Montgomery county sexual assault lawyer 

Montgomery county sexual assault lawyer

The issue of consent is tricky, very tricky, sometimes the only difference is sexual assault and consensual sex might be the rise of an eyebrow expressing interest, the tone of voice expressing inclination of interest, expressing those events to a jury is a job best performed by a serious, experienced and well-trained lawyer.

We can all agree that a line exists that actions match the definition of sexual assault, but as with all human relationships, gray areas exist. For example, consent can, in theory, be taken away? It’s commonly understood from case law that the act of having sex after a fight equals reconciliation? What if the woman is saying that the what the man understood as reconciliation sex was perceived as an assault on her?

man and woman committing sexual assault.

Legal Defenses

Each specific situation has legal defenses tailored to the situation, and the good news is that many times tailored legal defenses have the most positive outcomes. The #metoomovement has created a situation in which it becomes a tad trendy to be included in the victim-hood of having been a helpless woman. We don’t want to deter from the illegitimacy of real rape and sexual assault, the pain and consequences it causes is unimaginable, but we are saying that a lot of gray area situations are being sold to the public as legitimate rape, when in actuality a strong argument could be made that the women in such cases were, in fact, profiting from the situations more than they were taken from.

Forcible, violent and non-nonsexual sex are crimes

We are not proponents of lawlessness in any form, we take on our clients problems and demonstrate the surrounding evidence that contributed to the situations, many many times troubled women have been known to create and imagine situations in which they need a villain, and sometimes, healthy strong normal boys are (excuse the Don Quixote reference) but the imaginary dragon, the scourge of society and at this office we feel we have more realistic understandings of the working dynamics of such relationships.

Victims of sexual assault in Montgomery County can also contact  The Montgomery County women’s center for assistance at-http://mcwctx.org/.

 

 

Priorities for Montgomery County parents divorcing of children with disabilities

Priorities for Montgomery County divorcing parents of children with disabilities

beautiful down syndrome child

Special considerations for Conroe divorce cases.

Divorce is always a difficult time for kids, children with disabilities might need different considerations to process the situation, we have a few tips that we wanted to share

 The clarity of your final decree of divorce is key

For example, a statement like visitation will be bi-monthly might mean every other month or every other week. The order involving medical care and community events also needs to be clearly laid out. “It’s a saying that he who signs an order in haste signs twice.”  It’s not that we want to drag anything out, in fact not at all, our experience shows that as fast as prudent is the most responsible, but the details all need to be attended to.

Inventory your child’s needs

We use a systematic approach to thoroughly divide the needs into two categories, short-term, and long-term. The short-term normally are normally repeating daily, monthly and yearly. long-term needs are normally one-time expenses, but can also involve short-term goals such as savings plans for higher education.

It’s highly likely that choices about schools, the reoccurring medical cost will not be contested, but the agreement still needs a language that gives a framework these  eventualities

It is important for divorcing parents to decide where their child will attend school and what accommodations they will need, how medical costs will be covered and where the child will receive any necessary medical care. Depending on your child’s needs and the specifics of your divorce, these decisions may be easy to make. If one divorcing parent is moving away or if your child needs extra care, both divorcing parents will need to decide what changes should be made.

Long-term visitation is on the table for the noncustodial parent, if planned correctly

Most of the time, one parent steps up to be the caregiver, while one parent is normally tasked with being more productive in business, one thing to consider is that if you plan your personal life to live near your child as a non-custodial parent you can arrange for  longterm visitation

Make Communication a Priority

The best way for divorcing parents and their children to handle a divorce is through clear communication. When divorcing parents communicate effectively with one another, their child’s needs are more likely to be met. Additionally, honest communication between divorcing parents will make it more likely that each party gets what they want from the divorce.

What to do about disagreement

It’s the opinion every relationship is different and every situation needs to find a mutually enriching agreement in which all parties give and take to achieve harmony, some pieces of music will be simple and others complex, but ultimately mutual satisfaction needs to be the goal. I’m willing to fight your spouse and their counsel to make sure you get fair representation in your divorce.

Fear of loss and what to do if you are being sued in Montgomery county ?

Montgomery County Civil Lawyer

A strange car pulls in the driveway, a man with a clipboard gets out of the car,  nocks on the door and you answer. In the most ominous voice, he says “Good afternoon, are you, Mr. Jones? I have some papers for you please report to the 359th courtroom in three weeks, you been served.” Process servers seem to run on melodrama. `

The psychology of being sued starts with a little pea shaped portion of your brain called the amygdala, You might know about its fight or flight response, It’s my job as your lawyer to engage the fight portion of that response of mind. You can’t back down in these situations, to quote Plato “we marshal our forces with all the strategy of war.”

The Process of being sued

Normally the process follows a fairly ordinary routine, notwithstanding exceptions.

  • Calculate your deadline to respond
  • Evaluate your options
  • Prepare a response
  • File your response with the court
  • Give plaintiff a copy of your response
  • Know what to expect next

 IMage of contract being signed in Montgomery county

A Civil lawsuit happy generation

Just because you are being involved in a suit is no indicator you have done anything wrong in fact many clients from many firms are found to have no wrongdoing and modern judges are good at figuring out what’s actually going on and getting to the bottom of it, but you can still be looking at settlements or default judgments if you do nothing or don’t prepare well.

Be at least few moves ahead in Civil Law

I’ve been surprised in court a few times, but normally I know the range of what to expect is fairly ordinary,  Perry Mason, Matlock, and surprises witnesses are the things of television. in the real world, prep work and a systematic approach always seem to win the day.

The Work of a Conroe Civil Lawyer

I love my work, my job lets me fight for justice on behalf of people of Montgomery county. I think those are my favorite days in court, “to be tired from a good fight,  fighting on my personal field of battle on behalf of of my clients.

 

 

Montgomery County DWI no refusal weekend.

Montgomery County DWI no refusal weekend.

It’s Labor Day, and while that means a day off work for most of us, the boys in blue are going to be pulling double shifts in the name of roadway safety.

No refusal weekend

Starting Thursday, May 24, 2018, and continuing through September 3, 2018, the Montgomery County District Attorney’s office, in concert with both state and local law enforcement agencies, will increase No Refusal Operations on the roads of Montgomery County. The goal of this initiative is to prevent boating and traffic-related crashes and deaths caused by impaired drivers during the upcoming summer season – the roughly 100 days between Memorial Day and Labor Day when alcohol and drug-related crashes and fatalities are on the rise

blood test for no refusals weekend

During this time period, the District Attorney’s office will provide access to prosecutors, nurses, and investigators at various locations throughout the county and on the Lake to assist law enforcement in obtaining blood evidence in cases were a DWI/BWI suspect refuses to provide a sample for testing. The process is simple but effective:

 

  1. An officer makes a DWI/BWI arrest and asks the suspect for a breath or blood sample.
  2. If the suspect refuses, the officer then meets with a prosecutor who will draft a search warrant for the suspect’s blood.
  3. The warrant is sent to an on-call judge who will review the warrant for probable cause
  4. If probable cause is found, a nurse will then take a sample of the DWI/BWI suspect’s blood.

Montgomery County & Texas DWI & Fatal Crash Fact Sheet:

In 2016, 3,773 people died on Texas roadways; 987 of those were in crashes where a driver was under the influence of drugs or alcohol, and 455 deaths were the result of distracted driving.
In 2016, 265,076 people were injured in Texas motor vehicle crashes.
Montgomery County, Texas, has the highest fatality rate in the state for counties with over 500,000 residents.
Each year in Montgomery County, there is on average 60 fatal crashes. Of those fatal crashes, more than half occur because a driver is intoxicated on drugs or alcohol. And of the alcohol/drug related fatalities, more than 50% of the time, the intoxicated driver kills themselves in a single car crash.
In 2016, the average Blood Alcohol Concentration (BAC) for those DWI suspects arrested in Montgomery County where a blood search warrant was obtained was 0.18, over double the legal limit.
In 2016, 751 blood search warrants were obtained in DWI cases in Montgomery County.
After being arrested for DWI, a person can spend on average $12,000.00 in attorney’s fees, driver’s license suspensions, and fines and court costs.
Source: Montgomery County District Attorney’s Office, Vehicular Crimes Division – “100 Deadliest Days of Summer”

How to be a good witness.

Are you required to testify in a divorce or custody battle for a friend or loved one?

We have seen well-intended friends and family work their hardest to unintentionally wreck a benign situation by losing all creditability by acting improperly on the stand, you see, sometimes the way someone reacts in avoiding the truth is registered in the mind of jurors as much worse than the truth. 

Every time on the stand-just telling the truth, regardless of how painful or seemingly damning it seems is the best course of action. People on the stand feel like the world is caving in on them, their amygdala  (which is the structure of the brain which motivates the fight or flight response) is raging, and that isn’t a good thing for a witness to be wrestling with while trying to account details regarding while recalling facts.

Lawyers see this in court every day. The prosecutor examines the witness and it seems like an open and shut case, people minds are made up about the facts… Until… The defense’s cross-examination begins and all of a sudden everything seems to be more understandable as situations are explained and intentions seem noble. This is whats referred to as the “cadence of the case.” Humans have a hard time letting opinion swing so hard in a way that isn’t accurate to intent or the situation and being the complex mental process of trying to swing the fact under their own power as a witness, which is end result is counterproductive.

Montgomery county lawyer integrating wittness

We can explain many negative facts away, what we can not get back is credibility.

 

Here are some tips on how to be a good witness:

  1. Tell the whole truth, Not part of the truth. Don’t exaggerate the truth.
  2. Only answer the questions asked. Don’t get off topic, or you may find your self on the Judge’s bad side.
  3. Look the Judge square in the eyes. The judge is normally the person you’re talking to if you’re speaking to a jury, pick three or so members and rotate eye contact between the members.
  4. Don’t lose control of your emotions. While tempered emotions can be used to drive home your point,  out of control emotions will cause damage to your credibility.
  5. Think positive. Don’t use this as a chance to take cheap shots, remember you have the floor and were looking for fact-based arguments to build a case from, opinions, aren’t worth much in a court of law.
  6. Everything is being observed. Unless you have been trained as a spy, court officials are better than average at figuring out when someone not telling the truth.
  7. It’s normal to confront the hard questions head-on. Nothing feels worse in court than leaving an exposed “gotcha” moment, especially one in which could have been avoided simply by mentioning it first.
  8. Listen to the question carefully and fully before giving an answer. Watch for the opposing attorney to reframe the question into something that mischaracterizes the witness’ statements.
  9. The calmest mind wins. We as humans act as amplifiers of sorts between us during normal interaction; in-that anxiety or panic tends to spread as well as being calm and level-headed, the most mature among us are typically look-to as anchors for the less experienced ones.
  10. Always pause before answering to give your lawyer time to object. The judge will decide if it’s pertinent enough to demand further explanation.

Picture of man testifying in family law case

 

Being a good witness is in part training. Contact us if you have any questions at 936-441-2999

Kratom

A Montgomery County Lawyer Talks About Kratom.

It’s our opinion  that in the early 2000’s, The pain management Doctors of America started overprescribing many drugs, leading to whats known as “The opioid crisis.” Pharmaceutical companies also played a big part in creating the epidemic by marketing the drugs as safer than they actually are.

In 2017 64’000 people died from known opioid overdoses.

Deaths attributed to the opioid crisis is 64'000 in America

What we like about kradium is that it does not depress breathing, opioid drugs all depress the breathing.

If you see anyone overdosing on opioids breathing shallows until breathing stops. Call 911 regardless of the situation, (many co-users have watched a partner die because they were scared of the consequences) The truth is a co-user could be held responsible for manslaughter in letting a peer die as a result of non-action.

Call 911 make sure you tell the operator the responder will need Narcan and begin rescue breaths.

 

Kratom is an over the counter natural product that many opioid drug users say helps them come off the harder drugs. The DEA disagrees about its potential for abuse.

We have mixed feelings about substituting one drug for another, but some people feel it helps.  The problem is that in our opinion, lawmakers and the pharmaceutical industry helped create the problem in addicting thousands to dangerous drugs, now we have a population wanting help from whatever source they can find it, but the law of unintended consequences would make it available to all people including those who are not looking for relief, but looking to get a buzz.

kratom plan, in green leafy raw form

Kratom comes from Thailand, and its also illegal there to buy, sell, trade or possess.  however, no overdoses have been reported in Thailand, however, some have been reported in the U.S. the data becomes complex in that every case of overdose, other drugs have also been present.

 

 

As of January 2018, Kratom is legal without restriction everywhere in the state of Texas.

 

 

No pertinent legislation pertaining to kratom is pending or in the planned to be put to the vote. This means you can currently buy, sell, and possess as much kratom as you like in Conroe without concern over legal ramifications. Kratom’s legal status in Texas is perhaps a reflection of the state’s adoration of personal freedom.  Texas legislation tends to lean more towards granting more rights than restricting people.

We are not advocating drug use, the jury is still out on if kratom will, in fact, be safe for long-term use. However if someone is dealing with opioid addiction, I would prefer someone to take legal methods of avoiding relapse, however, we suspect the window of legality might be coming to a close in the near future, and for that reason, we suggest people take this golden window of opportunity to learn how to live sober.

Can I blow a under the legal limit and still get a DWI.

How it’s possible to be accused of DWI AND be under the legal limit.

We all know the legal limit is .08% as registered per breath or blood test, but urban legend says that some people have been arrested for a lesser BAC concentration, these lesser concentrations of BAC attribute to a small number of arrest, but we see them in the office from time to time and wanted to disseminate what we know.

Driving while not using whats considered normal physical or mental facilities while driving.

The officer has more discretion in regard to making an arrest for the DWI than you might think if they find a driver impaired in a noticeable way they have the authority to make arrest in order to prevent the driver from driving. No matter your results, from the test, extreme tailgating, reckless driving or deliberate running of traffic signals can all be indicators of impairment.

A driver measuring and admitting to only have one libation, but displaying the single drink is getting the best of him by interfering with judgment is at risk of being arrested despite only having a single drink and being under the legal limit.

 

Borderline BAC test.

Commerical limits for drunk driving are lower at .04, commercial drivers are expected to operate at a higher standard because of the added responsibility entrusted to them. Commercial drivers haul hazardous loads, and logic dictates that if someone is exhibiting poor judgment in one area, what’s to say the poor judgment isn’t being demonstrated in other areas? For these reasons a commercial driver even showing the slightest signs of impairment are given DWI’s, its considered a betrayal of public trust.

If an officer has a reasonable cause for suspecting the driver was over the limit at any point, for example, a man blows a .07 but states he was drinking at a bar over an hour away, the officer has the right to make the arrest and let the courts sort out the details.

Law enforcement assumes across all people that BAC drops by.015 every hour a person doesn’t drink, so a good DWI attorney will know the details of how to argue the specifics about this.

 

 

Zero tolerance

 

If a driver is under 21, the State of Texas had zero tolerance, any result over O.0 means they are legally intoxicated and can be arrested for DWI, this also applies to drugs, the under 21-year-old’s mind is not sufficiently developed in terms of judgment, so any judgment reducing activities such as drinking are seen as more than they can handle, because for a minor to be drinking it requires the breaking of at least two laws at the same time, many legal defences exist for such situations an experienced attorney will be able to present on your behalf.

 

Driving while unable to use your normal mental or physical abilities

As previously stated, Officers have more authority to use their judgment than normally known by the public, if the driver is clearly impaired, or driving recklessly, the officer has the ability to arrest them, even things like not slowing down for corners or changing lanes without the use of a signal can lead to DWI arrest.

 

It is our precise legal opinion that it’s simply not worth it to drive with alcohol in your system.

The system works against the driver in so many ways, that unless you are SOBER, we do not think the risk outweighs the reward, sleep in your car with the keys on the tire, call a friend or just wait. Many nights have ended in disaster from not being willing to do these things, however, if you find your self in this situation, look for a lawyer that will fight for your rights, so that you can have a life after DWI.

Contact us if you have any questions 936-441-2999 Montgomery County criminal attorney

Montgomery County Texas nondisclosure law options.

NEW NONDISCLOSURE LAW PASSED IN 2017 GIVES “SECOND CHANCE” TO THOSE PREVIOUSLY CONVICTED OF DWI.

Montgomery county non-disclosure law changes are making it better for those accused of DWI.

In 2017 the Texas legislature modified the nondisclosure statute that effects citizens of Conroe, Texas-to provide better access to those previously accused of DWI, this action is an attempt to lessen long-term damage to job seekers criminal background checks to provide relief in the fiercely competitive job market. Before this modified nondisclosure law, if you pled guilty to a DWI, the conviction record would stay on your record FOREVER.

 

squints uncle from the sandlot saying forever
DWI’s don’t necessarily have to be forever.

 

This law makes provisions for a select group to petition for non-disclosure which seals the conviction record to potential employers by removing the offense from available databases.

Several things could prevent qualification-

Five things could potentially prevent you from being granted a non-disclosure order:

  • All person awarded the non-disclosure must be a true first offender.  Any conviction other than Class C offenses or any higher charge that resulted in a deferment would automatically disqualify the person from consideration.
  • Second, the DWI conviction for which a person is seeking a nondisclosure must be a Class B charge.  Your blood Alcohol content had to be less than .15 at the time of test administration.
  • You are also not eligible if someone other than you was injured.
  • You can’t be involved in an accident at the time of the DWI.
  • If all the fines associated with the charge are not paid in full. 

There’s also a waiting period

If your plea resulted in

  • Probation AND an interlock for at least 6 months, it’s a two-year wait to file.
  • If your plea didn’t result in probation and an interlock it’s a five-year waiting period.

 

How long does the non-disclosure go back?

The new law went into in 2017, and the great part is new nondisclosure law is 100% retroactive!

 

I think I May Qualify for Non-disclosure. What Do I Do Now?

Your criminal background may not be the ever-present ball and chain to haunt you it currently is. In many cases, experienced lawyers may have many options even if you don’t qualify for the new Second Chance legislation, residents of Montgomery county you might have options you’re unaware of.

Montgomery country non-disclosure laws are available to all that qualify, and it’s our opinion, it’s not that hard to see if you meet the eligibility requirements, call a Montgomery country lawyer today.

Lawyers are your best friend in time of trouble or your worst enemy, chose your lawyer wisely.

School zone drug enhancement.

School zones add a special penalty enhancement that everyone on Texas needs to be aware of.

school zone sign

Keeping drugs away from school seems like a good idea to everyone.

The dangers of allowing drug dealers near children is self-evident, The Montgomery County District Attorney believes that the use and distribution drugs are the root crime that causes a cascade of other crimes, so protecting children from drugs is at the top of the State of Texas priority list, as it prevents delinquency and keeps the youth brilliant… At least that’s the intent.

Local woman arrested for marijuana near a school.

A recent example is a local mother allegedly speeding in a school zone. It appears the charge was upgraded as a result of the proximity to a school zone.

http://abc13.com/young-katy-mother-sues-after-alleged-rape-by-harris-co-jailer/3425908/

In Texas, drug-free zones extend 1000 feet from schools.

If you are stopped in a School Zone (Remember, 20 mph ) and you possession drugs, law enforcement will increase the charge to a higher level/penalty because of the implications regarding dangerous drugs and youth spaces. The special provisional enhancement charge increase isn’t limited to public schools but includes universities, arcades, public parks, youth centers and swimming pools open to the public.

Montgomery kids playing video games

 

Working definitions to know about drug-free zones

Schools are considered “drug-free zones”, in Texas if you are within 1000′ of such a zone, this specific statue is called out by the health and safety code Texas Health and Safety Code Section 481.134

 

1. Any location that is within 1000 feet of premises owned, rented or leased by

      • an institution of higher learning,
      • the premises of a public or private youth center, or
      • a playground;

2. or any location that is within 300 feet of the premises of

      • a public swimming pool
      • video arcade facility or
      • on a school bus.

Drug free school zones are a complex legal situation, one regularly argued that drug free school zones are manipulated by law enforcement by the officer lying in wait for the traffic stop until the person is near the school, then initiating the stop at the most ideal moment to give an extra card on the table to for prosecutors.  This is not the spirit of the law.  The law was intended to keep drugs away from children.  It was designed so that if a person was near a school to not sell or provide drugs to the children.  This specific situation violates the spirit of the law in my opinion. I have seen cases where an officer waiting just a bit longer to turn on his lights in order to make what should be a simple misdemeanor marijuana possession a state jail felony, or state jail.  It would not be uncommon for a person who smokes marijuana to leave it in an ashtray or somewhere in the vehicle  Schools Zones are everywhere.

Drug-free zone arrest is a trump card for law enforcement and prosecutors of Montgomery County, it also means the defendant has more at risk in the event of a jury trial, as this type of case has more nuances as tends to be complex.  There are defenses and issues that must be raised by the attorney you hire.

 

Meet the ATF

The AFT

AFT Conroe Texas

Alcohol and tobacco are generally considered taxed in a special category known as a sin tax, so its quite odd that firearms, a precursor to an armed militia as spelled out in the 2nd amendment of the Bill of Rights would be included in their jurisdiction- we we asked our self, how did these two seemingly unrelated things end up regulated by the same government authority? and whats the extent of their authority?

 

The ATF could be more accurately be the called the AFTAE (alcohol, tobacco, firearms, arson and explosives.)

The AFT was once part of the federal Department of the Treasury,  however; as of 2003  it became one of the  agencies assigned to the federal Department of Justice. Once under the jurisdiction of the federal Department of Justice its mission was expanded to include explosives.  When the AFT was under the Department of Treasury jurisdiction it was also responsible for  a special class of tax, the “sin tax” previously mentioned pertaining its special jurisdiction. When becoming part of the federal Department of Justice it forwent those responsibilities transitioning to a more enforcement role.

Duties of the ATF

Alcohol, tobacco, firearms and explosives — seems like a normal day in Conroe honestly.

Most people know about the ATF’s history in the enforcement of firearms, in fact the AFT is the organisation that licences firearm sales since the implementation of the The federal Gun Control Act. The AFT is responsible for enforcing all federal firearms laws, including things like the well known Brady Act, which is the federal law that requires gun dealers to require background checks before firearm sales.

The Brady Handgun Violence Prevention Act- Is named after a national Hero James Brady who stopped the assassination attempt of Ronald Reagan by sacrificing him self.

In 2003 the bureau of Alcohol, Tobacco and Firearms had the previously mentioned expansion into explosives and arson, ATF would be responsible for a mass terror attack by IED much in the way the  National Highway Traffic Safety Administration would be for a large scale public transport accident.  The ATF also investigates crime scenes, such as that of the Mandalay bay shooting, in order to detect the use of the materials used.  This information can lead

They would serve to act as a point of records, sharing with other branches of law enforcement records of sale and storage, import/export records, database management for people suspected of suspicious behavior. ]

Organised crime

Though less prominent these days, the ATF is still actively engaged in the enforcement of alcohol and tobacco laws. For example, organized crime groups engage in buttlegging, which is the illegal transport of cigarettes from a state with a low tax rate to a state with a high tax rate in order to resell the cigarettes on the black market. It’s an attractive type of crime because states each set their own tax rates on cigarettes. As a result, one truckload of trafficked cigarettes can lead to a profit of $2 million when resold in another state.

ATF confiscating illegal alcohol, in Elk Lake, Canada, in 1925.
ATF confiscating illegal alcohol, in Elk Lake, Canada, in 1925.

The ATF is a valuable resource and continues to support the people of Montgomery County in their refusial to accept lawlesness our County.