Texas criminal defense attorneyWith regards to criminal law, a basic fact is that misdemeanors are not as serious as felonies. That is why a crime such as failure to stop and render aid (FSRA) can be considered a felony and has even been elevated to a more serious offense than it used to be within the last decade. If you were to review this charge by its wording alone, you might assume it is merely about being a good Samaritan. However, it is actually much more serious than that. Essentially, “failure to stop and render aid” means you did not follow the law in how you dealt with what seems to be a hit-and-run accident, be it one that involved people, damage to other cars, or damage to property. Here are further details about the definition of FSRA and its associated penalties when someone is injured or killed.

FSRA Defined

Regarding the most serious of the duties following an accident, the FSRA law, or those duties after a serious accident involving personal injury or death as noted in Sec. 550.021 of the Texas State Transportation Code, people must meet all of the following requirements if they are to be absolved of any FSRA allegations:

  1. First, the person driving a vehicle that is involved in an accident must immediately stop driving at the scene of the accident or as close to the scene as possible.
  2. If the driver does not stop right away, the driver must immediately return to the scene of the accident.
  3. Once at the scene, the driver must immediately discern if the other person was indeed involved in the accident.
  4. If that person was involved in the accident, the driver must evaluate the other person’s condition to determine if he/she needs aid.
  5. After that, the driver must stay at the scene of the accident until the proper authorities arrive and assess the situation (the police, the EMS, etc.), including taking statements and providing aid.

To be considered as someone who committed an offense with regards to this FSRA, the driver must have not stopped or complied with the aforementioned requirements.  

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Texas criminal defense attorneysWhen you are on probation for a crime, especially with time already served, you will want to do anything to avoid any additional penalties or jail time. Despite this fact, no matter your most valiant efforts, you might end up finding yourself on the other end of a motion to revoke probation (MTR) issued by your probation officer. This is part of the reason why you must always be on such good behavior if on probation. Yet, if you deviate even to the slightest degree and do something illegal, you could be faced with an MTR. 

A Brief Overview of Motions to Revoke Probations in Texas

A motion to revoke probation will generally be filed when you commit any crime under the supervision of a probation officer. In general, the probation supervisor makes the decision to file this motion based on behavior the officers observe themselves or note from others, be it police or other witnesses to the crime(s). It is easy to forget that even though you are on probation and in the real world, you are still not entirely a free individual as your behavior seems like it is held to a higher standard than most average civilians, especially since your behaviors and actions are being documented by a probation supervisor often. 

Possible Complications in the Texas Motion to Revoke Probation Process

As is the case with most legal situations, there is often something or a few things that make your case particularly complex or complicated, requiring the assistance of an especially knowledgeable, talented, and experienced lawyer. Possible complexities for your lawyer to deal with during your motion to revoke probation case are:

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Texas DWI defense attorneyAs the winter holidays approach, including potential New Year’s Eve festivities, even during the age of the COVID-19 pandemic, there is an increased likelihood of cases involving DWI (driving while intoxicated), DUI (driving under the influence), and even BWI (boating while intoxicated). As such, there is an equal increase in vigilance from law enforcement with regards to policing drunk driving. With that in mind, here is more information about one of the first things that will happen if you do get pulled over for a DWI this holiday: the breath test.  

How Breath Can Be Tested for Alcohol

Alcohol moves through the alveoli of the lungs when it is consumed and evaporates into your breath. This “alveolar air,” when exhaled, provides substantial evidence to breathalyzer and other related breath tests of blood alcohol concentration (BAC). This allows officers to instantly know whether someone is drunk enough to be arrested instead of having to wait for the results of a blood or urine test. 

The Types of Breathalyzers and How They Work

There are three common types of devices that analyze your breath for blood alcohol content:

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San Antonio criminal defense attorneyAs the summer and political heat reaches its peak, perhaps evoking a history challenge may be a cooler diversion. If asked, what are the two most popular amendments of the United States Constitutional Bill of Rights, a gambling man (or woman) may answer, the First and Second Amendments. Of course, there are a number of others that are just as important to protecting the rights of Americans, especially those who have been accused of a crime.

Basic Civil Rights

As our forefathers provided futuristic insight as to the importance of each amendment, the First Amendment protects our fundamental rights of conscience allowing for the right of expression without public or governmental interference. While not unlimited, these rights represent the bedrock of American liberty.

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identity theft, Texas white collar crime, San Antonio criminal defense lawyerThe average American now spends more than 490 minutes or eight hours per day on the internet. It is projected that by 2017, personal internet usage will climb upwards to 506 minutes, increasing the current usage rate. As usage expands so does the risk for identity theft.

At the onset of popularity of the internet during the early to mid 2000s, Americans, as well as those having global access to the world wide web, have been progressively utilizing the internet to conduct countless business and leisure activities, including:

  • Communicating via email;
  • Networking via Social Media;
  • Navigating general and personal interest searches;
  • Gathering national and international news reports;
  • Streaming music and videos;
  • Gaming;
  • Shopping;
  • Personal banking; and
  • Conducting employment searches.

According to USA Today, experts have defined identity theft as the successful obtainment of an unsuspecting consumer’s bank account or other personal information with the intent to commit fraudulent transactions. Identity theft is projected to surpass traditional methods of theft to top the list of the leading form of property crime. As security analysts advise, consumers should prepare to become a victim of identity theft at some point in time.

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