animal owner criminally negligent if he or she should have known the degree of risk (substantial and unjustifiable) of the conduct and also fails to exercise a standard of care one could expect from a prudent and reasonable person given the magnitude of the risk. And when it comes to animals like dogs, failing to maintain that standard of care can result in the death or injury of an innocent person.

A good example of criminally negligent behavior with regards to dog handling is a person who, despite knowing about a dog’s history of attacks, allows that dog to be unleashed in a public area and that dog then attacks and injures someone. Unfortunately, this type of situation is not uncommon in Texas.

Now, just because your dog attacked someone doesn’t mean you were criminally negligent. Again, you need to have been or should have been aware of the risk. If you adopted a dog with a known violent streak and failed to take proper precautions, such as keeping it secured at all times, you could be found criminally negligent if you failed to exercise caution and let your dog roam free.

Know How to Navigate Your Case

If you are facing criminal charges for an animal code violation, you should speak with a Dallas-Fort Worth criminal defense attorney. As an animal owner, you have certain obligations regarding the care and control of your animal. But your obligations are not unlimited. These cases sometimes hinge on factors like your animal’s history, your history as the animal’s owner and any prior animal code violations that arose from your control of the animal.

Find an attorney with experience handling these types of cases. If you were found criminally negligent by a criminal court, you would have little chance to fight a civil liability suit. And, again, the court may order the destruction of your dog. Thus, you need to work closely with an attorney to build a strong defense to your charges to minimize the negative consequences of your animal code violation.

If you’re facing charges for an animal code violation in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Navigating Texas Animal Code Violations appeared first on JBABB Criminal Defense Attorneys .

Texas Commercial Driver’s Licenses: Special Considerations

Wed, 04 Apr 2018 09:00:00 GMT

Your Livelihood On the Line

If you rely on your commercial driver’s license to make a living, protecting that license should be a top priority. When something threatens your commercial driver’s license (CDL), it’s essential you jump into action immediately to fully exercise your rights regarding your driving privileges. Otherwise, you risk losing your CDL and your job.

Disqualifying Offenses

The Texas Department of Public Safety (DPS) can disqualify your CDL temporarily or permanently for a number of offenses , including traffic violations. For example, the DPS will disqualify your CDL for:

It’s important to note that the DPS can disqualify your CDL even for moving violations committed when in your personal vehicle.

Your Right to Contest

As a commercial driver, your CDL is invaluable. Losing it, even for a short period of time, can ruin your career. The good news is you can request a hearing through the DPS to contest your CDL disqualification. Always take advantage of this opportunity. You must submit your request within 20 days of notice of your disqualification or you forfeit your right to contest.

If your license is suspended through the Texas Administrative License Revocation (ALR) program, you only have 15 days in which to request a hearing. The ALR program is an administrative process that suspends the licenses of anyone arrested for a DWI who refused to take or failed a breath or blood BAC (blood alcohol concentration) test.

Jump into Action

As you can see, there are steps you can take to save your CDL, but you must take those steps promptly and strategically if you are to prevail. Immediately requesting an administrative hearing through the DPL or the ALR is your first step. When your very career is on the line, it can be difficult to manage your case efficiently, which is where an attorney can step in to help.

With so much at stake, you will need to work closely with a Dallas-Fort Worth criminal defense attorney. In addition to contesting your disqualification, it is also important to fight the disqualifying charges you face. You will have your hands full if you are facing a CDL disqualification and will have to deal with both the administrative side of your suspension as well as the criminal charges you face. The only way to have the best chance at saving your license is to work with a seasoned attorney experienced in CDL defense.

If you’re facing CDL disqualification in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Texas Commercial Driver’s Licenses: Special Considerations appeared first on JBABB Criminal Defense Attorneys .

5 Unexpected Consequences of a Texas Family Violence Conviction

Tue, 03 Apr 2018 09:00:00 GMT

The Aftermath of a Texas Family Violence Conviction

A Texas family violence (domestic violence is interchangeable with family violence in Texas courts) conviction can have serious and lasting consequences. These cases are always worth fighting because a single conviction can result in harsh penalties, including potential jail time and fines. But Texas family violence convictions are unique in that they trigger a number of consequences you might not expect. Here are five unexpected consequences of a Texas family violence conviction.

Denial of Texas Hunting and Fishing Licenses

If convicted of a family violence offense, the State of Texas may deny you hunting and fishing licenses. This may come as some surprise but is just one example of the far-reaching effects of a family violence conviction.

Inability to Possess Firearms

Federal law prohibits those convicted of domestic violence or family violence from purchasing, owning or otherwise possessing firearms for life. Unlawful possession of a firearm is a criminal offense.

Loss of Custody or Visitation

It should come as no surprise that a family violence conviction could affect your custodial rights. In some cases, it may even affect your visitation rights if you do not have custody. Unfortunately, parents in bitter custody battles sometimes make false accusations of family violence in order to gain the upper hand in their cases. Indeed, many of our clients have found themselves in this exact situation. If you are going through divorce or a custody case, it’s imperative you speak with an attorney about your defense options.

Loss of Your Job

You could lose your job if you work in certain industries and are convicted of Texas family violence. You may be ineligible to hold certain positions such as teacher, nurse or doctor. You can even lose certain forms of professional licenses. In sum, a family violence conviction can affect your ability to work and earn a living indefinitely.

Enhancement

An affirmative finding of family violence at any level of will allow the State to enhance any future allegations of family violence to a felony level charge. That’s right! An affirmative finding of family violence even on a Class C misdemeanor family violence case permits the State to file a future Class C family violence case as a felony. For this reason alone you should fight any assault family violence case.

A Permanent Criminal Record

Unlike certain crimes, you cannot expunge or seal records of a Texas family violence conviction. If you are convicted, your criminal record will show that conviction for the rest of your life. If for no other reason than this, you should always fight family violence charges.

Surprised to learn about these unexpected consequences of a family violence conviction? You’re not alone. Many people don’t realize how serious family violence charges are until it’s too late. To avoid these consequences, speak with an experienced Dallas-Fort Worth family violence defense attorney promptly. An attorney can help you navigate your case to minimize the negative consequences. Again, these cases are always worth fighting, no matter the class of the offense.

If you’re facing family violence charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post 5 Unexpected Consequences of a Texas Family Violence Conviction appeared first on JBABB Criminal Defense Attorneys .

The Benefits of DWI Trials in Texas

Mon, 02 Apr 2018 09:00:00 GMT

How to Handle Your Texas DWI Case

When facing DWI charges, it can be difficult to know where to start and who to turn to. Speaking with an attorney should give you an idea of your options, but not all Texas DWI attorneys have the same approach to DWI defense. Some focus on obtaining plea deals and may pressure you to plead guilty for a reduced sentence. Others take a more aggressive approach and prefer to try every case.

In reality, every DWI case is different, but there are clear benefits to DWI trials. Find an attorney who will explain all your options for handling your case but will advise you on the best approach given the facts and circumstances of your offense. DWI trials are a good option for many cases, and here’s why.

A High Legal Standard

If you choose to plead not guilty, the prosecutor must prove each element of the case beyond a reasonable doubt . This is a high standard of proof and not one that is easily met. Don’t make the mistake of assuming because your BAC (blood alcohol concentration) was .08% or higher that you will be convicted. The prosecutor must satisfy every element of your case.

A Look at DWI Trials in Texas

If you choose to take your Texas DWI case to trial, you have some options. You can work with an attorney to leverage those options in your favor. For example, you will have a choice between a trial before a judge or a jury. If you have a trial before a judge, called a “bench trial”, the judge will also determine your sentence if you are convicted. If you have a jury trial , you have the choice to either let the judge determine your punishment or the jury. Again, these options give you flexibility and opportunities to maximize your chance of acquittal.

A Chance to Negotiate

Next, you should know that many DWI cases settle during pretrial negotiations. In these negotiations, your attorney can attempt to negotiate a plea deal (i.e. plea bargain) wherein you exchange a guilty plea for a punishment you can agree on. The court avoids a resource-intensive trial, and the defendant typically walks away with a punishment he or she is OK with.

But accepting a plea bargain is essentially accepting a conviction. And, while these negotiations take place, your case can be rescheduled several times. The court has regular delays, and your attorney and the prosecutor both have busy schedules. Note that this period of your case can take some time, but be patient. If you can’t resolve your case with a plea bargain, your case will be set for trial.

Prior to Trial

Before your case is tried, both sides may gather and submit evidence to the court. Your attorney will also have the chance to file any pretrial motions, such as:

A good attorney can strategically file such motions to strengthen your defense.

This information should give you a general idea of the benefits of DWI trials in Texas. A trial gives you a chance to defend your rights and challenge the prosecution’s argument. But you should speak with a Dallas-Fort Worth DWI defense attorney with trial experience if you are facing DWI charges. An attorney can evaluate all the facts of your case and give you personalized advice on what the best course of action is for you.

If you’re facing DWI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post The Benefits of DWI Trials in Texas appeared first on JBABB Criminal Defense Attorneys .

How to Overturn a Jailhouse Plea Within 10 Days

Fri, 30 Mar 2018 09:00:00 GMT

A Dire Situation

Most people who are put in jail are desperate to get out. Jail keeps you from fulfilling your normal responsibilities like going to work and taking care of your family. It’s easy to make hasty decisions when your freedom is on the line. Many defendants plead guilty to crimes prematurely in order to secure their freedom. But many quickly regret the mistake they made. Fortunately, Texas law provides defendants a way to withdraw their plea in certain situations.

The Jailhouse Plea

Defendants who are put in jail for a Class C misdemeanor, or on warrant for a Class C offense, are typically brought before a magistrate and asked to enter a plea. In many cases, these defendants will be told if they plead guilty or no-contest (nolo contendere), they will receive credit for their time in jail and will be quickly released.

The alternative to entering a plea of guilty or no-contest is, in many cases, scrambling to arrange a bail bond. This can take time, and many people don’t know where to start when faced with a high bail amount. As a result, some defendants feel pressured into pleading guilty or no-contest so they can return to their normal life. The problem is, once they make that plea, the reality of a criminal conviction sinks in. They may receive “credit” for their time in jail, but could also face fines, probation and a criminal record.

Securing a Second Chance

Fortunately, someone in this situation can file a Motion for New Trial and ask the court to set aside his or her conviction. When filed, the judge must overturn the conviction and set a new trial date. This essentially brings the defendant back to square one but provides them the time needed to consult with legal counsel and explore all defense possibilities. They also are able to use this time to fully consider the consequences of a conviction.

But time is of the essence. The defendant must file the Motion for New Trial within ten days of entering the original plea. For this reason, you should speak with an experienced Dallas-Fort Worth criminal defense attorney immediately if you think you want to pursue this option.

If you’re facing DWI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post How to Overturn a Jailhouse Plea Within 10 Days appeared first on JBABB Criminal Defense Attorneys .

Jail Release: How to Get Out of Jail Fast in Texas

Thu, 29 Mar 2018 09:00:00 GMT

An Unexpected Arrest

Being booked into jail can be a stressful and anxiety-ridden experience for anyone. Most people taken to jail after an arrest have jobs they need to get to and families to take care of. Understandably, one of the biggest concerns for those in jail is getting out as quickly as possible. Fortunately, our firm has put together this list of steps you can take to get out of jail fast in Texas.

What Is Bail?

In most cases, the process for jail release after an arrest is relatively simple. A seasoned attorney should be able to get you out of jail fairly quickly.

Typically, within 24 hours of your arrest, a judge will set your bail at an initial hearing. The premise of bail is simple.

Bail is cash the defendant pays to the court to obtain conditional release from jail. If you return to court as expected, the court will refund your bail, less any applicable fees. If you fail to return to court, however, you forfeit your bail, which the court then keeps.

If you cannot pay the entire amount in bail, and this is not uncommon, you can secure a bond. A bond is an obligation to pay the court. Typically, a bondsman (or your attorney) can post a bond to secure your release. This is called a surety bond. Again, this is an obligation to pay the court. If you fail to appear at your future court proceedings, you must fulfill that obligation. Also, the judge can issue a warrant for your arrest.

If you work with a bail bonds company, you can post your bail with fewer immediate costs. Essentially, the bail bondsman will post your entire bail, and you pay a certain percentage to the company. If you return to court, the company gets the bail refunded, and the percentage you paid to the company applies to your fees. But the company may require up to 15% of the total bail from you and could require collateral to secure your ability to pay the entire sum should you fail to appear in court. Also, many bond companies require you to check-in weekly with them in person. Thus, working with a bail bondsman can be high risk.

Options for Jail Release

Now that you understand what bail and bonds are, we’ll go over the options for getting out of jail fast.

First, call an attorney or have a friend or family member call an attorney. An attorney can do a few things for you. The ideal outcome is your attorney negotiates for your release on personal recognizance . This means the court agrees to grant you release from jail if you acknowledge your obligation to return to court and promise to fulfill it. No cash payments are involved. But some charges may preclude you from this option, so have an attorney advise you on the best option.

If the court won’t grant you release on recognizance, an attorney can work to reduce your bail to a more reasonable amount. If this isn’t a good option (and your attorney can advise you on this), your attorney can post a surety bond. Surety bonds secure the bond (and the obligation to pay the court) on your behalf.

Act Quickly

If you want to get out of jail fast in Texas, calling an attorney will be the quickest route to release. An experienced attorney can set to work on securing your release from jail using one of the methods above. A good attorney can get you out of jail quickly in the most cost-effective way possible.

If you’ve been arrested in the Dallas-Fort Worth area and want to get out of jail fast, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Jail Release: How to Get Out of Jail Fast in Texas appeared first on JBABB Criminal Defense Attorneys .

Bond Reduction: Exploring Your Options

Wed, 28 Mar 2018 09:00:00 GMT

A Fair Amount

Bail is the money you pay the court to be released from custody after an arrest. Typically, in misdemeanor cases, if you can post bail (i.e. pay your bail) you can go free. But not everyone can afford to pay exorbitant bail amounts. Judges have a wide amount of discretion when setting bail. Often they set the bail based on the facts at hand alone, before considering the defendant’s ability to pay. In these cases, it’s crucial you have an attorney help you.

Exploring Your Bond Reduction Options

The most ideal outcome is for an attorney to get you released on personal recognizance . Personal recognizance, also called own recognizance or “OR”, means you acknowledge your obligation to pay the court if you fail to appear at any of your scheduled court dates. A good attorney can secure your release on personal recognizance in many misdemeanor cases. With this type of release, there is no cash payment to the court. If you fail to fulfill your promise to return to court, however, the judge can issue a warrant for your arrest.

Alternatively, an attorney can file a Motion for Reduction of Bail. Bail cannot be excessive. But bail is often set using factors such as the nature of the offense and not the defendant’s financial standing. A Texas criminal defense attorney can use the regulations on bail setting to your advantage to negotiate a lower bail amount you can pay.

An attorney may also be able to secure a surety bond on your behalf. A surety bond (also called an attorney bond) is a promise made by your attorney that you will fulfill your obligation to appear in court. The benefit of having an attorney secure a surety bond is he or she can begin to work on your case even before you are released. If you work with a bail bondsman, you will end up paying a fee to the bail bond company but will not receive any legal guidance. Thus, having an attorney obtain a surety bond can be a better use of your resources in most cases.

Leverage the Law

Texas imposes strict regulations on the setting of bail and bonds . These regulations work to protect defendant rights and prevent oppression. If you want to make the most of those protections, work with an experienced Dallas-Fort Worth area criminal defense attorney. The best thing you can do for yourself is to speak with an attorney about your case. An attorney might be able to reduce your bond or post a surety bond on your behalf to release you from jail.

If you’ve been arrested in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post Bond Reduction: Exploring Your Options appeared first on JBABB Criminal Defense Attorneys .

How a Texas Traffic Ticket Can Lead to an Arrest

Tue, 27 Mar 2018 09:00:00 GMT

An Escalating Situation

Many Texas traffic tickets are Class C misdemeanors , punishable by a fine of up to $500. But if you don’t pay the fine, you could face even more legal trouble. In fact, failing to pay your fine could lead to an arrest and even another criminal charge.

Fulfilling Your Obligation

If you signed your ticket, you made a promise to show up at your court date. If you don’t appear in court, the judge can issue a warrant for your arrest. The judge can charge you with failure to appear and can fine you even more. And if the judge has already issued a warrant and you appear in court, you could potentially be arrested.

If you want to try to pay the ticket without going to court, know that in doing so you are most likely pleading guilty to the offense and will be convicted. You may also have to pay additional fees— called surcharges —to the Texas Department of Public Safety.

Seek Legal Guidance for Your Texas Traffic Ticket

Whatever you do, don’t think paying your ticket is the most cost-effective way of handling your case before you learn about your options and the consequences. Keeping a clean driving record is more important than ever, as Texas cracks down on unsafe drivers by charging excessive surcharges. As a result, mounting tickets could result in serious penalties.

Don’t make the mistake of failing to address a Texas traffic ticket. If you have a ticket you need to deal with, it is worth your time to consult with an experienced Dallas-Fort Worth criminal defense attorney who can help you navigate the process. This is especially important if you’ve already missed your court date. An attorney can explain what could happen if you don’t appear in court or pay your fine and help you identify the most efficient way to clear your name. Often, a seasoned attorney will know how to step in immediately and take control of your case to prevent your arrest and minimize the consequences of your ticket. That may involve going to court to fight the ticket for you so you don’t have to take time off from work or your other responsibilities.

If you need help dealing with an outstanding traffic ticket in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .

The post How a Texas Traffic Ticket Can Lead to an Arrest appeared first on JBABB Criminal Defense Attorneys .

The High Costs of Misdemeanor Probation in Texas

Mon, 26 Mar 2018 09:00:00 GMT

A Favorable Alternative? Perhaps Not

First-time misdemeanor offenders are sometimes given community supervision (i.e. probation). Typically, misdemeanor probation takes the place of incarceration. But probationers (the people on probation) must adhere to a litany of restrictions and regulations. Oftentimes, the costs of misdemeanor probation are high. If you are facing criminal charges, you should carefully consider these costs before accepting community supervision. To help you make an informed decision, we’ll go over some of the costs of misdemeanor probation.

The Costs of Misdemeanor Probation in Texas

Many people mistakenly think probation is easy. In reality, probation can disrupt your life significantly. Terms of misdemeanor probation can include:

You could also be subject to home inspections and even restrictions on where and for how long you can travel.

The conditions of your probation can vary based on your offense and other facts of your case.

The Other Risks

Given the harsh terms of misdemeanor probation, the risk of violation is high. And the judge can impose your full sentence if you violate your probation. In some cases, accepting probation can be like setting yourself up for failure. You remain under the purview of community supervision—and thus the courts—for longer than you would in jail. Indeed, some people regret taking probation in lieu of jail time because of the harsh and certain consequences of making one misstep.

Ultimately, you should fully consider all your options before making any decisions in your case. To do that, you need to speak with an experienced Dallas-Fort Worth criminal defense attorney. An attorney can explain how probation works and the penalties you could face for a violation. From there, you can work with your attorney to identify the best course of action given your charges and circumstances.

If you’re facing misdemeanor charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to minimize negative consequences. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI , assault/family violence, and other misdemeanors and felonies . Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney .