21 May

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Defending Asleep-at-the-Wheel Cases

Name: The Coffey Firm
Price range: $$$

Posted by Mimi Coffey

in Helpful Legal Information

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, the terms fatigue and sleepiness are vastly different. One study makes the distinctions:

Fatigue is a more complex phenomenon that may be defined as the decreased capability of doing physical or mental work, or the subjective state in which one can no longer perform a task effectively.[2] Sleepiness has a more specific meaning than fatigue, relating to reduced alertness as a result of increased pressure to fall asleep… It is associated with decrements in

vigilance, reaction time, memory, psychomotor coordination, information processing, and decision making.[3]

Studies have shown that a sleep deprived individual can exhibit a lack of coordination, memory impairment, personality change, irritability, blurring of vision, unsteadiness and transient confusion.[4] Additionally, the emotions of a sleep deprived person can be negatively affected. A strong relationship has been found between sleep and the intensity of manic symptoms. [5] A study on male teenagers has proven a correlation between sleep deficiency and aggression[6]. Extensive lack of sleep (over a few days) has shown decreased emotional intelligence, deteriorated interpersonal skills, enhanced esoteric thinking and a tendency to become superstitious, as well as intense frustration and aggression.[7] An area of concern arises in the context of sleep deprivation prevalence, which exists even separate and distinct from alcohol use. It is estimated that 30-50% of all adults suffer from some form of sleep deprivation, which affects their thinking, ability to process information, and reaction time.[8]

In discerning the impact of sleep deprivation, it is important to understand that this phenomenon is not related to the last 24 hours of one’s day. It has been shown that getting six hours of sleep for ten days straight is the equivalent of a sleep deprived person who has not slept in 24 hours[9]. The key for the attorney is to delve deep into the facts and determine whether sleep deprivation issues are relevant and to what degree. Fatigue of 20-25 hours of sleeplessness impairs task performance comparable to a .10 alcohol concentration.[10] Another study focused on time of day and the body’s circadian rhythm revealing that between 10:00 pm and midnight, deficits from sleep equivocated to a BAC of .05%[11]

The Horizontal Gaze Nystagmus test has been proven to be very problematic according to the 2007 National Highway Traffic Safety Administration’s Robustness of The Horizontal Gaze Nystagmus Test Study. Their own data proves false positives for those not .08 or more. Dr. Karl Citek, an often-referenced government advocate of the HGN, testified under oath in a Daubert hearing of In re Seiler on February 13, 2014 that 50-60 % of normal sober individuals will exhibit end point nystagmus (HGN at maximum deviation).[12] He concedes that he has seen individuals demonstrate all six clues, as well as vertical, while under the .08 limit.[13] In that same hearing he testified that, in the study he conducted in 2011 involving sleep deprivation of at least 24 hours, there were no effects on the field sobriety tests[14]. One must carefully analyze this study and its source. He is referring to his Sleep Deprivation Does Not Mimic Alcohol Intoxication on Field Sobriety Testing study which had representatives of the Oregon State Police and Washington County (Oregon) Sheriff’s Office as two of its authors.

On the first page of his study, Citek concedes that “SD (sleep deprivation) has been shown to affect saccadic eye movements (the jerking looked for in the HGN). [15] His graph of endpoint nystagmus (HGN at maximum deviation) shows nearly 90% of sleep deprived individuals displaying these clues with less than .04 alcohol[16]. The study is flawed as only 1 out of 29 test subjects was over 34 years old (not representative of the DWI population) and none of the tests were conducted during typical DWI arrest times (past midnight into early morning where the one’s circadian rhythm is disrupted). Yet despite such a biased study, Citek’s statistical analysis showed that the One-Leg Stand count (cognitive reasoning) decreased with sleep deprivation.[17] Outside the HGN test, police officers frequently use “bloodshot eyes” to describe an intoxicated person. Yet this is a very common physical sign of fatigue. As a matter of fact, in Jack Stuster’s U.S. Department of Transportation, NHTSA Final Report, The Detection of DWI at BACs Below 0.10 (Sept. 1997), the NHTSA took the position:

“Finally, some cues were eliminated because they might be indicators more of social class than of alcohol impairment. … a flushed or red face and bloodshot eyes are open to subjective interpretation and could be due to allergies or caused by outdoor work.”[18]

One very good clue that an individual is sleep deprived as opposed to intoxicated would be the physical presence of bags under one’s eyes.

The existence of sleep deprivation in automobile crashes is all too common. One British study found that alcohol (in amounts equal to .08) produced impairment across the whole drive with respect to simulated steering performance, while on average the sleep deprivation subjects showed normal steering at the start of the drive with progressive deterioration.[19] As a result, it is very important that the defense lawyer closely dissect the driving at hand. Were there 911 calls at the start of the drive? If so, over what distances? Crashes are part and parcel to sleep deprivation as well as intoxication. A 2008 National Sleep Foundation survey found that more than 36% of participants reported falling asleep while driving at least once in the past year.[20] As a matter of fact, “drowsiness is the primary causal factor in 100,000 police-reported crashes each year, resulting in 76,000 injuries and 1,500 deaths.”[21]

The time of crashes also relates to the body’s circadian rhythm. Findings in one study show that the major time of crashes occurs during the night with a secondary peak at siesta time (3 pm).[22] It is worth noting that in New Mexico, there was an increase in the number and proportion of alcohol-related traffic crashes following the seven days after the change to and from daylight savings.[23] Even one of the founders of NHTSA’s standardized field sobriety testing program, H. Moskowitz, has conceded, “[c]onsidering that the majority of alcohol-related accidents occur at night, there is a need for increased examination on the role of fatigue, circadian cycles, and sleep loss.”[24] There is also a strong correlation between sleep apnea and the risk of having a traffic accident[25]

The bottom line is that lack of sleep produces many of the same effects associated with being drunk, including lack of coordination, judgment and reaction time. [26] It has been found that sleep of five hours a night for four consecutive days impairs performance to such a degree that traffic safety is affected. [27] With sleep deprivation becoming a highly researched topic and an area of concern for the NHTSA, it will come as no surprise if there is future a push for laws that directly criminalize sleep deprivation and traffic accidents. The complications will be in proof of sleep deprivation in individual cases, not the underlying problems which cause accidents. Regardless, the issues and rehabilitative concerns for addressing intoxication versus sleep deprivation are different in nature. It is the responsibility of the criminal defense attorney to familiarize one’s self with the sleeping patterns of every DWI case to see the applicability of such a defense.

The body of research out there exists mainly in the medical field. The characteristics of sleep deprivation and intoxication have been proven to overlap. It is not fair to allow a prosecutor, judge or jury to dismiss considerations of sleep deprivation where such considerations are relevant, and sometimes necessary, to one’s case. The field is a vast one, which involves considerations of individuals’ medical issues (is sleep apnea at play or other physical ailment which cause lack of sleep?), employment (is there shift work or sleep loss due to multiple jobs?), and unique sleep patterns at the time of the DWI occurrence (sleep deprivation effects can accumulate over days as reference above, not just a single 24-hour instance). Consulting experts may—and possibly should—include the relevant fact witnesses, such as one’s sleep disorder doctor or primary physician, in addition to sleep experts who are both published and in practice (both therapeutic and medical doctors). Finding the right solution for the sleep deprived DWI client should also involve counseling them to find healthy alternatives and medical solutions that can alleviate their sleep loss and prevent future occurrences.

________________________________________________________________________

[1] Carolyn Schur, DUI and the Effect of Sleepiness, 2 Counterpoint Journal (Aug. 7, 2019), https://www.counterpoint-journal.com/vol-2-iss-2-art-6—sleepiness.html.

[2] James M. Lyznicki, Sleepiness, Driving, and Motor Vehicle Crashes, 279 JAMA 1908, 1909 nn.14-15 (1998).

[3] Id. nn.11, 13.

[4] Michael E. Reid, Fatigue, 42 Mo. DUI Handbook § 5:3 n.18 (2017).

[5] Jolanta Orzel-Gryglewska, Consequences of Sleep Deprivation, 23 Int’l J. Occupational Med. and Envtl. Health 95, 97 n.17 (2010).

[6] Id. at 104.

[7] Id. at 104 nn.119-20.

[8] Reid, supra note 4, n.15.

[9] Clayton Kerbs, The Importance of Sleep, 87-APR J. Kan. B.A. 15, 16 n.8 (2018).

[10] Orzel-Gryglewska, supra note 5, at 107.

[11]A.M. Williamson, Moderate sleep deprivation produces impairments in cognitive and motor performance equivalent to legally prescribed levels of alcohol intoxication, 57 Occup. Environ. Med. 649, 654 nn.15-16 (2000).

[12] In re Seiler, page 21 (2014) (Transcript of Daubert Hearing: Karl Citek).

[13] Id. at 31.

[14] Id. at 4.

[15] Karl Citek, Sleep Deprivation Does Not Mimic Alcohol Intoxication on Field Sobriety Testing, 5 J. Fors. Sci. 1170 nn.41-42 (2011).

[16] Id. at 1176.

[17] Id. at 1173.

[18] Jack Stuster, The Detection of DWI at BACs Below 0.10, US Department of Transportation, page 14 (1997).

[19] M.A. Hack, Comparison of the effects of sleep deprivation, alcohol and obstructive sleep apnoea (OSA) on simulated steering performance, 95 Respiratory Med. 594, 600 (2001).

[20] George W. Ingham, Another Drink, Another Hour: Using Dram Shop Liability to Determine Employer Liability for Injuries Caused by Fatigued Commuting Employees, 17 Geo. Mason L. Rev. 565 n.3 (2010).

[21] Id. n.4.

[22] Allan I. Pack, Characteristics of Crashes Attributed to the Driver Having Fallen Asleep, 27 Acc. Anal. and Prev. 769, 771 (1995).

[23] E.J.D. Ogden, Effects of Alcohol and Other Drugs on Driver Performance, 5 Traffic Inj. Prev. 185, 190 (2004).

[24] Id. at 185.

[25] J. Teran-Santos, The Association Between Sleep Apnoea and the Risk of Traffic Accidents, 340 New Eng. J. Med. 847 (1999).

[26] P.A. Fransson, Effects of 24-hour and 36-hour sleep deprivation on smooth pursuit and saccadic eye movements, 18 J. Vestibular Res. 209 (2008).

[27] David Elmenhorst, Performance impairment during four days partial sleep deprivation compared with the acute effects of alcohol and hypoxia, 10 Sleep Med. 189 (2009).

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant County, DWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

19 May

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Family Violence: What Are My Options?

Posted by Mimi Coffey

in Helpful Legal Information

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 very often very high. Family violence is a very serious crime that courts and law enforcement take very seriously. Finding a way to fight the charge is essential. Mimi will provide a full case evaluation with you to determine the best options to fight a family violence allegation.

What is “Family Violence?”

Before getting into some of the common questions, you should understand some of the definitions involved in family violence.

Mimi Coffey DWI Lawyer, Texas Family Violence, Texas Assault

Family Code Definitions

Sec. 71.003 of the Texas Family Code defines FAMILY as: “Family” includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.

Sec. 71.005. of the Texas Family Code defines HOUSEHOLD as: “Household” means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.

Sec. 71.006 of the Texas Family Code defines MEMBER OF A HOUSEHOLD as: “Member of a household” includes a person who previously lived in a household.

Can the police arrest me for assault based on word alone, without any evidence?

The law requires probable cause for the police to make an arrest. For an assault, this means “offensive contact that causes pain.” (Texas Penal Code § 22.01). For example, a police officer may arrest someone based on an allegation that they were hit or slapped without any evidence of bruises or marks on the skin. They consider a person’s statement or “word” as evidence. The law does not require corroboration. An arrest is ultimately the discretion of the police officer. It is not uncommon for a discovery packet to have pictures that do not show any evidence of injury. An arrest may not be avoidable, but a conviction may be. It boils down to what the state can prove in a court of law. Are the statements believable? Are there credibility issues? Is there reasonable doubt?

The victim does not want to prosecute. Can the State of Texas still prosecute me?

Yes, this happens all the time. There is no law that states that if a victim does not want to prosecute, the case must be dropped. In North Texas counties, the opposite is generally true. Once submitted by the police department to the district attorney’s office, prosecutors generally move forward with the case. Courts want Assault cases to move fast, so contact us ASAP so we can help you fight the charge. The victim can call the prosecutor every day and beg to dismiss the case and the prosecutor can (and often does) still move forward.

There are many reasons why this can happen. A prosecutor has an ethical duty to act in the interest of justice. The prosecutor may feel that despite the victim not wanting to prosecute, it is in society’s best interest to move forward. Does the defendant have a past? Have there been previous 911 calls to the police? Are there witnesses? Did the event involve children? The prosecutor may believe the victim is seeking dismissal out of fear. The prosecutor may not believe the victim when the victim seeks dismissal.

THE VICTIM DOES NOT CONTROL WHETHER OR NOT PROSECUTORS GO FORWARD. Prosecutors sometimes proceed to try cases even when the victim refuses to testify. What really matters is what an experienced assault lawyer like Mimi can accomplish with the prosecutor in discussions and negotiations. This often rests on the viability of going to trial. Trying a family violence or assault case is far less technical than a forensic evidence DWI case.

In 25 years as a criminal lawyer, Mimi has tried over 300 cases (from misdemeanor assault up to first-degree aggravated assault with a deadly weapon on a public servant (5-99 years in prison)). She brings a wealth of critical experience necessary in winning an assault trial: sizing up the credibility of a witness, cross examination designed to expose lies and exaggerations, character building and character attack where admissible and relevant, developing winning trial strategies, and understanding and selecting jury members.

Mimi Coffey DWI Lawyer, Texas Family Violence, Texas Assault

I heard that family violence deferred adjudication results in a fake dismissal. Is this true?

Yes, deferred adjudication for family violence does not result in a true legal dismissal (similar to the new Fake Deferred Adjudication for DWI). Although successful completion of terms results in a case dismissal, the case legally still exists for purposes of enhancement. Law enforcement still has access to this disposition record despite successful completion of the deferred adjudication period. A second family violence case still results in a felony because, even if the defendant served deferred adjudication, the judge still enters a finding of family violence on the record (Texas Penal Code § 22.01(f)(1)). That Penal code section states:

“a defendant has been previously convicted of an offense [of family violence], if the defendant was adjudged guilty of the offense . . . in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision . . .”

Texas Penal Code § 22.01(b)(2)(A) increases punishment to a third degree felony if “it is shown . . . that the defendant has been previously convicted (see above) of an offense . . . against a person whose relationship to or association with the defendant [is defined under the family code as family violence].”

In addition, a deferred adjudication can have negative legal repercussions for sealing one’s record, among other things. It is the Coffey Firm’s goal to avoid a conviction and a fake dismissal (that counts as a conviction) at all costs, unless the case is simply not triable. “Fool me once, shame on you. Fool me twice, shame on me.” Defendants who are falsely accuse need to ask themselves, where falsely accused: “If she called the police on me once, will she do it again?” Get your case resolved properly or you may regret it. Take no chance and hire an experience criminal lawyer like Mimi who will fight to avoid long-term consequences.

No one will believe me that this did not happen. I have no witnesses and she is lying!

Have no fear. “The truth is in the pudding.” Mimi will get down to the bottom of the situation during her full case evaluation. Prosecutors are legally able to bring in past bad acts under the Texas Rules of Evidence (Rule 404, Rule 405, and Rule 609); specifically, in a family violence trial where such allegations would be prohibited in other types of offenses. However, bad acts works both ways. It is very important that we go over all the facts of the case, the nature of the relationship, relationship history, and speak with witnesses (if any) to understand how to attack the charges. Do not give up or make an emotional decision. Mimi wants to help you protect your life, reputation and liberty.

The legal repercussion of an assault or family violence conviction are serious.

Family violence and assault cases are very serious. Depending on the nature of the offense (for example, man on woman), there may be a classification of “crime of moral turpitude.” A “crime of moral turpitude” is the common phrase defining crimes involving dishonesty, fraud, and deliberate violence (among other crimes). Crimes of moral turpitude can prevent state occupational licensing (e.g., teacher, doctor, lawyer).

The law considers family violence and assault cases as crimes of violence. These types of convictions can prevent a person in jail (for example on a DWI) from gaining “trustee” status. They can also deny one jail alternatives (for example, labor detail) for people with past violent convictions. An assault conviction or pending case can prevent entry into schools, scholarships or teaching assistant jobs. A family violence conviction can even impact your ability to apply for or hold a License to Carry These are just a few of the more poignant consequences, which is why fighting the charge is so important.

I was released from jail with an emergency protective order (EPO). What does this mean?

Protective orders are often issued as part of a family violence arrest. A protective order must be read and followed (see Texas Family Code § 85.022). Any violation can result in additional charges. Bring the protective order to our office and Mimi will cover specifics of the order. She will discuss any potential options with you. It is likely that a magistrate granted the protective order out of concern of further violent behavior.

Violating a protective order is a Class A Misdemeanor, which means possible jail time or a fine. However, a violation becomes a third-degree felony after two convictions for violating the protective order. In other words, a third violation makes it a felony (especially if the two violations happened within 12 months). Think of it as the three-strikes rule (“three strikes and you’re out”).If you have an emergency protective order, please contact our criminal lawyers for assistance.

I really don’t feel like I have a case to defend. What are my options?

There are many options that can include true dismissal. Everyone makes mistakes. We will advise you on the best options for your case and help you deal with the consequences and aftermath of a family violence charge. It is often in the best interest of justice for prosecutors to not prosecute these cases. We can assist you with this. Our assault lawyers are here to help!

More about Mimi Coffey

When people look for a “top criminal lawyer near me” or “best criminal lawyer”, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

30 April

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Questions About Texas DWI and DWI related Probation Revocations

Posted by Mimi Coffey

in Helpful Legal Information

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 can figure out the necessary steps before any further damage occurs. You should NEVER hide information from your probation officer, but we advise that you speak with us immediately before calling your probation officer.

What is a DWI probation revocation?

After you are placed on probation for a DWI, you are legally obligated to comply with all the terms and conditions of probation. This generally includes a substance abuse assessment, DWI classes, reporting, paying of fees, community service and avoiding additional arrests. Anytime there is a violation of your probation conditions, you risk jail or prison if the prosecution files a motion to revoke. However, to be legally terminated from probation, there must be a probation revocation. There are often many alternatives to a probation revocation. We, at the Coffey Firm, will guide you through this process and do the best we can to come to the best resolution.

What are common reasons to revoke a Texas DWI probation?

There are many north Texas counties that do not allow any consumption of alcohol while on probation: e.g. Denton, Collin, and Johnson Counties. There is generally drug testing for alcohol when there is a no alcohol condition. It is not uncommon for someone on DWI probation to test positive for alcohol at some point. Another source of common probation violations is an alcohol reading on an interlock, in home or SCRAM device. The most severe probation violation is picking up a new offense. It is particularly serious when it is a new DWI charge.

Not all probation issues end up with a motion to revoke. Probation officers do have some discretion. It is very important to call our office before speaking with your probation officer so that we can advise you of the best approach to take. Anything you say can and will be used against you in court.

How will I know when I am in trouble?

Most people meet with their probation officers once a month. Before the meeting, the probation officer will do a criminal check. However, if there is an alcohol violation from a device (interlock, in home, SCRAM), the provider generally reports to the court right away. The court in turn notifies the probation officer, district attorney and defense lawyer. Interlock violations are not discovered until the device is taken in for monthly calibrations. In home and SCRAM violations are discoverable immediately and generally have a one day turn around before the courts are notified by the provider. If you think the device is in error, please contact the provider immediately for quick resolution.

The best thing to do is to call our office and we will assess the situation and make a recommendation. We understand that this is a stressful time and can cause you to lose sleep at night. Sometimes this involves us getting involved right away, other times we must patiently wait.

Should I hire a lawyer for my Texas DWI probation revocation?

Contact our office and we will assess where you are in the process. There are very rare occasions where seeking our intervention is not necessary. If you are fortunate, a probation officer may just give you a warning. It is still very important that you know what your options are. Once you sign an amendment to your conditions, there is (generally speaking) no turning back. Most serious violations result in a revocation. It is critical at this point to have representation. We get a bond set for you and start working on damage control and options. Courts assume you are a law breaker when you don’t satisfactorily comply with the judge’s orders. Courts take quicker action on probation revocations.

Warning! Be Prepared When Going to Your Probation Officer

Your probation officer is NOT your friend. Sometimes when there is a violation of probation the probation officer will say “Sign right here to these new probation conditions or I am going to arrest you right now and who knows when you can bond out.” We get phone calls from people that regret their decision to agree to new conditions without consulting us. Unfortunately, once you legally bind yourself to new conditions, there is generally no turning back. A judge must sign a warrant. When the prosecution files a motion to revoke, they will then issue a warrant. If the police arrest you at your probation visit, we will approach the judge about setting a bond. Once you bond out, we set about in handling your case. DO NOT BE SCARED INTO DOING SOMETHING THAT YOU WILL REGRET.

What are the options for a Texas DWI probation violation?

Warning
Preliminary amendment to probation (does not involve a filing of a motion to revoke probation or getting a bond)
A motion to revoke probation. This necessitates our law firm setting a bond with the judge. Most probation violation warrants have a “no bond” hold.
Disposition of a motion to revoke a DWI probation can range from:
1. Dismissal of the motion to revoke petition
2. Dismissal of the motion to revoke petition with agreed upon additional conditions (may or may not involve jail or prison time)
3. Revocation and dismissal from probation. This generally reinstates the probated punishment, which is generally prison or jail time. For example, if you have 90 days of jail time probated for 1 year, then a revocation would mean serving those 90 days in jail.

In a DWI probation revocation matter, the State often resorts to state sanctioned “rehab” facilities that are really jail or prison sentences. This means incarceration in county jail or state prison as an inmate and a requirement to attend counseling classes. We at the Coffey Firm do not believe that jails or prisons are the best environments to conduct substance abuse counseling where other alternatives are available. The Judge is ultimately in control of what will happen; however, we will do everything we can to get the possible resolution of your case.

The Legal Process of a Texas DWI Probation Revocation

Once a potential violation has occurred, it is critical for us to advise you and assess the issues as early on in the process as possible. We will make a recommendation at that point. We may advise and direct that you obtain a hair sample or additional drug tests at private facilities (if there is a disputed violation). In other words, we advise damage control measures. If the state files a motion to revoke, we will approach the judge about setting a bond. Mimi will obtain your probation history (“chronos”) via order of the judge and will go over this and your probation experiences in a full case evaluation.

We will represent you in court and speak on your behalf to the court, prosecutor, and court probation officer. It may be necessary for us to contact your field probation officer. We will make recommendations that are in your best interest and go over all options. If there are no options acceptable to you, we will discuss the choice of having a contested probation revocation hearing to let the judge decide. We will guide you through this whole process as we attempt to get the possible resolution of your case.

Final Considerations

There are consequences to a revoked DWI probation. For example, a first time DWI probation can result in an additional license suspension. There are very serious consequences to a revoked felony DWI probation. Every prison sentence served counts toward a habitual sentence (25 year to life). We want you to know that we care very much that you make it through this in the best possible way. Now is not the time to throw in the towel. Now, more than ever, it is time to take productive measures to address the situation and move forward positively.

Although you may in large part be at the mercy of the court, you are responsible for making the best out of the situation here and now and we are here to help. Everyone makes mistakes. What matters is how we respond. The Coffey Firm is here to do the best we can to getting you back to your best self, for your sake and the sake of everyone else. Nothing is ever a lost cause. Don’t give up. Give us a call quickly so we can fix this situation. Mimi has experienced everything from a simple phone call to a probation officer that handled the situation to full-blown contested probation revocations. Most importantly, know that Mimi cares and will fight for you.

More about Mimi Coffey

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges. We can also help you try to seal your record.

28 April

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Common Drivers License Questions When You Get a DWI

Posted by Mimi Coffey

in Helpful Legal Information

Mimi Coffey DWI Lawyer, Texas DWI, Texas ALR, Texas License Suspension

As if a DWI arrest wasn’t stressful enough, Texas also has an “administrative” proceeding where Texas DPS tries to suspend your drivers license! Because a DWI arrest triggers both a criminal and administrative process, the Coffey Firm’s DWI Lawyers in DFW will help with each process.

Here are some common drivers license questions The Coffey Firm has heard from it clients:

I got a DWI! Is my license already suspended?!

- Luckily, the answer is ‘NO.’ After a DWI arrest you have 15 days to request an ALR (Administrative License Revocation) hearing. The Coffey Firm will take care of sending the request for you.
- If you performed a breath test or refused to give breath/blood, then the 15 days starts from your arrest.
- If you consented to a blood test, then the police should return your license to you while the results are pending. Once DPS processes the blood results, they will send you a ‘Notice of Suspension’ in the mail. You will have 20 days from this Notice to request an ALR hearing.

ALR (Drivers License Suspension) HEARINGS

What happens when you request an ALR hearing?
- After requesting an ALR hearing, The Coffey Firm will receive a letter from DPS notifying them of the date of the hearing. We will contact you to let you know about the hearing and answer any questions you may have.
  - It is important that you tell us what you remember about your arrest. If you thought you consented but the police report shows you refused, you may miss the opportunity for an ALR hearing. If we send the “wrong” type of request, DPS acts as if we never made a request at all!
- Until that hearing occurs, you can drive.

My ALR has been set for _______. Do I need to show up?
- You will not need to be present. We will appear on your behalf. The Coffey Firm will also handle requesting discovery and subpoenaing the arresting officer.

What will my DWI Attorney do at the hearing?
- After analyzing the police report and the other discovery, The Coffey Firm will subpoena the arresting officer and have him appear at the hearing. At the hearing, your DWI Lawyer in DFW will ask the officer a bunch of questions. For example:
  - Why they stopped you;
  - Any signs of ‘intoxication’ they noticed (we always argue that the signs they notice can be due to a host of reasons other than intoxication);
  - Whether the officer asked you to perform any Standard Field Sobriety Tests (SFSTs);
  - What test they asked you to perform (breath or blood); and
  - Whether the officer gave you a copy of the DIC-24 (Statutory Warning) before the officer requested breath or blood.

- Some of the issues to address at the hearing depend on whether you gave breath/blood or refused.
  - If you gave consent: One issue is whether the officer properly administered or observed the test. For example, we will ask the officer how much experience he has with the test.
  - If you refused: One issue is whether you ACTUALLY refused the request for breath or blood. For example, we will ask the officer how you responded to the request. If you responded that you would submit to one test but not the one requested, your DWI Lawyer in DFW will argue that you did not truly refuse.

What is the length of the license suspension?
- If you gave blood or breath voluntarily: Your license will be suspended for 90 days (first offense) or 1 year (subsequent offenses).
- If you refused: The license suspension is 180 days (first offense) or 2 years (subsequent offenses).

COMMERCIAL DRIVERS LICENSES (CDLs)

I have a Commercial Drivers License. Does my DWI have any impact on my ability to do my job?
- Unfortunately, the answer is yes. Even a simple DWI arrest can be life-changing if you rely on a CDL to make a living.
- If your license is suspended as a result of the ALR process or as part of a DWI conviction, your CDL will be suspended for 1 year (for a first offense) or for life (if a second or more offense).
  - Even with a dismissed criminal case, a second (or more) ALR suspension will also mean losing your CDL for life. (Tex. Transp. Code § 552.081)

My DWI was in my personal vehicle. So, DPS can suspend my CDL even if I wasn’t driving a commercial vehicle?
- Unfortunately, yes. Even if your DWI was unrelated to your employment, DPS may still suspend your CDL.

OCCUPATIONAL DRIVERS LICENSE (ODL)

My drivers license is suspended! What do I do now?!
- The Coffey Firm can petition the court to grant you an ODL. There are two kinds of ODLs.
  - You will need a ‘Civil ODL’ If your license was suspended as a result of the ALR process or if there was no ALR hearing. There are some restrictions for a Civil ODL:
    - You must maintain a logbook of mileage, destination, and time.
    - You must attend AA meetings
    - If this is not a first offense, you may need to have an ignition interlock installed in your vehicle.
    - You will need SR22 insurance for the length of the suspension.
    - In most counties, you may not drive more than 12 hours a day.
  - You will need a ‘Criminal’ ODL if your license suspension was a result of a conviction or plea. This type of ODL is somewhat less restrictive than a Civil ODL.
    - You must have an ignition interlock installed in your vehicle even if not required as part of your plea.
    - You will need SR22 insurance for the length of the suspension and for two years from the date of conviction.

If I get an ODL, can I continue to drive my commercial vehicle for work?
- Unfortunately, the answer is no. You are unable to get an ODL to drive a commercial vehicle.

More about Mimi Coffey

When people look for a Top DWI Lawyer or Best DWI Lawyer, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

28 April

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Probation Revocation

Posted by Mimi Coffey

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Oh no! I Screwed Up My Probation! What Do I Do?

A probation revocation is a very serious legal issue. Often, it is more serious than getting the original charge. There are typically more options available when the original charge is pending. With a probation revocation, the options are much more limited. The case situation is far more serious as the judge, prosecutor, and probation officer view a revocation as a defiance of court orders. The first thing to do is to call our office. It is imperative that we speak with you before you speak with your probation officer. Anything and everything you say to your probation officer can and will be used against you. Call our office and we will advise you of the next proper steps to take.

Can I hire The Coffey Firm for my Probation Revocation?

At the Coffey Firm, we view your case as ongoing even after it is over. We encourage all of our clients to call us with any questions they may have. These can range from, “My probation officer won’t let me go on vacation” to “Do you think I can get my probation officer to put me on mail-in probation?” We are here to help you throughout the entire process.

Now, when there is a problem, it is critical to call us. Texas probation revocations are very serious matters. Texas assumes that you are a law breaker when you don’t satisfactorily comply with the judge’s orders. This is a very serious matter. Texas probation revocations tend to be more serious than the original charge. There is always a question of guilt/innocence when an arrest occurs. The benefit of the doubt goes away once put on probation. Courts interpret failure to live up to probation terms as defiance of court orders and conditions. Courts take quicker action on probation revocations. They view probationers not in compliance more dangerously. Texas probation revocations are very serious charges.

What is a probation revocation?

A probation revocation means that a citizen on probation has violated the terms and conditions of their probation. Even a person on a non-reporting, mail in, or call in probation is considered to have their probation violated when a condition is broken. It is not unusual on lesser grade offenses, such as driving while license suspended, to have non-reporting probation. Also, it is not unusual for someone on misdemeanor probation to transition to mail in or call in probation upon completing half their probationary term.

There are legal ramifications in addition to punishment that occur as a result of probation revocation. For example, a DWI probation revocation may result in an additional license suspension for a first time DWI offender.

What kind of actions will cause my probation to be revoked?

A probation revocation can result from something as simple as picking up a non-moving class C ticket (e.g. public intoxication). They are more commonly filed when a probationer fails to fulfill conditions, such as fails to report to probation, fails a drug or alcohol test, or fails to complete community service or mandated classes and counseling. Picking up a new charge definitely results in a motion to revoke probation.

What is the process for a probation revocation?

Terms of probation typically require probationers to report any violations or arrests to their probation officers. Probation officers routinely screen public data resources to verify their probationers are in compliance. When not, a probation officer will make a decision as to offer a punishment (a voluntary amendment to the probation) or file a motion to revoke probation. Either way, it is very important that you call our office immediately to discuss your options.

Once the prosecutor files a motion to revoke, it will be necessary for us to get a bond set. The unfortunate part is that this also means that spending some time in jail may be necessary until the judge sets bond. Otherwise, a probationer may be picked up and languish in jail while the court resolves the revocation. Probation revocations are routinely accompanied by “no bond” directions with an arrest warrant. It is very common for a probationer to report to probation and be arrested once a violation has occurred. Please call our office immediately so we can avoid as much inconvenience as possible in this process.

Will I go to jail for a probation revocation?

Unless handled as an “amendment” (which often still results in jail), there will be a mandatory jail process in order to post a bond. There are two major options when faced with a criminal charge: probation or incarceration. Jail or prison is a very realistic possibility in a probation revocation. It is therefore very necessary to call our office as soon as possible to discuss the best options. A common solution advocated by the probation officer and prosecutor once a they file a probation revocation is to disguise jail or prison as “rehab”. It is imperative that we meet with you as soon as possible to minimize the damage and provide more alternatives if possible. Mistakes happen. It is our goal to get you the best possible resolution.

What is the bond process for a probation revocation?

The first thing we advise our clients to do is to call us when there is a problem so we can give tailored advice to the exact scenario. Every probation violation is unique. Sometimes, it may be possible for our office to handle the situation with a phone call to discuss options with the probation officer. Otherwise, we will need to contact the probation officer to find out when there will be a warrant. Upon issuing a warrant, it will be necessary to contact both the prosecutor and judge to get a bond set. More than likely, the court will set a bond that includes added bond conditions. This can range from additional pre-trial reporting to requiring a SCRAM bracelet (alcohol monitoring) or GPS monitoring.

Courts tend to move a lot quicker on revocations than on the original case. Judges do not like to have pending probation revocations on their docket. They want them finalized as soon as possible. Judges consider these dangerous cases. Judges fear the actions of a probationer that cannot abide by conditions. For example, the Weatherford, Texas deaths of five young high school girls occurred by someone on DWI probation who could not stop drinking and driving intoxicated. Please understand that we offer limited options on payment plans for probation revocations for this purpose. These cases, by their nature, move quickly per order of the judge.

What can The Coffey Firm do for my probation revocation?

Our firm must be alerted as soon as there is a problem so that we can gather the facts and best assess the correct course of action. We need to understand the circumstances of the violation. We need to investigate to see if there is an actual violation. For example, what one probation officer may interpret as failed alcohol readings on an interlock, may not in fact be a violation. It is often necessary that we independently order interlock or in-home records, or seek more specific information on drug or alcohol tests that were given. We discuss your case with the probation officer, prosecutor and judge.

On full-blown probation revocations, it is necessary that we get the judge to order a release of the probation “chronos” (chronological history) and go over this with you so that we can fully understand the history, actions previously taken, and any possible miscommunications or misunderstandings. We will be giving you a recommendation as to actions that you can take privately and independently that may satisfy the court and prosecutor or mitigate damages.

What are my options?

The options for a probation revocation are all over the map. They range from complete dismissal of the revocation to prison and everything in between. Mimi has 25 years experience dealing with probation revocations of all different types of charges. In her experience, she has seen probation revocation matters disposed of without motions to revoke filed. She has also seen revocations completely dismissed (which are generally accompanied by a resolution agreed to by all parties).

If you messed up while being on probation, do not throw in the towel. Now, more than ever, it is time to take productive measures to address the situation and positively moved forward. Although you may be at the mercy of the court, you are responsible for making the best out of the situation and we are here to help. Everyone makes mistakes. What matters is how we respond. We, at the Coffey Firm, are here to do the best we can to getting you back to your best self, for your sake and the sake of everyone else. Nothing is ever a lost cause. Don’t give up. Give us a call quickly so we can fix this situation. Mimi has fixed thousands just like yours, if not worse.

More about Mimi Coffey

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant County, DWI attorney Dallas County, DWI attorneys Collin County and DWI attorneys Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

24 April

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Mimi’s Humanizing Approach for Handling Your Case

Posted by Mimi Coffey

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Have you ever tried to have an important conversation and felt like you were not heard? Whether with your employer, a parent-teacher conference, or to resolve an issue with a business manager, it all boils down to one guiding principle: being heard. The criminal lawyers at The Coffey Firm understand the importance of humanizing.

Mimi Coffey DWI Lawyer, Caring DWI Lawyer

Abraham Lincoln said, “I have always found that mercy bears richer fruits than strict justice.”

To hear, one must understand who the person is. Prosecutors and Judges make important decisions about people’s lives every day. So, they need to be able to put an “arrest” in context. Not only against the “facts” as the police allege, but against the big picture. Law school teaches lawyers to analyze facts in a vacuum. They frame issues around case law and legal doctrines. Yet, these tools are meaningless without factoring in the person and all the human aspects.

Humanizing is about who, what, when, where and why against a backdrop of reality including factors such as:

Social Demographics.

What is this person’s background? (Not a judgment based on past criminal history or lack of criminal history.)

Family Dynamics.

Were they raised in a loving, supportive home? Have they struggled against unfair or challenging circumstances? Are they caring for elderly parents or a disabled person?

Accomplishments.

What are the achievements of this person? Awards, recognition, contributions.

Character.

What defines their character? What are their values/ Have they made any contributions? How do they take care of their family? Are they responsible with their family? Do they go above and beyond for others? How and why? Have they pulled themselves up by their own bootstraps despite overwhelming odds? Is this individual involved with any volunteer work (if applicable)?

Everyone Makes Mistakes.

What factors prove this legal situation is an aberration, a mistake that won’t be repeated? Have they already punished themselves enough because of this? What punishments (financial, humiliation, loss of job, etc.) have they already suffered?

Big picture factors.

How do they contribute to their community? Are they involved in the PTA, coaching little league, helping with school fundraisers, neighborhood associations, or volunteer organizations?

Life events.

Are there obstacles happening that help explain or put this legal situation into context? Are they going through a divorce, grieving the death of a loved one, have they lost a job? What environmental factors help explain a person’s actions that might not otherwise have occurred?

Occupation.

What are the pressures of the job? Is this person someone who is employing others? What is their level of responsibility? How do others in the community view their contributions to society?

Proactive Measures.

What actions are they open to taking to address the legal situation? Have they experienced these in the past? This can include substance abuse evaluations, psychological assessments (family violence, etc.), AA, NA, alcohol and drug classes, anger management, rehab, or otherwise. What worked in the past? What did not work?

Connections.

What connections does this person have? Do they have political connections: legislators, judges, prosecutors in their family? Are there any police officers in the family? How did/do these factors affect their behavior?

All these factors and more help prosecutors and judges understand what kind of person they need to consider when making their decisions. For example, facts related to a person’s case are always critically important (health, physical and mental limitations if any, etc.). But, to stop at the surface facts is to miss out on the most important aspect: the person. For example, many individuals are too busy with family or work obligations to involve themselves in volunteer work. Presenting this humanizing information to prosecutors and judges helps them to see those individuals as people who care deeply about family and supporting that family by working.

Founding Father Alexander Hamilton said, “There are critical moments, when a well-timed offer of pardon…… may restore the tranquility of the Commonwealth.” It can also restore a person back to their best self.

The Coffey Firm Understands the Importance of Humanizing

At the Coffey Firm, we ask that our clients fill out a Humanizing Sheet which covers the ten factors listed above and more. Mimi also likes to “touch base” with her clients (her “touch base” email) after they have retained asking them to describe themselves, their pressures, concerns and priorities so everyone at the firm can better help them. All clients have Mimi’s cell phone number and email. Communication is key. Hearing and understanding is very important to getting the best resolution to a case.

Mimi’s philosophy is that you must care about a person before you can be of service. Specifically, such caring must go beyond mere facts and law. This requires humanizing and it is the goal of everyone at her firm.

We also ask to describe yourself and write a biography of your life. The criminal lawyers at The Coffey Firm understand that talking about yourself can sometimes feel uncomfortable. Mimi starts every case evaluation with an intense “get to know you” stage so she can better service your legal needs by first understanding you. However, not all clients choose to fill out the Humanizing questionnaire or write biographies. But, you can rest assured that Mimi will be attempting to fill in these blanks throughout the representation. Mimi documents this information in her case evaluation to better help everyone at the Coffey Firm help you, for instance.

More about Mimi Coffey

When people look for a “top criminal lawyers near me” or “best criminal lawyer”, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

01 April

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COVID-19, Violent Offender Release

Posted by Mimi Coffey

in Helpful Legal Information

Mimi Coffey DWI Lawyer, Texas Assault, Texas Violent Crime, Covid-19

The News reports that jails are releasing inmates due to COVID-19. Is this true?

Yes. Reports have confirmed that inmates in Harris County, Dallas County, some Texas prisons and a juvenile detention center have tested positive for COVID-19. This is a problem due to increased community spread in the jail environment. In addition to putting inmates’ health in danger, COVID 19 community spread endangers the lives of the jail and prison staff and adds more pressure to the hospital community.

Are jails and prisons releasing inmates due to COVID-19?

Yes. This is not a blanket wide release of everyone in jail or prison. Each state, jurisdiction (federal or state), and county is making their own guidelines on release. 75% of all inmates in Texas county jails are awaiting their case resolutions.

What about the release of violent offenders?

Governor Abbot issued executive order GA 13 which forbids the release of anyone who has been convicted of a violent offense or is charged with one. This does not mean that they cannot bond out. This simply means that they will not have the benefit of getting out at no cost as a result of COVID-19, as some will be.

What does the early release of inmates legally mean?

The provisions of law regarding Habeas Corpus under Texas Code of Criminal Procedure, Chapter 11 will not apply to inmates who have or are charged with violent offense convictions. The safeguards against being held without a charge under Article 17.151 (being released on personal bond or a reduced bond at 90 days) do not apply to “violent offenders” (see above, past convictions for violent offenses or present charges of such). The time has been tolled under the Governor’s order due to covid-19. Everyone released will have to face their charges and sentences, if applicable, at a later date.

What legal authority does the Governor have to keep “violent offenders” in jail without the benefit of COVID-19 huminatarian releases?

The executive order outlines his authority:

WHEREAS, the “governor is responsible for meeting … the dangers to the state and people presented by disasters” under Section 418.011 of the Texas Government Code, and the legislature has given the governor broad authority to fulfill that responsibility; and

WHEREAS, under Section 418.0 12, the “governor may issue executive orders hav[ing] the force and effect of law;” and

WHEREAS, under Section 4 18.016(a), in addition to the other powers given, the “governor may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business …if strict compliance with the provisions would in any way prevent, hinder, or delay necessary action in coping with a disaster;” and

WHEREAS, under Section 4 18.017(a), the “governor may use all available resources of state government and of political subdivisions that are reasonably necessary to cope with a disaster;”

The laws of Texas give the Governor. great authority to issue executive orders, particularly in times of “imminent threat of disaster.” The Commissioner of the Texas Department of State Health Services has determined that COVID-19 to be a public health disaster within the meaning of Chapter 81 of the Texas Health and Safety Code. In issuing his executive orders, the Governor has certified such under Section 418.014 of the Texas Government Code.

What is the practical effect of the Governor’s COVID-19 order?

Of course, there are some legal entities who have announced they will disregard the Governor’s orders and some lawyer groups are threatening to act. It is important to remember the lessons of history. The most famous American habeas corpus case involved John Merryman. As the country became divided over the issue of slavery, John Merryman and a large group of rioters burned railroad bridges and cut telegraph wires to prevent Union troops from reaching the Capitol. Officials arrested Merryman. Supreme Court Justice Roger B Tany, riding circuit court, granted a writ of habeas corpus to secure Merryman’s release. President Abraham Lincoln ignored it.

The U.S. Constitution provides in Article 1, section 9, “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” Lincoln declared that the suspension of writs was more to prevent harmful behavior to the country than punish an individual. Eventually, President Lincoln granted universal amnesty in an effort to unite the country. John Merryman never faced prosecution. Remember that these are not normal times. The Governor has not abolished bail for those accused of violent offenses. Rather, he deprives them of the unusual mechanisms now being deployed to empty the jails in an effort to prevent catastrophic COVID-19 spread and consequences.

On the topic of Violence during these trying times…

We all know that stress can produce unhealthy behaviors. As many are losing their jobs, unable to pay rent and mortgages, worrying about their next meal, please remember to practice great patience and endurance. Try to practice the 24-hour rule; hold your breath and promise that you will think about your response for 24 hours before saying or doing anything. You will find a good night’s rest will help you see clearer and make better decisions. Focus on the big picture and know that you are not in it alone. We

are all in this together with you. This will be over. Remember that what is important is WHO you are now, so watch carefully what you do. Do not react selfishly.

This COVID-19 crisis is not the time for employers to furlough or lay off people. Take care of those who take care of you. See the long-term picture. Find a way to take care of those around you. The government’s stimulus package can help. There will always be time to recoup on savings, retirement and pay back loans. There may not ever be another time to prove to your loved ones, that they are more important than you. We are what we do, not what we have. Take a breath and in the meantime, focus on what Mr. Fred Rogers said, “Look for the helpers, you will always find people who are helping.” Be one of those helpers.

Stay safe- Mimi Coffey

Mimi Coffey DWI Lawyer, Texas Assault, Texas Violent Crime

More about Mimi Coffey

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

**** GOVERNOR ABBOTT RECOMMENDS THAT COURTS NOT ALLOW IN-PERSON APPEARANCES UNTIL AT LEAST JUNE 1 (as of April 27, 2020) ****

01 April

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Writs of Habeas Corpus

Posted by Mimi Coffey

in Helpful Legal Information

What is a Writ of Habeas Corpus?

A writ of Habeas Corpus is a legal document prepared by a lawyer. When signed by a judge, it releases a person from jail. The term is Latin for “turn the body over”. A person is eligible for a writ when they are incarcerated with no bond set. In rare cases, it is also a form of appeal in limited circumstances when the time tables for appeals has run.
The United State Constitution, Article 1, Section 9 provides “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”

Texas Writs of Habeas Corpus (How do I bond someone out of jail? Do I need to get writ?)

Chapter 11 of the Texas Code of Criminal Procedure contains the law regarding writs of habeas corpus in Texas. Most often, questions arise about obtaining a writ when arrested with no bond set. The law in Texas provides that after taking a person into custody the legal entities “shall without unnecessary delay, but not later than 48 hours after [arrest], take the person arrested or have him taken before some magistrate of the county….” (Texas Code of Criminal Procedure Article 15.17). At this point,the judge reads the person his or her rights and sets bonds. The reality is that this often may take even longer (72 hours).

If a person is on probation and remains in jail on a probation violation, the law requires that there be a hearing no later than 20 days (Texas CCP Article 42.12 section 21b). If a person is in jail on a felony, the state must be ready for trial within 90 days of the detention or the court must release him or her on personal bond or have the amount of bail reduced (Texas CCP Article 17.151).

History of the Writ

The history of the writ of habeas corpus in America focuses on the John Merryman case during the Civil War. John Merryman faced accusations of burning railroad bridges and cutting telegraph wires to impede Union troops from coming into Baltimore. Military officials arrested John Merryman and took him to Fort McHenry. He applied for a writ of habeas corpus and Supreme Court Justice Roger B. Taney, riding circuit court, granted it. President Lincoln ignored it, having suspended writs of habeas corpus during rebellion, as the Constitution allows.

The interesting part of the Merryman case was how filing a writ actually caused Merryman more legal troubles. After filing the writ, the government added a treason accusation (never pursued) and the railroad sued him. Despite letting others out of jail, officials kept him in jail to prove a political point. He filed suit for false imprisonment and later the railroad filed suit against him. Eventually the government dropped all suits in a fascinating saga of how the President used his executive powers in wartime. He used the arrests and detentions as a matter of political strategy.

Why are Writs of Habeas Corpus important?

Democracy requires writs of habeas corpus. Our Founding Fathers were careful to include writs of habeas corpus in our Constitution. This is due to the history of tyrannical and political imprisonment in England. In Texas, the ACLU filed suit against judges in Houston for setting bonds too high for accused citizens based on their alleged crimes and income levels. This spurred across the board changes in many Texas counties, notably Tarrant County. Now, it can take much longer to bond a loved one out of jail. For example, it can take a matter of days versus hours in the past.

We, at the Coffey Firm, can do writs of habeas corpus but advise that the cost may be better spent on the actual representation (lower overall cost if you don’t do a writ), when the benefit is a matter of hours or a day behind bars. We can guide you through the stressful process of bonding someone out. Do not hesitate to give us a call.

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally renowned trial attorney, and is board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

**** GOVERNOR ABBOTT RECOMMENDS THAT COURTS NOT ALLOW IN-PERSON APPEARANCES UNTIL AT LEAST JUNE 1 (as of April 27, 2020) ****

18 March

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Forgive Yourself

Posted by Mimi Coffey

in Helpful Legal Information

The STRENGTH of George Washington

“Hard times don’t create heroes. It is during the hard times when the “hero” within us is revealed.” Bob Riley

The Father of our Country, George Washington, is revered for his leadership, stoicism, and wisdom. It is inspiring to focus on his strength in times of trouble. Before the battle of Trenton in 1776, Washington experienced a seemingly insurmountable low. In just three months, the British captured 4,500 American soldiers. The British also confiscated 3,000 muskets, 250 cannons, and 17,000 cannonballs. There were three main armies which suffered staggering attrition. More than three quarters of his soldiers in the main army perished, deserted or suffered injuries. To compound all these struggles, Washington’s right hand man and personal secretary, Adjutant General Joseph Reed, was plotting behind Washington’s back to overthrow him. George discovered this by opening correspondence between Reed and Major General Charles Lee.

Mimi Coffey DWI Lawyer, Caring DWI Lawyer

Imagine fighting a war where your soldiers were dying, deserting, and quitting left and right. Think of your right hand man reporting to you but secretly jockeying to have you fired all along. Imagine battling without proper equipment because the enemy has managed to steal your guns and ammo. Despite all this, George Washington remained strong. One of Washington’s famous quotes is “Real men despise battle but will never run from it.” He believed and practiced standing your ground. He also did not believe in excuses, tough it out. George Washington remarked “It is better to offer no excuse than a bad one.” He stood firm and tried. He did not always win. He lost many battles but he never gave up. In the end, his strength endured.

Mimi Coffey DWI Lawyer, Texas DWI, Caring DWI Lawyer

It is helpful to focus on strong leaders who prove that strength is in persistence. Strength, like muscle conditioning, gets stronger through routine and practice. We all face times in our lives that test our strength and resolve. This particularly happens when we make mistakes. George Washington, too, made mistakes. Some say that Washington was no military strategist. He lost a lot. What Washington excelled at was never giving up, keeping hope and faith alive, and maintaining the course. He kept the struggling, colonial army and militia together. He inspired them to fight another day. We must all remind ourselves of Washington’s strength, give ourselves forgiveness, patience and understanding and remember as Leon Brown said, “You cannot travel back in time to fix your mistakes, but you can learn from them and forgive yourself for not knowing better.”

We all make mistakes. Imagine had Washington lived in today’s times and received a DWI. Based on his strength of character and mantra of no excuses, it is safe to say he would have forgiven himself. No one is perfect. Don’t run from your mistakes, learn from them. As for the DWI and criminal defense legal issues, that is a whole different story. We, at the Coffey Firm, can help you with this. A DWI conviction is based on what the State can prove. Move forward in your personal life and know we are here for you.

More about Mimi Coffey

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

16 March

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BEWARE: Increased Penalties During a State of Emergency

Posted by Mimi Coffey

in Helpful Legal Information

Mimi Coffey DWI Lawyer, Texas COVID Texas Penal Code section 12.50 provides that penalties increase for certain offenses when committed during a state of emergency. Due to the unexpected outbreak of Covid-19 (Coronavirus), we are currently in a state of emergency! When the President of the United States or the Governor declares a state of emergency, this provision goes into effect. Texas Governor Abbott declared the Coronavirus a state of emergency on March 13, 2020 (https://gov.texas.gov/news/post/governor-abbott-declares-state-of-disaster-in-texas-due-to-covid-19).

Specifically, the following crimes under the Texas Penal Code jump a penalty grade:

22.01 Assault
28.02 Arson
29.02 Robbery
30.02 Burglary
30.04 Burglary of a Vehicle
30.05 Criminal Trespass
31.03 Theft

Increased Penalties for Misdemeanors

Furthermore, if the penalty grade for the following remains in the misdemeanor category (a class B misdemeanor elevating to a class A misdemeanor), the law requires the minimum confinement in jail to be 180 days for the following offenses under the Texas Penal Code:

22.01 Assault
30.04 Burglary of a Vehicle
30.05 Criminal Trespass
31.03 Theft

The Texas Legislature has determined that crimes committed during disaster times, and for the areas affected, particularly merit more severe punishment. For example, melees, brawls, and delinquent acts of ruffian behavior are an added affront to tough times. A normal fight or tussle could very well end up being a felony charge with harsh consequences. It is very important that everyone be aware that stressful times need not equate to more trouble.

Please stay safe. Follow the CDC guidelines: https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/summary.html. The Coffey Firm is wishing you much health, safety and happiness during these dangerous times and beyond.

Please contact us if the court closures in Tarrant and Dallas might affect your case.

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When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney and is board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Driving While Intoxicated (DWI), Unlawful Carrying of a Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant County, DWI attorney Dallas County, DWI attorneys Collin County and DWI attorneys Parker County. Mimi is a caring DWI Lawyer in DFW. She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

**** GOVERNOR ABBOTT RECOMMENDS THAT COURTS NOT ALLOW IN-PERSON APPEARANCES UNTIL AT LEAST JUNE 1 (as of April 27, 2020) ****

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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)

Family Code Definitions

Can the police arrest me for assault based on word alone, without any evidence?

The victim does not want to prosecute. Can the State of Texas still prosecute me?

I heard that family violence deferred adjudication results in a fake dismissal. Is this true?

No one will believe me that this did not happen. I have no witnesses and she is lying!

The legal repercussion of an assault or family violence conviction are serious.

I was released from jail with an emergency protective order (EPO). What does this mean?

I really don’t feel like I have a case to defend. What are my options?

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Oh no! I Screwed Up My Texas DWI Probation! What Can I Do?

What is a DWI probation revocation?

What are common reasons to revoke a Texas DWI probation?

How will I know when I am in trouble?

Should I hire a lawyer for my Texas DWI probation revocation?

Warning! Be Prepared When Going to Your Probation Officer

What are the options for a Texas DWI probation violation?

The Legal Process of a Texas DWI Probation Revocation

Final Considerations

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ALR (Drivers License Suspension) HEARINGS

COMMERCIAL DRIVERS LICENSES (CDLs)

OCCUPATIONAL DRIVERS LICENSE (ODL)

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Oh no! I Screwed Up My Probation! What Do I Do?

Can I hire The Coffey Firm for my Probation Revocation?

What is a probation revocation?

What kind of actions will cause my probation to be revoked?

What is the process for a probation revocation?

Will I go to jail for a probation revocation?

What is the bond process for a probation revocation?

What can The Coffey Firm do for my probation revocation?

What are my options?

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Humanizing is about who, what, when, where and why against a backdrop of reality including factors such as:

Social Demographics.

Family Dynamics.

Accomplishments.

Character.

Everyone Makes Mistakes.

Big picture factors.

Life events.

Occupation.

Proactive Measures.

Connections.

The Coffey Firm Understands the Importance of Humanizing

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The News reports that jails are releasing inmates due to COVID-19. Is this true?

Are jails and prisons releasing inmates due to COVID-19?

What about the release of violent offenders?

What does the early release of inmates legally mean?

What legal authority does the Governor have to keep “violent offenders” in jail without the benefit of COVID-19 huminatarian releases?

What is the practical effect of the Governor’s COVID-19 order?

On the topic of Violence during these trying times…

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What is a Writ of Habeas Corpus?

Texas Writs of Habeas Corpus (How do I bond someone out of jail? Do I need to get writ?)

History of the Writ

Why are Writs of Habeas Corpus important?

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The STRENGTH of George Washington

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Increased Penalties for Misdemeanors

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