Carl Henry Judin III, Attorney and Counselor Carl Henry Judin III, Attorney and Counselor 2025-11-12T16:14:15Z https://www.judinlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1404967/2020/10/cropped-favicon-32x32.png On Behalf of Carl Henry Judin III, Attorney and Counselor <![CDATA[When is it legal for police officers to search a residence?]]> https://www.judinlaw.com/?p=47094 2024-07-08T13:57:34Z 2024-07-08T13:57:34Z When they have a warrant Judges have the ability to permit a search of private property. So long as police officers have adequate evidence of criminal activity or a compelling reason to believe there could be evidence of such activity at a private property, a judge may grant them a search warrant. Those who answer the door to find officers with a warrant outside often need to check that document carefully. The lack of a judge's signature or small mistakes, like the wrong address, could render a warrant invalid. Otherwise, property owners and residents usually have to submit to a search when police officers have a warrant.

When they have probable cause

Sometimes, police officers don't wait to search until they go to court. Instead, they act immediately because they believe there is reason to do so. They may have smelled what seems to be a drug odor coming from the residence. Perhaps they chased someone from the scene of a crime and believe that person has entered a residence. When police officers can articulate a specific suspicion that justifies accessing and searching a property, they can do so without violating the law. Probable cause is not just an unfounded suspicion but rather a clear concern about a specific type of criminal activity.

When they obtain permission

Many police officers don't have probable cause to suspect criminal activity and do not have any compelling information to convince a judge that they need a warrant. They instead ask to come inside and talk to someone after knocking on their front door. It is quite common for people to cooperate with the police by inviting them inside. Once police officers have permission to enter, they can use anything potentially illegal that they notice inside as justification to search. In cases where police officers conducted inappropriate or illegal searches, their actions can undermine the state's case. A defense attorney can sometimes exclude evidence obtained through an illegal search from criminal proceedings. Analyzing the origins of certain evidence could help people develop a criminal defense strategy. The successful exclusion of certain evidence from a trial could lead to the dismissal of charges or increase someone's chances of exoneration.]]> On Behalf of Carl Henry Judin III, Attorney and Counselor <![CDATA[Why injuries and illnesses may lead to drug charges]]> https://www.judinlaw.com/?p=47092 2025-03-07T12:21:33Z 2024-06-04T11:56:00Z Many prescribed drugs are addictive People tend to think of prescription medication as inherently safe. However, prescription medications are controlled substances. The state regulates the possession and dispensation of those substances in part because they are dangerous to the public. They pose a risk of abuse or chemical dependence. Physicians may limit how much medication they prescribe and oversee someone's reaction to treatment carefully to monitor for warning signs of substance abuse or bad reactions. Doctors typically limit how much medication people take overall and may even intentionally taper someone off of a medication by slowly reducing the dose they receive over multiple days or weeks. Such efforts can reduce the risk of substance abuse issues but do not eliminate the possibility of chemical dependence by patience.

Patients may turn to alternate sources

Those who no longer have valid prescriptions for medications may start seeking out those same substances on the unregulated market. They may increase how much they take and how frequently they use the medication. Eventually, they may get arrested while in possession of a medication without a valid prescription. These defendants may need help, not punishment. The reality for many people facing drug charges is that they are in a situation that has spiraled out of their control. They may feel so afraid of withdrawal or so acclimated to using the substance that it takes an arrest for them to realize how much their life has changed since their medical challenges. Pending drug charges can be a wake-up call to help people realize that they need rehabilitation support. Seeking alternative solutions to traditional prosecution, including drug court and rehabilitation services, can potentially help people overcome personal issues that began with a medical challenge.]]> On Behalf of Carl Henry Judin III, Attorney and Counselor <![CDATA[What factors increase the severity of a Texas DWI charge?]]> https://www.judinlaw.com/?p=47090 2024-05-07T22:18:19Z 2024-05-07T22:18:19Z Prosecutors can sometimes increase the charges Basic DWI offenses are typically misdemeanors in Texas, but the presence of certain aggravating factors could lead to the state pursuing felony charges instead or in addition to misdemeanor DWI charges. Perhaps the most serious aggravating factor is causing harm to another person due to intoxicated driving. Someone accused of a DWI causing bodily injury or death could face felony charges instead of a basic misdemeanor DWI offense. Intoxication assault and vehicular homicide are both felony offenses. Driving with a teenager or child in the car could also lead to more serious criminal charges. If there is a vehicle occupant who is under the age of 15 at the time of someone's arrest, the state can accuse them of not just a DWI offense but also felony child endangerment. Finally, even without any secondary factors complicating the situation, repeat arrests can lead to worse charges. In Texas, prosecutors can pursue a felony DWI charge against anyone who has two or more prior DWI convictions on their record. The possibility of more serious charges is one reason why even those accused of a first-time DWI may want to respond assertively to the allegations brought by state prosecutors. Learning more about how Texas chooses the charges and what penalties are possible may be beneficial for those facing DWI allegations. There could be a variety of different defense strategies available depending on the situation that have led to someone's arrest.]]> On Behalf of Carl Henry Judin III, Attorney and Counselor <![CDATA[Can drivers refuse to perform field sobriety tests in Texas?]]> https://www.judinlaw.com/?p=47088 2024-04-09T17:31:26Z 2024-04-09T17:31:26Z People may misunderstand the law Members of the public generally need to cooperate with law enforcement except when doing so could violate their rights. Those who don't know the law may acquiesce in cases where they don't need to do so. Texas does have an implied consent law that relates to chemical testing. Licensed drivers on public roads have effectively already given their implied consent to undergo chemical tests if police officers have probable cause to believe they are under the influence. In other words, once an officer arrests someone for a DWI, it is a separate legal violation to refuse a chemical test. The implied consent law only applies when an officer has lawful grounds for a DWI arrest. It also only applies to chemical testing and not to field sobriety tests. The law in Texas does not mandate that drivers submit to field sobriety testing. Drivers can decline testing if it makes them uncomfortable to exit their vehicle. They should not face immediate arrest or any secondary consequences for refusing to perform field sobriety tests. Drivers who are aware of their rights are in a better position to assert them during a DWI traffic stop. Learning more about Texas law and limits on police authority may benefit those who enjoy alcohol safely but worry about encountering officers on the road.]]> On Behalf of Carl Henry Judin III, Attorney and Counselor <![CDATA[How a guilty plea could affect a defendant’s future]]> https://www.judinlaw.com/?p=47086 2024-03-07T22:49:09Z 2024-03-07T22:49:09Z A guilty plea can lead to serious penalties Despite the common expectation that a judge may sentence someone leniently after a guilty plea, that is not always the case. When someone enters a guilty plea in Texas, that process involves the courts warning someone of the potential consequences because of the penalties possible. A judge decides at their own discretion what consequences to impose after someone enters a guilty plea. Judges can sometimes hand down the maximum possible sentence even after a defendant agrees to cooperate with the state.

A guilty plea means a permanent criminal record

Someone who successfully fights their criminal charges can avoid a criminal record and the setbacks associated with a conviction. Someone who pleads guilty, even if the state allows them to plead to a lesser offense, has the stigma and burden of a criminal record to deal with indefinitely. Those performing background checks frequently assume that the person who pleaded guilty to an offense was guilty of the original charge, not the lesser offense involved in their plea arrangement. People may lose out on employment opportunities, rental housing and financial aid for college or postgraduate education because of a criminal record. Depending on the charges that someone faces, there might be a number of different ways to successfully defend against pending criminal allegations. Fighting back against criminal charges may lead to a more favorable outcome than pleading guilty and placing oneself at the mercy of the courts.]]> On Behalf of Carl Henry Judin III, Attorney and Counselor <![CDATA[How long does it take to complete drug court in Texas?]]> https://www.judinlaw.com/?p=47084 2024-02-06T17:32:24Z 2024-02-06T17:32:24Z adult drug treatment courts are an alternative to traditional criminal prosecution. Someone who qualifies for drug court proceedings can potentially avoid criminal penalties and a criminal record if they complete the process successfully. However, drug court is much more complicated than a traditional criminal trial. It involves close oversight of an individual orchestrated by the drug courts.

Drug court is often a multi-year process

In traditional criminal cases, those accused of breaking the law tried to prove that they did not do something illegal. The process can take anywhere from a few days to multiple years depending on the circumstances. During drug court proceedings, people assert that the crime they stand accused of relates to a substance abuse disorder rather than any criminal intention on their part. The courts help provide support by requiring the completion of treatment programs and monitoring someone's progress. The defendant may meet with court officials regularly and has to complete specific requirements set by the judge hearing their case. Inpatient rehabilitation, regular counseling sessions and randomized drug testing are all common components of Texas drug court proceedings. People have to commit to sobering up and getting help to successfully complete drug court requirements. It usually takes approximately two years to complete the entire process from beginning to end. While going through the Texas drug courts may take much longer than entering a guilty plea or going to trial, the outcome can be much more favorable for the defendant. They avoid the major setbacks created by having a criminal record and the penalties that the courts could impose after they plead guilty or get convicted. Drug court can be a viable alternative to traditional court proceedings when someone believes that their criminal charges have a direct relationship with a substance abuse issue.]]> On Behalf of Carl Henry Judin III, Attorney and Counselor <![CDATA[3 factors that can aggravate Texas DWI charges]]> https://www.judinlaw.com/?p=47082 2024-01-09T14:08:45Z 2024-01-09T14:08:45Z Endangering minors One of the scenarios in which the state pursues enhanced charges after a DWI arrest involves having other people in the vehicle. Specifically, Texas prosecutors can bring felony charges against someone arrested for a DWI with a passenger who is under the age of 15 in their vehicle. Children and young adults typically do not have the ability to refuse to ride with an adult who is under the influence, and the state can increase both the charges and penalties possible if someone puts a child at risk when they choose to drive after drinking. Prosecutors can pursue child endangerment charges in addition to a DWI offense.

Injuring others

The outcome of a drunk driving situation influences what charges the state pursues. If someone causes a crash that injures another person or leads to someone dying, the driver accused of impairment May face felony charges. Prosecutors have the option of pursuing intoxication assault or intoxication manslaughter charges depending on whether a drunk driving incident hurt someone or resulted in someone's death.

Having a prior record

Someone accused of a first DWI offense will face more lenient charges and less severe penalties than someone who has repeatedly broken the same law. The possible penalties increase with each subsequent DWI charge. In some cases, repeat offenses can be enough on their own to justify felony charges. Understanding how the state handles DWI charges may inspire Texas defendants to respond proactively after a drunk driving arrest.]]> On Behalf of Carl Henry Judin III, Attorney and Counselor <![CDATA[What is “swatting” and can you get into trouble for it?]]> https://www.judinlaw.com/?p=47080 2023-12-06T20:48:42Z 2023-12-06T20:48:42Z Why is it done? Swatting can have a huge psychological or emotional impact on victims. The sudden intrusion of heavily armed law enforcement officers into their homes can be hugely traumatic. Unfortunately, it can also be fatal. There have been incidents where victims of swatting have been physically hurt or killed when the police made their raids. Sometimes, young people view swatting as nothing more than a prank – but swatting is highly illegal. It not only wastes public resources and costs the taxpayers money, but it puts people in very real danger. In Texas, swatting is punished under Penal Code 42.0601, or “false report to induce emergency response.” Without any aggravating factors or prior criminal history, this crime is a Class A misdemeanor, which can be punished with up to a year in jail and a $4,000 fine. If the perpetrator has two prior convictions for false reports to induce an emergency response, they could face a $10,000 fine and up to two years in jail. If anybody is seriously injured or killed, however, the crime is considered an aggravated offense and it becomes a third-degree felony. If convicted on that charge, a defendant faces a prison term of up to 10 years. If you’re accused of swatting, you need experienced legal guidance. The wisest move you can make is to invoke your rights and remain silent until you can learn more about your rights and potential defenses.]]> On Behalf of Carl Henry Judin III, Attorney and Counselor <![CDATA[Who qualifies for adjudication in Texas drug courts?]]> https://www.judinlaw.com/?p=47076 2023-10-29T15:57:16Z 2023-10-29T15:57:16Z The state has special rules for drug court eligibility One of the most important considerations when looking at someone's eligibility for the Texas drug courts is whether or not they have a substance abuse issue. Those with a prior diagnosis may have the easiest time asking for the support of the drug courts. However, people can also seek an evaluation after their arrest that affirms their claim that a substance use disorder directly contributed to their conduct. Additionally, the rules for the Texas drug courts require that the person be a non-violent offender. Provided that someone meets both of those standards, diversion through the drug courts may be an option in their case.

What does the drug court process entail?

Going through drug court does not involve mounting a defense to criminal charges. Instead, the defendant asserts that their conduct relates to chemical dependence. They ask the courts to oversee treatment so that they can improve their circumstances. The drug court process involves multiple months of mandatory meetings with court specialists and rehabilitation professionals. People typically also have to submit to randomized drug testing. If someone is able to complete the entire process, they can move on with their lives without a criminal conviction. The courts will not impose any formal criminal sentence. In other words, the defendant won't spend time in jail. They will also avoid a criminal record that would turn up whenever they have to undergo a background check. Although it can be difficult to successfully navigate the Texas drug courts, doing so can significantly reduce the impact that drug charges have on someone's life. Learning about every option when facing criminal charges in Texas may benefit those who don't want a single mistake to change the course of their lives. Seeking legal guidance is a good way to get started.]]> On Behalf of Carl Henry Judin III, Attorney and Counselor <![CDATA[New penalties for Texas drunk driving convictions]]> https://www.judinlaw.com/?p=47074 2023-10-04T16:49:51Z 2023-10-04T16:49:51Z Serious financial consequences Signed by Gov. Greg Abbot in June and formally categorized as intoxication manslaughter, offenders convicted of operating any motorized craft while under the influence will be required to make child support payments. Those installments will continue until the child turns 18 or graduates from high school, whichever comes later. The new law also accounts for those who cannot pay the restitution due to incarceration. Instead, their installments must start by the first anniversary of the day they are released. Similar bills have been introduced in 24 other states with more likely to be added. Driving under the influence laws are becoming more severe with every new piece of legislation. The consequences of drunk driving are starting to go beyond incarceration and driver’s license revocation. The inability to legally drive a motor vehicle can impact all aspects of anyone’s life. However, criminal charges are not an automatic path to conviction.]]>