Posted on August 20, 2024 in Federal Crimes

Should you find yourself facing a federal arrest warrant, it is essential that you make no mistakes that could potentially jeopardize your defense. Federal charges are very different from state charges in procedure and in penalties in the event of a conviction. The sooner you have a Houston, TX federal criminal defense lawyer by your side, the sooner he or she can begin building a strong defense on your behalf.

Surrendering to Federal Authorities in Texas

If you cannot avoid a federal warrant for your arrest, turning yourself in could have a wide range of benefits. First, it allows you to appear before the U.S. Marshals Office on your own accord. This could save you the trauma and embarrassment of facing a public arrest. In some cases, surrendering to federal authorities could also dramatically reduce the amount of time you are in custody before you are able to be freed on bail.

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 Posted on August 13, 2024 in Federal Crimes

Once you have a good understanding of federal warrants and arrests, you will need to know how to determine whether a warrant has been issued for your arrest and what steps you can take before the arrest occurs. Understandably, this is a difficult time. Federal charges and penalties are generally more severe than those of your state, and not knowing what the future holds is tough, to say the least.

Perhaps you will get a referral for a criminal defense attorney or choose one from the internet. Either way, if you are facing federal charges, you must be sure your attorney has experience with the federal criminal justice system. Choosing a Houston, TX federal criminal defense attorney from Murphy & McKinney Law Firm, P.C. can be the best step to take to protect your future. Attorney Doug Murphy is one of only two Texas lawyers who are Board Certified in Criminal Law.

Determining Whether a Warrant for Your Arrest Has Been Issued

Sometimes, you will not know of an arrest warrant until the moment law enforcement takes you into custody. That said, it is possible in some cases to learn of a warrant before it is executed. Federal warrants, like state warrants, must be based on probable cause. Warrants are often a matter of public record, meaning a court clerk or a check with the National Crime Information Center could inform you of a warrant's existence. Your best chance to act before a warrant is executed is to contact a Houston federal defense lawyer. Your attorney could confirm if you are facing a federal warrant and help you prepare for what comes next.

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 Posted on August 07, 2024 in Federal Crimes

Thanks to the Fourth Amendment to the United States Constitution, you are protected from unreasonable searches and seizures by the United States government. Most people have an understanding of how this right impacts the police and their ability to search your home or vehicle. But it is also important to understand that this right prevents law enforcement from arresting you without cause. In most cases, when a federal criminal offense is being charged, federal authorities cannot arrest you without first obtaining a federal arrest warrant.

In some cases, you might learn of the existence of a warrant before you are arrested. In fact, there are circumstances where federal authorities will negotiate with you to surrender at a certain time and place. This is not always an option. Frequently, law enforcement will seek a warrant for your arrest for a federal crime and take you into custody at a time of their choosing.

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 Posted on July 30, 2024 in DUI/DWI

Many people who spend the summer months on the water are unaware they could receive a BWI citation if they are the driver of the boat and are drinking alcohol. Being cited for BWI, or boating while impaired, can bring some fairly severe penalties, even for a first-time citation. A new law in Texas that took effect June 24, 2024, prohibits boat drivers from drinking any alcohol while operating a boat and from having open containers of alcohol nearby while operating a boat.

The law applies to both motorized and non-motorized watercraft, including rowboats, canoes, kayaks, sailboats, and aquaplanes. While a passenger on the boat may have an open alcohol container, ideally, it should not be near the driver of the boat. A BWI citation should be taken just as seriously as a DWI and an accused party can benefit significantly from having a Houston, TX criminal defense lawyer by his or her side.  

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 Posted on July 24, 2024 in DUI/DWI

Anyone facing a Texas intoxication assault criminal charge should be concerned about also having civil liability for the other person's serious bodily injury. The intoxication assault crime is a felony DWI charge that requires the prosecutor to prove that the defendant's intoxication caused another's serious bodily injury. The criminal charge can thus go a long way toward also establishing civil liability. But civil liability requires proof of one element, the intoxicated driver's fault, that the criminal charge does not specifically require. Thus, the criminal intoxication assault charge does not alone establish civil liability. The elements of the crime differ somewhat from the elements of civil liability.

The consequences of a criminal charge differ markedly from the consequences of civil liability. The procedures for the crime and civil liability also differ, meaning that defending the crime and civil liability also differ. The crime may lead to a civil liability claim. But do not lump the two together. It is essential that you have an experienced Houston criminal defense attorney to sort out the details of your intoxication assault charges and provide a strong defense.

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 Posted on July 19, 2024 in DUI/DWI

Intoxication assault is one of the more serious felony DWI charges. While simple DWI is usually a victimless crime, there is always an injured victim in intoxication assault cases. The fact that someone got hurt as a result of your drunk driving automatically makes your case far more serious than a simple DWI. Exactly how serious your charges are also depends on who got hurt. You could face harsher sentencing if you injured a first responder. If you are facing intoxication assault charges, you need an experienced Houston, TX DWI lawyer.

Whose Serious Injury Must the Intoxication Cause? 

Basically, anyone's serious injury other than the intoxicated motor vehicle driver's injury will do. Texas Penal Code Section 49.07 says only that the serious injury must be "to another." Thus, serious injury to an occupant of the intoxicated driver's own vehicle will do. So, too, will serious injury to a driver or other occupant of another motor vehicle. But so, too, will serious injury to a pedestrian, bicyclist, or motorcyclist. Basically, serious injury to anyone other than the intoxicated driver can be the basis for an intoxication assault charge under Texas Penal Code Section 49.07, if the intoxication caused the accident resulting in the injury.

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 Posted on July 11, 2024 in DUI/DWI

Being charged with intoxication assault can leave your future in jeopardy. Because intoxication assault is a felony offense, you could be facing more than a year of time in prison, not to mention a long-term suspension of your driving privileges. Injuring someone while committing a DWI is a serious crime. If you are up on intoxication assault charges, you need a highly experienced Harris County, TX felony DWI lawyer to help you.

Can I Commit Intoxication Assault on a Golf Cart? 

Yes, depending on where you operate the golf cart. Operating a golf cart in a public place while intoxicated, causing serious bodily injury, can constitute intoxication assault under Texas Penal Code Section 49.07. A golf cart qualifies as a motor vehicle under the penal code sections cited and quoted just above. But to prove an intoxication assault charge under Section 49.07, the prosecutor must have evidence of the golf cart's operation "in a public place." Texas penal code sections do not define a "public place." A public highway or road would certainly qualify as a public place. But Texas's appellate courts have decided cases indicating that "public place" also means a place to which the public has access.

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 Posted on July 02, 2024 in Drug Crimes

If a drug crime involved certain circumstances that make the offense more serious, a sentencing enhancement might apply. A sentencing enhancement means that you will serve a longer or harsher sentence. One common sentencing enhancement in drug crimes involves drug-free zones. If a drug crime was committed in a place the law considers a designated drug-free zone, you could face additional jail time. Drug-free zones are usually places where children would congregate. This sentencing enhancement is meant to discourage drug users and dealers from bringing drugs into places where children are likely to be present. If you have been accused of committing a drug-related offense in a drug-free zone, you need an experienced Houston, TX drug crimes lawyer to defend you.

What Are Drug-Free Zones? 

Texas law designates certain types of places as drug-free zones. The creation of drug-free zones was meant to protect children from witnessing drug crime or being influenced to try drugs by unscrupulous dealers. You may recall from an anti-drug presentation you saw in school as a youth the stereotypical image of a drug dealer lurking on a playground offering children free drugs in an effort to get them addicted. This is the type of situation lawmakers were likely contemplating when they created drug-free zones. However, you would be hard-pressed to find an example of a drug dealer behaving this way in real life.

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 Posted on June 27, 2024 in DUI/DWI

If you have been charged with the felony offense of intoxication assault after a DWI accident, you need a highly experienced and knowledgeable Houston, TX criminal defense lawyer to help you. Drunk drivers never think that they are going to cause an accident and hurt someone, but it happens all too frequently. Texas’s intoxication assault laws apply to people driving most types of motor vehicles, even if the vehicle in question does not belong on the roads. This is because almost any type of motorized vehicle can cause injury to others if the person operating it is intoxicated.

What Counts as a Motor Vehicle for Intoxication Assault? 

More vehicles count as motor vehicles for purposes of an intoxication assault charge than you might think. For purposes of the intoxication assault crime and other DWI crimes, Texas Penal Code Section 49.01(3) defines a motor vehicle as having "the meaning assigned by Section 32.34(a)." Texas Penal Code Section 32.34(a) defines a motor vehicle as "a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks." 

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 Posted on June 18, 2024 in DUI/DWI

Intoxication assault is a felony offense in Texas. The most common type of intoxication assault is when a drunk driver causes an accident and injures someone. This crime is far more serious than a simple DWI. If you are charged with intoxication assault, you could face more than a year in prison if you are convicted. It is important to have a well-qualified Houston, TX intoxication assault attorney defending your rights.

Would Slugging Someone Constitute Intoxication Assault? 

No. For a prosecutor to charge a defendant with intoxication assault under Texas Penal Code Section 49.07, the defendant must have been operating a motor vehicle or another qualifying piece of equipment (see the next answer). Simply striking another person with a fist while intoxicated would not constitute intoxication assault under Texas Penal Code Section 49.07.

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