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Montgomery County Burlgary Attorney
While in court this week I had a person ask me about possible representation on a burglary charge.  Upon speaking with this individual, I think he was confused by the definition of burglary in Texas.  In addition, I don’t think he really grasped the true severity of this crime.  While there are proposed changes to the definition of burglary in the Texas Penal Code going into effect this September, let’s look at the history of the offense of burglary up until now.

The truth of the matter is that aside from murder, burglary and robbery were once thought of as some of the most egregious of crimes in colonial America and England.  In my opinion, not much has changed.  Juries just don’t like burglars and robbers.  Worse than thieves, burglars and robbers threaten our lives and well-being.  Thieves are thought of as being sneaky trying to take your property without being detected.  Burglars evoke an uneasy feeling of being violated.  After all, what is more discomforting than the thought of someone rifling through your possessions in your own home uninvited?  While robbers generally grab and go, burglars try to find an unoccupied home and take their time.  The burglar can do much more damage and cost the victim more because they can take their time emptying the contents of your home.

The definition of burglary has changed over time and to get to the modern definition you need to look at the history of burglary.  The crime has always reflected the breaking into the home or building of another and what flows from the damages caused to people and their property.

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Criminal defense lawyer
What do you do when your dorm room is searched?  I get this question quite a bit from students at Sam Houston State University.  First, hire an experienced criminal defense attorney before you speak with anyone.  The Sam Houston State faculty members and staff are very aggressive with what they consider to be drug and alcohol violations.  Your academic career may be on the line.  Don’t take chances.  A new decision by the Court of Criminal Appeals of Texas has given us some guidance as to what the current state of the law is on dorm room searches and seizures.

In State of Texas v. Mikenzie Renee Rodriguez, resident assistants (RAs) conducted a dorm room search of Ms. Rodriguez’s personal space.  The RAs found drugs and then called their director at the University who in turn called the police.  The police responded, entered the dorm room, and seized the drugs.  Ms. Rodriguez was then formally charged or indicted for possession of a controlled substance.  Ms. Rodriguez was smart and hired an experienced criminal defense attorney who then filed a motion to suppress.  The State of Texas appealed and the court of appeals affirmed.  In their holding, the court of appeals held that there is no dorm room exception to the Fourth Amendment.  The Court of Criminal Appeals of Texas subsequently granted review.

As is typical in most college dorm rooms, Ms. Rodriguez shared the room with another student.  You may know that there is typically an agreement between you, the student, and the university which permits routine inspections by authorized university personnel.  The agreement at this Texas university provided that, “duly authorized personnel of (said university) reserve the right to enter student rooms at any time for emergency purposes or for the purpose of maintenance, repair, and inspection for health, safety, or violation of university regulations.  Here, the resident assistants were doing routine room checks for prohibited items such as microwave ovens, candles, and of course drugs and alcohol.  While performing a room check on Ms. Rodriguez’s dorm room, no one was present.   According to the RAs the first trunk that was checked had marijuana located inside.  The RAs then contacted the resident director who instructed them to do a more thorough search of the dorm room.  On the second search, the RAs found a matchbox with several tablets located inside that appeared to be ecstasy.  The RAs also found a pipe located in a sock.  The pill box and the pipe were laid on the floor and the RAs took pictures of the items.  The university police were then contacted.

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Montgomery County DWI Attorney
In the wake of more states legalizing the use and possession of marijuana people are scrambling to come up with a definition of what categorizes “driving while high.”  No one favors driving under the influence of marijuana or any other mind-altering drug.  The problem becomes what exactly is the definition of driving while high and how do we test for it?

In Texas, if you are pulled over by law enforcement due to some overt cause such as weaving or erratic driving, the officer is going to suspect something is up.  Currently, law enforcement uses field sobriety tests.  The problem is that the equipment law enforcement uses to check for alcohol like a breathalyzer does not work for impairment by other drugs, specifically not for marijuana or THC.  The only real solution at this point is to take the driver to the police station or hospital and draw blood.

Once police have the blood they can send it off to a lab to test if the person has marijuana in their system.  But there are no legal limits in most states including Texas.  Some states have set a standard at the limit of .5 milligrams of THC (the intoxicating substance in marijuana) per milliliter of blood.

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Texas DWI Lawyer
A new Texas bill that gives low level criminal offenders in Texas a second chance needs only to return to the house and then be signed by the governor.  The Texas House of Representatives passed the “Second Chance” bill 140-0.  Now, the bill has moved through the Texas Senate 28-3.  The bill would allow criminal offenders without previous convictions to protect their criminal history from disclosure to the public.

In Texas, we have only two crimes in which you cannot receive a deferred sentence.  Capital murder and driving while intoxicated.  Therefore, you can be charged with an offense like sexual assault and still get a deferred sentence and keep it off your record.  Not so with DWI.  The law used to allow for a DWI to fall off your record after ten years.  Not so anymore.  So, say you pick up a DWI in college, what can you do to get it off your record?  I get this question all the time.  Until now, the answer was “nothing.” The client will say, but that happened twenty years ago, why is it still haunting me?  Simple, up until recently a DWI conviction stayed on your record for life.

The new proposed section is 411.0736 which currently reads: “procedure for conviction; certain driving while intoxicated convictions.  What the bill states is that if you complete your sentence, including any term of confinement imposed and the payment of all fines, costs, and restitution imposed, may petition the court that imposed the sentence for an order of non-disclosure of criminal history records information under this section if the person:

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Criminal Defense Attorney
The federal government knows what is best for you.  Your government tries to control you by legislating penalties for not doing what Big Brother wants you to do.  To limit your behavior, your government has levied steep taxes on items such as cigarettes, other tobacco products, even soft drinks.  Currently, in Austin, your Texas legislators are trying to pass a law banning all text messaging while driving.  And on the national level, the federal government is trying to take away your right to split a bottle of wine at dinner or to have a few beers at the ball game.

For years, the National Transportation Safety Board (NTSB) has pushed to lower the legal limit in drunk driving cases to .05.  The current level in Texas is .08.  If you have seen the movie “Sully,” you know the NTSB as the villains in the film calling for Captain Sullenberger’s head.  Okay, that’s Hollywood, but the truth of the matter is that there just aren’t enough plane and train accidents to justify the budget of the NTSB.  What does your government do when it tries to justify its existence?  Your government uses fear tactics to make itself relevant.  Bad things are happening, we must act.  Wake up citizen, I’m your government, you need me, listen to me.  These tactics are getting tiresome. 

In Utah, state legislators are already pushing for the .05 limit.  How does that affect us in Montgomery, Walker, Madison, and Leon County, Texas?  Because Utah was the first state to lower the legal limit in drunk driving to .08.  The old standard was .10.  Truth be told, the field sobriety tests that law enforcement uses to arrest you in a DWI stop were based on the old .15 standard.  Yep, the standard started at .15 for impairment.  But why drop the limit?  Simple, taxes.  Your government wants more money.  The penalties on a first DWI in Texas start at $1000 a year for three years and climb from there.  But what say you, groups against drunk driving?

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Conroe Personal Injury Lawyer
May is here and it’s National Bike Month.  Sponsored by the League of American Bicyclists, it is a tradition that has been celebrated throughout the United States since 1956.  In Harris and Montgomery Counties, the dates are listed below for the events.  Nationally, the third week of the month is designated as Bike to Work Week.  Bike to Work Day is designated the third Friday in May.

In celebration of National Bike Month, Ron Voyles & Associates encourages you to give biking a try.  It’s a perfect time to dust off that old bike, air up the tires, and take a spin.  In addition, we would like to inspire motorists to keep a watchful eye out for bicyclists on the road.  Educate yourself on the dangers of distracted driving, texting and the direct effect on cyclist injuries and fatalities.  When it comes to car and truck crashes, cycling injuries, and deaths, both sides (motorists and cyclists) like to point the finger at the other group.  We both share the blame.  In the Houston, Conroe, Huntsville, and surrounding communities we have hundreds of thousands of drivers and thousands of cyclists on the road every day.  Making sure everyone knows the rules of the road can go a long way toward reducing the number of injuries suffered each year.  In the Houston area alone, we’ve had twenty-three bike riders killed in the last five years.

I typically avoid cycling on the road.  Why?  Montgomery and Walker Counties are still rural with only two lane roads in many places.  Many roads like Longmire in Conroe have no shoulder.  Therefore, the space between you and the vehicles is slim.  Your margin for error is narrow.  To further the problem, we live in Texas.  It’s hot.  Therefore, riding early in the morning is necessary.  It’s dark.  It’s foggy.  It’s early and drivers are not paying attention.  In a bicycle-vehicle crash, the bike is going to lose.  So, what can you do?  Bike responsibly. 

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Conroe Assault Lawyer
An Australian tourist from Perth was charged last week with simple assault.  The crime occurred at a strip club in Orlando, Florida.  At the time the news story broke, the Australian was being held in jail while awaiting a bail hearing.  The story involves this young man “assaulting” a female employee of the club (stripper) by blowing dirt in the dancer’s face while she was performing a lap dance.  The dancer declined to be interviewed.  Shocking, I know.  However, the club’s assistant manager did decide to opine about this event.  “We generally don’t get a lot of troublemakers at our club,” and he stressed that they had not had a patron assault a dancer in years.  Whew, that’s good to know.  “We don’t know what this Aussie guy’s problem was, but he won’t be welcome back here again.”  Right, I’m sure there is a serious vetting procedure for screening drunks entering a strip club.  I’d like to know who they’re turning away.

In Texas, the offense of assault is defined in the Penal Code as:

(a) A person commits an offense if the person:

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Montgomery County Attorney
It was a rough week for law enforcement officials in Texas.  In San Antonio, three local law enforcement officers were arrested on Thursday night within hours of each other.  Police officers Gena Rodriguez and Harold Thomaston were both arrested for driving while intoxicated.  San Antonio Police Chief William McManus was quoted with saying, “Anytime an officer gets arrested for anything it’s disappointing, but DWI is just so preventable and there is no excuse for it.”

Rodriguez was an eleven-year veteran who was driving with her three children in the vehicle when she crashed into another car.  Police officers on the scene stated that Rodriguez was slurring her speech, was unsteady on her feet, and smelled like alcohol.  Later that night police veteran Harold Thomaston was also pulled over for driving while intoxicated.  Police say that Thomaston swerved into the lane of another police officer and then ran a red light.  Chief McManus stated, “SAPD officers were arrested by SAPD officers, so absolutely not, they are not held to a different standard, they are held to a higher standard.”

Bexar County Deputy Sabrina Moreno was also arrested Thursday night for DWI.  Bexar County Sheriff Javier Salazar said, “I am furious, there is no other way to put it, I am just furious.”

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Conroe Pesonal Injury Lawyer
You may be one of the thousands of drivers in the Houston area that is a safe driver.  You don’t text while driving.  You don’t drink and drive, and you have never had a DWI.  When you do drink, you are responsible and get a designated driver or call Uber.  You may even have a spotless driving record and have never had so much as a traffic ticket.  Your behavior should be applauded.  You are one of the ones that keep our roads safe.  Sadly, not everyone follows this behavior on our Texas roads.  Bad things happen to good people.  So, what do you do when you get blindsided by a negligent motorist?  Believe it or not, most people who call our office simply do not know what to do when they are involved in an accident.  Be prepared and know what to do before you are in an auto or truck accident.

In the event of a car accident follow these simple steps:

  1. Stop and render aid. Nothing is more important than the welfare of everyone in the accident, including your own. Did you hit your head?  Look around and check your surroundings.  Is someone else hurt?  Don’t assume any injury is too small.  You may be in shock and may have more trauma than you think.
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Montgomery County Controlled Substance Lawyer
In a monumental decision last week, the Supreme Court ruled that a citizen can sue for malicious prosecution for being jailed due to the police falsifying drug test results.

In Joliet, Illinois, police stopped Elijah Manuel for a traffic violation.  Manuel was subsequently searched. Law enforcement officers located a vitamin bottle containing several pills.  The police suspected that the vitamins were illegal drugs and decided to perform a field test on the substance.  The field test came back negative for any illegal or controlled substance.  Nevertheless, the police decided to go ahead and arrest Mr. Manuel and charge him with possession of a controlled substance with the intent to distribute.  Manuel was taken to the police station.  At the station an evidence technician tested the pills again and received the same negative result.  However, in his report he stated that one of the pills tested, “positive for the probable presence of ecstasy.”  One of the arresting officers stated in his report that, based on his “training and experience,” he “knew the pills to be ecstasy.”

Ecstasy or “Molly,” or MDMA is a synthetic drug that can alter your mood and your perception.  The chemical formula is similar to both stimulant and hallucinogenic drugs.  MDMA and its derivatives can produce distorted time and sensory perception, excessive emotional warmth, and feelings increased energy and pleasure.  The drug achieves these effects by altering the levels or dopamine, norepinephrine, and serotonin.  The effect of the drug can last anywhere from three to six hours.