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Helpful Legal Information

Unlicensed Carry and LTCs

By now the phrase "Constitutional Carry" likely sounds familiar. The general idea is that individuals can now carry a handgun without a license. But, what exactly is going on between Unlicensed Carry and LTCs? When most people heard about Unlicensed Carry, they probably thought that the whole LTC system was scrapped. That is far from the truth. While the new law amended the LTC system slightly, LTCs still very much exist. Though a license is no longer necessary to carry, there are still benefits to obtaining a license. Put simply, the new law did not repeal the LTC program. Some Confusing Points...

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Fake Deferred on Licenses to Carry

Be wary about the effect of the Fake Deferred on Licenses to Carry. Do not let deferred adjudication fool you. While there are many benefits to deferred adjudication, such as somewhat easier requirements for a nondisclosure, there are also many nonsensical rules. As mention in another blog, sometimes deferred adjudication counts as a conviction for enhancement purposes. This occurs frequently for Deferred Adjudication DWI and Deferred Adjudication Family Violence. But, you may not know that deferred adjudication also affects your License to Carry. Despite the new 'Constitutional Carry' law, Licenses to Carry are still very relevant. In other words, the 'Constitutional...

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Parole: Who is Eligible?

Most of us who watch television or movies are likely familiar with the phrase "life without the possibility of parole". We might also be familiar with the "death sentence". But what exactly is parole? The easiest illustration, though not fully accurate, is that it is a type of probation. Upon a jail sentence, the court sentences a convict to spend X amount of time in jail. For example, giving a 5 year jail sentence on a felony DWI. The way parole works is that, after a certain amount of time, the convict might be given parole. On parole, the convict is...

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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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