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Amber R. Spurlock
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Blog - Page 21
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Penalty for Texas DWI With BAC of 0.15
DWI
It is common knowledge that the legal blood-alcohol concentration (BAC) limit for drunk driving in Texas is 0.08 percent. BAC varies depending...
When Does Fraud Become Organized Crime?
White Collar Crimes
One of the most common types of white collar crime in Texas is identity fraud. Under Section 32.51 of the Texas Penal...
What Happens With Drugs Near a School?
Drug Crimes
Drug crimes are often not just about the offense, but also where the offenses took place. The Texas legislature has declared a...
Taking Burglary Seriously in Texas
Criminal Defense
Although burglary is often portrayed in a somewhat comical light–think of the masked man wearing stripes and carrying a sack with a...
How Reduced Charges Affect Expungement
Criminal Defense
Expunction (or expungement) is a process that allows you to seek removal of records related to an arrest or criminal charge that...
Is a Stepchild’s Property Marital Property?
Family Law
A common problem that arises in Texas divorce cases is how to properly classify certain property. Texas is a “community property” state,...
How Adultery Affects Texas Property Division
Family Law
Historically, adultery was one of the few legal grounds for divorce in Texas. But with the advent of “no-fault” divorce, it is...
Your Rights Before a Texas Grand Jury
Criminal Defense
You have probably heard of a “grand jury” without understanding its exact function. Unlike a trial (or “petit”) jury, a grand jury...
Texas Criminal Appeals Process
Criminal Defense
If you have been convicted of a felony or misdemeanor in Texas, your case does not necessarily end with the jury's verdict....
Court-Ordered vs. Contractual Alimony
Family Law
Spousal support in Texas may be ordered by the court as part of a divorce proceeding or contractually agreed upon between the...
Value of Board Certified Legal Counsel
Criminal Defense
Considering that a defendant facing severe penalties on the basis of an allegation has enough to contend with, fostering concerns related to...
When Is a Prenup Really Post-Marital?
Family Law
Texas courts recognize both premarital and post-marital (or marital) property agreements. A post-marital agreement may provide for the “partition or exchange of...
How Is Shoplifting Prosecuted in Texas?
Criminal Defense
Theft and shoplifting are among the most common types of misdemeanor crimes prosecuted in Texas. The severity of a theft charge is...
Does Immigration Status Affect Child Custody?
Family Law
It is widely believed that more than 1 million undocumented immigrants currently live in Texas. A person's immigration status can affect all...
How Serious Injury Affects Aggravated Assault
Violent Crimes
One thing that elevates simple assault to aggravated assault in Texas is when the accused “commits serious bodily injury” to another person....
Can Past Family Violence Justify a Protective Order?
Violent Crimes
A protective order is designed to protect Houston-area residents from the threat of family violence, which under Texas law includes any act...
Texas Minor in Possession Cases
Criminal Defense
The State of Texas takes underage drinking very seriously. Ask anyone under age 21 who has been caught purchasing, attempting to purchase,...
Not in My Courtroom
Criminal Defense
If you're arrested in Texas for drunk driving, you don't want your case heard in Judge Kathleen Hamilton's courtroom. She's a judge...
When Is a DWI Breath Test Coercive?
DWI
Texas is an “implied consent” when it comes to DWI. This means that if you refuse a breath-alcohol test when a police...
What Happens After a Guilty Plea to Drug Charges?
Drug Crimes
Drug charges often carry significant penalties in Texas. For example, possession of more than 400 grams of methamphetamine is a first-degree felony...
How Houston Courts Set Visitation Schedules
Criminal Defense
Child custody and visitation rights are often one of the more contentious issues addressed in a Texas divorce proceeding. Ideally, the parents...
How Serious Is Aggravated Assault in Texas?
Violent Crimes
In Texas, aggravated assault refers to “intentionally, knowingly, or recklessly” causing “serious bodily injury” to another person. Aggravated assault is normally prosecuted...
Is It Theft If You Thought You Had Consent?
Criminal Defense
Theft is defined under Texas law as the crime of unlawfully appropriating property “with intent to deprive the owner” of said property....
Is Failing to Pay a Subcontractor a Felony?
Criminal Defense
The phrase “white collar crime” usually conjures up an image of some type of massive fraud like a Ponzi scheme. But even...
Teacher-Student Sex: Is It a Crime in Texas?
Sex Crimes
When in comes to sex crimes in Texas, the nature of the relationship between the defendant and the victim matters. For example,...
Will Texas Excuse Underage Drinking Victims?
DWI
There is no disputing that underage drinking, especially on college campuses, is a major problem in Texas. Underage drinking is often linked...
Texas Domestic Violence Criminal Penalties
Violent Crimes
Domestic violence–or what is called “family violence” in the Texas Penal Code–refers to “an act by a member of a family or...
Weak DWI Defense Leads to Life Sentence
DWI
A gentleman was arrested for DWI in Weatherford, TX and sentenced to life in prison after pleading guilty to the charge. To...
New BAC Technology in Cars
DWI
Because statistics reported on by CBS News suggest that the incidence rate of driving while intoxicated is increasing, Texas state officials as...
Trump and Marijuana Laws in Harris County
Drug Crimes
President Donald J. Trump stunned many political observers and pundits by winning the presidential election in 2016. He has promised that his...
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