Boating While Intoxicated (BWI) is a serious offense that carries heavy penalties. Much like driving under the influence, operating a watercraft while under the influence of alcohol or drugs is illegal. This law applies to any vessel, including yachts, fishing boats, jet skis, or any other type of watercraft. Hiring the right boating while intoxicated lawyer can make all the difference in your case. An experienced Texas BWI lawyer will know how to navigate the entire process. The consequences of a BWI charge can be severe, including hefty fines, loss of boating and even driving privileges, and potential jail time. The laws and penalties for BWI are different than Driving While Intoxicated or DWI in Texas. It’s important to remember that even if you’re on the water, safety and legal responsibilities should always be a priority.

Operating a boat or watercraft requires a high level of concentration and alertness. Therefore, there are certain substances that individuals should avoid to ensure that they navigate the water safely. Here are some substances that can impair an operator’s ability to safely manage a boat or watercraft:

Alcohol

Alcohol is one of the most common substances that boat operators are advised to avoid. It can impair judgment, balance, vision, and reaction times, making it dangerous for anyone operating a boat or watercraft. The effects of alcohol while operating a boat are similar to the effects while operating a motor vehicle. Learn more about Texas DWI laws here.

Prescription Medications

Some prescription medications can cause drowsiness or other side effects that can impair a person’s ability to operate a boat safely. It’s essential to read the labels and understand the side effects of any medication before operating a watercraft.

Illegal Drugs

Illegal drugs, such as marijuana, cocaine, or hallucinogens, can significantly impair a person’s ability to operate a boat. These substances can alter perception, motor control, and decision-making abilities, making them extremely dangerous for boat operators.

Over-the-counter Medications

Even some over-the-counter medications, like antihistamines or cold medicines, can cause drowsiness and slow reaction times. Always read the label and understand the potential side effects before operating any type of vehicle, including boats and watercraft.

Remember, the safety of you and others on the water is paramount. If you’re unsure whether a substance might affect your ability to operate a boat, it’s best to err on the side of caution and avoid operating the boat until the effects of the substance have worn off.

Texas Law and Penalties for BWI (Boating While Intoxicated)

In the state of Texas, boating while intoxicated (BWI) is taken very seriously. This is due to the potential dangers posed not only to the person operating the boat but also to other people on the water. The penalties for BWI are similar to those for driving while intoxicated (DWI).

First-time offenders can expect a fine of up to $2,000 and/or a jail sentence of up to 180 days. For a second offense, the penalties increase to a fine of up to $4,000 and/or a jail sentence of up to one year. A third offense carries a fine of up to $10,000 and/or a prison sentence of between 2 and 10 years.

Moreover, the Texas Parks and Wildlife Department can also suspend the boat operator’s license for a period ranging from 180 days to 2 years. It’s worth noting that the penalties can be more severe if the boat operator caused an accident that resulted in serious injury or death.

If you are facing a BWI charge in Texas, it’s crucial to seek legal counsel. The Law Firm of Andrea M. Kolski is experienced in defending such charges and can help you navigate the legal process. Contact us today at 832-381-3430 for a consultation.

National Statistics on Boating While Intoxicated

Boating while intoxicated is a serious issue that has been causing numerous accidents and injuries across the United States. Here are some of the national statistics that highlight the gravity of this problem.

• According to the U.S. Coast Guard, alcohol use is the leading known contributing factor in fatal boating accidents, accounting for 23% of deaths (2019 data).
• In 2019, there were 4,168 recreational boating accidents that caused 613 deaths, 2,559 injuries, and roughly $55 million in property damage.
• About 70% of fatal boating accident victims drowned. Of those drowning victims with reported life jacket usage, 86% were not wearing a life jacket.
• Drunk boating is just as deadly as drunk driving. The effects of alcohol are exacerbated by the sun, wind, noise, vibration, and motion experienced during boating.

How Our Lawyers Can Help

Being charged with Boating While Intoxicated (BWI) is a serious legal issue that can have lasting consequences on your personal and professional life. It’s important to avoid hiring just any boating while intoxicated lawyer because experience counts! It is essential to hire a lawyer to navigate the complex legal process that follows such a charge. Here are several reasons why you should consider hiring a lawyer from The Law Firm of Andrea M. Kolski if you’ve been charged with BWI:

• Understanding of the Law: Lawyers have a comprehensive understanding of the legal system, including BWI laws. They can explain the charges, the potential consequences, and the best possible defenses for your case.
• Protection of Rights: An attorney ensures that your rights are protected throughout the legal process. They can shield you from police misconduct, violation of your rights, or unfair sentencing.
• Experience in Negotiations: Lawyers are skilled negotiators. They can negotiate with the prosecution to reduce charges or penalties or even have the case dismissed entirely.
• Representation in Court: If your case goes to trial, a lawyer will represent you in court, present your case effectively, and challenge the prosecution’s evidence.
• Emotional Support: Facing a BWI charge can be traumatic. Having a lawyer by your side provides reassurance, enabling you to face the situation with more confidence.

At The Law Firm of Andrea M. Kolski, we strive to provide our clients with high-quality legal representation. If you are facing a BWI charge, don’t hesitate to contact us at 832-381-3430. We are here to help.

Well, hold on tight, because the answer might surprise you.

The duration of a divorce in Texas can vary greatly depending on a multitude of factors. From the amicability of the parties involved to the complexity of the assets to be divided, several crucial elements can either expedite or prolong the process.

So, if you’re curious to learn more about the average timeline, the fastest ways to speed things up, and the potential roadblocks along the way, buckle up and prepare for an informative ride through the Texas divorce landscape.

Key Takeaways

• The duration of a divorce in Texas can vary based on various factors such as legal representation, residency requirements, court schedules, and the complexity of issues involved.
• On average, a divorce in Texas takes between 6 months to 1 year.
• The fastest ways to expedite a divorce include opting for an uncontested divorce, considering mediation, gathering necessary documents, hiring an experienced divorce attorney, and understanding one’s rights and options.
• Potential delays in the divorce process can arise from disagreements on key issues, lengthy negotiations or court hearings, mandatory waiting periods, errors or missing documents, and the complexity of the case.

Factors Affecting Divorce Duration

Factors affecting divorce duration can vary based on the specific circumstances of each case. One significant factor that influences the duration of a divorce is the impact of legal representation. The choice to hire an attorney or to proceed without one can have a significant impact on the length of the divorce process.

When individuals choose to hire a divorce lawyer, they gain the advantage of having an experienced professional who understands the intricacies of the legal system. A skilled attorney can guide their clients through the divorce process, ensuring that all necessary paperwork is filed correctly and promptly. This can help to prevent unnecessary delays and ensure that the divorce progresses smoothly.

On the other hand, individuals who choose to proceed without legal representation may encounter difficulties navigating the complex legal procedures involved in a divorce. Without proper knowledge and understanding of the laws and regulations, they may struggle to complete the required paperwork correctly and promptly. This can lead to delays and prolong the overall duration of the divorce.

Average Timeline for Divorce in Texas

After considering the various factors that can impact the duration of a divorce, it’s important to understand the average timeline for a divorce in Texas. The average duration of a divorce in Texas can vary depending on several factors, including the complexity of the case and the level of cooperation between the parties involved. However, on average, it takes about six months to one year to finalize a divorce in Texas.

To obtain a divorce in Texas, certain legal requirements must be met. First, either spouse must have been a resident of the state for at least six months and a resident of the county where the divorce is filed for at least 90 days. This residency requirement ensures that the divorce is filed in the appropriate jurisdiction. Once the divorce petition is filed, the other spouse must be served with the necessary legal documents and allowed to respond.

The length of the divorce process can also be influenced by the court’s schedule and the complexity of issues such as child custody, property division, and spousal support. In cases where the spouses can reach an agreement on these matters, the divorce process may be expedited. However, if some disagreements or disputes require litigation, it may take longer to resolve.

It is important to note that every divorce case is unique, and the timeline can vary depending on the specific circumstances. Consulting with an experienced divorce attorney can help individuals navigate the legal process and better understand the average duration for a divorce in Texas.

Fastest Ways to Expedite a Divorce

To expedite a divorce in Texas, several strategies can be employed to help streamline the process. Here are some time-saving divorce strategies that can help couples navigate the expedited divorce process:

• Choose an uncontested divorce: If both parties can agree on all the terms of the divorce, such as the division of assets and child custody, an uncontested divorce can be a faster option. This allows the couple to avoid lengthy negotiations or court hearings.
• Consider mediation: Mediation is a voluntary process where a neutral third party helps couples reach agreements on divorce-related issues. It can be a more efficient and cost-effective way to resolve disputes and expedite the divorce process.
• Gather all necessary documents: Having all the required documents ready and organized can help speed up the divorce process. This includes financial records, property deeds, and any other relevant paperwork.
• Hire an experienced divorce attorney: A skilled divorce attorney can guide you through the process, ensuring that all necessary steps are taken promptly and efficiently. They can also help you understand your rights and options, helping to expedite the divorce proceedings.

Potential Delays in the Divorce Process

Navigating the divorce process in Texas can be expedited with certain strategies, but it’s important to be aware of potential delays that may arise along the way. While some divorces can be finalized within a few months, others can take much longer due to various factors.

Understanding the common reasons for delays can help individuals better manage their expectations and make informed decisions.

One common reason for delays in the divorce process is disagreement between the spouses on key issues such as child custody, property division, and spousal support. When couples can’t agree on these matters, it may result in lengthy negotiations or even court hearings, which can significantly prolong the divorce proceedings.

Another potential delay arises from the legal requirements that must be met before a divorce can be granted. In Texas, for example, there’s a mandatory waiting period of 60 days from the date the divorce petition is filed before the court can finalize the divorce. Additionally, if there are any errors or missing documents in the paperwork, it can cause further delays as the court may require the necessary corrections to be made.

It’s also worth mentioning that the complexity of the divorce case can impact the timeline. If there are substantial assets to be divided, businesses involved, or if one spouse is seeking a fault-based divorce, the process may take longer due to the additional legal and financial complexities involved.

Tips for Navigating the Divorce Timeline

When managing the timeline of a divorce, individuals can employ several helpful strategies to navigate the process smoothly and efficiently. Here are some strategies for a smoother divorce process:

• Open and Honest Communication: Maintaining open and honest communication with your spouse can help facilitate a more amicable divorce. By discussing important matters and reaching agreements on key issues, such as child custody and property division, you can avoid unnecessary delays and reduce the need for court intervention.
• Seek Professional Guidance: Engaging the services of a qualified divorce attorney can provide invaluable support and guidance throughout the process. An experienced attorney can help you understand your rights, navigate the legal system, and ensure that all necessary documents are filed correctly and on time.
• Consider Mediation: Mediation is an alternative dispute resolution process that can help divorcing couples reach mutually acceptable agreements without going to court. By working with a neutral mediator, you can address your concerns and find solutions that work for both parties, potentially expediting the divorce process.
• Stay Organized and Prepared: Keeping all relevant documents and records organized can save time and prevent delays. Make sure to gather and organize financial records, such as bank statements, tax returns, and property documents. Additionally, stay on top of deadlines and court requirements to ensure a smooth progression of your case.

Conclusion

In the journey of divorce, time can feel like an eternity. Symbolizing the pain and longing for closure, the Texas divorce process can take anywhere from 60 days to several months or even years.

However, by understanding the factors that influence the duration, seeking efficient methods, and being prepared for potential delays, individuals can navigate this challenging timeline with knowledge and empathy.

Remember, the end of one chapter paves the way for a new beginning. Find us at Andrea M. Kolski Attorney at Law or contact us on our website if you need further information or assistance!

Alcohol and driving don’t mix. Texas takes driving while under the influence, DWI, very seriously and drivers should always be careful before taking the wheel. Over the course of a year, there were 69,643 drunk driving arrests in Texas alone. Tragically, of those instances, 1439 resulted in death.

It’s common for impaired drivers to assume they are ok to drive. Oftentimes drivers are unaware how alcohol or other drugs impact their driving ability. It’s not until they see the blue lights in the rearview mirror and pulled over by Texas law enforcement that the reality of their decision hits home.

Don’t assume you can have a few drinks and avoid trouble. That’s rarely the case. Before risking a DWI or risking your own safety and the safety of others on the road, be aware of the alcohol driving limit in Texas to stay on the right side of the law.

What’s the Alcohol Driving Limit in Texas?

Like most states, Texas has very precise laws around drinking and driving. These include the Texas Implied Consent Law, which means that a driver cannot refuse a blood alcohol test if an officer pulls them over.

The legal alcohol driving limit is a BAC of 0.08% for ordinary drivers. However, if you have a commercial driver’s license, the legal Texas blood alcohol limit is 0.04%, whether you are driving your company or personal vehicle.

What if A driver is Under 21?

The legal drinking age in Texas is 21, so it’s illegal for anyone under 21 to consume alcohol. Because of this, anyone under 21 driving with any amount of alcohol in their system is illegal.

Many young drivers don’t realize that taking the wheel with ANY amount of alcohol in their system can lead to a DWI charge. So, If you are under 21 and caught drinking and driving, you could get charged with driving while intoxicated (DWI) regardless of the blood alcohol (BAC) in your system..

Penalties for DWI in texas

Most often, you could get up to three separate penalties depending on how many times you’re caught driving with a blood alcohol limit above 0.08%. These penalties increase in severity each time you are convicted of an offense. The penalties of a DWI include:

First Offense:

• You could face a fine of up to $2,000
• If you’re convicted, you could face up to 180 days in jail (three are compulsory)
• You could also have your license suspended for up to a year

Second Offense:

• You could face a fine of up to $4,000
• If you’re convicted, you could face up to one month to a year in jail
• You could also have your license suspended for up to two years

Third Offense:

• You could face a fine of up to $10,000
• If you’re convicted, you could face from 2 to 10 years in prison
• You could also have your license suspended for up to two years

Over and above the fines for the infraction, there is also a fine from the state for either $3,000, $4,500, or $6,000 upon sentencing.

Penalties for DWI with Child Passengers

Drivers can be charged with child endangerment if they are caught with one or more children under 15 in the car while exceeding the blood alcohol limit.

Additionally, you will be fined anywhere up to $10,000 and could face up to 12 months in jail. You will also have your license suspended for 180 days.

Texas Open Container Laws

Many don’t realize that simply having an open bottle of booze in the car can spell trouble. In Texas, travelling in a motor vehicle with an opened container of alcohol is illegal, whether you were consuming the beverage or not. If you’re interested in learning more about Texas open container laws, you can read the bill here.

The High Cost of a DWI

The financial pain of a DWI can be devastating. People facing a DWI charge may think it’s too expensive to hire an experienced DWI lawyer- but going alone could be much, much worse in the long run. Don’t underestimate just how much a DWI will cost you financially over time. A DWI alone can cost upwards of $15,000 for a first-time DWI conviction- and that’s before factoring in the inconveniences of reporting and the impact of a conviction on your record.

There are many factors involved with DWI punishment that most people fail to consider. Aside from the annual cost due to your insurance premiums increasing after a claim- which can go up 25% or more after a conviction- there are several other costs are involved with a DWI. Let’s break it down:

• Bail: $150 – $2,500
• Car Related Costs (towing, impound, etc.): $100 – $1,500
• Attorney: $2,500-$5,500
• Court Fines: $150 – $2,000
• Court-Mandated Addiction Education: $1,000 – $2,500
• Licensing Costs: $150
• Jail Costs (fee, time, and sentencing): $590 – $630
• Testing Fee (e.g. urine test): $90
• Probation Supervision: $600 – $1,300
• Ignition Interlock Device (Breathalyzer): $500 – $1,500
• License Reinstatement Fee: $20 – $100
• Community Service Supervision: $60
• Alternate Transportation: $100 – $1,000

Added together, you’re looking at between $6,000 and $19,000 or even higher if it’s not your first offense. If you factor higher insurance premiums into the costs, the total now sits between $6,400 and $29,000. And we haven’t even calculated the extra cost for any injured persons in the accident, which could run into the thousands in addition to potential lawsuits.

Furthermore, there are other unseen costs that add to the pain such as missing work to appear in court, arranging for a ride, or childcare. Most employers don’t look favorably on an employee who misses work due to a mandatory DWI court appearance.

The potential cost is even greater if you’re a commercial driver, like an Uber, taxi, or truck driver. While your license is suspended, you are unable to work, and you risk losing your job entirely.

It’s a fact that when applying for any job, driving or not, a DWI conviction never looks good. It’s also an easy excuse for a company to deny you an offer or even limit your benefits. An employee with a DWI conviction is a potential liability to any company and they will avoid putting themselves at risk.

Tips to Avoid a DWI

Put simply: don’t drive if you suspect you may be impaired in any way. Unfortunately, circumstances arise and people sometimes take the risk because they have to work in the morning, they don’t want to leave their car away from home, they have to be somewhere else, etc. Regardless of the situation, it’s important to remember what’s at stake. Here are some steps you can take to stay safe and avoid a DWI:

• Organize Uber rides for the times you know you’re going to be drinking
• Appoint a designated driver from your group before heading out
• Check any medication interactions and side effects before consuming alcohol
• Ensure your phone battery is full before leaving the house
• Eat a decent meal and don’t drink on an empty stomach
• Intersperse your alcoholic beverages with water
• Plan ahead if you’re in an area where rideshare may be hard to find
• Avoid driving late at night after 10:00 if possible
• Make sure your transport apps have your credit card information already loaded and properly set up

Charged With a DWI? We Can Help

Getting a DWI can be stressful, expensive, and has the potential to ruin your future. But with the right legal help, the impact to your life can be minimal- or even dismissed. Getting an experienced DWI lawyer on your side is your best chance at minimizing the impact of a DWI on your life.

Beyond the legal costs and potential jail time, the real world consequences of a DWI can be severe. Employers can deny a job for a DWI conviction in your past. Landlords can see your DWI on public databases which can impact your ability to rent an apartment or other property. A DWI on your record can impact potential loans or mortgages from banks and financial institutions.. The social stigma from a DWI can affect your relationship with friends, family, and even neighbors. There is no doubt that getting convicted of a DWI can make a big mess in your life.

Plan ahead and be responsible about your alcohol consumption. If you’re going out, organize a designated driver or hail an Uber or Lyft. It’s safer for you and those around you.

Don’t assume a DWI won’t impact your life. Odds are, you’ll feel the consequences for a very, very long time if you don’t get the right legal help. The smartest move is to hire an experienced DWI lawyer.

Texas courts are among the toughest in the nation. Texas has a 95% conviction rate when a defendant lacks experienced legal representation. So, this is not the time to gamble with your future. Montgomery county DWI attorney Andrea M. Kolski has over 20+ years of experience fighting DWI charges in Texas courts. She has secured complete dismissals or severely reduced charges for countless clients facing DWI charges. Andrea’s track record of success is second to none. Go to www.nonstopjustice.com to contact our office for help.

Protecting children is a top priority for community leaders and lawmakers alike. However, lawmakers struggle to keep up with rapidly changing technologies and their widespread use among minors and adults alike. Social media apps, internet, and gaming platforms such as Xbox, Playstation, or phone games, can make it easy for minors to interact with complete strangers. These technologies have made these challenges more difficult as old laws fail to adequately address the issues presented by the evolving tech landscape.

Social media and it’s many forms can be problematic for lawmakers who seek to protect children while also respecting the right to privacy, free speech, individual freedoms, and other protected rights of citizens. Adding to the confusion are the rise of artificial intelligence, misinformation, bots, and fake online personas. In 2022 alone, Facebook attempted to remove over 1.5 billion fake accounts. The percentage of fake accounts on other platforms such as Instagram, Snapchat, are likely similar. In our modern world, it’s becoming more difficult to know what’s real and who is real online.

The proliferation of fake accounts make it difficult for kids and/or adults to know who’s on the other side of the screen, app or game controller. Even with advanced filters and software protections, one can easily be fooled by an imposter or potential predator. The old saying “trust no one” certainly applies to all of these popular platforms.

Meanwhile, it’s estimated that 20% of all children receive an unwanted sexual solicitation online every year. On top of that, about 3% of children receive an aggressive sexual solicitation in a given year. Experts estimate that there are about 50,000 predators on the internet who sexually solicit minors.

However, there are a lot of nuances to charges of online solicitation of a minor and gray areas where innocent people may unknowingly cross the line. It is necessary to understand these nuances to comprehend the nature of a specific charge.

Understanding more about these different types of solicitation charges can also make it easier to understand what kind of online activities are prohibited by the law for the protection of minors and how to avoid any activity that could cross the legal line. So what are the different kinds of online solicitation of a minor?

Read on to learn all about these different types of online solicitation charges.

Grooming Violates Online Solicitation Laws

Online solicitiation charges are nothing to take lightly. When facing an online solicitation charge, it is essential to find the best defense lawyer Texas has to offer. The punishments for online solicition are severe and can lead to imprisonment as well as sex offender registration. Additionally, Texas courts have the highest conviction rates in the nation and routinely seek the harshest punishments possible.

Even in Texas one is considered innocent until proven guilty and there is a lot that a criminal defense attorney can do to help defend people who have been accused of such crimes. So what are the common types of online solicitation of a minor?

Grooming is one of the subtler activities that can lead to online solicitation charges. Grooming is a process that attempts to make minors more vulnerable to sexual exploitation later on.

For example, a predator might spend a lot of time getting to know a minor target. They might give them many compliments and provide them with a lot of attention. Over time, groomers might attempt to escalate to more sexual behaviors.

Grooming can also involve giving gifts. It can include anything that leads minors to become susceptible to sexual advances.

Groomers may also attempt to exploit minors by introducing them to pornography. Some predators imagine that simply building a friendly relationship and emotional connection with a minor does not make them vulnerable to online solicitation laws. However, the more sexual such conversations and relationships become, the more seriously they will tend to violate solicitation laws.

The Dangers of Sexting

In other cases, online predators think that they might not be vulnerable to solicitation laws as long as they do not request that the minor in question engage in sexual behaviors. However, a court will often determine that an adult sending explicit images or messages to a minor will count as an attempt to solicit sex. That applies even if the minor is participating and seems willing to receive such messages.

Some people assume that they will not be guilty as long as they do not send any videos or pictures. However, sending explicit text messages to a minor can also count as a solicitation. Of course, that goes double if someone attempts to persuade a minor to send their own sexual messages, pictures, or videos.

This applies no matter which platform is used for communication. These days, minors are using dating and social media platforms more than ever. In some cases, this can lead to accidental solicitation of a minor.

Some people also meet minors on online gaming platforms. On such platforms, it is often impossible to verify someone’s age. Even asking questions about a minor’s sex life can count as a solicitation.

Sometimes, minors even accidentally create child pornography. They may not realize that creating sexual videos or images of themselves can count as pornography. There is also an increasing prevalence of undercover sting operations. The police may pose as minors in an attempt to find online predators.

It is important to make sure that you are speaking with an adult before engaging in any kind of sexting behavior.

Solicitation of Prostitution Applies Online

Of course, literally soliciting a minor for sex is the classic example of online solicitation of a minor. In some cases, people attempt to persuade minors to agree to sexual activities by offering them payment. This payment can take the form of money or even gifts in some situations.

Again, this applies no matter what platform is being used for communication. Some people solicit someone for prostitution without even realizing that they are a minor.

That can be more likely to happen if a minor has ended up participating in a prostitution ring. However, it can also apply if a minor is offering to sell pictures or images on popular dating platforms. In such cases, you will need the help of an online solicitation lawyer.

Arranging Sexual Travel Plans

Some people imagine that they will not be guilty as long as they do not intend to carry out any plans to travel for sex. However, even making such plans with a minor can count as online solicitation of a minor. Arguing that the plans were only a fantasy will generally not be enough to escape an online solicitation charge.

Know the Different Types of Online Solicitation of a Minor

Facing a charge of online solicitation of a minor can be devastating. It is essential to understand the different types of online solicitation of a minor. That can clarify your legal situation and options.

Finding the right online solicitation lawyer can be essential to defend against this serious charge. Defense attorney Andrea M. Kolski has a twenty year track record of success defending those accused of online solicitation and other offenses. To learn more about how you can find the best criminal defense attorney for your situation, reach out and get in touch with us here at any time!

Maybe you’re worried about hiring an attorney that’s unfamiliar with the type of case you need help with. Instead of letting your mind race with all this anxiety, follow the guide in the blog post below.

This post contains a list of seven questions to ask before hiring a criminal law attorney. These questions can help you figure out if you’re comfortable with an attorney representing you in court.

You can use these questions to filter out attorneys that give unsatisfactory answers or find attorneys that provide smart answers that make you feel like you’ll win your case.

Be sure to ask your attorney questions about your specific case. Some attorneys are well-versed in one type of case but may lack experience in other types of cases. Continue reading to learn more about the questions you should ask before you hire an attorney.

1. What Is Your Experience in Handling Cases Like This?

No matter what type of charge you’re trying to fight, it’s important that you find an attorney that’s familiar with cases like yours. For example, anyone dealing with a DWI charge should try to find the best attorney in the area for DWI cases.

Many attorneys will claim that they can fight any case, but it’s important to find out more about their experience when you’re seeking legal help.

2. What Is Your Approach to Handling Cases?

Attorneys will have a wide variety of answers to this question. Some might say that they immediately try to consult with the prosecutor to find a settlement agreement.

Other attorneys may say they are fighting tooth and nail to get the prosecutors to drop all charges. Figure out what type of approach you’re comfortable with, and then hire a lawyer that wants to take that approach.

3. Who Will Be Working On My Case?

When you’re talking to an attorney, make sure you’re talking to the person who will be working on your case. Some attorney offices will blow you away with one attorney, then assign another attorney to your case.

Of course, many law offices will have multiple people working on your case at the same time. Try to make sure the people working on your care have experience and know what they’re doing.

4. What Is Your Fee Structure?

Most attorneys will charge you based on the number of hours they spend working on your case. Some law offices will charge an upfront fee o top of their hourly fee structure.

You may be able to work something out with the attorney’s office so that you don’t have to pay the entire fee right away. Be sure to ask your attorney if they have any options for payment plans.

5. What Is Your Availability?

Before hiring an attorney, make sure they have the bandwidth to work on your case. The last thing you want is to hire an attorney that barely makes time for your case.

That said, you don’t want to hire an attorney that has a lot of free time. An attorney with a lot of free time is likely struggling to find clients. Interview different attorneys and find one that says they will have plenty of time to work on your case.

You should also find out how often they would like to meet with you to review the case and provide you with updates.

6. What Is Your Relationship with the Prosecutor’s Office?

A good attorney will have a strong relationship with the prosecutor’s office. Criminal defense attorneys have to work alongside prosecutors when they take on a case.

Each side has to collect and share evidence and may have to work together to figure out plea bargains. When you’re talking to attorneys, try to figure out if they have a working relationship with the local prosecutors.

If the attorney has a good working relationship with the prosecutors, that relationship could help you out during your trial.

7. What Is Your Track Record in Trials?

Everybody wants to hire an attorney who wins more than they lose. Don’t be afraid to ask the attorney about their track record in trials, as it could be the difference between you escaping charges or paying hefty fines and possibly serving jail time.

Some attorneys may not have a strong record of getting their clients off the hook completely, but they are good at negotiating plea bargains. Plea bargains can sometimes include a clause that the charges are removed from your record.

You may also consider asking your attorney about the difference between non-disclosure and expungement of a record. If you do have a record, or you’re trying to get a mark off your record, you need to know if the attorney can get the mark removed (expunged) or simply enforce a non-disclosure, which means the court seals your record from public exposure.

Analyzing the Best Questions to Ask a Criminal Law Attorney

Now that you’re familiar with some of the most important questions to ask a criminal law attorney, you’re ready to start looking for an attorney that can help you with your case.

You may end up interviewing multiple attorneys and comparing their answers to find an attorney that you feel comfortable with. When you’re ready to get started, get in touch with Nonstop Justice.

It can be tempting to represent yourself, especially if you believe you’re innocent. Many believe they can save money and/or time by going it alone. Sadly, when reality hits, it’s often too late to undo the damage done when representing yourself.

Self-representation and hiring a lawyer is the difference between idealism and reality. In an ideal system, everyone would get a fair shake and citizens could simply have their day in court with an unbiased judge and honest, transparent law enforcement and prosecutors. But, in Texas’ overburdened justice system, the reality for defendants is far more scary.

Wondering if you should hire a defense lawyer in Texas? Keep reading to make an informed decision.

Lawyers Know the Legal System

One of the main reasons that you should hire a defense attorney is their practical knowledge of the Texas legal system. Put simply, their expertise can make or break a case. The best defense attorneys have extensive courtroom experience and insight they can bring to the table. In the brutal world of Texas courts, there is no substitute for experience. An experienced Texas defense attorney will provide you a better understanding of your case as well as the best strategies for your defense.

For example, an experienced defense attorney will thoroughly understand how evidence may or may not help a case, potential legal loopholes, or the particular inclinations of your judge. All of these factors can have a major impact on the outcome of a case.

If you are trying to defend yourself, even if you’re completely innocent, it’s easy to miss critical points of a case that could have disastrous results. An experienced defense lawyer can help avoid these problems.

In addition to knowing the legal system, they also know and understand how court works. That means that they know what to expect and can prepare for it. They also know how evidence should be handled.

Because of their knowledge, they can much more easily shift in court if something goes wrong or changes paths. This can be a huge advantage to you rather than trying to do it yourself, especially since this may trip you up if something shifts.

For instance, in court you may be starting with trying to get rid of a misdemeanor charge, but the prosecution finds different evidence that can turn into a bigger charge such as a felony. Few people would know how to respond and what legal options are available to them without an experienced lawyer by their side.

Protect You From Penalties

Money is usually the biggest reason people forego hiring an experienced defense attorney to represent them. However, in reality, going it alone often costs much much more in the long run. Aside from fees and penalties that an attorney could negotiate away, the financial impact of missing work to prepare and defend yourself can be significant. Additionally, if you lose, you could lose everything. When considering the cost of an experienced defense attorney, ask yourself how much your freedom and your future is worth? For most, there is no price too high to protect their life and their future.

If you have been falsely accused of something, the best defense lawyer can work to reduce or completely remove penalties for something that you did not do. Even if you’re guilty, your lawyer can offer alternatives that can alleviate financial penalties and fees. An experienced defense attorney can basically act as a shield against prosecutors by proving your case. This can help you avoid getting any penalties such as fines and even jail time.

If you are found guilty, a lawyer can still help. They understand how to negotiate with the court to potentially reduce the sentence that you receive as well as any fines that may have been imposes upon you.

Lawyers Have More Resources

As an individual, you most likely do not have the same resources that a lawyer can have. They can help you find witnesses, prepare a strategy, and gather any evidence that can help you. However, they also have more resources.

For instance, if you need to prove a point or need help with your case, a lawyer can help find you a private investigator or expert witnesses to help defend you.

If you are representing yourself, you can still go out and hire a private investigator and a witness, however, it is going to be a lot more expensive and a lot more time-consuming.

Save You Time and Money

One of our most precious resources is time. Going through a criminal case, filing legal paperwork, following up on your case, and finding all the resources that you need to prove your case can be extremely time-consuming.

This not only takes time away from other things you are doing but can generate a lot more stress.

Not only that, but when you hire an attorney, you are also going to save money. Sure, you are spending more money upfront, but over time you will be saving money because you aren’t spending it on things that don’t matter.

Instead, you’re spending it on someone who can dramatically improve your odds of winning your case.

Help Protect Your Future

When you hire a lawyer, you are most likely doing it because you want to have a future. Any charges that you have against you can drastically impact your future. This could be your future employment and so many other things as well.

Expert lawyers who know what they are doing are able to protect your future by making sure most things are expunged from your record. This can help you live a much more normal life than you otherwise would.

Hire the Best Defense Attorney

Let’s face it, nothing good is ever cheap. The same rule applies to defense attorneys. You pay for quality. The best, most experienced defense attorneys can give you the best shot at prevailing in court or negotiating a positive outcome. Their experience could mean the difference between your freedom or a life of struggle. Therefore, the most experienced defense attorneys won’t be cheap.

If you find yourself in need of a defense attorney, the last thing you want to do is try to figure it out on your own. This is not a time to let pride or pinching a few pennies destroy your chance at winning a case.

Instead, you should hire a defense attorney to help you. It’s a fact that even attorneys hire attorneys to represent them when needed. That alone should tell you something about the court system.

Hiring an experienced defense attorney can insure a better outcome to help protect your future. Their experience and knowledge in the field gives them a huge leg up. Not only that, but hiring a lawyer will help save you a lot of money down the line.

Need an experience defense attorney on your side? Top Texas Defense Attorney Andrea M. Kolksi has over 20+ years winning in the toughest Texas courts. Her record of victories and dismissals is second to none. If you or a loved one is in need of legal help, contact us to review your case and see how we can help.

Everyone makes mistakes, but some are far graver than others. While you may have become a better person since your arrest, your criminal record can cripple your chances of living a normal life. 60% of former convicts have difficulty finding a job.

Even those who were able to find work struggled with job security. Fortunately, there are two things you can do to give yourself a clean slate. In Texas, you can request non-disclosure or expungement of a record.

Both can help you get your life back on track but have different processes and eligibility requirements. To find out which is best for you, it helps to understand them in depth. Read on to learn the difference between non-disclosure and expungement of a record.

What is Non-Disclosure?

A non-disclosure order seals your criminal record from most public entities. This means legal entities and law enforcement cannot share information about the sealed offense. However, some agencies will still have access to your criminal charges.

The record still exists – it is not deleted or destroyed. Some government entities, justice, and licensing agencies will still be able to view your criminal records. This can prevent you from applying to particular jobs, like government positions.

Aside from job applications, you don’t have to disclose sealed information on loan or school applications. This can also help with credit cards.

Who is Eligible for a Non-Disclosure Order?

Ex-convicts who have pled no contest or are guilty of an offense can petition for non-disclosure. If you’ve completed your probation, your records are eligible for sealing. However, it’s crucial to remember that a non-disclosure order applies to only one offense.

If you don’t opt for multiple orders for other offenses, they will still appear on your record. You can have your records sealed if:

• The court placed you on deferred adjudication, and you have completed it
• You weren’t convicted during your deferred adjudication or before you filed for a non-disclosure order, and
• If you waited the appropriate amount of time before applying for non-disclosure

In Texas, you must wait a certain period before petitioning for a non-disclosure order. If you committed a felony, you must wait five years. If you committed any of the following acts, the waiting time is two years:

• Assault
• Domestic violence
• Disorderly conduct
• Gambling
• Kidnapping
• Smuggling
• Weapon offenses

Misdemeanors, like driving while intoxicated or petty theft, have no waiting time. Certain criminal offenses can also disqualify you from seeking a non-disclosure order. These are the following:

• Murder or capital murder
• Any offense that would require you to register as a sex offender
• Child endangerment or abandonment
• Injuring a child, disabled or elderly person
• Family violence
• Violating a bond condition of family violence
• Violating a protective order
• Aggravated kidnapping
• Human trafficking
• Stalking

If you have not committed any of the acts listed above, talk to a lawyer to know more about your options.

What About DWI Cases?

Texas released new laws that make DWI cases a little more complex. DWIs classify as misdemeanors. If it is your first time, you may be eligible for an automatic non-disclosure.

You must also meet the following conditions:

• Your blood alcohol concentration was less than 0.15
• You were not placed on deferred adjudication or convicted of another crime
• You must not have any prior criminal history
• You paid all the fines
• You have completed community supervision and served any jail time

You are not eligible for non-disclosure if your DWI case resulted in the injury or death of another person. Talking to an accident attorney might be the best course of action if you’re looking for other options.

What is the Expungement of a Record?

Expungement of a record, also known as expunction, gives you a clean slate. While expunctions are rare, the hassle can be worth it if you are eligible.

Studies show that 4-6% of incarcerated individuals in the US are innocent. The expunction of a record was designed to help these individuals.

If your expunction is successful, the concerned charges will no longer appear on your record. Overall, this is the best way to deal with the consequences of a conviction.

Who Qualifies for Expunction?

You can still qualify for expunction if you were found guilty. This only applies if:

• The court dismissed the charges
• Court officials did not present charges
• You did not get charged within the statutory period
• The charge did not result in a conviction, and the case is not pending
• Arrested but not charged

Expungement of a record also favors minors who committed specific alcohol or misdemeanor offenses. However, this does not immediately mean you will get an expunction. You may not be eligible for an expungement of record if:

• The court placed you on probation or deferred adjudication
• You have committed a felony within five years of the record you want to be expunged
• The statute of limitations for a felony charge has not yet expired

There is also a waiting period before you can seek an expunction. If you committed a class C misdemeanor, you may file for expunction after 180 days of the arrest. The waiting time for Class A and B misdemeanors is one year; and three years for felonies.

What Happens After a Non-Disclosure or Expungement of a Record?

After a successful non-disclosure or expunction, you may reintegrate yourself into society. With an expunction, you can deny arrests as though they had never happened. If you get arrested again, the expunged criminal record cannot be used against you.

With non-disclosure, law enforcement can still access your criminal record. However, it will not be available to landlords and most employers.

Defense Law in Texas: Hire an Attorney Today

Records of an arrest, even if you were not convicted, can prevent you from finding a job or a home. Don’t let your past mistakes prevent you from living a normal life.

Of course, it’s best to have an expert by your side. With 20 years of experience, Andrea M. Kolski can review your case and find the best possible outcome. Contact her firm today to learn more about applying for a non-disclosure or expungement of a record.

A criminal or civil defense attorney can help you avoid hefty fines and jail time. Read on to learn some situations where it’s important to get legal help ASAP.

1. You Want to Win

If you’re the defendant in a criminal case, you’re guaranteed a public defender. Unfortunately, the courts are overloaded with cases and public defenders bare the burden of this workload. Even with the best intentions, it’s nearly impossible for a public defender to devote the time necessary to adequately defend your case. They are often forced into accepting plea deals in order to avoid the heavy lifting of an actual trial. It may not be fair, but it’s the reality of our overworked court system.

National standards recommend that public defenders handle under 150 felony cases, 400 misdemeanors, 200 mental health cases, or 25 appeals annually. These numbers are already high but 60% of public defenders exceed the threshold. Thus, they do not have the authority to refuse new cases as they continue to pile up.

If you’re in a civil case or refuse a public defender in a criminal one, you’ll need to provide your own defense. Heading to court without a lawyer is like bringing a knife to a gunfight. It’s not likely to go very well. Even the best attorneys know to hire attorneys to represent them. Lawyers understand self-representation is a losing bet.

Put simply, defending a case requires a lot of research, legal understanding, and experience. History shows that hiring an experienced attorney is a wise decision that can produce the best possible outcome.

2. The Police Are Investigating You

Most people trust the police have their best interest at heart. This is a mistake. The police are there to enforce the law, not to look out for you. Unfortunately, jails and prisons are full of people who unknowingly spoke to the police without a lawyer present. Whether you’re a witness or suspect, you should never speak to authorities without a lawyer present.

You likely know that “anything you say can and will be held against you” per your Miranda rights. This is 100% true, and saying the wrong thing to law enforcement can help them build a court case against you- whether you know it or not.

Police have a lot of leeway when it comes to the truth- and they can flat out lie in many instances to extract information. A good example is this Louisiana case. Using a single word incorrectly can forfeit your right to counsel… or be used to prove that you’re guilty later, even if you’re innocent.

A defense attorney will serve as a legal confidante. You can tell them anything about your case and get advice on what to say. They can help you talk to the authorities and avoid saying the wrong thing.

It’s always a good idea to have an experienced attorney on your side when dealing with law enforcement.

3. Jail Time Is a Possibility

Time behind bars is serious business, whether it’s in a county jail or a state prison. Even a short stint can ruin your life. It’s important to work with a criminal defense attorney to avoid jail altogether if possible.

Experienced attorneys know time is of the essence in criminal cases. Therefore, they understand that prosecutors are more likely to work with them early in a case to hopefully avoid more work in the future. An experienced attorney can use this to your advantage when negotiating with the court.

If jail seems imminent, an experienced defense attorney can work to secure a shortened sentence or get credit for time served, etc. For example, one might get 6 months rather than 5 years, which can alter the course of your life. Even in the most dire situations, an experienced defense attorney can help you avoid jail altogether.

Hiring a lawyer immediately also gives them more time to prepare your case. If there’s evidence that will exonerate you, they’ll have more time to find it.

4. Police Are Searching Your Belongings

We’ve all seen it on countless crime shows and movies- the dreaded police search. Most people believe if they’re innocent, they have nothing to hide. Once again, those assumptions could cost you your freedom. While it’s true that that authorities must have a warrant to search your home, that doesn’t mean you don’t have rights. Having a defense attorney will insure your rights are protected and that any searches of your property follow the letter of the law.

Probable cause is the rationale behind most property searches. Whether it’s your car or home, a search means the police believe there’s evidence or information to help them with a case. It’s important to remember, the police are there to enforce the law, not look out for your best interest. Therefore, a defense attorney is often the only thing standing between you and the power of the state.

The bottom line is this: if a search is being conducted in your home or car or place of work, contact your defense attorney immediately. Even if you are not involved in a crime or believe you’re a suspect, you can easily get caught up in a case without knowing it. Your freedom could be at stake. Having a defense attorney is the best insurance against a police search gone awry.

5. You Want a Record Expunged

If you have already been convicted of a crime in the past, that record is likely to stick with you for life. A quick internet search can reveal decades-old convictions or long-forgotten legal issues. These records can have terrible consequences throughout your life. Having a record can impact your ability to find a job, secure a bank loan, rent an apartment, or even get a date! A stained reputation can be an albatross around the neck for life.

Luckily, there are ways that you can expunge some criminal records. This means that they’ll be cleared from your records and you’ll have a clean slate.

Depending on the type of offense and the circumstances, it’s possible a defense attorney can help you clear your records. Texas has recently passed legislation to help many people looking to clear their records and start fresh. However, the requirements and filing protocols can be complicated and time consuming.

An experienced attorney can review your situation and determine whether you qualify for an expungement or non-disclosure. This can save you countless hours of time and possibly give you the fresh start you deserve.

Ready to Hire a Defense Attorney?

Now that you know some of the ways a defense attorney can help you, it’s time to find the right one for your situation. Texas defense attorney Andrea M. Kolski is a former prosecutor with over 22 years experience in tough Texas courts. Her track record of success is second to none. While no attorney can guarantee an outcome, Andrea has secured countless dismissals and reduced sentences in even the most difficult cases. Her brand, Nonstop Justice is a reflection of her commitment to defending the rights of the accused.

If you or a loved one are facing charges or legal issues, it’s worth talking to an experienced attorney. Contact us today to get started.

For those with a prior DWI, you may wonder if a DWI can be removed from your record? It’s understandable for people who may have made mistakes in the past to want a chance to clear their record and start anew. A DWI can be a dark cloud hanging over your head causing you stress and anxiety. This is especially true if it occurred many years ago.

There may be hope for those looking to move on from a past DWI. However, there are certain criteria that must be met. Before making any assumptions one way or another, it’s best to get as much information as possible. To learn more about the process of clearing up your DWI record, read on.

Getting a DWI Removed From Your Record in Texas

Let’s start with the hard facts. If you have a DWI conviction, it cannot be expunged from your record. But, don’t be discouraged! There’s a difference between expungement and non-disclosure. For many people, a non-disclosure can be a total game changer. See the differences below to understand which scenario might work best for you.

It’s worth noting that any conviction originating in a DWI charge is not eligible for being expunged. For example, if you were arrested on a DWI charge but eventually convicted of a minor traffic offense, you will be unable to remove this conviction from your record.

But there is some good news. In many cases, a DWI arrest won’t remain on your record forever. Even a full DWI charge can be wiped clean if it did not result in a conviction.

Expungement

An expungement means wiping a charge off your record totally. There are certain factors that may make your case eligible for expungement.

One of the clear factors that makes expungement likely is if the charge was thrown out by a judge and you received no conviction at all based on the charge. This demonstrates that the initial charge was likely in error, so there’s no need for you to face continued consequences.

The final criteria that may qualify you for expungement is if your charge originated when you were a minor. If you only received one conviction for DWI and you complied with all subsequent court orders, you may be eligible to have your record wiped clean.

If you don’t meet any of these criteria, it’s unlikely that you will be able to get an expungement. If that’s the case, you can explore alternative options that may suit your desire for a fresh start. Non-disclosure could be a great option.

Non-Disclosure

If expungement can’t happen for one reason or another, non-disclosure could be the best alternative. Non-disclosure means that your conviction won’t be available to the public and may not show up in various searches. For example, an employer conducting a standard background check would be unlikely to find evidence of the charge.

While a non-disclosed DWI can’t be accessed by the general public, the DWI will remain on file. It’s important to remember that the charge will still remain on your record and will be relevant in case of any future criminal charges against you.

But non-disclosure is a very popular option for those looking to simply clean up their public record for a job, financial applications, or even dating/social websites. With a non-disclosure, you can be confident most people will never know about your past DWI mistake.

There are several important criteria that must be fulfilled in order for you to be eligible for a non-disclosure. First off, your conviction must not have been a class A misdemeanor. You also need to show your blood alcohol content at the time of arrest was no more than 0.15.

You’ll also need to prove that you paid all relevant fines and completed your sentence. Finally, you must prove you learned your lesson by demonstrating you have no other major traffic offenses on your record. The courts need to see that you’ve paid the penalty and you’re now safe to be on the roads again.

Long-Term Impact of a DWI Charge Record

It’s important to understand the long-term impact of having a DWI on your record. When you have a DWI charge on your record, it can follow you everywhere you go. You may find yourself ineligible for certain jobs, especially driving jobs.

You may find yourself unable to drive if your license is taken away. This can further impact your employment prospects, leaving you unable to commute to your workplace. If you don’t have access to public transport or someone willing to drive you around, you could struggle to hold down a job.

Remember, for a first DWI offense, you could lose your license for two years. Further offenses come with harsher punishments. How will you navigate the tasks of daily life without a vehicle?

If you do have a license, auto insurance rates may be higher for you. Insurance companies demand extra payment from someone with a DWI conviction.

A charge can also make things more difficult for you in terms of education. Many schools exclude those with DWI records from receiving scholarships. You could lose out on thousands of dollars worth of education.

Put Past Mistakes Behind You

The filing requirements and eligibility for expungement and non-disclosure can be complicated for those unfamiliar with the Texas legal system. Hiring an experienced Texas lawyer is a smart move that will save you time and relieve the stress of getting it done right. And that’s the whole point, isn’t it? Montgomery DWI lawyer Andrea M. Kolski has helped countless clients get their expungement or non-disclosure done without hassle.

Whether you’re trying to get a DWI removed from your record or facing current criminal charges, get expert legal advice and protect your rights. Luckily, you’re just a click away from a top expungement and non-disclosure lawyer to review your case today!

Former Texas prosecutor Andrea M. Kolski founded the law firm Non Stop Justice because of her commitment to justice for all. With over 20 years of criminal defense experience, we’ll fight tooth and nail for you. Contact us today to find out more about expungement, non-disclosure, or other criminal defense help.

These are sobering statistics. However, when it comes to domestic abuse, there are a wide array of definitions and circumstances that come into play before drawing any conclusions.

Unfortunately, false accusations of abuse are a growing problem throughout the US. False accusations hurt the wrongly accused, their families, their future, and can have a negative impact on law enforcement. With limited resources, law enforcement redirects efforts from helping actual victims to pursue falsely accused people who are often found innocent. False accusations are a lose-lose for everyone involved.

Everyone agrees that domestic abuse must be stopped and victims should be able to get help. But the consequences for those wrongly accused of abuse can be equally as devastating and there are very few resources for the innocent to defend themselves. When facing false accusations of abuse, it’s important to know what to do and how to stand up for your rights.

It’s important to understand the implications of Texas domestic assault laws and the impact they can have on your life if you’ve been accused of abuse.

Read on to learn more about domestic abuse laws in Texas and the consequences that come with a domestic abuse charge.

Texas Assault Statutes

Texas laws don’t have specific domestic abuse laws. Instead, the domestic abuse laws fall under Texas assault statutes.

That doesn’t mean that Texas doesn’t recognize the unique nature of domestic abuse. They classify these types of cases as family violence cases. This would be a case where there were:

• Assault against a family member
• Assault in a dating relationship
• Assault between those in the same household

If a person has already been charged with assault, additional punishments are included for a domestic abuse charge.

Family Violence Crimes

The Texas statute of Tex. Family Code § 71.004 says that family violence gets defined as an act against a family member that had the intention of causing:

• Physical harm
• Bodily injury
• Assault
• Sexual assault

The statute goes on to define family as:

• Spouse
• Former spouse
• Adopted children
• Foster children
• Parents
• Grandparents
• Parents of the same child
• Foster parents
• Children
• Grandchildren
• Siblings
• Aunts and uncles
• Cousins

Texas defines punishments for different types of domestic abuse. The most common abuse includes domestic assault, aggravated domestic assault, continuous violence against the family, and violation of protective orders.

Domestic Assault

One Texas domestic abuse classification in the law is domestic assault. This includes things like:

• Causing bodily injury to another, purposely or carelessly
• Threatening another with imminent bodily injury
• Engaging in provocative or offensive contact

If one or more of these acts gets done by a family member or household member, then the crime’s defined as domestic assault.

Domestic assault, such as provocative or offensive contact, gets charged as a Class C misdemeanor in Texas. Punishments include a fine of up to $500.

If, during the abuse, the victim suffers bodily harm, the charge will be a Class A misdemeanor. The punishment for this includes up to one year in jail and a $4,000 fine.

There are circumstances where it could also get charged as a felony. If the accused has any prior domestic abuse convictions, new charges would be felony charges. If the assault involved suffocation or strangulation, it will get charged as a felony.

Felony charges carry punishments of 2 to 10 years in prison and a $10,000 fine. These laws fall under Texas Penal Code §§ 12.21, 12.23, 12.34, 22.01 (2021).

Aggravated Domestic Assault

If domestic abuse includes serious bodily injury to another person or involves the use or exhibition of a deadly weapon, the charge will become an aggravated domestic assault.

The law defines serious bodily injury as any injury that includes:

• A broken bone
• Loss of limb
• Injury requiring surgery
• Injury requiring hospitalization

Deadly weapons are also defined in the statute. This would include any weapon capable of causing serious bodily injury or death. This might include, for example, a firearm, a rope, a large hunting knife, or even a baseball bat.

Aggravated assault cases where there was a deadly weapon involved and there was serious bodily injury are charged as first-degree felonies. The punishment includes 5 to 99 years or life in prison and a $10,000 fine.

Other aggravated domestic assault charges get charged as second-degree felonies, which come with punishments of 2 to 20 years in prison and a $10,000 fine.

Continuous Violence Against the Family

Texas also defines continuous violence against the family. If the accused has shown abuse towards the family by committing two or more domestic assaults in 12 months, they are charged with continuous violence against the family charge.

It’s worth noting that the previous domestic abuse charges didn’t have to result in an arrest to count towards this type of charge.

As a third-degree felony, these charges come with a punishment of 2 to 10 years in prison and a $10,000 fine.

Violation of a Family Protective Order

Almost always, a family protective order is issued in domestic abuse cases. This prevents the accused from getting near the family victims in a case.

If a defendant disregards the family protective order, they can be charged with another charge, a violation of a family protective order.

This gets charged as a Class A misdemeanor with charges including one year in jail and a $4,000 fine. Two or more instances where a family protective order gets violated can result in a third-degree felony charge.

Repeated offenses can result in punishments, including 2 to 10 years in prison and a $10,000 fine.

Types of Abuse in Texas

Most people understand domestic abuse and assume there is some physical altercation. Yet, abuse can come in more forms than physical abuse. This includes:

• Physical abuse
• Sexual abuse
• Emotional abuse
• Psychological abuse
• Technological abuse
• Financial abuse

As a victim of domestic abuse, it’s important to understand the many types of abuse so you can defend yourself and bring charges against your abuser.

Legal Consequence of False Accusations

When a person accuses another of domestic abuse or domestic violence, law enforcement is obligated to step in and put a stop to it as quickly as possible. Oftentimes these are personal or family disputes and officers may struggle to understand all of the dynamics at work. Therefore, law enforcement officers will err on the side of caution to protect the victim and allow the court to work out the details later.

If the accusations are false and the accused is innocent, it can be an uphill battle to prove it. Even if the accused are able to clear their name, it’s often a painfully slow and stressful process. It’s not uncommon for cases to take years to move through the court system. For a parent in a contentious custody battle, these are years of parental time that cannot be recovered.

When someone is wrongly accused of domestic abuse, it’s critical to get an experienced domestic abuse lawyer on their side right away. Time is of the essence with domestic abuse cases. For parents or families with minor children, it’s crucial to protect their parental rights and access to the children immediately. Without strong legal help, an accused parent risks losing parental rights or even access to their children while the case awaits a court hearing.

For the accuser, there are also serious legal consequences. Domestic abuse is a crime and in Texas, falsely accusing someone of a crime is, in itself, a crime. If found guilty, the accuser can face serious fines and jail time. An experienced domestic abuse attorney can turn the tables on the accuser and put them on the defensive for their claims.

Defending against false abuse accusations in Texas can be difficult. Getting an accuser to pay for their wrongful claims can be equally tough- but it can be done. With the right domestic abuse lawyer, a wrongfully accused person can get justice and insure their accuser faces the full extent of the law.

Get the Legal Help You Need

A Texas arrest for domestic abuse can have a long-term impact on your life. If you’re being accused of domestic abuse, you need a strong criminal defense attorney to work on your behalf.

You want to hire an experienced attorney who has handled cases similar to your case, so they have what it takes to get you a fair outcome.

Understanding Domestic Abuse Laws in Texas

Domestic abuse laws are intended to protect victims. Unfortunately, false accusations happen and can devastate families and the wrongfully accused. False accusations often happen in contested divorces, child custody battles, or disputes between intimate partners. Regardless of the circumstances, falsely accusing someone of abuse is wrong and there are legal consequences.

If you’re being charged with domestic abuse in Texas, you need a lawyer who knows the law and has experience in handling this type of case. Don’t gamble with your future. Get a domestic abuse attorney who will fight for your rights and protect you and your family. Contact us today so we can get started working for you.

But what happens if the domestic abuse case isn’t as it seems? What happens if one party is trying to frame the other by making false claims? In this case, the defendant needs a domestic abuse attorney to create a great defense strategy.

If you’ve never had to contact a lawyer before, but now have a domestic abuse case on your hands, we’re here to help. We’ve compiled a list of questions for you to ask your attorney. Read on to learn more.

1. Have You Handled a Case Like This Before?

When you’re consulting with an attorney for the first time, ask them whether or not they’ve experienced a similar case in the past. Many criminal defense attorneys, especially if they also work in family law, have dealt with domestic abuse cases at some point, so unless your case is very niche, you should be in luck.

Attorneys with no experience in domestic violence cases can still do good work, but why take that risk? You want to make sure you’re working with someone who’s already had successful cases.

2. What Outcome do You Foresee?

Your defense attorney isn’t psychic, but as long as they have experience with your type of case, they should be able to tell you what you can expect.

When you first speak to your attorney, make sure you give them as much information as possible about your situation. Even if you think something isn’t relevant, include it. If you have documents or evidence, bring it with you.

Using this information, your attorney will be able to more easily “see” how the situation will play out.

The attorney should be able to give you a realistic best-case scenario. Note that things can change and the outcome may be better or worse than expected, but the attorney is making an informed guess. This guess is only as accurate as the information you give them.

3. Is a Trial Necessary, or Are There Alternatives?

Not all cases go to trial, and often, not going to trial is the best option. Plea bargains can also be effective, among other things.

If the idea of going to trial is making you anxious, or if you just want to know about all of your options, talk to your attorney about this early in the legal process.

4. What Is Your Success Rate?

Don’t be afraid to ask your domestic abuse lawyer about their success rate. Lawyers understand that you’re putting a lot of trust in them and that choosing a lawyer with a good success rate gives you a better chance of success yourself.

A good lawyer will be straightforward and honest about their success rate, but keep in mind that it’s helpful to combine their answer with any reviews that are available online.

Also, note that an unsuccessful case is not indicative of a bad or ineffective lawyer. Lawyers try to get the best possible outcomes for their clients, even if those outcomes may not be what the clients hoped for.

5. What Do You Need From Your Clients?

It’s helpful to know what a lawyer will expect from you when you start working together.

Some attorneys prefer their clients to have a “hands-on” approach. They may want more input from clients and take their opinions into account more frequently.

Other attorneys prefer that their clients let them do all of the work. Aside from gathering any important documents or evidence, they want to control the case as much as possible.

Neither of these methods is “wrong.” Some attorneys will leave it up to the client while others have preferences. Knowing what is expected of you ahead of time will be helpful during the case.

6. What’s Your Preferred Method of Communication?

How do you plan on communicating with your attorney? Will your attorney charge you for communication between appointments? You should know these things before you get started working with them.

If you have a preferred method, discuss this with your attorney to make sure you’re aligned. Some attorneys prefer to only meet face-to-face. Some like emails and others prefer phone calls.

Video calls may even be an option if you need them.

7. How Long Will This Case Take?

Again, your domestic abuse attorney is not psychic, but they should be able to give you a reasonable estimate of how long the case should take.

Your attorney understands how emotionally and financially draining cases can be when they take too much time. They won’t feel like you’re rushing them.

8. What Fees Can I Expect?

It’s never a bad thing to ask about the cost of your attorney’s services. Ask them to break down the fees for you so you know that you can afford them.

It’s also helpful to know if they charge a flat fee or if they charge hourly. Again, ask if they charge for communication between appointments as well. Some attorneys will charge for emails and phone calls while others will not.

Is It Time to Hire a Domestic Abuse Attorney?

If you’ve been faced with domestic abuse charges, it’s time to contact an attorney who can help. A good domestic abuse attorney will help you get the best possible outcome for your case.

Keep these questions in mind when you’re consulting with your attorney.

If you’re ready to schedule your consultation, we’re ready to meet you. Contact us to set up an appointment today.

Getting a DWI comes with heavy consequences. They include jail time, heavy fines, and long-term consequences that few people realize until they have a DWI on their record.

We’re here to go over some of the consequences you can expect if you are charged with a DWI in Texas and how you can minimize the impact. Read on to learn more.

Legal Consequences and Penalties

First, let’s break down the legal consequences of getting a DWI in Texas. For simplicity’s sake, we’ve broken them down into different types of offenses. Obviously the penalties and consequences are compounded with repeat offenses.

Here’s a quick breakdown of the legal consequences you can expect if you’re being charged with a DWI.

First-Time DWI

It’s a mistake to think a first-time DWI is no big deal. Quite the contrary. A DWI first offense can wreak havoc in your life.

Jail time is likely even for a first DWI. Generally speaking, a first-time DWI results in a minimum of 3 days in jail. The maximum jail time for this offense, in most cases (assuming there was no property damage or injury as a result of the DWI), is 180 days. Some people also get probation.

You can have your driver’s license suspended for up to one year. The minimum suspension is 90 days.

You will have to pay a fine of up to $2,000 to the state of Texas. In some cases, you may have to continue paying yearly for your license.

You may have to take a driver’s education course or an alcohol abuse course to avoid having your license taken from you.

Outside of the legal consequences, many employers have strict rules around DWI’s and employees. Thousands of companies require employees to report a DWI immediately. Even part-time or gig employers like Uber, Lyft, or Amazon require drivers to report any DWI within a short time of the offense.

Termination from a job because of a DWI conviction is very common. If a driver is found guilty, companies (even part-time jobs) don’t want the liability of a bad driver in their midst.

Don’t let a DWI sneak up and destroy your career. Getting a DWI charge reduced or dismissed is the best way to protect your record and your job.

Second DWI

The consequences of your second DWI will be more severe than the first one. Because it’s a Class A misdemeanor, your fine will double. The fine for your second DWI will be $4,000.

People who commit this crime can spend up to one year in jail. They will lose their licenses for 18 months and will have to pay to get it back after that period of time has passed.

Once again, the consequences outside of the legal arena can be severe. A second DWI conviction can prevent you from getting a job with Uber, Lyft, or many of the most coveted companies in the US. It can devastate your ability to get even part-time employment if driving is involved- or even a driving commute!

It’s worth it to get an experienced DWI lawyer on your side to fight a second DWI conviction. A good DWI lawyer won’t be cheap, but in the long run, it could protect your future potential earnings. Think about that if you’re in this tough situation.

Third DWI

There’s no denying that a third DWI is a major problem. A third DWI is a felony in Texas and the legal ramifications are devastating.

Someone who has three DWIs will go to jail for a minimum of two years and a maximum of ten years. They can be fined up to $10,000 on top of that.

It is possible to get probation instead of staying in jail for the entire duration of two to ten years. A good defense attorney can help you with that.

Anyone facing a potential third DWI in Texas absolutely needs to hire an experienced DWI lawyer to represent them. Going up against Texas courts by yourself or with a court-appointed attorney is a huge gamble that usually ends badly for the defendant.

Hiring a DWI lawyer to fight a third DWI charge won’t be cheap. The skills needed to minimize charges at this level are unique and it takes an experienced, and usually expensive, DWI lawyer to navigate these situations. Don’t risk your entire future if you’re facing a DWI third offense without competent legal help.

DWI With a Child Passenger

Here’s where the risk of DWI involves other people beyond the driver. If there is a child aged fifteen or under in your car at the time of your DWI, even if it is the first DWI, the consequences will be more severe.

This is a felony, not a misdemeanor. People who commit this crime will lose their license for 180 days, pay a fine of up to $10,000, and spend up to two years in jail.

A DWI with a child passenger can spell disaster for anyone in the midst of a divorce or child custody battle. Even years down the road, a spouse can use this against you in a divorce proceeding.

Once again, the best bet is to get a good DWI lawyer or criminal defense attorney to help minimize or dismiss these charges.

Other Consequences and Penalties

Not all consequences and penalties are of the legal variety. There are other penalties that many people don’t think of when they first get charged with a DWI. Here are just a few other consequences you should consider.

The Impact of Having a Conviction on Your Record

A conviction doesn’t look good on your record. Many people will use it against you.

If you’re trying to rent a home, your landlord will see that you have a DWI on your record. While landlords should not discriminate against people with criminal histories, it is not unlikely for your application to be denied as a result, even years down the line.

The same is true of employers, especially if your DWI happened when there was a child in the car or if you’ve had three DWIs. Felonies often restrict people from getting jobs, even if that’s unfair.

In other words, having that DWI on your records will follow you in unexpected ways. Even getting a loan from a bank may become more complicated.

The Cost of Equipment

In some cases, you will have to pay for court-imposed equipment and tools after your DWI. You may need a car interlock device, drug tests, and any classes you’ve been assigned.

The state will not pay for those things. They all come out of your pocket. Many people are surprised to learn this when they get a DWI.

Missing Work or Getting Fired

On top of the expense of paying your fines and paying for tools, classes, tests, and devices, you may find yourself missing work. This will make it more difficult for you to pay for everything.

You’ll miss work for your court dates, any jail time you have to serve, and your classes.

You’ll also be missing out on other responsibilities. If you have children, you may need childcare. You’ll miss out on important events and milestones.

Many employers and companies have strict policies around DWI’s and reserve the right to terminate employees if they get into trouble. Many of the most coveted jobs or part-time driving gigs like Uber or Lyft, can require a spotless driving record. Having a DWI on your record can undermine your ability to work or keep a good job.

Social Consequences

Finally, let’s talk about social consequences. Getting a DWI doesn’t look good to your peers. While it’s not helpful to judge someone for their mistakes after they’ve paid their dues, it’s also human nature.

Thanks to the internet, anyone can look up your record. The stigma around a DWI can cause tension with neighbors, work associates, family or friend groups. It may seem unfair, but it’s the reality we all live with and having a clean record is the best insurance against any negative social consequences.

Don’t Let a DWI in Texas Ruin Your Life

Getting a DWI in Texas is a big deal. The consequences are dire, and they get more serious after each DWI.

Beyond the legal costs and potential jail time, a DWI can have a severe impact on your work, family, and social life. It’s nothing to take lightly.

If you’ve been charged with a DWI, it’s time to hire the best Texas DWI lawyer. DWI lawyer Andrea M. Kolski has over 22 years experience fighting DWI charges in the toughest Texas courts. Her record of dismissals and drastically reduced DWI charges is unmatched. No one can deliver results and protect your future like DWI attorney Andrea M. Kolski. Contact us to get started on your DWI defense today.

It’s not uncommon for contentious divorce cases, child custody disputes, or even a bad breakup to trigger false accusations of assault. Sadly, this can happen when one party tries to get leverage over the over party by using the laws designed to protect us from harm. These accusers often believe that lying about abuse or assault will get them an advantage over their opponent. If the accused doesn’t mount a proper defense, they could be in real trouble, even if they are completely innocent.

If you’ve been accused of assault, don’t assume the system will work in your favor. Texas prisons are filled with people who made the mistake of trusting the system The smartest move when facing accusations is to hire an experienced criminal defense attorney with expertise in defending against assault accusations. A good criminal defense lawyer will offer you the legal support you need to fight those charges and prove your innocence.

We’re here to talk all about assault charges, potential defenses, and the many ways an attorney can help you weather the storm. Read on to learn more.

First: Simple vs Aggravated Assault

There are two primary types of assault according to the law: Simple assault and aggravated assault.

Simple assault means that the defendant knowingly caused or threatened injury to another party. They may also create some form of contact that they know (or should know) would provoke a confrontational response. Assault does not have to be physical, but in most cases, it is.

Aggravated assault carries a more serious charge. In domestic situations, it can be a first-degree felony.

If someone is being charged with aggravated assault, it means they were using a deadly weapon. Deadly weapons can be conventional, like guns or knives, or anything else that someone can wield or brandish to cause harm (even a stiletto heel).

Both of these charges are problematic, but aggravated assault is far more serious and often requires a more experienced criminal defense lawyer to help.

Potential Defenses Against Assault Charges

So what happens when you get an assault charge in Texas? Your Texas assault attorney can help you “justify” your actions if it did in fact take place. We’ll talk more about what happens if the claims were completely false later on.

So how can an attorney justify “assault?” Here are a few options. An experienced assault lawyer can determine which, if any, of these strategies might work for your situation.

Self-Defense

Self-defense is a common option when it comes to dismissing an assault charge. If the defendant was protecting themself, the assault charge is no longer valid.

In the state of Texas, people can defend themselves against violence or even the threat of violence as long as the defense is reasonable. In other words, the defender has to use the least amount of force possible in order to protect themself.

If the assailant slapped the defender, the defender could slap the assailant in return. If they were to use extreme force to defend themself, the “self-defense” defense would be difficult to prove.

The person defending themself can not be the person who provoked the assault in the first place.

In Texas, there is no legal obligation to retreat from an attack. Because of this, self-defense is often employed as a legal defense when it comes to assault charges.

Defense of Property

While this is less common, defense of property is also a valid option. The “Stand Your Ground” law allows people to protect their homes and vehicles against assailants.

If your “assault” was in response to someone trespassing on your property or otherwise causing harm, your lawyer may be able to use this type of defense.

Defense of Others

In the state of Texas, you can use reasonable force to defend others from harm as well as yourself. If you can prove that the other party was threatening or causing harm to someone else, you can justify your assault.

“Unintentional” Assault

This one is tricky. The law is the law regardless of whether or not you knew you were causing harm, but if the “assault” was unintentional, your attorney may be able to use that to your advantage.

For example, let’s say that during an argument with a partner, one person went into another room to cool off. The other person tried to stop them from closing themself into the room by putting their hand in the doorway. When the first person closes the door, not realizing that there’s a hand in the way, they hurt the second person.

While this may look like assault, the “assailant” didn’t mean to do it. They were unaware that closing the door would result in bodily harm.

How an Assault Attorney Helps When Facing False Assault Claims

Todays society is filled with stories of victims and perpetrators. Unfortunately, false accusations by alleged “victims” are also commonplace throughout the legal system. There are any number of motivations behind false accusations which are essentially lies or exaggerations of assault. Contentious divorces, child custody battles, or an embittered ex-partner can set the stage for groundless claims against another. What do you do if you’ve been accused of assault, but nothing resembling assault has taken place?

First and foremost, you call a lawyer. This is no time to take the law into your hands. You need a lawyer to defend you against false claims.

False claims can come from a witness or the affected party. They may not be ill-intentioned (for example, if a witness thinks they saw something they didn’t see), but these allegations are all challenging to fight in court.

Your attorney will do investigative work to help you fight those charges. They may also talk to other witnesses (if applicable) and look for physical evidence that can support you.

In a case in which one party is blatantly lying, a good criminal defense attorney can use cross-examination questions to find the holes in their story and ultimately, catch them in their lies. This type of questioning takes skill and requires an attorney with plenty of courtroom experience.

Don’t let false accusations turn you life upside down. Having a criminal defense attorney on your side can mean the difference between freedom or conviction.

It’s Time to Hire an Attorney for Your Case

Assault is a serious charge. If you’re unable to prove your innocence, it can change your life forever. If you know that you’re innocent, it’s time to work with a local assault attorney who’s on your side. Even if there is some kernel of truth to the accusations, you still have rights that deserve to be defended. Oftentimes, there are simple strategies to get charges reduced or dismissed completely.

At Non Stop Justice, we work tirelessly to defend the rights of our clients. We make every effort to stand up for our clients and stand up to false accusations of abuse. Our track record of success in abuse and assault cases is second to none. Contact us to set up a consultation today.

Still, Texas is lags far behind many states on the road to legalization. While Texas may seem like an outlier, they are not alone. There is plenty of confusion surrounding marijuana laws at the state and federal level. Even with the recent changes, many don’t realize that the federal government still considers marijuana illegal. This confusing inconsistency between what states allow and what the Feds decree hasn’t gone unnoticed. In fact, it’s a source of much debate among lawmakers and law enforcement in every community.

Don’t get caught up in the confusion. Read on to better understand the federal marijuana laws and how it may effect your life.

What Actually is Marijuana and What’s the Big Deal?

You might already know that weed comes from a plant – the Cannabis Sativa plant to be exact. It also happens to be the most used drug in the whole of the United States of America. With such widespread use, it’s no wonder that marijuana is a big deal in the US.

The most common method of marijuana use is through smoking or consuming it in edible forms such as gummies, brownies, cookies, or other consumable forms. Users commonly experience mood-altering and other psychoactive effects. It often provides a euphoric high that can be felt across the whole body.

While millions of people across the world use it to chill out and relax, the high is not the only reason for taking it. There is a substantial amount of research that supports marijuanas effectiveness as a medication for pain relief. Studies note it can be especially helpful for inflammation, epileptic fits, or psychosis.

With those medical benefits in mind, users and proponents have urged lawmakers to reconsider removed marijuana as a Schedule 1 drug. Schedule 1 drugs include heroin and cocaine which have far greater effects, and addictive properties, compared to marijuana. Schedule 1 drugs also have a high potential for abuse and little to no medical benefit.

While there is some concern that marijuana can be habit-forming, studies reveal it is far less addictive than the two most widely used legal drugs, tobacco and alcohol. In fact, marijuana proponents point to extensive research which reveal alcohol is much more dangerous, addictive, and destructive than even the heaviest of marijuana use. With this in mind, it’s easy to see why so many states (and countries) have started relaxing their marijuana laws. But, the federal laws are a different story.

A Beginner’s Guide to Federal Marijuana Laws

Marijuana was originally criminalized in the United States in the 1930s with the Marihuana Tax Act of 1937. It was the result of years of widespread propaganda tying marijuana use with increased aggression, criminality, and dangerous behavior. Unfortunately, there was little to no actual research to base these claims but coming on the heels of the repeal of prohibition in 1933, many lawmakers felt pressured to protect citizens from the “reefer madness” supposedly endangering their communities. Even after the hysteria around marijuana was long debunked, lawmakers doubled down on criminalizing marijuana users and distributors with harsh penalties under the “War on Drugs” banner.

To this day – despite changes in many state laws – the misinformation around marijuana is everywhere. When the science proved marijuana as less harmful than legal alcohol, opponents shifted their tactics to label marijuana a ‘gateway drug’ to more serious drug use. However, there is little research to suggest this link but opponents continue to claim weed is the stepping stone for the casual drug user to evolve into someone dependent on much more serious drugs such as heroin.

The news for marijuana opponents continues to get worse as more and more data becomes available. Studies show that there is no increase in crime or violent behavior in communities where marijuana has been legalized. Because of this, many police groups and law enforcement representatives support the legalization of marijuana. They conclude that legalization actually makes communities safer and a reduction in the dangers posed to police.

Even though many of the claims around marijuana danger have been debunked, lawmakers and staunch opposition groups want to keep marijuana illegal. So, why is it still illegal? And how can the same thing be legal at state level and illegal at federal level?

Essentially, state laws govern citizens only within that particular state. That’s why something can be legal in one town, but illegal in the next one over if it’s in a different state. Federal laws, however, are the overarching laws of the country and apply to everyone regardless of the state they’re in.

That’s why while marijuana legalization has taken effect in many states, it’s still technically illegal in the United States. So, why isn’t everyone who’s using weed – even in a state where it’s legal – getting arrested at federal level?

The Cole Memorandum, the Presidential Pardon, and the Future of Federal Marijuana Laws

In 2013, the Justice Department issued the Cole Memorandum. This important memo may well be the most important set of guidelines to be released in relation to marijuana laws. In essence, it said it would not interfere with state laws on this matter.

This paved the way for states to begin revising their marijuana laws. Soon after, states like Colorado and Oregon were the first to put marijuana laws on the ballot and the people voted overwhelmingly in favor of legalization. It wasn’t long until other states followed suit. Meanwhile, the Justice Department acknowledged that using marijuana is still illegal at the federal government level, it has taken a stance not to challenge individual states’ legalization laws. This was a major step towards legalization and revisiting the failed “war on drugs” and it’s effect on our communities.

Things took another step forward on October 6th, 2022. On this day, President Joe Biden announced he would be issuing a presidential proclamation to pardon federal convictions for marijuana use. With this announcement, Biden suddenly ushered in a new era for marijuana use and opened the debate even wider in fully legalizing weed.

With all of these changes, it’s fair to ask – what’s next in the marijuana legalization debate? After all, there is still a long way to go, with many states not taking the leap yet (Texas, for example, still has very high rates of prosecution), and people are still being arrested and incarcerated due to possession. What will happen to them?

There are still plenty of unknowns when it comes to marijuana laws. Enforcement and prosecution may vary by county or jurisdiction even within a state. For example, in states where marijuana is still illegal, there are some counties that have declared they will not target or prosecute marijuana offenses. With limited resources, they have decided to focus their attention on other more serious crimes.

Regardless where you stand on the issue or where you may reside, it’s important to ensure you have a good lawyer on your side if you’re facing marijuana possession charges. In states like Texas, there is still a concerted effort to prosecute and convict marijuana users or dealers.

Stay Posted for Federal Marijuana Law

Despite state laws moving ever closer, changes to federal marijuana laws still seem a long way off. That being said, when it comes down to it, the Justice Department has made its stance clear – they will not challenge state laws.

However, along with President Biden’s pardon earlier in the year, and an ever-present push by the general public to legalize, the tide is certainly turning in regards to marijuana laws. But even though something seems sensible and popular, it doesn’t mean you won’t face severe consequences if charged. If you or a loved one are facing charges for marijuana possession, an experienced lawyer can make all the difference. Texas drug defense lawyer Andrea M. Kolski has over 20 years experience defending those who have been accused of drug and marijuana offenses. Her record of success is second to none. If you’re in need of a lawyer to help you out with marijuana laws, get in touch now!