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Evidence

Street Patrol: iWatch Dallas and Mobile Crime Tipping

Street Patrol: iWatch Dallas and Mobile Crime Tipping

Community Watch and Mobile Crime Tipping

 

The population of Texas is currently estimated at a little over 28 million. And with roughly 77,800 licensed law enforcement officers in the State, it’s easy to see how many who commit crimes get away because law enforcement didn’t become involved. Mobile crime tipping, however, is changing that.

 

Texans can now report crimes as quickly as they can send a text. No more waiting on the non-emergency lines for hours. No more trips to the sheriff’s office. Today, you can report a crime by sending a quick text to a mobile crime tipping line. iWatch Dallas is one such crime tipping channel that allows citizens to report criminal activity in the Dallas area easily, quickly and anonymously.

 

Eyes on Texas

 

As a community awareness program, it relies on community members to step forward if they have knowledge of crimes or criminal activities. Although a law enforcement detective will review every “tip”, he or she may or may not pursue the lead. Law enforcement triages tips and other reports and responds appropriately.

 

Nevertheless, it’s important to be aware of this outlet and the risk it poses. Mobile crime tipping means eyes in the community can act as eyes of police officers, increasing the reach and scope of law enforcement. Is this bad? Not necessarily. But keep in mind; people falsely identify criminals every day, making this extended reach potentially risky to anyone who’s in the wrong place at the wrong time.

 

An Attorney Can Help Challenge the Credibility of Crime Tips and Testimony

 

If you are facing criminal charges in the Dallas area, contact a Dallas criminal defense attorney immediately. People do make false reports both intentionally and unintentionally. Not every crime tip will lead to the evidence needed to convict you. Therefore, it’s important to discuss your charges with an attorney to ensure your case—and your future—does not depend on spurious or incredible crime tips or witness testimony.

 

Each criminal case is unique. Moreover, not every case is valid, which is why it’s so crucial to work with a criminal defense attorney when facing any criminal charge in Texas. A Dallas-Fort Worth criminal defense attorney can thoroughly evaluate the evidence and advise you on how you can approach your defense and mitigate the consequences of your charges.

 

If you’re facing criminal charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on your rights and help you protect them. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

Drug Possession Penalties: Does the Substance Matter?

Drug Possession Penalties: Does the Substance Matter?

Penalties for a drug possession conviction in Texas are—across the board—more severe than in other states. No matter the substance, you could potentially face steep fines, jail or prison time, a license suspension and even mandatory substance abuse treatment. And the greater the quantity, the greater the penalties.

 

While possession of a controlled substance is a single type of offense in Texas, it does not fall under a single statute under the Texas Health and Safety Code. Rather, the type of substance you were allegedly in possession of will determine—in part—the specific penalties you face. The quantity you possessed is the other primary determining factor.

 

Texas law identifies “penalty groups” of drugs. As the name would suggest, penalty groups influence the penalties for charges involving those drugs. The more serious the drug, the higher the penalties. To illustrate the difference in penalties for possession of a controlled substance, we’ve provided a few examples below.

 

Marijuana

 

You can be charged with a Class B misdemeanor if you possess less than two ounces of marijuana. The penalties include up to 180 days in a county jail, a fine of up to $2,000 or both, a six-month license suspension and probation. These are the minimum penalties for possession of a controlled substance. Possession of marijuana is treated somewhat less severely than possession of other controlled substances. Texans face harsh consequences if convicted, but possession of small amounts of marijuana is sometimes considered a “discretionary” arrest, meaning the officer can choose to cite the offender instead of putting him or her under arrest.

 

Prescription Drugs With Stimulant or Depressant Effects

 

Prescription drugs with the potential for abuse, such as Ritalin and Valium, lie in penalty group three. Possession of fewer than 28 grams of a penalty group three drug is punishable by one year in jail and the potential of a fine up to $4,000.

 

Cocaine

 

Possession of cocaine is a more serious charge, as it lies in penalty group one. Possession of less than one gram can be charged as a state jail felony. You can face up to two years in a state jail and a fine of up to $10,000, but first-time offenders may receive probation in lieu of incarceration.

 

 

Substance and Amount: What Matters

 

Depending on the drug you allegedly had in your possession, you could face misdemeanor or felony charges. But no matter the substance you are accused of being in possession of, you need to work closely with a seasoned Dallas-Fort Worth drug crime defense attorney when facing charges.

 

Due to the potentially severe consequences, it’s vital you involve an attorney early on in your case to ensure your rights are defended and you have the best chance at clearing your name. The laws on drug possession include a very specific definition of “possession” that the attorney for the state may or may not be able to prove in your case. Speak with an attorney before you make any decisions in your case to ensure you have the best defense possible.

 

If you are facing charges for possession of a controlled substance in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on how to defend your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

Pros and Cons of Breath and Blood Tests

Pros and Cons of Breath and Blood Tests

In most cases, law enforcement will ask you to submit to a BAC (blood alcohol concentration) test when arresting you for a DWI in Texas. Typically, the arresting officer must inform you of the consequences if you refuse a breath test, including a mandatory license suspension and the potential of a warrant to take your blood by force. Increasingly, people are refusing the breathalyzer test in favor of the blood test because they’ve heard the breath test is the less reliable of the two. Unfortunately, neither the blood or breath BAC tests are foolproof, but each has its pros and cons. Making the right decision when arrested for a DWI takes understanding both.

 

Breath Tests

 

Breath chemical tests are taken using a breathalyzer device. They analyze samples of “deep lung” or alveolar air from the alleged offender’s breath. The science behind breathalyzers assumes the evaporated alcohol in your breath is a direct reflection of that in your bloodstream, meaning the results are viewed interchangeably. In reality, breath tests are generally less accurate than blood tests because they do not directly measure blood alcohol content. Instead, they measure breath alcohol. They are also not conducted by trained laboratory professionals, as blood tests are.

 

Many factors can produce false positives in breath tests, such as your state of health, what medications you take, what you recently consumed or even what type of diet you are on. The unfortunate truth is if you submit to a breath test, the results might not be reliable. A seasoned Texas DWI attorney can usually challenge breath test results, however, as there are many known weaknesses in breath test science.

 

Blood Tests

 

Blood tests are run using a blood sample from the alleged offender. Blood draws are supposed to be taken by trained personnel in a laboratory environment. They must also be preserved, stored and analyzed according to a certain procedure. These stringent standards reduce the risk of degradation or contamination of the sample. Because BAC can be directly measured using a blood sample, many argue blood tests are more accurate and thus should be chosen over breath tests. It’s true; blood tests eliminate some of the varying factors that can produce false positives in breath tests. It may be more difficult, however, to challenge blood test results if you think they are inaccurate.

 

While neither the breath or the blood BAC test is 100% accurate, the good news is, regardless of which you took, an attorney might be able to help challenge the results. In an ideal situation, it’s best to consult with a Dallas DWI defense attorney before agreeing to submit to a breath or blood test. If you already took one or refused to submit to one, speak with a highly experienced Dallas DWI defense attorney about the consequences. Again, blood draws can be forced in some instances. Also, you face an automatic license suspension if you refuse to submit to a test. Discuss the details of your case with a DWI defense attorney to learn about the consequences you could face and how you can challenge the results of a BAC test.

 

If you need help fighting your DWI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will help you aggressively fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

 

First Steps After Hiring a Criminal Defense Attorney

First Steps After Hiring a Criminal Defense Attorney

You’re facing charges. You’ve hired a criminal defense attorney. And now you’re wondering what to do next. While your attorney might set to work building your defense, your job isn’t over yet. Keep these first steps after hiring a criminal defense attorney in mind if you want to maximize your chances of clearing your name.

 

Learn About Your Case

It’s crucial you familiarize yourself with your case process for your peace of mind and so there are no surprises. Ask your attorney what happens next and what you can expect in the coming weeks. Some criminal cases move slowly while others resolve relatively quickly. It all depends on how your attorney handles your case and the pace of the court.

 

Be Proactive

Depending on your charges, your attorney may ask you to do a few things. For example, if you are facing charges for a drug-related offense, your attorney will ask you to abstain from drugs and perhaps enroll in a substance abuse treatment program. Or, if you are facing family violence (i.e. domestic violence) charges, your attorney may ask you to enroll in an Anger Management Class or Battering Intervention and Prevention program. Be proactive, and stay involved in your case.

 

Prepare for Court

If you need to appear in court, now is the time to make sure you have something respectable to wear. Many defendants overlook the importance of appearance when in court. Men should wear suits, and women should wear business attire. This is especially true for trial. The prospective jurors should look at the defense table and think everyone sitting at it is a lawyer. They will only have this impression if you are dressed professionally.

 

Make Arrangements

Discuss with your attorney what could happen if you are convicted. Whether it’s through a plea bargain or at trial, a conviction means you will be sentenced. Your attorney can advise you on the likely consequences of your charges. For example, if your attorney anticipates you will be given some jail time, now is the time to look into incarceration alternatives. Similarly, if you are looking at a DWI conviction, start learning about what you will need to do to get your license back as soon as possible.

 

Learning about what to expect and preparing for it should be your focus right now. Trust us when we say you won’t want to be surprised with anything the judge says. It’s far better to inform yourself of what could happen in court beforehand. If you are at a point where you haven’t hired a criminal defense attorney or think your current attorney may not be the fighter you need right now, consult with a Dallas-Fort Worth criminal defense attorney with trial experience. It’s important to speak with an attorney who has experience fighting cases all the way because such an attorney will be best able to advise you on all your options and which is the best for you.

 

If you’re facing criminal charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

How Are Jurors Screened and Selected?

How Are Jurors Screened and Selected?

Assembling a Jury

 

Jurors must be selected carefully to be free from bias and prejudice and able to make reasonable and just decisions regarding the fate of defendants. But how does the court select jurors? And what is the process through which they are given a chance to vote on someone’s future? Answering these questions is essential, as the fate of many lies in their hands.

 

Speaking the Truth

 

In Texas, jurors are selected in a process called voir dire, which is French for “to speak the truth.” In voir dire, the prosecuting attorney, defense attorney and judge question potential jurors. This questioning process is essential to maintain a just system. The questions seek to assess the jurors’ ability to make fair decisions based on the facts at hand. Specifically, impartiality is key here. The goal of the attorneys is to get the potential jurors to be open and honest about their feelings, attitudes and beliefs. While this process does take place in a courtroom, jurors are encouraged to speak their minds honestly. By doing so, the attorneys will have a chance to select the right jurors for the particular case.

 

Advantageous Selection

 

In addition to asking a series of questions, each attorney can go over the subject matter of the case, which can help them “weed out” those who might take a biased stance. This is the only chance the potential jurors will have to speak their mind, so your defense attorney must be prepared to take full advantage of it. Likewise, your attorney will need to know how to elicit honest feedback, which takes skillfully timed prompts.

 

Each attorney will have a limited number of chances to make peremptory challenges and challenges for cause. This means your defense attorney can “strike” selections made by the prosecuting attorney and vice versa.

 

If you are facing criminal charges, hiring the right Texas criminal defense attorney from the start is essential. Whether you plan on going to trial or not, find a defense attorney who has vast experience selecting jurors and trying criminal cases. Voir dire is a vital process and one that a criminal defense attorney worth his or her money will know how to navigate and leverage to your advantage and your advantage only.

 

If you want to fight your criminal charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to clear your name and protect your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

Defining Possession in Texas Drug Cases

Defining Possession in Texas Drug Cases

Drug Possession Defined

 

Drug possession is a serious charge in Texas, bringing with it the potential for prison time and enormous fines. Due to the gravity of this type of charge, it’s vital to thoroughly understand every element of the crime as the court interprets it. Only from there can you build a strong defense. Let’s take a look at how Texas law defines possession of a controlled substance.

 

Under Texas statute, a person commits the offense of possession of a controlled substance if he or she:

 

Knowingly or intentionally possesses a controlled substance, unless the person obtained the substance directly from or under a valid prescription or order from a practitioner acting in the course of professional practice.

 

Now that you know the legal definition of possession of a controlled substance let’s review a few examples that illustrate this definition.

 

John obtained a prescription drug from his doctor at his doctor’s office. While the prescription was for a narcotic pain reliever, he cannot be charged with possession of a controlled substance.

 

The police found drugs in Jane’s car, but they were in her friend’s purse, which she left in Jane’s car by accident. Jane’s attorney could argue she did not knowingly or intentionally possess controlled substances.

 

Sam was found in possession of a controlled substance and claimed he had a valid prescription. In reality, his prescription was phony, which his friend who just graduated medical school wrote for him. Sam knew the prescription was fraudulent but filled it anyway. Sam could be charged with possession of a controlled substance.

 

The police found Mary with a controlled substance on her person. She did not have a valid prescription, and she mistakenly admitted it was hers during the arrest. Mary could be found guilty of possession of a controlled substance.

 

A Drug Possession Defense Attorney Can Defend Your Rights

 

Every possession of a controlled substance case is different. The facts and circumstances of your offense can significantly impact the consequences. Call a Dallas-Fort Worth drug crime defense attorney immediately if you are facing drug possession charges. An attorney may be able to fight your charges depending on the specifics of your case. The penalties for possession of a controlled substance are severe and vary greatly depending on the penalty group. Don’t face these charges alone. Find an advocate who knows how to defend this type of case.

 

 

If you are facing charges for possession of a controlled substance in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on how to defend your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

Blood Alcohol Concentration: Why It’s Tested and How It Affects Your Case

Blood Alcohol Concentration: Why It’s Tested and How It Affects Your Case

Measuring Blood Alcohol Concentration

 

Blood alcohol concentration (BAC) is a measurement of the percent of alcohol in your blood by volume. Typically, BAC is assessed using a breath or blood test. In Texas, a BAC of .08% is the threshold of legal intoxication. Thus, if you are caught driving with a BAC of .08% or higher, you can face charges for driving while intoxicated (DWI.) Other methods of assessing intoxication, such as field sobriety tests, are far more subjective. Because blood alcohol theory is backed by science, the criminal court system relies heavily on these tests results when prosecuting DWI cases.

 

Accurate or Approximate?

 

To generalize, BAC test results serve as evidence of intoxication (or lack thereof). Indeed, BAC test results can make some cases appear open and shut. Many drivers who “blow” a .08% or higher on a breathalyzer test convince themselves there is no hope. In reality, BAC test results are not infallible. The method through which the test is administered, the equipment or materials used to collect the sample and the analysis procedure can impact the accuracy and reliability of BAC tests.

 

The BAC Test

 

In most cases, Texas law enforcement will require a DWI suspect to submit to a BAC test either by providing a “deep lung” air sample via a breathalyzer machine or by a blood draw, which is obtained and analyzed in a lab. Refusing to submit to a BAC test has consequences under Texas’ implied consent law. The implied consent law requires all drivers arrested for a DWI to submit to a BAC test, also called a chemical test. If you refuse, you will potentially face an automatic license suspension, separate from any court-imposed license suspension for a conviction. However, if you request a hearing within 15 days of refusing to submit to either a breath or blood test, then your license may not be suspended. Also, law enforcement can obtain a warrant from a magistrate ordering you to provide a blood sample. A refusal to submit to a blood draw in compliance with a warrant permits law enforcement to withdraw your blood using force, if necessary, so it is highly recommended that you submit to a blood draw after law enforcement has obtained a warrant and presented it to you. You can always challenge the probable cause for obtaining the warrant at a later date.

 

No Matter Your BAC, an Experienced Attorney Can Help

 

Refusing to take a BAC test can limit the evidence the prosecution has to use against you in your case. However, your refusal to submit to a test will result in an automatic license suspension. And, it’s crucial to understand that even in absence of a BAC test, you can still be convicted. The prosecution has to prove you were driving while intoxicated, and there are other, albeit less objective, methods to accomplish this. Due to these factors, it’s vital you work closely with a highly experienced Dallas-Fort Worth DWI defense attorney if you are facing DWI charges. Even if you think you are as good as guilty, an attorney can probably point out you have more options and leverage than you think.

 

If you’re facing DWI or DUI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

Car Searches: When They’re Legal and When They’re Not

Car Searches: When They’re Legal and When They’re Not

Search Standards

 

Typically, law enforcement must have a warrant to search your person or property. Cars present a unique exception where police don’t necessarily need a search warrant for numerous reasons. Because vehicles are mobile, law enforcement might not have a reasonable amount of time to obtain a warrant before the “property” (i.e. the car) is gone. Likewise, because traffic stops are conducted on public roadways, the driver should not have an expectation for the kind of privacy of one’s own home. This expectation of privacy is a key legal test used to uphold the Fourth Amendment, which protects us from warrantless search and seizure. For these reasons, law enforcement can potentially conduct legal car searches without a warrant under the following circumstances.

 

Probable Cause and Car Searches

 

Like any situation where police want to conduct a search, whether or not a warrant is needed, the police must have probable cause, which is a reasonable suspicion a crime has been, is being or is about to be committed. For example, if a police officer sees drug paraphernalia in plain sight in the vehicle, he or she could have a reasonable suspicion that criminal activity had, was or was about to take place. In light of reasonable suspicion, law enforcement could potentially conduct a legal search of a vehicle without a warrant.

 

Consent

 

An officer may conduct legal car searches—or search of any property—with the driver’s consent. If a police officer asks you to provide consent, and it’s wise to always say NO and then invoke your right to remain silent. Saying NO does not indicate guilt, and it can protect your rights. A word of caution: do so politely!

 

 

After an Arrest

 

Police may potentially search a car without a warrant incident to an arrest. However, the suspect must be unsecured and have the potential to access what is in the car. An officer may also conduct a search if he or she believes there could be evidence in the car related to the arrest.

 

Presence of Weapons

 

If an officer can view weapons in the car in plain sight, he or she may conduct a legal search if he or she believes the suspect could be dangerous and access the weapons.

 

Taking Inventory

 

After a car is legally impounded, an officer may perform what is called an “inventory search” to inventory the contents of the car, according to standard policy.

 

Protect Your Constitutional Rights; Call an Attorney

 

In the absence of one of these scenarios, a law enforcement officer cannot conduct a legal car search. If police search your car, you should consult with a Dallas-Fort Worth criminal defense attorney about your rights. Explain the circumstances of the search in detail. A seasoned attorney will be able to advise you on whether the search was likely legal or not and what you can do if your car was illegally searched and evidence was seized. Typically, evidence unlawfully seized can potentially be inadmissible at trial.

 

 

If you’re facing criminal charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on your rights and help you protect them. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

What Is a Grand Jury Indictment?

What Is a Grand Jury Indictment?

Filing Felony Charges

 

The process through which criminal charges are filed against a defendant is governed by rules and procedures that ensure efficiency and protect the defendant’s constitutional rights. For felony charges in Texas, this process involves a grand jury indictment.

 

The Grand Jury Indictment Process

 

Unlike misdemeanor charges, which are brought on by an “information” and complaint, felony charges must be brought on by a grand jury indictment, meaning the charge(s) must be brought before a grand jury of 12 jurors, who then submit a vote on the charges.

 

The prosecutor—the attorney for the State—is tasked with persuading the jury that probable cause is established. He or she will typically do this by explaining the law that pertains to the offense to the jurors. The jury can then obtain and review evidence and even question witnesses if it feels it is necessary to come to a vote. The prosecutor must persuade nine out of the 12 jurors. If at least nine vote for the indictment, the prosecutor can continue with filing the charges, which is called a “true bill.” Unless nine jurors are persuaded, the prosecutor cannot go through with the charges, which is called a “no bill.” The indictment itself is a statement written by the jury that accuses the alleged offender of the crime.

 

Indictment Proceedings

 

The grand jury is just one step in the criminal prosecution process. These proceedings are a little less formal than criminal trial proceedings in that they are closed to the public, confidential and exclude the defendant. But, similar to a jury trial, the proceedings and testimony are recorded for the court’s record, and the prosecutor may use information gained in the proceedings for any future criminal trial for the offense in question. The prosecutor must abide by numerous rules and procedures during the grand jury proceedings. But he or she can also disagree with the jury’s decision or its interpretation of the facts and potentially attempt the grand jury indictment process again.

 

Facing Felony Charges? Involve an Attorney Before It’s Too Late

 

A grand jury indictment sounds serious, and it is. Texas felony charges of any nature or degree are severe and can have significant repercussions for the defendant. To ensure a fair and just system, jurors are called upon to review the same evidence the prosecutor has and weigh in on the matter. But a grand jury indictment is not the same as a jury trial. The defendant does not have a right to participate or be involved in the jury proceedings. The good news is an experienced Texas criminal defense attorney can step in and potentially influence the case before charges are even filed.

 

If you need help fighting your felony charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to fight your charges. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

Was There Reasonable Suspicion for Your DWI Stop?

Was There Reasonable Suspicion for Your DWI Stop?

Cause and Effect

 

The Fourth Amendment of the US Constitution protects you from unreasonable search and seizure. Essentially, this protection requires law enforcement to have “probable cause“ or reasonable suspicion to search your person or property or seize anything in your possession. Even in the realm of traffic stops, law enforcement must have reasonable suspicion to pull you over. But what is reasonable suspicion? And what is reasonable suspicion for a DWI stop? Answering these simple questions can help you protect your rights.

 

A Reasonable Suspicion

 

Reasonable suspicion is a specific articulable basis for believing that a crime may have been, was being committed, or will be committed soon. A law enforcement officer must have reasonable suspicion to pull you over, but it could be any violation. For example, an officer could pull you over for failing to signal at a turn, but that stop could easily turn into a DWI arrest. In fact, police sometimes make “pretext” stops where they pull you over for a traffic violation but intend to look for evidence of intoxication. As long as the officer witnesses an infraction, no matter how minor, he or she has enough reasonable suspicion to stop you. An officer can also stop you for swerving between lanes, driving too fast or too slow, stopping before stop lights or making wide turns, all possible signs of DWI.

 

Because reasonable suspicion is an essential element in DWI cases, you should get a copy of the police report as soon as you can. The cause for the stop should be noted in the report. Go over the police report with an attorney to ensure the officer lawfully pulled you over.

 

Defending Your Rights

 

Unfortunately, police have been known to prey on drivers by following cars that leave bars. They are looking for a reason, any reason, to stop you, but their true intention may be to arrest you for a DWI. With this in mind, it’s vital you carefully examine every fact in your case to ensure your rights weren’t violated. Have a Texas DWI defense attorney review the police report to help you determine whether the arresting officer violated your rights and what you can do about it.

 

 

If you’re facing DWI charges in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.