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Dwi/Dui

Felonies

Misdemeanors

Juvenile

Family Law

Civil Law


DWI/DUI:
If you have been arrested for Driving While Intoxicated, the first thing you
should keep in mind is that YOU NEED TO TRY TO SAVE YOUR
DRIVER’S LICENSE. The only way to do this is by requesting a hearing
within 15 days of the date you were given notice that your license would
be suspended. Usually you are notified at the time of your arrest. The
Law Office of Lewis White, P.L.L.C. can represent you in these matters.
At the hearing, the government will need to prove the following:

The officer had reasonable suspicion to pull you over or
probable cause to arrest you.

That the officer had probable cause that you were driving or in
control of the vehicle in a public place while intoxicated.

That the driver was placed under arrest and was offered an
opportunity to give a specimen of his breath or blood after being
notified of the consequences of refusing or failing a breath or
blood test.

The driver refused to give a specimen or the driver failed the
breath or blood test.

If the government prevails on a case where the breath or blood test was
refused by the accused, and the accused has not had any prior alcohol
or drug related legal problems for the 10 years preceding the arrest, the
license is suspended for 180 days. If the government prevails in a case
where the accused took a breath or blood test, and the accused has
not had any prior alcohol or drug related legal problems for the 10
years preceding the arrest, the license is suspended for 90 days. If your
license is suspended, you may be eligible for an occupational driver’s
license to allow you to drive to and from work. The Law Office of Lewis
White, P.L.L.C. can represent you in obtaining an occupational driver’s
license.

Felonies:

There are several offenses that are classified as felonies in Texas.

These include but are not limited to DWI 3rd, possession of a
controlled substance, delivery of a controlled substance, assault with
serious bodily injury, aggravated sexual assault, sexual assault,
aggravated assault, unauthorized use of a motor vehicle, burglary,
robbery, aggravated robbery, theft, murder and capital murder. This is
just a partial list of the offenses classified as felonies in Texas.
Range of Punishment:

The range of punishment for a felony offense may depend on several
factors. These factors include but are not limited to whether or not the
Defendant has been incarcerated before; whether he or she has been
convicted of the same offense before; and in drug possession cases
and delivery cases the range of punishment will depend of the drug
involved and the quantity of the drug. There are many other additional
factors that a court can use to enhance (increase) the punishment.
Also, probation or deferred adjudication may be available. If you or a
loved one has been charged with a felony it is important to consult with
an attorney who has experience in handling felony cases.

Capital Murder:

In Texas , the State may elect to seek the death penalty or simply seek
an automatic life sentence. In those cases where the State is seeking
the death penalty, the jury, if the Defendant is found guilty, will have the
choice of assessing the death penalty or an automatic life sentence.
Parole eligibility for capital murder defendants sentenced to life will
differ from those who have been convicted of other crimes.

First Degree:
Confinement in the Texas Department of Corrections for a term of not
less than five (5) years and no more than ninety-nine years or life, and
an optional fine not to exceed ten thousand dollars ($10,000.00).

Second Degree:
Confinement in the Texas Department of Corrections for a term of not
less than two (2) years and no more than twenty (20) years, and an
optional fine not to exceed ten thousand dollars ($10,000.00).

Third Degree:
Confinement in the Texas Department of Corrections for a term of not
less than two (2) years and no more than ten (10) years, and an
optional fine not to exceed ten thousand dollars ($10,000.00).

State Jail:
Confinement in a state jail facility for a term of not less than one
hundred and eighty (180) days and not more than two years, and an
optional fine not to exceed ten thousand dollars ($10,000.00). There
may be other conditions depending on the nature of the offense and the
circumstances

Misdemeanor:

In Texas , there are three classifications of misdemeanors: Class A;
Class B; and Class C. The list of offenses that are classified as
misdemeanors is quite long. Some of the more common
misdemeanors that are prosecuted are DWI (Class B) and DWI 2nd
(Class A), Driving While License Suspended, Unauthorized Carrying of
a Weapon (UCW), Possession of Marijuana, Assault, and Theft. The
class of misdemeanor for each of the above listed offenses will
depend on various factors, such as whether the Defendant has been
convicted of the same offense in the past.

Class C misdemeanors are usually prosecuted in JP Court
or Municipal Court. The more common Class C misdemeanors include
most of your traffic violations such as speeding tickets, and also
include other offenses such as assault.

Range of Punishment:

Class A: Confinement in a county jail up to one year, and a fine not to
exceed four thousand dollars ($4,000.00). The term of confinement can
be probated.

Class B: Confinement in a county jail up to six (6) months, and a fine
not to exceed two thousand dollars ($2,000.00). The term of
confinement can be probated.

Class C: No confinement, and a fine not to exceed five hundred dollars
($500.00).

These ranges are general ranges and may differ slightly depending on
the offense. Keep in mind there may be other consequences such as
suspension or revocation of your driver’s license.

Juvenile:          

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a
juvenile. Delinquent behavior is divided into two categories: status
offenses and delinquency offenses. Status offenses are those acts
which would not be considered offenses if committed by an adult, such
as school truancy, running away from home, alcohol possession or
use, or curfew violations. Juvenile Delinquency offenses involve
destruction or theft of property, commission of violent crimes against
persons, illegal weapon possession, or the possession or sale of
illegal drugs.

Juvenile Court:
Juvenile court is unique and should not be treated as if it were adult
court for young clients.  While the substantive criminal law is the same
in juvenile and adult court, the procedures and sentencing law are
substantially different.  The consequences of a misstep by an attorney
inexperienced in juvenile matters can be devastating. For example,
contrary to what many parents believe, a juvenile conviction is not
removed from a child's record when he or she turns 18.

Despite the rehabilitative focus of juvenile court, juvenile convictions are
counted as criminal history in future cases.  They also remain on state
criminal records databases and may affect a young person's ability to
enter college, obtain employment, financial aid, a driver's license or join
the military.   Additionally, juvenile convictions can result in commitment
to a juvenile detention facility or institution for periods ranging from days
to months and even years. Worse, in some cases, a child may end up
being prosecuted in adult court where the punishment is even more
severe.


Family Law:

Child custody,  Child support, Divorces.
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