If you have been charged with a crime in the State of Texas and took a probation, you might be able to get an early termination. But to qualify, you need to complete at least a third or two years of your probation (whichever is less). Some serious offenses prohibit judges from approving an early termination of probation. If you have any questions about whether you’re able to get your probation terminated early, be sure to speak to a criminal defense attorney in Corpus Christi for more information.

What is an Early Termination of Probation?

Courts can decide to grant an early termination of probation, which they can do at their discretion. And they can grant it for many misdemeanor and felony offenses. Once you have gone through an early termination of probation hearing, you’ll no longer be on community supervision. But judges aren’t required to grant an early release. So, you won’t be able to force a judge to approve your motion for an early termination of probation. Even if you have completed all the terms, judges don’t have to grant an early discharge if they don’t want to. But most of them will listen to what you have to say and will try to reduce your probation whenever possible.

You want to minimize what you have on your criminal record, so you can reduce the number of future consequences (both seen and unforeseen) related to these charges. An early termination or deferred adjudication is one way to start this process. Having a probation on your record is better than a prison sentence, but being successful on a motion for an early termination of probation will look even better. Getting a charge reduced is always preferable to pleading guilty, which is why you need to speak to a qualified attorney for more information.

How Soon You Can Request an Early Termination of Probation

If you were given a probation sentence, you can ask for an early termination after it has been imposed. But a court will usually require defendants to serve at least nine months (or even one year) of a misdemeanor probation. For felony charges, they’ll require at least 18 months before you can qualify for an early termination. If you were given a regular or “straight” probation, you’ll have to complete at least a third of your probation or two years (whichever is less).

The Process for Requesting an Early Termination of Probation

To get an early termination of your probation, you’ll have to work with a qualified attorney to go through the following steps:

• Draft a motion that requests an early termination of your probation.
• Schedule a date to appear in court.
• Speak to the prosecutor and probation officer to get their support.
• Present your argument to the judge.

Before you can start your early termination of probation hearing, the prosecutor must get an advance written notice, so he or she has the opportunity to state any objections on the record. If your request for an early termination is successful, most judges won’t require you to pay any probation fees later on.

How Courts Decide to Grant an Early Termination of Probation

Courts will take a look at all the circumstances of your case, which can include but may not be limited to:

• The seriousness of the events leading to the conviction.
• Whether you have completed all the terms and conditions of your probation.
• The extent or lack of your criminal record.
• Whether the probation is keeping you from getting employment or any other benefits.
• The prosecutor’s position on the issue.

If you meet the basic requirements for an early termination of probation, the judge may consider your request if you meet all of the following:

• You showed exemplary behavior during your probation.
• You completed all the hours of your community service.
• You paid all of your fines and restitutions in full.
• You have met all the conditions of your probation.

There are, however, some offenses (such as sex crimes and DWI charges) that aren’t eligible for an early termination. If you want more information about what you can do to start the process and whether you qualify, Gale Law Group can help you. We’re a criminal defense lawyer in Corpus Christi that can help you with the process. Feel free to reach out to us, so you can find out why we’re one of the best criminal defense attorneys in the Coastal Bend.

CORPUS CHRISTI, Texas — The lawsuit filed in federal court on June 5 claims Cimarron Place Health and Rehabilitation violated the family’s first act when it fired one of its CNAs.

Attorney for the plaintiff Amie Augenstein said her client contacted several clinics as well as the health department. She was administered a test for COVID-19 and told to self-quarantine until she received her test results. 

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While the work of Mothers Against Drunk Driving (MADD) has brought forth a lot of changes, the dangers of Texas drunk driving still exists. People still drive while under the influence of alcohol, which continues to put people who share the roadways with them at risk. Not to mention, the people whose lives will be changed forever because they have lost a loved one or have suffered a terrible injury that has resulted in a disability. You might think you’re helpless when it comes to protecting yourself and your family from the damage that a drunk driver can cause, but there are some things you can do to stay safer while you’re on the road.

Your First Line of Defense Against Texas Drunk Driving

Before you get on the road, you want to make sure you wear your seatbelt and require all of your passengers to do the same. You also want to keep a safe distance from any vehicle in front of you, because it will give you enough time to stop or avoid hitting a driver that may be moving erratically. And if you notice a driver who is swerving or driving in a strange manner, stay as far away from them as possible. Don’t try to stop or confront the driver yourself. Contact the police so you can notify them of the situation, and give them a description of the car as well as its license plate number if you can.

Some of the common signs of a drunk driver include but may not be limited to:

• Constant braking.
• Turns that are sudden, illegal, or wider than usual.
• Not using turn signals or lights.
• Inconsistent accelerating or decelerating.
• Drifting away from the lane or straddling the center line.

Many accidents related to drunk driving happen at intersections, because the impaired driver isn’t following the traffic signal or stop sign. When a traffic light turns green or when you’re entering an intersection with a stop sign, be sure to look both ways for any oncoming traffic. And make sure you yield when it’s necessary.

Legal Options if You Have Been Affected by Texas Drunk Driving

If you have been forced to pay for the actions of an impaired driver, there are certain legal actions you can take that will force them to bear most or all of the financial burden through a personal injury or wrongful death lawsuit. The State of Texas allows for the recovery of any of the following:

• Lost wages or earnings.
• Lost earning capacity.
• Pain and suffering.
• Loss of enjoyment of life (which can include any physical impairments that affect your ability to complete everyday activities).
• Permanent scarring or disfigurement.
• Funeral expenses.
• Counseling services (including grief counseling).

The State of Texas also allows people who have been injured by a drunk driver or any family member who has lost a loved one because of an accident related to drunk driving to recover punitive damages against the impaired driver. These damages are meant to include additional punishments for the driver because of the choices that he or she made after you have been forced to live with the consequences. Punitive damages are also meant to serve as a warning to other people who are thinking about driving drunk.

The State of Texas allows the victims of drunk driving accidents to take legal actions against a bar, restaurant, liquor store, or any other business that sold alcohol to the impaired driver. This is called a “dram shop liability lawsuit.” Texas businesses can be held accountable for any injuries of wrongful death that has been caused by a drunk driver in the following cases:

• It served alcohol to someone who is visibly intoxicated and clearly presents a danger to himself or herself as well as to others.
• It served alcohol to a minor who caused an accident because he or she was driving drunk.

A dram shop liability lawsuit can be added to any legal claim that a victim and his or her family may have against the driver and his or her insurance. If a business decides to “overserve” someone who is clearly intoxicated or to a minor, it can be held financially responsible for any physical injuries, property damage, or death that has been caused by the drunk driver.

For more information about drunk driving laws in Texas, be sure to contact Gale Law Group. We’re a criminal defense attorney in Corpus Christi that can help you with your case!

You never want to get that call. But if you do, your loved one may need your help. Bailing someone out of jail can be scary. If you have never done it before, you might even feel intimidated. The term “bail” refers to a deposit of money that the courts need for a criminal defendant to get out of jail, which they hold to make sure that he or she shows up to any court appearances. People often refer to “bailing someone out” when they give the courts a certain amount of money, so the defendant doesn’t have a stay in jail. The bail amount will depend on the type and severity of the charges, and there are some crimes where the courts don’t allow bail at all.

Ways That You Can Get Out of Jail in the State of Texas

There are four ways you can get out of jail in the State of Texas:

• Personal Recognizance — This is the most common for first-time offenders of non-violent crimes. They will be released with the promise that they return for all court hearings and appearances. This can be used for a variety of pre-trial diversion programs that are offered in the State of Texas. Court officials will check for any previous offenses, and they’ll determine if the defendant has any connections to the area (such as a job or family).
• Cash Bond — The smallest cash bonds in Texas (which only apply to misdemeanors that haven’t been classified as “aggravated”) can be $1,000 or less. A defendant can choose to pay the amount out-of-pocket or get financial help from a co-signer. The money will be paid to the courts, but it will be returned (minus court costs and fees) as long as there isn’t a bail violation.
• Security Bond — A bail bond agent can be hired if the amount is too much for the defendant to pay, even with the help of a co-signer. The advantage of using a bail bond agent is that the defendant can be released by paying 10% of the bail amount to the agent, and a co-signer can be used to help with some or all of the cost. However, there is one major risk. The defendant may not show up for every single court appearance. If the bail forfeiture goes through, both the defendant and the co-signer are responsible for paying the entire bail amount to the agent.
• Property Bond — It doesn’t happen very often, but it’s an option for defendants with high bail amounts to post a bond. The property must be located in the State of Texas. There must also be paperwork that provides proof of ownership, its assessed value, and whether there are any liens on the property. The court can get the property’s title and can start the foreclosure process if the defendant doesn’t show up for a court hearing.

If you want more information on how to get someone out of jail in the State of Texas, be sure to speak to a qualified attorney.

How Bail Amount is Determined in the State of Texas

There are certain things that the judge will consider before setting a specific bail amount, which will vary with each defendant. Here are some of the factors that will determine the amount  defendant will have to post before bailing someone out of jail:

• The defendant’s criminal history.
• The severity of the crime.
• The chance that the defendant will flee.
• How much of a threat the defendant poses to society.
• The defendant’s financial resources.

The defendant can either pay the entire amount, give the court some interest in his or her property, or he or she can hire a bail bondsman. The defendant can also have a loved one pay, but there are times when the amount is too high for the defendant to pay (even with additional help). And in these circumstances, there are other options. Defendants can use credit cards to pay their bond amount, as long as they have enough to cover additional interest fees. They can also use other items (such as jewelry, electronics, or other pieces of personal property) in place of or in addition to the bail bond premium.

If you want more information about how to get someone out of jail, be sure to speak to someone at Gale Law Group. We’re a criminal defense attorney in Corpus Christi that can not only give you information about bailing someone out of jail but can also help you and your loved one come up with a solid defense. If you’re ready to work with the best criminal defense attorney in Corpus Christi, get in touch with us today!

CORPUS CHRISTI, Texas — While Governor Greg Abbott says businesses will be reopening step-by-step, what do owners and employees need to be thinking about?

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The definition of an aggravated crime will vary from state to state, which is why many people wonder what it means when it’s used in the criminal justice system. Is there really a difference between a robbery and an aggravated robbery in Texas, and is one worse than the other? The simple answer to that question is “yes.” Aggravated crimes are more serious, so they’ll have more severe penalties. But to be charged with an aggravated crime, you had to something that made the offense more dangerous. Breaking into someone’s house will lead to a burglary charge, but doing it with a loaded gun in your possession will lead to an aggravated burglary charge (even if you never used the gun or threatened anyone after the break-in). In many cases, having a dangerous or deadly weapon in your possession when you committed the crime is enough for police or prosecutors to elevate the charge.

When a Crime is Considered “Aggravated” in the State of Texas

In the state of Texas, any crime can be “elevated” to a higher level of punishment if it’s classified as “aggravated.” According to the Texas Penal Code, any type of aggravated crime will involve one or more of the following:

• You intentionally, knowingly, or recklessly caused serious bodily injury to someone else.
• You used or displayed a weapon when you committed the crime (including the act of threatening someone else with serious bodily injury).

The Texas Penal Code also has a charge of “deadly conduct,” which is similar to an aggravated charge but with some differences. Instead of a special circumstance that elevates a less serious charge, deadly conduct is a crime in and of itself. And in the State of Texas, the crime of deadly conduct will involve one or more of the following:

• You recklessly endangered someone else or put him or her at risk of serious bodily injury.
• You knowingly fired a weapon at a dwelling, building, or vehicle with no regard for whether it was occupied.

In all of these scenarios, the term “serious bodily injury” is any type of injury that causes or puts someone at risk of death, permanent disfigurement, or loss of function in any part of the body. And the term “reckless” refers to any action that’s committed without any regard for the consequences or outcomes of that action. It does not, however, mean that the deliberate intention of harming someone is necessary. It simply refers to the deliberate disregard for the consequences of that action.

Crimes That Can Become Aggravated in the State of Texas

According to the Texas Penal Code, the term “aggravated” usually refers to an enhancement or special circumstance of the crime. And its purpose is to increase its level of punishment. Almost any type of crime can be enhanced by an “aggravated” charge, but there are some common ones that often get this classification. Some of them include but may not be limited to:

• Aggravated Assault — Simple assault is usually considered a misdemeanor, but aggravated assault in Texas is often considered a second degree felony. It can, however, go up to a first degree felony in some circumstances. This can include the aggravated assault of a family member or domestic partner, or the intimidation of a witness. It can also be considered a first degree felony if you committed the action against a child, someone over the age of 65, or a public official.
• Aggravated Sexual Assault — Aggravated sexual assault or aggravated sexual battery occurs when a weapon was used or unwanted sexual contact was forced with the threat of harm. And if it involved the act of penetration, it can be considered rape.
• Aggravated Robbery — Also called “armed robbery,” an aggravated robbery in Texas takes place if a weapon was used or displayed, involved the threat of bodily harm, or a threat to use a weapon was made.
• Deadly Misconduct — Deadly misconduct in Texas is often considered a Class A misdemeanor. But if you fired a weapon, it will be upgraded to a third degree felony.

Aggravated assault in Texas or any other crime with this type of classification can come with a longer jail or prison sentence, as well as a larger fine than if it occurred without this enhancement. If you have been arrested for a crime with an “aggravated” enhancement or any crime of deadly misconduct, you need to speak to a criminal defense attorney. And Gale Law Group has a team of qualified people who can come up with a solid defense.

If you’re looking for a criminal defense lawyer in Corpus Christi that will fight for you, get in touch with us today!

CORPUS CHRISTI, Tex. — The coronavirus pandemic has led to a balancing act with the scales of justice as judges and others must consider public safety along with inmates’ rights to a hearing.

CORPUS CHRISTI, Tex. — All of Nueces County is counting down to 11:59 tonight.

That’s when County Judge Barbara Canales’ stay-at-home order takes effect. Under the order, residents are required to stay at home, and non-essential businesses close.

The decision has left many parents scrambling, trying to figure out how they can make this work with their job and wondering just how long this will last.

CORPUS CHRISTI, Texas — Several school districts in the Coastal Bend made the decision to close schools this week in an effort to hinder the spread of COVID-19.

The decision has left many parents scrambling, trying to figure out how they can make this work with their job and wondering just how long this will last.

Attorney Amie Augenstein with the Gale Law Group said the State of Texas does not mandate employers to have a paid time off policy. If you find yourself in a bind with your employer because you or your child is sick, she recommends calling the Texas Workforce Commission.

In the United States, you’re considered innocent until you’re proven guilty. So, the burden of proof is on the prosecution — not you. Some criminal cases are fast (with judgments being made quickly), while other involve a long and drawn-out trial with a lot of “back and forth” between the prosecution and the defense. In these types of close cases, the defense can use the presumption of innocence to its advantage — all while planting seeds of doubt in the jurors’ minds. Whether a witness testimony puts you at another location on the day that the crime was committed, or you decided to stand your ground, you’re granted certain rights that allow you to defend yourself. And if there’s any doubt in a juror’s mind, it could result in a “not guilty” verdict.

Criminal defense involves more than just trial work. In many cases, the defense of Texas criminal charges involves a great deal of evidence examination and negotiation with the government. And a lot of it takes place behind a desk or on the phone. Sometimes, the process will happen inside the hallway of a courthouse or in front of a judge’s bench during a motion hearing. While it may seem like a lot of it takes place inside a courtroom on TV crime shows, there’s a lot more going on behind the scenes (most of which is far from glamorous).

Where the Defense of Texas Criminal Charges Begins

From the time that someone feels like he or she might be under suspicion for some sort of wrongdoing by law enforcement to the time that they are interrogated, arrested, or charged, a legal defense will begin — at least, in a best case scenario. A criminal defense attorney will do many things to defend a client, which is why it’s important to get a professional involved as soon as possible. A qualified criminal defense attorney will make sure that things are done properly and that certain legal rights are protected.

If there’s a strong legal defense for a set of Texas criminal charges, it should be found as soon as possible so evidence can be gathered to support it. A solid defense needs more than someone’s word. Prosecutors and law enforcement officials will want admissible evidence to support your claims before they’ll shift their focus away from you and move on to other things.

Common Defenses for Texas Criminal Charges

There are certain defenses that are common in criminal charges for both the State of Texas and on the federal level, which many state and federal attorneys will recognize. Proving these defenses may not be the same under the Texas Penal Code (as opposed to Federal Law), but the core defenses are largely the same. Some of the common defenses for criminal charges in Texas include but may not be limited to:

• Statute of Limitations — Most cases have time deadlines for government prosecution. So if a conviction doesn’t happen within a certain amount of time, the prosecution can’t file charges. This is a common safeguard for many defendants who have been accused of Texas criminal charges, especially with regard to prejudice and preaccusation delay.
• Alibi — This is a great defense, because it could prove that you didn’t the crime due to the fact that you were in another location. Alibi defenses are typically proven with witness testimonies because someone can say while under oath that you were somewhere else at the time that the crime was committed, but documents can be used as well.
• Insanity — While it doesn’t prove that you weren’t responsible for the criminal act, but it does prove that you were “unable to appreciate the nature and quality of the wrongfulness” of a specific act because of a specific mental illness. But, an insanity plea is not the same thing as “mental competency of an accused to stand trial.”
• Entrapment — This type of defense is made against the government, which argues that you were induced to commit a criminal act from a governmental body or you didn’t have a “pre-disposition” to commit the crime before the government took action. It’s a strong defense, but it can be hard to establish and prove. The government is allowed to do certain things that many people may find questionable, which makes it hard to use entrapment as a valid defense.

The prosecution must prove “beyond a reasonable doubt” that you committed the crime before you can be convicted, and they need to do it with admissible evidence that has been properly authenticated. If you’re looking for a qualified criminal defense lawyer in Corpus Christi who will fight for you, be sure to get in touch with Gale Law Group. We would be happy to speak with you!