For those participating in peaceful protests at the NRA Annual Meeting in Houston, Texas this weekend, below are a few things to remember: Know your rights. We all have First Amendment rights to peacefully protest in public, regardless of your immigration status. Know your surroundings. If the peaceful protest becomes violent, try to quickly and calmly move away from the area. Although you have the right to protest in public, you aren't allowed to obstruct roadways without a permit. You have the right to video police officers in public, as long as you aren't physically interfering with ..read more

If you are accused of any crime in the United States of America, it is not your responsibility to help your accuser prove that you have committed that crime or to help your accuser gather evidence that will help him prove you have committed that crime. The 5th Amendment of the United States Constitution protects U.S. citizens from having to incriminate themselves. In any criminal matter, you are innocent until proven guilty. It is not incumbent upon you to help the police or the state of Texas prove that you have committed a crime…any crime…even driving while intoxicated. If you ..read more

The police officer who confiscated your license issued you a “Notice of Suspension, Temporary Driving Permit,” in the form of a yellow piece of paper called a DIC 25. In Texas, having a driver’s license is a privilege and not a right. Licensees have an implied contract with the State, wherein you agree to abide by certain laws (like not driving while intoxicated) in exchange for said privilege. Under this contract, there is also implied consent that you agree to give a breath or blood sample to any police officer suspecting you of DWI. See Chapters 524 of the Texas Transportation Code&nbs ..read more

On June 24, 2022, the Supreme Court of the United States overruled landmark abortion case Roe v. Wade, allowing states to now criminalize abortion. In Texas, a trigger law will automatically ban all abortions (except to save the life of the mother) 30 days after the Supreme Court judgment is issued. It’s important to note that a judgment has not yet been issued and could take several weeks or months. But Texas Attorney General Ken Paxton has already issued an advisory memo encouraging Texas prosecutors to immediately pursue criminal charges for abortions based on an old Texas law outlawing abo ..read more

Beginning September 1, 2017, a new Texas law gives many first-time DWI offenders an opportunity to seal the conviction from their record. Contact Matt DeLuca Law at (713) 429-4400 to discuss your eligibility. The new law allows those who qualify the opportunity to file a petition for nondisclosure. If granted, the nondisclosure would seal the DWI conviction from the general public, and allow you to withhold it from any application for employment or licensing. Do I qualify? To be eligible, the DWI conviction must have been a “first offense” under Texas Penal Code § 49.04, and there must not hav ..read more

In addition to the criminal fines and penalties, if you are convicted of Driving While Intoxicated in Houston, Texas, you will likely have to pay for bail (to get out of jail), have an ignition interlock installed in your vehicle, and towing charges because your car will likely be impounded. If convicted there will also be Driver’s License Surcharges (these surcharges may be waived if you are found indigent Tex. Transp. Code § 708.102 & § 701.158) for 3 years after the conviction, consisting of: • DWI 1st Offense: $1,000 • DWI Subsequent Offense: $1,500 • DWI with BAC of .16 or higher $2,0 ..read more

DWI First Offense 1) Maximum 6 month jail time This can be probated for up to 2 yrs, however, A person placed on probation for DWI is not eligible for early discharge (Tex Code of Criminal Procedure Article 42.12 Section 20) While on probation you must pay probation fees, court fees, any fines levied, which can be up to a max of $2,000, and you must complete volunteer work at a place determined by the probation department. You will also be required to complete some form of recommended counseling and a DWI education program. If you complete this training within 6 months of being placed ..read more

Your First Court Appearance in a DWI Criminal Matter If you are arrested in Houston, Texas for a DWI Offense, your case will be assigned to a certain criminal court. Misdemeanor cases are usually assigned to county courts, while felony cases are assigned to the state district courts. You should hire an experienced Houston DWI Lawyer prior to your first court hearing. Your attorney will review the evidence against you, like police reports and test results, and also attend all of your court appearances with you. Your lawyer will also discuss your case with the prosecutor assigned to yo ..read more