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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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What are the DWI Tests Called?

One of the most common questions asked about DWIs is for information about the DWI Tests. There are three "standard" tests police officer have you perform during a DWI investigation. These three tests are: HGN ("eye" test), Walk-and-turn (walking test), and One-Leg Stand. There are other tests that police sometimes use, but they are non-standardized tests. However, even the "standardized" tests are plagued with issues. What are the DWI Tests? Before making any judgement on the "accuracy" of the tests, it might help to know exactly *what* the tests are. The DWI Eye Test - HGN The first of the three "standardized" tests is...

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Can you get a DWI Blood Test Thrown Out?

How can you Suppress a DWI Blood Test? "Can you get a DWI Blood Test thrown out?" is a very common question in Texas DWI Defense. While most people assume that a DWI Blood Test is automatically admitted, the truth is not so simple. There are various issues when it comes to DWI Blood Tests. Perhaps the person drawing blood performed the blood draw incorrectly. Or, maybe the seals on the blood tubes were faulty. These are just two broad examples. A DWI Blood Test is a scientific issue, meaning it must satisfy the legal test for scientific evidence. In short,...

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Can a Criminal Defense Lawyer Defend a DWI the same as a DWI Lawyer?

While most think that a DWI is just another criminal charge, the truth is that DWI is a highly technical area of the law. A DWI case contains many technical issues such as the DWI blood draw or DWI breath test, to name a couple examples. Can a Criminal Defense Lawyer Defend a DWI the same as a DWI Lawyer? While a regular Criminal Defense Lawyer might know how to navigate the court system, they do not have the same amount of knowledge or experience in navigating the science behind a DWI case. A Board Certified DWI Lawyer, such as...

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How can I get a DWI off my record?

At the Coffey Firm, we understand that sealing a DWI is still a "fake" measure. A Deferred Adjudication DWI is still a "conviction" if you get another DWI. The government can still see sealed DWIs at all times. Our main goal is to avoid a DWI if possible, including fake dismissal DWIs. The Coffey Firm will fight to get, and keep, a DWI off your record. A very common question for anyone with a DWI on their record is whether it will stay on their record. Similarly, many ask if there is a way to get a DWI off their record....

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Are DWI Blood Tests Accurate?

Some initial questions: I thought DWI blood tests were automatically admitted? Isn't blood testing the gold standard? The answer to both is NO. A judge or jury may disregard DWI blood tests. When it comes to scientific evidence, there are many factors that a court needs to consider when determining the reliability of a scientific theory or technique. While these factors apply to both civil and criminal cases, these factors might mean the difference between suppression of evidence and a conviction in criminal cases. In Texas, these factors mainly come from three cases: Frye, Daubert, and Kelly. I will go through...

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Life Insurance & Texas DWI

Life insurance is very important to ensure that loved ones have some security in case the worst happens. But, did you know that a DWI conviction might negatively impact your ability to obtain life insurance? While there does not seem to be any law stating life insurance consequences of a DWI, many life insurance companies tend to make obtaining a policy difficult with a DWI on a person's record. For most companies, there is a 2-3 year waiting period after a DWI to get a life insurance policy. However, some companies might have a person wait up to 5 years,...

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