The Medlin Law Firm - Gary Medlin

Circumstances Leading To Protective Orders After An Assault It can be requested. It is sometimes done automatically, especially in family member cases. The court will often enter a protective order. Often as a condition of bond, the court will order that the person not have any contact with the alleged injured party or complaining witness or at the very least order that they not have any harmful or injurious contact with the injured party or complaining witness.

Anger Management Programs For Assault Defendants Yes, it is often the case. Clients may be advised by their attorney to seek counseling or anger management before they are ordered to do so by the court in an attempt to help their case. In fact, that is often a good strategy to consider helping with the case. First, if the person is in need of it, then just on a personal level, it may be helpful for them to get started on some type of counseling. Secondly, from a defense strategy, it can be very helpful to get enrolled in some [...]

What Are The Long-Term Consequences Of An Assault Conviction In Texas? Even in a misdemeanor Class A assault on a family member, if they are convicted or even placed on deferred adjudication, then that affects their right to own or possess a firearm because it is a federal offense to then own or possess a firearm. If they are convicted of even Class A assault, then that is going to prevent them from being able to get a handgun license in the future even if it is not on a family member. If they are convicted of any felony level [...]

Expungement Of Assault Charges In Texas The only way you can get an assault charge expunged is if you have been found not guilty or the case has been dismissed. If you are found not guilty, then you can immediately get the record of arrest and the records of the charge expunged from your criminal record. That means that the records will be destroyed, deleted and erased and it would not show up on a background check and you could legally say that it never happened. If you get deferred adjudication for assault, not on a family member, that can [...]

What Is Assault? In Texas, assault is any intentional act that makes others think you are about to cause harm. It doesn't matter if you actually cause physical harm. Simply threatening harm or acting in a way that makes others think they are at risk is enough to trigger assault charges. For example, throwing a punch but missing or pretending to throw a punch and causing others to think that you're trying to hurt them can both lead to assault charges. Texas law says that intentionally or knowingly causing physical contact with someone that others would reasonably know will be [...]

Challenges In The Accuracy Of Blood Tests For Drug DWI Cases Blood tests for drugs, or controlled substances, like blood tests for alcohol, are subject to mistakes, and misinterpretation of the chromatograph used to define the levels of the substance they are looking for, that may cause the intoxication. Sometimes, the vials are mixed up. Blood tests are conducted in mass quantity with possibly fifty different vials going at once, because they are run at the same time. A simple mistake in the loading or in the labeling can cause an invalid test for somebody else. The blood tests are [...]

Legal Implications Of Admitting Drug Use During A DWI Stop The most important thing is to not answer any questions. So yes, it is important for the person not to admit use of any drugs, controlled substance, medicine, prescribed, or otherwise, as that will be evidence used against them to prolong the detention, and possibly start an investigation that may lead to an arrest. Nevertheless, if they refuse to answer questions, and they do not volunteer that they have taken any medications, drugs, or anything else, then that cannot be used against them. That will not give the police any [...]

Challenges In Defending Drug-Related DWI Cases In some ways, DWI drug cases are easier to defend, but in some ways, they are harder. In all ways, it is complicated. Attorneys need to have experience defending DWI drug cases, so they are able to give a client the best chance of having a fair trial, and not falsely convicted of these offenses. There is a requirement the attorney must have experience, and familiarity with these drugs, and with different metabolites resulting from that particular drug. The attorney needs to have experience in cross-examining drug recognition experts, officers, and forensic toxicologists who [...]

Possible Extra Charges In Drug-Related DWI Cases Quite often, when people are investigated for DWI, they will be charged with other offenses, such as possession of a controlled substance. Sometimes, it is prescription drugs, such as Xanax, or Adderall, these are commonly used prescribed drugs. People may have those in their pocket, but not in a prescription bottle. They will be arrested, and prosecuted for possession of a controlled substance as well. In DWIs caused by drugs, once the person is arrested, the car is going to be searched, and the officers may find controlled substances, or drugs, and be [...]

Legal Consequences Of Drug-Related DWI Offenses In Texas As far as the DWI itself, penalties are the same as for DWI with alcohol. The first time offense is a class B misdemeanor, with a punishment of three days to one-hundred and eighty days in jail, and up to a $2,000 fine. Just as in other DWI cases with alcohol, if a person has a prior DWI, then a second time DWI can be a class A misdemeanor, up to a year in jail, and up to a $4,000 fine. The third time DWI can be a felony. Just like in [...]