Austin, Texas, Criminal Law Specialist
Since 1981, I have devoted my practice exclusively to defending those who have been arrested and accused of criminal offenses. I am board certified in criminal law by the Texas Board of Legal Specialization. I handle all types of state and federal criminal cases, from misdemeanors to serious felonies. Offense categories include federal drug and white collar crimes, driving while intoxicated (DWI / DUI), theft, drugs, unlawful weapons, assault, state jail felonies, hot checks, and driving while license suspended (DWLS).
In association with a driving while intoxicated case, I can request an administrative license revocation hearing and provide representation at the hearing in an effort to prevent the suspension of your driving privileges. If your driver's license is suspended, I can file for an occupational driver's license.
I can help you obtain an expunction of your arrest record and other criminal records following a dismissal of your case or a finding of not guilty. I can help you obtain an order of nondisclosure of criminal records upon your successful completion of a deferred adjudication probation.
I practice in Travis County and Williamson County, representing clients in Austin, Georgetown, Round Rock, Cedar Park, Leander, Pflugerville, and surrounding communities.
- Federal Drug & White Collar Crimes
Federal drug cases generally involve the alleged importation, manufacture, distribution, or possession of significant amounts of unlawful drugs. White collar cases typically involve allegations of high-level fraudulent business conduct. An individual can be charged as an active participant or as a conspirator in the commission of the offense. If a defendant is found guilty, punishment is controlled by the United States Sentencing Guidelines.
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- Driving While Intoxicated (DWI / DUI)
In Texas, a first-time DWI conviction is a class B misdemeanor, punishable by up to six months in jail and a $2000.00 fine. A second DWI conviction is a class A misdemeanor, punishable by up to a year in jail and a $4000.00 fine. A third DWI conviction is a third degree felony, punishable by up to 10 years in prison and a $10,000.00 fine. A misdemeanor DWI defendant is eligible for probation of up to two years, and a felony DWI defendant is eligible for probation of up to 10 years. In addition to criminal punishment, a DWI defendant in Texas may be subject to a driver's license suspension for failing or refusing an alcohol test, or for being convicted of the DWI offense.
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The Texas theft statutes specify several types of theft, each with its own definition and punishment range. "Theft by appropriation" encompasses ordinary theft offenses such as shoplifting, in which personal property is stolen. "Theft of service" involves securing a service with no intent to make payment, or holding a rental item beyond the agreed rental period. "Theft by check" involves purchasing goods or services by passing a check with knowledge that the bank account is closed or has insufficient funds. Since theft is a crime of moral turpitude, it is important to try to avoid a conviction for theft. Travis County has a pre-trial diversion program that may enable a qualified misdemeanor defendant to avoid a conviction.
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Texas drug laws are spelled out in the Texas Controlled Substances Act - Chapter 481 of the Health and Safety Code. Possession of marijuana in an amount of four ounces or less is a misdemeanor, as is the unauthorized possession of many prescription drugs. Possession of any amount of most other controlled substances is a felony. These substances include cocaine, methamphetamine, lysergic acid diethylamide (LSD), psilocybin mushrooms, ecstasy, mescaline, heroin, and hashish. The delivery, or transfer, of controlled substances also is prohibited. Misdemeanor and felony punishments range up and down according to the amount possessed or delivered.
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It is unlawful to possess or carry many types of weapons in Texas. Under the "unlawful carrying of weapons" statute, it is a misdemeanor for someone to carry or possess a handgun, an illegal knife, or a club. An "Illegal knife" includes a single-edged knife with a blade length in excess of 5 ½ inches, a double-edged knife of any length, a sword, and a spear. A "club" is defined as anything made or adapted to strike someone and cause serious injury. Under the "prohibited weapons" statute, a person cannot possess, among other things, an explosive device, a machine gun, a short-barreled firearm, or a switchblade knife. Since 1995, Texas law has allowed an individual to carry a handgun so long as the individual obtains a permit to do so, conceals the gun, and does not carry the gun into schools, churches, hospitals, or other sensitive locations.
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Texas law provides that it is a class C misdemeanor punishable by up to a $500.00 fine to touch someone in an offensive manner. It is a class A misdemeanor to cause bodily injury to someone. "Bodily injury" includes feeling physical pain, so a defendant does not have to actually injure the other person in order to be guilty of a class A assault. If a defendant threatens or causes serious bodily injury or uses a deadly weapon in the commission of the assault, it is considered an aggravated assault, which typically is a second degree felony punishable by up to 20 years in prison and a $10,000.00 fine. An otherwise ordinary class A assault can be enhanced to a third degree felony if the defendant assaults a family or household member and previously has been convicted of an assault against a family or household member.
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This is the least serious felony offense category under Texas law, punishable by up to two years in a community-based state jail facility and a fine of $10,000.00, with a possible probation term of up to five years. It was created by the legislature in 1993, in large part to reduce the criminal consequences of possession of small amounts of controlled substances. This category also covers certain thefts, burglaries, and other non-violent crimes. State jail facilities are spread throughout Texas and are supposed to provide community-based correction and rehabilitation, including a significant counseling component.
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This is common terminology for the offense of theft by check. See the discussion under "Theft."
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- Driving While License Suspended (DWLS)
There are numerous ways an individual can lose a driver's license - too many traffic violations, failure to maintain automobile liability insurance, failing or refusing an alcohol test requested by police, and being convicted of certain criminal offenses, including DWI (under certain circumstances), intoxication assault, intoxication manslaughter, failure to stop and render aid after an accident, and a violation of the Texas drug laws. An individual who drives a motor vehicle during the period of such a license suspension commits the additional misdemeanor offense of driving while license suspended, or DWLS. A first-time DWLS conviction is punishable by up to six months in jail and a $500.00 fine; a subsequent offense is a class A misdemeanor. A conviction for DWLS also can lead to an extended license suspension.
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- Administrative License Revocation Hearing
After lawfully placing someone under arrest for DWI, a Texas law enforcement officer is authorized to request a breath test or blood test to determine the alcohol concentration in the person's body. A failure of the test can result in the suspension of driving privileges from 60 days for a first-offense underage offender to a year for a repeat offender. A refusal of the test can result in a suspension of six months for a first offender or two years for a repeat offender.
The suspension can be contested in an administrative license revocation hearing, held before an administrative judge in the State Office of Administrative Hearings. The hearing must be requested within 15 days of the arrest. At the hearing, the Department of Public Safety must prove by a preponderance of the evidence that the officer had reasonable suspicion to detain the person, as well as probable cause to arrest the person for DWI. The Department also must prove that the person, after being properly warned by the officer, either refused the test or took the test and the test showed that the person had an alcohol concentration of 0.08 or more while driving a motor vehicle. A negative finding on any of these issues prevents DPS from suspending the person's driving privileges.
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- Occupational Driver's License
An individual whose driver's license has been suspended generally is eligible for an occupational, or restricted, license. This requires the filing of a legal action in county or district court and the issuance of a court order authorizing the Department of Public Safety to issue the license. An occupational license may allow the individual to drive not just to maintain employment, but also to attend an educational institution and to perform essential household duties. The court order must specify the purposes for which driving is allowed, as well as permissible driving times and areas of travel.
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- Expunction of Criminal Records after Dismissal or Acquittal
Under certain circumstances, a person in Texas can have criminal records erased, or "expunged." Generally speaking, the person's criminal charges must have been dismissed, or the person must have been found not guilty after a trial. Contrary to popular belief, a successfully served deferred adjudication probation cannot be expunged, except in the case of certain class C misdemeanor offenses. (An order of nondisclosure may be possible, however. See the section below.) Records subject to an expunction order may include those of the arresting agency, the Department of Public Safety, the court of prosecution, and the prosecutor's office. After the expunction order is entered, the person can deny the occurrence of the arrest and offense, as well as the existence of the expunction order.
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Nondisclosure of Criminal Records Following Deferred Adjudication Probation
The Texas Legislature finally has passed a statute allowing someone who successfully completes a term of deferred adjudication probation to obtain an order of nondisclosure of criminal records pertaining to the arrest and offense. There are restrictions on eligibility, focusing on the person’s previous criminal history and conduct between the termination of supervision and the filing of the petition for nondisclosure. For many misdemeanor offenses, an eligible person may file the petition immediately upon discharge from the deferred adjudication supervision. For some misdemeanors, the person may not file the petition until 2 years after the discharge from supervision. For felonies, the person may not file until 5 years after the discharge from supervision. After the order of nondisclosure is entered, the person can deny the occurrence of the arrest and offense.
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IAN INGLIS
Attorney at Law
1012 Rio Grande Street
Austin, Texas 78701
Local Telephone: (512) 472-1950
Toll-free Telephone: 1-800-589-1808
Facsimile: (512) 472-4102
Email:ian@ianinglis.com
