Posted on June 10, 2025 in Boating While Intoxicated

Boating while intoxicated (BWI) is an actual criminal charge in Texas, and it comes with real-life consequences. Taking the boat out on the water during a hot Texas summer sounds like the perfect way to relax, but you have to obey the law and not drink beyond the legal limit if you are going to be driving a boat. If you were recently charged with BWI, an experienced Texas boating while intoxicated defense attorney can explain the charge against you and what you can do to challenge it in court.

Is a BWI Charge Similar to a DWI Charge in Texas?

A BWI charge is similar to a driving while intoxicated (DWI) charge, which is Texas’s official version of driving under the influence (DUI). However, under Texas law, a BWI specifically refers to the action of operating a watercraft while your blood alcohol concentration (BAC) is above the legal limit. A BWI is typically a Class B misdemeanor, but the charge escalates to a felony if a child passenger was on the boat.

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 Posted on May 28, 2025 in Internet Crimes

Facing charges for an internet crime can be confusing. The laws that govern these cases have to evolve rapidly to account for the ever-changing nature of the internet and understanding exactly what you are up against –and how to defend yourself – can be very challenging. The first step in facing these charges is to contact an experienced Texas internet crimes defense attorney. Being informed and knowing how to respond to the charges could significantly affect how your case turns out.

What Are Internet Crimes?

In Texas, internet crimes, or cybercrime, refer to illegal actions committed digitally or online. Many offenses can fall under this umbrella, including the following:

• Bullying or making threats of physical violence

• Fraud, such as money laundering and identity theft

• The unauthorized acquisition of confidential information, known as cyber espionage

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 Posted on May 14, 2025 in Criminal Defense

If you are facing a homicide charge, the most important thing you can do is speak to an experienced legal representative as soon as possible. This is among the most serious of criminal offenses and can have a drastic and devastating impact on the rest of your and your family’s lives. A San Antonio, TX homicide attorney will help you understand the charges against you and the possible defense strategies that may effectively challenge the prosecution’s case. First, consider the types of homicide charges and how they are commonly fought.

How Does Texas Law Define Homicide?

The Texas Penal Code establishes four types of criminal homicide:

• Murder: This is the most serious charge, referring to the killing of someone with the intent to kill or seriously harm. The prosecution argues that the offender knew their actions would cause severe injuries or death.

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 Posted on April 25, 2025 in Gun Crimes

Gun cases in Texas can be complicated, potentially involving federal and state authorities. Sometimes, a case can begin as a state charge and be escalated to federal jurisdiction.

If you have been accused of a state or federal gun crime, a San Antonio, TX federal gun crimes defense attorney can help you understand the laws that apply to your case and how you may be able to challenge the charges. First, consider the difference between state and federal charges and the types of cases that fall under both.

Difference Between Federal and State Jurisdiction

In the simplest terms, state jurisdiction covers gun crimes that violate Texas state laws, and federal jurisdiction applies when federal laws are violated. When the state has jurisdiction, the authorities involved are state or county prosecutors and local police, and they follow state law. Under federal jurisdiction, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) or the FBI will typically handle the investigative work, and U.S. attorneys often prosecute.

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 Posted on April 17, 2025 in DWI / DUI

Every case is different, but in general, if you fail a Breathalyzer test after being stopped for Driving While Intoxicated (DWI), that does not mean that you are definitively guilty. While it is evidence that the persecution will likely use against you, an experienced San Antonio DWI defense attorney may be able to challenge the test results.

How Can You Challenge a Failed Breath Test?

There are several defenses your lawyer may use to challenge a failed breath test admitted as evidence, including:

• Improper test administration: Texas has a procedure for administering a Breathalyzer test. Your attorney may challenge the validity if they find evidence of procedural violation, such as handling or storing the test incorrectly.

• Fourth Amendment rights violation: The officer who stopped you needed probable cause to administer the test. Without it, your representative could argue for suppression of the evidence on the grounds that they violated your Fourth Amendment rights.

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 Posted on March 26, 2025 in Criminal Defense

Being accused of tampering with evidence in Texas can result in criminal charges, so it is important to understand exactly what it means and how you can avoid being charged. Texas law treats this offense very seriously, so if you are facing these charges, speak with a qualified Texas criminal defense lawyer who can explain the potential penalties and common scenarios that could lead to such accusations. Do not try to handle this alone. An attorney can help build a strong defense and ensure that your rights remain protected.

How Does Texas Define Tampering with Evidence?

Under Texas law, tampering with evidence is when someone purposely and knowingly alters, destroys, or conceals evidence so that it can no longer be used in a criminal investigation or legal proceeding. Presenting false evidence with the intent to deceive authorities is another form of tampering with evidence.

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 Posted on March 13, 2025 in Criminal Law

If you are facing criminal charges in Texas, any prior convictions can have a significant impact on your current case. It is crucial to understand how these previous convictions might influence sentencing, plea negotiations, and overall defense strategy. An experienced Texas criminal defense lawyer can review your case, offer invaluable guidance, and help you navigate the legal system.

What Role Do Prior Convictions Play?

Texas law takes prior convictions seriously, and how much they can influence your current case depends on the nature and timing of those past offenses. 

Enhanced Sentencing

According to the Texas Penal Code, a felony charge for someone with prior felony convictions might end up facing an elevated charge. For example, a second-degree felony, which typically carries a sentence of two to 20 years in prison, could be upgraded to a first-degree felony, which has a maximum sentence of life imprisonment. 

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 Posted on February 25, 2025 in DWI / DUI

When someone is pulled over in Texas and the police suspect that he is driving under the influence of drugs or alcohol, they might ask the driver to take a field sobriety test. These tests are used to check for signs of intoxication, but you might be surprised to read that you could have valid reasons to refuse to take them. 

There are some important things to consider before deciding to refuse, for example, the grounds you would use for your refusal and the potential consequences you can face. A qualified Texas criminal defense lawyer can help you if you are facing legal challenges and unsure what to do.

How Do Field Sobriety Tests Work?

A field sobriety test (FST) is a series of tasks that test physical and mental capabilities. Police use these to determine if someone is impaired. There is no one set test that must be given, and police typically include any or all of the following:

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 Posted on February 12, 2025 in Criminal Defense

 Ghost guns have been coming up in the news lately, especially following a high-profile case that involved one a few months ago. While we all know that as Americans, we have the right to bear arms, as stated in the Second Amendment of the U.S. Constitution, ghost guns are a hot topic for legal debate because of their unique nature. To learn more about whether you could face weapons charges for possessing a ghost gun, speak with a qualified Texas criminal defense lawyer.

How Are Ghost Guns Categorized?

According to Texas law, anything that has been designed, made, or adapted so that energy from ignition or an explosion can be used to send a projectile through a barrel is considered a firearm. Federal law goes a bit further by adding other parts, including a weapon’s frame, receiver, muffler, or silencer under the definition.

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 Posted on January 28, 2025 in Internet Crimes

As more aspects of daily life continue to move into the digital space, states like Texas have begun adopting legal measures to address various ways it has impacted people. One prominent example is cyberbullying. The term itself can cover so many different actions that it can be hard to understand what is and is not included by its legal definition, however, if your actions fall under the cyberbullying legal umbrella, you could face criminal charges. If you or your child is charged with cyberbullying, speak with a skilled Texas criminal defense lawyer to understand the implications and your options. 

What Is Considered Cyberbullying?

The term cyberbullying refers to an imbalance of power when someone does something to someone else using technology – texting, emailing, or on social media, for example – to:

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