You’ve likely heard the term “chain of custody” but may not have thought much about it until prosecutors charged you with a crime. Your attorney or the court may keep advising you that you have to trust that police preserved the evidence that prosecutors plan to present at trial in an unbroken chain and that they used all the correct protocols in doing so. You may wonder what all that means.
Physical evidence is only admissible in court if collected, tagged, labeled, stored or preserved according to court rules and laws. The chain of custody must be unbroken to ensure that evidence collected by investigators and presented at trial is the same.
What are the links in the chain of custody of evidence?
There’s a lot of documenting who had the evidence, exactly what time it was moved from one point to another (for example, from a police officer’s possession in a sealed, labeled bag to an evidence storage facility). Any party who handles evidence must adequately document what they do with it.
It’s typical for anyone who handled physical evidence to testify at trial to establish that they maintained the appropriate chain of command. These witnesses may also face cross-examination if there’s any question about whether someone broke the chain of custody. The mere suggestion that someone broke the chain of custody can be enough to give jurors “reasonable doubt” that a defendant is guilty.
Evidence may be inadmissible if someone breaks the chain
Many rules apply to the chain of custody to ensure that a judge or jury won’t wrongly convict a defendant of a crime. An experienced criminal defense attorney will know how to ensure that anyone involved in their client’s arrest and prosecution acted complied with rules and laws every step of the way.
If someone failed to do, or if there was an issue with laboratory testing done on any evidence, then an attorney may be able to keep that evidence out of court. That could be the end of the prosecution’s case.
You have a major problem with another person — and the conflicts between you eventually escalated. Now you’re facing assault charges (or worse).
That’s already a rough situation, but your troubles can be compounded through something as simple as a Facebook rant, an angry Tweet or a vent on TikTok.
Here’s why you need to get off social media while your case is pending
Everything you say or do online is ultimately discoverable — and the police aren’t shy about accessing social media for evidence. In fact, online searches for information about a defendant are pretty much routine. If you think your privacy settings will protect you, they won’t. There are numerous “back door” ways that the authorities can use to see whatever you’ve posted.
There are all kinds of ways that your posts can hurt you in an assault case. Consider the following:
- You respond in comments on a community page to “tell your side of the story,” but some of your online narrative about the situation doesn’t match what you told the police or say in court.
- You post a frustrated, angry rant about the other party, and some of your words can be construed as an actual threat of violence.
- You use the “check-in” feature on your phone, and the data indicates to the police that you violated a restraining order against you or the terms of the bond that is keeping you out of jail.
- You post photos of yourself doing something that could be used to show your propensity for violence, like holding a gun at target practice.
In some cases, a post may be just enough to give the prosecution more evidence for their case. In others, they could lead to additional charges.
If you’re facing assault charges of any kind, don’t try to handle the situation without experienced legal assistance. An attorney will protect your rights and your future.
The Federal Motor Carrier Safety Administration (FMCSA) prohibits motorists operating a vehicle on behalf of their employers from driving while intoxicated (DWI). The federal government views any commercial driver’s license (CDL) holder’s blood alcohol content (BAC) of .04% or higher as indicative of intoxication. Texas law also recognizes federal BAC limits for CDL drivers.
Your mere arrest on suspicion of DWI charges can impact your lifestyle and career. Even so, there’s a presumption of innocence until you’re proven guilty in a court of law. The penalties you may face if convicted of a DWI while operating a vehicle on your CDL license are even more serious than they are for other drivers, so learning more about your situation is a step toward building your defense.
When do FMCSA rules apply?
Any of the following individuals must abide by FMCSA rules, including abstaining from consuming alcohol for at least hours before getting behind the wheel of their vehicle and maintaining a BAC of less than .04%:
- Motorists working in an official capacity for a local, state or federal government agency
- Private and for-hire motor carriers
- Anyone operating a vehicle registered to a place of worship or community organization
- Commercial carrier lessees, owner-operators or employees
This federal law also requires employers to conduct random drug testing as a condition of their employment and immediately after an accident.
What happens if you’re convicted of a DWI?
Texas Penal Code § 49.04, et seq. spells out how a first-time DWI is a Class B misdemeanor charge. A conviction for this offense carries with it up to $2,000 in fines and up to a 180-day jail term. The court may order up a year suspension of your driver’s license and impose a penalty of up to a $2,000 annual fee.
FMCA regulations also require you to notify your employer of any conviction within 30-days. They also prohibit them from employing you for the duration of your license suspension.
You probably have many questions about how your case will unfold as you await trial in your case. Please review our DWI FAQs page for some answers to common questions defendants ask or talk to an attorney directly about your concerns.
Theft is one of the oldest types of crimes. It’s a criminal offense that has evolved over time and now includes a variety of criminal offenses. This crime can be carried out both in person and through electronic means.
Knowing more about what constitutes theft may aid you in building a defense if you’re facing such charges.
What constitutes theft?
Several offenses fall under the umbrella of theft. These crimes include:
- Shoplifting
- Theft of services
- Theft of mislaid or lost property
- Theft by deception
- Theft by conversion
- Theft by extortion
- Identity theft
An instance in which someone takes possession of merchandise from a retail establishment that they haven’t paid or switches price tags to pay a lower amount than advertised is shoplifting. Theft by deception occurs when one obtains property via the use of fraudulent means.
Theft by deception can take on several forms. An individual might create or confirm a false impression. They may also sell or transfer encumbered property knowing that it has liens, claims or legal impediments against it. Someone may also promise to perform certain services without ever intending to do so.
What to know if you’re facing theft charges
The amount of possible prison time one is facing depends on the dollar amount of the alleged theft and other circumstances surrounding the alleged crime.
A theft conviction can impact your ability to secure a job and in other areas of your life. A criminal defense attorney can help you understand the defense strategies that you can pursue in your case for the best possible outcome.
For anyone who has been arrested and charged for DWI in Texas, there are numerous questions and concerns. Among the most important of these concerns involves driving privileges. For most American adults, our cars are critical to our way of life and our survival, which makes protecting your driver’s license a very important part of the DWI proceedings.
Although most people know that a DWI can involve losing your license, they don’t know the details and nuances critical to protecting that license.
A distinct process
Whenever someone is charged with DWI, the license suspension process begins. This is a separate and distinct process from the criminal case and needs to be given its own attention.
In other words, if you fight and successfully get your DWI charges dropped, it won’t matter. Your driver’s license process is still moving forward, and you still need to fight to keep your driving privileges.
The suspension
With a DWI charge, you will lose your driving privileges from 90 days up to a full year. Aggravating factors like extraordinarily high blood-alcohol content, causing an accident, driving drunk with a child in the car or driving with an open container could increase that license suspension time.
What you need to do
At the time of arrest, the officer should provide you with a temporary license. But at that point of arrest, the administrative process will begin immediately.
It is critical to contact the Texas Department of Public Safety to request a hearing. Failure to get the hearing on the books will result in a suspended license.
Really, you should call a lawyer immediately if you have been arrested for DWI. A skilled criminal defense lawyer can fight for you, help you minimize the criminal penalties and help you retain your driving privileges.
If you have been charged with a drug crime in Texas, you are facing numerous concerns and fears. One of the most significant concerns for most people in this situation involves punishment. What does a conviction look like? Will I go to jail? What are the fines?
The Basics
Texas takes drug crime charges extremely seriously. Whether you are charged with possession of small or large quantities, of extremely dangerous drugs or very simple prescription medications or chemical compounds, you could be facing significant fines and even incarceration. Further, a conviction for a crime like this would stay on your permanent record, hindering your ability to get better employment and housing.
Do not take these charges lightly. An inexperienced lawyer or an overworked public defender might not give you the vigorous defense you need. Do whatever you can to mount a strong defense against drug crime charges.
The penalties
In Texas, drug crimes are divided into four different penalty groups. Penalty group 1 is the most serious, and successively the seriousness goes down to the least serious in penalty group 4.
- Penalty group 1: These are the most serious drug crimes, involving dangerous and addictive drugs like heroin and cocaine. Even a first offense for possessing less than a gram of a penalty group 1 drug could bring up to two years in jail and $10,000 in fines.
- Penalty group 2: Amphetamines, ecstasy and PCP fall into penalty group 2, which, like penalty group 1 drug crimes, is considered a state felony that can result in the same jail time and fines.
- Penalty group 3: Most stimulants fall into penalty group 3. The fines can reach up to $4,000, combined with up a year incarceration for a conviction.
- Penalty group 4: Penalty group 4 involves prescription drugs and controlled substances. A class B misdemeanor, penalty group 4 drug charge convictions result in up to six months of jail time and up to $2,000 in fines.
Clearly, these are all serious charges. You should not take this situation lightly. Do everything you can to avoid a conviction.
An auto insurance company looks at a number of factors when determining your premiums: your age, credit score, the city where you live and your claims history (the frequency and amounts of auto insurance claims you’ve filed). Plus, they take a careful look at the most important variable of all: your driving record.
Drivers without accidents and traffic violations typically get the lowest rates, while people with driving histories marred by a DWI conviction can expect to pay the highest rates.
A first DWI offense can result in harsh penalties that include potential jail time, a driver’s license suspension of up to a year, an assortment of hefty fines and more. When you add to that punishment, the financial pain of significantly higher auto insurance bills, it’s easy to understand the importance of fighting a DWI charge with the help of a skilled legal professional.
Minimizing risk
Insurance companies view drivers convicted of drunk driving as extreme risks to insure. To offset that risk, insurers charge those drivers much more for coverage.
Those drivers with two or more DWIs face even steeper rate hikes – and sometimes struggle to find insurance at any price.
According to bankrate.com, the average rate increases Texans face are lower than the national rate hike averages. Nationally, the average annual insurance premium for people before they have a DWI conviction is $1,674. Afterward, their insurance premium soars 99 percent, up to $3,336. Compare that to Texas, where a pre-DWI driver pays an average of $1,823 per year, which then goes up 55 percent after a DWI to $2,831. (All of those figures are for full-coverage policies.)
Dollar differences
Different insurers assess the risk of drivers with a DWI in different ways. Look at the difference in premiums cited by bankrate.com for minimum coverage for some insurers popular in Texas:
- Allstate: $557 (average before DWI) and $963 (average after DWI)
- California Casualty: $678 (before DWI) and $1,858 (after DWI)
- Geico: $391 (before) and $593 (after)
- MetLife: $662 (before) and $1,550 (after)
- USAA: $395 (before) and $594 (after)
- White Mountains: $424 (before) and $537 (after)
Of course, full coverage costs significantly more, as does coverage for drivers with multiple DWIs in their history.
Establishing the root cause of your DWI
If you have recently been arrested on DWI charges for the first time in your life, you are likely in shock that you have gotten into this position. While you may feel that you can blame the arrest on bad luck, biased law enforcement officials or faulty Breathalyzer tests, it is likely that you had some amount of alcohol in your system at the time of your arrest.
While you can and should be able to successfully defend yourself against a DWI arrest, you may also take the time to look yourself in the mirror and come face to face with some of the bad habits that you have come to acquire. By being honest with yourself and asking what led you to get into a vehicle with alcohol in your system, you’ll have a good chance at being able to improve your life and prevent another arrest in the future. The following is an overview of what you should consider when looking at your drinking habits.
Alcohol tolerance is a warning sign of alcohol dependence
Did you feel sober when getting behind the wheel, even though your blood alcohol concentration (BAC) was measured to be over the limit when you were pulled over? This could be a sign that your drinking habits have led to increased alcohol tolerance, and this is often a warning that you are becoming dependent on alcohol.
The possible causes of alcohol dependence
People start abusing alcohol for many reasons. But most of the time, there is a reason, and it does not occur simply because you enjoy drinking. Consider whether you have been going through a difficult situation in your life, or if you are using alcohol to avoid painful emotions such as depression or anxiety. Going to therapy can help you to address your issues healthily and constructively.
If you are facing DWI charges for the first time in your life, make sure that you take action to defend yourself so that you can move forward positively with this.
What do you know about plea deals?
If you’ve seen a crime drama unfold on television, then you’ve likely heard about plea deals. What you may not know is what motivates prosecutors to make such offers to defendants. You may also wonder why you should consider agreeing to a plea deal instead of going to trial. You’ll want to learn about these before deciding whether accepting a plea deal is best for you in your case.
How common is plea bargaining in the U.S.?
At least 90% of the criminal cases prosecutors file annually in the U.S. end with a defendant accepting a plea deal, so there’s a strong chance that they may offer you one if you’re facing charges yourself.
Why do prosecutors offer plea deals?
Our nation’s legal system and court dockets are notoriously overcrowded. Prosecutors frequently plea bargain to free up the court’s schedule and protect a defendant’s right to a speedy trial.
Prosecutors may also offer plea deals to free up their own time so that they can focus their attention on more complex or high-notoriety cases.
Plea bargaining can serve as a good indicator of how confident prosecutors are in their cases. They may be more willing to plea bargain the less confident they are in the successful outcome of an iffy case.
Why do defendants often agree to plea deals?
Defendants assume a significant risk when they take their cases to trial. Taking a plea deal minimizes their degree of uncertainty and keeps litigation costs to a minimum.
Many defendants also accept plea deals because prosecutors agree to seek lesser charges or in hopes that the judge will reduce their sentence and penalties associated with the alleged offense.
Penalties associated with violating the terms of a plea deal
Plea bargaining is a negotiation. A plea deal is essentially an agreement that involves a defendant making specific admissions or accepting certain terms in exchange for prosecutors making other ones. The prosecution can revoke any plea deal that you sign if you fail to uphold your obligation as the defendant, such as testifying in another case.
Brokering a plea deal in your case
Most defendants who find themselves facing criminal charges want their legal problems to go away as soon as possible, Thus, they may enter into plea deals hoping for a swift resolution in their Dallas cases. A drug charges attorney can facilitate plea negotiations with Texas prosecutors when your prospects aren’t looking good in your legal matter.
Are Breathalyzer tests always accurate?
An estimated 50% of motorists who cause car crashes have a blood alcohol concentration (BAC) of 0.16% or more, a percentage that’s double Texas’ legal limit of 0.08%. Many police officers perform field sobriety testing after pulling over a suspected drunk driver. They tend to have suspects undergo Breathalyzer testing after making an arrest — and prosecutors often base the charges they file against a defendant, in part, on their BAC.
The disturbing part of all this is that Breathalyzer tests aren’t always accurate.
How do Breathalyzers work?
These machines function by picking up on methyl molecules and ethanol that compose 80% of human breath and alcohol. Breathalyzer units often mistake these two compounds for ethyl alcohol. When this happens, it can cause someone to fail their test even though they may not be intoxicated.
The food that a person consumes before submitting to a Breathalyzer test can even change their results. Bread, for example, is one food item that can unexpectedly cause your BAC level to soar temporarily. Some personal hygiene products, such as mouthwash, and over-the-counter medications like cough syrup may have the same effect.
Individuals with certain medical conditions, such as diabetes, may have a high acetone level in their bloodstream and thus fail a Breathalyzer test as a result. Those exposed to particular environments, such as 20 minutes in a spray-painted room, may see an increase in their methyl molecule percentage in their bloodstream and have an abnormally high BAC as a result. Even the ambient temperature can impact the accuracy of Breathalyzer results.
Don’t let an erroneous Breathalyzer test convict you
No one should be wrongly convicted of drunk driving. If you’ve been charged with a DWI, an experienced Dallas defense attorney can advocate for you.
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