Category Archives: Kerrville Attorney Blog
Can You Go to Jail for a Misdemeanor?
A misdemeanor is defined as a crime punishable by up to a year in jail. But in Texas, whether or not you are likely to be incarcerated for a misdemeanor conviction depends on a number of aspects. Punishment is determined in part by the crime’s seriousness. Texas divides misdemeanors into three classes: Class A misdemeanors,… Read More »
Can You Go to Jail for Driving with a Suspended License?
Jail is a potential consequence for driving with a suspended license. Under the Texas Transportation Code, in order to operate a motor vehicle, a person must possess a valid driver’s license. Licenses can be suspended or revoked for several reasons and for different lengths of time. Despite the inconvenience and hardship a suspension or revocation… Read More »
Can You Go to Jail for Driving Without a License?
Driving without a license could mean having no valid license or just not having it in your possession. The difference between the two could be jail or no jail. Texas law requires that you be licensed to drive and also be able to display your license at the request of a law enforcement officer. If… Read More »
Can You Go to Jail for Driving Without Insurance?
Texas, like most states, mandates that all motor vehicle operators be covered by third-party liability insurance. The minimum coverage levels are $25,000 for property damage and $30,000 per person and $60,000 per accident for personal injury. Failure to carry adequate insurance is punishable by steep monetary penalties but not by jail — unless there are… Read More »
Corpus Delicti – No Body, No Crime?
Watching crime movies or t.v. shows might give you the impression that without a body there can be no conviction for murder. Whitey Bulger, the biggest thug in Boston for years liked to say, “No body, no crime.” This is not always true. Popular fiction implies that the Latin term corpus delicti means that the… Read More »
Automobile as Deadly Weapon in DWI Case
Prosecutors like to threaten defendants charged with DWI with the hammer of an enhancement for use of a deadly weapon. This is easy to do in a case involving death or serious injury, since by definition, the car was capable of causing serious bodily injury or death. Prosecutors will also seek a deadly weapon finding… Read More »
What is the insanity defense?
Section 8.01 of the Texas Penal Code provides for the affirmative defense of insanity: It is an affirmative defense to prosecution that, at the time of the conduct changed, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong. There are some crimes so horrific most… Read More »
Entrapment and Drug Free Zones, Measure as the Crow Flies
Prosecutors and police love to charge defendants with selling drugs in drug free zones. As an article on the Texas prosecutors’ website says, “One tool assists prosecutors in their quest for a meaningful prison term for drug offenders: an affirmative finding that the offense was committed in a drug-free zone (DFZ). The DFZ finding can,… Read More »
Should I Take a Polygraph (Lie Detector) Test?
If you are under investigation for a sex crime in Texas, you might be asked to take a polygraph test(a.k.a. “lie detector test”). The request might come from a police detective, the Texas Department of Family and Protective Services (DFPS) or Child Protective Services (CPS). While it is natural to want to clear your name… Read More »
What is a Summary Judgment?
In a civil case (as opposed to a criminal case), a court may enter a summary judgment when the undisputed facts show that there is no genuine issue of any material fact and the moving party is entitled to judgment as a matter of law. The party seeking summary judgment files a motion that states… Read More »