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Austin Criminal Defense Law Blog

Potential penalties when charged with boating while intoxicated?

On a hot Texas summer day, people are focused on staying cool and having a good time with their family. That's why so many head to local lakes or rivers to enjoy a day on the water. With leisure time comes the occasional beer, wine or mixed-drink. However, did you know that those operating a boat or other watercraft can be charged with boating while intoxicated?

Boating while intoxicated is a charge some may face when authorities discover that the driver of a boat or similar watercraft is operating motorized watercraft under the influence of alcohol. Same rules apply to boating under the influence as do motor vehicle drivers who are suspected of driving while intoxicated. That is, the same BAC levels apply, in that those operating a boat or similar watercraft cannot be intoxicated above Texas' legal limit. The coast guard or other similar agency can flag a boater down and even administer a sobriety test if he or she has probable cause.

DWI conviction can jeopardize University of Texas education

Travis County residents have a lot of pride in the University of Texas (UT), and rightly so. It is an institution that has been in existence for over 130 years, and has a proud tradition of both academic and athletic excellence. Students at such a prestigious school are indeed lucky to have the opportunity to advance their knowledge and social skills. Of course, college isn't all about studying, however, and with many students being away from home for the first time, some may get themselves into difficult situations.

It is a truism that college life and alcohol go together. Unfortunately, when coupled with young people who may be less adept at impulse control and more susceptible to peer pressure, this often leads to DWI arrests. When a student is arrested for DWI, there are some considerations that should be taken into account. For example, this may well be the young person's first contact with the criminal justice system, and he or she may be scared and not know what to do to protect his or her rights.

Austin fraud accusations could mean a federal investigation

No-one likes to be talked down to. However, when you are faced with charges related to fraud or any other type of white collar crime, it can feel like people are talking down to you. Just because a person doesn't know everything there is to know about the legal system doesn't mean they are guilty of the things they are accused of. A fraud charge can be related to several different instances that a crime may have been committed.

However, it is the state of Texas' job (of the federal district court's job) to prove that a crime has in fact, been committed. Simply being charged with a crime, like fraud, or a related white collar type of crime, does not mean that a crime has in fact been committed. The prosecution may even bank on the fact that the accused may not know much about the legal process or the specifics of the crime they are charged with. This is why it is important to think about how to present your defense against fraud accusations and related charges.

Drug Sentencing Gets Stricter Under Trump

The Trump administration's Attorney General, Jeff Sessions, is directing prosecutors to return to strict sentencing for small crimes. It's a reversal of the previous administration's course--in 2013, Eric Holder reduced the use of mandatory minimums. Now, Sessions is urging prosecutors to charge people with, and obtain convictions for, the most serious crime provable within any specific case.

The War on Drugs

What to expect during a traffic stop by Austin police

Many police officers' daily job activities include traffic stops. There are many reasons that police may decide to signal a vehicle to pull over onto the side of road. Some of the reasons behind traffic stops may be due to citizen safety, like a broken taillight. Another reason why an Austin police officer may initiate a traffic stop is due to suspicion of law-breaking activity on behalf of the driver or passenger.

When an Austin resident sees the flashing red and blue lights in their rear-view mirror, the first reaction may be panic. However, it is important to stay cool, calm and collected when a traffic stop is initiated. Any hyper or aggravated behavior on behalf of a driver or passenger can signal to the police officer that something isn't right and he or she may determine this as probable cause to search the vehicle or the occupants of the vehicle. Oftentimes, police officers will ask a variety of questions to the driver to determine if they are guilty of a crime.

What actions could be considered acts of wire fraud?

"White collar crime" is a term that encompasses financial crimes a person in upper management commits. Wire fraud is an act that often falls under the category of white collar crimes.

Wire fraud is an act of fraud in which a person isn't actually present and thus is happens over phone wires or internet connections in which a person intends to dupe another into giving over personal or financial information in hopes of financial gain. Telemarketing fraud is a common area of wire fraud in which a telemarketing call is a method in which one attempts to grant access to a person's financial information in hopes of exploiting, or by attempting to exploit a person financially.

Increase in hard drug busts near south Texas border

According to the border patrol, there has been an increase in drug busts and apprehensions near Texas' south border and trickling upwards through the state. There was a significant increase in the seizure of heroin and cocaine in the south Texas area within the last year, according to the US Customs and Border Patrol.

Although there appears to be more of these drugs flowing over the south Texas border, the number of apprehensions have declined in recent months. Apprehensions for drug crimes like drug possession and drug trafficking continue to occur. Most of the people accused of drug crimes are drug users themselves. Addiction is a powerful motivator and will compel those who suffer to do things they would not normally.

DWI charge needn't result in the potential consequences

It is more common than one might think. You might be out with your friends, enjoying a drink at the local watering hole. Or how about out to dinner with you wife, enjoying a glass of wine with dinner. Even one or two drinks could put a person in a situation they would rather not be in.

That situation is being accused of DWI. Driving while intoxicated has been a hot topic in recent years as even more information has come to light in how dangerous it really is, and how it puts both driver and other people in danger. Stricter legislation has also been passed in recent years that penalized those convicted of DWI. It is important to understand that being charged with a crime, like DWI, does not automatically make one guilty of that crime.

Five Things You Should Know About "Excited Utterances"

When discussing the types of statements that people make and how they relate to a court of law, we put them into categories in order to define how we must regard them. One of the more unusual types of speech is what is referred to as an excited utterance. In this article, we will discuss five things you should know about this type of communication.

It's a response to a shock

What is possession with intent to distribute?

Once the red and blue flashing lights have subsided and the anxiety associated with a criminal charge dissipates, those charged with a charge often have a lot of questions. First of all, being charged with a crime is not the same as being convicted of one. This fact is always important to remember.

Possession with intent to distribute is different than other drug crimes. The main difference is that possession with intent to distribute involves attempting to sell drugs as opposed to just drug use. Sometimes, this charge is accompanied with a drug use charge as well. One has to be guilty of both the possession and the intent to distribute elements at the same time to be charged with this crime.

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