Texas determines the statute of limitations for crimes based on their legal classifications. The main objective of the statute of limitations is to ensure that any evidence or testimony associated with the case is preserved and not diminished over time. Generally, in cases of misdemeanor domestic assault, the statute of limitations is two years. However, if the domestic violence charge meets the legal criteria to be considered a felony, the statute of limitations is increased to three years. For example, continuous family violence may be charged as a felony when the accused has engaged in domestic assault two or more times in one year. Continuous family violence is a third-degree felony punishable by up to 10 years in state prison.

Contrary to popular belief, standardized field sobriety tests are not "pass - fail." The tests are designed to look for clues of intoxication due to not having the normal use of your mental or physical capabilities due to the introduction of alcohol or some other substance into your body. Field sobriety test are difficult to perform under even the most ideal circumstances. Failing to attempt to perform field sobriety tests will be taken as though you are trying to hide evidence of guilty, but attempting to perform field sobriety tests will most likely create some evidence of guilt in a DWI. Whether you agree to perform a sobriety test or not, make sure to tell the police officer about any chronic or recent injuries to your feet, ankles, knees, hips, back or brain (such as a concussion), because these types of injuries can affect your balance.

As a general rule, once you are convicted of a jailable crime you are never able to expunge it from your record. This means that a conviction for jail time, including "time served," a probation or even a deferred adjudication makes you unable to get an expunction. Theft charges that result in complete dismissals, pretrial intervention dismissals and acquittals are eligible for expunctions. Theft charges that result in deferred adjudication (deferred probation) are not eligible for expunctions, but if you successfully complete the deferred adjudication, you may be eligible for a non-disclosure, which is similar to an expunction. You need to hire a lawyer if you are concerned about the long-term consequences of your criminal charge.

A prosecutor does have the legal discretion to drop aggravated assault charges. However, if the victim is unwilling to cooperate, that does not automatically mean the charges will be dropped. The State of Texas has the legal authority to pursue criminal cases without the victim's cooperation. It is important to remember that the state can pursue criminal cases in the interest of public safety. Additionally, the state will utilize the testimony of other witnesses to try and prove their case. In some instances, where the victim asks to have the charges dropped, the prosecution may threaten to put the victim in jail if they do not cooperate.

You should reach out to a criminal defense attorney the moment you suspect you might be under investigation or immediately after being arrested. Ideally, the earlier an attorney gets involved, the better they can protect your rights, advise you on what to say (and what not to say), and start building a strong defense strategy. Whether it's just a hunch that the police are looking into your actions or you've been formally charged, getting a lawyer on your side ASAP can make a huge difference in navigating the legal system and potentially impacting the outcome of your case.

Whether or not a driver is charged with manslaughter after causing an accident where another party was killed depends on the circumstances. Sadly, fatal motor vehicle accidents occur every day in the Houston area. A law enforcement investigation often determines that no one should be held criminally liable. However, if the driver responsible for the fatal crash was driving under the influence of drugs or alcohol or was street racing, they could be held legally responsible and charged with manslaughter. However, often, law enforcement agencies and state prosecutors are overzealous when there is no legal basis to pursue criminal charges.

Criminal defendants can raise several defenses to challenge charges. Innocence is the most straightforward—claiming you didn't commit the crime. Self-defense justifies using force when facing imminent harm. The insanity defense argues mental illness prevented understanding right from wrong. Alibi proves you were elsewhere when the crime occurred. Duress claims you acted under threat of harm. Entrapment shows law enforcement induced the crime. Mistake of fact demonstrates you misunderstood key circumstances. Each defense requires specific evidence and legal standards to succeed in court.

Drug court is an option that helps drug offenders avoid jail time or have their case dropped upon successfully completing the program. However, just because a defendant is a first-time drug offender, they do not automatically qualify for drug court. Some factors that prosecutors and the court consider include the facts and circumstances of the crime, whether the offense was non-violent, and an evaluation to determine if the defendant would be responsive to treatment. However, if the accused has a drug defense attorney representing them, it can significantly increase their chances of being accepted into the program.