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Facing Criminal Charges for Homicide? Houston Homicide Lawyer Charles Johnson is the Right Lawyer for You

Houston Homicide Lawyer Charles Johnson

Are you currently in a situation where you are facing criminal charges for Murder? Houston Criminal Homicide Lawyer Charles Johnson represents clients charged with Homicide crimes throughout all of Texas. The Charles Johnson Law Firm can provide legal counsel at virtually any stage of your case, even if formal charges have not yet been filed against you. Currently, Texas has six types of Criminal Homicide charges:

Homicide is the act of killing another person, either intentionally or unintentionally. It is perhaps the most serious crime you could be accused of, and the potential penalties you could face if convicted are equally serious. Your lawyer must be well-versed in Texas and Federal Homicide laws to successfully represent you. If you or someone you love has been charged with any type of Criminal Homicide, you must take these charges very seriously and seek the legal advice of an experienced and knowledgeable Houston Criminal Defense Attorney right away. The Charles Johnson Law Firm will examine all the details of your case and will challenge the evidence against you. Houston Lawyer Charles Johnson has helped his clients either prove their innocence, or obtain a reduction in the charges against them. Whether you or guilty or not, you deserve to have an experienced attorney on your side who will work aggressively, to protect you and your rights. Contact Criminal Defense Lawyer Charles Johnson anytime night or day directly at (713) 222-7577. He is always available to discuss your case.

Texas Penal Code Chapter 19:  Four Types Of Criminal Homicide

TPC section 19.01 states that there are four types of Criminal Homicide.  They are Murder,Capital Murder, Manslaughter and Criminally Negligent Homicide.


Under TPC section 19.02 there are three basic ways to commit murder:

  1. intentionally or knowingly causes the death of an individual;
  2. intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual;  or
  3. commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission
    or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

Murder is usually a felony of the first degree, the possible punishment for which is imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years and/or by a fine not to exceed $10,000.  The only exception to this that the crime is a felony of the second degree if the requirements of TPC sec. 19.02 (d) are satisfied:

At the punishment stage of a trial, the defendant may raise the issue as to
whether he caused the death under the immediate influence of sudden passion arising
from an adequate cause.  If the defendant proves the issue in the affirmative by a
preponderance of the evidence, the offense is a felony of the second degree.

During the punishment phase of the trial, a defendant may argue that he caused the death while under the immediate influence of sudden passion arising from an adequate cause. “Sudden passion” is “passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

Adequate cause” is a “cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.” Sudden passion is a mitigating circumstance that, if found by the jury to have been proven by a preponderance of the evidence, reduces the offense from a first degree felony to a second degree felony.

Thus, before defendants are allowed to have the judge or jury consider sudden passion, defendants must prove:

  1. that there was a adequate (legally recognized) provocation for the emotion or passion;
  2. an emotion or passion such as terror, anger, rage, fear or resentment existed;
  3. that the homicide occurred while the passion or emotion still existed;
  4. that the homicide occurred before there was a reasonable opportunity for the passion or emotion to cool (dissipate);  and,
  5. that there was a causal connection between the provocation, the passion, and the homicide.

A second degree felony is punishable by imprisonment for not more than 20 years nor less than 2 years, and/or a fine not to exceed $10,000.  This is where the old offense of “voluntary manslaughter” ended up after amendments to the TPC effective in 1994.  Thus, there is currently no offense of voluntary manslaughter in Texas.

Capital Murder

A capital murder is a capital felony. The Texas Penal Code specifically defines Capital Murder(and, thus, the possibility of the death penalty as a punishment) as murder which involves one or more of the elements listed below:

  1. the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;
  2. the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or
    retaliation, or terroristic threat,
  3. the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;
  4. the person commits the murder while escaping or attempting to escape from a penal institution;
  5. the person, while incarcerated in a penal institution, murders another:
    1. who is employed in the operation of the penal institution;  or
    2. with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
  6. the person:
    1. while incarcerated for an offense under this section or Sec.19.02, murders another;  or
    2. while serving a sentence of life imprisonment or a term of 99 years for an offense under  Sec. 20.04, 22.021, or 29.03, murders another;
  7. the person murders more than one person:
    1. during the same criminal transaction;  or
    2. during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;
  8. the person murders an individual under six years of age;  or
  9. the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.

A capital felony is punishable by death or life imprisonment without parole.  If the prosecution is not seeking the death penalty, life without parole is the mandatory sentence.  Prior to 2005, capital felony life imprisonment was life with the possibility of parole after 40 years.

Under current state law, the crimes of Capital Murder and Capital Sabotage (see below) or a second conviction for the aggravated sexual assault of someone under 14 is eligible for the death penalty.

Note: The Texas Penal Code allows for the death penalty to be assessed for “aggravated sexual assault of child committed by someone previously convicted of aggravated sexual assault of child”. The statute remains part of the Penal Code; however, the Supreme Court of the United State’s decision in Kennedy v. Louisiana which outlawed the death penalty for any crime not involving murder nullifies its effect.

The Texas Penal Code also allows a person can be convicted of any felony, including capital murder, “as a party” to the offense. “As a party” means that the person did not personally commit the elements of the crime, but is otherwise responsible for the conduct of the actual perpetrator as defined by law; which includes:

  • soliciting for the act,
  • encouraging its commission,
  • aiding the commission of the offense,
  • participating in a conspiracy to commit any felony where one of the conspirators commits the crime of capital murder

The felony involved does not have to be capital murder; if a person is proven to be a party to a felony offense and a murder is committed, the person can be charged with and convicted of capital murder, and thus eligible for the death penalty.
As in any other state, people who are under 18 at the time of commission of the capital crime or mentally retarded are precluded from being executed by the Constitution of the United States.


Manslaughter  (TPC sec. 19.04) is recklessly causing the death of an individual.  Manslaughter is a felony of the second degree, which is punishable by imprisonment for not more than 20 years nor less than 2 years, and/or a fine not to exceed $10,000.

Texas does not officially use the term “involuntary manslaughter” or “voluntary manslaughter” which can sometimes be a little bit confusing. Many states do make the distinction between voluntary and involuntary manslaughter. Instead, Texas combines involuntary and voluntary manslaughter together and it is known as just “manslaughter.”

To convict a defendant of manslaughter, prosecutors must be able to prove beyond a reasonable doubt that the defendant recklessly caused the death of another individual. There is no requirement of premeditation to this crime and no requirement for there to be intent or knowledge on the part of the defendant. The only requirement is that the defendant’s conduct was reckless.

Although manslaughter is defined broadly in Texas, there are specific types of manslaughter that are treated separately. For example, intoxication manslaughter is one, and vehicular manslaughter is another. Intoxication manslaughter deals with the defendant recklessly causing the death of another while intoxicated. Cases involving driving while intoxicated would probably be prosecuted under TPC sec. 49.08, Intoxication Manslaughter (see below), rather than under this section. Vehicular manslaughter deals with the defendant recklessly causing the death of another while driving a vehicle or vessel.

Criminally Negligent Homicide

Criminally negligent homicide (TPC sec. 19.05) is causing the death of an individual by criminal negligence.  It is a state jail felony under which in general, a person can be confined in a state jail for not more than two years nor less than 180 days.  In addition, a fine of not more than $10,000 may be assessed.

Criminally Negligent Homicide differs from Manslaughter only in terms of the culpability or mens rea.  Criminally negligent homicide involves criminal negligence.  Manslaughter involves recklessness.  Thus, Manslaughter involves conscious risk creation (the actor is aware of the risk surrounding his conduct or the results thereof, but consciously disregards that awareness).  Criminally negligent homicide involves inattentive risk creation.  The actor ought to have been aware of the riskiness of his or her conduct but failed to perceive the risk.

Recklessness and criminal negligence are more serious forms of culpability than the negligence that can result in civil liability. Unlike civil  or ordinary negligence, recklessness requires somesubjective awareness of the risk.  Ordinary negligence is a totally objective standard.  Criminal negligence requires a “gross” deviation from the standard of care a reasonable or ordinary person would have exercised under the same circumstances.  Criminal negligence is roughly equivalent to “gross negligence” which is a more serious form of culpability than ordinary negligence.  Ordinary negligence can be made out by showing any deviation from the standard of care that a reasonable person would exercise.

Texas Penal Code Section 49.08 Intoxication Manslaughter

The final type of criminal homicide found in Texas Code is found in TPC ch. 49, “Intoxication and Alcoholic Beverage Offenses.”  A person is guilty of intoxication manslaughter if the person operates a motor vehicle in a public place, operates an aircraft, watercraft or an amusement ride, or assembles a mobile amusement ride and “  is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.”

“Intoxicated is defined as having a blood alcohol content of 0.08 or more or

not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body . . .

This offense is a felony of the second degree.  A second degree felony is punishable by imprisonment for not more than 20 years nor less than 2 years, and/or a fine not to exceed $10,000

Note that this is a strict liability offense. Guilt attaches even if the death is caused by accident or mistake.  Many observers are critical of strict liability offenses because they arguably punish conduct which is not blameworthy.  Supporters of strict liability offenses counter that such offenses are usually fine-only offenses.  This is clearly not the case for sec. 49.08 for which a person could be imprisoned for up to 20 years.

Best Houston Criminal Defense LawyerSection 49.08 does not apply to injury or death of an unborn child if the offense against the unborn child is committed by the mother of the unborn child.  Thus, if a pregnant woman is driving while intoxicated and has an accident which kills her fetus, it is not a crime.

Texas Government Code – Section 557.012 Capital Sabotage

  1. A person commits an offense if the person commits an offense under Section 557.011(a) and the sabotage or attempted sabotage causes the death of an individual.
  2. An offense under this section is punishable by:
    1. death; or
    2. confinement in the institutional division of the Texas Department of Criminal Justice for:
      1. life; or
      2. a term of not less than two years.
  3. If conduct constituting an offense under this section also constitutes an offense under other law, the actor may be prosecuted under both sections.

Possible Defenses for Murder Charges

Defenses to first degree murder charges fall into two major categories: claims that the defendant did not commit the killing in question, and admission that the defendant committed the killing, but did not commit first degree murder.

Defendants admitting to having killed the victim can assert defenses that they were justified in doing so (in self defense, for example), or that they were somehow incapacitated and thus not legally liable. These defenses require the defendant to put forth proof to support his or her defense.

First degree murder defendants also may simply argue that the prosecution has not proved all elements of a first degree murder charge typically that the defendant killed willfully, deliberately and with premeditation. Though the defendant may support such an argument with evidence, he or she is not required to do so, as proof of all elements of the crime falls on the shoulders of the prosecution.

As with statutes defining crimes, the defenses recognized for a specific crime can vary by state. Furthermore, which defenses a criminal defendant may have depends on the particular facts of the case in question. For guidance, defendants should consult an attorney well versed in his or her state’s criminal laws.

Mistaken Identity

In first degree murder cases, as well as other homicide crimes, defendants often argue mistaken identity i.e., that the prosecution has charged the wrong person with the killing. A defendant arguing mistaken identity often asserts an alibi if possible, which he or she tries to support with evidence of being somewhere else at the time of the killing. Other arguments in a mistaken identity defense include challenges to evidence placing the defendant at the scene of the crime. This can include challenges to witness identification as well as challenges to forensic evidence. A mistaken identity defense may also point to evidence implicating another possible suspect, but courts do not require defendants to do so.

Justified Homicide

Not all homicides are crimes, let alone first degree murders. The most common legal justification for a killing is self-defense or the defense of others.


To succeed, a defendant arguing self defense must show that the killing resulted from a reasonable use of force to resist a reasonable fear of death or bodily harm. The defendant cannot have instigated the threatening situation. The degree of force used in self-defense must be proportional to the threat perceived, and the threat perceived must be something that would place a reasonable person in fear of death or great bodily harm. Mere words or insults do not suffice.

The defendant’s reaction to the threat cannot take place after the threat of death or bodily harm has passed. Many states require that the defendant attempt to retreat or avoid danger if possible before resorting to the use of deadly force.

For example, if someone incapacitates a mugger with pepper spray, he or she may need to attempt to flee to safety instead of taking out a pistol and shooting the mugger. States differ in the degree to which they require an attempt to retreat if the threat they face occurs in the defender’s home.

Defense of Others

The reasonable and proportional defense of others also justifies some killings. The same requirements as self-defense typically apply: the use of force must be timely and proportional to the threat faced, and the perceived threat of death or bodily harm must be reasonable.

Exercise of Duty

Certain killings by law enforcement and other public officers qualify as justified homicides. If an officer kills someone in the exercise of duty and without an unlawful intent, recklessness or negligence, that killing generally does not constitute murder, let alone first degree murder.

Accident or Misfortune

Killings committed by accident in the course of lawful activities do not constitute murder. Some such killings may result in liability for manslaughter, but unless an accidental homicide takes place during the commission of a crime or as a result of other criminal intentions, they would not be covered by first degree or second degree murder statutes. In certain cases, such as parental discipline of children which results in even accidental death, the use of physical force beyond excepted norms can push the killing into murder and possibly, depending on state law, first degree murder.

Insanity Defense

Most states recognize an insanity defense to charges of first degree murder. Even states which allow the defense, however, treat it differently and often apply different tests. Most states define insanity, for purposes of determining criminal liability, as cognitively being unable to appreciate the quality of the act being committed, or unable to realize that the act is wrong. Some states also recognize a volitional aspect to “insanity” giving some defendants with disorders affecting impulse control access to the insanity defense.

Hire the Best Criminal Homicide Lawyers: The Charles Johnson Law Firm

Murder charges are of course the most serious of all charges and the most seriously pursued by the State Attorney’s Office or Federal Prosecutors. A person charged with homicide (murder) in Texas risks significant jail time and most convictions will result in never being released from custody. In some cases, they face being sentenced to death. Texas has become infamous in the country for the number of murders.

However not all deaths are criminal, and there are several powerful homicide defenses provided under Texas Law. If you or someone you know is charged with some form of a Homicide charge, then you need the best possible attorney. You are entitled to the best legal defense possible. Houston Criminal Defense Lawyer Charles Johnson can deliver that defense for you.Houston Criminal Homicide Lawyer Charles Johnson is available to discuss your case whenever you need him. Contact him directly at (713) 222-7577. His Law Office is headquartered in Houston, with offices conveniently located in Dallas, Austin and San Antonio.


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Houston Prostitution Defense Lawyer: The Charles Johnson Law Firm

Finest Houston Criminal Defense Lawyer for Prostitution
Generally, prostitution is the act of engaging in sexual activity by a person for a fee or a thing of economic value.  But the scope of the crime of prostitution has been widened to include all prostitution related offenses.  Thus a person is considered to commit an offense of prostitution if s/he engages in an act of prostitution willfully, solicits prostitution, or agrees to engage in an act of prostitution.

The parties to the crime usually include: a prostitute and a customer or a third person/pimp.  In addition to engaging in prostitution, soliciting prostitution, agreeing to engage in an act of prostitution, child prostitution, attempted prostitution are other prostitution related offenses.  A person may be guilty of an attempt to commit prostitution when s/he engages in conduct which tends to effect the commission of such crime.  In order to prove attempt, it is necessary to establish that a defendant had the intent to commit a specific offense and that a defendant engaged in some affirmative act to carry out that crime.

Houston Prostitution Defense Lawyer: Criminal Lawyer Charles Johnson

The elements constituting an offense of prostitution are that a person has engaged in a sexual activity and has done it willfully.  Sexual activity may be sexual intercourse or any lewd acts that may arouse sexual feelings.  Most jurisdictions make monetary consideration a requisite to constitute prostitution but some jurisdictions do not require it to be an element of the offense.  Consideration need not be in the form of money.

In order to constitute an offense of soliciting prostitution, a person has to solicit another person to engage in an act of prostitution and the act must have been done with specific intent to engage in an act of prostitution.  A prostitute or a customer may be charged for the offense of solicitation of prostitution depending on the circumstances or who began the interaction.  Specific intent of engaging in an act of prostitution is an essential element to constitute an offense.  An offer to pay money or other compensation like drugs in exchange for sexual acts may be considered evidence as to the intent of the parties.  Some courts have held that the individual being solicited must actually receive the solicitation in order to convict an accused for soliciting prostitution.

Agreeing to engage in an act of prostitution is another prostitution offense.  The elements of the offense are that, a person must have agreed to engage in an act of prostitution with another person.  It should have been with a specific intent to engage in an act of prostitution and any act in furtherance of prostitution must have had to be performed.  This offense is a continuation of solicitation of prostitution because the person who accepts solicitation will be agreeing to engage in prostitution.

A charge under the offense of agreeing to engage in an act of prostitution may be made even if the person who solicited did not have the same intent.  This situation may arise when a person who pretended to be a prostitute was an under cover agent.  In addition to the intent, an act in furtherance of prostitution must have been performed to constitute the offense of agreeing to engage in prostitution.

An act in furtherance of prostitution can be, driving to an agreed upon location where the sexual activity will take place, mere verbal command to undress, giving the payment agreed upon and the like.  The nature of the act is not important as long as it indicates existence of an agreement to engage in prostitution.

Houston Prostitution Defense Lawyer: The Charles Johnson Law Firm

Even though prostitution is (initially) a misdemeanor, a conviction can be devastating. A sex related criminal record can damage a person’s career and family life. If you are facing prostitution or solicitation of prostitution in Houston, Texas, you will find an aggressive, experienced, and knowledgeable criminal defense attorney in Attorney Charles Johnson.

Website: http://houstonlawyer.com

can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
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Arrested for Prostitution? Houston Prostitution Defense Lawyer

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Arrested for DWI in the Houston Area? Houston DWI Lawyer Charles Johnson

Finest Houston Criminal Defense AttorneyThe Charles Johnson Law Firm provides the highest level of representation in assisting our clients through the rigors of a DWI case. After you are charged with DWI in the Houston area, you are confronted with an unpleasant truth: anyone who drinks and drives is subject to arrest, whether or not they are actually affected by alcohol. However, being charged does not mean being convicted. Contact Houston DWI Lawyer Charles Johnson directly anytime day or night at (713) 222-7577 to discuss your case.


Hire the Best Houston DWI Lawyer: The Charles Johnson Law Firm

When someone gets arrested for a DWI, they get a lot of advice from almost everyone around them; friends, family, co-workers, and sometimes even the arresting officer gives you advice about what to do. It probably seems like everyone has a different answer for what is “the best thing to do.” And then you may have received some annoying letters from attorneys who do not even know you, some of which can be very intimidating, frightening, or just plain obnoxious.

The fact is that no two DWI’s are alike, because penalties and options vary depending on the facts of what happened, your prior record, the county and city you were arrested in, and the status of your driver’s license.

To get superior DWI representation, you need the best of these three things:

The Best Houston DWI lawyer will be familiar with the city and county of your offense and should know how that jurisdiction treats DWI cases like yours. Houston Lawyer Charles Johnson is aware of the current DWI statutes and case law, which changes all the time. Finally, your DWI lawyer should take the time to know about your situation so the goals of your case suit your individual needs.

DWI cases are not easy to win, and the justice system is not about to do any favors for DWI offenders in today’s anti-DWI society. An effective strategy is one that preserves every possible opportunity to impact the various penalties you will be facing. That is the key to superior DWI Defense Strategy: preserving and taking advantage of opportunities. Whether it is for purposes of arguing the issues of your case, negotiating a settlement, or controlling the timing of the penalties you will be facing, a solid strategy will help you come out of this with as little damage as possible.

The Best Houston DWI Attorney will devote an adequate amount of time and resources to your defense. You do not want an attorney that does not take the time to explain the ins and outs of your case to you every step of the way. You DO want a DWI lawyer who is passionate about defending DWI cases. Our DWI clients have taken advantage of our Knowledge, Strategy, and Dedication for honest solutions to their DWI problems. Don’t let another day go by before you start working on your case. Contact the Best Houston DWI Lawyer Charles Johnson today at (713) 272-4586 for a free case evaluation.

About DWI in Texas

In Texas, the legal limit for intoxication is .08 BAC. If an officer thinks your driving is impaired, you can still be stopped and arrested for DWI regardless of your BAC. Penalties get worse with every DWI offense.

Texas is a national leader in many areas―unfortunately, one of these is in the number of accidents and deaths related to driving while intoxicated (DWI). Each year, thousands of Texans are involved in this tragedy; about 2,000 of them die.

Texas is also a zero-tolerance state for underage drinking; any detectable amount of alcohol in drivers under 21 is a crime. Yet young drivers account for many alcohol-related traffic accidents, and the age group with the most violations and accidents are those between 21 and 34. Remember, teens and young people are actually more prone to reaching higher alcohol concentrations more quickly than older drinkers. Size and body weight also play a role. Big Uncle Fred may be able to toss back those shots of tequila and maintain an allegedly safe BAC but younger, smaller people may not be able to accomplish this feat.

While a DWI conviction requires a BAC of 0.08% or above, any driver can be cited for “driving while impaired” by drugs or lower concentrations of alcohol.

Texas DWI Penalties for Drunk Driving

Driving while intoxicated, first offense, is a Class B Misdemeanor that is defined at Texas Penal Code §49.04. That provision states that, “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place”.

This definition sets forth the elements that must be proven to sustain a conviction.  Those elements are:

  • The defendant, on or about a particular date
  • Was operating a motor vehicle
  • In a public place (street, highway, beach, parking lot, etc)
  • In a particular county
  • While intoxicated The Texas legislature has specifically defined the term “intoxication”, as that term is used for prosecution of DWI cases {Texas Penal Code §49.01(2)}

In addition, there are two definitions to encompass those who do or do not submit to chemical testing:

1) “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

2) having an alcohol concentration of 0.08 or more.”

It is important to note that the law provides for intoxication by the introduction of any intoxicating substance into the body. This is designed to make our roadways safe from dangerous drivers.

Typically, proof at trial is restricted to alcohol unless some statements or other indications suggest that the driver has become impaired by some other substance.  Equally as important, being on prescription drugs is not a defense to a DWI prosecution. If the label suggests that ingestion will impair one’s ability to operate a motor vehicle or machinery, taking such medicine and driving may subject you to DWI arrest and conviction.

At trial, the State therefore may prove intoxication in three (3) different ways:

  • not having the normal use of physical faculties OR
  • not having the normal use of mental faculties OR
  • having an alcohol concentration of 0.08 or more

The jury does not have to be unanimous on the manner and means of intoxication, only that the person was intoxicated.

Plus, intoxication must occur and be proven to occur while driving. Many other States provide for prosecution of a “lesser included” offense other than DWI (i.e. reckless driving, impaired driving, driving under the influence, etc.). Texas however has no lesser included offense of DWI. Some counties offer plea bargain agreements to other charges than DWI, but they are the exception and not the rule.

Classifications and Range of Punishment for DWI Conviction

DWI, 1st Offense:  Class B Misdemeanor in Texas


A fine not to exceed $2,000.


Confinement in the County Jail for a term of not less the 72 hours nor more that six (6) months.

Open Container

If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail.

Community Service

Texas law mandates that a judge order not less than 24 hours nor more than 100 hours.

Absent unusual facts, most persons convicted of a first offense DWI are granted community supervision (“probation”) of any confinement ordered. The general length of DWI probation is from 1-2 years. There are also conditions of community supervision ordered that are fairly standard in most courts. Typical conditions imposed are: Drug/Alcohol Evaluation. A person convicted of DWI will be required to submit to evaluation for probability of committing DWI in the future and/or to disclose a potential problem with alcohol or drug abuse. If a problem is detected, additional terms and conditions of probation are ordered to be administered through the Community Supervision Department. Attend and complete an approved DWI Education class within 180 days from the date of conviction (Satisfying this requirement will avoid the one (1) year drivers license suspension, unless if you were a minor (under 21) at the time of the offense.) Attend and complete a Victim Impact Panel. This is a forum that presents victims of drunk drivers to address persons convicted of DWI and warn of the dangers and perils of driving while intoxicated. Work faithfully at suitable employment, commit no other crimes, remain at the same residence and employment unless notification is given to the community supervision officer, report monthly to the supervision office, pay all fines and costs in a timely manner. Pay a monthly supervisory fee. Perform a specified hours of community or volunteer service.  NOTE: If convicted, you will be given an Order Granting Probation. This Order will be specific and unique to your case and fully sets forth the terms and conditions of your probation which apply to you. It is the blueprint for your probation.

Additional Conditions of Probation that may be Ordered:

If your case presents unusual facts (accident, alcohol problem, prior alcohol contacts, bad driving record etc.), additional conditions may be ordered. Most conditions are designed to address a problem that appears from the facts or alcohol/drug evaluation that is performed on the subject after conviction. Again, a specific order is given after each conviction. The following list is only a general discussion of conditions that have been imposed in some DWI cases in my experience and may not apply to you.

Deep lung air device

This provision requires that you install and maintain a device on any car which you intend to drive during probation. The device requires a breath sample before it will allow your car to start. Some devices require periodic breaths while driving. This condition is sometimes recommended after an unfavorable drug/alcohol evaluation during a first-offense probation, and is almost always ordered as a condition of bond on a subsequent offense arrest.

Alcohol Treatment

Attendance at AA or other counseling programs offered through the probation department. In extreme cases outpatient programs may be ordered. This condition is recommended after an unfavorable drug/alcohol evaluation.

Consume no alcohol

Most courts require that a person not consume any alcohol during probation. This provision is monitored by periodic and random urinalysis at the probation office. Some courts will not even allow a probationer to enter a bar, tavern or lounge where alcohol is sold and consumed.


Again, in some extreme circumstances, the Court may order that a DWI offender serve confinement in the county jail as a condition of being granted probation.


If there was an accident followed by a DWI arrest, and if your insurance company has not paid damages to the other party, restitution of any unpaid amounts will be ordered by the Court as a condition of probation.

Enhanced Penalties (Prior alcohol or drug related criminal history)

Under Texas law, if it is shown that a person has been previously convicted of DWI, the punishment and penalties after conviction are increased or enhanced. The prior DWI conviction must have occurred within ten (10) years of the present arrest for DWI. Additionally, if a person has any prior DWI conviction within the previous ten year period (measured from dates of arrest), the State is then allowed to use any prior DWI conviction since obtaining a drivers license to enhance the accusation to a DWI, third offense. NOTE: Texas can use prior convictions that have occurred in other states for enhancement of punishment.

DWI, Second Offense: Class A Misdemeanor Special Condition for Jail Release on Bond:

It is important to note that if arrested and accused of a DWI Second or greater offense, Texas law now requires the Court to Order as a CONDITION OF RELEASE FROM JAIL ON BOND, that the person install and maintain a deep lung air device on the car that the person intends to drive and operate while charges are pending. The device requires a breath sample before it will allow you to start your car. They also require periodic breaths while driving to monitor and insure sobriety. New technology has made these devices “user sensitive” so that someone else cannot blow into the device for the driver.

Although this provision seems to run afoul of the presumption of innocence, Texas Courts have consistently held that such condition is necessary to protect a legitimate governmental interest in making public roadways safe for the motoring public.


A fine not to exceed $4,000.00.


Confinement in the County Jail for a term of not less than 72 hours nor more than one (1) year.

Community Service

Texas law mandates that a judge order not less than 80 hours nor more than 200 hours.

Deep lung air device

Typically deep lung devices are required for all DWI second offenders during probation.

Suspension of license

A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.

DWI, Third Offense (or greater): Third degree FELONY


A fine not to exceed $10,000.00.


Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 years nor more than ten (10) years.

Deep lung air device

Deep lung air devices are generally ordered on all persons convicted of three or more DWI’s both as conditions of bond and as conditions of any occupational or provisional licenses that may be awarded after conviction.

Community Service

Texas law mandates that a judge order not less than 160 hours nor more than 600 hours.

Suspension of license

A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.


A third conviction for DWI indicates a significant problem with alcohol to the Court or jury assessing punishment. Some type of rehabilitative treatment is therefore mandated in punishment if confinement in the penitentiary is to be avoided. In some cases an in-patient, incarceration program (Substance Abuse Felony Probation SAFP) is ordered. This program requires confinement in a State Facility for alcohol rehabilitation. After successful completion of the SAFP program, the person is then released and placed on probation for a term not to exceed ten (10) years. Another popular condition for habitual DWI offenders is a prescription for a drug named “Antabuse”. This drug will make a person violently ill if any alcohol is consumed. The alcohol can be contained in mouthwash or marinated food and will still have the same effect on the user. If a person has any type of liver problems, this drug can cause liver failure and death.

Texas law does not provide for any increased punishment after DWI, third offense. If a person presents a DWI, fourth offense or beyond, the typical punishment is confinement in the penitentiary from two (2) to ten (10) years without probation being granted. In some cases SAFP may be granted upon proper request and showing that it is appropriate.

Intoxication Assault

Third degree Felony “A person commits an offense if the person, by accident or mistake, while operating a …. motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another” {Texas Penal Code §49.07}. ” ‘Serious Bodily Injury’ means injury that creates a substantial risk of death or protracted loss or impairment of the function of any bodily member or organ”.


A fine not to exceed $10,000.00.


Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than ten (10) years.

Community Service

Texas law mandates that a judge order not less than 160 hours nor more than 600 hours.

Intoxication Manslaughter

Second Degree Felony “A person commits an offense if the person:

1) …operates a motor vehicle in a public place, and…

2) …is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.”


A fine not to exceed $10,000.00.Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than twenty (20) years.

Community Service

Texas law mandates that a judge order not less than 240 hours nor more than 800 hours.


If a person is involved in an accident where there is risk of death or death, a mandatory blood sample will be taken for analysis and use in the prosecution of either Intoxication Assault or Intoxication Manslaughter.

Administrative License Revocation (ALR) Program

What is an ALR Hearing?
Many Texas drivers who are arrested for driving while intoxicated (DWI) do not realize that a DWI arrest creates two separate cases, one civil and one criminal.

Specifically, a DWI arrest results in both a criminal charge, and usually initiates a civil proceeding against the arrested driver’s driving privileges called an Administrative License Revocation, or ALR.

An ALR suspension is initiated against an arrested driver when he either refuses to submit to breath or blood testing, or alternatively, fails a breath or blood test. The legal authority to impose an ALR suspension against a driver lies in the Texas implied consent statute.

This law states that each person who operates a motor vehicle on Texas roadways has given his or her implied consent to provide a specimen of breath or blood if arrested for DWI and provided with the applicable consequences of refusing to submit to testing.

Notice of ALR Suspension
Many police officers, after arresting a citizen, will tell the arrested driver that if he does not agree to take a breath or blood test that his license will be automatically and immediately suspended.

This is incorrect. When making an arrest for DWI, peace officers are required to take possession of any Texas license issued by this state and held by the person arrested and issue the person a temporary driving permit that expires on the 41st day after the date of issuance. Further, a request for a hearing to challenge the proposed suspension will delay any ALR sanctions until a hearing takes place.

Hearing Request Provisions
ALR suspensions are automatic unless you request a hearing to challenge the suspension, in writing, WITHIN FIFTEEN (15) DAYS after receiving notice of suspension from the arresting agency on a Department of Public Safety approved form. This document is generally received on the day of arrest.

If a hearing is not requested in a timely manner, the suspension will automatically begin on the forty-first (41st) day after notice was received. If a hearing is requested, no action will be taken regarding suspension until after the hearing has taken place, even if the hearing takes place more than forty days after the arrest.

The ALR Hearing
The burden of proof at an ALR hearing is on the Department of Public Safety. Once a driver or his attorney has made a timely request for an ALR hearing, no suspension may be imposed against the driver until the Department of Public Safety proves the following elements by a preponderance of the evidence at the hearing:

  1. That there was reasonable suspicion to stop or probable cause to arrest the driver;
  2. That probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public place while intoxicated;
  3.  That the driver was placed under arrest and was offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test; and
  4. That the driver refused to give a specimen on request of the officer, or, that the driver failed a breath or blood test by registering an alcohol concentration of .08 or greater.

Suspension Provisions for Adult Drivers
Without any prior alcohol or drug related contacts against the accused driver during the previous 10-year period, your license will be suspended for 90 days if your chemical test result is over a 0.08% or 180 days if you refuse a chemical test. If you have a prior alcohol or drug contact within ten years, your license will be suspended for one year if your chemical test is over 0.08% or 2 years if you refuse a chemical test. In certain circumstances you may be eligible for an Occupational License.

Possible Defenses for DWI Charges

In deciding which defenses could apply in your driving while intoxicated (DWI) case, Houston Drunk Driving Lawyer Charles Johnson will look at all the evidence produced by the police and interview witnesses. Some common defenses seen in DWI cases include:

Driving Observation Defenses
The prosecutor always relies (sometimes exclusively) on the arresting police officer’s testimony about how a DWI suspect was driving, including:

  • Very slow speeds
  • Uneven speeds (very fast, then very slow, for example)
  • Weaving from one side of a lane to the other
  • Crossing the center line of the highway
  • Running a red light
  • Hesitation in going through a green light

A good defense attorney will argue that there are many different explanations for these driving behaviors that don’t have anything to do with being alcohol-impaired.

Behavior Observation Defenses
An officer may also testify as to a DWI suspect’s appearance and behavior when questioned, including:

  • Slurred speech
  • Bloodshot eyes
  • Inappropriate joking or incoherent speech
  • Stumbling or not being able to walk very far
  • Pupil enlargement

Defenses to these observations that don’t have anything to do with being intoxicated may include:

  • Lack of sleep
  • Allergies
  • Contact lenses
  • Stress due to personal circumstances
  • Medications
  • Foods recently ingested
  • Nervousness over being stopped by police
  • Physical impairments
  • Field Sobriety Test Defenses

When an officer suspects you may be too intoxicated to drive, he or she will likely ask you to perform what are called “field sobriety tests.” These tests are designed to assess your physical and mental alertness, and can include:

  • Walking a straight line
  • Walking backwards
  • Reciting the alphabet, frontwards or backwards
  • Standing on one leg
  • Officers also sometimes rely on what’s called a “nystagmus” test, in which the suspect is asked to shift eye gaze from one side to the other while the officer shines a light in his or her eyes. The theory is that the gaze of someone who is impaired by alcohol or drugs will be jerky rather than smooth.

The defenses to field sobriety tests are often the same as with officer observations. Medications and lack of sleep can make it considerably more difficult to perform these tests. Many people also have physical impairments caused by injuries – or simply aging -that make it impossible to perform these tasks under ideal conditions.

The Best Houston Lawyer will cross-examine the arresting officer in detail as to whether the officer asked you if you had physical impairments or there were particular circumstances that would make it difficult to perform the tests. He may also point out to the jury that many jury members may have similar difficulties performing the tests, such as by asking the jury if they could recite the alphabet backwards under the best of circumstances.

Blood Alcohol Content Defenses
When you consume alcoholic drinks, the alcohol is absorbed into your blood stream. The level of alcohol in your blood, called the Blood Alcohol Content (“BAC”) can be measured by different tests. In all states, you’re presumed to be drunk and unable to safely operate a vehicle if your BAC is .08 or greater. This measurement means that your blood contains eight/ one-hundredths percent of alcohol.

All states have lowered the BAC level defining intoxication to .08, and have “zero tolerance” laws that make it illegal for people under 21 to operate a vehicle with little or no amount of alcohol in their blood.

Many states also have more severe DWI or DUI penalties for driving with a high BAC, which is often defined as a level measuring more than .15 to .20.

Your BAC can be determined from a blood draw, which is often automatically taken if you are involved in an accident and there is a suspicion that you may have been drinking. Your blood will also be drawn if you are taken to the hospital because the police are concerned that you may have had so much to drink that you are in danger of alcohol poisoning and should be hospitalized for observation and/or treatment.

Most DWI suspects have their blood tested by blowing into a breath testing device. These devices can be faulty and not well-maintained or properly calibrated. They can register false results based on your consumption of food and other non-harmful substances other than alcohol or drugs.

The Best Houston DWI Lawyer will likely subpoena police records on how the breath testing machine operates and was maintained and calibrated. He may also want to bring in expert testimony that the particular breath testing machine the officer used is notorious for malfunctioning.

Depending on the jurisdiction, another defense to breath testing machines arises when the physical breath tests aren’t preserved as evidence, allowing for independent testing later. Your attorney can argue that there’s no way to know if the machine that was used was accurate, if your breath samples can’t be independently tested.

Many of the defenses against DWI charges require a lawyer’s expertise and experience. If you have been arrested for a DWI offense in Texas, do not try to handle the legal situation yourself. Contact the experienced and respected Texas DWI defense attorneys at the Charles Johnson Law Firm right away to make sure that your rights are protected.

We can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

Arrested for DWI in the Houston Area? Houston DWI Lawyer Charles Johnson
by Charles Johnson

Houston Lawyer: Arrested For Child Pornography?

Top Houston Criminal Defense Lawyer

Houston Lawyer Charles Johnson aggressively defends clients charged with a sexual offense. He handles all sexual offense charges, whether in state or federal court, and whether the sex crime allegations are against children or adults.

Parties in contentious divorce or custody proceedings have been known to encourage children to say the other parent “touched” them a certain way or otherwise imply molestation. Child care workers, pastors, teachers, coaches, and others are frequently falsely accused. Parents have even been known to target individuals for extortion by coaching children. They may be coached by well-meaning social service and health care professionals, law enforcement officers, and prosecuting attorneys who want to make sure they obtain a conviction regardless of the truth.

Allegations of sex crimes are taken very seriously in Texas, and across the nation. With more stringent penalties being imposed, a false claim unchallenged or a single error in judgment can require you to be a lifelong member of the sex offenders’ registry and database. Before your reputation is devastated, invoke your right to an attorney and your right to remain silent. Contact Houston Criminal Lawyer Charles Johnson for a free phone consultation when you are under investigation for sex crimes or if charges have been brought against you for anything from possession and distribution of child pornography to sexual assault and rape.

How is Child Pornography Defined?

Federal and state laws make it a crime to produce, possess, distribute, or sell pornographic materials that exploit or portray a minor. Increasingly, child pornography laws are being utilized to punish use of computer technology and the Internet to obtain, share, and distribute pornographic material involving children, including images and films.

Under federal law (18 U.S.C. §2256), child pornography is defined as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where

  • the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; or
  • the visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
  • the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.Federal law (18 U.S.C. §1466A) also criminalizes knowingly producing, distributing, receiving, or possessing with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture or painting, that
  • depicts a minor engaging in sexually explicit conduct and is obscene, or
  • depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex and such depiction lacks serious literary, artistic, political, or scientific value.

Sexually explicit conduct is defined under federal law (18 U.S.C. §2256) as actual or simulated sexual intercourse (including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex), bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the genitals or pubic area of any person.

Who Is a Minor?

For purposes of enforcing the federal law (18 U.S.C. §2256), “minor” is defined as a person under the age of 18.

Is Child Pornography a Crime?

Yes, it is a federal crime to knowingly possess, manufacture, distribute, or access with intent to view child pornography (18 U.S.C. §2252). In addition, all 50 states and the District of Columbia have laws criminalizing the possession, manufacture, and distribution of child pornography. As a result, a person who violates these laws may face federal and/or state charges.

Where Is Child Pornography Predominantly Found?

Child pornography exists in multiple formats including print media, videotape, film, CD-ROM, or DVD. It is transmitted on various platforms within the Internet including newsgroups, Internet Relay Chat (chatrooms), Instant Message, File Transfer Protocol, e-mail, websites, and peer-to-peer technology.

What Motivates People Who Possess Child Pornography?

Limited research about the motivations of people who possess child pornography suggests that child pornography possessors are a diverse group, including people who are

  • sexually interested in prepubescent children or young adolescents, who use child pornography for sexual fantasy and gratification
  • sexually “indiscriminate,” meaning they are constantly looking for new and different sexual stimuli
  • sexually curious, downloading a few images to satisfy that curiosity
  • interested in profiting financially by selling images or setting up web sites requiring payment for access

Who Possesses Child Pornography?

It is difficult to describe a “typical” child pornography possessor because there is not just one type of person who commits this crime.

In a study of 1,713 people arrested for the possession of child pornography in a 1-year period, the possessors ran the gamut in terms of income, education level, marital status, and age. Virtually all of those who were arrested were men, 91% were white, and most were unmarried at the time of their crime, either because they had never married (41%) or because they were separated, divorced, or widowed (21%).3

Forty percent (40%) of those arrested were “dual offenders,” who sexually victimized children and possessed child pornography, with both crimes discovered in the same investigation. An additional 15% were dual offenders who attempted to sexually victimize children by soliciting undercover investigators who posed online as minors.4

Who Produces Child Pornography?

Based on information provided by law enforcement to the National Center for Missing & Exploited Children’s Child Victim Identification Program, more than half of the child victims were abused by someone who had legitimate access to them such as parents, other relatives, neighborhood/family friends, babysitters, and coaches.

What is the Nature of These Images?

The content in these illegal images varies from exposure of genitalia to graphic sexual abuse, such as penetration by objects, anal penetration, and bestiality.

Of the child pornography victims identified by law enforcement, 42% appear to be pubescent, 52% appear to be prepubescent, and 6% appear to be infants or toddlers.

Possible Punishment for Sexual Exploitation of a Minor/Child Pornography

If the photographs include children who are fourteen (14) years of age or younger, it is a Dangerous Crimes Against Children (DCAC) and carries a very severe penalty. A first offense carries the following punishment for each and every conviction: ten (10) years minimum in prison; seventeen (17) years presumptive in prison; twenty-four (24) years maximum incarceration.

If convicted of one previous predicate felony (which includes a prior DCAC, among other serious felonies), the range of punishment increases to a minimum twenty-one (21) years, presumptive twenty-eight years (28), and maximum thirty-five (35) years. Because this is a DCAC, 100% of the prison time must be served before being eligible for release. In addition, if the person is convicted of two (2) counts, they must be run consecutive to each other (i.e., the minimum is now twenty (20) years in prison, and all other ranges double). This is why these charges are sometimes referred to as “life enders”.

The maximum penalty on a Sexual Exploitation charge actually carries more time than the maximum penalty on a Second Degree Murder charge. A conviction will require you to register as a Sex Offender for the rest of your life, and you are not allowed to have any contact with anyone under the age of eighteen (18) (this includes your own children), without going through numerous testing procedures and only with the consent of your Probation Officer.

If the child was ages fifteen – seventeen (15-17), it is not sentenced pursuant to the DCAC statute. A first offense class two (2) felony, carries punishment of probation with zero (0) days in jail up to one (1) year in jail, or prison of three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is ten and one half (10.5) to thirty-five (35) years of incarceration.

Possible Defenses for Sexual Exploitation of a Minor/Child Pornography

The critical defenses to Child Porn charges involve showing that the person did not “knowingly” possess, receive, or do any of the listed actions with the images. One way of asserting this defense is by presenting evidence that the defendant was not the person who accessed the images. If it can be shown that there were multiple users who had access to the computer, and who did in fact use the computer often, then it is much more difficult for the State to prove the defendant actually accessed the images, rather than some other person. This defense is especially appropriate when the defendant lacks any other sexual crime convictions. In order to assert this defense, we need to present a variety of our own evidence to contradict whatever has been presented by the prosecution. Typically, the State would normally have executed a search warrant and confiscated the computer involved, then searched for the “IP address” and passwords that were used to trace the activates to a particular time, date, and user. Before they do any of this they will have “cloned” the hard drive in order to avoid any accusations that they have somehow tampered with the computer by adding images.

Another typical defense is that the defendant inadvertently came across the images on his computer, and thus it was not a “knowing” exchange. It is an affirmative defense to Child Pornography charges if a person timely reports that they have received unsolicited images on their computer. Usually, reporting within three (3) days of discovering the child pornography is considered to be “timely reporting.”

At the Charles Johnson Law Firm, we handle a very high percentage of “Sex Crimes” cases. We have one of the largest libraries with research materials devoted to challenging accusations involving sex crimes. Registering as Sex Offender has drastic consequences and leaves a black mark on your record; do not underestimate the potential severity of this charge.

Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Texas, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements.

In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what else you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; computer analysis/cloning hard drive procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled lawyer to defend you who has knowledge of all the possible defenses to assert in your case.

Do Not Make Statements. Obviously, the best defense begins before a defendant is ever charged. Often, in a misguided attempt to help law enforcement, defendants make statements that are twisted and turned into prosecutorial evidence. It is important to remember not to allow yourself be interviewed government agencies without an attorney present.

Any interview will be sent to the police and the county attorney’s office and can be used against you. An obvious corollary is do not let yourself be interviewed again by the police without your attorney present.

Computerized Evidence. Internet child pornography is a growing offense across the nation. Often files can be downloaded to a computer without the user knowing the content of the download. In such cases the electronic file will often include tell tale electronic evidence about the file, where it came from and its date of download. Using this evidence or challenging law enforcement’s sloppy investigation and acquisition of potentially exculpatory information is the best way for a defense lawyer to prove actual innocence.

Examine Prosecution Expert’s Background. An important part of every case is the ability to counter the reports and testimony of computer professionals, caseworkers and “experts” who examine pornographic evidence. To effectively counter a prosecution expert, the defense attorney must be well educated on the expert’s education, work history, published works and testimony in prior cases.

Use a Polygraph. When it is advantageous to the defense against a sexual assault, defense attorneys should obtain a credible polygraph examination from a respected professionals.

Texas Sex Offender Registration

In addition to the prison terms and fines one can face when convicted of any of these offenses, you may be required to register as a sex offender. This means you will be tracked for the rest of your life.

Knowing where to turn when facing charges as dark as these can be difficult. You have likely already seen people turn their backs on you because of the charges and you haven’t even gone to trial. You need someone in your corner fighting for your good name.

You are innocent until proven guilty. With my help we will see to it that you get the best possible results on your day in court.

Houston Child Pornography Defense Lawyer: The Charles Johnson Law Firm

Attorney Charles Johnson defends against sexual assault allegations throughout Texas, no matter how small or large the city. He has developed a unique understanding of the dynamics of these very serious cases. His competent, aggressive and thorough representation has made him a leading criminal defense attorney in dealing with sex and pornography related criminal charges.

Defending in these areas is a very specialized area of criminal defense. Unfortunately, the very accusations themselves are often treated as conclusive proof of criminal activity. If Houston Lawyer Charles Johnson is retained at an early stage in the investigation, he is sometimes able to avoid charges altogether. At a minimum he is often able to avoid the trauma and embarrassment of his client being arrested at home or at the workplace by contacting law enforcement and the court in order to make the necessary arrangements.

Depending on the facts of your case and the evidence against you, Houston Child Pornography Lawyer Charles Johnson will work to help you beat a false accusation or try to lessen the punishment. We understand your freedom is at stake and that a conviction of possession of child pornography may result in lifetime registration as a sex offender. To protect your rights and liberty, we conduct thorough investigations to prepare for trial or to minimize the consequences or sentence.

Houston Criminal Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

Arrested For Child Pornography? The Leading Houston Sex Crimes Lawyer Offers a Powerful Defense

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Houston Lawyer » Can’t Locate Employment Due To A Criminal History?

Finest Houston Criminal Defense Lawyer

In the event you have been found guilty of a criminal offense, you might wonder if you will be able to find job opportunities. Employers have become increasingly interested in finding out whether or not applicants have criminal records. Part of the concern stems from recent jury decisions which have been rendered against employers for negligently employing individuals with criminal backgrounds who consequently caused problems for other people whilst at work. An additional concern for employers concerns whether or not they’ll need to divulge the criminal conviction. For instance, in cases where a business is attempting to raise capital, it might need to create particular disclosures to a bank. Will the business need to reveal that an employee has a criminal conviction for money laundering or embezzlement?

The laws about which criminal history records an employer should or might access, what an employer might ask a would-be employee and what the job applicant should reveal vary widely among states. In the event you have a criminal history and are searching for a job, it’s in your greatest interest to contact the Best Houston Lawyer at the Charles Johnson Law Firm to ensure that you go into the employment search completely informed of your legal rights.

Contradictory Public Policies

On the one hand, the public would like to reintegrate into society individuals with criminal histories, rehabilitated and productively employed. A routine schedule and normal income reduce the likelihood that an individual will reoffend, however an individual with a criminal history might encounter prejudice within the job application process. However, it’s essential to safeguard the public from contact with past offenders who might have propensities to re-commit. For instance, convicted sex offenders must not work with kids or vulnerable adults.

Just How Much to Reveal

Based on the state guidelines, an applicant might not need to reveal potentially detrimental info, like arrests not leading to convictions or convictions for minor matters. A few states have procedures to judicially “erase” a criminal history. Houston Criminal Attorney Charles Johnson can certainly help figure out whether or not you might be eligible to have a conviction sealed, expunged or legally minimized.

Suggestions for Employment Re-entry

  • Be truthful. Employers are interested in workers they are able to trust, and nearly all of the information on a job application may be checked and verified. Even if it might close the door to particular positions, revealing the truth will be the greatest method to receive a job that the applicant can retain over the long haul. Keep in mind, in many states not all convictions need to be revealed nor can would-be employers ask for particular info.
  • Begin the job search with loved ones, pals and acquaintances that might be more likely to take a chance on employing somebody they are familiar with, in spite of a criminal background.
  • Don’t anticipate the very first job following a conviction to be your perfect job. It’s much more essential to get started somewhere and produce a track record, because employers realize that a great indicator of future job performance is prior job performance. Think about temporary or entry-level positions to develop your résumé.
  • Recognize where the employer is coming from. It must balance its legal and ethical obligations to you, to it’s workers and towards the public.
  • Investigate career services. A good number of states have public agencies that administer programs to assist individuals with discovering their perfect career, and some were created specifically for those with criminal histories.
  • Stay away from alcohol & drug use. Many employers call for employee drug testing.
  • Think about the nature of your earlier criminal offense. Apply for jobs where that type of criminal offense is much less likely to be an matter of concern.
  • Hire the Finest Houston Lawyer. Don’t take any chances.

    Completing a jail term or paying a fine may be just part of the cost of a criminal conviction. The conviction may also impact post-conviction occupation opportunities. However, there are employers that would like to give those with criminal records a chance in a suitable environment. Just one job – any type of job – may be the very first step toward rebuilding a career and a new life. Houston Lawyer Charles Johnson can advise you about numerous choices and provide suggestions on preparing for the future.

    Houston Criminal Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week.
    Call us at 713-222-7577 or toll free at 877-308-0100.
    Major Credit Cards Accepted.

Houston Lawyer: Arrested For Drug Possession? Here’s The Guidance You Need

Drug possession is a typical criminal charge that’s faced by a number of Houstonians. Innocent bystanders are occasionally charged with this crime, folks who had been merely “in the wrong place at the wrong time” and are today in severe legal trouble.  Seek the help of The Houston Lawyer Charles Johnson to learn more about what you can do to assert your rights.

Most Qualified Houston Lawyer

Drug possession criminal charges can easily differ significantly, dependant upon the quantity of the drug you’re charged with possessing. Even a minute quantity of illegal drugs can easily come with severe consequences and the fees and penalties just get much more serious as the quantity increases. Try to remember to think long term; you would like the criminal case handled correctly right now to ensure that it will be considered a speed bump rather than a road block in your life. Houston Lawyer Charles Johnson is going to be devoted to that type of defense.

Laws regarding Drug Possession frequently prosecute drug offenders in very much the equivalent manner they prosecute various other felony offenders. Approximately 90 % of all the drug possession cases don’t make it to trial. The majority of the offenders will plead guilty to drug possession violations. A basic drug possession conviction in Texas might lead to community service, probation, drivers license sanctions, court-ordered drug rehab, county jail time and fines.

Several police forces obtain restitution for their expenses in connection with the criminal arrest and prosecution. Even though the harshness of the penalties may differ with the criminal offense, a good number of drug criminal charges in Texas have serious consequences of some sort. This is often particularly accurate when the charged offense entails weapons in “protected zones” (like educational facilities and recreational areas), adolescents, or perhaps a past drug conviction. Criminal defendants looking to steer clear of prison or jail will want to get in touch with an experienced drug defense lawyer early on in their case.  The Charles Johnson Law Firm Criminal Defense philosophy involves intense preparation, investigation that is on par with, and in many cases, better than the authorities and an aggressive posture when advocating our client’s position.

Drug Possession Laws are frequently more severe for possession of drugs which have a higher propensity to trigger misuse, dependency, physical injury, and loss of life. Laws regarding Drug Possession also make it a criminal offense to possess any sort of precursors to drug production or drug distribution. Possession of paraphernalia, or drug accessories, is also unlawful according to laws regarding drug possession.

Laws regarding Drug Possession are also more severe in instances when an offender was caught with a significant amount of a given substance. Frequently Prosecutors will charge these offenders with “drug possession with intent to distribute”. In these instances, an offender might have to deal with an enhanced sentence with stricter penalties. Drug possessions laws also prosecute multiple offenders considerably tougher than those that are first time offenders.

Best Houston Drug Possession Defense: The Houston Lawyer Charles Johnson

Don’t risk a potentially life-ending conclusion to your case. Get in touch with Houston Lawyer Charles Johnson now. In drug possession defense criminal cases, Attorney Johnson will work to prevent the case from becoming charged as drug distribution, that carries a lot more severe penalties. This individual will conduct a thorough investigation into law enforcement procedures, looking for evidence of constitutional misconduct which will permit him to file motions to dismiss particular evidence. He will also present virtually all helpful background info about his client to the court, to be able to persuade the court that the client isn’t a distributor. If dismissal of the criminal charges isn’t feasible, he will argue for alternative sentencing choices, including enrollment in a drug therapy program and/or perhaps community service.

The laws regarding drug possession have received significant scrutiny for numerous years. The latest trend is to really encourage rehab choices for non-violent drug offenders. Countless numbers of drug courts have been established to offer long-term counseling, sanctions, benefits, along with other programs to participants. Completion of these programs frequently results in a lessened or even dismissed criminal sentence. These types of programs are appearing to be much more cost effective and more successful than the mandatory minimum laws regarding drug possession. For additional details on laws regarding drug possession, get in touch with Houston Lawyer Charles Johnson.  He will be able to help you get your life back on track.

Houston Lawyer » Do You Need A Criminal Appeal?

Leading Houston Lawyer for your Criminal Appeal

What is a Criminal Appeal?

A Criminal Appeal is known as the request from any party in the lower court proceeding to the higher (appellate) court requesting the appellate court to examine and alter the decision of the lower court. If the defendant in the criminal court case is found guilty of a charge or charges, this defendant will have the legal right to appeal that conviction or the penalties or sentencing. It’s common for defendants who have been found guilty to appeal his / her convictions.

Top Houston Criminal Appeal Lawyer: The Charles Johnson Law Firm

The defendant in the criminal trial can appeal right after the individual is found guilty at trial. The truth is, it’s very typical for defendants who have been found guilty to appeal their convictions and/or sentencing. Typically only the defendant in the criminal trial can appeal. The prosecutor cannot appeal if the defendant is acquitted (found “not guilty”) at trial. A prosecutor cannot place the same defendant on trial for the very same charge with the exact same evidence. This sort of retrial is referred to as “double jeopardy.” Double jeopardy is specifically disallowed under the 5th Amendment of the US Constitution. Nevertheless, prior to or during the criminal court trial, the prosecutor might be able to appeal specific rulings, for instance when a judge has ordered that some evidence be “suppressed”. Appeals that occur in the course of a trial are known as interlocutory appeals. Typically, appeals can be quite complex; the appellate court has a tendency to implement technical rules for carrying on with a criminal appeal.

In criminal court cases, the federal court can review a conviction once all of the ordinary appeals have been completely utilized. A defendant who has been found guilty can request one such review in the petition for the writ of habeas corpus , Latin for “you have the body.” Merely a small number of these types of petitions are generally granted. In death penalty legal cases, these types of proceedings have grown extremely controversial. Since the judicial or prosecutor’s error in the death penalty case has such severe penalties, courts evaluate petitions for writs of habeas corpus cautiously.

The procedures of appellate courts encompass the guidelines and procedures through which appellate courts evaluate trial court decisions. The Federal appellate legal courts observe the Federal Rules regarding Appellate Procedure. The State appellate courts adhere to their unique state rules involving appellate procedure. Both in state as well as federal jurisdictions, appeals are normally limited to “final judgments.” There can be exceptions to the “final judgment rule,” such as cases of basic or serious error because of the trial court, questions involving subject-matter jurisdiction of a trial court, or constitutional concerns.

The issues under evaluation in appellate court focuses on written briefs offered the parties. Such complex documents describe the concerns for the appellate court and outline the legal authorities and justifications supporting each individual party’s position. The majority of appellate courts don’t hear oral arguments unless there’s a specific request from the parties. Few jurisdictions permit oral argument as a matter of course. Where it’s permitted, oral argument is supposed to describe legal issues offered in the briefs and attorneys tend to be constrained to keep their oral presentations stringently for the issues on appeal. Typically, oral arguments are subject to a rigorously enforced time frame. This time restriction may be expanded solely upon the discernment from the court.

Where are Appeals Filed?

Generally, people can only file an appeal using the next higher court within the same system that the case begun. For instance, in the event that individuals wish to file any appeal from a decision in the state trial court, usually they could file their appeals just to the state intermediate appellate court. A party who loses at appeal can next appeal to the subsequent higher court within the system, normally the state supreme court. The state’s highest court is virtually always the last word on issues regarding that state’s law.

How Much Does a Criminal Appeal Cost?

To tell the truth, numerous appeals are often very inexpensive. If your appeal is centered on a single plainly defined issue of law, and all parties have organized strong briefs, could cost very little to appeal. However, appeals which include statements that the judgement had been contrary to the weight of the evidence generally will need both the printing of the entire trial history and intensive examination as well as briefing. These kinds of appeals are fairly expensive as they possibly require considerable amounts of attorneys’ time. Furthermore, they often times end up being significantly less successful.

Houston Criminal Appeal Lawyer: The Charles Johnson Law Firm

Managing the criminal appeal process is tough and time-consuming. Houston Lawyer Charles Johnson will help you prepare your strategy. Contact us now for a no cost preliminary consultation.

Houston Attorney » Charged With DWI? Learn How to Beat It.

Houston Lawyer Charles Johnson

When the police suspect an individual has been driving under the influence, they will ask him/her to perform a series of standard tests, also named field sobriety tests. Field sobriety tests help law enforcement determine a driver’s level of intoxication by challenging his or her physical and mental coordination and capacity to follow instructions. They are also used to establish a probable cause for arrest.

If you are pulled over for suspected DWI, be polite to the officer. On the other hand , do not respond to any questions about what you have had to drink or when.

Politely refuse to undergo field sobriety testing, as this is not mandatory and you cannot be penalized for a refusal of this kind.

The three standardized field sobriety tests used by Houston police officers are:

The Horizontal Gaze Nystagmus (HGN): HGN refers to the involuntary jerking of the eyeball. When an individual is intoxicated, it is believed that his/her eyes are more likely to twitch. Through the HGN test, the police officer will hold an object in front of the driver and ask him/her to follow the object with his or her eyes. If the driver cannot follow the object, or if his/her eyes start twitching, then it is taken as a sign of intoxication. (Even so, it is very important to note that Nystagmus is medical and physiological condition that’s common in a large amount of individuals, even though they are sober)

The One-Leg Test: the driver stands on one foot and raises the other leg six inches off the ground when counting out loud. The driver is expected to stand on one foot without raising his/her arms, losing balance, wobbling, hopping around, or putting the lifted leg down.

The Walk and Turn Test: the driver takes nine steps in a straight line touching heel to toe, stops, and then repeats the action in the other direction

In addition to these DWI tests, law enforcement officers may possibly require drivers to perform additional tests, including:

  • Finger to nose test
  • Reciting the alphabet
  • Counting backwards
  • Balancing tests

Hire the Best Houston DWI Lawyer!

If you did perform a field sobriety test and were arrested, it is important to get in touch with the Most Effective Houston Lawyer as soon as possible. Most law enforcement officers have already decided to arrest you at this point, and are at this point simply looking for more evidence to use against you in court. Many attorneys believe field sobriety tests are inaccurate, subjective, and designed for failure. There are many factors that can cause folks to appear intoxicated, most notably nervousness, age, lack of natural coordination, lack of proper instruction, weather, fatigue, illness, physical problems, disabilities, injuries, car headlights, weight, footwear, intimidation, and traffic distractions.

Other important advice:

After your criminal arrest, you have the right to remain silent. You do not need to answer questions or submit to formal questioning about the case. Although you should cooperate and be polite, you do not need to respond to questions about how much you have had to drink and when. Exercise this right, and you will have a much better potential for avoiding a conviction.

You also have the right to legal counsel. This is a constitutional right that should be observed in order to provide defendants in criminal cases the opportunity to establish their innocence. By consulting a Houston DWI criminal defense lawyer as soon as possible subsequent to a DWI arrest, you will provide him or her a better chance of making a positive impact on your case.

If you are arrested, be sure that you speak to the Texas DPS as soon as possible. You have only Fifteen calendar days to schedule an ALR (Administrative License Revocation) hearing regarding your license suspension. Failing to schedule this hearing will lead to the automatic suspension of your license.

Most importantly, contact the Recommended Houston Criminal Defense Lawyer as soon as you can. Having a competent lawyer at your side as early in the process as possible will mean that your rights will probably be safeguarded and you will have the very best opportunity of avoiding license suspension and a conviction.

Houston DWI Defense: The Most Dedicated Houston DWI Attorney

If you have been arrested and charged for DWI, and you performed one or more field sobriety test, it is vital to hire an expert Houston DWI lawyer to investigate your case and represent you in the courtroom. The Top Houston DWI Attorney will use their expertise to fight the charges brought against their clients and protect their rights. They will question the arresting officer’s ability to properly conduct a field sobriety test, and make sure the police officer did not violate their clients’ rights in the course of the arrest. Furthermore, they will be dedicated to providing each client with personalized attention, viable alternatives, and aggressive DWI defense. They will not stop working until they acquire a favorable result, and see that justice has been served.

Houston Lawyer » Ways To Improve Your Odds Of Avoiding a DWI Conviction

Houston Lawyer Charles Johnson

Hire the Finest Houston DWI Lawyer!

There are a few essential things it is best to realize in the event you are facing DWI criminal charges in or around Houston, Texas. The Leading Houston Lawyer will undoubtedly be happy to answer your questions about DWI and provide you essential case tips when you speak to them for a free of charge preliminary case evaluation.

Case Tips Regarding your Houston DWI

  • If you happen to be stopped for suspected DWI, always be polite to the officer. However, do not answer any questions about what you have had to drink or when.
  • Politely refuse to submit to field sobriety testing, as this is not mandatory and you cannot be penalized for a refusal of this kind.
  • If you are arrested, be sure that you speak to the Texas DPS as soon as possible. You’ll have only Fifteen calendar days to schedule an ALR (Administrative License Revocation) hearing regarding your license suspension. Failing to schedule this hearing will bring about the automatic suspension of your license.
  • After your arrest, you have the right to remain silent. You do not have to respond to questions or undergo formal questioning regarding the case. While it is best to cooperate and be polite, you do not have to respond to questions regarding how much you have had to drink and when. Exercise this right, and you will have a far greater chance of avoiding a conviction.
  • You also have the right to legal counsel. This is a constitutional right that has to be observed in order to provide defendants in criminal cases the chance to prove their innocence. By turning to a Houston DWI lawyer as soon as possible following a DWI arrest, you will give your attorney an improved chance of making a positive impact on your case.
  • Most importantly, contact the Leading Houston DWI Attorney as soon as you can. Having a skilled attorney at your side as early in the process as possible means that your rights will undoubtedly be defended and you will have the very best opportunity of avoiding license suspension and a conviction.

Hire the Finest Houston Lawyer!

Experienced Attorney Charles Johnson of the Charles Johnson Law Firm can fight for your legal rights both during your ALR hearing and also throughout the entire criminal court process.

The Most Qualified Houston Criminal Defense Lawyer has represented many clients who were dealing with DWI convictions and harsh legal penalties. With their guidance, clients have been able to battle their driving while intoxicated charges and obtain effective outcomes in court and at their Texas DPS ALR hearings. Dedicated Houston Criminal Attorney Charles Johnson is an aggressive, qualified litigator who is prepared to assist you. Call him today and he will help you get your life straightened out.

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