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Austin Criminal Defense Blog

Affidavit of Non-Prosecution – An effective tool for the defense of family violence cases

Affidavit of Non-Prosecution – An effective tool for the defense of family violence cases

Affidavit of Non-Prosecution – An effective tool for the defense of family violence cases

When the dust settles after an arrest for assault family violence, almost invariably loved ones come to me unified looking for a path forward. Having the support of the alleged victim can be a vital asset to the accused’s defense. The most common questions posed to me relate to if and what the alleged victim do to drop the charges. An arrest for family...

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Sleeping it off… Can you get a DWI?

Sleeping it off… Can you get a DWI?

Sleeping it off… Can you get a DWI?

Sleeping it off in the car after a fun night out is a common way to attempt to avoid a  DWI/DUI  arrest in Austin. If you’re not driving the car, the officer surely won’t arrest you…right?   The answer to this question is not so cut and dried. It comes down to how a court eventually interprets what it means to operate a motor vehicle under the Texas DWI statute. The basic...

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Flawed View of Officer Intervention, Our Analysis

Flawed View of Officer Intervention, Our Analysis

Flawed View of Officer Intervention, Our Analysis

Opinion piece written by Rafael Zapata-Yordan Recently, the Chair of the House Committee on Corrections of the Texas House of Representatives, the Honorable James White, requested the Texas Attorney General, Mr. Ken Paxton, to issue an opinion of whether a peace officer in the State of Texas has the duty...

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Cell Phones: Searches, Seizures, and Snapchat

Cell Phones: Searches, Seizures, and Snapchat

Cell Phones: Searches, Seizures, and Snapchat

If you are attached to your cell phone, you are among the majority. And when your life revolves around a device, you most likely want to avoid others looking through it, especially law enforcement. When law and technology intersect, a question is raised: Is your cell safe from a warrantless...

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The Right to a Jury Trial: It’s Your Right and Why That’s Important

The Right to a Jury Trial: It’s Your Right and Why That’s Important

The Right to a Jury Trial: It’s Your Right and Why That’s Important

Your right to a jury trial is so important that it’s guaranteed by the U.S. Constitution. It is established in the Bill of Rights, along with other important rights such as the freedom of religion and speech as well as the right to possess guns (bear arms). Despite the importance...

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Family Violence Judge Recused: How Social Media Can Affect Your Case

Family Violence Judge Recused: How Social Media Can Affect Your Case

Family Violence Judge Recused: How Social Media Can Affect Your Case

The Travis County criminal courts were recently shaken up by the recusal of recently elected Judge Dimple Malhorta, presiding judge of Travis County’s family violence County Court at Law #4. A motion was filed requesting that Judge Dimple be removed from a protective order case because of her bias against...

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I DON’T WANT TO PROSECUTE!

I DON’T WANT TO PROSECUTE!

I DON’T WANT TO PROSECUTE!

Relationships are complicated. In my capacity as a criminal defense attorney, I talk with partners, husbands and wives, and boyfriends and girlfriends about the most embarrassing of situations two people can face. It is not my job to judge…it is my job to assess a situation and help navigate everyone,...

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The State’s Response to Rising COVID-19 Cases in Jails and Prisons

The State’s Response to Rising COVID-19 Cases in Jails and Prisons

The State’s Response to Rising COVID-19 Cases in Jails and Prisons

  We have fielded countless calls from distressed family members seeking release of their loved ones amid the COVID-19 outbreak. While we have worked tirelessly to employ many different methods of securing one’s release from jail as quickly as possible, we know all too well the fear and concerns that...

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Digital Advances in Criminal Defense

Digital Advances in Criminal Defense

Digital Advances in Criminal Defense

[vc_row][vc_column][vc_column_text css=””]Lawyers and the court system are notoriously behind the times when it comes to digital advances. In fact, it was as recently as 2016 that a mandate for e-filing of civil documents went into effect for less populated Texas counties. The COVID pandemic shutdown brought the criminal justice system...

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Jail Release During the Pandemic

Jail Release During the Pandemic

Jail Release During the Pandemic

It’s no secret that COVID-19 continues to spread quickly across America, and we don’t see the end in sight. Because of the uncertainty with the number of cases in Texas, mass testing began in May, including many of the jails in Travis County. If you have a loved one serving...

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Living with the Long-Term Consequences of a Drug Charge in Austin

Living with the Long-Term Consequences of a Drug Charge in Austin

Living with the Long-Term Consequences of a Drug Charge in Austin

Have you been arrested for possession of a controlled substance in Austin? If so, you may be scared and worried about how this arrest will affect your life — and your future. Understandably, there is good reason to worry. Prosecutors in Austin and throughout the state of Texas often prosecute...

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Texas Family Violence Cases Increase During Pandemic

Texas Family Violence Cases Increase During Pandemic

Texas Family Violence Cases Increase During Pandemic

Relationships are not a walk in the park, and they only become harder when a pandemic keeps families inside under one roof. During the stay-at-home orders, while arrests for all offenses have decreased dramatically, Family Violence cases have gone up. Family Violence in Texas Although a typical family unit is...

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