Weapon Laws In Texas

The police in Texas have very specific gun laws when it comes to state residents. There are a few major rules that are enforced in Texas. Although these rules are not written down word for word, the way that they are enforced by the police is what helps to determine how they will be enforced.The first major law in Texas is that you are not allowed to carry a firearm on your body without a permit. The state of Texas has a long program that you can go through to get your license to fire and care a handgun. With this program you must 21 years of age or older to take this course and buy your own handgun.

The second major law is that you are not allowed to carry a concealed weapon. This means that you are not allowed to carry a weapon that is hidden in any way. This law seems a bit vague, but it includes carrying any hidden weapon in your car, on your body, or in any other area when you are out in public. There are always exceptions to this rule. For instance, if you leave on a trip of any extended amount of time from your home, then you are allowed to carry your handgun with you on the trip that you take. The trip must be more than just a days trip. Texas law defines a trip as an extended amount of days away from your domicile. Some officers will question the technicality of this, but usually they will just try to find a reason to bring you into the jail house.

There are also a variety of other laws that the police will enforce in Texas. One of them is that the police will not allow you to own a sawed off shot gun of any kind. Another one of them is that you are not allowed to make any modifications of any kind to a handgun whether you own it or not. You are also not allowed to carry brass knuckles, sling blades of any type, or all types of explosives. If you are a convicted felon you are not allowed to own a weapon of any kind. This is considered a violation of probation. These are just a few of the many rules that must be abided by in Texas in order for you to own and be licensed for a weapon.

For more information on your criminal case, contact Austin Criminal Lawyers of Morales and Navarrete at 866-812-4596.

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Nine Biggest Mistakes People Make After a DWI Arrest

1. Waiting too long to hire an attorney.

After their arrest for a DWI, many people are angry, upset, scared, and confused. They are often embarrassed and would rather not deal with their situation. The great majority of the time, they are afraid to talk to their family or friends because they do not want to be judged. So often they end up doing nothing but waiting and hoping it will all go away. The truth is that the DWI can be a nightmare if it is not dealt with quickly and with action.

1. Time can be your friend or your enemy depending upon how it is used.
2. Inactivity after a DWI case is always a bad idea.
3. The problems with waiting to hire an attorney can only magnify over time.

Many DWI cases are successfully defended based upon learning the details of the stop and the arrest. A Successful Defense is always in the details.

o The defense of the case may require an investigation of the scene.
o The defense of the case may require a discussion with potential witnesses.
o The defense of the case may hinge on the memory of the events and activities before and after the stop and arrest.
o The defense of the case requires immediate investigation because memories fade, roadside conditions can change daily due to weather, videotapes can get erased, and witnesses can move or prove difficult to locate.
o The defense of the case requires pinpointing timelines. When each and every event occurred can be crucial, such as, when the stop occurred, when statements were given, when the Miranda warnings were given, when the Field Sobriety Tests were given, and when the arrest was made.
o The defense of the case may require a thorough and detailed analysis of how the Field Sobriety Tests were instructed and how they were performed.
o The defense of the case may require analyzing how the Police Officer recorded his observations, the words he used, his notes about the stop and the arrest, and his filling out police forms and records. These pieces of evidence can all prove significant to a successful defense.
When should I hire a DWI attorney?

Immediately. New York law requires that you have 45 days after your arraignment to file all Pre-trial motions. An experienced DWI attorney will immediately demand that the prosecution hand over all discovery documents and all proof that they are going to use against you. If you fail to hire an attorney and you do not file any pre-trial motions (challenging the probable cause of the stop, the probable cause of the arrest, and the voluntariness of your statements), you then give up your right to fight the stop, the arrest, and all evidence that came from them.

In short, the sooner you act, the better chance I will have in providing the best DWI defense.

2. Not hiring an experienced and local DWI attorney.

My practice focuses on Ithaca and Tompkins County DWI cases. The majority of my retained clients are Tompkins County New York DWI cases. New York DWI laws are complicated, and techniques in defending DWI are constantly changing. That is why it is important to find a lawyer who stays on top of the current DWI laws, trends, and what occurs in Tompkins County Courts everyday. I am that lawyer.

Furthermore, I concentrate my Continuing Legal Education on DWI specific seminars, rather than general criminal law issues. This assures I always have the most current, up-to-date information to benefit my clients.

3. Not taking the matter seriously.

New York State has no expungement law so if you are convicted, this is a charge that will follow you for the rest of your life. In fact, a conviction will stay on your record even after your death. The additional insurance charges alone could cost you thousands of dollars. Also, a NY DWI or DWAI charge will be used as a predicate offense if you receive another within a 10 year time period. For this second DWI, you will most likely be indicted as a Felony DWI, class E which could mean a real possibility for prison time.

4. Continuing to drive after your license has been taken away.

No need to tempt fate. If your license has been taken, suspended, or revoked, you are only hurting yourself if you continue to drive. "Driving while license invalid" is a misdemeanor in New York State, and punishable by up to a year in jail. Not to mention the complications it will pose in your DWI case.

5. Not taking full advantage of your constitutional rights.

This usually happens when you try to handle the case on your own, or hire an attorney not well versed in DWI laws. There may be numerous areas of your stop and arrest that were unconstitutional. Defense Pre-trial motions
must be filed to:

o Contest the constitutionality of the stop
o Contest the constitutionality of the probable cause to arrest
o Contest the constitutionality of the Miranda rights
o Contest the manner in which roadside tests were given
o Contest the use of a Portable Breath Tester
o Contest the constitutionality of any search and seizure
o Contest the constitutionality of the refusal

6. Failing to appear in Court.

If you do not show up for a Court appearance, the Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.

7. Talking to anyone but an attorney about your case.

Anything you say to them can be used against you. Talking to friends, family, etc. may be nice and comforting, BUT EVERY CASE IS DIFFERENT. Just because something happened in your friend's case, doesn't mean it will happen in yours. Different counties, different judges, different facts mean different results.

8.Thinking that by talking to numerous attorneys you will then be able to handle it on your own.

You need to have an attorney go to Court with you. There is no way around it. It has been said that "an attorney who represents themselves in court, has a fool for a client." EVEN ATTORNEYS charged with DWI will hire a DWI attorney to represent them in court. What does that tell you?

You need an experienced DWI attorney to explain not only the law but options specific to your case and, most importantly, how your decisions can impact your future.

9. Just pleading "Guilty" to the DWI to get it over.

If I plead "Guilty" do I really even need a Lawyer?

I have many clients give me a call and say something along the lines of . . .

"I am guilty. I just want to plea guilty and get this over."

My answer is always a VERY strong "YES!" My job isn't simply to get
innocent people found not guilty, or to get guilty people "off."

My job is to make sure that you are treated fairly and receive fair treatment throughout the process. I also think it is of the utmost importance to understand all of your options and how the decisions you may make today can affect your future.

In New York State, DWI has a very large punishment range. These can range from license suspensions to revocations of 90 days or up to a year. The Court Surcharges can range from $260.00 (for a DWAI) and many hundreds more for a DWI. The fines can range from the hundreds of dollars to the thousands as well. Punishments can include years of probation where you cannot drink alcohol or be around anyplace serving it for years. The conditions of your probation can be as wide as you can imagine. If your plea bargain is not properly negotiated, you could end up with some overly harsh conditions.

Good negotiations may help you avoid having a deep lung device (ignition interlock device) attached to your car. This is an apparatus that requires you to blow into it to start your car, and periodically while driving. If you have friends or business associates in your car, it can be quite embarrassing. Not to mention, it costs about $70 per month to monitor... a price paid by YOU. Over the years, it can cost you thousands of dollars.

Other conditions on your probation could be large amounts of community service, costing you money when you are not working.

Another, and most important consideration is that if you plead guilty, you have 100% chance of being found guilty and having a DWI conviction on your record. New York State has no Expungement law so your DWI record will stay with you for life.

Sometimes, you have the opportunity to be found not guilty at trial, which is not necessarily the same thing as being found innocent. If your rights were violated, etc., a trial is usually the only chance for you to keep this off your record. You could even have the chance of being found guilty to the reduced charge of DWAI, which is a traffic infraction.

What it boils down to is that even if you are guilty, you still need a good DWI lawyer to make sure that you understand your options and are treated fairly.

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Know What to Do in Your DWI Case First

Being arrested for a DWI can be a hard and frustrating situation. There are many things that you will have to worry about when this happens. This first thing you should understand is all that is happening during your arrest. The officer will most likely give you some type of sobriety test. This sobriety test will hopefully tell the officer what your approximate BAC level is.

BAC, or your Blood Alcohol Concentration, is the amount of alcohol that is in your system at the time that you have the breathalyzer or blood test done. When the officer arrests you, he will read you your Miranda rights which you need to listen carefully to. If your Miranda rights are not read to you during the time that you are being handcuffed, you need to make your DWI lawyer aware of this fact as soon as you have chosen a lawyer and meet with them.

Once the officers have gotten you to the jail, they will go through the booking process. The booking process includes finger printing and mug shots. The officers at the jail will then keep you in jail until it is time for your jail release hearing, also known as your bail hearing. At your bail hearing, the judge will look at all of your past offenses as well as past arrests and make a decision as to how high or low your bail should be. If you are considered a flight risk, the court will most likely make your bail a much higher amount than if this is your first offense with a clean record. The worse your record or the offense is, the higher the bail is most likely to be.

Once you have been assigned a bail amount, you will have to find some way to get yourself out of jail. If you have the money at home, then you might want to call a friend to come pay your way out. If you don't have the money at home, you might want to call a bail bondsman to get something worked out so you will have a way out of jail.

The court will also assign you another court day to come in for the trial. Once you are out of jail, you have to make sure that you come back in on the day of the trial so you can plead your case with the court as well as getting a verdict and sentencing.

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Being Pulled Over For a DWB? (Driving While Black!)

Recently posted on a local online city forum in Allen, TX citizens were discussing the issue of racial profiling. Certain individuals even had personal stories of how they had been racially discriminated against.

One guy in Allen says "This cop decided to stare me down at a gas station, then pull me over a mile away, then spit a lie at me saying that he heard of a threat in the area and the suspect is in a black car. He then questions my 2 white girlfriends in the car how old they are, if I have any warrants, where I was going, what I was doing, where I was before. All for driving down the freaking street minding my own business! "

There are definitely two sides to every story and this young man could be manipulating the story, but these kinds of acts are far too common in today's society.

While racial profiling is illegal, a 1996 Supreme Court decision allows police to stop motorists and search their vehicles if they believe trafficking illegal drugs or weapons. More traffic stops leads to more arrests, which further skews the racial profiling statistics against African Americans. Studies have shown that African Americans are far more likely to be stopped and searched. Anyone could see how this would just keep a vicious cycle going, causing the system to be more justified in they're racial pursuit.

There was even a case late last year of a Illinois Congressman, Danny Davis being pulled over and racially profiled against. Davis had been working on his radio show until around midnight Sunday. He was driving home three of his guests -- all African-Americans -- when Chicago police officers pulled his vehicle over around 1 a.m. Monday. "He was not speeding, had a valid driver's license, wasn't swerving, but was pulled over anyway.

There are a few things that you as an American Citizen should know. Here are a few things that might help if you find yourself in one of these kinds of predicaments.

First, you must know your rights! You are not required to give permission to police officer to search your car. You can deny the request - but do so politely.

Secondly, don't argue! The police may try to intimidate you. Do not be confrontational and provoke an argument. This just gives them more ammunition against you in their police report!

Also, get the names of the officers that pulled you over. Be sure to get their badge numbers, squad car number, license plate number, and make a note of the location and time of day. That way when you go to make your complaint, you look intelligent and responsible, so that your complaint is taken seriously.

If you feel that you were the victim of discrimination or racial profiling, file a complaint, contact the ACLU or other civil rights organizations for legal advice, or get an attorney who is well experienced in these matters. Man can only have as much power as you allow them to have over you. You have a right as an American citizen to drive free of harassment and discrimination.

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Five Ways a DUI Breathalyzer Can Be Wrong

While drinking and driving is never a good idea, there are just way too many things that can go horribly wrong, people should also know enough information to protect themselves from a false reading during a breathalyzer test. The fact that there are a number of ways that a breathalyzer can be wrong during the testing process shows that the information these machines provide is not always reliable. This information can be used as a way innocent people can protect themselves against false prosecution of drunk driving.

Here are a five ways that a breathalyzer can be wrong.

Calibration

Without regular calibration, many breathalyzers lose the ability to give accurate readings. The calibration process is meant to train the breathalyzer's sensor so that it can detect accurately the amount of alcohol that is sent through the machine.

Residual Mouth Alcohol

It is important for those administering a breathalyzer test to observe a test subject for twenty or more minutes so that everyone involved that the test results are not thrown off because of any residual alcohol left in the subject's mouth. The problem with testing a subject too soon is that the machinery assumes that any alcohol found in the breath of the subject comes from the lungs and therefore is a reading of how much alcohol is in the bloodstream. It is possible for a subject to have left over alcohol in their mouth that would give a false reading on a breathalyzer when their blood alcohol rate is not really over the legal limit.

Retrograde Extrapolation

One of the more common defense attorney strategies put in use to show the fallibility of a breathalyzer test is to put forth the strategy of retrograde extrapolation. Most breathalyzer tests take place at police headquarters, sometimes more than an hour after the traffic stop. What the theory of retrograde extrapolation attempts to prove is to backtrack from the time of the test to estimate what the true blood alcohol level was at the time of the citation, which would often be less.

Compound Interference

There are a number of compounds in existence that interfere with the results that a breathalyzer can come up with. It is known that those suffering from diabetes can sometimes have acetone levels that are so high that they can be read as being over the legal limit. Acetone is one of the compounds that breathalyzers falsely reads as alcohol. Other things that have sometimes shown to cause false positive readings in breathalyzer tests include inhalers and some dietary supplements.

Absorptive Phase Testing

It takes a given amount of time for alcohol to be absorbed into a person's body, usually from half an hour to two or more hours. This is called the absorptive phase. Testing via breathalyzer during the absorptive phase can give a false reading because while alcohol is in the process of being absorbed it is not distributed evenly throughout the body.

Breathalyzers are something that anyone making the poor decision of getting behind the wheel after having more than a couple drinks will most likely have to deal with at some point in their life. There are a number of things that can go wrong though with a breathalyzer test, causing it to record false levels of alcohol in the test subject. It is important for those people being tested to know that breathalyzers are not infallible, and sometimes the mistakes that are made by the machinery or those operating them can cause someone to be falsely accused or even convicted of driving under the influence of alcohol

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DWI Laws and Prescription Medication

At this point many of us are almost experts on driving under the influence/driving while intoxicated (DUI/DWI) laws. We know the limit in our area, what the basic penalties are, and most of us take proactive steps to avoid ending up behind bars. What about prescription medication? Many people do not know that a large amount of prescribed medication (and even some over the counter) can lead to a DUI/DWI charge if a police officer believes they are impaired. Here I will describe how this occurs, how to avoid it, and what to do if you are charged with a DUI/DWI because of prescription drugs.

How could this happen? Easier than you think! To give a personal example, the author was once involved in a relatively car accident which caused some minor shoulder injuries. In the process of recuperation, he was prescribed common pain medication, and warned it may cause drowsiness. Did it ever! A lot of prescription drugs for pain or anxiety can make the person taking them feel like they have drunk a six pack! However, because the stigma in our society is against drinking and driving, many people feel that they are fine when on a prescription drug. After all, no one believes that they may be impaired, and no one thinks that they will get pulled over.

Surprising when it happens, that person could easily be pulled over by law enforcement. Once detained, law enforcement officers are trained to detect the side effects of drugs; after all, the side effects of legal drugs are not that far off from illegal ones. At this point, the fact your doctor signed off on it will have no bearing on the rest of the encounter. That person would most likely be arrested for driving under the influence, and processed like any drunk.

This would be quite a shock to the system! The penalties for DUI/DWI not withstanding, no one wants to believe that they were endangering the public safety by driving under the influence. At this point the above described person would be booked into processing just like any other criminal, and would end up with a record. I have written other articles on the penalties for DUI/DWI, but to summarize, they lose time, money, and a little bit of freedom.

But what should you do if you have already been charged with a DUI or DWI because of prescription drugs? The answer is simple and urgent: contact a DUI lawyer. DUI attorneys specialize in defending those accused of DUI's, and may be able to mount a defense based on your exact situation. Most attorneys offer free consultations, so you have nothing to lose... and your freedom to gain.

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DUI Versus DWI - Understanding the Difference

Drinking and driving is a good way to get in serious trouble. The law is set up to nail people who drink and drive to the wall. Two of the common charges are DUI and DWI, but many people do not understand the difference between them. Let's take a look at both.

DUI

DUI stands for driving under the influence. The "influence" is usually assumed to be alcohol, but it can be legal and illegal narcotics. The classic charge, however, is for alcohol and is determined by using the infamous BAC level. BAC refers to blood alcohol level. The standard in every state is now .08 percent of BAC. If you are found to have this or a higher level of blood alcohol in your system, you are considered to be driving under the influence per se. This effectively shifts the burden to you to prove that you were not driving drunk.

DWI

DWI stands for driving while impaired. As with a DUI, the impairing substance is commonly assumed to be alcohol, but it can be other substances as well. The DWI charge, however, is not tied into any measurement of the blood in your body. It is more of a subjective determination made by the arresting officers. The issue is whether you have consumed something that is impairing your ability to drive a vehicle. The exact standard differs from state to state.

Of the two charges, the DWI is by far the easier one to contend. The subjective nature of the charge makes it easier to challenge, particularly if there were independent witnesses to the event. A DUI, in contrast, is more of an objective measurement. If you "blow" a .10, you are going to have a difficult time creating reasonable doubt that the measurement is correct. Making things far worse, the DUI switches the burden of proof to the defendant to prove innocence in many ways since you are assumed to be impaired per se given your BAC. Regardless, a good attorney is needed in each situation.

Even a minor drunk driving arrest is going to cost you thousands of dollars in attorney's fees. It simply isn't worth it. Don't drink and drive. Paying $20 for a cab is much better than paying $7,500 for a good attorney.

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Me Responsible? You Are Kidding!

It's like an argument between a husband and wife. There is a disagreement, points are made, the yelling starts and then, somewhere down the line, one of them or both lose track of what the argument is about. That is the way I see recovery from alcoholism. It doesn't matter who started the argument, the primary concern is to end it.

When someone is in trouble, there is always plenty of blame to go around. There are always the accusatory questions. "Why did you let this go so far..." "If only you didn't..." "Can't you just once control yourself..." Parents blame each other for allowing their son to drink wine on Thanksgiving. One parent blames the other because their daughter is hanging out with the wrong crowd. Usually the accusatory questions are designed to get the accuser off the hook for any responsibility. It's not about the person who is in trouble, it's about them.

Alcoholism isn't just about an individual, it's about the group. Families have to deal with it, co-workers have to deal with it, and communities have to deal with it. By the time everybody has finished finger pointing, nothing has been done to help. The American way seems to be playing the role of the victim. Something isn't right, so somebody else has to be wrong. Families have to go through the tunnel just as the alcoholics do. Once the blame game ends, the healing can begin by family members understanding the family systems component to alcoholism. Instead of blame for others, why not ask simply, "What is my part in this?"

Groups like Al-Anon are vitally important because they work with the family dynamics of alcohol addiction. I bring this up because my family was deeply harmed by alcoholism. My mother suffered with it, although I am sure I would get an argument about this, mainly because one just doesn't admit that their mother was an alcoholic. I was always criticized for being "reactionary." However, families get into "denial mode" and they do nothing more than enable to sick person. Occasionally in our house there was a discussion about my mother's drinking, but never any action to help. We were all responsible for what we did as individuals and as a family. It isn't about blaming somebody for the problem; it's about finding a solution. Al-Anon is designed for that and they do a splendid job in reaching out and helping families.

Family members need to be educated and trained. As a family, we didn't know how to handle my mother's drinking addiction. We were trying hard to be "above it all" and seldom, if ever, was there a meaningful discussion about it. My mother never received any help. People talk about giving "tough love" in these situations. There wasn't any tough love, because we didn't know what to do.

What can you do? If you are in the situation I was in, with a family member in trouble, get smart and get help. Al-Anon is equipped to equip you. They have the knowledge and will help you make the right moves to be of help, rather than be an enabler. You can also find a drug and alcohol treatment center in your area and call them. Think of it this way, the treatment center helps the one you love, Al-Anon helps you.

Don't argue. Don't point the finger at each other. It doesn't help.

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California-DUI-CA-DUI.info | Avoid DUI Conviction | Text: DWI To: 84645 | Best DWI Defense Attorney DWI Lawyer (PRWEB) June 21, 2008 -- The law office of Anna R. Yum is a new Dui/criminal law office recently opened in San Diego. Listed below are some tips on what to DO in case you are pulled over in suspicion of a DUI. You get pulled over for suspicion of DUI. A million thoughts are racing through your mind as you see the red and blue flashing lights in your rearview mirror. You feel yourself start to panic. Your heart is pounding in your chest. You start to sweat. What do you do? Stay calm. You have rights. Remember that knowledge is power. What you do in the next hour of your life can make or break your case. Should you be pulled over while under the influence consider the following DUI do's: 1. Do use your turn signal when the police pull you over. This demonstrates lack of impairment. 2. Do check your personal appearance. Officers are trained to check this so make sure your zipper isn't undone, you shirt is tucked in and buttoned up, and your shoes are tied. 3. Do act politely towards the officer. There's no need to be defensive or act as though you have anything to hide. 4. Do place your driver's license, registration, and insurance in an easily accessible place. Officers are trained to carefully observe how you hand these over. Difficulty handing these over (fumbling) can demonstrate fine motor impairment. 5. Do make sure to not fumble or trip when stepping out of ...



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