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Criminal and Occuational Licenses
Administrative License Suspension
In certain circumstances, a person may face suspension or revocation of his driving privileges. In Texas, this most often occurs when a person is arrested and accused of Driving While Intoxicated and either fail the breath test or refuses to submit to the breath test. An individual who refuses to submit to a breath test upon arrest for Driving While Intoxicated, faces a possible suspension of his or her driver’s license for a period of 180 days. An individual who submits to a breath test, and fails the breath test by a score of .08 or higher, faces a possible suspension or loss of driving privileges for up to 90 days. Upon an arrest for DWI and failure of the breath test or refusal to take the breath test, the accused will most often receive a Notice of Suspension at the time of his arrest. The suspension becomes affective 40 days after the date upon which the Notice of Suspension is received, unless the accused requests a hearing. The hearing must be requested within 15 days after the Notice of Suspension is received by the accused. At the hearing, the Department of Public Safety must present evidence to show why an individual’s drivers license should be suspended under Texas law. The accused has an opportunity to challenge that evidence and present evidence of his own. If you are arrested for DWI and fail or refuse a breath test, it is advisable to consult with and retain an attorney as soon as possible so that the attorney may assist you in defending the DWI and in challenging the drivers license suspension. There is a fee for reinstatement of driving privileges after a period of suspension is over. In Texas, a drivers license may be suspended for other reasons, such as habitual traffic violations or final conviction for certain drug offenses. You should always consult with an attorney to learn the consequences of these events. This is general information only, and should not be used as a substitute for professional advise. If you feel you need additional information or legal advice, please call to arrange for a free consultation with a licensed attorney.
Occupational Divers License for Essential Work
If you Texas drivers license has been suspended for Driving While Intoxicated or a drug offense, you may be eligible for an occupational drivers license for essential needs. Those essential needs may include the right to drive to and from work, for educational, medical, or religious purposes. To obtain an occupational license, a petition must be filed with the court that suspended your license and filing fees paid, currently $155 must be paid. You may be eligible for up to 12 hours per day to drive, but each judge has their own guidelines where & when you may be permitted to drive. Your judge may also require you to install a smart start equipment to your vehicle, furnish an SR22 proof of liability & set other rules such as a condition of your occupational drivers license. The terms and conditions of your occupational drivers license will be set out in the court’s order which your judge must sign and a certified copy retained at all times your are driving. Once granted, these driving privileges may be once again revoked if it is determined that you have violated the court’s order. You are welcome to consult with us to discuss the specifics of your Texas drivers license. This is general information only, and should not be used as a substitute for professional advise.
Resetting Your Case
If you are charged with an offense, you will receive notice to appear in court. You must appear in court with or without your attorney. If you appear initially without an attorney, the court may allow you time to retain an attorney and return to court with your attorney. You must be in court to avoid a warrant being issued for your arrest. If you have an attorney, the court can only reset your case if the attorney is present with you. You must be present regardless of whether your attorney is there. This is general information only, and should not be used as a substitute for professional advice. If you feel you need additional information or legal advice, please call to arrange for a free consultation with a licensed attorney.
Felonies, Misdemeanors and State Jail Felonies
In Texas, there are four categories of offenses which are called felonies. First degree felonies are felonies which carry a possible penitentiary term of no less that five years to 99 years of life and a possible fine of up to $10,000. Second degree felonies are felonies which carry a penitentiary term of no less than two years nor more than twenty years and a possible fine not to exceed $10,000. Third degree felonies are felonies which carry the possibility of penitentiary time of no less than two years or no more than ten years and a possible fine of up to $10,000. State Jail Felony is a special category of felony that carries the possibility of incarceration in a state jail facility for no less than 180 days nor more than two years and a possible fine of up to $10,000.
Misdemeanors are offenses that carry the possibility of jail time and a fine. A Class A Misdemeanor carries a possible jail sentence of up to one year and a fine of up to $4,000. A Class B Misdemeanor carries a possible jail sentence of up to 180 days and a fine of up to $2,000. A Class C Misdemeanor carries a possibility of a fine only, not to exceed $500.00 usually. This is general information only, and should not be used as a substitute for professional advice. If you feel you need additional information or legal advice, please call to arrange for a free consultation with a licensed attorney.
What to Do if You Are Arrested
If you’re arrested, the best way to protect your rights is to call an attorney as soon as possible. Don’t make statements to the police unless you have made the decision to give up your right to remain silent. Oral statements are admissible in court. You have the right to an attorney, even if you cannot afford one, and do not have to say anything until you have consulted one. The police should give you the opportunity to call a friend, relative, or attorney.
You have the right to know the charges against you, and the right to prompt hearing. And if you are held for trial, you have the right to have a reasonable bail set, except for certain major crimes or at the discretion of the court. In cases involving public safety considerations, the reading of you’re your rights may be delayed. This is general information only, and should not be used as a substitute for professional advice. If you feel you need additional information or legal advice, please call to arrange for a free consultation with a licensed attorney.
Your Rights If You’re Accused or Arrested
If you’re ever accused of a crime and arrested by the police, they’re obligated to read you your rights before they question you about the crime, and you’re also allowed to make a phone call for help with bail, or retain an attorney. You’ll want to take advantage of these rights. Here’s a basic list; 1 – You have the right to remain silent; 2 – You have the right to a lawyer from the time you’re arrested; 3 – You have the right to know the charges against you; 4 - You have the right to a prompt hearing; 5 – You have the right to confront and cross-examine your accuser and to call witnesses on your own behalf; 6 – You have the right to a speedy trial; 7 – You have the right to a bail hearing, although in some cases, bail may be denied; 8 – You can’t be tried for the same crime twice. This is general information only, and should not be used as a substitute for professional advice. If you feel you need additional information or legal advice, please call to arrange a free consultation with a licensed attorney.
Pre-Trial Release
When an individual is arrested and charged with a crime, usually a bail amount is set. In certain situations, which are rare, bail may be denied. If a bail amount is set, a person may post the entire amount to be released from custody, or a percentage of that amount can be paid to a surety or bondsman to post the entire amount. The percentage paid to him is his fee for guaranteeing your appearance in court. In some situations, a pre-trial release may be granted. One form of pre-trail release is called a Personal Recognizance Bond. If a court grants a Personal Recognizance Bond, the individual who is accused signs a document promising to appear in court., but is not required to pay any money. Another form of pre-trial release is called a Pre-Trial Bond. In most counties in Texas, there are agencies called Pre-Trial Services. Pre-Trial Services engage in the task of interviewing people who are accused of crimes and conducting a background investigation in order to determine whether or not they would be likely to appear in court if released on bond. There are many factors involved in determining whether an individual is a good candidate for a pre-trial release bond. If that individual meets that criteria, the Pre-Trial Services agency then presents the bond to the court. It is entirely within the discretion of the Judge whether or not to grant a pre-trial bond. A competent, licensed practitioner of criminal law can assist in preparation and presentation of a pre-trial release application to the court. A person who is denied pre-trial release may still post a surety bond or a cash bond. This is general information only, and should not be used as a substitute for professional advice. If you feel you need additional information or legal advice, please call to arrange for a free consultation with a licensed attorney.
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Bellaire
IRA Leichtman
6575 W. Loop South, Suite 440
Bellaire, TX 77401
Phone: 713-521-9999
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Pasadena
IRA Leichtman
3222 Burke Road, Suite 207
Pasadena, TX 77504
Phone 713-941-0606
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Out of Town ONLY Call 1-86-MY-LAWYER
Disclaimer: The information presented on this page is for informational purposes only and does not constitute legal advice.
Principal Office Bellaire Clients Seen By Appointment Only.
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