Assault and family violence are serious issues that may simply start as a disagreement and grow into a far bigger problem. Here in Travis County, we have a court specifically designated to handle all assault family violence cases. Judge Mike Denton in County Court at Law #4 presides over all these cases in Travis County.

Domestic violence involves physical violence or threats of violence upon a spouse, a person with whom an individual is living with, or a person who is the mother/father of the aggravator’s child.

Crimes of violence include:
- The assault/abuse of a spouse
- Battery/assault of another individual you aren’t related to
- Criminal threats or threatening phone calls
- Assault with serious bodily injury
- Assault with a deadly weapon

Domestic violence cases can be classified as felonies or misdemeanors. If there are severe cuts or broken bones involved, then the aggravator will be charged with a felony. If there is no injury, or slight scrapes and bruises, the case will be classified as a misdemeanor. If the individual who inflicted the violence has had previous conviction for assault family violence, then the case will be filed as a felony. In Texas, you will be charged with a felony if it is your second domestic violence charge. If the defendant is charged with a felony he or she could serve up to ten years in jail, but if the charge is a misdemeanor the maximum jail time would be no more than a year.

In most violence cases the outcome comes down to your word against the victim’s. If the court sides with the victim there will be long-term consequences aside from jail time. A conviction for assault or violence could remain on your criminal record, hindering your chances of finding a job or taking away your rights to visitation of your children. You may also lose your right to hold firearms, and if you aren’t a U.S. citizen you can face deportation or have your citizenship denied.

If you are charged with assault family violence, it is important to contact an attorney immediately. In many cases, the judge will issue an Emergency Protective Order as a result of the allegations of assault. Hiring an attorney experienced with assault family violence cases at the beginning will help protect your rights.

Before any defendant decides to accept a probation or deferred adjudication deal from the district attorney, they better make sure that they can adhere to the terms and conditions of that probation. I make sure my clients understand what it means to be on probation and what consequences there are for violating those conditions placed upon them.

There are many instances where people have violated the rules of their probation or parole, and the court issues a warrant for their arrest and a motion to revoke (MTR). Many questions arise when this topic is breached. For instance, what is probation and parole, how can they be violated, and what is a MTR?

Probation is the supervision of a criminal that is placed under the supervision of a probation officer. During the probation period the individual must comply with all the rules set before him or her, and is required to report to their officer regularly. Parole happens when a prisoner is released early because they have demonstrated good behavior. In this parole period the person must report to the authorities and follow the rules he has been given. In both instances if the individual breaks the rules of his or her probation/parole, or commits another crime, their officer can issue a warrant for their arrest and the court can set in motion an MTR.

Probation or parole violations include:
- Failing to report to a probation officer
- Being charged with a new criminal offense
- Failing to pay court ordered fines or treatment
- Failing a drug or urine test

Many violations are committed unintentionally, or are the result of lack of communication between the individual and their officer.

When a probation officer issues a warrant for your arrest, you can be held without bail until a judge can hear your case. In probation cases, it is a good idea to hire a lawyer so they can deal with the judge to get you a bond so you won’t have to stay in jail until your hearing. In parole cases bonding out of jail isn’t an option, so you do not want to violate your terms of parole.

When your case goes before the judge in a Motion to Revoke Probation, if he or she finds it “true” that you have violated your probation then that judge can sentence you within the sentencing guidelines set out for your particular crime. This is the stage when having a lawyer on your case is the most critical. He or she can argue for a second chance at probation and keep you out of jail.

During voir dire (jury selection) in a recent DWI jury trial, I ask the panel to raise their hand if they thought it was against the law to drink and drive and the majority of the people raised their hand. I was sort of shocked at first but then I remembered it is probably not their fault that they had a misunderstanding of the law. In Texas, it is difficult to drive down our highways and not see a sign that reads “Drink, Drive, Go To Jail”. The truth is, however, it is not illegal to drink and drive. In fact, you can drink as much as you want and drive so long as you have not become intoxicated.

So what does it mean to be intoxicated? Our laws state that a person is intoxicated if they have lost the normal use of either their mental or physical faculties due to the introduction of alcohol, controlled substance, drug or any combination thereof to the body. Our laws also state that a person is intoxicated if they have an alcohol concentration of .08 or greater in their body while they are operating a vehicle.

If a person is pulled over for suspicion of driving while intoxicated, the officer will typically ask the driver to perform several tests. We call these tests Standardized Field Sobriety Tests or SFST’s. There are 3 Standardized Field Sobriety Test: (1) Horizontal Gaze Nystagmus (HGN) (2) Walk and Turn Test; and (3) One Leg Stand Test. While the suspect is performing these tests, the officer grades the performance by looking for certain “clues” of intoxication. Based upon the overall performance, the officer will determine whether he or she believes there is probable cause to arrest the suspect for driving while intoxicated. One common question that we get is “What’s the difference between a DUI and DWI?” The answer that a DWI is someone who is charged as an adult while a DUI is a minor offense.

Once the officer has placed the suspect into custody, they will ask them if they would like to provide a sample of their breath or blood. In my experience, it is never a good idea to provide a sample of your breath. In Texas, we use a machine called the Intoxilyzer 5000. Most people have the mistaken impression that police use a breathalyzer to measure a person’s blood/alcohol concentration. While some police officers carry portable breath testing devices, these are not approved by the DPS and are not used in criminal prosecutions or ALR hearings.

The majority of people have no clue what the Intoxilyzer 5000 is or know anything about its accuracy and reliability. It is important to note that the manufacturer of this machine does not warranty it for breath testing on humans. Nor does the DPS require the breath sample to be saved in case we may want to have it re-tested. Meaning that if you took a breath test and you said “no way that can be right, I’m not even drunk”, you would not have the opportunity to have the sample re-tested even though it would only cost the DPS about $2.00 to preserve the sample. My advice is always that it is a better idea to let a jury of your peers determine if you are intoxicated as opposed to some machine that you know nothing about and whose accuracy and reliability is doubted by many.

Underage drinking is a major problem in Texas and costs the state around $5.5 billion annually. There was a study done on secondary schools in the state and the results were astonishing. In the study 68 percent of students reported lifetime use of alcohol, 33 percent reported current use, 23 percent say they binge drink, and 68 percent claimed it was easy to obtain alcohol if they wanted it. With these high numbers of underage alcohol consumption it is important to inform minors of Texas underage drinking laws, penalties associated with consumption, and the consequences that follow.

If you are a minor in the state of Texas and you purchase, attempt to purchase, possess, or consume alcohol for the first time and are caught you will be charged with:
- Class C misdemeanor
- May be required to attend an Alcohol Awareness class
- 20 to 40 hours of community service
- 60 days of drivers license suspension

For second offenses the punishment is the same except you may be required to do community service for 40 to 60 hours with up to 120 days of license suspension. If a minor is 17 years of age or older and this is their 3rd offense they can be fined up to $2,000, placed in jail for up to 180 days, and can have their license suspended for 180 days with no occupational license.

If you are an adult in Texas you are not allowed to provide alcohol to any minor even if they are on your property, or have parental permission, unless the parent is with them. Remember that your residence is your responsibility. If you violate this you can be sentenced up to one year in jail with a $4,000 fine. Your driver’s license could be suspended for 6 months, and there is a possibility that you can be sued if the person you administered the alcohol to hurt someone else, themselves, or damaged property.

Fake IDs in Texas

Fake ID’s are a major problem among high school and college age students. If you are caught in possession of a fake ID, or caught delivering or manufacturing counterfeit identification you can be charged with:

- Possession, Class C misdemeanor
- Possession of Counterfeit Identification, Class A misdemeanor, up to $4,000 fine and 1 year in jail
- Tampering with Governmental Record, 3rd degree felony, 2-10 years in jail and a fine up to $10,000

Consequences of underage drinking go far beyond just physical damage. Misdemeanors appear on criminal background checks, so if you are applying for a job and don’t get it that may be why. Applying for admission to graduate school is a competitive process and having a misdemeanor or felony on your record will be a setback. In the long run having any offense from underage drinking on your record will hurt your reputation and credibility in the eyes of everyone around you.