Big Spring DUI-DWI Lawyer, Texas

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LEGAL TERMS

EXPUNGE

To intentionally destroy, obliterate or strike out records or information in files, computers and other depositories. For example, state law may allow the crimi... (more...)
To intentionally destroy, obliterate or strike out records or information in files, computers and other depositories. For example, state law may allow the criminal records of a juvenile offender to be expunged when he reaches the age of majority, to allow him to begin his adult life with a clean record. Or, a company or government agency may routinely expunge out-of-date records to save storage space.

HUNG JURY

A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations ... (more...)
A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations with an assurance (sometimes known as a 'dynamite charge') that they will be able to reach a decision if they try harder. If a mistrial is declared, the case is tried again unless the parties settle the case (in a civil case) or the prosecution dismisses the charges or offers a plea bargain (in a criminal case).

SEARCH WARRANT

An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won't issue... (more...)
An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won't issue the warrant unless she has been convinced that there is probable cause for the search -- that reliable evidence shows that it's more likely than not that a crime has occurred and that the items sought by the police are connected with it and will be found at the location named in the warrant. In limited situations the police may search without a warrant, but they cannot use what they find at trial if the defense can show that there was no probable cause for the search.

JURY NULLIFICATION

A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for ... (more...)
A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for juries in England and the United States, although judges will prevent a defense lawyer from urging the jury to acquit on this basis. Nullification was evident during the Vietnam war (when selective service protesters were acquitted by juries opposed to the war) and currently appears in criminal cases when the jury disagrees with the punishment--for example, in 'three strikes' cases when the jury realizes that conviction of a relatively minor offense will result in lifetime imprisonment.

PROBABLE CAUSE

The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a searc... (more...)
The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a search warrant allowing the police to conduct a search or arrest a suspect. Reliable information must show that it's more likely than not that a crime has occurred and the suspect is involved.

INADMISSIBLE EVIDENCE

Testimony or other evidence that fails to meet state or federal court rules governing the types of evidence that can be presented to a judge or jury. The main r... (more...)
Testimony or other evidence that fails to meet state or federal court rules governing the types of evidence that can be presented to a judge or jury. The main reason why evidence is ruled inadmissible is because it falls into a category deemed so unreliable that a court should not consider it as part of a deciding a case --for example, hearsay evidence, or an expert's opinion that is not based on facts generally accepted in the field. Evidence will also be declared inadmissible if it suffers from some other defect--for example, as compared to its value, it will take too long to present or risks enflaming the jury, as might be the case with graphic pictures of a homicide victim. In addition, in criminal cases, evidence that is gathered using illegal methods is commonly ruled inadmissible. Because the rules of evidence are so complicated (and because contesting lawyers waste so much time arguing over them) there is a strong trend towards using mediation or arbitration to resolve civil disputes. In mediation and arbitration, virtually all evidence can be considered. See evidence, admissible evidence.

BAIL BOND

The money posted by a 'bondsman' for a defendant who cannot afford his bail. The defendant pays a certain portion, usually 10%. If the defendant fails to appear... (more...)
The money posted by a 'bondsman' for a defendant who cannot afford his bail. The defendant pays a certain portion, usually 10%. If the defendant fails to appear for a court hearing, the judge can issue a warrant for his arrest and threaten to 'forfeit,' or keep, the money if the defendant doesn't appear soon. Usually, the bondsman will look for the defendant and bring him back, forcefully if necessary, in order to avoid losing the bail money.

MISTRIAL

A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on ... (more...)
A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on a verdict (a hung jury) If a judge declares a mistrial in a civil case, he or she will direct that the case be set for a new trial at a future date. Mistrials in criminal cases can result in a retrial, a plea bargain or a dismissal of the charges.

SELF-INCRIMINATION

The making of statements that might expose you to criminal prosecution, either now or in the future. The 5th Amendment of the U.S. Constitution prohibits the go... (more...)
The making of statements that might expose you to criminal prosecution, either now or in the future. The 5th Amendment of the U.S. Constitution prohibits the government from forcing you to provide evidence (as in answering questions) that would or might lead to your prosecution for a crime.

SAMPLE LEGAL CASES

Amador v. State

... We reverse. 874 The Controversy [1]. On June 24, 2003, an assistant district attorney in Montgomery County presented an information in the trial court charging appellant with misdemeanor driving while intoxicated (DWI). The ...

Peavey v. State

... At the penalty stage of the trial, appellant pleaded "true" to the three prior felony convictions alleged for the enhancement of punishment, including: a felony driving while intoxicated (DWI) conviction in 2003 in the same district court; convictions for possession of a controlled ...

Brown v. State

... Brown was placed in custody and charged with DWI-Misdemeanor Repetition. ... 2000). B. Applicable Law. Under Texas law, a person commits DWI "if the person is intoxicated while operating a motor vehicle in a public place." Tex. Penal Code Ann. § 49.04 (Vernon 2008). ...

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