Texas arrest warrants and the laws governing arrest warrants can be confusing for those unfamiliar with the process. How do you find out if you have a warrant? In this article, we will discuss what an arrest warrant is, what it means and how you can prepare before having your life turned upside down.

Regardless of innocence or guilt, being arrested is an incredibly stressful ordeal. Even more so if you’re unexpectedly caught by surprise at work, at home, or anywhere in public. Arrest warrants can be issued without your knowledge on a wide range of legal charges ranging from criminal offenses to missed court dates.

A recent study reveals that 20 percent of individuals arrested in the U.S. did not know they had an arrest warrant issued for them. Whether you’re aware or not, if there’s a warrant out for your arrest, you could be taken into custody anywhere on the streets, at a routine traffic stop, or your home.

The best way to avoid the stress and embarrassment of an unexpected arrest is to find out if there is a warrant out for your arrest. This can help you take steps to deal with the situation and reduce your anxiety. So, how do you go about it? There are several ways to conduct an arrest warrant search.

Below is an insight into what you need to know to complete an arrest warrant search.

WHAT’S AN ARREST WARRANT?

An arrest warrant is an official document issued by a judge to police officers authorizing them to arrest the person named in the warrant.

Usually an official warrant includes a description of the alleged crime committed and the details of the individual to be arrested. Some warrants may specify instructions on how the arrest should be carried out as well as the bail the defendant should post to regain freedom.

HOW DOES A POLICE OFFICER GET AN ARREST WARRANT?

Typically, a police officer should have a warrant before making an arrest. To obtain the warrant, they are required to submit a written affidavit to the magistrate. It is given under oath and should contain sufficient and factual information showing that the named person committed the crime.

What’s an affidavit? An affidavit is a written statement stating facts that the person making the accusations swears to be true. It should also include a signature acknowledging that the “affiant” (person making the accusations) is open to prosecution in case any assertions aren’t true. This is important in cases where someone has been falsely accused of a crime.

Note that judges use certain standards when deciding to issue warrants. Sometimes, a judge can decline to issue a warrant on occasions where the affidavit does not provide enough information to match the description. Additionally, a judge can decline issuing a warrant if there are no witnesses.

FIND OUT IF YOU HAVE AN OUTSTANDING WARRANT ONLINE

• Look up the Local Records Online

An online search is perhaps the easiest and most efficient way to find out if there is a warrant out for your arrest. You can look up the local records on your sheriff department’s website. The majority of counties in the U.S. have their sites updated regularly, which makes it easier to get accurate information.

Unfortunately, smaller counties with understaffed sheriff’s offices might not have a website and, if they do, their information might not be as up to date as other counties. Sometimes, lesser crimes such as domestic violence might not be included in the records.

• Have An Attorney Search For You

Experienced defense attorneys will have the resources to quickly find search warrant information. They will have access to their county’s database and other databases that might not be available to the public. If you already have an attorney, ask them to inquire if there is a warrant for your arrest or access your county’s database.

If you don’t have an attorney and you suspect you may have a warrant, it’s a wise decision to hire a lawyer before it’s too late.. Time can play a critical role in building your defense and waiting to hire a lawyer could risk losing valuable information, witnesses, or other important elements to your case. Be sure to look for a an experienced and top rated law firm in your area to discuss your situation. Reputable criminal defense lawyers often offer a free first consultation to discuss your case. This is a smart move to insure your rights are protected.

Besides checking for arrest warrants on local websites, you can look up public records on government sites such as Governmentregistry.org. or https://texaswarrantroundup.org/. These websites link various databases from almost every county in the state.

Note, the majority of these sites are privately owned and do not offer their services for free. Be prepared to pay a fee to search these sites.

• Contact the Police Station of Federal Court in Your Area

As a last resort, you contact the local magistrate or the police directly. However, you run the risk of being questioned. The phone number for Montgomery County Texas Arrest Warrants is 1-800-392-7867 (STOP) If you’re concerned about the circumstances, it’s best to have a lawyer do this for you. You run the risk of incriminating yourself, alerting the police to your whereabouts, or making your situation worse.

If you do contact them directly, you may be asked to provide your date of birth and your full name. The police or magistrate will scan their databases and provide you, or your representative, with the required information.

WHAT SHOULD YOU DO IF YOU FIND OUT THERE IS A WARRANT FOR YOUR ARREST?

Finding out you have an arrest warrant can be understandably stressful. First, don’t panic. It’s important to remain calm and keep your emotions under control. Some people make the mistake of trying to flee if they find out the authorities are after them. However, running is not the best option. Calmness will always rule the day. If you run or hide, it will not only prevent you from living without restrictions but also provide proof that you are guilty of something.

Having an experienced defense attorney can be the best thing when discovering you have a warrant for your arrest. They can review the situation with you and discuss your options. They can also manage the process with the authorities to avoid making matters worse. An experienced attorney can help you remain calm and begin working to help you navigate your situation

In rare cases, it’s even possible that the arrest warrant was meant for someone else with the same name. Either way, it’s important to remain calm and get your attorney involved.

IS AN ARREST WARRANT SEARCH NECESSARY?

If you think you may have some legal entanglements, doing a search for an arrest warrant is definitely a good idea. You will want to avoid being caught off guard. Whether you feel you’re innocent or not, an arrest warrant search will help you plan ahead and begin taking necessary steps. It will also allow your attorney to guide you on the process and potentially plan for a possible arrest and arrange bail money or other logistics if needed. An experienced criminal defense attorney can relieve the stress and anxiety of a potential arrest.

Do you suspect there is a warrant out for your arrest? Don’t panic.. Top rated Montgomery Criminal Defense Attorney Andrea M. Kolski has successfully defended hundreds of clients with arrest warrants and other legal issues. Her track record of dismissals and victories is second to none. Contact us for a confidential call with a top criminal defense attorney who can put you at ease and start taking steps to protect your rights. Your freedom and your future are our top priorities.

**NOTE: This website is for informational purposes only. Any information on this site should not be taken as legal advice or create an attorney-client relationship. Every legal situation is unique and we strongly advise anyone in need of legal help to discuss your situation with a licensed attorney.

Texas already has some of the highest rates of incarceration and convictions in the US and these new laws will surely grow the numbers of arrests and expand the Texas prison population. Meanwhile, the funding for police and other law enforcement agencies grows exponentially. The escalation of the “drug war” continues to exact a high cost for taxpayers and communities throughout Texas.

Many of these laws went into effect on September 1, 2023 and will have far reaching impact on anyone facing charges related to these crimes. Here’s a brief overview of the new Texas criminal laws.

Fentanyl

In 2023, Texas enacting some of the harshest penalties in the nation in an effort to combat fentanyl distribution, manufacturing, and possession.

• HB 6 increases the penalties for those who manufacture or sell fentanyl to a person resulting in their death. The bill classifies fentanyl overdoses as “poisonings,” allowing murder charges for those accused of providing the fatal dose. Read more here. The bill was signed by Abbott and takes effect on Sept. 1, 2023.
• HB 3144 designates October as Fentanyl Poisoning Awareness Month in an effort to increase awareness of the dangers of fentanyl and potential overdoses. The bill was signed by Abbott and takes effect on Sept. 1, 2023.

Aggravated Assault Penalties Elevated

• HB 28 raises the criminal penalty for aggravated assaults from a second-degree felony to a first-degree felony if the assailant uses a deadly weapon during an assault that causes a traumatic brain or spinal injury that results in a vegetative state or paralysis. The change in law applies only to an offense committed on or after Sept. 1. The bill was signed by Abbott and takes effect on Sept. 1, 2023.

Intoxication Manslaughter

• HB 393 orders a defendant convicted of intoxication manslaughter to pay restitution to a child whose parent or guardian was killed in the crash. They will have to pay monthly support until the child reaches 18 years old or until they have graduated from high school, whichever is later. The bill was signed by Abbott and takes effect on Sept. 1, 2023.

Boating While Intoxicated

• HB 1163 creates a separate criminal offense for boating while intoxicated with a child passenger. In this bill’s context, a child passenger is someone who is younger than 15. Several amendments that come with the bill can be viewed in the bill’s analysis. The bill was signed by Abbott and takes effect on Sept. 1, 2023.

Street Racing

• HB 1442 builds off the foundation laid by SB 1495 from the last session and gives law enforcement officials and prosecutors additional means to combat street racing and street takeovers in Texas. The bill was signed by Abbott and takes effect on Sept. 1. 2023.

Tampering With Monitoring Device

• SB 1004 makes tampering with an electronic monitoring device a criminal offense. The bill’s text clarifies that an offense of this nature would be a third-degree felony. The law does not apply to a monitoring device that is removed by a health care provider. The bill was signed by Abbott and takes effect on Sept. 1, 2023.

That means there is also a huge amount of demand for the help of skilled lawyers. However, some people do not understand why it is supposed to be so vital to find a drug possession attorney after facing drug possession charges.

The truth is that working with the right attorney can provide a long list of benefits that can make it more than worth your while. If your legal situation seems bad now, you may find that a great attorney can help things resolve much better than you imagine.

Read on to learn all about the top ways a qualified drug possession attorney can help you!

Understand Your Drug Charges Prospects

Most people don’t have much experience dealing with drug charges. In contrast, drug possession lawyers get to see how a wide variety of drug possession cases are resolved in the end. That gives them the perspective necessary to assess your legal situation after being charged with drug possession.

You might think that you already know how your case is likely to end. However, you might be surprised by how much you can learn from the expertise of an experienced drug possession lawyer.

On the one hand, you might discover that things are worse than you realize. Although this can be unhappy news, it is also vital to hear it in such cases. The more realistic you are about your prospects, the better you can prepare your strategy to help things go as well as possible.

On the other hand, you might find out that your legal situation is much better than it seems at first. Until you speak with a drug possession attorney, you really won’t know what you are dealing with.

When you are preparing for a drug possession trial, ignorance can be dangerous. Knowledge is power, and the insight of a skilled drug possession lawyer can go a long way toward helping you make the wisest decisions possible given your difficult circumstances.

Avoid Mistakes After Drug Possession Charges

One reason it is so important to have the experience of a lawyer on your side is so that you can avoid mistakes that can affect your life for years to come. In the middle of drug possession charges, it can be easy to say or do something that can make it much harder for you to avoid being found guilty later on.

The sooner you speak with a lawyer, the sooner you can learn about all of the different ways that their past clients have made things worse for themselves by accident. That understanding can help you avoid similar mistakes and start investing in the best case outcome possible in your situation.

One of the reasons it is so difficult to avoid mistakes after drug possession charges is that what seems fine in an everyday context is not always acceptable in a courtroom context. Sometimes, achieving an acceptable case outcome is as much about avoiding mistakes as it is about making a strong case for yourself.

Understand How to Behave in Court

In theory, our courtrooms should focus mostly on whether or not people are guilty or innocent. However, in practice, there is a lot that you can do in the courtroom that can make things go better or worse for you.

Knowing how to act in a courtroom context can have a huge effect on what kind of sentencing you receive. The more that you know how to make a positive impression on the judge, the less likely you are to regret failing to do so for months or years.

Know How to Challenge a Drug Arrest

Some people feel that once they have been charged with drug possession, it is too late to change anything. However, the truth is that drug arrests are not always as airtight as they seem. In fact, police officers will sometimes exaggerate how airtight the evidence they have is in the hopes that someone will give up and stop trying to provide themselves with the best defense possible.

That is one of the biggest reasons it is so important to get a lawyer on your side as soon as possible after a drug arrest. Your lawyer will be able to analyze your situation and identify any weak points in the case that could be made against you. They might even be able to find violations of your rights that can invalidate some of the evidence that points toward your guilt.

At the end of the day, challenging a drug arrest is a complicated process that requires a lot of training and experience. Without a lawyer on your side, there is not much chance that you will be able to defend yourself effectively.

Get Drug Attorney Help Gathering Evidence

If you wait too long before finding a drug attorney to help you, that might be too late to gather evidence that could be crucial to improve your case outcome.

Depending on your situation, it might be helpful to gather statements from witnesses. In some cases, drug attorneys even help their clients by finding expert witnesses who can testify on their behalf. There might also be a fair amount of physical evidence to gather or photos and videos that would be worth collecting for your day in court.

However, all of this evidence preparation takes time and planning. The sooner you have an attorney who knows how to help find the most effective evidence to defend you in court, the more evidence you will be able to gather.

Receive Skilled Representation in Court

Of course, the way your evidence and story are presented will also make a big difference in the persuasiveness of your defense. That is why it is essential to find an experienced drug possession attorney to help you.

Many drug possession in cases are settled out of court. As a result, some drug possession attorneys rarely represent their clients during an actual trial. If you are not careful, you might end up hiring a lawyer to help you who has little experience providing a persuasive defense against drug charges.

You will also want the experience of a successful drug possession attorney on your side when it comes to all of the forms, rules, and procedures that must be followed in court.

On the other hand, you might end up deciding to negotiate a deal before going to trial as well. In such cases, attorneys who have a lot of experience negotiating similar deals can help you receive the best deal possible.

Benefit From Connections With Prosecutors

During a trial, the lawyers on the sides of the prosecution and the defense oppose each other. However, outside of trials, these same lawyers often enjoy friendly relationships. The right drug possession attorney for you may have relationships going back years with members of the prosecution.

Those kinds of relationships can make a huge difference in determining what kind of deal you get in a negotiation.

Reduce Your Sentencing as Much as Possible

Depending on your situation, a skilled drug possession lawyer might be able to help you avoid a guilty sentence. If that is not possible, then you will still want the best defense possible to help you reduce your sentencing. That goes double because Texas has some of the highest conviction rates in the US.

Save Money After a Drug Possession Arrest

Some people feel that hiring a qualified lawyer is too expensive. However, that analysis is often shortsighted. In the long run, it is almost always better to invest in the best representation you can.

After all, if you can’t work for years because of your case outcome, you will lose much more money to lost wages. You can also end up paying enormous fines if you don’t have a drug possession attorney to help reduce your sentencing.

Working with a skilled drug possession lawyer can also decrease the chance that you lose your job after facing drug charges.

Know How a Drug Possession Attorney Can Help

Not everyone is sure at first that they need the services of a skilled drug possession attorney. However, there is a much lower chance that you will be found innocent if you don’t have the help of an experienced lawyer on your side. Investing in anything that can reduce your sentencing is an investment that will pay for itself many times over.

To learn more about how you can find the best drug possession attorney for your legal situation, reach out and get in touch with us here at any time!

Smartphones, laptops, and social media apps allow us instant communication and access to the internet virtually anywhere, anytime. But this technology comes at a price. Sometimes that price can mean unintentionally breaking the law. For example, a 61-year-old man from McAllen, Texas was recently arrested for coercion and enticement of a minor using WhatsApp on his smartphone.

Social media apps are a hornets nest of legal problems if users aren’t careful. While it’s important to protect the innocent from predators, more and more innocent people are finding themselves in serous legal jeopardy because of their online activity. Just ask the man from McAllen who could face life in prison if convicted. The laws relating to online solicitation in Texas are often confusing and with just a few clicks, one can easily break them if they aren’t aware of the details.

If you’re one of the 95% of Americans who use social media such as Facebook, Snapchat, Instagram Whatsapp, or the countless dating apps, you better know the line between what’s legal and what’s not. Otherwise you could face serious, life-altering legal consequences.

Keep reading to learn all about online solicitation law in Texas and what you can do to protect yourself.

What Is the Texas Online Solicitation Law?

Texas laws on online solicitation involve any adult who deliberately communicates with a minor in a way that’s considered sexually explicit. This could include what’s known as “sexting,” or sending lewd videos or images. If the communication describes or relates to sexual activity, then it could be considered a breach of the law.

This could be done through the internet, such as email, texting, or via a social media app. Aside from sending lewd communications, the soliciting law in Texas also takes attempts to meet up into consideration. For instance, if someone knowingly uses the internet or an app in an attempt to have sex with an underage individual in person.

It’s worth emphasizing the punishments are severe if a defendant receives a conviction. In Texas, this crime is categorized as a third-degree felony. This could come with up to a decade of prison time, along with a fine of $10,000.

Upon conviction, you’ll have to register as a sex offender after getting out of prison. This is often the harshest penalty of all. Sex offender registration can severely limit the places you can live and they types of jobs you can obtain. Many neighborhoods, communities, and cities throughout the state have strict zoning laws forbidding registered sex offenders. This restricts the areas where sex offenders can live to tiny, sometimes crime infested areas of the community.

The cost of an online solicitation conviction can be devastating.

The Rise of Undercover Police Operations

in Texas, police operations are pouring more and more resources into online undercover or sting operations. These efforts are intended to protect innocent minors and catch predators. They do this by making convincing accounts that represent underage boys or girls. These undercover operations can last months and involve many detailed strategies to make the accounts appear real.

These online police operations are likely to expand due to the low cost and low risk to the officers involved. It’s much easier, and cheaper, to logon to a laptop and engage a potential suspect than get out in the community in a patrol car.

Communities and taxpayers demand a return on their investment and this creates pressure on police departments to deliver arrests and convictions. When people are under pressure to perform, they make mistakes and sometimes willingly overstep their boundaries. Undercover police officers are no different and can easily infringe on an unsuspecting persons rights or employ illegal tactics to entrap them.

Undercover police officers will often reach out to unsuspecting users to entice them into potentially illegal activity. While entrapment is technically illegal, there are many gray areas that can easily be exploited by an aggressive undercover officer. These tactics are so common that you may have already been contacted by an undercover officer without even knowing it. Being aware of these practices can ensure that you don’t find yourself on the wrong side of the law.

People mistakenly believe an officer must identify themselves or avoid lying when engaging with a user. Nothing could be further from the truth. Additionally, undercover officers have access to skilled hackers, programmers, and highly advanced equipment that most users don’t. For most users, it’s nearly impossible to identify an undercover police officer online.

In addition to the undercover officers, these operations often employ men and women who can pass off as underage. These decoys will often say or do anything to lure an unsuspecting user into conversations or situations where they could break the law. This makes it that much more difficult to identify who you’re corresponding with.

We often think of sex offenders as creepy old guys sitting in a basement lurking online for innocent young victims. However, more often than not, sex offenders are young people in their late teens or early twenties who are barely “adults” themselves. These young adults often don’t understand the laws around online solicitation and usually don’t think they’re doing anything illegal. A brief exchange on a dating site or conversation through a social app can suddenly ruin their entire future.

Social Media Apps Make Solicitation Easier

In the past, online solicitation of a minor in Texas wasn’t as easy. Nowadays, there are dozens and dozens of social media apps that make it all too easy to communicate with minors whether you know they’re underage or not.

These include Whatsapp, TikTok, Instagram, Facebook, Reddit, and many other platforms. In most cases, once you send a message to another user, there’s no way to take it back. This means there’s a more or less permanent record of any exchanges you’ve had.

If you’re charged with online solicitation and then tried to delete messages, you could get an additional charge for destroying evidence or attempting to interfere with an investigation.

This is why you should always think twice or even three times before sending a message to anyone. This is especially crucial when you can never be too sure of someone’s real age. Plus, the person you’re messaging could end up being the police.

Ways to Protect Yourself

If you’re worried about being in breach of the laws relating to online solicitation in Texas, then it’s a good idea to do everything you can to protect yourself. One way you can do this is by ensuring that anyone you talk with in a sexual way is of legal age. Instead of taking their word for it, it’s always best to confirm by asking to see official identification.

With modern technology, it’s also quite easy to fake the date of birth on an ID. This is why it’s more secure to conduct a background check on an individual before engaging in any communication of a sexual nature.

If you’re arrested due to online solicitation accusations, then you should get legal representation as fast as possible. Despite the pressure involved, it’s important to find a lawyer who has the proper experience and know-how to handle your case. The last thing you’d want is to get convicted because your lawyer didn’t represent your case effectively enough.

For starters, your attorney should have experience in criminal law. It also goes a long way if they’ve dealt with similar online solicitation cases before. Although cases can differ by quite a bit, it’s still a good idea to ask about their track record so you can have a better idea of what your chances of winning are.

An illegal entrapment is one potential defense a lawyer can use. If the defendant and the minor had an official marriage certificate at the time, then that will also help the case. Another promising possibility is if the defendant received consent from the minor and was no more than three years older.

Don’t Be Trapped By Texas Online Solicitation Law

Now that you’ve learned all about the online solicitation law in Texas, you can ensure that you’re protected. If you’re accused of breaking the law, then it’s important to have proper legal representation. That will give you the best chance of winning the case.

Texas online solicitation laws and undercover operations are meant to protect the innocent and catch predators. However, the reality is many young people in their late teens and twenties get snagged in these efforts and it can ruin their future. The stigma of the creepy old guy stalking young girls online is rare. More often than not, it’s your neighbors 19 year old college student who finds themselves facing the brutal consequences of police sting operations and the harsh consequences of Texas sex offender laws.

Don’t let an online solicitation arrest ruin your life or the life of a loved one. Experienced online solicitation attorneys can defend your rights and use proven strategies to lessen charges or even get cases fully dismissed. Online solicitation attorney Andrea M. Kolski is a criminal defense attorney in The Woodlands, Texas and has a track record of success second to none. She has successfully won the most challenging online solicitation cases and protected the freedom of countless clients. With years of in-depth experience under her belt, she’s earned the respect of her peers and is considered among the best in the field.

If you or a loved one need legal help, don’t risk your future. Contact our office and start your legal defense today. Click here to schedule a free case review.

Alcohol is big business in the US. It’s advertised heavily during sports events, endorsed by celebrities, and sold at virtually every non-fast food restaurant throughout the country. Texas is no exception in the big business of alcohol sales and distribution. Texas also fills its revenue on the other side of the alcohol business with thousands of DWI arrests and convictions every year. With some of the highest conviction rates in the US, Texas courts can be especially brutal for those charged with a DWI.

A DWI in Texas is not only big business for the state, it’s also serious business for anyone facing a first DWI charge. A first DWI in Texas is a class B misdemeanor. If you receive a conviction, it could cost you thousands in fines and up to six months in county jail. Beyond the fines and jail time, there are other, longer lasting costs as well. These include missing work, having a DWI on your record for all to see, and the potential denial of employment, especially side gigs like rideshare driving or delivery.

If you or a loved one were pulled over for driving under the influence in Texas, it’s important to know your rights. Read this guide to a DWI 1st offense and what ways to minimize the DWI impact on your life.

What are the Penalties for a First DWI in Texas?

Texas DWI penalties are intended to deter driving under the influence. While the connection between harsher punishments and safer roads is debatable, the consequences for a DWI offender are unquestionably serious. In Texas, a first-time DWI offender is very likely to face administrative penalties even before they go to court. If they go to court and receive a first DWI conviction, they are likely to face significant criminal penalties.

First Penalty: The Seizure of Your License

Texas has very little in the way of public transportation. Even the largest cities like Houston, Dallas, or Austin have few public transportation options available to get around town. Therefore, Texans are usually dependent upon driving a vehicle to work or any other activity. So, having a valid drivers license in Texas is critical to daily life and losing a drivers license due to a DWI can be devastating.

When pulled over, if a driver fails a chemical test or refuses to take one, then Texas law allows the officer to take your license. The driver will then receive a “Notice of Suspension” from the officer. The notice enables you to drive because it is functionally a temporary driving permit.

A driver may be innocent but they will have to prove that in court or through specific procedures outlined by the county. That can takes weeks or months and most of us don’t have that kind of time to go without a license or settle for a temporary one. Can you appeal the license suspension? Yes, if you choose. In certain circumstances, it’s possible to continue driving on your temporary permit until you attend the hearing and the board makes a final decision.

However, if you fail to properly contest the decision, your license is automatically suspended for 90 to 180 days. The 90 days begins on day 41 after your arrest.

It’s unlikely to lose all your driving privileges for a first time DWI, but there are no guarantees. First-time offenders have the option to apply for an “occupational license.” It allows you to continue to drive to work, school, and places like the pharmacy, doctor, and grocery store. An experienced Texas DWI lawyer can help navigate this process so that you can avoid missing work or other activities.

In many cases, a DWI lawyer can acquire an occupational license if you agree to an ignition interlock device (on every vehicle in your name), and you’re able to provide evidence of responsibility (job, class attendance, etc.).

Second Penalty: The Criminal Penalties

Texas DWI first convictions are generally classified as a class B misdemeanor. There are exception such as a blood alcohol content of .15 percent – the legal limit is 0.08 percent. In those cases, the DWI will often be moved up to a class A misdemeanor.

Upon conviction, you can receive either a fine or a jail sentence – or both. The maximum penalties are $3,000 (for class B) and $6,000 (for class A). A jail sentence may range from 72 hours to six months (one year for class A).

The fine and jail sentences are standard, but there’s more – even for a first conviction.

If convicted of a DWI in Texas, the court may also require the following:

• Probation
• Community service
• DWI education
• Further license suspensions (90 days to one year)

If you get your license back, you will also pay an annual surcharge on your license for three years. The typical penalty surcharge is between $1,000 and $2,000.

Further Penalties: Injuries, Children in the Car, Etc.

The penalties listed above only cover the DWI itself. However, if other circumstances are present, there may be additional penalties adding to the severity of the DWI charge.

For example, if you are caught driving under the influence with a minor in the car, then you face increased penalties. Driving with someone under 15 in the vehicle is a felony and your fine can grow to $10,000. It’s also punishable with up to two years in jail.

If you get in an accident and someone dies, then you can be charged with Intoxication Manslaughter, which is a second-degree felony.

What About Implied Consent?

There’s alot of confusion about a drivers rights and Texas law enforcement “no-refusal” tactics. The first time you get pulled over, you might wonder whether it’s worth it to take the field sobriety test. Texas uses the implied consent policy that was designed to punish those who refuse to take a chemical test. However, some courts around the state have been inconsistent in how they apply the policy so it’s unclear exactly what to expect. A driver in Texas has the right to refuse chemical or field sobriety tests but they will face a license suspension for doing so.

COMON Defenses for First Time DWIs

Every situation is different and the there is no one-size-fits-all when it comes to defending against DWI charges. The best defense is to never drive while intoxicated. However, if it happens, there are some legal arguments an experienced DWI lawyer may use if you’ve been pulled over while intoxicated. This doesn’t mean they will work every time or that there’s any way to predict the success of these strategies, this is strictly an overview of some typical defenses used by DWI lawyers. There is no way to guarantee results for any legal issue so it’s best to discuss your situation with an experienced DWI lawyer.

If a driver has agreed to a breathalyzer or field test and the results show the driver was over the legal limit, all is not lost. Here are some strategies used by DWI attorneys when defending their clients. Some defenses include:

• Drove drunk out of necessity
• Drove drunk because you had no choice to
• Drove drunk because an officer told you to
• Drove drunk without realizing you were drunk
• Drove drunk without consenting to drink

An experienced DWI lawyer can carefully review the circumstances around the arrest and identify technicalities that could lessen the charges or get the case dismissed altogether.

Some common technicalities include:

• Improper and unlawful traffic stops
• Inaccurate field sobriety tests (including breathalyzers)
• Chain of custody on blood tests

You can refuse a chemical/blood test if the stop was illegal. However, the punishments associated with the refusal still apply and implied refusal enforcement is vague. You will need to beat the DWI charges on the grounds of an unlawful stop and then beat the chemical test refusal charges.

If You Got a DWI, DON’T GIVE UP!

A Texas DWI may seem like a no-win situation but an experienced Texas DWI lawyer could turn the tables in your favor. In fact, lesser charges or complete dismissals are possible with an experienced Texas DWI attorney by your side. Texas DWI attorney Andrea M. Kolski has successfully defended and won countless dismissals and lessened charges for DWI clients.

DWIs are among the most common crimes in Texas, and sometimes drivers don’t take them as seriously until it’s too late. However, treating them as ‘something that happens’ is a mistake because a DWI is a crime and the consequences can be severe.

A DWI starts as a class B misdemeanor. But if you blew a 0.15 or higher, got in an accident, or drove with a minor in the car, it quickly becomes more serious. Even if you didn’t engage in a more serious crime, the first time DWI penalties can get in the way of your ability to go to school, apply for a new job, or keep a job, which can have real consequences for your life.

Are you or a loved on facing a DWI? Click here to get in touch with a criminal defense attorney to help you stay in control of what happens next.

It’s no surprise that many law-abiding Texas gun owners have found themselves on the wrong side of the law. Having an experienced Texas lawyer defend your rights is a smart move to protect your rights and avoid any potentially devastating consequences.

if you want to protect your 2nd Amendment rights, be sure to understand the latest changes to Texas gun laws. If you or a loved one are facing weapons charges, read on to learn what you should and shouldn’t do.

Be Careful What You Say

Loose lips sink ships. They can also sink your defense in court. Too often, people weaken their defense by saying the wrong thing to the wrong person. This often happens because people misunderstand the difference between colloquial and legal rules.

In an everyday conversation, it might seem perfectly justifiable to say something to a friend, family member, or acquaintance. However, from a legal perspective, it often surprises people what kind of statements can seem innocent but end up undermining your legal case.

Few people know what can and can’t be said when they’re facing charges. Don’t gamble with your freedom. Keep your mouth shut and speak with a lawyer before you do anything potentially incriminating.

When You Need a Lawyer

Your lawyer can help you understand what you should avoid doing or saying before your trial date. This way, you can avoid making a difficult problem even worse by accident.

However, another great thing a lawyer can do for you is to help you understand the likely outcome of your case. Some people feel confident that they will win their case, either because they are innocent or because they feel that there is no significant evidence proving their guilt.

However, most people do not have much experience assessing which situations are likely to lead to acquittal in a criminal trial. As a result, it is easy for people to make mistakes while assessing their own situation. It is much more effective to ask an experienced lawyer for their assessment of your legal circumstances.

Of course, they will not be able to tell you for sure if you will win your case. But they can give you a much better idea of what you can expect and what kind of case outcome you should be aiming for.

This also comes in handy because whether you are found guilty or innocent is not the only important question. Even if you are found guilty in a trial, there is the question of your sentencing.

Some people feel that it does not matter how they handle their legal situation if they already expect to be found guilty. They might even think there is no point in hiring a lawyer at all if they are going to lose their case, anyway. However, your lawyer can also help you diminish your sentence.

Real Lawyers vs. “Legal Service Associations”

In recent years, gun owners have been bombarded by groups claiming to protect gun owners in their time of need. These “memberships” often come with sign up fees or ongoing membership dues. They may even send you a little “member card” to keep in your wallet.

While these services sound tempting, they may not provide the legal protections or defense needed when facing charges. Oftentimes, these services are simply private companies offering nothing more than a referral to a national legal network. The experience, skill, expertise, and location of the lawyer they refer may be completely random- or unknown!

Every gun owner has the right to legal representation. Don’t trust your freedom to a referral service- get an experienced local lawyer who will personally represent you in your case. This is your best shot at protecting your rights.

Speak With An Experienced Lawyer as Soon as Possible

When it comes to weapons charges, time is not on your side. The consequences of an arrest or weapons charges can quickly impact your life. Whether you are guilty or innocent, and whether you expect to win or lose your case, it’s best to get a weapons defense attorney working on your behalf as soon as possible.

First, they can provide guidance to insure you don’t weaken your case by accident. However, they will then need to spend a lot of time preparing a strong defense for you.

For example, they might need to find witnesses and interview them so that they can testify on your behalf. They might be able to find expert witnesses that can comment on the technical details of your case.

They can also study all the documentation relevant to your case and begin preparing the most convincing defense of yourself possible in court. They can also contact the court and prosecutors for any special lenience for your situation or circumstance.

All of this takes time. The longer you wait before speaking with a lawyer, the less time your attorney will have to prepare a proper defense for you.

Find a Lawyer With Weapons Charge Experience

It’s always best to go with a specialist when you want something done right. The law is no different. While many lawyers work in multiple areas of the law, the most skilled criminal defense attorneys specialize in criminal law. They will also have years of experience to bring to the table. When it comes to criminal defense, there is no substitute for experience.

Make sure that you choose a criminal defense attorney who has devoted a significant portion of their career to defending clients in situations similar to your own.

Use Caution When Reading Reviews

Reviews are everywhere these days. These days, you can’t order a pizza without a request for a review. Unfortunately, the abundance of reviews also allows fake reviews to flourish. In the legal industry, fake reviews are a real problem. Larger firms in particular often use outsource online companies to solicit and create reviews. While many are legit, there can be fake reviews sprinkled among the real ones.

While fake reviews are problematic, there are a few simple steps you can take to insure you’re getting the truth.

First, use common sense. Any firm with a perfect rating, a 5.0 or 10 stars, is highly suspicious. How many things in life are absolutely perfect? Law firms aren’t perfect either. If you see a lawyer or firm with a perfect, or nearly perfect, rating, there’s a reasonable chance they have fake reviews in the mix. The most reputable and skilled lawyers will usually have some negative feedback. This proves they are transparent and not hiding the occasional unhappy customer. A few negative reviews among mostly positive reviews can be a good thing for you as a potential client.

Next, ask the lawyer specifically about their reviews. Have them provide details about a case or client mentioned in their reviews. (without giving away any attorney-client privilege). If they struggle to remember or have difficulty providing further specifics, it’s possible they are posting fake reviews. An honest, reputable lawyer will be very engaged in their practice and can easily provide details about cases.

Keep in mind more reviews does NOT translate to good lawyering. Reviews can be faked or altered with ease. It’s common practice to load up on LOTS of reviews to get a better ranking in search engines. But a firm with 500 reviews may be no better at handling your case than a firm with a handful reviews. The number of reviews has no bearing on the firms ability to represent you or the outcome of your case.

Reviews are just one tool to help evaluate a potential lawyer for your weapons case and should be used with caution.

Defending a Weapons Charge in Texas

There are few times in life when the stakes are as high as when you are facing a weapons charge. The way that you handle your legal situation will affect your life in huge ways for many years to come. There may be nothing else you can do to affect the outcome of your charge as much as looking for the best criminal defense lawyer to assist you.

To learn more about how to handle your legal situation when you are facing a weapons charge, reach out and get in touch with our top rated criminal defense attorneys today.

Paternity means being the biological father of a child. The biological father has certain legal obligations to any biological children they have fathered, such as financial child support. For the court to order a father to pay child support, it is necessary to establish paternity.

When it comes to establishing paternity in Texas, there are a few ways this can be done. Here’s what you need to know about establishing legal paternity of a child.

Court Ordered Paternity Test

When the paternity of a child is in question by either the mother, father, or another legal guardian, the court may order the alleged father to take a paternity test. A paternity test is typically a simple procedure where the alleged father and the child or children in question have the inside of their cheek swabbed and the sample is submitted for testing. These types of paternity tests are 99% accurate at determining the biological father of a child. The results may take as long as 4-6 weeks to come back.

Voluntary Paternity Test

If the alleged father of a child wishes to prove or disprove their paternity, he may submit to a voluntary paternity test. This test is performed the same way as a court ordered paternity test, by a cheek swab of both the father and child or children in question in a certified testing facility.

Acknowledgment of Paternity

If both parents acknowledge without a doubt who the father of a child is, they may file an acknowledgement of paternity. The purpose of this legal document is to give the biological father rights to custody and to be responsible for child support. It also gives the father the right to use his last name for the child’s last name on their birth certificate and to be consulted in any adoption proceedings regarding the child.

Denial of Paternity

If the presumed father is not the biological father, such as in cases where the mother is married to a man who is not the biological father, a denial of paternity can be filed. This document may accompany an acknowledgment of paternity if the situation calls for it.

Scenarios Where it is Necessary to Legally Establish Paternity in Texas

There are many different situations where it may be necessary for the court to legally establish paternity in Texas, such as:

• Biological mother is requesting child support. If the biological mother of a child claims that a man is the biological father and wants him to pay child support, it will be necessary for paternity to be established in order for the court to require him to pay it.
• Alleged father believes he is not the biological father. In many cases the alleged father of a child does not believe he is the biological father, in which case he may voluntarily submit to a paternity test or be ordered by the court to take a paternity test.
• Biological father is requesting parenting rights. If a father wants to have custody or visitation rights to his children, he may have to legally establish paternity by proving he is the biological father through a paternity test.
• Foster parents want to legally adopt a child or children. Anytime there is an adoption request the biological parents must be located and consulted unless they are deceased. If a father comes forward claiming to be the biological father, a paternity test may need to be done to establish legal paternity.

Need Help With a Paternity Case? Contact the Law Firm of Andrea M. Kolski

If you’re involved in a court case where it is necessary to establish paternity, the Law Firm of Andrea M. Kolski can help. Whether you’re the mother, father, or legal guardian of a child in question, our law firm will fight for your rights. We also fight for children’s rights in child custody cases.

Call (832) 381-3430 or contact us today to schedule a consultation. We look forward to providing you with the legal assistance you need.

Our nations legal system has been refined through a history of persecution and injustice. We continue to strive for a system where all people are given a fair trial and a chance to explain themselves, regardless of their alleged crimes. The job of good sex crime lawyers is to make sure the accused are afforded the opportunity for a fair trial and that their rights are not infringed.

These kinds of crimes are understandably difficult to defend and a challenge for the courts to handle. They are emotionally charged and involve situations that nobody ever wants to find themselves in. However, our Constitution states that everyone deserves a fair trial, and punishments cannot be simply handed down without due process.

The court is also where the full stories behind incidents can come to light. A skilled sex crime lawyer can help a defendant tell their side of the story. Keep reading below to learn ways lawyers stand up for the accused.

Sex Crime Lawyers Are Investigators At Heart

Behind every court trial is a story that attorneys, plaintiffs, judges, and defendants are just trying to understand. Most of the time, the narrative behind trials can be complicated. So, qualified legal intervention can help get the story straight.

To do that, good lawyers have strong investigative skills and are willing to dig into the nitty-gritty of a trial. They may spend hours poring everything from witness testimonies to social media posts, trying to catch anything that seems out of place. They may also reach out to experts for insight about details in a story.

They take the stories that plaintiffs tell as much as the stories defendants tell and process them carefully. They compare each story, inspecting points where they differ and clarifying areas for better understanding.

Whether a lawyer is fighting to prove someone’s innocence or guilt, they are working to get all the pertinent fact of a case. They make sure the story is told correctly to a court before judgment is passed. Otherwise, innocent people may be convicted because a story lacked proper details.

The Best Sex Crime Lawyers Leave No Stone Unturned

Sex crimes are especially difficult accusations to unravel. Usually because our society is quick to judge someone simply based on the charges they face. But the courtroom, not society at large, is where the facts of a case come to light and judgement is determined.

One mark of a good investigator is to consider the emotions that often fuel these cases. Sex crime lawyers are trained to analyze the actions of plaintiffs and defendants, considering the emotions behind them. The only way to get to the truth is to get the full picture of the incident, after all.

So, when speaking with clients and witnesses, attorneys may ask questions about the mental state of the people involved. They may ask questions that seem callous or cold, but it is for a greater purpose. The things people do when they are afraid can often be confused with bad intentions. There is a difference.

The court may view someone who acted due to fear differently than if they were malicious. The actions of a scared individual must be considered and a skilled defense attorney can help communicate this to the court or prosecutors.

Examining Motivations Is Crucial During Trials

Why do people behave in certain ways? Why did they take a certain action? Answering these questions help determine the motivations behind ones actions. People do things for a reason, and uncovering these reasons can help attorneys weave together a better understanding of the case. A good sex crime lawyer will present and examine evidence or ask questions about what could lead people to make the decisions they did.

To do this, they may investigate all of the people involved in a case. Not just the accused, but the plaintiff, the police, and other individuals who played a role. For example, if a person has been caught lying then they may take that into consideration when speaking with a person on the bench. Past comments indicating hostility towards a particular person may also be used to illustrate a person’s motivations.

It’s the same kind of work that police organizations usually do in high-profile cases. Cases involving sex crimes just often make this kind of work hard for police, since they primarily are tasked to describe the actions of what happened. They cannot usually shed light on the reasons behind why something happened.

That kind of work is for the people working hands-on with everyone involved. This is where experienced sex crimes lawyers can make a real difference in a case.

Evidence Is Only Part Of The Story

There is always a time in any kind of trial when evidence from an incident is presented. This evidence can range from bed computer and phone records, physical evidence such as sheets, clothes, and almost anything in between.

However powerful or weak the evidence may seem, it does not give attorneys or judges the full story of what may or may not have happened in a case. Evidence is often used to support the perspective of a particular person. The reasons behind why a person would send a particular text message or wear a certain shirt can vary.

The job of an attorney is to explain the reasons behind how evidence plays into the overall story. They also can argue that certain evidence must be thrown out or included if there is good reason to do so. It is up to the attorneys to illustrate the full story leading up to an incident because the evidence will not do it itself.

Sex crime attorneys will often comb through texts and social media posts, speak with witnesses and clients, and examine any evidence the prosecution plans to present in court. They will scrutinize this evidence to see if it is admissible and fight for whichever they believe is in the best interest of the case. By carefully examining evidence, a skilled sex crime lawyer can piece together the most likely reasons behind the actions in a case.

A Sex Crime Attorney Advocates For Everyone’s Rights

At any time, anyone could find themselves accused of a crime. Even the innocent can be caught in the crosshairs of law enforcement. While most of us never think of being accused, when it happens, we want a system that allows us to defend ourselves. By standing up for the accused in the most difficult of cases, sex crimes attorneys are fighting for all of our rights. Not just the rights of that particular client.

Understandably, when someone is accused of a crime, it’s important to understand the mental state of that person. The enormous amount of stress one feels when facing charges can be overwhelming. So, beyond just defending our rights, sex crime attorneys must also get the court to consider the mental health of their clients and make sure they are well enough to stand trial. Sex crimes can often leave people in an indescribable kind of distress, both for the accused and the accusers.

One of the first jobs of any good sex crime attorney is to care for their clients’ mental wellbeing. They may refer them to resources or services that worked with people in similar situations. In this way, even as a trial goes on, everyone involved can take the first steps towards recovery.

Never Go to Court Without Someone at Your Side

It doesn’t matter what kind of crime you may have been accused of — never go to court alone. The Texas court system is overburdened with cases and it’s extremely hard to get a truly fair trial on your own. There are countless numbers of Texans in jail today who thought they could beat the system.

Navigating the complex legal systems behind a trial can be challenging even for the most seasoned sex crime lawyer. Don’t risk your freedom without consulting with a sex crime lawyer first. It could be the most important decision of your life.

If you or a loved one have found yourselves on the wrong side of the law, let us help. Defense Attorney Andrea M. Kolski has over 20+ years experience with sex crime cases. There is no one who fights harder and with greater compassion for the accused than Andrea M. Kolski. If you’d like a review of your situation, reach out to us. We are here to help.

Like many states, Texas has very strict laws when it comes to DWI, or Driving While Intoxicated, and the penalties can be devastating. If you are arrested for DWI, it’s not the time to take the law into your own hands. Your best bet will be retaining a skilled, experienced defense lawyer who specializes in DWI. Still, it helps to have a thorough understanding of what DWI means in Texas and what penalties you might face. An experienced Texas DWI lawyer will provide specific advice that pertains to your case, but here is a general overview of DWI in Texas.

Texas Definition of DWI

Driving drunk or under the influence of drugs is illegal in every state, but each state’s specific laws are slightly different. In Texas, the term “intoxicated” has two different meanings:

• BAC (blood alcohol content) of .08 percent or higher
• Impaired mental or physical faculties due to the consumption of alcohol and/or drugs, even if your BAC is under the legal limit

For drivers under the legal alcohol consumption age of 21, any detectable amount of alcohol in the blood is prohibited, while commercial drivers aged 21 and over are limited to a BAC below .04 percent.

Intoxication Evidence

It’s important to know that while your blood, breath, or urine can and most likely will be checked for the presence of alcohol, you may be charged with DWI based on other evidence of intoxication even if you are below the legal limit. This is typically based on the arresting officer’s observations, such as the smell or physical presence of alcohol, your appearance and behavior, and your performance on one or more field sobriety tests.

DWI Penalties

Texas has escalating penalties for multiple DWIs, and judges have a fair amount of leeway within the sentencing guidelines. In general, your first DWI will be considered a Class B misdemeanor with jail time of 3 to 180 days, a fine of up to $2,000, and a license suspension of 90 to 365 days.

Penalties go up drastically for a second DWI, and by your third DWI, you are looking at potentially being charged with a felony and facing 10 years behind bars. Subsequent DWIs carry even harsher punishments, potentially 25 years to life if you are convicted again after serving two DWI jail terms.

Other factors can also increase DWI penalties, such as the presence of a child in your vehicle, a very high BAC (.15 or above), an open container, or any injury or death that you cause while intoxicated.

Drivers under the age of 21 are prohibited from having any detectable alcohol in their system. A first offense typically carries probation, fines, license suspension, community service, alcohol education, and other penalties, but generally no jail time. However, if the same minor is convicted again, penalties quickly escalate, and the second or subsequent DWI for a minor will very likely carry a jail sentence.

Refusing Chemical Testing

Texas law holds that by operating a motor vehicle, you have given implied consent to chemical testing for alcohol or drugs. Therefore, your license will be automatically suspended 40 days after your refusal, for a period of 90 days to two years, unless you request an administrative hearing within 15 days of your refusal.

DWI Education and Intervention Programs

First-time DWI offenders may be placed on probation in lieu of or in addition to jail time, and must attend a 12-hour DWI education program. The course must be completed with 180 days of the time probation starts, or your license will be revoked.

Repeat DWI offenders are likely to be placed in a 32-hour DWI intervention program along with their penalties. This is a more in-depth program designed to encourage repeat offenders to seek treatment for their alcohol or drug issues. You must complete the program, or your license will be revoked.

Those who are under 21 and are convicted of DWI are normally ordered to complete either an alcohol education program for minors or community service. Whichever is ordered, it must be completed within 90 days to avoid a six-month license suspension.

In addition, the judge may order you to install an ignition interlock device on your car. In this case, you will also have a restriction placed on your license that authorizes you to drive only vehicles with this type of device.

Texas DWI laws are complicated, and tend to side with the arresting officer. Because a DWI charge carries harsh consequences, it is vital to hire a DWI attorney immediately after your arrest. Your attorney can help you request appropriate hearings, communicate with court officials, negotiate a plea deal, and in some cases, even have the charges reduced or dropped. With so much at stake, choose an experienced lawyer with a proven track record of success.

Montgomery Texas Defense Attorney Andrea M. Kolski is past President of the Montgomery County Criminal Defense Lawyer’s Association and has been defending the accused for over 20 years in Texas courts. If you or a loved one are in trouble with the law, you want the best, most aggressive attorney fighting on your behalf. Andrea Kolski’s record of success is second to none and is highly respected among her peers. For more information or to schedule a consultation, contact our office or call us at 832-381-3430.

On September 1, 2021, the Texas Firearm Carry Act of 2021 went into effect. The Act passed the Texas state legislature and was signed into law by Governor Greg Abbott in late May 2021.

Gun rights activists laud the new rules as a welcome reform and believe Texas is now the first “pro-gun” state. Gun control activists aren’t so sure. They believe the laws could compromise the safety of Texas citizens and law enforcement.

Are you a gun owner or concerned citizen unsure of the new Texas firearms rules?

Here’s a brief overview of the new Texas gun laws and how they may affect you.

Texas Firearm Carry Act: A Short History

Conservative activists and lobby groups like the NRA pushed permitless carry laws in various state legislatures for years. Though they’ve had little success in the past, the activists and lobbies continued their push and came up with a new way to market these lax gun laws to the public.

They now refer to these laws as “Constitutional Carry Laws.”

Constitutional Carry is a brilliant marketing campaign that recalls the American ideals of our inalienable rights granted by “our creator.” These laws, so advocates say, promote an originalist interpretation of the Second Amendment to our Constitution.

Controversial Public Support

Despite the new branding, the support of permit-free carry has remained mixed. Polling conducted by the University of Texas and the Texas Tribune showed that an overwhelming majority, 59%, of Texas citizens do not support permit-free firearm carry.

Polling of Texas Republicans revealed that 56% support firearms carry without licenses, while a whopping 85% of Democrats oppose.

Despite the new law’s lack of popularity, it passed the Texas House of Representatives in June of 2021 with an 82-62 vote.

Basics of the New Texas Gun Laws

With the Texas Firearm Carry Act now law, the Lone-Star state joins several other states that already passed permitless conceal and carry laws. Utah, Wyoming, Iowa, Tennessee, and Montana all removed restrictions on firearms possession. Many pundits claim these conservative states did so in response to President Joe Biden’s vow to enact federal gun restrictions.

Still, there are ways that gun rights activists and owners could find themselves on the wrong side of the law. What does the new law mean for you? Let’s take a look at some of the changes in Texas gun laws and how a criminal defense attorney could be the best way to protect your rights.

No Permit Needed

Before the new law, gun owners in Texas had to obtain a license to carry a concealed firearm. To receive this permit, Texans submitted to fingerprinting, safety training, and shooting proficiency exams.

As of September 1, 2021, Texas citizens are no longer required to complete this permit process. If you are 21 or older, you can carry a weapon legally without a permit.

Restrictions Still Exist

Though the Texas Firearm Carry Act liberates gun owners from permitting and training, there are still restrictions on who can own a gun.

Any Texan with felony convictions or a domestic violence charge may not carry a gun. This restriction means that, despite social media claims, Texas citizens must still submit to background checks when purchasing a firearm.

These new laws pertain not to the rules surrounding the sale of firearms but where and how any Texan may carry them upon purchase.

Other Changes

The Texas Firearm Carry Act was the highest-profile change to Texas gun laws, but Governor Abbott also signed many other changes into law during the last legislative session. All of the following changes in gun laws also took effect on September 1, 2021. Like “permitless carry,” these new laws loosen some government restrictions on firearms.

Second Amendment Sanctuary Act

Gun control measures from the Federal Government are a heavily debated issue. New restrictions can get passed depending on which political party controls the legislative and executive branches.

House Bill 2622 designates Texas as a “Second Amendment Sanctuary State.” This law means that Texans receive protection from any possible federal firearms regulations.

Senate Bill 19- Pro-gun Government Contractors

The political winds change, though not as fast as some people may think. With Senate Bill 19, future Texas legislatures and executives can no longer offer government contracts to companies discriminating against firearms and ammunition businesses.

The Texas state government has the power to only contract with companies that maintain a “pro-gun” stance.

Senate Bill 550- Types of Holsters

Before this bill, Texas law regulated the type of holster a citizen could use to carry their gun. If you wanted a pistol, you had to use a shoulder or belt holster that met these state regulations.

Senate Bill 550 rescinds these regulations and lets Texans choose whatever holster they like.

Senate Bill 20- Hotel Restrictions Lifted

Hotels are no longer allowed to restrict firearms. Senate Bill 20 allows any legal Texas citizen to store firearms inside their hotel room.

Hotel guests now face zero restrictions on firearms storage.

House Bill 957- Silencers

It is no longer a crime for a Texas citizen to own a gun silencer. It is also no longer a crime to manufacture or sell gun silencers in the state of Texas.

The repeal of these criminal offenses goes further. Silencers made and owned in Texas now receive protection from any federal regulation.

House Bill 1500- Disaster Gun Sales

As of September 1, 2021, all Texas government entities can no longer prohibit the sale of guns and ammunition during a disaster or emergency.

This law designates gun shops as “essential businesses.” They are not subject to closure during emergencies like the COVID-19 pandemic. The interpretation of this law can now classify gun shop employees as “essential workers.”

The New Rules for Texas Firearms

Navigating the new laws about Texas firearms is a challenge. While lawmakers and Governor Abbott proclaim these law changes as a bell-ringing celebration of freedom for Texas citizens, the new rules continue to receive pushback. Many law enforcement agencies are concerned these laws may put officers in danger.

Responsible gun ownership is the best way to protect your rights. Knowing the laws around gun ownership and possession can keep you from getting into trouble. If you or a loved one is facing legal action related to firearms, . Andrea M. Kolski is here to fight for you. She will use her 21 years of experience to protect your rights and advocate for your gun ownership rights.

Have you been accused of a firearms violation? Contact our office today for a free case review.

Getting pulled over can be stressful for anyone. Regardless of the reason why you were pulled over, you have rights that should be respected by officers. However, it is hard to defend your rights if you are not sure what your legal rights traffic are. Here is what you need to know about your rights during a traffic stop.

The Right to Remain (Mostly) Silent

The first thing to remember during a traffic stop is that you have the right to remain silent throughout the stop in most cases. This can be immensely helpful since you may be nervous and not know what to say. Many people get in trouble during traffic stops because they say the wrong thing or they are aggressive toward the police. Rather than risking a problem, just stay silent when possible.

There are times during the stop that you need to speak to the officer. If asked for identification or any other paperwork, you must provide it to the officer. It is required by law. You don’t have to speak, but it is a good idea to at least inform the officer if you need to reach somewhere out of sight to get it. Otherwise, you don’t have to say anything to the officer at any point.

The Right to Record

Car cameras and cell phone cameras are everywhere, which can be a benefit if you are pulled over. You have the right to record the traffic stop, even without the officer’s permission. The key to doing this successfully is to be cordial about how you do it. Officers don’t like having cameras shoved in their faces any more than you do. So, keep it at a safe distance.

The Right to Refuse Testing

Blood-alcohol testing is a common method of determining a DWI in Texas. You have the right to refuse to take those tests. No officer can force you to take these tests under normal circumstances. The only exceptions are if you are involved in a serious accident where someone else was injured and if you have prior DWI/DUI convictions.

It is important to note that although you can refuse to take a test, there may not be an advantage for you. If you refuse, the officer will have you sign an evidence sheet to document your refusal. It can be used later in court to prove that you were guilty. Many people have tried to refuse tests in order to avoid evidence that they were drunk, but this method closes that loophole.

The Right to Refuse Searches

One of the more confusing issues that people face is understanding how and when an office can do a car search. To pull you over, an officer needs reasonable suspicion. That means that there has to be a reason for pulling you over that is obvious to someone under normal circumstances. In nearly all circumstances, an officer can lawfully pull you over.

You have the right to refuse a search of your vehicle if the officer does not have probable cause. Probable cause is enough evidence to think that you likely did something wrong. For example, an officer has probable cause if you roll down your window and it’s obvious that you are smoking marijuana in your car.

If you get pulled over, remember that you have rights. If you need help dealing with a legal issue, give us a call at 832-381-3430 or contact us here to schedule a consultation.