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Recent Blog Posts

Can a Murder Charge Be Dropped to Manslaughter in Texas?

 Posted on November 11, 2025 in Criminal Defense

San Antonio, TX murder defense lawyerBeing charged with homicide is an intimidating experience. The penalties are severe, and a conviction will have lifelong consequences. In some cases, a murder charge may be reduced to manslaughter. Whether this is possible depends on what the evidence shows and what your criminal defense strategy looks like. Our San Antonio, TX murder defense lawyer can guide you through the legal process and help you understand each step as your case moves forward.

Understanding Homicide Charges in Texas

In general, Texas law uses the word "homicide" to describe any situation where one person causes another person’s death. However, the law does not treat every type of homicide the same. The main difference between charges involves your mental state at the time of the incident.

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What Do I Do if the Police Say I Failed a Field Sobriety Test?

 Posted on October 26, 2025 in DWI / DUI

San Antonio, TX DWI defense lawyerFailing a field sobriety test during a DWI stop is not an automatic conviction. These tests are supposed to measure balance, coordination, and focus, but they are not always accurate. Many sober drivers do poorly on them for several reasons. If this happens to you, speak with an experienced San Antonio, TX DWI defense lawyer right away to fight to protect your driver’s license, record, and reputation.

How Do Police Determine Whether You Pass or Fail a Field Sobriety Test in Texas?

In Texas, officers usually use three tests approved by the National Highway Traffic Safety Administration (NHTSA). These include the Horizontal Gaze Nystagmus (eye test), the Walk-and-Turn, and the One-Leg Stand. These tests look for indicators like swaying, missing heel-to-toe contact, or using your arms for balance.

However, whether you pass or fail is at the officer’s discretion. There is no objective score or scientific threshold. Under Texas Transportation Code §724.011, drivers automatically consent to chemical testing if arrested. However, field sobriety tests are not required by law. Police officers mainly use these tests to build probable cause for a DWI arrest.

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How Can a Texas Drug Arrest Become a Federal Case?

 Posted on October 11, 2025 in Federal Crimes

San Antonio, TX federal drug crimes defense lawyerMost drug arrests in Texas are handled by local or state prosecutors under the Texas Controlled Substances Act. These cases usually involve city or county police and are tried in state court. However, some arrests can quickly become much more serious. Under certain circumstances, a local case can turn into a federal case. When that happens, the process, penalties, and court system all change. A San Antonio, TX federal drug crimes defense lawyer can help you understand why this happens and build a strong defense strategy to fight the charges.

The Difference Between State and Federal Drug Crimes

State drug charges usually involve smaller amounts or local activity. For example, under Texas Health and Safety Code § 481.115, it is illegal to possess a controlled substance without a valid prescription. These cases are handled by local prosecutors and heard in state court.

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Can I Face Criminal Charges for Passing a School Bus in Texas?

 Posted on September 25, 2025 in Traffic Violations

San Antonio, TX traffic violations defense lawyerIn Texas, the rules for passing a stopped school bus are simple. The law considers it a serious traffic violation that can result in criminal charges. If you were ticketed or arrested, you have the right to challenge the allegations against you. A San Antonio, TX traffic violations defense lawyer can explain your rights and help you build a strong defense.

Is Passing a Stopped School Bus a Misdemeanor or Felony in Texas?

Under Texas Transportation Code § 545.066, drivers must stop when a school bus is using red flashing lights or has an extended stop sign. The rule applies to vehicles coming from either direction, unless the road is divided by a barrier. Failing to stop is a criminal offense.

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Defending Against Human Smuggling Charges in Texas

 Posted on September 10, 2025 in Criminal Defense

San Antonio, TX human smuggling defense lawyerBeing accused of human smuggling is a serious situation in Texas. The consequences can include prison, steep fines, and even federal charges. If you or a loved one is facing these allegations, an experienced San Antonio, TX human smuggling defense lawyer can explain how the law applies to your case and what you can do to challenge the charges.

How Does Texas Law Define Human Smuggling?

Under Texas Penal Code §20.05, a person commits human smuggling if they knowingly transport, conceal, or harbor an individual with the intent to help them avoid detection by law enforcement. This can include driving someone across county lines, providing a hiding place, or arranging travel.

The penalties can be severe. A standard offense is a third-degree felony, punishable by two to 10 years in prison and up to $10,000 in fines. However, if the person who was smuggled is under 18 or if the smuggling puts someone at risk of serious injury or death, the charge can rise to a second-degree felony, which carries even longer prison terms.

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Pulling a Gun During a Road Rage Incident in Texas

 Posted on August 22, 2025 in Gun Crimes

San Antonio, TX weapon charges defense lawyerTense moments on Texas roads can turn dangerous in seconds. When tempers flare, some drivers reach for a firearm to "make a point." Doing so can bring serious criminal weapons charges, even if no shots are ever fired.

Road rage incidents appear to be a serious problem in Texas. A July 2025 analysis found that Texas led the nation in gun-involved road rage incidents from 2014 to 2023, with hundreds of shootings, and most resulted in someone being hit. In response, lawmakers approved tougher penalties for shooting into or toward an occupied vehicle, slated to take effect September 1, 2025.  If you are facing charges for allegedly brandishing a weapon during a traffic incident, a San Antonio, TX weapon charges defense attorney can help you build your defense.

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Is Marijuana Still Illegal in Texas?

 Posted on August 13, 2025 in Drug Crimes

San Antonio, TX drug crimes defense lawyerWhile many states have taken steps to legalize cannabis, Texas has not followed suit. Despite growing acceptance of marijuana across the country, Texas continues to enforce strict penalties for marijuana possession, use, and distribution under certain conditions. If you are facing charges related to marijuana in Texas, you should understand how the law applies to your case. An experienced San Antonio, TX drug crimes defense attorney can help.

Does Texas Allow Recreational Use of Cannabis?

Recreational possession of marijuana is a criminal offense under the Texas Controlled Substances Act. While other states have legalized marijuana for adults over 21, Texas has not passed any laws permitting recreational marijuana use. This means that if you are caught with marijuana, even in small amounts, you could face serious legal consequences. 

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What Happens if I Get a DWI With a Child in the Car in Texas?

 Posted on July 23, 2025 in DWI / DUI

San Antonio, TX DWI lawyerGetting arrested for driving while intoxicated (DWI) is always serious, but the consequences are even more severe if a child is in the vehicle. In Texas, this type of charge is considered child endangerment and can lead to felony charges, jail time, and even involvement from child protective services. If you have been accused of DWI with a child passenger, a San Antonio, TX DWI attorney can help you understand the law and your rights.

What Does Texas Law Say About DWI With a Child Passenger?

Texas Penal Code § 49.045 addresses what happens if someone drives a vehicle in a public place while intoxicated and there is a child in the car. The law specifically states the child must be under 15 for the charge of DWI with a child passenger to apply. This offense is classified as a state jail felony, a type of felony that falls between a misdemeanor and more serious felonies. The charge is elevated even if it is your first offense, and no one was injured. Keep in mind that this is different from a standard DWI. The presence of a child automatically makes the case more serious.

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How Can Police Misconduct Impact Drug Crime Defense in Texas?

 Posted on July 10, 2025 in Criminal Defense

San Antonio, TX drug crime defense lawyerFacing federal or state drug charges in Texas means you need a strong defense to challenge the allegations against you. Even when prosecutors believe they have strong evidence, constitutional protections exist to ensure fairness and justice. Police misconduct can dramatically affect the outcome of a drug case, sometimes resulting in suppressed evidence or dismissed charges. A San Antonio, TX drug crimes defense attorney knows that exposing misconduct is often the key to building a successful defense.

How Do Illegal Searches and Seizures Affect Drug Charges in Texas?

One of the most common forms of police misconduct in drug cases involves illegal searches and seizures. The Fourth Amendment to the U.S. Constitution and Article I, Section 9 of the Texas Constitution protect you from unreasonable searches. Police typically need a valid search warrant supported by probable cause before they can search you or your property. 

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What to Do If You Are Accused of Mortgage Fraud in Texas

 Posted on June 23, 2025 in Federal Crimes

San Antonio federal criminal defense lawyerFacing charges of mortgage fraud in Texas is serious business. A felony conviction can carry substantial fines and prison time. If you are under investigation or have been formally charged, you need a knowledgeable Texas mortgage fraud defense attorney to protect your rights. Building a strong defense strategy requires a nuanced understanding of Texas criminal law and experience facing these challenges in court.

What Is Mortgage Fraud Under Texas Law?

Under Texas Penal Code § 32.32, mortgage fraud is generally prosecuted as part of a broad offense of making false statements to obtain property or credit. This includes knowingly making a false or misleading written statement to obtain a mortgage loan. Cases often involve alleged misrepresentations about income, employment, debt obligations, property value, or occupancy status.

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