Recent Blog Posts
Understanding the Law Regarding Human Smuggling in Texas
Unlawful immigration is frequently discussed and hotly debated in the political discourse of politics in America. However, for the people living in the central and southern areas of Texas, illegal immigration is a genuine, everyday issue, considering the region's closeness to the border of the United States and Mexico. State officials in Texas and federal officials are frequently looking for anyone who entered the United States illegally. Every once in a while, a person living in the central or southern part of Texas may be accused of helping the unlawful entry of one or group of individuals into the U.S. and can face charges of human smuggling.
Smuggling someone into the United States is a grave crime that can bring with it hefty fines and jail time. If you have been accused of and charged with human smuggling, consider consulting with an experienced attorney with knowledge of and experience in human smuggling cases. Hiring an attorney can help ensure your rights are protected and that your best interests are always put first.
What Constitutes Boating While Intoxicated in Texas?
There are few things more enjoyable than a lovely day out on the water. With all the magnificent lakes and waterways in Texas, boating is an excellent activity you can enjoy with friends, family, or even yourself. So, what happens when you want to crack a cold one out on the water? Unlike driving a car, it is not illegal to have an open container of alcohol while you are driving a boat or watercraft if the operator is at least 21 years of age and does not become legally intoxicated.
If you have been charged with boating while intoxicated, you may be shocked, as it is not uncommon for legal-aged boaters to enjoy alcohol while on the water. However, if you have been charged with such a crime, it may be wise to hire experienced legal counsel to help you avoid criminal penalties, including fines and prison.
Being Charged with Boating While Intoxicated in Texas
Under Texas state law, a person commits the offense of boating while intoxicated if they operate a watercraft with a BAC at or above .08%. To be convicted of boating while intoxicated, you must be found guilty of at least one of these criteria:
DWI Information for Texans This Halloween
It is well-known that DWI arrests tend to increase around any major holiday. When people are in a festive mood and out celebrating, they tend to drink more. Halloween is one of the more casual holidays, and for many, one of the most fun. Most adults only have a reason to dress up in a costume once each year and strive to make the most of their Halloween festivities. Unfortunately, nothing brings an abrupt end to a celebration like a DWI arrest. While you would be far from alone, the consequences of a DWI can be harsh. Texas is not known for light sentencing. Even as a first and only offense, a DWI can leave a mark on your record that closes doors.
If you are one of the hundreds who will be arrested for drunk driving this Halloween, it is important to take the matter very seriously and make finding a good criminal defense attorney a top priority. A DWI conviction could follow you for a lifetime like a haunting you cannot get rid of.
What You Need to Know if You Are Under 21 and Facing DWI Charges
Texas courts can be quite strict when enforcing laws against drunk driving. It is well-known that it is dangerous to operate a motor vehicle after consuming enough alcohol to become intoxicated. For most adults in Texas, it is illegal to operate a vehicle with a B.A.C. of over 0.08%. This is generally considered to be the blood alcohol level at which an adult is deemed legally intoxicated. However, the law in Texas is much more strict with persons who are under the age of 21 who drive after drinking. It is already unlawful for a person less than 21 years of age to consume alcoholic beverages in general. Concerns over the effects of alcohol on minors have led to even stricter legislation regarding underage drinkers who drive. If you are a minor facing DWI charges, it would be wise to seek out a skilled criminal defense attorney.
What Does Texas Law Say About Underage DWI Charges?
The Texas statute pertaining to underage drinking and driving is incredibly strict. Here, a person under 21 years old can be charged with and convicted of driving while intoxicated if they have any detectable amount of alcohol in their body. Impairment does not need to be proven. Even a very small amount of alcohol insufficient to intoxicate you can trigger these charges. Less than one alcoholic beverage can be detected through chemical testing.
If I Have Not Been Arrested Yet but Am a Suspect, Do I Need a Lawyer?
The moment you become aware that you are under suspicion of a crime of any type, it is prudent to contact an attorney. Discovering that there is a possibility that you will be arrested and charged in the future affords you a unique opportunity to prepare in advance for any contact with the police and investigators. In fact, it is preferable to learn that you are a suspect prior to arrest. An attorney can aid you in preparing for a potential future arrest. Those who have no notice that they are under suspicion before the moment they are placed in handcuffs are at a considerable disadvantage - they are more prone to making costly mistakes during questioning before requesting an attorney. Particularly if the criminal offense you are suspected of is a felony, having an attorney’s assistance from the outset of an investigation against you can be enormously beneficial. If you believe that the police are investigating you for potential criminal activity or that you have become a suspect, contacting a lawyer promptly can make a vast difference in your case.
4 Ways a Texas Traffic Stop Could Land You in Jail
Police officers love turning routine traffic stops into arrests. If they can charge you with a felony, like drug possession, it is even better in their book. For you, on the other hand, the arrest may have been totally unexpected. No one expects their quick run to the store or commute home to end with them in jail and their car in an impound lot. Often, drivers are entirely unaware that they are doing something wrong at the time they get pulled over. You could have simply not realized that you had a tail light out - and really, getting pulled over is one of the more common ways that people find out about such things. The reason you got arrested may have absolutely nothing to do with the original reason you were pulled over. However, as long as the stop was legal, the following investigation can go in any direction. If you were arrested after a traffic stop, Law Offices of Sam H. Lock can fight to defend your freedom.
Understanding Your Right to Remain Silent After a Criminal Accusation
If you have been accused of a crime, it is important to understand your rights. One of the most important rights you have is the right to remain silent. This means that you do not have to say anything to the police or anyone else that could incriminate yourself. Often, simply staying quiet is one of the best things a criminal suspect can do to maximize his or her chances of getting the charges dismissed or receiving an acquittal. Unfortunately, remaining silent is often easier said than done. Police and investigators use many different tactics to encourage criminal suspects to divulge information. This is why it is crucial to have an experienced lawyer by your side when you talk to the police.
History of the Miranda Warnings
Miranda warnings are a set of warnings that are read to criminal suspects in police custody before they are interrogated. The Miranda warnings were established in the 1966 case of Miranda v. Arizona. In this case, the U.S. Supreme Court ruled that any statements made by a criminal suspect during custodial interrogation can only be used against the suspect if the suspect was first reminded of his or her constitutional rights.
Boating Accidents Involving Alcohol and Injuries Can Lead to Prison Time
For many people, boating and drinking are almost synonymous. On a hot summer day, nothing may sound more refreshing than an alcoholic drink. However, boating while under the influence of alcohol is also dangerous. Alcohol is the leading contributor to boating accidents and about a third of all fatal boating accidents involves impairment by alcohol.
Boating while intoxicated (BWI) is unlawful in Texas and violators can face misdemeanor charges for operating a boat while impaired. Usually, BWI is punishable by 72 hours to six months in jail. However, BUI consequences are much more severe if someone is seriously or fatally injured in a boat accident.
Boat Injuries and Deaths in Texas
Unfortunately, severe boat-related injuries and fatalities are more common than many realize. Boat collisions and other boat-related accidents can lead to brain injuries, spine injuries, electric shock, or drowning. If a boat operator is involved in a boat accident in which someone else is serious injured and the operator is intoxicated by alcohol, he or she can face intoxication assault charges.
Offenders Face Stiff Penalties for Repeat DWI in Texas
While the justice system may be set up for some forgiveness for a first mistake, if you are facing your second driving while intoxicated (DWI) charges in Texas, you are definitely at risk for some serious consequences. The penalties are harsher, the sentencing less forgiving, and you are staring down the possibility of a felony charge if you are arrested a third time.
Unfortunately, a repeat DWI charge suggests to the court and prosecutors that you failed to learn your lesson the first time. With this in mind, it is essential that you work with an aggressive, experienced Texas DWI defense attorney who can provide the representation you need.
Second Texas DWI Punishments
A second DWI is charged as a Class A misdemeanor, with increased penalties from a first DWI. The punishments that you are facing with a second DWI conviction include:
- The maximum fine increases from $2,000 to $4,000 over a first DWI. Additional state fines also increase from $3,000 to $4,500.
Tragedy in San Antonio Highlights Human Smuggling Crisis
The recent case of human smuggling that left 53 migrants dead in a tractor-trailer outside San Antonio underscores the often-tragic results of smuggling along our southern border. To date, federal prosecutors have charged four men in the case, which represents the most migrant deaths in a single smuggling attempt.
Federal and Texas state prosecutors come down hard on human smugglers, even for those who only play a small role in a smuggling operation. Additionally, many innocent people can be caught up in border enforcement. If you have been arrested on human smuggling charges, it is essential to contact an experienced criminal defense attorney.
Federal and State Prosecutions of Human Smuggling
While border enforcement is largely a federal issue, Texas also has laws against human smuggling given its long border with Mexico and the impact human smuggling has on the state. Whether you are charged by federal or state authorities can depend on which law enforcement personnel were involved in the arrest.
