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"Affluenza" teen case highlights aspects of Texas juvenile justice system, P.2

On behalf of Rosales Law Firm posted in Juvenile Crimes on Wednesday, March 2, 2016.

In our last post, we began speaking a bit about the case of Ethan Couch, who has been called the "affluenza teen" in connection with arguments made in court in 2013 during his drunken driving case. As we noted, Couch is currently being transferred to the adult court system, which could actually a have a beneficial impact on his case.

It is likely that prosecutors will have little trouble getting Couch certified for the criminal system. Juvenile courts are required to consider a variety of factors when determining whether to certify. These factors include the consideration of: whether the child has committed an offense against a person; the previous record of the child; the likelihood the child will be able to rehabilitate within the juvenile system; and whether the safety and protection of the community require trial as an adult.

Tags: Juvenile Crimes

"Affluenza" teen case highlights aspects of Texas juvenile justice system, P.1

On behalf of Rosales Law Firm posted in Juvenile Crimes on Friday, February 25, 2016.

A Texas teen who was sentenced to 10 years of probation in the juvenile system for a drunken driving crash in 2013 which killed four people is in bigger trouble now after he was accused of violating of his probation from that case. The young man, Ethan Couch, was reportedly deported from Mexico in late January and booked into the Texas jail system in Tarrant County earlier this month. Couch and his mother are believed to have fled to Mexico after a video came to light back in December which appeared to show Couch participating in a drinking party.

At this point, authorities are determining whether to transfer the 18-year-old's case to the adult system. Ironically, the punishment for Couch could actually be lighter if the case is transferred to the adult system, where he wouldn't face incarceration unless he chooses to violate his probation going forward. If he stays in the juvenile system, though, he may have to spend up to 10 years in adult prison after aging out of the juvenile system.

Tags: Juvenile Crimes

Woman accused of drunk driving after Texas accident

On behalf of Rosales Law Firm posted in Drunk Driving on Thursday, February 18, 2016.

It really only takes a single moment for an accident to happen. In many cases, even the most experienced and safe drivers in Texas drift just inches on the roadway, potentially causing an accident. Although car accidents happen relatively frequently, people are often quick to assume that an accident is the result of a driver who is under the influence of alcohol. For example, a woman was recently arrested after a fatal accident, accused of drunk driving.

The accident happened around 1:30 p.m. on a Saturday in late January. Police claim that a 36-year-old female was driving a pickup truck south on a Texas roadway. Officials believe that she drifted across the center line, striking a southbound motorcyclist head-on.

Tags: Drunk Driving

Work with experienced criminal defense attorney for domestic violence defense

On behalf of Rosales Law Firm posted in Domestic Violence on Friday, February 12, 2016.

While violence against a spouse or intimate partner is never okay, domestic violence allegations can arise within a variety of complicated circumstances. What appears to be evidence of domestic violence under one explanation may appear to be something else by another explanation.

One red flag that needs to be watched out for in domestic violence cases is evidence that an accuser is fabricating, or at least misrepresenting his or her story. When an individual comes forward as having been subjected to domestic violence, a clear, consistent story is can certainly help establish the facts of the case as they pertain to the defendant’s guilt or innocence. When the accuser falters in his or her story, it isn’t necessarily the case that they are lying or exaggerating. In some cases, the accuser may be scared of reprisal from his or her abuser. Still, when a victim’s story is weak and his or her manner uncooperative, it is an argument for closely scrutinizing the credibility and the claims.

Tags: Domestic Violence

the fallibility of alcohol breath testing: work with experienced defense attorney

On behalf of Rosales Law Firm posted in Drunk Driving on Wednesday, February 3, 2016.

In a previous post, we spoke about a case in which a Texas judge dismissed drunken driving charges against a woman who had registered a particularly high blood alcohol level on the basis that she has a condition in which her digestive tract brews alcohol and causes an elevated concentration of alcohol in her blood as a result.

The case is a good, if rarely occurring, example of the fact that blood alcohol testing must be carefully scrutinized rather than taken at face value. The fact is that there are various factors that can impact blood alcohol testing, particularly when breath testing is used.

Continue reading The fallibility of alcohol breath testing: work with experienced defense attorney...

Tags: Drunk Driving

texas coach convicted of drug charges avoids jail

On behalf of Rosales Law Firm posted in Drug Crimes on Wednesday, January 27, 2016.

When facing criminal charges, those with little experience concerning the criminal justice system likely have many questions. Fortunately, there is assistance available that can help defendants better understand their options as they deal with charges. For example, a former high school baseball coach in Texas has recently avoided jail time after he was convicted of drug charges.

The 65-year-old man was arrested on the charges in 2012. Texas prosecutors claim that he purchased cocaine from a drug dealer who was actually a police informant. The defendant claimed that he never used the drug. Originally charged with possession of between 1 and 4 grams of cocaine, the judge in the case approved a defense motion that reduced the charge he faced.

Continue reading Texas coach convicted of drug charges avoids jail...

Tags: Drug Crimes

texas police: fatal accident caused by drunk driving

On behalf of Rosales Law Firm posted in Drunk Driving on Wednesday, January 20, 2016.

It is easy for people to make assumptions. For example, it may seem easy to assume that a person who is involved in an accident while off-roading was under the influence of alcohol. However, drunk driving charges cannot be supported on the basis of assumptions alone. A Texas man is facing accusations of drunk driving after a recent fatal accident in Austin.

According to police, the 28-year-old driver and three males were off-roading one evening in January at a remote location when the accident occurred. Reports indicate that the vehicle containing four occupants flipped before catching fire. Three of the occupants were able to exit the vehicle.

Continue reading Texas police: Fatal accident caused by drunk driving...

Tags: Drunk Driving

rare condition used to refute presumption of intoxication in texas dwi case

On behalf of Rosales Law Firm posted in Drunk Driving on Friday, January 8, 2016.

One of the important tools police officers have at their disposal in the investigation of drunken driving is the use of breath testing. Breath testing comes in two basic forms: first, there is roadside testing on small breathalyzer devices; and second, there is the official breath testing conducted after a suspect is arrested and brought down to a precinct.

Roadside breath testing is used by officers as a way to gather potential evidence to justify an arrest, which cannot take place without probable cause to believe that drunken driving occurred. The official breath testing conducted after a suspect's arrest can provide prosecutors evidence to use in court for obtaining a conviction. If the reading is .08 percent or above, the presumption is that the defendant was impaired at the time of arrest, and it is more difficult for the defendant to argue he or she was actually not impaired.

Continue reading Rare condition used to refute presumption of intoxication in Texas DWI case...

Tags: Drunk Driving

is a police officer able to force a chemical test on a dwi suspect? p.1

On behalf of Rosales Law Firm posted in Drunk Driving on Monday, January 4, 2016.

Drunk driving is always a problem, but it is certainly a heightened concern during the holiday season. Law enforcement agencies are well aware of this, and utilize a variety of strategies to identify drunk drivers and get them off the road. One of the challenges for law enforcement is obtaining clear evidence of intoxication.

Law enforcement officers do have the ability to seek breath, blood or urine samples from suspected drunk drivers, but drivers also have the ability to refuse to submit to chemical testing. This doesn't mean that there are no consequences to refusing a chemical test, but only that a police officer is not able to force a suspected drunk driver to submit to testing, at least under ordinary circumstances.

Continue reading Is a police officer able to force a chemical test on a DWI suspect? P.1...

Tags: Drunk Driving

texas police recruit resigns after dwi charge

On behalf of Rosales Law Firm posted in Drunk Driving on Monday, December 28, 2015.

It is easy to make a minor mistake while driving. A driver misjudges another car's speed and distance and accidentally pulls out in front of the car, for example. Instances such as this likely happen every single day on Texas roads and only occasionally result in an accident. However, a former police recruit now faces a DWI charge after police say he pulled into the path of another car.

Police say that the car first came to their attention when the driver almost caused an accident. When the car was stopped, officers reported the smell of alcohol emanating from both the driver and a passenger. They also claimed they spotted weapons in plain sight.

Continue reading Texas police recruit resigns after DWI charge...

Tags: Drunk Driving

man faces drunk driving charge after fatal texas accident

On behalf of Rosales Law Firm posted in Drunk Driving on Tuesday, December 22, 2015.

While there are stories of corrupt police officers that float occasionally through the media, the vast majority of police are committed to protecting the people that they serve. Unfortunately, their zeal to protect and serve could lead to actions based on assumptions not supported by evidence. As a result, some people could find themselves facing unwarranted criminal charges. One man will likely be questioning the evidence against him as he finds himself facing drunk driving accusations after a fatal Texas accident.

The accident happened during the early morning hours of a day in mid-December. Police claim that the male driver of a vehicle was likely speeding prior to the accident. Reports allege that the car struck several utility poles before losing a wheel and striking another pole.

Continue reading Man faces drunk driving charge after fatal Texas accident...

Tags: Drunk Driving

high court to take on issue left unanswered by 2013 drunk driving appeal

On behalf of Rosales Law Firm posted in Drunk Driving on Friday, December 18, 2015.

Although much of the law surrounding DWI enforcement is settled, there are certain issues that come up from time to time in the courts. Typically, the average person doesn't hear too much about these issues until the U.S. Supreme Court comes down with a decision on some disputed issue.

One of the more recent decisions the Supreme Court decided with respect to DWI enforcement came in 2013 in the case Missouri v. McNeely, which held that police offers are required to obtain a search warrant before taking a blood sample from a suspected drunk driver, provided officers can reasonably do so. The decision was a big one, but it left some questions unanswered. Last Friday, the Supreme Court agreed to take on one of those questions.

Continue reading High court to take on issue left unanswered by 2013 drunk driving appeal...

Tags: Drunk Driving

dealing with unfair, false allegations of domestic violence, p.2

On behalf of Rosales Law Firm posted in Domestic Violence on Tuesday, December 8, 2015.

In our last post, we began speaking about the importance of working with an experienced criminal defense attorney when one is faced with accusations of domestic violence. As we noted, the consequences of such allegations can be significant, particularly with respect to custody proceedings, and can have a negative impact even if charges end up being dropped.

The reality is that it doesn't take much to get a protective order and set this process in motion. Here in Texas, as in other states, a protective order may be obtained not only when actually harm has been inflicted, but also when there is an act intended to physician harm another member of a household or when there is a serious threat of physical harm. Judges have discretion to determine whether a filing meets the required threshold.

Continue reading Dealing with unfair, false allegations of domestic violence, P.2...

Tags: Domestic Violence

dealing with unfair, false allegations of domestic violence, p.1

On behalf of Rosales Law Firm posted in Domestic Violence on Tuesday, December 8, 2015.

Domestic violence is not a very popular subject to be on the defensive about. Most media coverage of domestic violence-related issues is told from the perspective of and with sympathy for victims, and there isn't much talk about the issues from the perspective of the accused. The reality is that for those who have been accused of domestic violence, public opinion will almost certainly be against them.

In the court of law, it is critical for those accused of domestic violence to seek the assistance of an experienced criminal defense attorney. This is particularly important given the serious consequences of such allegations in the context of divorce and child custody proceedings. When this happens, there can be significant consequences in terms of custody, finances and criminal background.

Continue reading Dealing with unfair, false allegations of domestic violence, P.1...

Tags: Domestic Violence