Everyone makes mistakes. But, if you don’t show up on your scheduled court date, you could face some serious consequences. This kind of thing happens frequently, and it often occurs on the first court appearance. If this has happened to you and you don’t hire a lawyer (or your lawyer doesn’t tell the court), it’s up to the bondsmen to notify you after the charges have been filed and that you have a scheduled court date. They do this most of the time, but sometimes they don’t.

Not appearing during your scheduled court date will forfeit your bond, which will result in a warrant being issued for your arrest. Once you have been arrested again, you will have to bond again (usually at a much higher amount). The authorities will actively try to arrest you. Uf they’re not able to locate you, the warrant will show up on a records check if you’re stopped for any reason. Failure to appear can also be treated as a separate charge, so the prosecution can choose to file a new charge for failure to appear. If your original charge was a misdemeanor, the new one will be a felony. A bond will also be set on the new charge, which will be high.

In most cases, the failure to appear in court is because of a mistake (or even stupidity). If you have an attorney, most courts will notify this person (who can go to the judge and try to convince this person to withdraw the warrant). This strategy is usually successful, but you better not miss another one.

Consequences for Not Appearing in Court

The consequences for not appearing in court will depend on the surrounding circumstances, but here are some of the common penalties:

• Bench Warrant — Not showing up on your scheduled court date can cause the judge to issue a bench warrant (which is an order being issued for your arrest). It’s a guaranteed way to make sure you show up in court next time. Once the judge has issued a bench warrant, you can be picked up anywhere. If you get stopped for any reason, you’ll be going to jail as soon as they run your information.
• No-Show Penalty — There are some reasons why you didn’t show up in court that can be enough to avoid a penalty. Something as serious as a hospital stay will most likely keep you from being penalized. But, if your situation wasn’t that serious and was a result of irresponsibility on your part, the court can penalize you. The amount of the penalty will be based on the nature of the original charge.
• Jail Sentence and Fines — The judge can impose a fine or even a jail sentence if you’re found guilty of failure to appear, bail jumping, or contempt of court. This can be added to the sentence you can get for your original charge.

If you can avoid getting arrested a second time because of a bench warrant, do it. Otherwise, it will complicate your situation. A failure to appear can make an already bad situation worse, because you could be seen as someone who can’t be trusted (which could lead to a more serious sentence).

Possible Defenses for Failure to Appear

To find out that you have failed to appear, the court must see if you had proper notice and that you didn’t appear on purpose. If the normal procedure is to send a notice by mail, the court is only required to send it to the address that they have listed in the court records or to your attorney. If you’re not being represented by an attorney (such as in a traffic case), you need to make sure that courts have your current address on file. If your address changes and you don’t inform the court, not getting the notice won’t excuse you from a failure to appear.

If there were circumstances beyond your control that kept you from appearing in court (such as a serious illness, an accident, or a natural disaster), it could be a defense against a failure to appear. But, you must present evidence that there was such an emergency that prevented you from making it to court.

If you’re not a defendant in a criminal or traffic case, but are required to make an appearance in court as a witness or for some other purpose, you must comply with this order. If you don’t show up, you’re also at risk of being charged with failure to appear or criminal contempt. The court can even issue a bench warrant for your arrest.

If you’re facing criminal charges and are looking for a criminal defense attorney to help you with your case, be sure to reach out to Gale Law Group.

Fentanyl has been around for a while. It’s a very strong pain medication that’s 50-100 times stronger and more addictive than morphine. It’s now being trafficked by the cartel in a way that makes them look like pills (or even candy), but taking it can have fatal consequences. The State of Texas has reported an 89% increase in fentanyl-related deaths, which is why Governor Greg Abbott started taking aggressive measures to stop fentanyl and other drugs from crossing the border. He has even classified cartel members as terrorists.

According to Mike Tamez (who is with the District Attorney’s Criminal Interdiction Unit), fentanyl is “the epidemic of the 80’s.” The unit also patrols Highway 77 in an attempt to stop illegal cartel smuggling (with fentanyl showing up on their radar more frequently). According to Tamez, they recently stopped an 18-wheeler in Roma with 35 kilograms of fentanyl inside. But, his biggest concern is that the drug has already made its way into the City of Corpus Christi.

Why the Rise in Fentanyl Cases is Concerning

There has been a great deal of overdose deaths in the city related to fentanyl. Most of the time, they didn’t know it was in the drugs. The cartels are using it to cut other illegal substances (such as cocaine and heroin). In fact, most overdose-related deaths in Corpus Christi are because of fentanyl. A dose about the size of three grains of rice can be deadly. While some medications (such as Narcan) would be able to save someone from an opioid overdose, the rising trend is concerning. Because of fentanyl’s addictive nature and the high price tag, cartels are able to make a lot of money. A single kilogram can make up to $25,000, but their earning potential can increase if it goes further north.

The Nueces County Sheriff has also seen proof that fentanyl is making its way into the local jails. The drug is distributed in a liquid form and can be put onto the paper, which can be mailed to inmates inside the Nueces County Jail. That’s why they have been inspecting incoming mail for signs that the paper has been altered. If they see anything suspicious, they test it with kits that can identify the presence of opioids (including fentanyl).

Recent Statistics Related to Fentanyl

According to the Center for Disease Control and Prevention, people who die of a drug overdose in the United States are more likely to have fentanyl in their system than any other drug. The federal statistics are also in line with what is happening in Corpus Christi. Not only is fentanyl much stronger than heroin, but it’s also being mixed with a number of other drugs (including heroin). According to the director of the Palmer Drug Abuse Program, many people aren’t aware of fentanyl’s potency (which is why this practice is so dangerous).

In 2016, fentanyl was involved in almost a third of all drug overdoses in the country. While the local numbers for these types of cases aren’t immediately available, the medicine being used to counteract its effects can be tracked. Police officers walk around with their own supply of Narcan in case they get exposed to heroin. So, they either have a way to treat themselves or have a partner who can treat them.

According to the EMS statistics for the City of Corpus Christi, Narcan was used 354 times in 2018 to counteract the effects of overdosing. While the numbers are higher for people over the age of 51, there is still an alarming number of overdoses among people under 50 years of age. Like any other drug, kids will start experimenting without knowing what they’re really taking, how it can affect their bodies, and how fast it can kill them. It can stop your breathing very quickly. And if you take it while drinking alcohol, you will certainly have an overdose.

Over 100,000 Americans died of drug overdoses from April 2020 to April 2021. In fact, overdose-related deaths have increased by almost 30% from the same period the year before. Most of these overdoses are related to fentanyl, which has now become the leading cause of death for Americans between the ages of 18 and 45. That’s why Governor Abbott has increased the presence of law enforcement and border security. He even signed laws that would enhance criminal penalties for manufacturing and distributing fentanyl.

All the research shows that fentanyl is coming from the other side of the border. It comes from China, goes through Mexico, and makes its way into the United States through the drug corridor leading up to Houston.

If you have been charged with a fentanyl-related crime and are looking for a Corpus Christi criminal attorney, be sure to reach out to Gale Law Group.

The goal of any Texas probation program is to rehabilitate, so people who are facing felony convictions can successfully integrate into society as productive and law-abiding citizens. In this respect, probation can benefit those who have been convicted of crimes as much as it can help society as a whole. But, just because it’s beneficial, it doesn’t mean it’s easy to navigate. If you make one false move, you could go back to prison.

When Probation is Awarded in the State of Texas

Most felons can get probation in Texas by negotiating a plea bargain with the prosecution. A defendant might be able to bypass the Texas indictment process with a grand jury by agreeing to a plea deal in which he or she pleads guilty to avoid prison time. Instead, the defendant will get a probation sentence. A sympathetic judge might give a first-time offender a second chance by issuing a probation sentence instead of prison time.

The Terms of Felony Probation in Texas

The rules for Texas probation will depend on the defendant, the conviction and whether the sentencing judge issued any special probation conditions. Felony probations requirements in Texas will usually require defendants to:

• Attend the regularly scheduled meetings with their probation officers. These meetings will usually happen on a monthly basis, but the judge might give them a different probation meeting schedule.
• Keep a job in a reliable and lawful occupation.
• Not break any federal, state, and local laws (even laws in other countries).
• Not consume alcohol, illicit drugs, or other control substances.
• Stay away from criminal associates. They can’t even socialize or spend time with people who could potentially lead them into engaging in some type of criminal activity.
• Allow probation offices to carry out unscheduled visits at their homes or workplaces.
• Allow probation offices to perform random and unscheduled searches.
• Complete a specific amount of community service.
• Request approval before moving into a new residence, changing jobs, or traveling out of Texas.
• Pay all court costs, supervision fees, and fines.
• Submit to regular drug tests by their probation officers.

Be sure to speak to a qualified attorney for more information.

Special Conditions of Probation in Texas

Texas criminal courts can impose special conditions on a probation sentence, as long as it falls within Texas probation laws. These special terms of Texas probation can depend on a number of factors related to the case. They can even include a creative form of punishment that’s specific to your case.

Special conditions of probation in Texas will usually involve the completion of classes, rehabilitation programs, and other requirements that can include the following:

• Sex offender registration.
• Texas drug offender programs.
• Victim impact programs.
• Drug and alcohol assessments.
• Life skills classes.
• Mental health counseling programs.
• Drunk driving education programs.
• Ignition interlock device installation.

Be sure to speak with a qualified attorney for further details.

Felony Probation in the State of Texas

This is the most serious type of probation in Texas, because it can come with the consequences for committing a felony crime (such as a drug crime or sexual assault). You will most likely be supervised by someone from the Department of Corrections, and it will most likely be for at least 18 months or even for many years. You also need to get permission from the state if you want to move. You could even be monitored with measures that can include, but may not be limited to:

• Drug testing.
• GPS tracking.
• Curfews.
• Counseling.

You may also have to report where you are to your assigned officer or team.

Misdemeanor Probation in the State of Texas

Because it’s less serious than a felony probation, the rules for a misdemeanor probation in Texas isn’t as strict. While every case is different, you will usually have to report to your probation officer. You will also have to go to all scheduled legal appointments, stay out of trouble with the law, and get a travel permit before you leave the state.

Deferred Probation in the State of Texas

Also called “deferred adjudication,” deferred probation is issued when a judge defers your prison sentence until you have completed your probation. But, if you don’t follow the rules, your deferral could be revoked and be sent to prison. If you’re on regular probation, you might not go to prison if you break

Before you can be arrested and charged with a crime, the officer must have “probable cause” to do so. Specific law enforcement agencies (including the Corpus Christi Police Department) may have certain procedures with regard to search warrants, interrogation, seizure of property, or anything else that may be relevant to the process. Many people make the mistake of waiting to contact an attorney after they have been arrested, but hiring a lawyer early in the process (such as in the investigation stage) can have a positive impact on your case.

The Arrest

Once the police have probable cause, they will arrest you. This is when you’ll be booked at a local police station or jail. During this process, the police will take your fingerprints and will photograph you. They will also record the charges that have been filed against you. You may even be searched and questioned. You have no legal obligation to talk to investigators. In fact, you’re encouraged not to speak with any police officer without the presence of your attorney.

The Arraignment and Bail

Your first appearance in court is called an “arraignment,” and it’s the first time that formal charges will be filed against you. This brief hearing must take place as soon as possible after you have been arrested, and it’s where you will appear in front of a judge with your attorney (if you choose to hire one). The judge will confirm that you’re the one being charged, that you know what you’re being charged with, and how you intend to plead (guilty, not guilty, or no contest).

The arraignment is also when your bail amount will be set, and your next court appearance will be scheduled. Bail will allow you to go home while the trial is taking place, which is an amount of money that the court holds to make sure you come back at your scheduled trial date. This amount will be set by the judge.

Pretrial Hearings and Plea-Bargaining Process

The next step in the criminal defense process involves pretrial conferences and hearings, which are a series of meetings between the prosecution and the defense. Both parties talk about the strengths and weaknesses in the case, as well as any pretrial motions and indirect factors that may affect the plea-bargaining process. This is when the defense attorney may try to work out a deal with the prosecution to prevent a trial, which can include getting them to reduce the charges in exchange for a guilty plea.

The Trial

If the defendant pleads “not guilty” and a plea agreement can’t be reached, the case will go to trial. This will often take place in the following order:

• Jury Selection — If the trial requires the presence of a jury, twelve of them must be selected. Both the defense and the prosecution can also challenge any potential jurors.
• The Prosecution’s Case — After the jury has been selected, the trial starts with the prosecution making its opening statements and with presenting evidence.
• The Defense’s Case — After the prosecution has made its case, the defense will try to find holes or weaknesses in the prosecution’s arguments.
• Closing Arguments — After both sides have made their case, each side will make their final statements. The prosecution will sum up its arguments first, which will be followed by the defense.

After the trial process is over, it’s time for the judge or jury to decide on a verdict.

The Verdict

After the trial proceedings have been completed, the judge or jury will meet in private to determine whether the defendant is guilty “beyond a a reasonable doubt.” This part of the process can be done in minutes, or it can go on for weeks. Once they decide on a verdict, it’s read to the defendant in court.

Sentencing

If you have pleaded or have been found guilty, the sentence for the crime on which you have been convicted will be set by the judge. The length and severity of the punishment must fit the crime, which is a difficult process that involves looking at the defendant’s criminal record, level of remorse, and a number of other factors.

The Appeal

If you have been convicted on some or all of the criminal charges that have been filed against you, you have the right to appeal the verdict up to at least one level of the appellate court. The Texas Court of Appeals is the state’s mid-level court system. It looks for any improper procedural issues that have taken place during the initial trial, and it has the power to overturn the decision of a lower court. The highest court in the state is the Texas Court of Criminal Appeals, and they can take appeal cases from the mid-level court system.

If you’re looking for a criminal defense attorney in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group.

If you’re facing criminal charges, you should know why it’s important to hire a Texas criminal defense attorney to help you with your case. This person may be all that stands between you and time in prison (or even hefty fines). That’s why you need to hire an attorney as soon as you can.

In almost every case, you’ll be better off if you hire a criminal defense attorney in Texas as soon as you’re charged with a crime. Even if you’re part of a criminal investigation, you should contact an attorney before you talk to anyone. If you have someone on board from the beginning, he or she will be able to put together a more solid defense on your behalf. It will also make sure you don’t inadvertently say the wrong things to a police officer or any other law enforcement official.

Here are some important reasons why you should hire a criminal lawyer in Texas if you have been charged with a crime.

#1: Time is Not on Your Side

If you have been arrested and charged with a crime, time will not be on your side. That’s why you need to act quickly before your case can take a turn for the worse. Prosecutors will keep gathering evidence so they can use it against you, and your best chance of negotiating a reduction or dismissal of your charges is to start the process as soon as possible. They should, however, be handled by a qualified attorney who can act quickly after you have been arrested. That way, he or she can negotiate a reduced charge or even get them dropped.

#2: You Need to Take a Professional Approach

Criminal charges are serious, which is why you need to take a professional approach. You must be able to deal with any problems or challenges head-on. It might be necessary to mediate between you and the one accusing you. If this happens, a professional approach by a criminal defense attorney in Texas can be helpful. You should never contact your accuser on your own. It’s best to leave that to a professional.

#3: You Need to Know Your Legal Options

If you’re facing criminal charges, you need to know your legal options. A criminal lawyer in Texas will be able to give them to you while advising you on your next steps. This person will always have your best interests at heart.

#4: You Should Never Answer Questions Without an Attorney Present

If police officers, investigators, or prosecutors want to question you about a criminal case in which you have been implicated, you should never answer their questions without an attorney present because he or she will be able to advise you on how to answer. Otherwise, you could accidentally hurt your case by saying the wrong thing. Police officers will often try to trick suspects into implicating themselves in a crime. It’s your legal right to have an attorney with you when you’re being questioned. Getting one is not an admission of guilt, but simply a protection of your legal rights.

#5: Your Constitutional Rights May Have Been Violated

A Texas criminal defense attorney will be able to determine if your constitutional rights have been violated by arresting officers, who often make mistakes or overstep their legal boundaries. The authorities may not have secured a proper warrant to search your home or your belongings, or they may not have probable cause for performing one to begin with. If you hire an attorney, you may find out that the evidence being used in your case isn’t admissible in court.

#6: You May Want to Make a Plea Bargain

Criminal cases are often resolved before they go to trial by having a criminal defense attorney in Texas negotiate a plea bargain (which is also referred to as a “plea agreement” or “plea deal”). This means that by agreeing to a guilty plea, you will get a lesser charged or with the understanding that your punishment will be reduced. This is often done to reduce the time and expense of going to trial. It may even be the first thing that prosecutors offer, which is when your lawyer can negotiate one that works more in your favor. If a fair plea agreement can’t be reached, your attorney can then fight for your case when it goes to trial.

If you’re being charged with a crime and are looking for a criminal defense attorney in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group.

If you have been charged with a crime, having the support of a criminal defense attorney can make a huge difference with regard to the process and outcome of your case. But, not every lawyer will be right for you and your situation. If you want to know if the attorney you’re considering can help you get the best possible outcome, it’s important to ask the right questions. In an ideal situation, you should look for one as soon as you’re arrested and booked. You should talk to several of them, so you can find the best one.

Here are some questions you should ask a criminal defense attorney you’re thinking about hiring.

#1: Do You Offer a Free Initial Consultation?

If you want to get a good evaluation of your case and have a more complete understanding of the facts, it’s important to have a face-to-face meeting with your lawyer because he or she won’t be able to give you good advice or even an accurate fee quote from a five-minute phone conversation. You won’t be able to know whether you feel comfortable working with this person over the next few months.

#2: Does Your Practice Focus Primarily on Criminal Law?

Unlike doctors who get trained on specific areas of medicine, any lawyer with a law license is technically allowed to represent anyone in any kind of case. That’s why you see a lot of lawyers who work in an area that’s often referred to as “General Practice,” which is sort of a jack-of-all-trades approach to practicing law. In other words, they know a little about a lot of things. A lot of lawyers will also have websites that promote different areas of practice (such as divorce, criminal, or personal injury). But, when your future, reputation, and liberty are at stake, you want an attorney whose primary focus is on criminal law. It’s only through years of being in the criminal courts will the attorney be able to understand and appreciate which arguments will work best before a particular judge.

#3: What is Your Legal Fee?

You want to find a lawyer who will be able to resolve your case, but you don’t want to hire one whose fees are so high that it can break you financially. If a lawyer doesn’t give you a straight answer about how much it’s going to cost, you should see it as a proverbial red flag. Criminal defense lawyers can calculate their fees in a variety of ways. Some charge on an hourly basis, which they draw from an initial retainer. These kinds of arrangement can be unpredictable, and your final fee can vary significantly. Hourly-based fee arrangements can lead to very high legal expenses, especially if your case takes a few months to resolve.

#4: Have You Handled Cases Like Mine Before?

Not only is it important to find an attorney who has handled a lot of criminal cases, but you also want to find one with experience in dealing with your specific charges. A lawyer who has had experience in handling clients facing similar charges can save you a great deal of time and money. It will also increase your chances of getting a more favorable outcome.

#5: What is Your Success Rate?

Hiring an attorney who has experience with clients who were in situations similar to yours can be a good start, but you also want to hire an attorney who is more likely to give you a positive outcome. While every case and client are unique, you want to find an attorney with a good track record for getting the best possible results for his or her clients.

#6: How Often Do Your Cases Go to Trial?

Criminal proceedings can be tiring, stressful, and expensive. That’s why the best outcome you can have for your case is one that comes quickly. By negotiating a settlement out of court through a plea bargain, your attorney might be able to avoid going to court where you will have to appear before a judge and jury. Your attorney should have enough knowledge to examine your case and to determine if there’s a way to find a fair outcome without having to go to trial. You want to have an attorney who is confident and competent enough in the courtroom as well.

If you’re looking for a qualified criminal defense attorney in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group.

The Nueces County Attorney’s Office has retained two law firms to handle employment matters following a months-long criminal probe into the medical examiner’s office that has resulted in three arrests.

County Attorney Jenny Dorsey last week said her office has retained Corpus Christi attorney Tonya Webber of Porter, Rogers, Dahlman & Gordon and San Antonio law firm Branscomb Law to handle such matters.

Read the full story here

According to Texas Law, driving while under the influence of drugs or alcohol (DUI) and driving while you’re intoxicated (DWI) are both considered to be misdemeanor offenses. If you’re suspected of either of them, a law enforcement officer will most likely administer a chemical test to see if there’s any alcohol or other substances in your system at the time of your DUI arrest in Texas. This test can be done in three different ways — a breath test, a blood test, or a urine test. All of them will prove if your blood alcohol concentration (BAC) is 0.08% or higher by showing the presence of drugs and/or alcohol in your body. All of these tests will allow the officer to determine if you should be arrested and charged with a DUI or DWI.

The Breath Analysis

The breath test uses a machine called a “breathalyzer” that’s usually administered during traffic stops, and it’s probably the most common type of alcohol test being used in DWI cases. To take a breath test, you just blow into the machine while it determines the amount of alcohol in your breath. This figure is measured by a percentage, but it does have one flaw. While breath tests are easier for law enforcement officers to perform during traffic stops, they’re not as accurate as blood tests.

When you’re pulled over by a cop, he or she will ask you to take a breathalyzer test if they believe you may be drunk. You don’t have to consent to a breathalyzer test, but there will be consequences if you don’t submit to chemical testing. A warrant for a blood test will be issued both quickly and easily, which makes them legally allowed to take your blood. At this point, refusing to submit will result in more consequences. That’s why they always say, “Blow, Don’t Bleed.”

The Blood Test

The legal standard for intoxication in the State of Texas is having a BAC of 0.08% or more, which can be measured by a breath or blood test. While breath tests are more common, they’re much less accurate than blood tests. To measure how much alcohol is in your blood, they will take 100 milliliters from your body and put it through a process known as “gas chromatography” to find out if your BAC is over the legal limit. You can refuse to take a blood test, but it’s not recommended because doing so can cause the state to suspend your license. They can also use your refusal as evidence in future prosecutions.

They will most likely get a warrant for a blood test, so they can make you submit to chemical testing. That’s why it’s better to take the blood test if you’re asked. Submitting to a blood test at the time of your DWI arrest in Texas is the last thing you want to do. Not only is it invasive and unpleasant, but it’s also much harder to fight in court. Both blood and breath tests have their flaws, but contesting the results of a blood test will take a lot more work and expertise because the jury is more likely to believe the results.

The Urine Test

Also called “urinalysis,” a urine test is only used if the officer believes that the driver is under the influence of drugs or other controlled substances. But, they’re usually considered to be the least reliable of the three chemical tastes used in DWI cases. If a driver is pulled over because the officer suspects that he or she is under the influence of drugs and the urine test shows the presence of an illegal drug, it won’t necessarily prove that this person was driving under the influence. Because drugs will stay in a person’s system for a much longer period of time than alcohol, the results of a urine test may be inconclusive. The driver may be sober at the time he or she took the test. Like all the other tests, you can legally refuse to take a urine test. But, there are consequences for doing so.

If you have been charged with a DUI and you need a criminal defense attorney in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group. We have a team of experts who can help you come up with a solid defense, and they would be happy to speak with you about the specifics of your case.

The suit claims that the guard punched the inmate more than 20 times, resulting in the inmate being hospitalized for over three weeks.

Read the full article here

Two people who were in custody at the Nueces County Jail in 2019 are suing the county and a corrections officer whom they accused of brutally assaulting them while they were inmates.

Read the full article here:

https://news.yahoo.com/former-inmates-sue-nueces-county-120027440.html

Or here:

https://www.caller.com/story/news/2022/05/01/former-inmates-sue-nueces-county-corrections-officer-bobby-benavides/9554663002/