When you face criminal charges, it can feel like the prosecution holds all the power and you are the one facing an uphill battle. In reality, you have many rights in the criminal justice system. However, in order to fully make use of those rights, your criminal defense attorney must understand how to use the law to your benefit.
In all criminal matters, our ultimate goal is always a full dismissal. However, when dropped charges are not realistic, we are skilled in working with the prosecutors for reduced charges and penalties. While we attempt to resolve all matters outside of trial when possible, our lawyers are always prepared for a courtroom battle in order to protect your rights. We offer free initial consultations to all individuals who face criminal charges.
DWI – While it is not illegal to drive after drinking in Texas, it is illegal to Drive While Intoxicated. What that means is a person has either been found to have been .08 or higher through a breath sample or blood draw sample – OR – in the opinion of the arresting officer has lost the normal use of their physical or mental faculties. That is generally determined through a series of tests called Standard Field Sobriety Tests (SFST).
How DWI affects your Texas driver’s license: DWI carries with it, among other things a license suspension through the Administrative License Revocation (ALR) process. That process starts on the day of arrest for suspected DWI when the suspect is informed of the charge and the fact that they have 15 days to request a hearing.
At the Tausk Law Firm, we use a team approach to attack those findings.
Other unforeseen consequences of DWI are:
– Intoxication Assault – A Third Degree Felony is generally a DWI that causes serious bodily injury to another. Maybe enhanced to a Second Degree Felony if it is found to have caused serious bodily injury to a firefighter, peace officer, or emergency medical services personnel, during the course of their official duty.
Possession of Marijuana (POM): A Class B Misdemeanor is defined basically as, a person who had actual care, custody, or control over the substance. That includes Affirmative Links. For example, where the substance was found in the person’s car, it is said that the person had that actual care, custody, and control, or where in the opinion of the arresting officer the person looked nervous (and the substance was found on the ground by their feet).
Possession of a Controlled Substance (PCS): A Class Depending on the substance and the quantity of the substance a charge of PCS can range from a Class B Misdemeanor up to a Capital Felony. For example, the low end of a PCS charge would be less than 28 grams of a Penalty Group 4 substance and a Class B Misdemeanor, while 400 grams or more of a Penalty Group 1 substance would fall into a punishment range of 15 to 99 years or life in prison with a $250,000.00 maximum fine.
The consequences of a felony conviction are simply put – you will forever be labeled a convicted felon. To break that down further, it is likely that meaningful employment will be difficult thereby affecting a person’s ability to provide for themselves and their family. It may be difficult to rent or own a home.
Additionally – any future action may be enhanced. In other words, the law provides stiffer punishment ranges for repeat offenders and habitual offenders. For example – a habitual offender would face 25 to life for a first, second, or third-degree felony with two prior felony convictions. For more information on enhancements, please contact our team at once.
Penal Code Title 3 Punishment Chapter 12
Statutory Wrongdoing and Its Consequences
Assault Bodily Injury – A Class A Misdemeanor is defined basically as, a person intentionally, knowingly, or recklessly causing bodily injury to another (including the person’s spouse).
NOTE: This charge may be enhanced to a Third Degree Felony in circumstances where it is against a public servant, security officer, emergency services personnel, a family member (where previously convicted), and certain other circumstances.
Assault Family Violence – Also, a Class A Misdemeanor and defined as above the primary difference is that this charge carries with it an affirmative finding of family violence.
Why is it so important to fight this charge? Even if deferred adjudication probation is taken, any subsequent assault against a member of the family will result in a Third Degree Felony charge. An assault with an affirmative finding of family violence is not available for non-disclosure and will always be on your record.
Who is considered a family member?
AGGRAVATED ASSAULT – Basically this charge is an assault (as above) where the person who commits the assault either causes Serious Bodily Injury to another or uses or exhibits a Deadly Weapon during the assault.
SEXUAL ASSAULT – Typically a Second Degree Felony. If you have been charged with sexual assault, please contact our office immediately to set up a free consultation.
AGGRAVATED SEXUAL ASSAULT – Typically a First Degree Felony with certain minimums depending on the age of the victim. If you have been charged with aggravated sexual assault, please contact our office immediately to set up a free consultation.
THEFT – depending on the amount of pecuniary loss carries with it a punishment ranging from a Class C Misdemeanor up to a First Degree Felony. The most typical theft cases are those between $50.00 and $499.00 for a Class B Misdemeanor and $500.00 to $1,499.00 for a Class A Misdemeanor.
Felony punishment ranges for theft are broken down into the following categories:
Theft of service is also broken down into pecuniary loss amounts with the primary difference being a Class B Misdemeanor starting at $20.00 to $499.00, with the other categories above being the same.
Please Note: Theft is a Crime Involving Moral Turpitude.
Available if a person’s case was dismissed (after the statute of limitations has run), upon acquittal, and if the offense was pardoned.
A Petition for expunction asks the government to destroy any and all records related to the offense. Filed in civil court, and after being heard by that court the judge will rule on the petition. If the order is granted, the court orders the government to destroy any and all records relating to the offense.
The effect of this is that a person can legally deny the arrest and offense ever happened*.
* With the exception of the Federal Government, and some other instances where disclosure may be required (e.g. where specifically asked on an application for a license or employment have you ever had an expunction). Also, an expunction may need to be disclosed in IMMIGRATION proceedings as that deals directly with the federal government.
Available after the successful completion of a Deferred Adjudication Probation. Note: Some offenses require a 2-year waiting period, and all felony offenses require a 5-year waiting period, and some offenses like Assault Family Violence cannot be non-disclosed.
A Petition for non-disclosure asks the government to seal (or remove from public view) any and all records related to the offense. Filed in criminal court, and after being heard by the court the judge will rule on the petition. If the order is granted, the court orders the government to seal any and all records related to the offense.
The effect of this is that, while a person CAN NOT legally say they have never been arrested or that the offense never happened, it will not be available to the public should another party run a background check*. For example, a future employer likely will not see those records.
* It is important to note: A non-disclosure does not prevent private entities from gathering and maintaining this information and releasing it. For example, in a theft charge where the person allegedly stole from ABC Co. – that company is not prohibited from disseminating that information.
We believe that not all criminal defense attorneys are created equal. Some lawyers talk in complex legal jargon, making it nearly impossible to understand your options. Others simply “phone in” their legal services, providing a boilerplate defense to all clients. Perhaps worst of all are the lawyers who do not respond to clients’ concerns, ignoring urgent phone calls and emails.
Fortunately, when you work with our law firm, you will receive the level of service you need and deserve. We will help you understand the charges that you face, your legal rights, and all available options. Our goal is to give you the information you need to make educated decisions about the direction of your matter. As we work on your case, we will thoroughly investigate all evidence and research all available defense strategies before creating a game plan to help you achieve the results you need. Above all, we are always here for our clients. Phone calls are promptly returned, and we provide regular communication so you never have to wonder about the status of your case.
We know the stress you feel after being charged with a crime. The stakes are high, and your future is at risk. As your legal counsel, we begin defending you immediately, but you need to contact our Texas criminal lawyers first to get started.
Gene P. Tausk hosts the ‘Fraud and White Collar Crime’ podcast. New episodes are available twice a month. The podcast is available on:
