austindefender

Criminal defense in Austin Texas.

Austin, Travis County: Assault Family Violence

| May 23, 2017

Assault-Family Violence is one of the most common criminal cases in Travis County. In the last 3+ years there have been 7486 such cases. Out of those, nearly half – 3551 – have been dismissed. Another 1621 are still pending. 961 are shown as “Final Dispositions” – probation or jail time. Those three categories – […]

Driving While Intoxicated: Travis County

| May 22, 2017

DWI is the single most common offense in Travis County. There were 12,190 of them, over the past 3+ years. The great bulk of DWI’s were within four categories: “Active”, “Final Disposition”, “Dismissed” and “Probation”. Those four categories accounted for 96% of the cases. “Active” is pending cases. Final Disposition is people who got jail […]

Criminal History

| May 22, 2017

People often ask: “Will this be on my record?” Unfortunately, there’s no easy answer to that question. The reason there’s no simple answer is that there’s no single database that contains all the information. Instead, information is scattered all over the place. In Austin, for example, APD keeps information about arrests. TCSO – the Travis […]

Expunction vs Non-Disclosure

| September 17, 2012

The difference between an expunction and an order for non-disclosure is that an expunction is an order from a judge saying that records must be deleted or destroyed. An order of non-disclosure says that the records can’t be disseminated, except for certain law enforcement and governmental purposes. An expunction, obviously, is what you want to […]

Improper Photography

| August 17, 2012

A few years ago I filed an application for a Writ of Habeas Corpus in an Improper Photography case in Williamson County. (You can see it here or here.) Nothing ever came of it, because the prosecutor dismissed the case. But recently recently I got a call from another lawyer who mentioned that a pro […]

Faster Expunctions – when the case is “no longer pending”

| June 21, 2012

The new expunction statute makes some changes in the law regarding expunctions. One of them is a shorter waiting period if the case was never filed, and is no longer pending. Under the new law, if the case was never filed and is no longer pending, the waiting period is: 6 months for a class […]

The Right to Expunction – Texas Penal Code 55.01

| June 19, 2012

Current as of Sept. 2011. CODE OF CRIMINAL PROCEDURE TITLE 1. CODE OF CRIMINAL PROCEDURE CHAPTER 55. EXPUNCTION OF CRIMINAL RECORDS Art. 55.01. RIGHT TO EXPUNCTION. (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files […]

Objection! I want to leave the jury wondering…

| June 17, 2011

The other day Jose Baez, the lawyer for Casey Anthony, asked a witness a question: “Were you asked to do a paternity test to determine whether Lee Anthony was Caylee’s father?” The answer to the question was, “Yes, and he wasn’t.” The jury didn’t hear that answer, though, because prosecutor Jeff Ashton objected, and the […]

Penal Code 25.11 “Continuous Violence Against The Family”

| February 28, 2011

Sec. 25.11. CONTINUOUS VIOLENCE AGAINST THE FAMILY. (a) A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 22.01(a)(1) against another person or persons whose relationship to or association with the defendant is […]

Apples and Oranges – The Bar Says It’s Time To Learn About The “Billable Hour”

| February 16, 2011

There are two models when it comes to charging and collecting legal fees. There’s a civil model, in which the lawyer sits at a desk and keeps careful notes of the time he spends on a case: the phone calls and faxes, the traveling here and there, the interrogatories and depositions, and all the mountains […]