You may be asked to take a breathalyzer, blood or urine test that immediately measures you blood alcohol content, or BAC, in the event that an officer suspects that you have consumed alcohol and decided to drive.  In Texas DWI laws have changed from anyone with a BAC over .08% could be charged with a DWI to distinguishing between high and low BAC.  Currently a BAC of over .15% can be considered an aggravated DWI which has much more harsh consequences than a BAC under .15%.

 
Before the Texas laws changed a first time DWI could be considered a Class B misdemeanor and second offense a Class A.  Today, if the BAC is .15% or higher for a first offense the person can be charged with a Class A misdemeanor, which can mean up to a year of incarceration and up to $4,000 in fines.

 
BAC levels are not the only part of DWI laws that have been modified.  A section of the Texas penal code now stipulates that if you injure a person while you are drinking and driving you could be charged with a 3rd degree intoxication assault felony, which is 2 to 10 years in prison and/or up to $10,000 in court fines.  If the injury involves brain trauma then the charge escalates to a 2nd degree felony intoxication assault that could mean 2 to 20 years and/or a $10,000 fine.

 
Texas is not the only state that has made changes to their DWI laws.  California judges can now suspend a 3rd time DUI violator’s license for up to 10 years.   Connecticut has a requirement for all first time offenders install an ignition interlock device, or a breathalyzer that allows the car to be driven if the BAC is below the limit.  North Carolina’s “Laura’s Law” has a mandatory time served for a minor charged with a DWI, which is 30 days in jail.

 
Make sure you are educated on the current DWI laws where you live.  If you have the unfortunate circumstance of being charged with a DWI or DUI, then call a criminal defense attorney that has extensive experience in this area right away.  Your local DWI attorney is ready and eager to help!

Although there is much controversy regarding our right to bear arms under the 2nd Amendment of the United States Constitution there are very clear rules for individuals who have that right taken away.  Specific convictions make it illegal to possess a weapon, no matter what the circumstances, such as those who have been convicted of a felony, illegal aliens, anyone that has received a dishonorable discharge from the military, fugitives from justice, anyone serving more than one year in prison for a conviction, and anyone convicted of misdemeanor for domestic violence.

 
Each state has its own laws regarding possession of a weapon and there are different levels.  The most serious is simple possession which makes any weapon of military use illegal, but also any individual that has a court order stating that they cannot possess a weapon whether this is because of a prior, mental illness or parole.  It may be legal in certain states to carry a concealed weapon with proper licensing, but becomes illegal when a court order or state law is violated.  Carrying in plain sight may be legal for professions such as a police officer, but becomes illegal in most states for the average civilian.  Carrying on or about a person is the combination of plain sight and concealed and makes possessing a weapon illegal, period.

 
Sentencing varies depending on the weapon, place and the charges.  It can range from a Class A misdemeanor of 1 year in jail and $4,000 in fines all the way to a 3rd degree felony of up to 10 years in prison and $10,000 in fines.   If a weapon is carried over state lines then the charges can escalate to the federal level.

 
If there are ties to other criminal activity, such as drug trafficking or a sex crime, the sentencing will become even more serious.  Illegal weapons or gun trafficking may have a mandatory time served depending on the state of residence.

 
Whether or not the individual will be able to bond out of jail depends on the circumstances of the case and the offender’s record.   The amount of the bond will be greater if the crime is more serious in nature.  If the individual is considered to be a threat to the public, then bond may be denied.

 
Weapon laws differ in each state so make sure that you know what they are if you own a weapon or plan on purchasing one in the future.  Even if you do not have a criminal history, you need to know your rights.  If you are arrested for a weapon’s charge, of any kind, contact your San Antonio criminal defense lawyer as soon as possible so that he can assist you with you case.

 
Even though marijuana is an illegal substance in the United States, each individual state has its own laws regarding possession.  If you are charged by a state officer, then you will be sentenced according to that particular states law.  The amount in your possession at the time of the infraction and whether you have a prior record will affect your sentencing.   If you are charged on a federal level, then most likely there are other serious criminal activities tied to your case and your consequences will be much more severe.

 
A state charge, in Texas, for a first offence and less than 2 ounces is up to 180 days and up to $2,000 in fines.  If you had more than two ounces jail time increases to up to one year and up to $4,000 in fees.  On the federal level possession for a first offence can be a misdemeanor that may give you up to one year in prison and up to $1,000 in fines.  If you have a prior record or ties to other criminal activity then you could be facing felony charges that will greatly affect your sentence and will go on your permanent record.  A felony will negatively affect many aspects of your future.

 
Some states have decriminalized marijuana, meaning a first offence can have a miniscule punishment such as that of a petty crime.  Some states have even allowed the legalization of medicinal marijuana with a valid prescription from a licensed doctor for a true medical ailment in that particular state only.   Whether or not this is a nudge to legalize marijuana, some people argue that the drug should be reclassified and that is wrongfully categorized as a Schedule 1 drug and controlled substance.

 
Regardless of your personal opinion of legalization; marijuana possession, use, manufacturing and transporting is a crime that is punishable under the law.  If you have been arrested or ticketed for possession of marijuana, no matter what the circumstances are, call a criminal defense lawyer immediately.   An experienced San Antonio criminal defense attorney can help with the ins and outs of your case and educate you on your rights.

In Texas, there are limited rights in a MTR case.  The accused is entitled to a hearing, but this time there will be no jury trial and the court does not have to prove within a reasonable doubt that the probation was violated.  Instead, the court looks at the “preponderance of evidence”, or POTE, which means they look at the truth of the evidence and not the amount.  One negative claim can change the sentencing completely.

The simple truth is that probation is not for everyone.  Some offenders find it easier to stick with the original sentencing even if that includes jail or prison time.  Regardless, we have laws for a reason and punishments for those who choose to not follow those laws.  If the probation is violated, whatever the circumstances may be, contact a lawyer immediately.  A criminal defense lawyer can explain the ins and outs of a motion to revoke probation case.

When you face federal criminal charges, you will not only find yourself up against the local and state authorities, but now you’re facing the United States Government as well.  Agencies such as DEA, FBI, Secret Service, US Marshals, Postal Inspectors, IRS, and customs to name a few are powerful entities that are experts in their field.  An inexperienced attorney will easily crumble under the pressure mounted by the prosecution involving the federal government.  These investigations are difficult and usually take quite a long time to fight so it is crucial to find an attorney immediately upon being charged with a federal crime.

Often times, charges that used to be handled by state governments are now being prosecuted by the federal government.  Increases in penalties such as longer prison times are one change that courts have seen as the federal charges are handed down.  The government has a wide array of resources at its disposal to attempt to ensure guilty verdict in your case and has even been known to employ methods such as entrapment, unwarranted traffic stops, and unreasonable search and seizure to get what they want.

Do not fall victim to the power of the federal government without a fight.  The Law Office of Shawn C. Brown has the experience and the track record to handle your federal case from start to finish.  When it comes to representing you in court, make a choice to go with knowledge and experience instead of good commercials, and you’ll be well on your way to getting your life back on the right track.

Expunction is an important term to be aware of and can change your life.  When an expunction occurs, the accused individual is able to have their record completely cleared of charges and anything related to the charges including fingerprints, arrest record, booking photo and DPS records.

A few situations where you may be eligible to have your record expunged include:

• You were found “not guilty” of the crime charged
• Your case was “no-billed” or not referred for trail by Grand Jury
• Your case was dismissed
• You were a victim of identity theft and crime committed using your name

In the case of being given a deferred adjudication sentence you may still be eligible to have your record sealed by an order of nondisclosure.  In this case, your record is not wiped clean but access to it becomes limited to only select government agencies.

With a successful expunction or nondisclosure, you get a new lease on life and can deny any past criminal history.  When it comes time to get a job, buy or lease a home, or even just try online dating having a clean criminal record will no doubt be a life changer for you.

Contact Shawn Brown Law today and see if you are eligible to have your record wiped clean and your new life start right away.

Ask yourself these questions when considering which attorney to hire to defend your case:

1.       Is my case important to them?

A good lawyer should make you feel comfortable and confident that they are fully invested in your case and that they will do everything in their power to defend you.  You should be able to trust them with any and all details of your story with no hesitation.

2.       Is this attorney familiar with local laws?

Whether you live in the area where the crime was charged or not, finding an attorney in that area is crucial.  Local attorneys know the court system, prosecutors, and laws in the local area and have a much better chance of putting together a successful defense when they are working in their own part of the country.

3.       What is their track record related to your charge?

Would you hire a real estate attorney to defend your DWI or a tax lawyer to handle your divorce?  Of course not.  Find out if the attorney has actual experience with cases that deal with charges similar to yours and how successful they have been.

4.       Do they use appropriate language with you?

Having a language barrier can be a huge problem in the attorney/client relationship.  You should understand each other clearly and be able to communicate well.  Also, don’t settle for an attorney who uses too much “legalese” that is difficult for the average person to understand.

There are many more things to consider when hiring a criminal defense attorney to defend you in court, but these questions are a good start.

Shawn Brown is an attorney who will pass these questions and more with flying colors.  Give his office a call and see for yourself what hiring the right attorney can do to change your life for the better.

Many states consider DWI and DUI the same thing or differentiate between the two in various ways.  In Texas, the main difference between the two is the age of the driver.

In Texas, Driving Under the Influence, or DUI is an offense that is committed only by an individual under the legal drinking age of 21.  The other major difference in a DUI charge is the significant change in language in the law.  Texas law states that a minor under the age of 21 can be arrested for DUI if they have “any detectable amount of alcohol” in their system when operating a vehicle in a public place.

Both DWI and DUI are life changing charges and should not be taken lightly.  Shawn Brown is an attorney with years of experience and a proven record when it comes to defending individuals against these charges.  Don’t face this situation alone.  If you are facing a DWI or a DUI, contact Shawn Brown today and get the help you need to get the best outcome possible for your situation.