Do not be fooled by law firms that aggressively market on billboard, radio and through cleverly worded slogans about whether you should or should not provide a breath sample. The truth is that there is no “one size fits all” answer to this question, because each situation is unique. At the end ...
The Houston Chronicle has reported that a 2014 DWI conviction was reversed by an appellate court because the Houston Forensic Science Center failed to disclose sloppy lab practices. Sadly, this is not surprising to those who have followed the woes of the Houston Forensic Science Center, which ha...
Local law enforcement agencies are strengthening efforts to increase DWI arrests over the upcoming Labor Day weekend. Over the last several years there has been a popular trend among district attorney's offices in Harris County, Montgomery County, Ft. Bend County and others to have “no refusal” ...
In Texas, as in many other states, the severity of punishment for a DWI increases when the person charged has prior DWI convictions. Under Texas law, a person charged with a first DWI faces a Class B misdemeanor so long as that person's BAC is below a 0.15. A person arrested on a new DWI charge...
When most people hear “DWI” they think about driving under the influence of alcohol. But with an ever-increasing number of states legalizing either the medical or recreational use of marijuana, law enforcement has started to increase its attention to those who drive impaired due to their use of ...
As more states have legalized marijuana, the growing cannabis industry has taken advantage of the vaping trend by selling THC oil. While recreational marijuana is now legal in some states, it is still very much illegal in Texas. Possession of THC oil imposes even stiffer penalties than possessi...
Identity theft is an umbrella term that can refer to many different crimes. Anyone who uses or possesses another persons identifying information without that persons consent and with the intent to defraud or harm faces severe criminal and civil penalties. Often the source of the identifying in...
This is an easy one to answer: no. At least not without talking to an experienced criminal defense lawyer first. One of the most common questions we get when people contact us after they have come to realize that they are being investigated by the police is wont that make me look guilty if I...
A New Jersey police officer is facing charges for tampering with the breath machines that are used as tools to convict people charged with DWI. These charges stem from the officer skipping vital steps in calibration procedures. Sadly, this is an all too common phenomenon. Recently, the Galvest...
The Engaging in Organized Criminal Activity (EOCA) statute, as codified in Chapter 71 of the Texas Penal Code, was created as Texass version of the Federal Racketeer Influenced and Corrupt Organizations (RICO) statute. Tex. Pen. Code §71.02(a) says that [a] person commits an offense if, w...
On October 27, 2017, Paul Manafort and Richard Gates were indicted for various money laundering activities. This indictment gives insight into how sophisticated money laundering operations work. Investigators in these cases follow the money in an effort to dig up years of financial transaction...
One of the most common questions we receive when someone is arrested for DWI is whether a DWI will permanently remain on that persons criminal record. As is so often the situation with the law, the answer is maybe. First, you need to be aware of the difference between an expunction and a pe...
Houston area police officers and prosecutors have started aggressively pursuing Johns in an attempt to curb the demand for prostitution. This is being spearheaded by a new administration in the Harris County District Attorneys Office that is fueled by federal funding available to stop human...
The term money laundering often conjures up images of organized criminal organizations using sophisticated financial tools to make the proceeds of criminal activity appear to be legitimate. In Texas, however, money laundering can refer to a far wider range of activity. Texas Penal Code § 34.0...
On September 13, 2017, Texas Governor Greg Abbott appointed McClees amp; Guiney partner Kristin Guiney to the 232nd Judicial District Court. This move has been widely praised by the local criminal bar. Â Kristin is Board Certified in Criminal Law by the Texas Board of Legal Specialization. She...
As Houstonians and people throughout Southeast Texas deal with the aftermath of hurricane Harvey, many people from across the region and nation want to donate to the relief effort to help those devastated by this horrific storm. Unfortunately, there are repugnant thieves will use fake charities t...
A new law changes the way a prior finding of family violence may affect child custody by creating a rebuttable presumption that it is not in the best interest of the child for a parent to have unsupervised visitation with a child if credible evidence is presented of a history or pattern of family...
In many situations the answer is yes. The Fourth Amendment to the United States Constitution prohibits unreasonable search and seizures, and generally requires that police obtain a search warrant before they search a place where a person has a reasonable expectation of privacy. There are, how...
Police officers will often confiscate the drivers license of a person who they arrest for DWI. Many people believe that this means that they can no longer drive. The good news is that if you act quickly, you may be able to save your drivers license. It is true that the Texas Department of P...
If you have been charged with a crime or are concerned that you are being investigated for a crime, call us immediately. Please provide a personal email and a cell phone number so that we can immediately reach you. We will put our years of experience and proven results to work for you.
