Category

Criminal Defense

SBA Loans Criminal History

SBA Loans Limitations Based on Criminal History

By | Criminal Defense

Can I apply for an SBA Loan if I have a criminal history?

SBA Loans Criminal HistoryCountless small businesses have been impacted by the COVID-19 pandemic. The US Government has several different loan programs offered through the Small Business Administration aimed at helping small business get through the crisis and maintain jobs for their employees. Many of the SBA loan programs for the COVID-19 crisis can be found on the SBA website COVID-19 section.

One of the questions that we have received during the last couple of weeks is whether a person with a criminal history can apply for an SBA loan. The answer is…it depends. It depends on the nature of the criminal offense.

What will disqualify me from applying for an SBA loan?

When it comes to criminal history, the following will disqualify a company and make it ineligible for SBA assistance.

If an owner of the company (who owns 20% or more) answers YES to any of the following questions taken from the SBA application, then the company is NOT eligible to apply for SBA assistance:

  • Are you currently incarcerated?
  • Have you been adjudicated for a felony in the preceding 5 years? This includes
    • Felony conviction;
    • Plea of guilty to a felony offense;
    • Plea of nolo contendere (no contest) to a felony;
    • Participating in a pre-trial diversion program for a felony offense;
    • Probation or Deferred Adjudication for a felony offense.
  • Are you currently on probation for a felony or a misdemeanor?
  • Are you currently on parole?
  • Are there pending criminal charges against you that have not yet been adjudicated (felony or misdemeanor)?

*NOTE: There is also a question on the Economic Injury Disaster Loan that asks whether an applicant has been arrested (even if the charge was dismissed) for any criminal offense (other than a minor motor vehicle violation). It is unclear whether an arrest by itself is a disqualifier or just a point of inquiry.

If a 20% (or more) owner answers YES to any of those questions, then the company will not even be able to complete its application for SBA assistance.

In the past, it seemed that the SBA was only concerned with felony criminal history (see 13 CFR 120.110), but the new applications for the COVID relief do not distinguish between felonies and misdemeanors when it comes to either active probationers or individuals with pending charges.  This is especially difficult for individuals that have a pending criminal charge to which they have pleaded not guilty and not yet received their day in court. To sink their business while at the same time presuming them innocent is not in keeping with the spirit of the presumption itself.

Please be reminded that it is a federal offense to falsify a loan application, so please don’t do that.

Paycheck Protection Loan Application

Economic Injury Disaster Loan

COVID-19 State Orders Texas

What Happens if I Refuse to Obey the COVID-19 Orders?

By | Criminal Defense

Texas Legal Consequences During the Coronavirus Pandemic

COVID-19 State Orders TexasWith the declaration of a state of disaster in Texas by Governor Greg Abbott on March 13,2020 comes some new consequences that Texas citizens need to be aware of.

We previously posted a blog addressing enhancements that have gone into place for certain criminal offenses. But, there are also new laws activated as a result of state, local and interjurisdictional emergency management plans.

Broadly speaking, Texas Government Code (TGC) 418.173 establishes a penalty for citizens failing to comply with emergency management plans.

Specifically, TGC 418.173 states:

(a)  A state, local, or interjurisdictional emergency management plan may provide that failure to comply with the plan or with a rule, order, or ordinance adopted under the plan is an offense.
(b)  The plan may prescribe a punishment for the offense but may not prescribe a fine that exceeds $1,000 or confinement in jail for a term that exceeds 180 days.

Most local Texas governments have already established emergency management plans. County Judges in Dallas and Austin, for example, have published their Orders regarding these plans on their local websites and are regularly amending them.

The Emergency Order for Tarrant County can be found here.

It’s important that citizens know that with the disaster declaration in effect, violation of these Orders can result in a person being arrested. For practical purposes, that means that if local government is limiting community gatherings and business closures, a violation of those Orders could result in an arrest.

Information coming from our local government is changing on almost a daily basis now. Check with your local jurisdiction for their emergency management plans and be aware of the consequences of violating those plans.

There are a number of special powers and provisions established with the declaration of a statewide emergency effecting many different areas of law. The full text of the extent of those can be found in Chapter 418 of the Texas Government Code.

Disaster Declaration Texas Criminal Law

Criminal Law Enhancements During a State of Disaster

By | Criminal Defense

Disaster Declaration Texas Criminal LawOn March 13, 2020, Governor Greg Abbott declared a state of disaster in Texas in response to the COVID-19 pandemic. For the purposes of criminal law in Texas, that disaster declaration triggered the provisions of Texas Penal Code (TPC) 12.50.

What are the Criminal Law Implications During a State of Disaster?

In general, TPC 12.50 states that for the offenses listed below, if committed during the declaration of a state of disaster, the punishment level for these offenses is increased to the next higher category for that offense. For example, if a Theft charge would normally be punished as a Class B misdemeanor (0 – 180 days in jail and up to $2,000 fine) then it would be increased to a Class A misdemeanor (0 – 365 days in jail and up to $4,000 fine) if it is committed during the time of the declared disaster.

Specifically, 12.50 applies to the following offenses:

  • Assault and Domestic Violence (TPC 22.01);
  • Arson (TPC 28.02);
  • Robbery (TPC 29.02);
  • Burglary (TPC 30.02);
  • Burglary of Coin-operated or Coin Collection Machines (TPC 30.03)
  • Burglary of Vehicles (TPC 30.04);
  • Criminal Trespass (TPC 30.05); and
  • Theft (TPC 31.03)

TPC 12.50 is limited by the following provisions:

For the offenses of Assault, Burglary of Coin-operated/Coin Collection Machines, Burglary of Vehicles, Criminal Trespass or Theft, if the offense committed would normally punished as a Class A misdemeanor, then during the emergency declaration the minimum term of confinement is increased from 0 to 180 days in a county jail.

For the offenses of Arson, Burglary, and Criminal Trespass, if the offense committed would normally be punished as a First Degree Felony, then there is no enhancement.

Reckless Texas Penal Code

What does Recklessness Mean in Texas Criminal Law?

By | Criminal Defense

Defining “Recklessness” Under the Texas Penal Code

Reckless Texas Penal CodeThere are some criminal offenses that require the state the prove that the defendant acted “recklessly” or with “criminal recklessness.” In a colloquial sense, we (including prosecutors) often think of recklessness as another word for carelessness, but it actually has a specific definition in the Texas Penal Code.

Defining “Recklessness,” Tex. Penal Code Section 6.03(c) states that “a person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist, or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.”

What Does the Texas Court of Criminal Appeals Say About Recklessness?

Unpacking the legal standard of recklessness, The Texas Court of Criminal Appeals reasons that…

“Criminal recklessness must not be confused with (or blended into) criminal negligence, a lesser culpable mental state.” Williams v. State, 235 S.W.3d 742, 751 (Tex. Crim. App. 2007). “Criminal negligence depends upon a morally blameworthy failure to appreciate a substantial and unjustifiable risk while recklessness depends upon a more serious moral blameworthiness – the actual disregard of a known substantial and unjustifiable risk.” Id.

Criminal negligence and recklessness differ from one another only in terms of mental state:

  • Criminally negligent defendant “ought to be aware” of a substantial and unjustifiable risk;
  • Reckless defendant is subjectively aware of an identical risk but disregards it

The two prongs of gross negligence or recklessness are:

  • Subjectively, the defendant must have actual awareness of the extreme risk created by his or her conduct.
  • Objectively, the defendant’s conduct must involve an extreme degree of risk (the “extreme risk” prong is not satisfied by a remote possibility of injury or high probability of minor harm, but the likelihood of serious injury to the plaintiff).

Reckless conduct…

  • Is the conscious disregard of the risk created by the actor’s conduct;
  • Mere lack of foresight, stupidity, irresponsibility, thoughtlessness, ordinary carelessness, however, serious the consequences may be, do not suffice to constitute criminal recklessness;
  • Criminal recklessness is of a gross and flagrant character, evincing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects; or that entire want of care which would raise the presumption of a conscious indifference to consequences; or which shows such wantonness or recklessness or a grossly careless disregard of the safety and welfare of the public, or that reckless indifference to the rights of others, which is equivalent to an intentional violation of them.

Recklessness: Texas Case Law Examples

Williams v. State, 235 S.W.3d 742 (Tex. Crim. App. 2007): The defendant was convicted after her children died in an accidental house fire while her boyfriend was babysitting. The defendant took the children to a house without working utilities and left them under her boyfriend’s care with a candle lit in their bedroom. The court held that there was legally insufficient evidence that defendant consciously disregarded a substantial and unjustifiable risk that the children would suffer serious bodily injury in a house fire. The court also said that the defendant’s stupidity did not constitute reckless disregard. The defendant was not criminally responsible for the result

Mills v. State, 742 S.W.2d 831, 1987 Tex. App. LEXIS 9214 (Tex. App. Dallas Dec. 18. 1987, no writ): The defendant’s conviction was upheld where circumstantial evidence supported the conclusion that defendant placed a child in a tub of hot water. The Court found that the jury could reasonably have found defendant acted recklessly with regard to that child’s care in violation of Tex. Penal Code § 6.03(c).

Ehrhardt v. State, No. 06-02-00208-CR, 2003 Tex. App. LEXIS 7248 (Tex. App. Texarkana Aug. 26, 2003): Where the evidence in an assault trial showed defendant struck the victim in the face, the court found that the defendant was reckless as to whether her conduct would result in bodily injury.

Criminal Negligence Texas

Defining Criminal Negligence Under Texas Law

By | Criminal Defense, Criminal Negligence

What is Criminal Negligence in Texas?

Criminal Negligence TexasIn Texas, there are some criminal offenses for which a person can be liable if they acted with “criminal negligence.” When most people think of “negligence,” they think of a civil standard used in lawsuits for money damages. But criminal negligence, the courts have reasoned, is different from ordinary civil negligence.

Section 6.03(d) of the Texas Penal Code states that “a person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.”

How does Criminal Negligence Differ from Civil Negligence in Texas?

Civil or simple negligence means the failure to use ordinary care, that is, failing to do that which a person of ordinary prudence would not have done under the same or similar circumstances. Montgomery v. State, 369 S.W.3d 188, 193 (Tex. Crim. App. 2012). Conversely, conduct that constitutes criminal negligence involves a greater risk of harm to others, without any compensating social utility, than does simple negligence. Id. The carelessness required for criminal negligence is significantly higher than that for civil negligence; the seriousness of the negligence would be known by any reasonable person sharing the community’s sense of right and wrong. Id. The risk must be substantial and unjustifiable, and the failure to perceive it must be a gross deviation from reasonable care as judged by general societal standards by ordinary people. Id.

For example: The Texas Court of Criminal Appeals has held that criminally negligent homicide requires not only a failure to perceive a risk of death, but also some serious blameworthiness in the conduct that caused it (i.e., risk must be “substantial and unjustifiable,” and the failure to perceive that risk must be a “gross deviation” from reasonable care).

In finding a defendant criminal negligent, a jury is determining that the defendant’s failure to perceive the associated risk is so great as to be worthy of a criminal punishment. The degree of deviation from reasonable care is measured solely by the degree of negligence, not any element of actual awareness. Whether a defendant’s conduct involves an extreme degree of risk must be determined by the conduct itself and not by the resultant harm. Nor can criminal liability be predicated on every careless act merely because its carelessness results in death or injury to another.

Case Law Examples of Criminal Negligence Standard in Texas

McKay v. State, 474 S.W.3d 266 (Tex. Crim. App. 2015): The Court of Criminal Appeals holding insufficient evidence of criminal negligence to support Defendant’s conviction for injury to a child after he spilled hot water on the two-year-old child while he was in the kitchen, because there was no evidence that Defendant failed to perceive a substantial and unjustifiable risk to the child. There was no showing that the child was often underfoot or that defendant knew the child could likely be under his feet while moving around in the kitchen.

Queeman v. State, 520 S.W.3d 616 (Tex. Crim. App. 2017): The Court of Criminal Appeals holding insufficient evidence to support defendant’s conviction of criminally negligent homicide because the evidence presented does not show that Defendant’s failure to maintain a safe driving speed and keep a proper distance from other vehicles was a gross deviation from the standard of care that an ordinary diver would exercise under all the circumstances as viewed from Defendant’s standpoint at the time of his conduct.

Tello v. State, 180 S.W.3d 150 (Tex. Crim. App. 2005): The Court of Criminal Appeals upheld Appellant’s criminal negligent homicide conviction reasoning that Appellant should have perceived a substantial and unjustifiable risk of death from using a faulty trailer hitch without safety chains on a public road. The homemade trailer unhitched from Appellant’s truck and killed a pedestrian.

TSA Airport Gun Charges Texas

What to do if Arrested for Bringing a Gun to the Airport (Accidentally)

By | Criminal Defense, Weapons Charges

Unlawful Carrying of a Weapon at an Airport in Texas

TSA Airport Gun Charges TexasWe love our guns in Texas. After all, those licensed to carry a handgun can now choose to conceal the handgun or wear it on their hip like in the old west. But carrying a handgun comes with its risks. Many places are designated as “off limits” for handguns. Chief among them is the airport. And everyday, well-meaning folks forget about their trusty handgun when they pack their bags and head to DFW International Airport or Love Field, only to be reminded by a less-than-friendly TSA agent as they attempt to pass through security. In fact, Texas is the #1 state for airport gun seizures in the country (and DFW International Airport leads the way in Texas).

 

CALL US TODAY – (817) 993-9249

 

What Can Happen if I Accidentally Bring a Gun Through Security at DFW Airport or Love Field Airport?

Generally, if you carry a firearm through the security checkpoint at an airport, you can be detained and arrested. Carrying a firearm, either on your person or in your carry-on luggage, is a violation of Texas Penal Code Sections 46.02 and 46.03. The detention and arrest could take several hours and will likely cause you to miss your flight as you move through the process. The DFW Airport or Love Field Police will also confiscate your handgun. If you are arrested for bringing a handgun to the airport, your case will be filed with the Tarrant County District Attorney (for DFW Airport case) or Dallas County District Attorney (for Love Field cases).

How Serious is an Arrest for Bringing a Firearm to the Airport in Texas?

Depending on how the authorities choose to proceed, you could be charged with 3rd Degree Felony or a Class A Misdemeanor. A 3rd Degree Felony carries a range of punishment from 2-10 years in prison and a fine up to $10,000. A Class A Misdemeanor carries a punishment range of 0-365 days in the County Jail and a fine up to $4,000. We handle several airport gun cases every year and in our experience, the Tarrant County DA typically files the case as a Class A misdemeanor, while cases that originate in Dallas Love Field Airport usually see the higher felony charge.

What Should I Do After I am Arrested for an Airport Gun Charge?

After you post bond and are released from custody, you need to hire a lawyer to help defend you on the charges. You should also consider signing up for a local gun safety course so that you can demonstrate that you understand the severity of your mistake and are taking steps to ensure that it does not happen again. Other than that, follow the advice of your attorney. Do not attempt to get your gun back. Your lawyer can help you do that with a court order, if appropriate, once the case is closed.

 

CALL US TODAY – (817) 993-9249

 

I Have an LTC (CHL). Are There Any Exceptions for Me?

Yes. In 2015, the Texas legislature added some language to Section 46.03 to provide for LTC holders who accidentally forgot about their weapon. Section 46.03 now provides:

(e-1) It is a defense to prosecution under Subsection (a)(5) that the actor:
(1) possessed, at the screening checkpoint for the secured area, a concealed handgun that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code;  and
(2) exited the screening checkpoint for the secured area immediately upon completion of the required screening processes and notification that the actor possessed the handgun.
(e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor’s possession of a concealed handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless:
(1) the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area;  and
(2) the actor does not immediately exit the checkpoint upon completion of the required screening processes.

So, basically, they are going to give you a chance to leave the secured area as soon as your mistake is realized. They cannot arrest a valid LTC holder unless the person refuses to leave the secured area immediately. There is no such exception for non-LTC holders. Licensed concealed firearm holder from other states should also be given the same opportunity to leave the secured area immediately in order to avoid arrest.

How Can I Lawfully Carry a Firearm on a Flight?

To carry a firearm on a flight, you must place the firearm in your checked baggage and declare it at the time you check your bags. Also, you should check the TSA guidelines before packing to ensure that you follow all of the rules and regulations.

TSA Sent Me a Demand for Money After I was Arrested. What Should I Do?

The law allows for TSA to send a civil demand letter for money damages. TSA officials consider the “severity” of your violation and then send a demand for money within the range that they consider appropriate. They will typically allow for your to pay less than the demanded amount if you pay quickly.

*See this sample TSA Civil Demand Letter.

You may pay the full demand, file a written response, or contact TSA to see if you can work out an arrangement. We have been able to help our clients pay less than what is demanded, but every case is different.

Will I Receive a Criminal Conviction on My Record For Accidentally Bringing My Gun to the Airport?

It depends. Many of our clients that were charged with Unlawfully Carrying a Weapon in the airport have had their cases dismissed. In fact, most have had their cases dismissed. But again, every case is different. The key is to contact an attorney right away so that your rights may be preserved throughout the criminal justice process.  Our team regularly handles airport gun cases arising out of DFW International Airport or Love Field Airport. We have offices in Keller and Fort Worth and offer free consultations.

 

CALL US TODAY – (817) 993-9249

Fireworks Laws Texas Keller Southlake

Fireworks Laws in Texas | Could a Sparkler Really Cost You $2,000?

By | Criminal Defense

Do Not Lose Your Liberty on Independence Day

Fireworks Laws Texas Keller SouthlakeIndependence Day is right around the corner. You will probably start seeing the notices spread across social media from local police departments, warning that setting off fireworks (including sparklers) is illegal inside of city limits. We know that you’re probably going to do it anyway, but we wanted to let you know what Texas law provides regarding fireworks on the 4th of July.

Texas Fireworks Law | Are Sparklers Illegal Inside of City Limits?

While state law in Texas permits possessing and using fireworks, it’s important to note that where and when a person can possess them is still highly regulated. There are State laws that limit the use and display of fireworks but use is predominantly regulated by way of city ordinances.

Specifically, under state law, a person may not:

  1. Explode or ignite fireworks within 600 feet of any church, a hospital other than a veterinary hospital, an asylum, a licensed child care center, or a public or private primary or secondary school or institution of higher education unless the person receives authorization in writing from that organization;
  2. Sell at retail, explode, or ignite fireworks within 100 feet of a place where flammable liquids or flammable compressed gasses are stored and dispensed;
  3. Explode or ignite fireworks within 100 feet of a place where fireworks are stored or sold;
  4. Ignite or discharge fireworks in or from a motor vehicle;
  5. Place ignited fireworks in, or throw ignited fireworks at, a motor vehicle;
  6. Conduct a public fireworks display that includes Fireworks 1.3G unless the person is a licensed pyrotechnic operator;
  7. Conduct a proximate display of fireworks that includes Fireworks 1.3G or Fireworks 1.4G as defined in NFPA 1126 Standards for the Use of Pyrotechnics Before a Proximate Audience unless the person is a licensed pyrotechnic special effects operator and has the approval of the local fire prevention officer; or
  8. Sell, store, manufacture, distribute, or display fireworks except as provided by this chapter or rules adopted by the commissioner under this chapter.

Texas Occupations Code, Subchapter F, Sec. 2154.251

These violations are Class C Misdemeanors, which can be punishable by a fine up to $500.

Fireworks licensing violations are Class B Misdemeanors which can result in a jail term up to 180 days and a fine not to exceed $2,000.

Fireworks City Ordinances | Local Fireworks Rules in Fort Worth, Keller, and Southlake

In addition to State law, most cities in Texas regulate the use and display of fireworks by way of specific city ordinances. For example, Fort Worth, Texas has enacted an ordinance making the sale, discharge or possession of fireworks within the incorporated city limits a Class C misdemeanor punishable by up to a $2,000.00 fine. Similar ordinances exist in Keller and Southlake, and most other Texas cities.

Before your celebrations, it’s always best to review the above regulations under the Texas Occupations Code and check your local city ordinances online to ensure that you’re legally possessing, using and displaying fireworks.

Christmas Holiday Arrests Texas

Top 5 Reasons for Arrests During the Christmas Holiday Season

By | Criminal Defense

Christmas Holiday Arrests TexasWhen you think about the Christmas season, you probably think about family time, presents, good food, and celebration. We think about those things too, but as criminal defense attorneys, we also think about the reasons that some of our clients get arrested during the holiday season. For this article, we took a look at the last 6 years of holiday season arrests (for clients that we represented) and compiled an (anecdotal) list of the top 5 reasons that folks get arrested during the Christmas/New Year’s season. Our goal is that this list will serve as a warning, so that your holiday season can be filled with the good stuff, rather than jail, bail, and calls to our office. Here goes:

5. Shoplifting

Many retailers slash their prices and offer steep discounts in the weeks leading up to Christmas and even bigger discounts after Christmas, but we have yet to see any retailer offer the “five finger discount” for their merchandise. Regardless, we see plenty of shoplifting cases during the Christmas season, making it our #5 reasons that people get arrested during Christmas. Depending on the regular price value of the item (not the discounted price), shoplifting theft charges can range from misdemeanors to felonies. Learn more about Theft law in Texas here.

4. Package Theft

In a similar vein to shoplifting, our #4 reason for holiday arrests is package theft. Many shoppers choose the convenience of online shopping and have their Christmas purchases delivered right to their front door. Some people see this as an easy target, following behind UPS or FedEx trucks to steal those would-be Christmas gifts from the front porch. However, with the increase in doorbell cameras, it is getting easier to catch the porch pirates in the act. Further, some law enforcement agencies have begun using dummy packages to bait thieves into getting caught. Package theft can range from a misdemeanor to a felony depending on what unknown treasure lay inside the brown box.

3. Airport Contraband (Guns and Drugs)

Going to visit grandma can require air travel for many families. This means that thousands more people than usual flood through DFW Airport between Thanksgiving and New Year’s. It matters not from where these travelers hail. From Maryland to Oregon to France, if a person is arrested at DFW Airport, their case will be filed in Tarrant County, Texas and they will have to travel back to DFW to attend court. During the holidays, we see a surge in airport arrests when people bring items into the airport that are not allowed. These mostly consist of:

Even if the state from which a traveler is coming has legalized marijuana and the state to which they are traveling has legalized marijuana, if they are caught possessing marijuana in the airport, they will be arrested and charged. The combination of airport gun arrests and airport drug arrests make these types of cases our #3 reason for holiday arrests.

2. Assault Family Violence

In the movie Christmas Vacation, Clark Griswold showed an enormous amount of restraint when his extended family pushed him to the limit (especially Cousin Eddie), but not everyone is blessed with such a cool head. Christmas time brings added stressors into the family environment that can sometimes lead to verbal or physical altercations between family members, so much so, that these arrests rank at #2 in our book. Depending on the nature of the assault, a domestic violence arrest can be charged as a misdemeanor or a felony. Learn more about Family Violence under Texas law.

1. Driving While Intoxicated

With all of the Christmas and New Year’s parties and the increase in No Refusal Weekends, it is not hard to guess that DWI arrests are #1 on our list. Driving While Intoxicated in Texas can range from a misdemeanor (if it is a first or second offense) to a felony (if there is a child in the car or if the person arrested has been convicted of DWI twice in the past). Our advice is to plan ahead and do not even take your car to a Christmas party when you plan to drink. Catch a ride from a friend or take an Uber or Lyft. That would be a lot cheaper than hiring an attorney and a lot less hassle too. Learn more about Texas DWI law here.

We Hope You Never Need Us, But We’re Here if Your Do.

We wish you a very merry Christmas and a happy New Year. As always, we hope you never need us to represent you or one of your loved ones for a criminal offense. This is even more true during the Christmas season. Hopefully this list will help you avoid trouble that looms during the holiday season. If you do happen to need us, we are only a phone call away at (817) 993-9249.

Driving Around Barricade Crime Texas

Is Driving Around a Water Barricade a Criminal Offense?

By | Criminal Defense

Rules of the Road During Flood Season in Texas

Driving Around Barricade Crime TexasFor four years in a row, Texas has experienced significant flooding due to unusual amounts of rainfall. Many people have lost their lives in cars that were swept away in rushing water and many houses have been ruined by flooding across the state.  First responders are on high alert and have been involved in numerous high water rescues.

One story made the news in 2016 when a man was rescued after his car entered a flooded roadway and was filled with water.  Johnson County had to use a drone to fly overhead and locate the man and then emergency personnel executed a rescue.  But what made this story different was what happened to the man after he was rescued.  Johnson County Sheriff’s slapped handcuffs on the man and arrested him for driving around a barricade.

Driving Around a Water Barricade is a Class B Misdemeanor in Texas

Section 472.022 of the Texas Transportation Code governs “OBEYING WARNING SIGNS AND BARRICADES” and provides (in relevant part):

(a) A person commits an offense if the person:
(1) disobeys the instructions, signals, warnings, or markings of a warning sign; or
(2) drives around a barricade.
(d)(2) if a person commits an offense under Subsection (a) where a warning sign or barricade has been placed because water is over any portion of a road, street, or highway, the offense is a Class B misdemeanor.

In Texas, the punishment range for a Class B Misdemeanor is 0-180 days in jail and a fine not to exceed $2,000.

While arrests after a water rescue are not the norm, this certainly provides another reason not to drive around a high water barricade. You would think that the potential danger to life and property would be enough, but sometimes folks need a little more motivation. Johnson County has given us that.

DWI Costs Texas

14 Ways a Texas DWI Conviction Can Cost You | A Look at the Numbers

By | Criminal Defense

“DWI – YOU CAN’T AFFORD IT”

DWI Costs TexasYou’ve seen the blue and white signs posted all over Texas roadways that read “DWI – You Can’t Afford It.” The signs offer a simple warning, but they don’t detail the actual costs related to a DWI arrest. So, we thought we’d help give you a general idea of what to expect financially if you or someone you know is faced with a DWI charge in Texas. The figures that we provide may not be 100% accurate for every case or situation but are drawn from our experience in representing well over 500 Texans charged with all types of DWI offenses.

1. Attorney Fees (Varies)

The cost of hiring a DWI attorney is probably the first thing that comes to mind for most folks when they consider the cost of a DWI. As you know, if you are charged with a DWI in Texas, having solid, experienced DWI representation is paramount. Keep in mind that your attorney can often help you save or offset some of the costs we will discuss in detail below, so it is important to retain counsel that is experienced in handling DWIs in your jurisdiction.

*A word of warning… “Nothing is more expensive than a cheap lawyer.” The range of DWI attorney’s fees is broad and can vary by experience and expertise. Contact our DWI defense team to learn about our fees for DWI representation.

2. Bail Bond Costs (Est. $100 – $2,500)

After being arrested for DWI, paying the bond to secure jail release will be the first expense incurred. Depending on the type of DWI charge and the jurisdiction, judges across the state set bond amounts that we’ve seen range from $500 – $10,000. Bail Bondsmen typically charge 10-15% of the total bond amount, but that amount you pay the bondsman is kept by the bondsman. You can also pay a Cash Bond. A cash bond requires payment in full of the bond amount, but the money is returned to you upon disposition of the case (minus any administrative fees charged by your county.) Some counties offer bond release programs for low-risk offenders. This option is often the cheapest route initially, but there can be monthly reporting requirements that require additional fees.

*If you plan to pay a bail bondsman, you will probably pay between $100 and $500.

*If you pay the full cash bond, you can estimate between $500 and $2500 in our experience.

3. Ignition Interlock and/or Alcohol Monitoring ($65 – $250 monthly)

Counties vary on how and when they require an ignition interlock device or alternative alcohol monitoring device as a condition of bond. If required in your case, the court will require you to maintain the device as a condition of your bond. Additionally, if you are convicted and placed on probation for certain DWI offenses, the law requires the ignition interlock device requirement. There are several different companies that offer these devices and we’ve seen the monthly costs of the devices range from $65-105 monthly. Some companies require deposits or administrative fees at the time of device installation.

*If you are required to install an ignition interlock device on your vehicle, the monthly cost will range from $65 – $150.

*If you are required to have a home alcohol monitor or use a wearable SCRAM device that measures alcohol 24/7, the monthly cost will range from $65 to $250.

4. Occupational Driver’s License Costs ($180 – $420)

If, during your arrest for DWI, you refuse to provide a specimen of breath or blood, or the specimen that you provide is over the legal limit of .08, DPS will seek to suspend your license for a period of 90 days – 2 years. You have a right to a hearing on that suspension (a good attorney will request a hearing on the suspension and contest it.) However, if the license is ultimately suspended, you should be eligible for an occupational driver’s license.

An occupational license gives you the ability to drive for employment purposes as well as essential household duties. In order to obtain an occupational license, you must file a petition with the court. The filing fees associated with a Petition for Occupational License range from $45-$285, depending on the court.

Once the occupational license is granted, the order granting the license has to be processed by DPS. At that time, DPS will charge a $125 license reinstatement fee and $10 fee to process the plastic occupational license. It is important to note that a request for occupational license requires proof of financial responsibility also known as an SR22.

5. SR22 Insurance Costs ($25 to $125 monthly)

An SR22 is proof of your financial responsibility. Ultimately, you will maintain your liability insurance. The SR22 is an additional endorsement that monitors your status as an insured driver and confirms for DPS that you are insured. The costs of an SR22 can vary from $25-$125 monthly depending on the insurance company and how the SR22 is requested.

6. DWI Fines (Est. $500 – $1,250)

If you are ultimately convicted of DWI, whether as a result of a plea agreement or after a jury trial, the court will typically impose a fine. The fines misdemeanor DWI convictions in Texas range from $0 – $4,000 and the fines for felony DWI convictions range from $0 – $10,000. Regardless of the charge, fines are typically negotiated by your attorney during plea negotiations with the prosecution.

* If you are found Not Guilty of your DWI charge, there are no fines imposed.

7. Court costs (Est. $300 – $400)

True to their name, “court costs” are the costs charged by the court for processing your case. Court costs are only incurred when there is a guilty finding or a guilty plea and they usually range from approximately $300-400.

* If you are found Not Guilty of your DWI charge, there are no court costs.

8. DWI Probation Fees (Est. $60 monthly)

If your DWI case results in a probation sentence, the judge will order you to pay a monthly supervision fee to the probation department. We’ve seen these fees waived and seen them imposed up to $60 monthly depending on the person’s financial status.

9. DWI Eduction Program Costs (Est. $100 – $125)

If you are convicted and placed on probation, you will be required to complete a 12 hour DWI Education Program class. The cost of the DWI Education program class is typically around $100-125.

10. Victim Impact Panel (Est. $50 – $70)

Another requirement that is typically imposed by the court as a condition of probation is the Victim Impact Panel (VIP). VIP is a presentation by Mothers Against Drunk Driving (M.A.D.D.) or similar organizations where people or family members of people affected by intoxicated offenses describe their experiences with those situations.

* The fee for attending the panel is usually $50-70.

11. Substance Abuse Evaluation (Varies)

If sentenced to probation, you will be required to submit to an assessment to confirm whether you have any underlying alcohol or drug-related disorders. Once the assessment is performed, there will be a recommendation made if there are findings of alcohol or drug-use issues. Those recommendations can range from individual counseling to outpatient treatment to residential treatment. As you know, these services are not free and can be very expensive.

12. Restitution to Impacted Party or Labs (Varies)

If you were involved in an accident where property damage or medical bills are incurred by a third party, you can be required to provide restitution to that person or persons. We also see restitution requested by the labs that perform blood alcohol analysis for the state (typically around $180).

13. DPS License Surcharges ($3,000 – $6,000)

License surcharges are usually the last cost incurred, but also the most expensive. Texas has a highly controversial program known as the “Texas DPS Driver Responsibility Surcharge Program.” The purpose of the program is to penalize people convicted of DWI with an additional financial penalty related to their driver’s license. If not paid, the consequence is an automatic, indefinite suspension of their driver’s license until paid.

The surcharges range from $3,000 – $6,000 depending on the type of DWI charge.

14. Insurance Rate Increase (Varies)

Many people report their car insurance rates skyrocketing after a DWI conviction. In the alternative, several insurance companies will deny future coverage altogether. This can be one of the most expensive consequences of getting a DWI and it is hard to forecast the exact impact because it will last for a long time.

Conclusion

While every DWI arrest is different, it is easy to see how a DWI conviction in Texas could end up costing $15,000 in the long run. Hiring an attorney experienced in handling DWI cases is essential. The majority of these costs are only applicable if you are convicted. The best thing you can do is hire an attorney who can review your case to determine what problematic issues there are for the state and whether the state has the evidence they need for a conviction. If they don’t, you might be able to avoid some of these costs altogether. If you or someone you know is charged with a DWI, please give Barnett, Howard & Williams, PLLC a call at (817) 993-9249. We will gladly offer a free in-person consultation to sit down and discuss your case with you.