Blog Posts in 2012

  • Do you know what to do if arrested?

    || 19-Dec-2012

    Were you arrested? If in an accident, do not discuss anything with anyone until talking with us. If hurt, seek medical attention immediately. If stopped by a police officer, after you identify yourself, you have the right to not say anything nor answer questions. All Criminal Cases Are Serious Remain silent (Tip: Ask first if you are free to leave) Talk to an attorney before answering questions ...
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  • Texas leads U.S. in DWI deaths

    || 17-Dec-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 Texas leads U.S. in DWI deaths; groups want sobriety checkpoints FORT WORTH — Advocacy groups calling for sobriety checkpoints in Texas want the state to crack down harder on drunken drivers, but no bills that would legalize the long-outlawed practice have been filed on the eve of the legislative session following years of ...
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  • NTSB recommends tougher DWI laws

    || 13-Dec-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 It's a pass or fail test, and requires blowing into a machine with a good hum as well as no alcohol in the system. There's a push for all states to have these devices in cars for all convicted drunk drivers, including first time offenders. It only took John Blackstock with Smart Start about 15 minutes to install an ignition ...
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  • By Mark Cooke, ACLU of Washington & Doug Honig, ACLU of Washington at 4:14pm Voters in Washington state, along with those in Colorado, made history on Election Day by passing laws that legalize, tax, and regulate marijuana for adults 21 and over. Washington’s law, Initiative 502 (I-502), passed with an 11-point margin, sending a clear message that the public is ready for a change in ...
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  • Could police checkpoints become permenant in TX?

    || 6-Dec-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 Can DWI checkpoints curb dangers? SAPD makes appeal by KENS 5 Staff Posted on December 5, 2012 at 11:32 AM Updated yesterday at 11:40 AM San Antonio police are asking state lawmakers to consider setting up permanent DWI checkpoints. Police Chief William McManus says this year San Antonio has had more then 7,000 DWI arrests. McManus ...
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  • Use of 911 calls in court. Are they admissible ?

    || 5-Dec-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 In a 2006 ruling, the Supreme Court of the United States has ruled many 911 calls are admissible. . Before this ruling, it was difficult to admit these phone calls when the victim herself does not appear in court. This is because of the Sixth Amendment's Confrontation Clause, which guarantees to a criminal defendant the right ...
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  • Pot Penalties are being reconsidered in some states

    || 4-Dec-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 Lower Pot Penalties Favored in Statehouse Commission recommends new felony to target large growing operations. by Maureen Hayden CNHI Statehouse Bureau INDIANAPOLIS — The head of the Indiana State Police may have surprised legislators last week when he told a state budget committee that he personally favored legalizing ...
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  • Just how serious have DWIs become in TX?

    || 3-Dec-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 Officials say DWI has serious consequences SEGUIN — Every 90 seconds someone is injured by a drunk driver. Every 52 minutes someone dies. Last December, 19-year-old Amber Robbins became one of those statistics — killed after Cody Lorenz, driving drunk, smashed into her car. His blood alcohol level was more than twice ...
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  • DWI Facts that will surprise you!

    || 29-Nov-2012

    If a defendant pleads guilty or no contest to a DWI case – there will always be a conviction on a criminal record (no such thing as a deferred adjudication on DWI cases). If there was an accident involved – there can be great financial differences between a no contest and a guilty plea or finding. If a defendant does not request a hearing within 15 days from the date of either an ...
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  • Drug Charges: What you should know

    || 28-Nov-2012

    General Information for our Clients: Drug offenses under the Texas Penal Code or the Health and Safety Code have have taken on significant importance in our area in the recent past. The tactics one must use to defend the innocent person charged with a drug offense continually change. Initially one has to determine with what the defendant is charged through the prism of legal definitions. The ...
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  • General Information on Texas Statutes

    || 27-Nov-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 Class C misdemeanors do not carry the possibility of confinement. They are punishable by fine only, and the fine may not exceed $500 (plus court costs). Deferred Adjudication can be granted which shall not exceed 180 days in duration. Traffic tickets are generally class C misdemeanors. Even though confinement can not be ordered as ...
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  • A DWI offer you can't refuse

    || 26-Nov-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 In a growing number of states, a DWI stop can lead to a roadside needle in your arm—and an involuntary blood sample Officer Taylor cruised through the Austin metro for almost two hours before she finally collared a drunk driver around midnight. Sure, it was a Wednesday night—but it was also Halloween. For Taylor, it was ...
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  • Tim Powers Law Office of Tim Powers 940.580.2899 Proposition 36: Voters overwhelmingly ease Three Strikes law By Tracey Kaplan Posted: 11/06/2012 08:30:20 PM PST Updated: 11/07/2012 03:02:32 AM PST Eighteen years after Californians overwhelmingly approved the country's toughest Three Strikes law, they did an about-face Tuesday, easing the ...
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  • Texas Expunction Law Changes

    || 6-Nov-2012

    Tim Powers Law Office of Tim Powers 940.580.2899 Good news and bad news, Texas expunction law constantly changing. Bills passed during the 82nd Texas Legislature changed several aspects of expunction law. These changes took effect on September 1, 2011, but since in most cases in the past, the statute of limitations would have to expire before one could file for an expunction ...
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  • Immigrants to avoid deportation in some crimes

    || 2-Nov-2012

    I Tim Powers Law Office of Tim Powers 940.580.2899 OAKLAND, Calif.—A new policy in Alameda County is instructing prosecutors to consider filing lesser criminal charges for some legal immigrants in an effort to avoid convictions with mandatory deportation. The Oakland Tribune reports ( ) that District Attorney Nancy O'Malley's order will make the ...
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