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  • Neal Davis's picture

    Houston Man Convicted of 10th DWI, Sentenced To Life In Prison—Twice

    A Houston man, who has had numerous run-ins with the law involving drinking and driving, has recently been convicted of his 10th charge for driving while intoxicated. A jury in Montgomery County convicted Bobby Gene Martin of two third-degree felony charges involving driving drunk and threatening to kill deputies. The conviction is Martin’s 10th DWI conviction.

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  • Domestic violence is a common occurrence not only in Texas, but throughout the United States. About 1 in 4 women will be victimized by an intimate partner in her lifetime. Texas does not have one set of laws that solely govern issues involving domestic violence. Instead, Texas’s domestic violence laws are spread through disparate statutes and codes, including the Family Code, Penal Code, and Code of Criminal Procedure.

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    Oops I Did it Again: How to Handle a Second or Third DWI

    Enjoying a few drinks while socializing is a popular way to spend a Friday or Saturday night for many people. Frequenting a bar during happy hour with some friends after work is also quite common. A-list celebrities may be able to afford a driver to chauffeur them around to these types of events, but the majority of us instead get from point A to point B by driving.

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    Infamous Ponzi Schemes & Security Fraud

    In recent years, the media has portrayed “Ponzi schemes” as the work of entrepreneurs who steal millions of dollars from unsuspecting hard working victims. Typically, the story plays out like this: the capitalist known as a promoter offers to invest a fixed amount of a victim’s money and promises a high return in profit within a short period of time. As more investors emerge, the promoter of the scheme gets current investors to put in additional money.

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  • Should drivers convicted of a DWI, DUI, or other alcohol or impairment offense be required by law to have specially marked licenses plates? License plates are everywhere, making them commonplace and nearly invisible. Conversely, license plates can be fun, and can actually bring a certain level of enjoyment to a person’s life. For example, there are those who collect license plates, even spending as much as $60,000 for a rare plate.

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    Criminal Trial Procedures in Texas

    Judge or Jury Trial:

    In Texas, 12 jurors decide felonies, and six jurors decide misdemeanors.  Their verdict must be unanimous for guilty or not guilty.  Otherwise, a mistrial is declared.

    Selection of the jury:

    In jury selection, the defense and prosecution question a panel of prospective jurors to learn about them.

    Evidence issues—“in limine”:

    In advance of the trial, the defense and prosecution request the court to acknowledge or prohibit certain evidence which is known as motions "in limine."

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    Protective orders in assault cases

    In assault cases involving family violence, the courts will typically issue a protective order.  This order is called a MOEP.  Once a MOEP is entered, a defendant’s bond drops in Harris County, Texas, from $50,000 to $2,500 or $5,000, assuming no prior criminal history.

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    “But I never intended to assault my girlfriend…”

    In family violence cases, the defendant typically denies he had any contact with the complainant, he raises self-defense, or he claims he did not knowingly or intentionally harm the complainant.

    This latter case would, for example, include a defendant who throws the keys or a glass in the direction of the complainant, which happens to hit the complainant even though the defendant just meant to scare her.

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    Increase in family violence cases

    Houston criminal lawyers have seen an increase in family violence cases.  Most often, these are charged as a Class A misdemeanor.  The punishment range is up to a year in jail.

    These are serious cases and will not be dismissed just because the complainant does not want the case to go forward. In fact, in most Harris County cases, the complainant wants the assault case dismissed.  Prosecutors give very little weight in these cases to the complainants’ desire for a dismissal.

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    Bond in Harris County, Texas

    When a person is arrested in Texas, they are entitled to a bond except under limited circumstances.

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