Texas Criminal Attorney Blog

Collin County Criminal Defense Lawyer, Troy Burleson

Hello, my name is Troy Burleson and I am a partner in the Frisco, Texas criminal defense firm of Biederman & Burleson, PLLC. If you have recently been arrested and accused of a crime, you probably have many questions and concerns. I built this web site to help answer questions from people like you about the criminal laws of Texas, the criminal process and other related topics. I hope you find the information informative.

If you would like more information about your criminal case, or if you would like a free no-obligation consultation, contact my office today toll free at (866) 439-2182.

How Can I help you? If you have been accused of a crime, you need an experience criminal defense attorney who knows how to protect your legal rights and attempt to reinstate your good name. We have helped guide hundreds of clients through successful plea bargain negotiations and trials as criminal defense attorneys. While most lawyers claim to be experienced trial attorneys, few can match our actual trial experience. We have represented clients in over 150 trials. In 2008 alone, we defended clients in over 50 trials. Most “trial” attorneys will not have that many trials in 5 or 10 years. Because of our trial experience, Hunter and I have earned a reputation from judges, prosecutors and other criminal defense attorneys as a tough, skilled trial attorneys. We look forward to meeting with you to discuss how I can help with your case.

“We have dedicated our law practice to providing quality, cost-effective legal representation to people like you who are accused of a committing crimes in Texas. Hunter and I look forward to meeting with you and helping guide you through this trying time in your life."

- Collin County, Texas criminal defense lawyer Troy Burleson

FREE evaluation regarding your criminal charges

Our Criminal Defense Law Office handles the following types of cases:

Driving While Intoxicated DWI
Driving Under the Influence DUI
Intoxication Offenses
Drug Possession, Delivery of Distribution
Theft
Assaults
Domestic Violence
Probation Violations
Felony Criminal Defense
Misdemeanor Criminal Defense
Motion for New Trials
Appeals
Expunctions & Non-Disclosures
Juvenile law cases

We Offer Criminal Defense Representation in:

Collin County
Dallas County
Denton County
Tarrant County
Frisco, Plano, McKinney
Dallas, Denton, Fort Worth
and all other surrounding cities.

Act Now to Protect Your Freedom, Driving Privileges and Legal Rights

Contact The Law Office of Troy P. Burleson, P.C. Today:
If you or a loved one has been arrested or charged with a DWI or DUI within Collin County, Texas and the surrounding cities of McKinney, Allen, Frisco, Richardson, Dallas, Denton, Wylie, Addison, Prosper, Celina and The Colony, Texas and you need the help of an experienced drunk driving defense lawyer, call the Law Office of Troy P. Burleson at (866) 439-2182 to schedule a free, no-obligation consultation with an experienced Texas DWI defense trial attorney.

CONTACT US TODAY

If you or someone you love has been arrested in Collin County Texas, an attorney writ bond may help to get out of jail fast. Our office provides attorney writ bond service in Frisco, Plano, McKinney and surrounding cities.

Need an ATTORNEY WRIT BOND? Call Our 24 Hour Hot Line 214-793-0863

For more information about the attorney writ bond process, read the article below that was originally posted on our website www.planowritbonds.com.

Frisco / Plano Writ Bond Process
Collin County Attorney Writ Bonds

If someone is arrested in Frisco, Texas for a crime, generally they must see a judge or a magistrate before a bond is set. Because of staffing issues, the judge or magistrate may not get there quickly. It can be anywhere from minutes, to hours, to days before someone sees a magistrate.

1. You will need to hire an attorney to handle the case. I will review the issues with you over the phone to determine if your case is one where a writ bond can be filed.

2. I will meet you (usually at the jail) to get you to sign some paperwork. I will fill out paperwork and get some bond paperwork signed by the jailed individual as well.

3. I will then head to the Collin County Jail to file the Writ of Habeas Corpus, along with the bond paperwork, and other paperwork. This will force the jail to set a bond.

4. I will then write the bond for the jailed individual. This will allow them to be released.

5. The Collin County Jail will then send a fax to the local (Frisco or Plano) and release the jailed person. You can remain there to give them a safe ride home.

6. I will already have given you plenty of materials for the jailed person to know "What happens from here." This will include upcoming hearings, our representation of them, etc.

After reviewing the material specific to Writ Bonds, please feel free to contact our law firm at 214-793-0863
with any questions you may have.

If someone is arrested in Plano, Texas, Frisco, Texas or McKinney, Texas for a crime, generally they must see a judge or a magistrate before a bond is set. Because of staffing issues, the judge or magistrate may not get there quickly. It can be anywhere from minutes, to hours, to days before someone sees a magistrate.

NEED OUT OF JAIL: Call Our 24 Hour Hot Line 214-793-0863

That's where we come in. In certain instances, we can file a Writ of Habeas Corpus to force the jail to set a bond. This can only be done in:
- Misdemeanor cases
- NO Family Violence/Assault cases
- NO Felony Cases
- NO Traffic Tickets

We first file paperwork to require a bond be set. This will change a "no bond set" to a bail bond. We then post that bond as your surety so that your friend or loved one can be released from jail.

Our law firm has put together a comprehensive overview concerning Collin County Writ Bonds in order to better inform you about the situation your loved one is facing. It is important to understand that the law and procedure in each state is different.

After reviewing the material specific to Plano Writ Bonds (Writs of Habeas Corpus), please feel free to contact our law firm:

For an Attorney Writ Bond call: 214-793-0863

Many of you may be aware of the unfortunate ruling recently by the Texas Court of Criminal Appeals regarding death row inmate Charles Dean Hood. Attorneys for Mr. Hood appealed his conviction when it was discovered that the district judge who presided over his trial had engaged in a clandestine sexual affair with the district attorney who prosecuted Mr. Hood. Although there were rumors circulating about the secrete affair at the time of Mr. Hood’s trial, his defense attorney had no actual proof of the affair until after the trial when a former assistant district attorney executed a signed affidavit acknowledging the affair.

The Court of Criminal Appeals overruled Mr. Hood’s appeal of his conviction, which focused on the clearly compromised impartiality of the sitting judge. The basis for overturning the appeal was that Mr. Hood did not raise the issue of the affair in a timely fashion. The defense argued that they could not have raised the issue because at the time the appeal began they had no actual proof of the affair. Today, the editorial staff of the Dallas Morning News opined about the decision in an editorial entitled, “Justice Disgraced.”

The high court’s ruling is clearly a disgrace for no other reason that it cast a larger shadow on the Texas Criminal Justice System already suffering the strains of wrongful convictions and rampant prosecutorial misconduct ( i.e., Dallas fake drug scandal, DNA exoneration(s), etc.). For more information on the problems with the Texas Justice System see the Innocent Project.

What struck me most about the recent Hood case was the reaction from the Collin County District Attorney’s office where the prosecutor in charge of the appeal called the ruling a, “significant procedural victory.” That statement is appalling on its face as criminal justice should be about “justice” and not “procedural” wrangling such as in civil law. However, this attitude of “procedure” over “justice” is fast becoming a major problems spreading trough the Collin County District Attorney’s Office. My partner, Hunter Biederman, recently wrote about a similar issue we experience with prosecutors from Collin County. To read Hunter’s article click this link.

Prosecutors have an affirmative duty to not seek conviction but to do justice. This mandate is found in the Texas Code of Criminal Procedure Article 2.01 which reads, in part, “It shall be the primary duty of all prosecuting attorneys…not to convict, but to see that justice is done.” Don’t misunderstand the tone of this article. As a former prosecutor from Collin County I know that the majority of the prosecutors there are talented, ethical and conscious attorneys. However, as with any office, there are a few instances where individual prosecutors have lost there sense of purpose and have employed tactics that run counter to doing “justice.” Although, I will not name names (YET!) below please find a few situations that I have experienced with my clients where prosecutors have employed tactics that were counter to the interest of justice.

Continue reading "Doing Justice? I Think NOT!" »

It was a bitter-sweet week for me personally. Early this week, it was announced that Governor Perry had made the decision to appoint current Collin County Court at Law 4 Judge Ray Wheless to the 366th District Court bench. One the one hand, I celebrated Judge Wheless’ appointment because it was a great day for his family and him and because I have no doubt he will be a FANTASTIC district court judge. One the other hand, however, it is extremely sad to see the man I consider my professional mentor leave the county courthouse where most of my practice is concentrated.

I have had well over 70 trials in front of Judge Wheless in my career. In my humble opinion, Judge Wheless embodies the characteristics that we should all hope for in a judge. Judge Wheless has delivered justice when it was required, made difficult rulings without hesitation, always upheld the standards of law enforcement, and most importantly never lost his compassion for the individual accused.

In addition to his work as a county court judge, Judge Wheless has helped countless citizens overcome the burdens of addiction to get their lives back on track through his DWI / Drug Court Program. I personally have had numerous clients enter his program. The transformation that some have made with the help of Judge Wheless and his court staff through the Drug Court Program is amazing and should be recognized. I personally have witnessed lives that have been changed thanks to the hard work of all involved in the program.

Lastly, not only is Judge Wheless moving to the District Court but he is taking with him his fabulous court staff. Judge Wheless’ court staff includes; Court Coordinator, Melissa Andrews; Court Reporter, Angela Coker; and Bailiff, Bobby Chacon.

Melissa, Angela and Bobby are good friends and have always went out of their way to help attorneys, especially those who sometimes do things like forget a court date, accidentally sets hearings on a Saturday, or who tell juries to go to the “delivery” room and bring back a verdict. Sound familiar, guys? You three will be missed!

Good luck to Judge Wheless and his staff and congratulation to the citizens of Collin County. I have NO doubt that the new 366th District Court will be a court to be proud of.

Former Dallas Cowboys receiver Terry Glenn was recently arrested and charged with public intoxication. Under Texas Law, a person commits the offense of public intoxication if he/she appears in a public place while intoxicated to the degree that the person may endanger him/her self or another. (See Texas Penal Code section 49.02). Public Intoxication in Texas is punishable as a Class C Misdemeanor.

Although numerous citizens are routinely charged with public intoxication outside of area bars and restaurants, the State usually has a hard time convicting people of public intoxication when the charge is challenged. The reason it is hard for the State to prove the crime of public intoxication is because of its definition in the penal code.

Continue reading "Terry Glenn Public Intoxication Arrest" »

If you have been charged with Driving While Intoxicated (DWI) in Texas, an ALR Hearing is important to your future driving privileges. You have 15 days from the day of your DWI arrest to request an ALR hearing. If you fail to request a hearing within 15 days, or if you do not properly request a hearing, your driver's license will automatically be suspended 40 days after your arrest. See our previous post here for more information about the ALR process.

ALR hearings are important because it gives you an opportunity to challenge the suspension of your driver's license. There are various ways to defend your driving privileges at an ALR hearing including, but not limited to, finding flaws in the State's paperwork, subpoenaing witnesses and cross-examining the arresting officers and/or technical supervisors about your case. A flaw in the State's paperwork, an absence of a subpoenaed witness or a proper cross-examination of a witness may defeat the State's ALR case against you and prevent the suspension of your driving rights.

In addition, an ALR hearing may provide the defense a chance to TKO the State's criminal case. For an explanation on how the State's criminal case may be defeated in an ALR hearing, see the post below from our Dallas DWI Blog.

Why ALR Hearings are Important: Because they can TKO the State's Case
by Troy Burleson

As we have reported here before, the first thing a person must do after his or her DWI arrest is to request an ALR hearing. This MUST be done within 15 days of your arrest. For more explanation on the ALR process see our former post.

Clients often ask why an ALR hearing is important for good reason. Most attorneys put little effort into the ALR process because they see them as lost causes. State-wide, people lose about 85% of ALR hearings. At our office, we WIN close to 60% of our ALR hearings. The reason we have such a high success rate (60% compared to the state average of 15%) is because of our aggressive tactics in these hearings.

TKO'ing the State's Criminal Case at an ALR Hearing.

Last week, one of our client's was found NOT GUILTY of a DWI. The client in this case gave a breath sample of .170 which is over twice the legal limit of 0.08 AND admitted to the officer that he was intoxicated.

How did we get a not guilty verdict? Because we destroyed the State's case during the ALR hearing. Here are some things you need to know about the ALR hearing:

1) They are mini-trials. We get to cross examine the officer about the facts of your arrest;

2) The testimony is given under oath. This means that whatever the officer testifies to in the ALR hearing is under oath and on the record. Therefore, we can pin the officer's testimony down in the ALR hearing. If he/she changes their story at the criminal trial, we can use the ALR transcript to impeach the officer;

3) The officer has not been "coached" by the prosecutors yet at the ALR hearing. The criminal prosecutors do not handle ALR hearings for the State. An attorney for the DPS does. Typically, the state's prosecutor will meet with officers prior to the criminal trial to go over the facts of the case and "remind" the officers of certain facts. In other words, coach the officer on what to say on the stand. This is not the case in the ALR hearing. As such, the defense has a tremendous advantage in these hearing because we get to cross-examine the officer before he/she has been coached by the state.

How Did the ALR Hearing Allow Our Client to Be Found Not Guilty?

My partner, Hunter Biederman, handled the ALR hearing is this particular case. Hunter reviewed the police report prior to the hearing and found that the officer made a huge mistake. In the report, the officer’s only listed reason for stopping our client was that he failed to stop behind a designated line at a stop sign. Hunter then reviewed the video and saw that the officer was correct, our client did not stop and the designated stop line. However, there was a crosswalk and our client DID STOP behind the crosswalk.

Hunter then did a little legal research and discovered that our client committed no violation of the law. Under Texas law, as long as you stop behind a crosswalk there is no violation. Therefore, the officer made a mistake of law. As such, this was an illegal stop and, under the law, any evidence gathered against our client (including the breath test) would be inadmissible in trial.

Hunter cross examined the officer at the ALR hearing about the stop and got her to admit that our client stopped behind the crosswalk and that there were no other traffic violations that would warrant stopping the client. We then got the ALR transcript and set the case for a jury trial.

What Happened at Trial?

On the day of trial we filed a Motion to Suppress all evidence against our client due to an illegal stop. In the motion, we presented the court with the ALR transcript and law regarding stop signs and crosswalks (Section 544.010(c) of the Texas Transportation Code). We then had a hearing on the motion.

The State tried to "Coach" the Officer but it was TOO LATE

Once the State read our motion, they meet with the officer and tried to figure out a way around the officer's prior testimony. The State tried to have the officer offer an alternative reason as to why she stopped our client. After the State's presentation, the trial judge read the ALR transcript and dismissed the State's argument.

As a result, the judge granted our motion and suppressed all evidence gathered during our client's illegal stop, including the breath test result. Thus, the State had no evidence against our client and he was found NOT GUILTY.

What Would Have Happened Without the ALR HEARING?

If my partner, Hunter Biederman, would not have fought as hard in the ALR hearing, the results would have been much different. The State, most likely, would have coached the officer prior to trial and the officer would have offered an alternative excuse for why she stopped our client. However, since we had pinned her testimony down at the ALR hearing, this was not an option for the State. Our client was found NOT GUILTY because of how we handled the ALR hearing. So, don't let anyone tell you that ALR hearings are not important. Our client would beg to differ. After being TKO’d on a breath test case, the State would disagree as well.

Many of you have seen the picture above and read the recent story about Olympic Gold Medalist Michael Phelps. Apparently, Mr. Phelps was photographed smoking what appears to be a marijuana pipe or bong. It is doubtful that Mr. Phelps will be charged with a criminal offense , although his image may take a few hits. It is only under very rare circumstances that a person can be charged based on a photograph of an alleged crime.

However, if you are curious as to what the State of Texas would have to prove to convict Mr. Phelps of possession of marijuana, and his possible defenses to the charge, he is a quick summary of the Texas law regarding possession of marijuana.

The first thing to know about the crime of possession of marijuana in Texas is that the crime is not laid out in the Texas Penal Code, unlike most other crimes. Instead, it is found in Title 6, Section 481.121 of the Texas Health and Safety Code. Under the code, a person commits the offense of possession of marijuana if the person:
a) Knowingly; or
b) Intentionally
c) Possesses a usable amount of marijuana.

Knowingly or Intentionally? What is the Difference?

Knowingly or intentionally describes the mens rea, or mental state, required for a person to commit a certain crime. A person "knowingly" possesses something if he/she is aware that their conduct may reasonably lead to possession. A person "intentionally" possessed and item when he actually has a conscious desire to possesses the item and engaged in conduct to acquire possession. So essentially, the State must prove that you either took acts to obtain possession or you took acts that you new would acquire possession.

What does it mean to "Possess" marijuana?

Possession is defined as care, custody or control of an item. For example, if marijuana is in your pocket, you have care, custody and control. However, if you are riding in someone's car and marijuana is in the trunk, you may not have care custody and control.

What is a "usable" amount of marijuana?

Basically, use your common sense. If you can roll it and/or smoke it in any way, it is a usable amount. However, there are specific rules for how marijuana is weighed for purposes of defining the amount, and thus the range of punishment. The code says the following about how marijuana is weighed:
"Marihuana" means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds. The term does not include:
(A) the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;
(B) the mature stalks of the plant or fiber produced from the stalks;
(C) oil or cake made from the seeds of the plant;
(D) a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or
(E) the sterilized seeds of the plant that are incapable of beginning germination.

What is "Marijuana"

Texas Law has a specific definition for marijuana. Under Texas Law, Marijuana is defined as:
"Marihuana" means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.

How May the Definition of "Marijuana" Help You Case?

Very rarely do law enforcement agencies actually chemically test marijuana to determine if it is Cannabis sativa L. See, there are many Canibi (marijuana) stains and only one, Cannabis sativa L, is illegal. Therefore, if law enforcement agencies do not test the marijuana, it can be argued that the State did not satisfy its burden of proof under the law.

This argument can be, and has been, successful when there are people on the jury panel who think marijuana should not be illegal. Texas case law states that marijuana is common enough that a lay person can identify it, thus alleviating the need for a chemical test. However, with the right jury panel, and without a test showing Cannabis sativa L, you may have a good chance at a not guilty verdict.

So, back to Michael Phelps. He will most likely not be charged with possession of marijuana. But if he is and he happens to read this article, maybe he will have a better understanding of what the State has to prove and his possible defenses. Remember Michael, if all else fails just claim you were smoking oregano.

Texas Penal Code Section 49.02. PUBLIC INTOXICATION.
(a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.
(b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician.
(c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
(d) An offense under this section is not a lesser included offense under Section 49.04.
(e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.

Texas DWI Laws: A Review

From Collin County DWI Attorneys

Charged with DWI in Texas: Here is a quick review of the Texas DWI Laws

Classification of DWI under Texas Law: Texas Penal Code §49.04.
Under Texas Law, an offense for Driving While Intoxicated (DWI) can be classified many ways depending on the facts surrounding the arrest for drunk driving and the prior criminal history of the accused. The Classifications of DWI under Texas Law are as follows:
• DWI, First Offense: Class B Misdemeanor
• DWI, Second Offense: Class A Misdemeanor
• DWI, Third Offense (or more): Third Degree Felony
• Intoxicated Assault: Third Degree Felony

First Offense DWI: Class B Misdemeanor: Texas Penal Code §49.04
A first offense or Driving While Intoxicated is a class B misdemeanor and defined by Texas Penal Code § 49.04. Under Texas Law, the State must prove the following elements beyond a reasonable doubt to convict a person of driving while intoxicated:
1. The defendant;
2. On or about a certain date;
3. Operated a motor vehicle;
4. In a public place;
5. In a particular county in the State of Texas;
6. While Intoxicated.

Definition of “Intoxication” under Texas Law
The most commonly disputed element in a DWI trial is the “while intoxicated” element. The State of Texas has defined “Intoxication” as [Texas Penal Code §49.01(2)]:
1. “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
2. “having an alcohol concentration of 0.08 or more.”

Therefore, the State may prove a person is “intoxicated” for the purposes of a DWI conviction in three (3) different ways:
1. not having the normal use of physical faculties OR
2. not having the normal use of mental faculties OR
3. having an alcohol concentration of 0.08 or more.

It is important to note that a jury does not have to reach a unanimous decision on the manner or means of intoxication. Therefore, the jury does not have to agree how a person is intoxicated, only that they all agree the defendant is intoxicated by one of the three ways above. BUT, it is important to remember that the State must prove a person is intoxicated at the time of driving. This can sometimes be a problem for the State when a long period of time elapses between when a person was arrested and when sobriety tests were preformed.

1st Offense DWI: Class B Misdemeanor: Range of Punishment and Consequences.

The punishment for a first offense DWI is:
• A fine not to exceed $2,000.
• Confinement in the County Jail for a term not less than 72 hours and not more than 180 days.
NOTE: Most people convicted of a first DWI offense are granted community supervision (“probation”) instead of serving time in the County Jail. Generally, probation can last anywhere from 12 to 24 months. If you are granted community supervision in your case, the following conditions could apply:
• Not less than 24 hours of community service nor more than 100 hours.
• Drug and/or Alcohol evaluation and any conditions associated with that evaluation.
• Complete a DWI Education course within 180 days for the date of conviction.
• Attend and complete a M.A.D.D. Victim Impact Panel.
• Maintain suitable employment, commit no other crimes, and remain at the same residence and employment unless notification is given to the community supervision officer.
• Report monthly to the supervision office and pay a monthly supervisory fee (usually between $40-$60).
• Pay all fines and costs in a timely manner.
If your case involves certain “bad facts” then additionally conditions may be imposed as well. “Bad Fact” cases are those which involve either a high level of intoxication, dangerous driving facts, or prior criminal history. In these types of cases, a judge in his or her discretion may impose the following conditions:
• Deep lung air device: This condition requires you to install and maintain a device on your vehicle. The device requires a breath sample before it will allow your car to start. In addition, these devices may require you to give periodic breath samples while your car is running.
• Restitution: If you are involved in an accident, the court may require you to pay restitution for damages not covered by insurance.
• Confinement: Even if you are given community supervision, the court may require you to be confined in the County Jail as a condition of your probation. In some cases, judges will require a defendant to go to jail for 3 to 5 days as a condition prior to being placed on probation.
• Alcohol Treatment: The court may order a person to attend AA or other counseling programs during probation. This condition is usually ordered if you have an unfavorable drug or alcohol evaluation.
• No Alcohol: Some courts require a person not to consume any alcohol during the period of community supervision. Courts monitor this condition by requiring a person to submit to random urinalysis.

2nd Offense DWI: Class A Misdemeanor.
Under Texas Law, if it is shown that a person has been previously convicted of DWI, the punishment and penalties after the conviction are increased or enhanced. NOTE: Texas can use prior convictions that occurred in a different state to enhance a Texas DWI.

The punishment for a second offense DWI is:
• A fine not to exceed $4,000.
• Confinement in the County Jail for a term not less that 30 days or more than one (1) year.
• 80 to 200 hours of community service.
• A Deep Lung Device is typically required for all DWI second offenders.
• A possible driver’s license suspension of 180 days to two (2) years.
• T & C Jail Time: Texas law requires that a person serve some time in jail for a second offense DWI even is he or she is granted community supervision. This is known as “T&C” time or “Terms and Conditions” or probation time. T&C time can be up to 30 days. However, most courts impose five (5) days of T&C time if your prior DWI is less than five (5) years old and three (3) days T&C time if your prior DWI is grater that five (5) years old.
• NOTE: Condition of Bond: Most courts will require a person who has been charged with a second DWI offense to install a deep lung device on his or her vehicle as a condition of bond. This means that in order to get a bond and be release from jail, a person must install a deep lung device on his or her car and it must remain there while the case is pending or until the judge orders that it can be removed.

Third Offense (or greater) DWI: Third Degree Felony.
The Punishment for a third offense (or greater) DWI is:
• A fine not to exceed $10,000.
• Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less that two (2) years nor more that ten (10) years.
• A Deep Lung Device is generally order as a condition of bond and as a condition of any occupational or provisional license that may be awarded after a conviction for Felony DWI.
• A possible driver’s license suspension of 180 days to two (2) years.
• SAFP: Substance Abuse Felony Probation. The court may order mandatory rehabilitative treatment for people convicted of felony DWI. This treatment may be imposed as an alternative to serving time in the penitentiary. SAFP is an in-patient; incarceration program ran by the state of Texas. This program requires confinement in a state facility for alcohol rehabilitation. After completing the SAFP program, the person is then released and placed on probation for a term not to exceed ten (10) years.

From the State Bar of Texas' online "Citizen's Guide" to the Texas Criminal Justice Process.

WHAT HAPPENS AFTER A CRIME IS COMMITTED?

After a crime is committed, the preliminary investi- gation by a law enforcement agency generally begins when responding officers arrive at the scene of the incident. Emergency matters are handled and the crime scene secured. In most cases an officer will meet with the victim in person to obtain important information concerning the crime. Witnesses are questioned. Any suspect at the scene is detained, questioned, and then released or arrested, depending on the circumstances. Additional responsibilities during the preliminary investigation may include: photo-graphing, videotaping, measuring and sketching the scene; searching for evidence; identifying, collecting, examining, and processing physical evidence; and recording all observations and statements in notes.

Despite a thorough preliminary investigation, many cases require a follow-up investigation to close the case, arrest an offender, and/or recover weapons or stolen pro-perty. The follow-up investigation can be conducted by the officers who responded to the original call or, most often, by detectives. Investigative leads that may need to be followed-up include: checking the victim’s background; determining who would benefit from the crime and who had knowledge to plan the crime; tracing weapons and stolen property; and searching modus operandi (manner of operation), mug shot, and fingerprint files. Petty thefts and like misdemeanors will obviously not receive the same in-depth investigation as a major crime like murder or sexual assault.

After the law enforcement agency has completed its investigation, the case may be filed with the prosecuting attorney for review and, if appropriate, criminal prosecution. The prosecuting attorney considers such matters as the legality of the arrest, whether certain evidence essential to the case was legally obtained, and/or whether additional investigation is required. Depending on the facts and law involved, the prosecuting attorney may: accept the case for prosecution as filed; increase/reduce the charge filed; file additional/different charges; return the case for further investigation; or reject the case for prosecution.

From the State Bar of Texas' online "Citizen's Guide" to the Texas Criminal Justice Process.

WHAT ARE THE RIGHTS OF THE PERSON ARRESTED?

The person making an arrest is required without unnecessary delay to take the person arrested before a magistrate. The magistrate is required to inform in clear language the person arrested of: (1) the accusation against the person arrested and of any affidavit filed therewith; (2) the right to retain counsel; (3) the right to remain silent; (4) the right to have an attorney present during any interview with peace officers or attorneys representing the state; (5) the right to terminate the interview at any time; (6) the right to request the appointment of counsel if the person arrested is indigent and cannot afford counsel; (7) the right to have an examining trial; and (8) the person arrested is not required to make a statement and any statement made may be used against the person arrested. The magistrate is also required to allow the accused reasonable time and opportunity to consult counsel and to be admitted to bail if allowed by law.

A peace officer who is charging a person with committing an offense that is a class C misdemeanor (other than public intoxication), may, instead of taking the person before a magistrate, issue a citation (ticket) to the person that contains written notice of the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged.

Additional rights of an accused in a criminal prosecution include: the presumption of innocence until proven guilty be-yond a reasonable doubt; the right against self-incrimination; the right to not be prosecuted for a felony unless indicted by a grand jury; the right to a copy of the accusation and a speedy trial by an impartial jury; the right to confront (cross-examine) the witnesses and to have compulsory process (subpoena) for obtaining witnesses, and the right of appeal.

The defendant in a criminal prosecution for any offense may waive any rights secured him/her by law. It should be noted, however, that in a capital felony prosecution in which the prosecutor notifies the court and the defendant that the state will seek the death penalty, the defendant does not have the right to waive trial by jury.