Fort Worth Criminal Defense Blog

It's a term that many people have probably heard, but very few people understand: habeas corpus.

A Latin term meaning "you have the body", a writ of habeas corpus is an order or summons given by a court to compel a person or authority to appear before the court to explain why a person is being detained or, as Texas law describes it, is "restrained in his liberty". Essentially, a writ of habeas corpus is used to prevent a person from being illegally detained.

This summer, the Texas Legislature passed a new law that increases the penalties for people convicted of driving while intoxicated (DWI) with high blood-alcohol concentrations (BACs). Known in some areas as a "super drunk driving" law, it became effective on September 1, 2011.

In Texas, drivers may be charged with DWI if they are pulled over and a breath, blood or urine test performed by a police officer reveals that their BAC is 0.08 or greater. For most first-time DWI offenses, the offense is a Class B misdemeanor, which carries a possible sentence of up to 180 days in jail and a fine of up to $2,000 if convicted.

A new law that went into effect late this year enhances penalties for drivers in Texas who have high blood-alcohol levels. The new law increases DWI from a Class B misdemeanor to a Class A misdemeanor if the driver's blood alcohol content (BAC) registers .15, a new threshold above the .08 level on which a typical DWI conviction must be based.

The possible sentence for even a first-time enhanced DWI can be as much as a year in jail and several thousand dollars in fines, as well as increased automobile insurance rates and other collateral consequences. With increased penalties comes a greater need for aggressive legal defense to protect an accused driver's rights and interests.

In what could be considered an unconventional approach to discouraging an unlawful act, a new law in Texas reduces the penalties for teens who violate sexting laws.

Sexting is the practice of sending or receiving sexually explicit images or pictures in various stages of undress through text message on cell phones. While sexting would not be a violation of the law if the sender, receiver and person(s) in the images are at least 18-years-old; according to Texas Attorney General Greg Abbot, sexting is "increasingly common among teenage children."

In its effort to curb sexting by teenagers, Texas had taken the approach of using the laws on the books to charge teenagers accused of sexting. Teenagers accused of possessing, sending or receiving images of children under 17 were often charged with the laws used to fight child pornography. Teenagers accused of sexting often faced felony charges of distribution or possession of child pornography; potentially putting these teenagers at risk of registering as sex offenders for life.

However, in practice, this approach didn't work well. Because the penalties for sexting were so severe, many prosecutors didn't subject teenagers to these potentially life-altering consequences. Thus, lawmakers in Texas decided to reduce the potential penalties so that prosecutors could bring charges.

Chapter 55 of the Texas Code of Criminal Procedure governs the requirements and procedure for the expunction of arrest records, court records and criminal history record information. The statute was amended by the Texas legislature this year, changing the time period for obtaining an expunction of records in Texas.

What are the Changes?

You can obtain an expunction if you have been released and the charge did not result in a conviction, or community supervision, and no indictment or information has been filed for:

Since September 2009, certain offenders in Dallas County, TX have been eligible for an innovative program that allows them to serve their jail sentences under house arrest rather than in a jail cell. The program benefits offenders by allowing them to serve their sentences with less disruption to their lives than doing so in a traditional setting, while also saving the county considerable amounts of money.

Details of the Program

Those convicted of misdemeanors or state jail felonies reduced to misdemeanors are eligible for the program. Program participants wear ankle bracelets that monitor their movements. The offenders are allowed to go to work or school at certain times of the day and then must return directly home, letting people keep jobs while still completing their sentences. The bracelets are accurate within three feet, so prison officials know where program participants are at all times. If an offender violates the terms of house arrest, he or she runs the risk of going to jail.

Most individuals involved in the program serve 30 to 60 day sentences; though the program can accept people with sentences as long as 180 days. Participants earn the same jail time in this program as if they were in jail, as well as good time gains and back time.

There is often some lag time between individual use of a substance and society's decision that it is dangerous and needs to be controlled. One recent example was the rapid criminalization across of the country of possession or sale of synthetic marijuana sold as "K2" or "Spice."

The Texas House and Senate recently passed legislation to ban certain substances sold as bath salts, research chemicals or plant food under names such as Vanilla Sky, Ivory Wave, Cloud 9, Meow Meow and White Lightning. The U.S. Drug Enforcement Agency (DEA) is warning communities across the country that these designer drugs, known as synthetic cathinones, are intended to mimic the effects of methamphetamine, ecstasy (MDMA) or cocaine.

Making bail on Texas criminal charges can give you some big advantages. For example, you can remain at home and have the support of family and friends while you await trial. You may even be able to keep working. But bail may not be an option after every criminal charge.

Bail on Texas Criminal Charges

In Texas, a judge will consider several factors before setting bail. A judge will look at the facts surrounding the charges and may decide that the allegations are too serious to allow a criminal defendant out of jail while awaiting trial. Another important factor is whether the criminal defendant is a "flight risk" - that is, does the judge believe that the defendant will flee to avoid trial on the criminal charges? A judge will also consider the defendant's ability to pay the bail.