Defining Assault vs Aggravated Assault in the State of Texas

Defining Assault vs Aggravated Assault in the State of Texas

Do you watch procedural dramas like Law & Order? You've probably heard terms like "assault," "aggravated assault" and "battery" tossed around a lot. And if you're like most people, all three terms sound an awful lot like the same thing to you. But each has a specific meaning under the law. 

What is aggravated assault? How does it differ from simple assault? Is battery a different offense or part of the same charge?

How to Get Criminal Records Expunged (Plus Who's Eligible)

How to Get Criminal Records Expunged (Plus Who's Eligible)

Having an arrest record and conviction can have a negative impact on your future. It can cause you to miss job opportunities or have a loan denied. Fortunately, there is something you can do to help remedy this problem.

Depending on the offense and some eligibility requirements, it is possible to have your record expunged. This is great news as it hits the reset button on your life. You no longer have to admit to anyone that you were ever in trouble with the law.

Be Prepared: 3 DWI Penalties You Could Be Facing

Be Prepared: 3 DWI Penalties You Could Be Facing

Getting pulled over is something every driver dreads. Getting even a minor ticket can be a huge hassle. However, nothing is as bad as DWI penalties.

A DWI penalty or worse multiple offenses, can not only jeopardize your driving priveledges but can leave you with heavy fines, court costs, and possible jail time. This can affect your personal and professional life, which is why you need to know about the possible DWI penalties you could face in Texas. Read More

Common Mistakes Drivers Make During a DWI Arrest

Common Mistakes Drivers Make During a DWI Arrest

Arrested for driving while intoxicated in Texas? Texas has the highest incarceration rate in the US, so a DWI arrest in Texas is nothing to take lightly.  The consequences for a Texas DWI can be devastating, so it's important you know what to do and what not to do.

A Critical Defense: How to Fight False Allegations of Domestic Violence

A Critical Defense: How to Fight False Allegations of Domestic Violence

This type of crime constitutes 15% of all violent crime that happens in the country every year. However, false allegations of domestic violence are unfortunately also common. Approximately 700,000 false allegations lead to charges each year in the U.S., and the court system hands out 1.5 million restraining orders that turn out to be based on false or trivial accusations.

The law surrounding domestic violence ultimately favors the victim. And for actual occurrences, rightly so. But in cases where the alleged victim claims violence or abuse that didn't happen, it's a much stickier situation. 

Implied Consent and Refusing a DWI Test In Texas

Implied Consent and Refusing a DWI Test In Texas

On average, about 28 people die every day from drunk driving related crashes. In fact, about 1 in 3 people are involved in a drunk driving crash during their lifetime. Driving while intoxicated should be avoided at all costs. 

But what if you're driving home from a friend's BBQ after a few beers and are surprised by a sobriety checkpoint? What if you had a glass or two of wine and decide you're fine to drive home after dinner but you get pulled over for a tail light being out?

How Can You Tell If You Need a Drunk Driving Attorney in Conroe, TX?

How Can You Tell If You Need a Drunk Driving Attorney in Conroe, TX?

The minute you are arrested for drunk driving, you need a drunk driving attorney. If you wait until your first court appearance or worse, wait to see what happens next, you may be a day late and a dollar short. Drunk driving (DWI) or driving under the influence (DUI) are serious criminal matters in Texas.  If you hire a drunk driving defense attorney, we can help you put the pieces of your life together again.

What Is Solicitation of a Minor? 3 Steps to Take If You Are Charged in Montgomery County, Texas

What Is Solicitation of a Minor? 3 Steps to Take If You Are Charged in Montgomery County, Texas

What Is Solicitation of a Minor? 3 Steps to Take If You Are Charged in Montgomery County, Texas. Innocence doesn't equal freedom.

Sadly, this was the case for 2 men who lost 26 years of their lives behind bars, because of false charges. In 1992, a jury found VanDyke Perry and Gregory Counts guilty of rape, sodomy, and kidnapping. Almost 3 decades later, the victim’s revised story and new DNA evidence were able to completely clear the men's name.

4 Questions to Ask Your Drug Possession Attorney in Montgomery County, Texas

4 Questions to Ask Your Drug Possession Attorney in Montgomery County, Texas

With more than 1.5 million arrests per year, drug possession is filling up our courts in a serious way. No matter how you feel about the drug laws, it's a serious issue that needs to be dealt with and you can only really understand how bad it is once you're in it. If you're having to deal with a drug possession attorney, it's a sure thing that you're about to get your hands dirty with drug law in Montgomery County.

To know what you're in for under these Texas laws, ask your lawyer these four questions.

Real vs. Fake Victims: The High Price of False Accusations

Real vs. Fake Victims: The High Price of False Accusations

Learn the facts about falsely accusing a person of a crime or reporting a false crime in Texas. Know the facts between real and fake victims of Texas crime. 

Understanding Your Fourth Amendment Rights

Understanding Your Fourth Amendment Rights

The Fourth Amendment to the U.S. Constitution is an important piece of legislation that defines our right to privacy and security. In recent decades, courts around the country have dealt with an increasing number of cases involving the Fourth Amendment and its implications. While it is an important law, many people do not understand what it means or the extent to which it affects our lives. Here is what you need to know to understand the Fourth Amendment.

Reasonable Suspicion vs Probable Cause

Reasonable Suspicion vs Probable Cause

Learn the facts about reasonable suspicion and probable cause, what the differences are, and levels of severity between them in Texas from the Houston attorney, Andrea Kolski.

Texas Spousal Support: What You Should Know

Texas Spousal Support: What You Should Know

Spousal support, also known as spousal maintenance or alimony, is paid by one ex-spouse to the other to help support the recipient. It has nothing to do with child support, and it may be paid regardless of whether there are children and what arrangements are made for them. Spousal support is largely a relic of the era when women did not work and needed money to live on following a divorce, and it is relatively rare today. However, it may be paid by either ex-spouse depending on the divorcing couple’s individual situation.

Implied Consent and Refusing a Breathalyzer in Texas

Implied Consent and Refusing a Breathalyzer in Texas

Learn the facts about refusing a breathalyzer test, what is implied consent, and what penalties can happen if you refuse a blood alcohol test in Texas.

Stop and Frisk: Know Your Rights

Stop and Frisk: Know Your Rights

A controversial but common type of law in the United States, “stop and frisk”, is legal in Texas if and only if law enforcement has reasonable suspicion that a person possesses a dangerous weapon and may be a threat. If reasonable suspicion exists, the officer may temporarily detain the person and conduct a pat down to search for a weapon.

Detention vs. Arrest: How to Tell the Difference

Detention vs. Arrest: How to Tell the Difference

Learn the difference between police detention, police arrest, police warrants, reasonable suspicion, and probable cause with factual information from Attorney, Andrea Kolski.

DWI Probation in Texas: What to Expect

DWI Probation in Texas: What to Expect

Learn what to expect with DWI probation in Texas. Get expert driving under the influence facts including DWI probation violation from The Law Firm of Andrea M. Kolski.

How Probable Cause Is Applied

How Probable Cause Is Applied

Learn the facts about how probable cause is applied through legal standards in Texas. Understand how probable cause is legally used by law enforcement.

Texas Incarceration Rates Among Nation's Highest

Texas Incarceration Rates Among Nation's Highest

Texas is one of the toughest states to battle in court. According to recent data, Texas has the dubious title of 7th highest rate of incarceration per 100,000 people. For anyone arrested and charged in Texas, this is a sobering statistic to keep in mind as you prepare to go to court. It certainly makes you think twice about getting a fair trial. Why does Texas have so many people serving time?

First, Texas has a long history of aggressive law enforcement stemming all the way back to the early days of the famous Texas Rangers.

Compared to other states, Texas still has some of the most stringent drug laws in the country.

Finally, overworked judges, public defenders, and prosecutors have limited time to hear the thousands of cases clogging up the dockets. As a former prosecutor myself, I know firsthand the tremendous pressure to just get the job done. All of this adds up to a scary scenario for anyone facing charges in the Lone Star state.

So, it's no wonder Texas prisons are filled with people who thought they could "beat the system". Is there anything you can do?

Until drastic changes are made to the state's severe drug sentencing laws (not any time soon) and the court system catches up (not likely), the state's incarceration rate isn't likely to change. However, an experienced criminal defense attorney can navigate the system and fight for your rights even in a state as tough as Texas. In the meantime, know the law and don't become another statistic.