A plastic bag, a small spoon or a glass pipe may seem harmless on their own. Texas law enforcement may treat these items as potential drug paraphernalia when circumstances suggest they were used to consume, store or distribute controlled substances. Whether an item...
McKinney Criminal Defense Law Blog
Can you face assault charges if you did not punch first?
In Texas, you can face assault charges even if you did not throw the first punch. The law recognizes the right to defend yourself, but that right has strict limits. Prosecutors may still pursue charges when they believe the force used exceeded what the situation...
Can shoplifting lead to conviction without clear intent?
Leaving a store is not required for a shoplifting conviction in Texas, but proof of intent is. Under Texas law, the prosecution must prove that the accused intended to deprive the owner of the merchandise. Without that proof, a conviction can be hard to sustain. A...
When can police extend a Texas DWI traffic stop?
A routine traffic stop may become more serious within minutes. An officer might pull you over for speeding, then ask about alcohol use or request field sobriety tests. If the reason for the stop seems minor, you could wonder why the officer is still keeping you there....
Can you bring legal marijuana into Texas?
Marijuana laws have changed over the years, which has somewhat complicated things. A few decades ago, marijuana was illegal on a federal level and on a state level, all across the country. Before medical marijuana programs, there was no way to get legal marijuana, and...
Is there a legal duty to retreat in Texas?
No, there is no legal duty to retreat under Texas law. If you are in a location where you are legally allowed to be and you need to defend yourself, you can use force to do so without first trying to avoid a confrontation. In states with a duty to retreat law, people...
Are there any viable ways to reduce your BAC?
When people go out to drink, they sometimes talk about trying to sober up before they go home. In many cases, their goal is simply to reduce their BAC because they know that they have to drive. They do not want to face impaired driving charges, so they are trying to...
What aggravating factors can worsen Texas assault charges?
Assault charges may follow threatening or violent behavior. Under Texas state statutes, people can sometimes face assault charges even if no actual injuries resulted from an altercation with another person. Simple assault is typically a Class C misdemeanor offense,...
Texas is cracking down on DWI: Two new changes to note
Drunk driving laws are not static. Legislatures revise statutes, agencies update administrative rules and courts interpret how those rules apply in real cases. Staying up to date is not only about avoiding penalties. It is about protecting your license, your...
What it means to face a per se DWI charge in Texas
Motorists might face driving while intoxicated (DWI) charges because of their involvement in a collision. They might get arrested after a traffic stop, even if an officer pulls them over for an unrelated issue. Often, poor driving contributes to the DWI arrest. Police...
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