Recent Posts in Frequently Asked Questions Category

  • Tim Powers Law Offices of Tim Powers, Denton, Texas 940.483.8000 Attention! The City of Denton has now officially passed an ordinance that officially took place this past Monday, February 16, 2015. The City of Denton has made it illegal to have your phone in your hand while driving throughout the city. This includes texting, GPS, writing emails, checking emails, looking at photos, taking a ...
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  • What You May Not Know About DWI Tim Powers Law Offices of Tim Powers, Denton, Texas 940.483.8000 1. Although DWI stands for Driving While Intoxicated – Driving Isn’t Necessarily Driving The elements of a Texas DWI require that the State prove a person was “operating” a motor vehicle in a public place while intoxicated. Driving and Operating are two different things. Whether ...
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  • Tim Powers Law Offices of Tim Powers, Denton, Texas 940.580.2899 Often there are websites that are not regulated by most states because of their U.S. Constitutional rights of free speech. These websites obtain mugshots at the time of the arrest and post them. The problem with these websites is the fact that they cannot be regulated. So if a person gets arrested and it later becomes expunged, the ...
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  • Tim Powers Law Offices of Tim Powers, Denton, Texas 940.580.2899 We understand that being pulled over for a DWI is a very uncomfortable and nerve-wrecking situation. We are here for you; moreover, our main goal is to protect your rights. The legal definition of intoxication in Texas is: Not having the normal use of mental facilities by reason of the introduction of alcohol, a controlled substance, ...
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  • Our 4th Amendment Hangs on by a Thread – Supreme Court Gives Police New Power To Rely On Anonymous Tip Tim Powers Criminal Defense Attorney Denton, Texas The U.S. Supreme Court ruled Tuesday that police can stop and search a driver based solely on an anonymous 911 tip. The 5-4 decision split the court’s two most conservative justices, with Justice Clarence Thomas writing for the ...
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  • The Breath Test Machine in Texas – Problems with the Blow Tim Powers Law Offices of Tim Powers 940.580.2899 Intoxilyzer 5000 The Intoxilyzer 5000 is the breath test machine used throughout Texas to test possibly intoxicated persons who have been arrested for DWI and DUI under the current implied consent law. This machine is manufactured by CMI, Incorporated and is the predominant machine in ...
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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 ...
    Continue Reading
  • 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 ...
    Continue Reading
  • Can You Beat A Breath Test??

    || 15-Jun-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 www.timpowers.com As a highly regarded Denton County DWI Defense attorney, I invariably get asked "Well, how do I beat the breath test machine?" I always respond, "Don't worry about beating the Breath test machine. Worry about it beating you." What I mean by this is that the machine can over-report your true Blood Alcohol ...
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  • Criminal Arrests in Denton County Texas and the Foreign National Tim Powers www.timpowers.com We receive a lot of contacts from foreign nationals that have concerns after being arrested in Texas. The questions usually concern an immigration hold. When and how does an immigration hold occur? Federal rules dictate ( 8 C.F.R. § 287.6) : (d) Temporary detention at Department request. Upon a ...
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