Blog Posts in July, 2012

  • No-Refusal Weekend - Denton County Defense Attorney

    || 31-Jul-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com As with most major holiday weekends, and more non-holiday weekends, this weekend will be a "No-Refusal" weekend for DWI investigations in Denton County, and in many other places in Texas. Additionally, State and local law enforcement agencies will have additional patrols all over the county to beef up DWI enforcement. ...
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  • Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com Watch the video: http://video.foxnews.com/v/1741608072001/cop-slams-alleged-drunk-drivers-head-into-patrol-car/ New Year's Eve 2012 was not a good one for the Austin Police Department. KXAN has brought another controversial DWI arrest that same night to light that has led to the suspension of Austin police officer Sean ...
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  • They're Heartless, but at Least They're Incompetent

    || 27-Jul-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com § 22.08. AIDING SUICIDE. (a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide. (b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted ...
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  • Polygraph Examinations

    || 26-Jul-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com Sometimes a polygraph ("lie detector") examination report is helpful in the defense of a criminal case. Such reports are not generally admissible at trial, so that the jury will probably never see the report. But it might be a useful tool in convincing either the prosecutor or the grand jury not to proceed with the case. ...
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  • Colorado Attack Victims May Have Little Chance in Suits

    || 25-Jul-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com Family members of those killed and survivors of the shooting at an Aurora, Colorado, movie theater may find it difficult to pursue civil liability claims tied to the attack, which resulted in 12 dead and 58 injured. The potential for liability would center on the safety and security procedures at the theater where the July 20 ...
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  • Texas Statute of Limitations

    || 24-Jul-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com Several cases have come into the office recently in which the statute of limitations (SOL) was a big question for the client. An expunction case, for instance, might not be ripe for filing until the SOL has expired. Potential clients often ask why the prosecutors took so long to indict them and whether the delay can help their ...
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  • The Hole In The Non-Disclosure Statute

    || 23-Jul-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com Non-Disclosure is a great way for persons to get a fresh start after running afoul of the law, getting deferred adjudication, and completing the deferred successfully. Orders of Non-Disclosure seal those records from dissemination into the public domain by the custodian of records, the Texas Department of Public Safety. However, ...
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  • Tim Powers Law Offices of Tim Powers Denton, Texas 940.580.2899 www.timpowers.com The Texas Court of Criminal Appeals Rules That Blood-Draw Search Warrant In DWI Case Cannot Be Issued By Statutory County Court Judge Of Another County. In Sanchez v. State of Texas, the Court of Criminal Appeals recently upheld the ruling of the First Court of Appeals that a Montgomery County, Texas county court ...
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  • Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com House Bill 2649 Overview Offenders serving a sentence for a state jail felony currently do not earn good conduct time for time served in the facility. However, with the passing of House Bill 2649 in the 82nd Texas legislative session, some state jail offenders may be awarded diligent participation credit by their sentencing judge. ...
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  • Never give up - Denton County DWI trials and Appeals

    || 18-Jul-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com Almost a year ago we tried a DWI case to a jury at the Denton County Courthouse. In and of itself that is nothing unusual for this firm, we are DWI trial attorneys and that is what we do. I often tell potential clients I think we try more DWI trials in Denton County Texas that any other lawyer I know. We try all types of DWI cases; ...
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  • Tim Powers Denton Criminal Defense Lawyer Law Offices of Tim Powers, Denton, Texas 940.580.2899 www.timpowers.com The Sixth Amendment to the United States Constitution provides that, In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, and to have the Assistance of ...
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  • Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com Juvenile Law Mandatory Sentences Barred Murder is a horrible, heinous crime. All agree to that. Prior to this week, 28 states had laws on their books that mandated to sentencing juvenile offenders to life in prison without parole. The issue is that the justice system views juvenile offenders as too young and tender to appreciate ...
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  • Defendant's Rights

    || 10-Jul-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com Since its inception, the United States has been unique in its concern for fairness and justice in the legal process. Every single citizen and legal resident of the U.S. is guaranteed certain rights under the Constitution. Even those accused, charged, or convicted of a criminal offense still retain legal rights. In the event that ...
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  • Criminal Case Process - The Basics

    || 9-Jul-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com Understanding the criminal process from arraignment to appeal This article was written with the defendant's thoughts, questions and next steps in mind. It is the first step in learning the basics about the criminal justice process. What should the defendant expect at each stage of their case? How do the laws differ from state ...
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  • Criminal Case Process - The Basics

    || 9-Jul-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com Understanding the criminal process from arraignment to appeal This article was written with the defendant's thoughts, questions and next steps in mind. It is the first step in learning the basics about the criminal justice process. What should the defendant expect at each stage of their case? How do the laws differ from state ...
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  • Criminal Case Process - Plea Bargaining and Bail

    || 9-Jul-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com Plea Bargaining 95% of all cases end in a plea-bargain. Plea-bargaining is an excellent way to avoid a potential stiff conviction in favor of an agreed upon lighter conviction. For instance, in a drug possession case, a judge may be convinced to dismiss the charges in return for the defendant's successful completion of a ...
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  • Criminal Case Process - Felony

    || 9-Jul-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com Felony: The Arraignment to Appeals Process Arraignment The arraignment in a felony trial follows the same process as in a misdemeanor trial. Bail and identity are established, charges are ascertained and the attorney of record is confirmed. An arraignment is a virtual formality prior to trial. Very few cases are dismissed at ...
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  • Criminal Case Process - Misdemeanor

    || 9-Jul-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com Misdemeanor: The Arraignment To Appeals Process Arraignment The defendant may plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, he may expect to be sentenced. Very few cases are dismissed at arraignment. At an arraignment, it is possible for the prosecution to waive or eliminate the possibility ...
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  • Criminal Case Process - FAQs

    || 9-Jul-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com FAQ's – Answers to important questions What type of sentence may the defendant expect to receive? There are a myriad of sentencing options for the judge to consider. Sentencing is based on the nature of the case, the defendant's past history, and the defendant's threat to the community. Some sentencing options ...
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  • Criminal Case Process - Plea Bargaining and Bail

    || 9-Jul-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com Plea Bargaining 95% of all cases end in a plea-bargain. Plea-bargaining is an excellent way to avoid a potential stiff conviction in favor of an agreed upon lighter conviction. For instance, in a drug possession case, a judge may be convinced to dismiss the charges in return for the defendant's successful completion of a ...
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  • Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com When the Los Angeles Police Department recently asked the Federal Bureau of Investigation to examine crime-scene evidence in a two-decades-old murder case, the request shed light on a phenomenon that many find hard to believe in: false confessions. On a March day in 1983, Bruce Lisker arrived at his parent's house in a suburb ...
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  • Understanding the Miranda Rights

    || 3-Jul-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com You Have the Right to Remain Silent Those words have been popularized in television and movies, and many people recognize them as the opening of the Miranda rights. But what those rights are, and what results when police officers fail to read them to criminal suspects, are topics that are frequently misunderstood. Before Miranda, ...
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  • The Police Can (and Do) Lie to You

    || 2-Jul-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com In his closing argument in State of California v. O.J. Simpson, Johnnie Cochran told the jury how they should view Detective Vannater's testimony: You can't trust him. You can't believe anything he says because it goes to the core of this case. When you are lying at the beginning, you will be lying at the end. The book ...
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