by Houston Criminal Defense AttorneyUpdate: New DWI Laws after the 86th Legislative Session
Deferred Adjudication for DWI Offenses: It’s a Trap!
What is Deferred Adjudication?
Deferred adjudication involves the accused pleading guilty to the charged offense, the judge finding that person guilty, but withholding that finding upon the completion of deferred adjudication and the conditions attached. Upon a successful completion of the deferred adjudication the case is dismissed and the arrest record can be blocked (i.e. nondisclosure).
If I have been charged with DWI am I eligible for deferred adjudication.
For persons accused of DWI on or after September 1, 2019 the answer is yes, if:
- The person is not accused of an intoxication offense under 49.045, 49.05, 49.065, 49.07, or 49.08; or
- The person was not driving with a commercial driver’s license or permit;
- A blood alcohol concentration of 0.15 or more;
- 49.09
Will I have to have an interlock on my car?
For the most part, yes. A condition of the deferred adjudication will be the requirement of an interlock, unless the court finds, after a controlled substance and alcohol evaluation, the interlock is not necessary for the safety of the community.
What is the difference between DWI pretrial intervention (PTI) and DWI deferred adjudication (DADJ)?
Some counties, Harris County included, offer DWI PTI programs if specific requirements are met. DWI PTI is an agreement between the district attorney’s office and the accused where the accused agrees to a number of conditions in exchange for a dismissal at the conclusion of the program (typically one year). With a DWI PTI the accused DOES NOT enter a plea of guilty.
A DWI DADJ means a person pleads guilty to the DWI offense, but the court withholds a finding of guilt and places the person on deferred adjudication for a specific time period. At the conclusion of the deferred adjudication, the accused is discharged and the case is dismissed.
There are two key differences between DWI PTI and DWI DADJ. DWI PTI can be erased or expunged and cannot be used against the accused as an enhancement should the person be accused of DWI again. DWI DADJ, on the other hand, can only be blocked by a nondisclosure. District attorneys, police and other state agencies and licensing boards may still have access to the records. Additionally, DWI DADJ can be used as an enhancement should a person be arrested again for DWI.
What is the difference between DWI probation and DWI deferred adjudication?
DWI probation is where a person pleads guilty, the court finds that person guilty and orders a sentence, but suspends the sentence and places the person on a probationary term. DWI probation, like deferred can be used as an enhancement against a person should they be accused again of DWI and can not be erased or expunged (but can be blocked if the accused has never been arrested before).
DWI Lawyer Conclusion on DWI Deferred Adjudication
In reality DWI DADJ is not much different than DWI Probation and there are better options. DWI PTI explained above is a better option. Setting the case for trial is another. Even time served (person receives credit for the time spent in jail and pays a fine) would be a better option for most than DWI DADJ. Beware, It’s a trap!
Texas DWI & DUI Surcharge & Fines
The DWI surcharge repeal will eliminate all pending and unpaid surcharges imposed before it becomes effective on 09-01-19 and allow for any person’s license suspended as a result of unpaid surcharges to be reinstated. This is the good.
The bad is beginning 09-01-19 there will now be “state fines,” in addition to any other statutory fines (e.g. up to $2000 for a first offense, Class B DWI) ranging from $3000 – $6000.
Houston DWI Lawyer’s Conclusion on the New DWI Fines
These fines will take on greater significance in plea bargaining, as the nature of the plea will effect the quantity of the fine that may be imposed. DWI, already a cash cow for Texas, just became a lot more expensive.
by Houston Criminal Defense AttorneyHarris County Criminal Court Locations
Harris County Criminal Courtrooms
As the Harris County Criminal Justice System continues to recover from Hurricane Harvey, the misdemeanor courts have finally moved back into the original criminal courthouse (1201 Franklin).
See below for updated courtroom locations and times.
by Houston Criminal Defense AttorneyTexas Senate Says Yes to Hemp.
On May 15 the Texas Senate said “Yes” to hemp and CBD products by voting in favor of House Bill 1325.
While hemp has now made it through both the House and the Senate, there is still work to be done if the bill is to become law by the end of the legislative session (May 27,2019).
The House and Senate will need to agree on changes made by the Senate to the original bill, such as the right of law enforcement to not only stop, but seize hemp and CBD products they believe could be marijuana.
To see the latest amendments to House Bill 1325 click here.
by Houston Criminal Defense AttorneyHouston Criminal Lawyer
We defended the north and we’ll defend you!
by Houston Criminal Defense AttorneyDefense of a Third Person – Texas Assault Charges
In Texas, you are legally allowed to not only defend yourself as reasonably necessary, but others as well.
Exhibit A:
The Easter Bunny (EB) seen here, had every right to defend this lady against her attacker. EB, laying eggs and dropping hammers.
by Houston Criminal Defense AttorneyTexas Hemp Farming Act
The Texas Hemp Farming Act, currently H.B. 1325 is two-stepping its way toward the hemp dance floor. While a number of hemp related bills were submitted this 86th legislative session, H.B. 1325 seems to have the most momentum and if Texas is going to be invited to the hemp party, it will likely be on the wheels of this bill.
What will the new law be called?
The Texas Hemp Farming Act
When will it go into effect?
If signed, the earliest of signing day (with 2/3 house votes) or latest of September 1, 2019.
What is the Act’s purpose?
To promote the cultivation and processing of hemp and develop new commercial markets for farmers and businesses through the sale of hemp products. In other words, it will be legal to grow and sell hemp products.
Who will oversee the Texas Hemp Farming Act?
The Texas Department of Agriculture will be responsible for monitoring and developing rules for the cultivation and processing of hemp, including land plotting requirements, testing requirements, disposal requirements, inspection requirements and penalties and sanctions. The Texas Department of State Health and Services will be responsible for monitoring and developing rules for the manufacturing, packaging, transportation, sale and use of consumable hemp products.
How is Hemp Defined in the Act?
Similar to federal law, Texas hemp will be lawful it it contains less than 0.3% THC.
Specifically “hemp” means the plant Cannabis sativa L, and any part of that plant including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis (or in a hemp product).
Hemp products include cosmetics, personal care products, food intended for human or animal consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics and any product containing one or more hemp-derived cannabinoids, including cannabidiol.
Are there packaging and labeling requirements?
Yes. Under the act there is a laundry list of information that must be accessible either on the packaging itself or URL or barcode that points to a webpage.
Are any products prohibited?
Yes. The processing or manufacturing of a hemp product for smoking is expressly prohibited under the Texas Farm Act.
What about hemp products made in other states?
Retail sales of hemp products manufactured or processed outside of Texas are allowed as long as the products were processed and cultivated legally in another state or jurisdiction that has the same or substantially similar requirements for processing or cultivating hemp products as Texas.
If you are a farmer or business who needs legal Cannabis assistance in Texas, contact The Adamo & Adamo Law Firm today to learn more.
by Houston Criminal Defense AttorneyInfertility Doctors Beware – Infertility Fraud: It’s a thing and it’s about to be a crime in Texas.
What is Infertility Fraud
Infertility fraud is a sexual assault offense where a health care provider intentionally implants human sperm, eggs or embryos from an unauthorized donor. Currently, the Texas Penal Code does not have a section devoted to such rape by deception. However, in an effort to keep up with technological gains specifically related to infertility treatments, this is about to change.
The Senate Criminal Justice Committee approves infertility fraud bill.
The bill, now on its way to the Senate, makes infertility fraud a state jail felony with a punishment range of 180 days to 2 years in a state jail facility and up to a $10,000 fine. This sex crime may be prosecuted up to two years from the date the offense was discovered, but would only apply to future crimes. Thus, any infertility fraud that occurred prior to the passage of the bill could not be prosecuted criminally, although civil remedies still remain.
How does infertility fraud occur?
Infertility fraud has come to light in large part due to the availability and ease of access to DNA testing kits like ancestry.com and 23andme.com. Results have lead an imprint back to the office of the patient’s health care provider.
How does infertility fraud happen? It’s shockingly easy really.
Two common types of infertility treatments are Intrauterine Insemination (IUI) and In-Vitro Fertilization (IVF). The former involves placing washed sperm in the women’s uterus when she is ovulating using a catheter.
The latter, IVF, is more evasive and involves surgically collecting a woman’s eggs along with sperm from a male partner or donor. Once collected the egg and sperm are placed in a culture dish for fertilization and growth. At a certain point, the resulting embryo is placed back into the woman’s uterus.
In each infertility treatment, the sperm is left solely in the hands of the healthcare provider for washing (IUI) and insemination (IVF). It is at these points the opportunity to switch the donor’s sperm with, say a healthcare provider’s sperm exists. Up until now who would have ever known. No harm, no foul? Well, folks are feeling the harm and Texas is about to call infertility fraud a serious sexual assault foul.
The Adamo & Adamo Law Firm is a full service law firm representing citizens accused of sex crimes both nationally and throughout Texas.
by Houston Criminal Defense AttorneyGauging the temperature: Hemp & CBD in Texas
As of April 2, 2019 (note: hemp is anything but a static point in Texas, it is a wave in constant change).