Criminal Practice Areas
Marijuana || Drugs || DWI || Theft
Assault and Domestic Violence
Motions to Revoke and Adjudicate
Other Areas
Marijuana Possession, Distribution, and Sale
After an arrest or citation for marijuana possession, distribution, and sale, you may be pondering the social value of prosecuting people over a plant. I agree. The peace officer who arrested or cited you may agree. The prosecutor may agree. The judge may agree. During respective periods of youthful indiscretions, the past three presidents of the United States probably agreed.
But until a majority of state and federal legislators agree, possession, distribution, and sale of marijuana is a crime that can have far-reaching consequences. This is true even though police now have the option of issuing a summons to appear for possession of less than 2 ounces or marijuana in Texas. There has been no decriminalization of marijuana in Austin or Texas, and even possession of less than 2 ounces is a Class B Misdemeanor that can result in as long as six months in jail and as much as a $2,000 fine.
If you are a student, conviction on a marijuana charge can result in loss of federal financial aid, including Stafford and Perkins student loans and Pell grants. A conviction also will cost you your Texas drivers license for 180 days. Even if you receive probation or a deferred adjudication, the criminal justice system may essentially label you a drug addict and force you to attend drug rehabilitation or education courses as a condition of your community supervision.
If you are facing a charge of marijuana possession, distribution, or sale, you need a lawyer who will stand up for your rights and force the state to justify their stop, detention, and search that led to the current charge. Call me, Jason Rew-Hunter, at 512-828-7773, to schedule a free consultation so we may discuss your rights and your case.
Drug, Narcotic, And Controlled Substance Possession, Distribution, and Sale
The bad news: Possession of any amount of a many controlled substances — including cocaine, heroin, methamphetamine, LSD, opiates, and some prescription drugs — is a felony.
The good news: If this is your first offense, and you have no prior felony convictions, possession of a small amount of some of these drugs requires a mandatory sentence of community supervision — either deferred adjudication or probation.
As with marijuana crimes, drug, narcotic, and controlled substance crimes can result in loss of federal financial aid, and will cost you your drivers license for 180 days.
Drug, narcotic, and controlled substance crimes, more than most crimes, implicate your constitutional right against unreasonable searches and seizures, especially when peace officers turn an apparently routine stop into a drug bust. If you want an attorney who will protect your constitutional freedoms, call me, Jason Rew-Hunter, at 512-828-7773 to schedule a free consultation.
Driving While Intoxicated (DWI) and Driving Under the Influence (DUI)
Drinking and driving is not illegal in Texas. Driving while intoxicated is, but the state has to prove beyond a reasonable doubt that you were, in fact, intoxicated.
The state can prove intoxication one of two ways: Either subjectively — by showing that you did not have the normal use of mental or physical faculties caused by ingesting an intoxicant; or objectively — by showing that you had a blood alcohol content of 0.08 or more.
To prove intoxication subjectively, the state often will rely upon observations by the arresting officer and others. This turns the question of intoxication into a judgment call by the jury.
To prove intoxication objectively, the state will introduce the results of a chemical test on a specimen — usually breath or blood. Even though this is a “scientific” test, many factors can call into question the reliability of the results. Even if you gave a blood or breath sample and a test showed a blood alcohol content of greater than 0.08, a finding of guilt is anything but a foregone conclusion.
The consequences of a DWI go well beyond a fine and community supervision or jail time. Even a first-time conviction can result in a drivers license suspension for as long as one year. Once you get your license back, you will have to pay at least $1,000 per year to the Department of Public Safety for three years after the date of conviction. DWI also is an enhanceable offense, which means that a second, third, and later DWIs carry even greater fines, penalties, and surcharges.
DUI is an offense under the Texas Alcoholic Beverage Code, which makes it illegal for a minor (a person younger than 21) to drive with any detectable amount of alcohol in his system. This means that even if the minor submits a specimen (which one should never do) and if the test comes back with a blood alcohol content of less than 0.08, he could face prosecution for DUI. A first offense for DUI is a Class C misdemeanor, which is punishable by, at most, a $500 fine. However, even being accused of a DUI can result in the minor losing his drivers license for 60 days. As with DWI, the penalties increase for each subsequent DUI conviction.
The consequences of DWI and DUI are too dire to resign oneself to a guilty plea and probation. With only fifteen days after arrest to schedule an Administrative License Revocation (ALR) hearing to keep your drivers license, time is of the essence in effectively defending a DWI case. If you want an attorney who will aggressively attack the state on every point of their case against you, call me, Jason Rew-Hunter, at 512-828-7773, to schedule a free consultation today.
The punishments for theft vary widely, depending upon the value and nature of the allegedly stolen property, as well as the manner in which the property allegedly was stolen. Theft punishments can also be enhanceable, which means that prior convictions for theft can make the punishment for future convictions even more severe.
Shoplifting, theft of services, theft by check, and auto theft are some of the more commonly prosecuted theft crimes. Texas theft laws also include specific exceptions for crimes such as cattle and livestock rustling, stealing metal wire, grave-robbing, firearm theft, and cable theft.
An accusation of even the lowest level of theft is a serious allegation for which you need a vigorous defense. Theft is a crime of moral turpitude, which can prevent you from keeping or obtaining a professional license and could reduce future employment opportunities.
If you need an attorney who will fight hard to protect your reputation, call me, Jason Rew-Hunter, at 512-828-7773.
Assault and Domestic Violence
Sometimes, the criminal justice system becomes involved in interpersonal disputes. When this happens, a person usually is charged with assault.
The application of Texas legal descriptions of assault sometimes defies conventional wisdom. “Assault causing bodily injury” doesn’t require that a person receive medical attention, or even require open wounds or visible bruising. A “deadly weapon” isn’t necessarily a knife or gun — Texas courts have allowed fists and feet to be a “deadly weapon.”
Allegations of domestic violence are especially problematic. Many people are included in the definition of “family,” including boyfriends and girlfriends.
Rarely are the circumstances surrounding an alleged assault a cut-and-dry situation in which it is simple to determine the “guilty” party. There are several viable defenses available to those accused of assault which account for such scenarios.
If you need an attorney who will make a compelling case for your side of the story, call me, Jason Rew-Hunter, at 512-828-7773 to schedule a free initial consultation to discuss your case.
Motions to Revoke Probation and Motions to Adjudicate
Not everyone who is convicted of or pleads guilty to a crime goes to jail or prison. Many end up under “community supervision,” better known as probation or deferred adjudication.
Community supervision programs are intended to give those who are convicted of or plead guilty to have a second chance in society — with many strings attached. Very few people on probation or deferred adjudication follow the requirements to a “T,” and technical violations of the terms — such as curfew violations, missing a meeting with a probation officer, or not paying fees on time — are not uncommon.
Sometimes these violations add up, and the state moves to revoke the probation or adjudicate a deferred case. If the state is successful with its motion, the person will spend time in jail or prison.
If a person is arrested on a warrant issued because of a motion to revoke or adjudicate, a judge is not required to immediately set a bond, which means that the person can sit in jail while awaiting his hearing. The hearing on the motion will take place before a judge, with the state held to a much lower burden to prove the violations than the burden to prove the original allegations. If the judge finds that the person violated his terms of community supervision, the judge may order jail or prison time or, in some cases, decline to do so and instead extend the duration of the community supervision.
Who you choose to represent you in a motion to revoke or adjudicate is vital, because the outcome of the hearing will decide whether you will spend time behind bars. If you need an attorney who will fight to keep you free, call me, Jason Rew-Hunter, at 512-828-7773 to set up a free consultation to discuss your case.
Other Areas
If it’s something you can be arrested for, odds are it’s something I can help you with. Whether it is a low-level misdemeanor — such as minor in possession (MIP), public intoxication, or criminal mischief — handled in city or justice courts, or a more serious offense, call me, Jason Rew-Hunter, at 512-828-7773.