| Carm | 2 Comments | Uncategorized

Texas New Laws

We all have "friends" who work in the legal field whether police, constable, legal assistant or others who we ask advice or to clarify legal rumors.  Sometimes, the best thing to do is to READ the law yourself.  Rumors can really get you trouble.

The 86th Session of the Texas Legislature officially concluded and was gaveled Sine Die, on Monday, May 27th. 7,324 bills were filed during the 86th Texas Legislature and 1,429 of them were passed. If you would like to see them all, a great website to visit is
https://legiscan.com/TX/legislation/2019

We’re going to list a few of the new laws passed and some that have remained unchanged.

Texas Dept. of Transportation Cell phone law

In 2017, the Texas Legislature passed a statewide ban on using a wireless communications device for electronic messaging while operating a motor vehicle. Texting, as well as reading or writing email, is prohibited while driving in Texas.

Many local areas have passed stricter ordinances which completely limit any cell phone use while driving, so it is the responsibility of drivers to learn the laws in their local areas.

Cell Phone Prohibitions

  •  Drivers cannot send or receive electronic messages in Texas.
  •  Drivers with learner's permits are prohibited from using handheld cell phones in the first six months of driving.
  •  Drivers under the age of 18 are prohibited from using wireless communications devices.
  •  School bus operators are prohibited from using cell phones while driving if children are present.
  •  In school zones, all drivers are prohibited from texting and using handheld devices while driving.
  •  Local restrictions: Drivers should become familiar with any ordinances in effect in their local areas. Drivers should contact their local municipality to determine if there are additional laws governing the use of cell phones.

TEXAS — (SEC. 545.412 TEXAS TRANSPORTATION CODE) Child Safety

While the Texas Department of Public Safety often uses the language “booster seat” in their description of the law for “booster”- age children, the actual complete child seat law is as follows:

  •  Any child younger than 8 years of age must be secured in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system.
  •  In such a case as a child is under 8 years of age but at least four feet nine inches in height, the child may use the vehicle seat belt.

Property Tax Reform

Governor Greg Abbott signed into law Senate Bill 2, which delivers significant property tax reforms that will cap property tax increases without voter approval and provide tax reform to homeowners and businesses across Texas.

Senate Bill 2 lowers the property tax rollback rate to 3.5% for cities and counties. Any increase to this rollback rate in cities, counties, and some special districts will require voter approval and automatically trigger a tax ratification election. This rollback rate will be renamed the voter approval tax rate going forward.

SB 2 also requires taxing units to post their budgets, tax rates, and tax rate calculation worksheets online. The bill makes numerous improvements to the appraisal and protest process, such as prohibiting an Appraisal Review Board (ARB) from increasing the value of a taxpayer property above its initial value, increasing training requirements for ARB members and arbitrators, and entitling taxpayers to the evidence the appraisal district plans to present at their ARB hearing free of charge.

Marijuana, Hemp, and the 2018 Farm Bill

Congress’ 2018 Farm Bill differentiated hemp from marijuana by setting a tetrahydrocannabinol (THC) threshold concentration of 0.3%. Anything above 0.3% is still considered marijuana and therefore generally illegal in Texas.

H.B. 1325 Adopted the Federal Framework

The Farm Bill delegated primary authority over how to regulate the production and sale of hemp to the states. H.B. 1325 adopted the 0.3% THC standard (same as the Farm Bill) for distinguishing regulated hemp from prohibited marijuana. Furthermore, H.B. 1325 directs the Texas Department of Agriculture to pass rules requiring hemp producers to be state-licensed and test their products to ensure 0.3% or less THC concentration. Importantly, the law also requires a shipping certificate that confirms the product in transport is legally compliant hemp (no more than 0.3% THC). Failure to have the required certificate during transport is a misdemeanor and also subjects the person to a civil penalty of up to $500 per violation.

In short, H.B. 1325 gave prosecutors more tools to prosecute these crimes, not less, because they can now prosecute a misdemeanor for failure to have a proper hemp certificate.

Red-light cameras banned.

HB 1631 : Signed on June 3

The ban goes into effect immediately, the devices could still linger in some communities for a few more years, as the bill only prevents cities from renewing their current contracts with vendors.

https://gov.texas.gov/

https://capitol.texas.gov/

If you or someone you love has legal needs in Montgomery County, you should seek a qualified attorney such as John E. Choate, Jr who can handle your case with skill.

We are a Conroe Law Office focused on winning your case. Established in Spring 1995, we serve Montgomery, Harris, and the surrounding counties. Founded on the pillars of respect, diligence, and loyalty, we are here to help you through the most difficult times in your life.

Make an appointment TODAY for your free initial consultation.

 

| Carm | 0 Comments | Uncategorized

Do I Need An Attorney to Talk to the Police?

The short answer is…it depends

If you are a victim or a witness to a crime you will want
to talk to the police.

If you are a suspect, the answer is always YES! You need an attorney.

Once they read your Miranda Rights, absolutely tell them you want an attorney and quit speaking. Do not ask them any questions, or ask them to explain anything. Be polite and respectful, but insist on your attorney being present for anymore questions.

Miranda Rights
You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be provided for you.
Do you understand the rights I have just read to you?
With these rights in mind, do you wish to speak to me?

Law Professor James Duane stresses that the best course of action if you want to avoid being prosecuted for a crime you didn’t commit is simply never to talk to the cops.  At all. Period.

As a result, if you’re approached by a police officer you’re legally obliged to tell them your name and what you’re up to at that exact moment, but beyond that Duane recommends sticking to the words: “I want a lawyer”. In 2008, Duane, a professor at Virginia’s Regent Law School, gave a lecture about the risks of talking to police that was filmed and posted to YouTube . His argument, which he’s since expanded into a new book called You Have the Right to Remain Innocent, is that even if you haven’t committed a crime, it’s dangerous to tell the police any information. You might make mistakes when explaining where you were at the time of a crime that the police interpret as lies; the officer talking to you could misremember what you say much later; you may be tricked into saying the wrong things by cops under no obligation to tell you the truth; and your statements to police could, in combination with faulty eyewitness accounts, shoddy “expert” testimony, and sheer bad luck, lead to you being convicted of a serious crime.

Prof. Duane thinks that you shouldn’t even tell the police that you are refusing to talk. Your safest course, he says, is to ask in no uncertain terms for a lawyer, and keep on asking until the police stop talking to you.

Besides, the police don’t think you’re innocent. Unfortunately as a suspect you cannot trust the police. You are the guilty one in their eyes. They just need to get a confession. The police are allowed to use deception during interrogations, such as saying a co-defendant has already admitted guilt, they have your DNA, fingerprints or video. If you’ve gotten this far without an attorney, Stop!!  Immediately ask for an attorney.

“What if I’m guilty?”

Most importantly, you need to exercise your right to remain silent and have an attorney. Your attorney will work to ensure you have adequate legal representation in court, and are subject to a fair trial. Your attorney will also try and get an appropriate and reasonable charge for the crime you are accused of.

Therefore, if you or someone you love has been charged with a crime in Montgomery County or surrounding counties, you should seek a qualified lawyer such as John E. Choate, Jr., Attorney at Law, who can handle your case with experience. Call (936) 441-2999 Attorney John E. Choate, Jr. at Conroe Law Office.

| Marvin Tyson | 6 Comments | Uncategorized

Texas Constitutional Carry

The term “democracy” is often used erroneously to describe our system of government. It seems to be especially popular among politicians who happen to find their party out of power. “What he is doing is harmful to our democracy!” is almost a religious chant today.

But, if we don’t have a democracy, what do we have?

Our Union (not “nation” or “country”) was established with a representative republican form of government, but today we have lost the republic and our “representatives” seek office only to magnify and multiply their own opinions and votes, apparently.

Here’s what I mean: this year the Delegates to the Republican Party Convention in San Antonio set what they call “Constitutional carry” of firearms as the #1 priority for the majority Party in this session of the Texas Congress.

“Constitutional Carry” is bad terminology, but suffice it to say that it is meant to repeal the costs associated with legally carrying a firearm in Texas. Nothing about it would authorize anyone to carry if they couldn’t qualify under the present law and pay the associated fees and licenses.

A new Speaker of the Texas House was elected for this session after several sessions under Joe Straus, a man most conservative Republicans thought far too liberal. Dennis Bonnen proceeded to follow in Straus’ tracks almost step by step, appointing liberal Democrats to Chair key committees that would handle conservative legislation, including Constitutional Carry.

That should have cued anyone to know that Bonnen was opposed to this legislation that is overwhelmingly supported by his own Party, and has many supporters in the Democrat Party along with Libertarians.

The Bill had been stalled in the House Homeland Security and Public Safety Committee chaired by Pancho Nevarez (D) Eagle Pass for weeks before the well-publicized incident with Mr. Chris McNutt, Executive Director of Texas Gun Rights, so neither of these men intended to ever let this Bill get to the floor for a vote anyway.

Now it has been made abundantly clear that the Speaker just flat lied about what happened at his house in Lake Jackson as well as at a fundraising event at which he was scheduled to speak and stormed out after confronting Mr. McNutt.

The DPS Trooper’s testimony as well as bodycam footage shows that Mr. McNutt was unarmed and never stepped on the Bonnen’s property, regardless of what the Speaker says.

So, how can we have a representative republican government here in Texas if one man, in complete disdain for what the people want, stops proposed legislation from even getting a hearing?

If legislation with overwhelming support of the people cannot be heard or voted on we have an oligarchy, certainly not a republic!

 A Conroe lawyer, John Choate Jr., has seen the abuse of political power in our great State of Texas and has assisted many citizens.  Call the Conroe lawyer with your questions or concerns.