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Texas Firearm License to Carry WARNING

THIS IS AN IMPORTANT WARNING for those who currently have a license to carry a handgun!! Many Texans need a license to carry so they can have some form of personal protection. This is especially true for those who need to travel extensively for work and want to prepare for unexpected situations. However, the law allows Texas DPS to take away (revoke) or suspend a license to carry in certain circumstances. Many LTC holders understand that a criminal conviction is one of those situations and will reluctantly agree to the suspension. There is one major problem. Texas DPS can suspend your License...

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DWI Truths That Will Blow Your Mind

Texas DPS DWI Truths An important DWI Truth: despite what many may think, the Texas Department of Public Safety is not directly related to the criminal case for a DWI. Texas DPS only handles the drivers license suspensions, including commercial drivers license suspensions. The main problem is that Texas DPS has specific rules regarding suspensions for both regular and commercial licenses. Mimi knows how crazy the Texas DPS rules are. Mimi has been fighting against these crazy rules throughout her 25 years as a DWI Defense lawyer. Some of the crazier rules are: Texas DPS can suspend your CDL for either a...

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Texas Family Violence Charges: Enhancement for Family Violence

Some people get their family violence charge reduced to a class C assault ticket. While the reduction probably felt good at the time, WATCH OUT! Even if the court orders deferred adjudication for the ticket, THEY CAN STILL USE IT TO ENHANCE A FUTURE CHARGE. Similar to the Fake DWI Deferred Adjudication, even placement on deferred adjudication for an assault counts as a “conviction” under the law.  That is why it important to know all your options before deciding what you want to do with your case.  While a plea may seem like a quicker and easier route, trial may be your...

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Texas Expunctions & “Criminal Episodes”

Expunctions Getting an expunction in Texas is a way for people to legally eliminate information about their criminal records, including arrests. Expunctions are rare and obtaining one can be difficult. They become much more complex if you face multiple charges. To obtain an expunction, there are certain requirements that you must meet. However, you may be ineligible on a charge depending on the circumstances surrounding your arrest. If you are looking for an "expunction lawyer near me", contact our office. We will discuss your eligibility for an expunction. Texas Code of Criminal Procedure § 55.01 deals with expunctions. Specifically, subsection (c) states,...

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The Importance of Your DWI Video

Many people arrested for DWI are not aware they they have the right to request video footage of their arrest. Before September 1, 2015, DWI arrestees did not have that right. That changed with the 84th Texas Legislative Session when Charlie Geren (the representative for District 99 (Fort Worth)) introduced House Bill 3791 (HB3791) on March 13, 2015. The bill passed the Texas House on May 5, 2015, and passed the Texas Senate on May 27, 2015. Governor Abbott signed it into law on June 19, 2015. What you may not know is that Mimi was the criminal defense lawyer...

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Texas Unlawful Possession of a Firearm & Unlawful Carrying Weapon (UCW)

Unlawful Carrying Weapon and DWI sometimes go hand-in-hand. Mimi is used to seeing UCW charges added onto DWIs. Mimi is well-known as one of the most knowledgeable criminal lawyers on the subject of DWI. This is because she is board-certified in DWI by the NCDD. If you are looking for a "criminal lawyer near me", know that she handles most all of North Texas. What is Unlawful Possession of a Firearm? Unlawful Possession of Firearms occurs when a person possesses a firearm a certain amount of time after a criminal conviction. Texas Penal Code § 46.04 defines the offense of Unlawful Possession of...

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Interlock Devices and Exceptions

Hate having an interlock? Want to get it off? Courts may, and sometimes must, you to install a device in your car called an ignition interlock. This device, in simple terms, is a breathalyzer that you must use to start you car. Some interlocks will also take a picture when you blow into it to make sure it is you (or a technician). If someone else blows for you, you may be at risk for DWI probation revocation or DWI bond revocation. This post aims to explain when courts may order you to install an interlock, and some of the exceptions...

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Defending Asleep-at-the-Wheel Cases

Defending Asleep-at-the-Wheel Cases By Mimi Coffey Ethanol is a central nervous system depressant. As one ingests more, the body is subject to more central nervous system depressant effects up to and including death. One of the well-known side effects of the ingestion of alcohol is sleepiness. However, an issue in a DWI case is the ability to scientifically distinguish between sleep deprivation and intoxication. Sleep deprivation brings about changes in physical and cognitive behaviors which are very similar to alcohol impairment including disorientation, slurred speech, and the inability to control the body and perform simple tasks.[1] Although they are frequently used interchangeably,...

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Family Violence: What Are My Options?

Are you kidding me? She called the police because she was mad. Now the police arrested me for Family Violence. Do I need an assault lawyer? (to simplify, I use "she" as an example, but this applies to “he” all the same) Sometimes, calling the police to settle a relationship dispute can lead to bigger problems down the road. Call the police when you encounter a real issue such as burglary or assault. AVOID CALLING THE POLICE BECAUSE YOU ARE UPSET AND ONLY WANT THE POLICE TO INTERVENE. If there is an allegation of assault, the chances of jail time are...

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Questions About Texas DWI and DWI related Probation Revocations

Oh no! I Screwed Up My Texas DWI Probation! What Can I Do? I failed my interlock device. Am I going to jail? What will happen to me on Texas DWI probation if I test positive for alcohol on my drug test? (Assuming no alcohol is a condition of probation) How long does it take after you have a drink to pass a drug test for alcohol? These are all very common questions for someone who is on Texas DWI probation.  Chances are if you are reading this, you may be facing a DWI probation revocation. Please call us immediately so that we...

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