What Happens To My Driver’s License If I Have Been Charged With A DWI In Texas?

Cesar Montalvo Criminal Law

If you are suspected of an alcohol-related offense and refuse to take a breath or blood test, your driver’s license will be suspended if you’re over 21 and don’t ask for an Administrative License Revocation (ALR) Hearing within 15 days from the date of service of your DIC-23. After 40 days, a driver’s license will automatically get suspended on the …

What Is The DWI Law In Texas?

Cesar Montalvo Criminal Law

The statute for intoxication and alcoholic beverage offenses can be found in Chapter 49 of the Texas Penal Code. More specifically: Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (b)  Except as provided by Subsections (c) and (d) and Section 49.09, an offense …

What Information is Required when Consulting a Criminal Lawyer?

Cesar Montalvo Criminal Law

We understand the sensitivity of your legal predicament and will hold your information in the strictest of confidence under attorney–client privilege. In order to provide the quickest resolution, we will need you to share the following details about your case: Personal Information: Name given to officer DOB Address Phone Email Arrest Information: Address of arrest or incident Time of arrest …

When do I Need a Criminal Defense Attorney?

Cesar Montalvo Criminal Law

In the state of Texas, the accused usually realize they need a criminal defense attorney after they have been arrested and placed in the county detention center or jail where it takes 8-12 hours to be processed. Here’s what the process looks like: Bond The magistrate states the allegations in the case and sets a bond amount to ensure that …

DUI and DWI in the State of Texas

Cesar Montalvo Criminal Law

DUI and DWI are usually defined as driving under the influence or driving while impaired by alcohol or other legal or illegal substances. In Texas, our DUI law prohibits those over the age of 21 from driving under the influence of an alcoholic beverage, a drug (including certain prescription medications), and the combination of an alcoholic beverage and any drug …

What Constitutes a Felony?

Cesar Montalvo Criminal Law

A felony is the most serious class of criminal offense. They are generally defined as crimes punishable by imprisonment of more than one year, and the prison sentences are usually served in a federal or state penitentiary rather than a county jail. Some examples of felonies include murder, rape, burglary, kidnapping and arson. Three Strikes Laws People who repeatedly commit …

What is a Misdemeanor?

Cesar Montalvo Criminal Law

A misdemeanor is a criminal offense that is less serious than a felony and more serious than an infraction. You must keep in mind that the verdict of your offense is contingent on the degree of the misdeed. Misdemeanors are generally punishable by a fine and incarceration in a local county jail, unlike infractions which impose no jail time. Many …

Drug Possession is Criminalized Under Both State and Federal Laws

Cesar Montalvo Criminal Law

The charge of drug possession or possession of other illegal controlled substances occurs only when a defendant is knowingly in possession of the substance. This requires two things. First, the defendant must have known that he or she was carrying the drug or substance at issue. Second, the defendant must have known, or reasonably should have known, that the substance …

Theft is Punished on an Escalating Basis

Cesar Montalvo Criminal Law

Theft is the instance where an individual takes money, assets, services, or other property with the intent of permanently depriving the owner of the property. Theft statutes usually refer to the value of the property taken by the defendant, with penalties escalating on this basis. Besides imposing jail, fines, and other punishment, courts in all jurisdictions will require those convicted …

Where do I go to Resolve a Traffic Violation?

Cesar Montalvo Criminal Law

Oftentimes when we are driving and get pulled over for a traffic violation, we fail to think in terms of jurisdiction. Jurisdiction is the authority of a Texas court to summon you for the allegation of an offense. If you ever wonder why you have to go to the court that you are appointed to instead of the one nearest …

Are Assault and Battery the Same Thing?

Cesar Montalvo Criminal Law

While many people lump assault and battery together, they are actually considered two distinct crimes. When appropriate, an offender can be charged with both, though the state of Texas usually prosecutes battery as a more severe form of assault. While assault and battery are prosecuted as criminal offenses in Texas, the state also allows victims to sue their attacker in …

Why Hire a Traffic Ticket Lawyer?

Cesar Montalvo Criminal Law

This area of law generally involves Class C misdemeanors that fall within the Transportation Code. Convictions of these sorts can have adverse and prejudicial effects on your ability to keep your license. We aim to keep our clients driving and to set you up for a better outcome in case you get stopped again. Why Not Just Pay Your Traffic …

What Information Will a Criminal Lawyer Need?

Cesar Montalvo Criminal Law

A criminal lawyer will understand the sensitivity of your legal predicament and will hold your information in the strictest of confidence under attorney–client privilege. In order to provide the quickest resolution, your criminal lawyer will need you to share the following details about your case: Personal Information: Name given to officer DOB Address Phone Email Arrest Information: Address of arrest …

When do I Need a Criminal Defense Attorney?

Cesar Montalvo Criminal Law

In the state of Texas, the accused usually realize they need a criminal defense attorney after they have been arrested and placed in the county detention center or jail where it takes 8‐12 hours to be processed. Here’s what the process looks like: Bond: The magistrate states the allegations in the case and sets a bond amount to ensure that …