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Early Release from Probation

Did you know that it is possible for the court to give you Early Release from Probation in most cases? As long as you keep up with all of the conditions, the law does allow probation to end early. There are two main opportunities for the judge to review your record for early release: Discretionary and "Mandatory". Discretionary Review for Early Release from Probation Texas Code of Criminal Procedure 42A.701(a) states: At any time after completing the lesser of one-third (1/3) or two years of probation, the judge MAY reduce or terminate probation. The word "may" in a statute like this means...

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Texas UCW: Getting a Seized Weapon Back

After a Texas UCW arrest, police usually seize your gun. But, what happens to the weapon after the Texas UCW case ends? The answer is not very clear. Texas Code of Criminal Procedure 18.19 states the rules regarding what happens to seized weapons. Return of the Weapon if UCW Charge is Dropped As mentioned in one of our other posts, Texas UCW is usually "tacked-on" to another charge (such as Texas DWI). That said, a typical (but not guaranteed) result is that the State drops or plea-in-bar's the UCW as part of a plea agreement to the "primary" charge. When this situation...

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Criminal Record Enhancements for DWI

Did you know that there are Criminal Record Enhancements for DWI? Even other charges might enhance your DWI. Importantly, a prior felony impacts the potential punishment for your DWI. For example, a felony assault you picked up when you were younger might come back to haunt you. Keep in mind that this is all general. If there is a specific enhancement that applies to a specific offense, that enhancement usually controls over the general rule. For misdemeanors, Texas Penal Code 12.43 contains the general enhancement rule. On Class A misdemeanors, the minimum term of confinement becomes 90 days (but the upper...

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Texas DWI Blood Tube Recall

Despite having many problems, DWI blood tests have become the norm for many police agencies as part of a DWI investigation. Any problem with the tube or the substance within the tube can have *huge* ramification on DWI blood test accuracy. This is why a Texas DWI blood tube recall means that the problem might cause inaccuracies when tested. BD, one of these medical companies, issued a recall of just under 250,000 tubes because of an issue with the preservative. To illustrate, the preservative is, as the name implies, designed to preserve the blood and combat issues like fermentation. Without this...

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How Much Does a DWI Lawyer Cost to Hire?

After a Texas DWI Arrest, many questions probably race through your mind, such as: "How much will it cost to hire a lawyer for a Texas DWI?" "What is the normal Texas DWI lawyer’s fees?" "How do lawyer fees work for a DWI?" These are very good questions. A Texas DWI Arrest can be scary. It is also alarming thinking about hiring a lawyer and not knowing how attorney fees work. Here are how the fees work at The Coffey Firm. The Coffey Firm is proud to have fair pricing. Fair to you and fair to the firm. Our attorney’s fees are a...

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Meaning of a Deadly Weapon finding on DWI

What is the meaning of a deadly weapon finding on DWI? A deadly weapon finding in a Felony DWI can be very dangerous. One of the primary goals for a DWI Defense Lawyer is to get the District Attorney to waive the deadly weapon finding. By waiving the deadly weapon paragraph, more options begin to open. For example, after waiving the deadly weapon finding probation becomes a possibility. I didn't have a gun during my DWI Arrest! What is the meaning of a Deadly Weapon finding on DWI? This is a very good question. When people think "deadly weapon" they think of...

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Probation Revocation: Do I get “Time Served” if my Probation is Revoked?

The short answer is, unfortunately, NO. The longer answer makes it more of a "not exactly". The main goal of a Criminal Defense Lawyer in a Probation Revocation hearing is to, of course, avoid revocation. But, the truth of the matter is that certain probation violations cause more problems than others. Though not ideal, there are a couple of "exceptions" to not getting "time served" on a revoked probation. Do I get "Time Served"if my Probation is Revoked? The statute regarding Revoked Probation is 42A.755 of the Code of Criminal Procedure. When the court revokes your probation, it has two options. First,...

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Will I lose my VA benefits after a DWI?

I got a DWI! Will I Lost my VA Benefits? Let's start with the good news. In most common situations, you will not lose VA benefits because of a criminal charge. The issues arise in two situations: (1) when you are facing a felony charge, or (2) when in jail or prison for more than 60 days. Because DWI is a misdemeanor (except 3rd or more), most veterans will not have to worry about losing VA benefits. Even if sentenced to jail time, VA beneficiaries can generally receive full benefits if otherwise entitled. For felonies, though, the situation becomes somewhat more complicated....

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Can You Win a DWI?

Can I win my DWI case? A common question is "Can You Win a DWI?". Obviously, a win is a redemption of the charges. Simply, though, a "win" is satisfying the client's goals. Like most other issues in criminal law, DWIs are not Black & White. All cases are different, and all clients are different. Sometimes the facts are favorable. Other times a win is a mitigation of damages. The Coffey Firm's #1 goal is to achieve our client's objectives. We want to get you back to where you were before the arrest or better. It goes without saying that The Coffey...

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What is the DWI Eye Test?

The DWI eye test is called the Horizontal Gaze Nystagmus. This is the first of the three "standard" DWI tests. During this test an officer might have a pen-light or might use a finger illuminated by a flashlight. The officer will move the light or the finger to the left and right. The purpose of the test is to see if there is any involuntary jerking of the eye. There is a second part of the test that looks for "vertical" nystagmus, but that is not considered "standardized" like the HGN. As part of the test, police instruct you to follow...

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