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Houston TX Criminal Defense Law Blog - by J. Michael Threadgill |
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Houston Criminal Defense Law Blog
Public Place; Part III: Circumstantial Evidence
Even if you are not approached by law enforcement until after you are located in a private place, the State may still use some circumstantial evidence to show that you did "operate" in a "public place" just before law enforcement arrived at the scene. (Read more...)
Posted by: J. Michael Threadgill on 3/14/2008 :: Permalink
Public Place; Part I: In General
To be guilty of DWI, the alleged offense must have occurred in a "public place." (Read more...)
Posted by: J. Michael Threadgill on 3/13/2008 :: Permalink
Public Place; Part II: Parking Lots, Drive-Ways, etc.
Whether or not a parking lot or drive-way is "public" largely depends upon the character of the establishment for which the parking lot or drive-way is used. (Read more...)
Posted by: J. Michael Threadgill on 3/12/2008 :: Permalink
Operation Part IV Disabled Vehicle
If the vehicle you're in is incapable of being operated you may be able to beat an "operational" dwi. (Read more...)
Posted by: J. Michael Threadgill on 3/12/2008 :: Permalink
Operation Part II Sleeping in Your Car
You can be issued a DWI to you if you are found simply sleeping in your car. (Read more...)
Posted by: J. Michael Threadgill on 3/11/2008 :: Permalink
Texas DWI Law - Operation; Part II: Sleeping in Your Car.
Some officers now will issue a DWI to you if you are found simply sleeping in your car. (Read more...)
Posted by: J. Michael Threadgill on 3/9/2008 :: Permalink
Texas DWI Law - Operation, Part I "Driving While Intoxicated" (DWI) No Longer Requires Any "Driving."
Note that you do not have to actually be "driving" a motor vehicle for the State of Texas to prove the "operation" DWI element anymore. (Read more...)
Posted by: J. Michael Threadgill on 3/8/2008 :: Permalink
Elements of a DWI
To convict you of DWI the State must prove all four of the following elements that you were intoxicated while operating a motor vehicle in a public place (Read more...)
Posted by: J. Michael Threadgill on 3/7/2008 :: Permalink
School Searches
School searches are searches inside of public schools. During these searches, school officials may search lockers students or student property. (Read more...)
Posted by: J. Michael Threadgill on 2/24/2008 :: Permalink
Search Incident to Arrest
Search incident to arrest and search pursuant to investigative stop. (Read more...)
Posted by: J. Michael Threadgill on 2/23/2008 :: Permalink
Inventory Searches
Whenever a vehicle is impounded, an inventory search, which is a search of all the things that are in the vehicle, is performed. (Read more...)
Posted by: J. Michael Threadgill on 2/22/2008 :: Permalink
The Protective Sweep
The protective sweep is when officers have legally gained access inside a home or other premises. (Read more...)
Posted by: J. Michael Threadgill on 2/21/2008 :: Permalink
The Community Caretaking Function
Police officers, in addition to their law enforcement duties, must engage in a Community Caretaking role. The Police Officers must ensure the welfare and safety of a community by making sure its citizens are acting safely and not endangering other citizens. (Read more...)
Posted by: J. Michael Threadgill on 2/20/2008 :: Permalink
The Plain View and Plain Feel Doctrines
The plain feel doctrine states that if an officer has reasonable suspicion of a person, he may do a pat down search, and may seize any object whose mass or contour makes it apparent that it is contraband or evidence. Such evidence can be used against you in court if the officer truly had reasonable suspicion. (Read more...)
Posted by: J. Michael Threadgill on 2/19/2008 :: Permalink
Consent Searches You Have the Right to Say No
Consent searches are one of the most common types of warrantless search. In this case no warrant or probable cause is required to perform a search as long as the person with proper authority consents to the search. (Read more...)
Posted by: J. Michael Threadgill on 2/18/2008 :: Permalink
When Is A Search Warrant Required
A search warrant is a legal document that authorizes a police officer to search a person or premises. The Fourth Amendment to the US constitution lists the guidelines for the issuance of a Search Warrant. It states that people have a right to be free from unreasonable searches. Police officers have to submit affidavits and evidence information to a judge or magistrate to show probable cause before obtaining a Search Warrant. (Read more...)
Posted by: J. Michael Threadgill on 2/17/2008 :: Permalink
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| Located in Houston, Texas, J. Michael Threadgill represents clients in a range of criminal defense and family law matters. The firm proudly serves and ther Texas cities includding Houston, Pasadena, Beaumont, Sugar Land, Baytown, League City, Missouri City, Friendswood, Webster, Texas City, Alvin, Angleton, Pearland, Richmond, Galveston, Conroe, The Woodlands, Rosenberg, Katy, Pasadena, La Porte, Morton, and Deer Park, as well as the counties of Harris, Galveston, Fort Bend, Brazoria, Montgomery, Victoria, Chambers, Colorado, Liberty, and Jefferson.
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Law Office of J. Michael Threadgill
12 Greenway Plaza - Suite 1100
Houston, Texas 77046
Tel: 713-425-4958
Fax: 713-425-4999
mthreadgill@threadgill-law.com
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Threadgill . All rights reserved |
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