Menu Contact
TRBR. Todd Bennett, P.C.

Board Certified, Criminal Law Texas Board of Legal Specialization

Se Habla Español

Distinguished TM AV Lexis Nexis Martindale Hubbell Peer Review Rated For Ethical Standard And Legal Ability Super Lawyers The Best Lawyers in America Bar Register Preeminent Lawyers Board Certified Texas Board of Legal Specialization
More Practice Areas

Houston Criminal Defense Blog

You have the right to defend yourself or others from attack

Security is far from a given these days. People can find themselves in danger while shopping, at a movie theater or even during a walk outside. You could be the unintentional victim of a would-be mugger. Perhaps you witness someone mercilessly beating someone else. Maybe you run into someone you have had a bad interaction with in the past, and things turn violent.

When someone attempts to hurt you or someone else, you have the right to defend yourself and innocent third parties from harm. That could include actions that would otherwise end up classified as assault. However, you must understand Texas law to avoid being put at legal risk when defending yourself.

When more than one case comes out of a criminal matter

Many people assume that the double jeopardy protections in the United States Constitution mean that you can only face one legal case for a specific incident. This is a misconception that some people realize isn't factual too late. It is possible to have to answer to two types of cases that both stem from one event.

Here are some points to remember if you are facing two cases from one alleged criminal action:

You can fight back against assualt charges

Like other criminal acts, a charge for assault in Texas can come with severe consequences. If you commited the alleged act, you could face criminal penalties, including jail time. In addition, the alleged victim might also try to sue you in civil court in order to obtain compensation from you for any injuries that resulted from the act.

If a Texas court in Houston has charged you with assault, it is important to fully understand the range of consequences that might affect you. Knowing this information can help you make decisions about how to proceed with your defense.

All about drug trafficking for those facing charges

Drug trafficking charges tend to be automatic if authorities find you in possession of a large quantity of controlled substances. Those substances could be pharmaceuticals or other types of drugs like marijuana, heroin, cocaine, molly, hash, LSD, ecstasy or something else.

Perhaps your charges happened something like this: You were driving in your vehicle when police pulled you over in a routine traffic stop for speeding. Next thing you know, police decide to search your vehicle and they find several pounds of marijuana. This, in turn, leads to a search of your home, where authorities find a hundred pounds of marijuana. Such a large quantity of drugs will no doubt lead to a drug trafficking charge.

Using an ignition interlock device

Residents in Texas who are convicted of a criminal charge for driving while intoxicated may face a range of penalties that could include the loss of driving privileges. Some people may have the opportunity to have their driving privileges restored but in order to do so they might have to install and use an ignition interlock device.

As explained by the Texas Department of Public Safety, approval for this requires that the driver ensure their license is in good standing. This may involve paying fees and also submitting proof of an SR-22 with the state. Once approved, it is the responsibility of the driver to arrange the installation of the device using a state-approved vendor. Payment for the installation must be made by the driver and ongoing maintenance costs are also to be paid for by the driver.

Prosecutors may seek death penalty against dad

When people in Texas hear or read reports of defendants charged with serious crimes like murder, one of the challenges can be to remember that every defendant is innocence until proven guilty. These early reports often made right after the death of someone or after an arrest or initial arrest are often emotionally charged and generally offer very few details. The lack of detail is important as that information left out may make a big difference in identifying whether or not a person is actually guilty of the crime as alleged.Last

Last autumn, a girl who was only three years old was found dead in a tunnel beneath a road. Since her body was found, her adoptive father has been arrested and was most recently charged with child abandonment, tampering with evidence and capital murder. Based upon the capital murder charges, there exists the possibility that the prosecution team may pursue the death penalty as a consequence in the case if in fact the man is found guilty.

Defend yourself vigorously against domestic abuse charges

Anyone who is facing a domestic violence charge here in Harris County should know that the Texas courts take a serious view of the offense. As such, so should those who have been arrested for the crime.

Under the Texas Family Code, family violence is defined as acts by household or family members against other members of the household or family with an intent to cause bodily injury, assault, physical harm or threats that reasonably make the victim fear physical harm is imminent. Reasonably disciplining one's own children is exempt from the law.

What do field sobriety tests show?

If you have been stopped by a police officer or other law enforcement officer while driving and subsequently questioned regarding your potential or suspected intoxication while driving, you may have been asked to perform a variety of tests. If you were ultimately arrested and charged with a driving while intoxicated offense, you will want to understand exactly what these tests were meant to evaluate.

Many people might assume that all tests used in a drunk driving investigation are intended to prove or otherwise show that a driver is impaired. However, as FieldSobrietyTests.org indicates, that is not the case for the non-chemical tests that are administered. There are three tests standardized and approved for use in a suspected drunk driving case by the National Highway Traffic Safety Administration. One of these measures an involuntary motion of the eyeball, another requires a person to balance on one leg while counting and the third involves a person walking along a real or imaginary line.

Understanding different types of intoxication charges

Texas residents may think a DWI is the only kind of crime related to alcohol. This substance can play a role in other charges, though. At R. Todd Bennett, P.C., I know it is important for you to understand the kinds of charges associated with intoxication.

Driving while intoxicated can have serious consequences. If your vehicle collides with another vehicle or a pedestrian, you may be charged with intoxication manslaughter if someone dies. Additionally, you might face a charge of intoxication assault if someone incurs a serious bodily injury after being struck with your car. This kind of injury does not just refer to one that is severe. Typically, a serious bodily injury is one that could result in a person's death.

Field sobriety tests not always accurate

If you have been arrested and charged with a drunk driving offense in Texas, you may understandably be scared and upset and very worried about what might happen to you. The impact of a drunk driving conviction can be emotionally and financially tough on drivers. However, it is important for you to know that you have rights and there may be ways to defend yourself against the charges you face.

One of the options for a potential defense to a driving while intoxicated charge is to challenge the accuracy of the field sobriety tests that were administered before your arrest. Each of the three tests used has a known rate of inaccuracy associated with it. Many physical and neurological conditions can make it all but impossible for you to pass at least one of these tests even if you have not been drinking. If you have a hip, leg or knee injury you may not able to balance well on one leg for example.

Office Location

R. Todd Bennett, P.C.
1545 Heights Blvd. Suite 600
Houston, TX 77008

Phone: 713-752-2728 | Fax: 713-650-1602
Houston Law Office Map

Gain Insight From A Board certified Texas criminal law Attorney

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.