Dallas Criminal Defense Lawyer Blog

August 30, 2023

Assault Charges in Kaufman County

Assault charges in Kaufman County can have life-altering consequences, including damage to your reputation, a criminal record, and potential imprisonment. If you or a loved one is facing assault charges, it is crucial to understand the severity of the situation and seek the expertise of a reputable Kaufman County criminal defense attorney at the law firm of Guest & Gray.

At Guest & Gray, we understand that having pending charges hang over your head can feel overwhelming, which is why we want you to have as much information about the charges you face as possible. Read on to learn about the different types of assault charges, the potential consequences, and the importance of having strong legal representation.

Types of Assault Charges

Assault charges encompass a wide range of offenses, from simple assault to aggravated assault to sexual assault. Simple assault typically involves causing physical harm or the reasonable fear of bodily harm to another person. Aggravated assault, on the other hand, involves more serious factors such as the use of a deadly weapon or causing serious bodily injury. The penalties for assault charges vary depending on the specific circumstances of the case, the severity of the injuries, and any prior criminal record.

August 30, 2023

What You Need to Know About Theft Charges in Kaufman County

by Robert Guest

Theft charges in Kaufman County can have significant consequences, including criminal penalties, fines, and damage to your reputation. If you are facing theft charges, it is essential that you understand the potential legal implications of your arrest and seek the guidance of a knowledgeable criminal defense attorney.

At Guest & Gray, we want our clients to understand everything there is to know about the charges against them because we find that provides much-needed peace of mind. So, read on to learn more about the different types of theft charges, potential penalties if you are convicted, and the importance of having an aggressive Kaufman County criminal defense attorney by your side at every step of the way.

Types of Theft Charges

Theft charges encompass a broad range of offenses, including shoplifting, burglary, robbery, and embezzlement. Shoplifting involves stealing merchandise from a store, while burglary refers to unlawfully entering a building with the intent to commit a theft or felony. Robbery involves taking property from another person by force or threat. Embezzlement occurs when someone misappropriates funds entrusted to them by an employer or organization. The penalties for theft charges depend on the specific offense, the value of the stolen property, and the presence of aggravating factors.

August 25, 2023

What Is the Best Defense to a Rockwall DUI Charge?

by Robert Guest

If you have been charged with a DUI (Driving Under the Influence) offense in Rockwall, Texas, it is crucial to understand the potential consequences and what defense strategies may be available to you. A DUI conviction can have a major impact on your life, including a driver’s license suspension, fines, increased insurance rates, and even jail time.

At Guest & Gray, our Rockwall DUI defense lawyers have extensive experience handling DUI cases. In this post, we discuss three of the most common DUI defense strategies we regularly use to help protect our clients’ rights and achieve the best possible outcome in each case we handle.

Challenging the Traffic Stop

One common defense strategy for DUI charges is to challenge the legality of the traffic stop. The Fourth Amendment protects individuals from unreasonable searches and seizures. If the police officer lacked reasonable suspicion or probable cause to initiate the traffic stop, any evidence obtained during the stop may be suppressed. Your defense lawyer will carefully examine the circumstances surrounding the stop, including the officer’s observations, traffic violations, and adherence to proper protocols. If any constitutional violations occurred, they can challenge the legality of the stop, potentially leading to a dismissal of the charges.

August 20, 2023

The Importance of Procedural Defenses in Rockwall, Texas DUI Cases

by Robert Guest

When facing DUI (Driving Under the Influence) charges in Rockwall, Texas, it is crucial to understand the importance of procedural compliance. DUI cases involve complex legal and scientific aspects, and law enforcement officers must follow strict procedures to gather evidence and make arrests. If they don’t certain evidence—like breathalyzer or blood-test results—may not be admissible at trial.

As experienced Rockwall DWI defense attorneys, we want our clients to understand every possible defense that might apply to their case. So, in this blog post, we are exploring how to use procedural defenses to fight DUI cases.

Protecting Your Constitutional Rights

The U.S. Constitution protects individuals from unreasonable searches and seizures under the Fourth Amendment. This protection extends to DUI cases, where law enforcement officers must have reasonable suspicion or probable cause to stop a vehicle and conduct investigations. A skilled defense attorney will examine the circumstances surrounding your traffic stop and arrest to ensure that your rights were not violated. If any constitutional violations occurred, they can file motions to suppress evidence, potentially leading to a dismissal of the charges.

August 15, 2023

Exploring Alternative DUI Defense Strategies in Rockwall, Texas

by Robert Guest

When facing DUI or DWI charges in Rockwall, there are various defense strategies beyond challenging the evidence or procedural compliance. These alternative defense strategies focus on highlighting mitigating factors, exploring diversion programs, or negotiating plea agreements to achieve a favorable outcome. In this blog post, we will explore three alternative DUI defense strategies that a skilled Rockwall criminal defense lawyer can employ to protect your rights and minimize the impact of the charges.

Mitigating Factors

A strong defense strategy involves highlighting any mitigating factors that may exist in your case. For example, if it was your first offense, you have a history of responsible driving, or there were exceptional circumstances surrounding the incident, your defense attorney can present these factors to the prosecution and the court. Demonstrating that the offense was an isolated incident or out of character can help negotiate a reduced charge or a more lenient sentence.

Diversion Programs

In some DUI cases, especially for first-time offenders, participating in a diversion program may be an option. Diversion programs aim to rehabilitate offenders rather than impose strict penalties. These programs typically involve counseling, educational classes, community service, and regular check-ins. Successfully completing a diversion program can result in the dismissal of the charges or a reduction in penalties. An experienced Rockwall criminal defense lawyer at Guest & Gray can assess your eligibility for diversion programs and guide you through the process.

August 13, 2023

Find the Best Collin County Domestic Violence Lawyer for Your Case

by Robert Guest

Domestic violence charges are a serious matter that require legal representation from a qualified and experienced lawyer. If you are facing domestic violence charges in Collin County, it is crucial that you find the right lawyer to represent your case. This article will guide you through the process of understanding domestic violence charges, the types of offenses, Collin County laws and penalties, protective orders, and ultimately choosing the best lawyer for your case.

Understanding Domestic Violence Charges in Collin County

Domestic violence charges refer to any physical assault, threats, or emotional abuse between individuals who are in an intimate relationship or family members. These charges are taken very seriously by the legal system and can have long-lasting effects on your personal and professional life. Domestic violence can be a traumatic and painful experience for both the victim and the accused. It is important to understand the legal process and your rights when facing domestic violence charges in Collin County.

Types of Domestic Violence Offenses

Domestic violence offenses can range from misdemeanor charges to felony charges depending on the severity of the offense. Misdemeanor charges may include simple assault or verbal threats, while felony charges may include aggravated assault or battery. Domestic violence charges can also include sexual assault, stalking, and harassment. It is important to have a clear understanding of the specific charges you are facing and the potential consequences of each charge.

August 11, 2023

How Sentencing Enhancements Can Substantially Augment Texas Felony Convictions

by Robert Guest

A Texas criminal trial involves more than the simple question of whether a defendant committed a crime. In many cases, the most important aspect of the trial is sentencing. Defendants can n be sentenced to extremely variable sentences based on a variety of factors applied in the Texas justice system. In considering a sentence, courts may consider a defendant’s acceptance of responsibility and remorse, or lack thereof. Additionally, courts will consider a defendant’s risk of recidivism and any danger the defendant may cause to society.

The sentences for some crimes can be enhanced based on a defendant’s criminal record, often leading to years, or even decades longer sentences for different defendants convicted of the same crime. A Texas appellate court recently affirmed the application of a sentencing enhancement for a man convicted of aggravated robbery and sentenced to 40 years in prison.

According to the facts discussed in the recently-published appellate opinion, the defendant from the recently decided case was arrested and charged with aggravated robbery after he was caught by a neighbor breaking into the victim’s car. The neighbor confronted the defendant, and a fight ensued, with the defendant ultimately shooting the neighbor in the leg. The defendant pleaded not guilty to the charges against him and took the case before a jury. The jury found that the defendant was guilty of the crime, however, the court also asked the jury to decide whether to apply an “enhancement paragraph” to his charges, which would increase the sentence.

August 7, 2023

The Risks of Speaking to Detectives Without Legal Counsel

by Robert Guest

Speaking to detectives without legal representation exposes you to unnecessary risks. The consequences can be severe and often outweigh any perceived benefits of cooperating with the investigation. However, as experienced Forney criminal defense attorneys, we routinely see detectives engaging in questionable interrogation tactics that mislead unsuspecting people into making statements that are later used against them. Sometimes, prosecutors will even take your statements out of context to make it seem as though you were admitting to something you had no intention of admitting.

At Guest & Gray, anytime we receive a case involving a statement our client made to detectives, one of the first things we do is determine if the statement was taken in violation of their constitutional rights. If so, it isn’t admissible at trial.

Below are some of the most important reasons not to talk to a detective until you’ve spoken with a criminal defense attorney.

Potential Misinterpretation of Statements

During police interviews, statements made by individuals may be misinterpreted or taken out of context, leading to potential legal ramifications. Even innocent statements can be misconstrued and used against a person during a trial.

August 1, 2023

Penalties for a First-Time DWI in Texas

by Robert Guest

Cases involving DWI arrests are some of the most common criminal cases in Texas, with tens of thousands of people being arrested for DWI each year. These crimes, while usually considered misdemeanors, can result in life-changing consequences if you’re convicted. However, just because you’ve been arrested doesn’t mean you’ll be convicted, especially if the dedicated Forney DUI defense attorneys at Guest & Gray are involved in your case.

Facing a first-time DUI charge can be stressful. Part of the reason for this is that there are a lot of uncertainties about what you could face if you’re convicted. Read on to learn more about first-time DUI offense penalties in Texas.

Immediate Consequences

After a first-time DWI conviction, you may face the following immediate consequences:

Driver’s License Suspension: Your driver’s license may be suspended for a specific period of time, typically between 90 days and one year, depending on the circumstances of your case.

July 30, 2023

Texas Court Affirms Murder Conviction Over Various Claims of Error

by Robert Guest

In a recent criminal defense case, appellant Mack Watson, Jr. appealed his conviction for murder, challenging three key issues. This blog post aims to provide an analysis of these issues and the court’s decision, ultimately affirming the conviction. The three issues discussed include the denial of Watson’s motion to suppress an in-court identification, the denial of a motion to suppress Watson’s recorded statement to the police, and the court’s decision regarding a yawning juror.

Issue 1: In-Court Identification

Watson argued that the trial court erred by denying his motion to suppress an in-court identification made by a witness. He claimed that the identification was based on an impermissibly suggestive pretrial photo array procedure, leading to a substantial likelihood of misidentification at trial. However, the court disagreed with Watson’s arguments. They concluded that the photo array was not impermissibly suggestive, as witnesses had described the shooter as potentially bald, and the array included bald individuals. The court also found that the minor discrepancies in facial hair among the individuals in the array did not render it unduly suggestive. Moreover, even if the identification procedures were unduly suggestive, the court determined that the admission of the witness’s in-court identification was harmless, as another witness had positively identified Watson as the shooter.

Issue 2: Watson’s Statement to Police

Watson also argued that his statements given to the police following the murder should have been suppressed because he was effectively in custody during the interview, but the officers did not provide Miranda warnings. The court applied the custody determination test, which assesses the circumstances surrounding the interrogation and whether a reasonable person would have felt free to leave. Although Watson had been detained during a traffic stop, the court found that the amount of force displayed and the chaotic nature of the events did not transform the investigative detention into an arrest. Consequently, the court concluded that Watson was not in custody at the time of his statement, and thus, Miranda warnings were not required.