A misdemeanor is a less serious offense punishable by up to one year in county jail, while a felony is a more serious crime carrying potential imprisonment for one year or more in state prison.
The process typically involves arrest, booking, bail, arraignment, pre-trial motions, plea negotiations, trial, sentencing, and, if necessary, appeals.
Penalties vary based on the severity of the crime, but they can include fines, probation, community service, imprisonment, or a combination of these.
Yes, under certain circumstances, law enforcement officers may make an arrest without a warrant if they have probable cause to believe that a crime has been committed.
Rights include the right to remain silent, the right to an attorney, the right to a speedy trial, the right to confront witnesses, and the right to be presumed innocent until proven guilty.
In Texas, the standard field sobriety tests (SFSTs) typically include three main tests: the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand. The HGN test involves tracking an object with your eyes, while the walk-and-turn requires walking heel-to-toe along a straight line and turning around. The one-leg stand test involves balancing on one leg for a specific duration.
Regarding refusing these tests, it’s important to note that in Texas, as in most states, you have the right to refuse field sobriety tests, including the ones mentioned. However, it’s essential to be aware that refusing these tests might lead to certain consequences, such as arrest, suspension of your driver’s license, or other legal penalties. Additionally, refusing these tests can be used against you in court as evidence of potential impairment.
Yes, you have the right to refuse consent to a search of your vehicle during a traffic stop in Texas. Under the Fourth Amendment of the United States Constitution, you are protected against unreasonable searches and seizures. Unless the police have probable cause to believe that your vehicle contains evidence of a crime, or if they obtain a search warrant, you can assert your right to refuse consent. It is generally advisable to clearly and respectfully communicate your refusal to consent to the search. However, it’s important to note that the police may still conduct a search without your consent if they have probable cause or if certain exceptions to the warrant requirement apply.
If you believe you are being pulled over unlawfully in Texas, it is important to remain calm and follow these general guidelines:
In Texas, if an officer asks you to step out of your vehicle during a traffic stop, it is generally advisable to comply with their request. However, it’s important to be aware of your rights in such situations:
Remember, it’s important to strike a balance between asserting your rights and cooperating with the officer’s lawful requests.
A bond violation report can have serious consequences for a person who is on bond in Texas. When a person is released on bond, they are required to comply with certain conditions set by the court. These conditions can vary depending on the nature of the charges, but they typically include requirements such as appearing for scheduled court hearings, refraining from committing new offenses, avoiding contact with certain individuals, and adhering to any additional restrictions imposed by the court.
If a bond violation report is filed against a person, it means that there is an allegation that they have failed to comply with one or more conditions of their bond. The consequences of a bond violation report can include:
It’s important to take bond conditions seriously and comply with them diligently to avoid bond violations and the potential consequences that may follow.
Expungement is a legal process that allows for the removal or deletion of records related to a criminal offense, providing individuals with the opportunity to have a clean slate.
However, it’s important to note that expungement eligibility and requirements vary depending on the nature of the offense, the specific circumstances, and the outcome of the case. Generally, the following situations may make someone eligible for expungement in Texas:
It’s important to consult with us so we can determine if you meet the eligibility requirements for expungement and to guide you through the process. We can provide personalized advice based on the specific details of your case and help you understand the expungement laws and procedures in Texas.
Phone
281.766.4878
Wester Law Office
3934 FM1960 West Road, Houston, Texas 77068