Posted on January 11,2024 in Writs of Habeas Corpus

The state writ of habeas corpus is a fundamental legal concept that protects individual rights in Texas. A state writ of habeas corpus may be worthwhile if you have been convicted of a crime and are currently pursuing post-conviction relief. To get started on the process of fighting your wrongful conviction or unfair sentence, contact an experienced Texas criminal defense lawyer. Experienced legal guidance is imperative as you navigate state law and pursue a favorable conclusion to your legal situation.

Definition and Purpose of State Writ of Habeas Corpus

In Texas, the state writ of habeas corpus is a legal mechanism that allows individuals to challenge their detention or imprisonment. Its purpose is to safeguard against unlawful or unconstitutional imprisonment by providing a means for people to seek relief from wrongful confinement. A state writ of habeas corpus in Texas is essential for protecting individual liberties and ensuring that the justice system operates fairly and justly.

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 Posted on December 15,2023 in Appeals

Marijuana laws vary significantly across different states, and Texas has some of the strictest regulations regarding the possession and use of marijuana and products containing THC, such as e-cigarettes, lotions, waxes, and more. For those unaware, THC is the psychoactive compound found in marijuana. Understanding the legal consequences associated with these charges is crucial for individuals to make informed decisions as they seek to fight such charges and pursue a favorable case conclusion. And there is no better way to navigate the legal system than to hire a professional. Your lawyer will be your guide through all facets of your case.

Possession of Products Containing THC in Texas

In Texas, possession of marijuana products containing THC is illegal under state law. The severity of the penalties depends on the amount of THC involved and the circumstances surrounding the possession. Possession of less than two ounces of marijuana or products with THC is considered a Class B misdemeanor, leading to 180 days in jail and a fine of up to $2,000. Meanwhile, possession of two to four ounces is a Class A misdemeanor, carrying a potential jail term of one year and a fine up to $4,000.

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 Posted on November 10,2023 in Uncategorized

Driving while intoxicated (DWI) is a serious crime in Texas, and attempting to flee the scene can lead to even more severe consequences. In Texas, fleeing the scene of a DWI in a vehicle can result in felony charges being brought against you. If you are facing felony charges related to fleeing the scene of a suspected DWI, you must seriously consider hiring a criminal defense lawyer. When facing charges such as this, you need to do everything in your power to fight for your rights and freedom. Hiring a lawyer is a wise first step in combating these very serious charges.

Understanding DWI Laws in Texas

It is well known that in Texas, a person is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08 percent or higher. A DWI conviction can result in prison time, alcohol education classes, license revocations, and more. However, the severity of the offense 

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 Posted on October 11,2023 in Uncategorized

In Texas, a DWI (Driving While Intoxicated) offense can be charged as a felony. While a first-time DWI offense is typically a misdemeanor offense, subsequent offenses or specific aggravating factors can elevate the charge to a felony. If you have been charged with felony DWI, you need to seriously consider hiring a lawyer. Failing to hire a lawyer will almost certainly result in a negative case outcome.

Understanding When DWI is Considered a Felony 

Here are examples of when DWI can be charged as a felony, including:

• Intoxication assault – A DWI can also be charged as a felony if it causes serious bodily injury to another person. This offense, referred to as intoxication assault, is considered a third-degree felony in Texas. If it can be proven that the driver was operating their vehicle while intoxicated and caused an accident resulting in serious bodily harm to another person, they could face felony charges. 

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 Posted on September 29,2023 in Uncategorized

When facing criminal charges, one of the most significant decisions someone can make is whether to try and settle a case by making a plea bargain with the prosecution or try to avoid a conviction by going to a trial. Like with any important decision, there are important factors to consider, as this decision will likely have a major impact on your reputation, freedom, and future. To help you evaluate your options as you navigate the Texas criminal justice system, contact an attorney to discuss how best to move forward. 

What Are the Advantages of Taking a Plea Bargain?

Here are some examples of the advantages of taking a plea deal, including:

• Increased certainty – By choosing a plea deal, you gain more control over the outcome of your case. Negotiating a plea deal allows you to have a say in the terms of your sentencing, potentially leading to a more favorable resolution. 

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 Posted on January 27,2023 in Uncategorized

Sometimes my clients get sick while serving their Texas felony prison sentences. Sometimes they are already sick and their condition worsens. Obviously, if we are fighting to get a client released to parole, his health can be an important factor for the Board to consider. Below I try to set out common issues that arise when advocating for a sick or physically compromised client.

TDCJ Medically Recommended Intensive Supervision

If a client is terminally ill, he may be eligible for special review and release to parole under TDCJ’s “MRIS” program (Medically Recommended Intensive Supervision). The requirements are strict. As a threshold issue, you have to be terminally ill, over the age of 65, mentally ill, developmentally disabled, require long term intensive medical care, have an organic brain syndrome, or be in a persistent vegetative state. Additionally, only inmates convicted of non-violent and non-sexually assaultive offenses can normally qualify (except that if an inmate is in a vegetative state he may be released under MRIS even if he was convicted of a sexual assault offense).

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 Posted on January 20,2023 in Parole

I’ve represented clients in parole review all over Texas. As the vote date approaches, my clients and their family often have questions, mostly about what the Parole Board is up to and when they will vote. I’ve put together some general answers to the most common questions raised by my clients and their families. As always, this isn’t legal advice. Find a good parole lawyer to get specific advice for your loved one’s case.

1. What does it mean to be in parole review?

In Texas, inmates go into parole review 6 months before their first parole review date or 4 months before any subsequent parole review date. Theoretically, a Texas Parole Board can vote to release or deny release to an inmate any time during that 6 or 4-month review period. But that almost never happens. Most Boards will vote on an inmate within a few weeks of the parole review date. So what is the point of having an inmate in parole review status for so long? I think the most helpful way to understand the parole review period is from an administrative perspective. Having an inmate in “parole review” means that TDCJ is on the clock for getting the file prepared for the Board to vote and getting the inmate interview completed. It also provides specific timelines for parole attorneys to prepare and submit parole packets and support materials to the board.

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 Posted on September 23,2022 in Uncategorized

If you’re looking to hire a lawyer to file an 11.07 writ of habeas corpus for an incarcerated person in Texas, there’s a few things you need to understand about writ investigations.

First, keep in mind that the whole point of an 11.07 writ is to find things that did not make into the record during the trial or plea proceedings. If your loved one had a jury trial, the events recorded in the trial transcript cannot be a basis for relief by themselves. This is because “record based” claims must be raised on direct appeal (ineffective assistance of counsel claims can be raised in a writ. Technically these aren’t “record based” claims because to succeed you need new evidence from the trial attorneys themselves in the form of an explanation of their trial strategy).

Attorneys attempting to develop evidence outside the record have 3 main sources of information:

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 Posted on June 10,2022 in Uncategorized

Criminal defendants quickly discover that the criminal justice process in Texas is nothing like the movies. They realize that when they step into court they’re just another face in a crowd of other defendants. They feel like the prosecutor sees them as an offense report, not a person, and that the judge’s primary interest seems to be just getting the case finished.

This feeling isn’t entirely accurate, but that doesn’t make the experience any less disconcerting.

One of the consequences of the experience of a chaotic, impersonal, and crowded court room is that a guilty plea can feel rushed — what if you realize it was a mistake and that you’d rather fight the charges?

Is it possible to withdraw a plea?

The answer is yes, but it’s all a matter of timing. And timing depends on what legal situation you are in — a negotiated plea, a jury trial, or a sentencing hearing. Let’s break it down.

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 Posted on May 30,2022 in Post Conviction

Inmates planning to challenge their state convictions in Federal Court are worried about the recent Supreme Court case Shinn v. Ramirez.

Although I realize the Shinn holding will damage some inmates' 2254 habeas claims, I'm telling my clients that they don't need to panic.

First, let's discuss what the case is about.

The Shinn opinion addresses a narrow issue: is an inmate challenging a state conviction in Federal Court under Section 2254 allowed to introduce evidence of ineffective assistance of counsel that occurred during their state trials but was not introduced by state habeas counsel? I emphasize the word “evidence” because that is the only issue before the court in Shinn. Under the unique procedural posture of the defendants in Shinn, it is undisputed that the defendants are able to plead ineffective assistance of trial counsel even though they didn't raise that issue in state proceedings.

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