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Monthly Archives: August 2021

BreathalyzerTest

What Happens If I Refuse A Breathalyzer Test?

By Keith B. French Law |

A driver is considered legally intoxicated in Texas if their blood-alcohol content (BAC) is measured at 0.08 percent or greater. When police make a DWI arrest, they will typically ask the suspect to take a chemical test–such as a Breathalyzer–to establish their precise BAC. So what happens if you simply refuse to take the… Read More »

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CrimLaw15

What Is Considered A “Serious Bodily Injury” In An Assault Case?

By Keith B. French Law |

The evidence in a criminal case often makes a crucial difference in how a defendant is charged. For example, the Texas Penal Code defines “aggravated assault” as a second-degree felony. An aggravated assault requires proof that the defendant either caused “serious bodily injury” to another person or used or exhibited a deadly weapon during… Read More »

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JuryBox

What Happens If A Juror Tries To Recant A Vote To Convict A Defendant?

By Keith B. French Law |

In criminal cases, a jury must reach a unanimous verdict. The jury’s deliberations are also secret. No third party is allowed to try and influence the jurors once their deliberations have begun. But what if a juror feels pressured or bullied by their colleagues to reach a guilty verdict? Can that justify undoing a… Read More »

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Arrested8

What Is Considered A “Deadly Weapon” Under Texas Law?

By Keith B. French Law |

Many criminal offenses are charged more severely if the defendant used a “deadly weapon.” For example, Texas law defines robbery as a second-degree felony when someone commits a theft, and while doing so “intentionally, knowingly, or recklessly causes bodily injury to another.” But if the robber used or exhibited a “deadly weapon” in the… Read More »

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CrimDef11

What Are The Penalties For Failing To Register As A Sex Offender In Texas?

By Keith B. French Law |

A criminal sentence does not necessarily end when the defendant is released from jail. As you probably know, many criminal sentences also include a term of probation. And if the defendant was convicted of certain sex-related offenses, they may be required to register as a “sex offender” for the rest of their life. The… Read More »

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Parole

When Can A Texas Judge Revoke Your Parole?

By Keith B. French Law |

In Texas, what people commonly refer to as “probation” is actually called “community supervision.” It basically means that instead of sending a person convicted of a criminal offense to prison, they are allowed to remain in the community under certain conditions imposed by the court. The person subject to community supervision must strictly follow… Read More »

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DUI20

Does DWI Require Proof Of Your Exact BAC At The Time Of Arrest?

By Keith B. French Law |

Under Texas law, a person is legally too drunk to drive if their blood-alcohol content (BAC) is at least 0.08 percent. Police and prosecutors often rely on breath or blood analysis to establish a defendant’s BAC. Of course, such tests typically measure a defendant’s BAC sometime after they are actually placed under arrest. Does… Read More »

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Fraud4

What Are The Penalties For Insurance Fraud In Texas?

By Keith B. French Law |

One of the most common white collar crimes prosecuted in Texas is insurance fraud. The state Penal Code defines insurance fraud as the act of filing a statement containing “false or misleading material information” to an insurance company with the intent to “defraud or deceive.” In layperson’s terms, if you lie to your insurance… Read More »

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CriminalLaw

Are Prior Allegations Of Domestic Violence Admissible In A Criminal Trial?

By Keith B. French Law |

When you are on trial for a criminal offense, the prosecution is not allowed to introduce evidence of your “bad character” for purposes of establishing your guilt or innocence. Generally, this means that prosecutors cannot tell the jury about any “prior bad acts” that you may have committed to prove you committed the crime… Read More »

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