Dec 04
5
stealing presents Christmas theft package

Don’t Be a Grinch: Punishments for Christmas Package Theft in Texas

By | Theft

stealing presents Christmas theft packageThroughout the year, package thefts occur on a fairly regular basis. But, as Christmas draws near and package delivery increases, so too do the thefts. While packages left on doorsteps and out in the open may seem to be easy targets for thieves, the consequences of getting caught are rarely considered. Would-be porch pirates should certainly think through their intended capers as many houses are equipped with doorbell cameras these days that capture clear video of any movement at or near the doorway.

What Can Happen to Individuals Who Steal Packages?

Grinchy thieves can face stiff penalties for stealing packages. In Texas, theft is classified by the amount of property that is stolen. Depending on the amount of the items stolen, a person caught stealing packages can face anywhere from a Class C misdemeanor punishable by a fine of up to $500 up to a First Degree Felony facing 99 years or life in the penitentiary. The latter would require someone stealing an item worth more than $300,000. While this may be unlikely, a thief wouldn’t know what he or she is stealing until he opens up that box. In addition, if committed within the same criminal episode, the aggregate amount of the items stolen could increase the punishment ranges for the offense as well.

Theft Of Mail In Texas

In 2019, the Texas legislature passed another law aimed at package theft. HB 37 makes it a crime to steal mail (including packages) from mailboxes or homes. The punishment range of this new law is linked to the amount of homes from which mail is taken. If a person takes packages from fewer than 10 homes, the crime is a Class A misdemeanor; 11-30 homes is a State Jail Felony; and 31+ homes is a 3rd Degree Felony. Of course, if the value of the package would make the offense a higher felony, then the state could also choose to file a case for the greater offense.

What Happens When Multiple Individuals Act as a Team to Steal Packages?

The consequences of people acting in a team to steal packages can increase the acts to the offense of Engaging in Organized Criminal Activity. In Texas, a person commits the offense of Engaging in Organized Criminal Activity if with the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang, the person commits or conspires to commit theft. Tex. Penal Code 71.02. This increases the punishment one category higher than the offense originally committed. Most often, these types of cases are filed as 3rd degree felonies which carry a range of punishment of between 2-10 years in prison and up to a $10,000 fine.

Punishments for package theft can be harsh. While a person may be stealing property worth only a few dollars, they may also be stealing property worth thousands. The potential punishment a person faces for package theft may not deter thieves but there are certain other things that citizens can do to prevent these acts from occurring.

How to Prevent Package Thefts

The primary means by which package thefts are being prevented are with the increasing use of video surveillance. Individuals looking to steal packages off of front porches are becoming more and more aware of doorbell cameras and other small home surveillance cameras. The increased media coverage of these incidents and the increased capture of thieves by way of theses surveillance methods is enhancing deterrent efforts. YouTuber Mark Rober also continues to perfect his package theft glitter bomb, which could aid in the deterrence effort.

 

Despite the fact that security cameras are gaining in popularity (and the media reports on a regular basis of people being caught because of them), package thefts in Texas have not been eliminated. There are still those individuals that choose to ignore the possibility of getting caught and the potential consequences. And, for those folks, maybe it would help to reflect on the words of The Grinch, “Maybe Christmas doesn’t come from a store. Maybe Christmas…perhaps…means a little bit more!”

But for those individuals who persist and ignore the warnings and advice – and reflections from the Grinch – the BHW phone line is always open – just don’t say we never told you so!

Oct 23
1
Assault as Lesser Included

Assault By Contact NOT an LIO of Assault Bodily Injury

By | Assault

Is the Class C charge of Assault (Offensive Contact) a lesser-included offense of the Class A charge of Assault (Bodily Injury)?

In short, the answer is most likely No.

Assault as Lesser IncludedAn offensive-contact assault not a lesser-included offense of a bodily-injury assault because the offenses have different elements.

The Court of Criminal Appeals, whose opinions are controlling in Texas, held that an offensive-contact assault is not a lesser-included offense (“LIO”) of a bodily-injury assault because what the state was required to prove for one offense differed from what the state had to prove for the other (McKithan v. State, 324 S.W.3d 582, 583, 591 (Tex. Crim. App. 2010)). For a Class A misdemeanor bodily-injury assault, the state must prove that bodily injury (or pain) occurred; the statute does not require the state to prove that the contact was offensive or provocative (Tex. Penal Code § 22.01(a)(1), (a)(3)). An offense is not an LIO if the state must prove different elements for each offense (McKithan, 324 S.W.3d at 583, 591). It is not enough that “proof of the charged [] offense may also” show the other offense; the State must be “required to prove these offenses in establishing the charged offenses” (Id. at 593).

Granted, seven years before McKithan, the Court of Criminal Appeals stated that an offensive-contact assault is an LIO “of (a)(1), because [it is] proved by less than all the facts required to prove (a)(1), specifically, physical injury” (Reed v. State, 117 S.W.3d 260, 267 (Tex. Crim. App. 2003)). However, the Court of Criminal Appeals seemed to move away from this categorical view in McKithan.

Additionally, the appeals court presiding over cases in Tarrant County, the Second Court of Appeals, held that an offensive-contact assault “is not, under the circumstances of this case, a lesser-included offense of assault causing bodily injury” (Welsh v. State, 2009 Tex. App. LEXIS 3592, *4-5 (Tex. App—Fort Worth May 21, 2009)). Other courts echo this sentiment. For example, in Norman v. State, the appeals court held that the trial court did not make a mistake when it refused to instruct the jury on offensive-contact assaults as a LIO of bodily-injury assaults because offensive-contact assaults have a unique element (2019 Tex. App. LEXIS 6690, *16-17 (Tex. App—Amarillo August 1, 2019). And one Houston court stated that “[b]ecause offensive-contact assault is not within the proof necessary to establish bodily-injury assault, it is not a lesser-included offense” (Washington v. State, 2019 Tex. App. LEXIS 5409, *12 (Tex. App—Houston June 27, 2019)).

Thus, offensive-contact assaults are not considered LIOs of assaults causing bodily. An assault under § 22.01(a)(3) has elements unique to it, so one cannot prove an assault under § 22.01(a)(1) by establishing the elements of assault under § 22.01(a)(3).

Aug 21
0
2023 Scholarship Winners BHW

2023 Scholarship Winners

By | Scholarship

Barnett Howard & Williams PLLC Announces the Recipients of the 2023 Scholarship Awards

2023 Scholarship Winners BHWBHW is thrilled to continue our two scholarships for 2023. In honor of the sacrifices of our military veterans, our scholarships are connected to military service. The first scholarship is a $500 award for a Military Veteran Law Student and the second scholarship is a $500 award for a Military Dependent undergraduate student. Throughout the year, we received several applications from very deserving students. We appreciate all of the students that took the time to apply for the scholarships and wish them all the best in their studies. For those students that were not selected, we invite you to apply again next year as we plan to continue the scholarship offers as an annual award.

2023 Winner – Military Veteran Law Student Scholarship

The winner of the 2023 Military Veteran Law Student Scholarship is:

ANDREW BACON

Andrew Bacon is a Marine Corps veteran who currently attends the University of Denver Sturm College of Law. Congratulations Andrew Bacon. Best wishes as you continue toward your law degree.

2023 Winner – Military Dependent Scholarship

The winner of the 2023 Military Dependent Undergraduate Scholarship is:

FRANCESCA QUINATA

Francesca Quinata is a US Army dependent whose father enlisted from Guam and served for over 20 years. Francesca currently attends the University of Texas and will be the first member of her family to attend college. Congratulations Francesca! Best wishes as you continue in your studies.

More Information About Our Scholarship Opportunities:

For more information about how to apply for these scholarships in future years, please visit the scholarship pages:

Military Veteran Law Student Scholarship

Military Dependent Scholarship

Jul 03
12
Fireworks Laws in Texas2

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 in TexasIndependence 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 (so are we), 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.

Jun 28
15
UM UIM PIP Insurance Texas

What You Need to Know When Buying or Renewing Your Car Insurance

By | Car Wreck

Protect Your Family By Knowing These 3 Car Insurance Acronyms

UM UIM PIP Insurance TexasCar insurance premiums, like everything else these days, have reached historic highs. You get your renewal notice in the mail and gasp at the increase. So, you make the call to your insurance agent to see what can be done to save you money.

We’ve all seen the commercials – switch to us, bundle this with that, install this in your car, etc. and promises are made to save you money! A lot of times you will receive discounts by doing these things, BUT one of the main ways that insurance companies try to “save you money” is by asking you to reject KEY options in your policy that you’re unfamiliar with.

Here are the acronyms we want to educate you about:

UM – Uninsured Motorist Policy
UIM – Underinsured Motorist Policy
PIP – Personal Injury Protection

Under Texas law, these three options are required to be offered to you by your insurance company. However, you can choose to reject them as part of your car insurance policy if you so choose (Texas Insurance Code Art. 5.06(1) & Sec. 1952.152(b).)

It’s important to note these insurance options are part of YOUR insurance policy that add extra layers of coverage if you or your family are involved in a car wreck. Let’s talk about what these options are and why they are crucial to providing the adequate protection you need.

What is Uninsured Motorist Insurance (UM)?

This one’s pretty straightforward. This Uninsured Motorist insurance provides coverage if you are involved in an accident with another at-fault driver who does NOT have car insurance. Research estimates that around 1,500,000 drivers in Texas are not insured. That’s a lot of folks and the importance of having this insurance cannot be overstated!

What is Underinsured Motorist Insurance (UIM)?

This insurance provides coverage when you are involved in an accident and the at-fault party’s insurance limits aren’t enough to pay for your or your family’s medical bills, lost wages, loss of earning capacity, pain and suffering, etc. Believe it or not Texas’ minimum policy limits for auto insurance is STILL $30,000 per person/$60,000 per accident (Texas Transportation Code 601.072.) Those are the same minimum coverage amounts that existed in 2011! We could go into further discussion regarding why those amounts haven’t increased in 12 years, but we think it’s pretty obvious that the insurance companies have done a good job of making sure our state legislature doesn’t address this issue. When you consider how expensive medical bills have become and how much inflation has occurred over the last 12 years, it becomes apparent that this insurance is extremely necessary, too.

What is Personal Injury Protection (PIP)?

If you are involved in a car wreck, regardless of who is at fault, Personal Injury Protection insurance provides coverage to a certain limit for necessary expenses for:

1) Necessary medical, surgical, x-ray, or dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing or funeral services
2) Replacement of income lost as the result of the accident (lost wages) and,
3) if not an income or wage producer, reimbursement of necessary and reasonable expenses for essential services ordinarily provided by that person for care and maintenance of the family or household (Texas Insurance Code 1952.151.)

This coverage extends not only to the driver, but also to all occupants in the vehicle driven by you or your family member. It also provides coverage to you or your family member if you or they are a passenger in another vehicle driven by another person with their own insurance.

These three options were created by law to provide solid insurance coverage to protect Texas citizens and their families. For insurance companies, however, it’s not good for their bottom line and profits.

And, unfortunately, Texas law allows a way for insurance companies to avoid offering these options as part of your insurance policy. How do they do it? By getting YOU to agree to reject these options at the time you purchase your car insurance.

Now that you’ve read this and know what these insurance options provide, you would never agree to reject them, right? The reality, however, is that when you’re going through the insurance shopping experience (especially nowadays with current inflation rates) your focus becomes:

“HOW MUCH IS THIS GOING TO COST ME AND ARE THERE WAYS TO SAVE ME MONEY?”

Therein lies the vulnerability that insurance companies love to pounce on.

Your insurance agent or company will offer to save you a nominal amount of money if you agree to reject these options. We use the word nominal because the savings you might see are significantly outweighed by the out-of-pocket costs you will experience if involved in a car wreck and don’t have these coverages.

It’s worth noting that some insurance companies operate in such a way that they’d prefer to not even discuss UM/UIM/PIP and will instead deceptively present rejecting them as an easy option to save money without informing you fully about the consequences of doing so. That is exactly why we are providing you with the information in this article. Most shoppers are savvy these days and want to be informed about their purchases. We hope this article helps educate you about why these insurance options matter and how rejecting them ultimately offers you no real benefit. Don’t let the small amount of increase in your total policy premium deter you from REFUSING to reject UM/UIM/PIP coverage. Simply put – the additional amount you will pay IS WORTH IT.

Things we recommend when shopping for your insurance or when renewing it:

1) CONFIRM with your insurance agent or company that you are NOT rejecting UM/UIM/PIP,
2) READ WHAT YOU SIGN – we know this can be overwhelming and the insurance companies prefer it that way but do your best,
3) LOOK SPECIFICALLY for documentation that indicates you are rejecting UM/UIM/PIP,
4) LOOK SPECIFICALLY at your declarations page and look to see where UM/UIM/PIP coverages are included,
5) PAY ATTENTION to the minimum amounts for each so you know what you’re getting, and
6) IF YOU WANT MORE THAN THE MINIMUM COVERAGE, ask your insurance agent what higher limits they offer.

One more thing to note – if, after reading this article, you look at your policy and discover that you have rejected UM/UIM/PIP as part of your insurance coverage, call your insurance agent or company and inform them you want it added as soon as possible. We often handle cases where the client has rejected UM/UIM/PIP and unfortunately discover the “full coverage” they thought they had is far from it.

We’ll conclude with this – our hope is you have solid insurance coverage and NEVER need to use it. That really is the best case. If, however, you or your family are involved in a car accident, we highly recommend you consult with an attorney. Barnett, Howard & Williams, PLLC offers a free consultation and are here if you need us.

May 03
9
Operation Motor Vehicle Texas DWI

Operating a Motor Vehicle in the DWI Context

By | DWI

What does it mean to “Operate” a vehicle under Texas’ DWI laws?

Operation Motor Vehicle Texas DWIThe simple answer is that it means whatever the jury (not the judge) says it means.

Under Section 49.04(a) of the Texas Penal Code, a person commits the offense of DWI when the person “is intoxicated while operating a motor vehicle in a public place.” Emphasis added.  The Penal Code, however, does not define the term “operating.” When words are left undefined by statute, the Texas Government Code Section 311.011 tells us that those words are to be “construed according to the rules of grammar and common usage,” unless the word or phrase has some “technical or particular meaning,” in which case, the word or phrase “shall be construed accordingly.” What about the word “operating?” Is it common or technical?

In the trial of Kirsch v. State out in the Longview area, the defendant was charged with DWI after the police found him drunk while standing over his motorcycle trying to kick-start it on a public road.  As you might guess, there was a dispute over whether he was “operating” his vehicle while intoxicated.  Over defense objection, the trial court included the prosecutor’s requested definition of “operate” in the jury instructions:

to exert personal effort to cause the vehicle to function.

To the prosecutor’s credit, the definition was taken from an appellate case (although not one dealing with jury instructions).  Now, under this definition it is pretty clear that by trying to kick-start the motorcycle, the defendant was indeed operating a motor vehicle.  But if the term “operate” had been left undefined for the jury, then the defense could have certainly argued under the rules of grammar and common usage that the defendant was not “operating” his vehicle, because it was not running (or whatever other arguments an able defense counsel might make).  Armed with a black and white definition of “operate,” the jury convicted the defendant of DWI.

The 6th District Court of Appeals (Texarkana) affirmed the conviction.

The Texas Court of Criminal Appeals reversed. For a unanimous court, Judge Alcala wrote:

Our cases have consistently held that “operate” is a common term that has not acquired a technical meaning and may be interpreted according to its common usage… Although an appellate court may articulate a definition of a statutorily undefined, common term in assessing the sufficiency of the evidence on appellate review, a trial court’s inclusion of that definition in a jury charge may constitute an improper comment on the weight of the evidence.

The opinion goes on to note that by instructing the jurors on the definition of the term “operate,” the trial court “impermissibly guided their understanding of the term.” “The jury should have been free,” the CCA held, “to assign that term ‘any meaning which is acceptable in common parlance.’” The CCA reversed the case and remanded it back to the COA for a harm analysis.

There you have it. The meaning of the term “operating” in the Texas DWI statute means…whatever the jury thinks it means.

Fort Worth DWI Defense Attorneys | Keller DWI | Grapevine DWI

Contact the top-rated Tarrant County DWI attorneys of Barnett Howard & Williams PLLC for a FREE consultation of your DWI case. We will help you determine whether the State could prove that you were operating a motor vehicle under Texas DWI law.  Call (817) 993-9249 or send us a contact email from our website. Our team of DWI attorneys will get to work defending your rights and protecting your future.

Jan 28
9
Solicitation Prostitution Sting Texas

Solicitation of Prostitution in Texas

By | Prostitution

Prostitution is Illegal in Texas

Solicitation Prostitution Sting TexasIn Texas, under Chapter 43 of the Penal Code, all forms of prostitution are outlawed. Whether a person is involved in promoting prostitution, engaging in prostitution, or soliciting another to engage in an act of prostitution, it is all illegal and can result in arrest, conviction, and prison time in Texas.

What is Solicitation of Prostitution Under Texas Law?

As defined in Section 43.021(a) of the Texas Penal Code, “A person commits an offense if the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.” This law does not require a person to actually show up to the agreed location in person, since the offense is committed at the time the offer of money for sex is proffered. However, in most circumstances, the police will not make an arrest unless the “John” actually shows up to the scene.

Prostitution Stings in Texas

Many solicitation of prostitution arrests occur as part of undercover police sting operations. Due to the prevalence and increase of human trafficking in Texas, police agencies have ramped up prostitution sting operations in hopes of decreasing the demand for sex services. Most sting operations are widely publicized afterwards, causing embarrassment, job loss, and relationship stress for those caught in the sting, not to mention the follow-on criminal implications. Our firm has represented people across North Texas that have been arrested in prostitution stings with favorable results.

Call BHW Today (817) 993-9249

Solicitation of Prostitution is a State Jail Felony in Texas

On September 1, 2021, the offense of soliciting a prostitute in Texas was enhanced from being a Class B Misdemeanor to a State Jail Felony. This means that, even if it is your first offense, if you “knowingly offer or agree to pay a fee to another person for the purpose of engaging in sexual conduct with that person” you can be convicted of a felony offense and sentenced to a minimum of 6 months and a maximum of 2 years in a State Jail facility. If you have a previous solicitation conviction, then the next offense is a 3rd Degree Felony with a punishment range of 2-10 years in prison.

What to do if you are Arrested for Solicitation of a Prostitute?

If you are arrested for solicitation, once you have bonded out of jail, you should contact an experienced and trusted criminal defense attorney in the jurisdiction where the arrest occurred. Our team of criminal defense lawyers at Barnett Howard & Williams handle around a dozen solicitation cases every year, many of which are the product of Tarrant County Sheriff sting operations. Contact us today for a free consultation at (817) 993-9249. We have offices in Fort Worth and Keller.

Jan 26
10
EPO Drop Protective Order Texas

Lifting an Emergency Protective Order Issued After a Domestic Violence Arrest

By | Domestic Violence

How To Lift an Emergency Protective Order (EPO) Associated with a Texas Domestic Violence Case?

EPO Drop Protective Order Texas

If you were arrested for Assault (Family Violence), chances are that you also received an Emergency Protective Order prohibiting you from going within 500 yards (or similar distance) from the “victim’s” home or workplace, along with other conditions for a period of 31, 61, or 91 days depending on the nature of the alleged assault. Protective Orders can cause big problems, especially when the two parties live together in the same house and share childcare and other family responsibilities.

Can I Lift The Emergency Protective Order So That I Can Go Home?

Yes, you can (in most cases). We are asked this question on a daily basis. A spouse that was arrested for Domestic Violence has been forced to leave the family home because of the EPO. EPOs, however, do not relieve people of their daily responsibilities to take care of children, go to work, or provide for their families. An EPO can certainly throw a wrench into a family dynamic.

We help families modify protective orders to allow a defendant to return home. We do not typically request that the entire EPO be lifted completely, only amended.

Amending an EPO is Not the Same Thing as Lifting an EPO.

So what’s the big difference in lifting an EPO versus amending an EPO. Most judges will not agree to completely lift an EPO, because, as they see it, there was likely a good reason for the imposition of the EPO in the first place. Additionally, in almost every scenario, the District Attorney’s office will oppose lifting the EPO. However, many judges will agree to amend or modify an EPO and change some of the conditions. Usually, if the victim requests it, a judge will amend the protective order to allow the defendant to return home or resume contact with the complainant and the family. However, the remaining conditions, usually involving not committing family violence or threatening the victim, remain in place for the duration of the protective order.

Call BHW Today (817) 993-9249

What are the Steps to Amending a Protective Order in Fort Worth?

First, it is important to know that all jurisdictions handle protective orders differently. For instance, the Fort Worth Municipal Court handles protective orders differently from Tarrant County Criminal Court #5. Some courts prefer to hold a formal hearing and others do not. However, in all cases, we request the following:

  • An Affidavit from the Victim Requesting a Change of the Protective Order: This can be drafted and signed in our office, but the victim must be present and indicate that this is what he/she wants. In our experience, if the complaining witness does not want the EPO changed, then the judge is not going to change it.
  • A Motion to Modify the Protective Order: We draft and file the motion with the court having jurisdiction over the EPO. Texas law requires that we allege 3 things in our motion and that the judge find those 3 things to be true before he/she can modify the EPO:
    • (1) The current EPO is unworkable;
    • (2) Modification of the EPO will not place the victim in a greater risk of harm; and
    • (3) Modification of the EPO will not result in harm to any person protected under the order.
  • An Affidavit of Non-Prosecution: This is not a required document, but we allow victims to sign an ANP in our office if they request it. They may end up having to sign another ANP with the prosecutor, but we like to give them the opportunity.
  • Formal or Informal Hearing with the Presiding Judge: Some courts will require an actual hearing with witnesses before deciding whether to modify an EPO. Other courts simply prefer the verified documentation and an informal meeting with the state and the defense.
  • Filing the Amended Order with the Arresting Agency and Sheriff’s Office: If the judge agrees to amend the protective order, we send a copy of the signed order to the defendant, the complainant, the arresting police agency, and the local sheriff’s office. We also advise our clients to keep a copy of the order near the front door in case a nosy neighbor decides to call the police believing that the EPO is being violated.

I Have an Emergency Protective Order. How Do I Get Started in Amending the Order?

If you have an EPO that was issued against you in response to an allegation of Assault (Family Violence), give us a call today to see if we can assist you in getting the order amended so that you can return home to your family. Every case is different, so we want to speak with you and learn more about your situation. This article will not apply to every case, so call us today at (817) 993-9249. We offer Free Consultations in every case with no obligation.

Aug 08
2
Scholarship Winners BHW

2022 BHW Scholarship Winners

By | Scholarship

Barnett Howard & Williams PLLC Announces the Recipients of the 2022 Scholarship Awards

BHW Scholarship Winners

This was the 7th year for our law firm to offer scholarships. In honor of the sacrifices of our military veterans, BHW awards 2 scholarships that are connected to military service. The first scholarship is a $500 award for a Military Veteran Law Student and the second scholarship is a $500 award for a Military Dependent undergraduate student. Throughout the year, we received several applications from very deserving students. We appreciate all of the students that took the time to apply for the scholarships and wish them all the best in their studies. For those students that were not selected, we invite you to apply again next year as we plan to continue the scholarship offers as an annual award.

2022 Winner – Military Veteran Law Student Scholarship

The winner of the 2022 Military Veteran Law Student Scholarship is:

CHRISTOPHER KOLKOWSKI

Christopher Kolkowski is an Air Force veteran and C130J pilot. Mr. Kolkowski currently attends University of Arkansas – Little Rock Bowen School of Law. Congratulations CPT Kolkowski. Best wishes as you continue toward your law degree.

2022 Winner – Military Dependent Scholarship

The winner of the 2022 Military Dependent Undergraduate Scholarship is:

MAGGIE EVANS

Maggie Evans is a US Navy dependent whose father served in the US Navy. Ms. Evans currently attends the University of Texas – San Antonio and is pursuing a Masters degree in Clinical Mental Health Counseling, a field that is dear to her heart (and those of the military community). Congratulations Maggie Evans. Best wishes as you continue in your studies.

More Information About Our Scholarship Opportunities:

For more information about how to apply for these scholarships in future years, please visit the scholarship pages:

Military Veteran Law Student Scholarship

Military Dependent Scholarship

Mar 19
11
Final Four DWI Texas

DWI Madness | “The Final Four” Reasons Texans are Stopped for DWI

By | DWI

Final Four DWI TexasMarch Madness is here again. With the Final Four approaching, we built a bracket of our own. In this article, DWI attorney Jason Howard discusses the top four reasons people are stopped or detained for a DWI investigation in Texas. We’ve compiled and power-seeded our list based on the numerous Tarrant County DWI cases we handle every year. Before we get to the “Final Four,” here are some honorable mentions that didn’t quite make the tournament list:

  • Sleeping in a running vehicle
  • Driving the wrong way on a one-way street
  • Rolling through a stop sign
  • Expired registration as seen by police scanner
  • No license plate light

Of course, there are many more reasons that folks are stopped and investigated for DWI, but below are the top four reasons that we see the most.

The Top Four Reasons Drivers Are Stopped for a DWI Investigation in Texas

#4 – Auto Accident

By auto accident, we mean everything from a head-on collision to a run-in with a mailbox. More serious accidents will usually generate the presence of officers on scene within a matter of minutes. Officers are usually looking to rule out the possibility of someone being intoxicated as soon as they arrive on scene. Minor accidents where there are no injuries might elicit a call to 911 (when there would otherwise just be a swap of insurance) if the other party involved suspects a DWI. Easy to see that if you’ve consumed alcohol and are involved in an accident, there is a high probability of a DWI investigation.

#3 – Swerving or Weaving

Please note – there is a difference between the two. Swerving is the more blatant failure to maintain a single lane by driving the vehicle all across the road. Weaving, on the other hand, is usually more subtle and sometimes observed within the lane. Regardless, if it’s late at night and a police officer is behind you and observes either of these driving behaviors, the red and blues are probably going to come on and the driver asked to step out of the vehicle for field sobriety testing.

#2 – Lane Change Problems

The #3 and #4 seeds were probably the top guesses, right? Surprisingly, we see more of numbers 1 and 2 than any other. And they probably weren’t the ones you guessed. I’ve grouped lane change issues because they can vary from the failure to signal a lane change or turn to the failure to make a proper turn at intersection (aka the “wide right” or “wide left” turn.) If you monitor your daily driving (when you’ve consumed no alcohol,) you’ll probably see that you commit many of these types of traffic infractions constantly. You’ll certainly see other people commit them. So, how does that translate to a police officer’s suspicion of drinking and driving? If it’s late at night on a Friday or Saturday, most patrol officers are quick to pull people over for any traffic violation just to check them out and make sure they’re not DWI.

That brings us to our number one reason people are stopped prior to a DWI arrest…

#1 – Speeding

We’re not talking 100mph in a 30mph zone, although we have seen some crazy speeds. No, we’re talking general, everyday speeding; 5 or 10 miles an hour over the speed limit. Nighttime patrol officers love to use their speed detection devices to initiate stops to find DWIs. That’s right! Patrol officers aren’t just looking for obvious impaired driving clues. It’s clear from our experience in handling DWI cases in Tarrant County that most officers are suspicious of anyone out late at night (especially on the weekends.) They know they only need a legal reason to stop someone at any given time. And once they establish their legal reason (even if it’s just speeding,) they then get to proceed with the “where are you coming from, where are you going, have you had anything to drink?” line of questioning. Once they get an admission of “yeah, I had a couple” or smell even the faintest odor of alcohol from the vehicle, they then get the driver out of the vehicle and begin the field sobriety tests. And once they start with the field sobriety tests, the possibility of being arrested goes up astronomically – even if you’re not intoxicated!

If we were to play out the DWI Final Four tournament, Speeding would be your Texas State Champion.

What Should You Do If You Are Suspected of Driving While Intoxicated?

We’ve written on this topic several times, including:
– DWI Information Page
– May I Legally Refuse a Field Sobriety Test?

If you have been arrested for DWI in Tarrant County after being stopped for one of these four reasons (or any other reason), contact our Tarrant County DWI attorneys for a free case evaluation.