All posts by Lee and Wood

A Life Sentence for Drinking and Driving

DWI

Punishments for many crimes have gotten more severe over the years. One of the reasons America’s prison population has grown is that people are being sent there for longer stretches. Driving While Intoxicated (DWI) is no exception, as sentences are much longer than in generations past.

Still, most people would be surprised at the thought of a life sentence for DWI. What situations could result in such a drastic sentence?

Misdemeanor Drinking and Driving

First, DWI can be a misdemeanor. The Texas Department of Transportation lists the penalties for a first offense DWI as:

  • A maximum fine of $2,000.
  • Up to 180 days in jail, including three mandatory days.
  • The loss of your driver’s license for up to a year.

In most cases, a first offense DWI will not lead to the maximum penalty.

Escalating Penalties & Felonies

Repeat offenders face stiffer penalties than first offenders. The second offense can lead to a maximum of one year in prison. The third offense is punishable by a maximum of 10 years in prison. Prior offenses are “enhancers,” meaning they can lead to longer penalties upon conviction.

However, a prior DWI is not the only thing that can lead to a longer sentence. If your blood alcohol level is above .15, roughly twice the legal limit, you can face harsher penalties. Another form of enhancement is getting caught drinking and driving with a child in the car, which is an automatic felony.

Arguably the most serious enhancers are DWI accidents that injure or kill other people. A DWI accident that leads to a death can lead to charges of intoxication manslaughter. That’s a first- or second-degree felony.

How Does DWI Lead to a Life Sentence?

It may be surprising to see how drinking and driving can lead to a life sentence. Felonies and enhancements can increase your jail time and fine, but it’s not just that; it’s a matter of repetition. A fifth DWI conviction, even with no injuries or deaths, can be punished by life in prison in Texas. This is not a regular occurrence, but it’s a possibility.

A Comal County man was recently sentenced to life in prison following his sixth DWI conviction. None of the accidents led to a loss of life. The first offense occurred in 1986 and was followed by convictions in the 1990s, 2000s, 2010s and, most recently, in 2023. That pattern was considered serious enough to warrant a life sentence.

Strong Defense in DWI Cases

Every DWI charge is serious. If you’ve been arrested, you can’t afford to take the matter lightly. If you can avoid a conviction, you owe it to yourself to explore all your options.

At Lee & Wood, LP, our Texas criminal defense attorneys have extensive experience in DWI cases. Call us today at 817-678-6771 or contact us online to schedule a consultation.

How Do Criminal Cases Usually End?

Criminal Defense

Many factors control how a criminal case turns out. While statistics may say one thing, it’s never safe to assume your case will end in the most common way. After all, no outcome is guaranteed.

Still, it’s fair to want to know how the most common way criminal defense cases end, especially if you’ve been accused of a crime. Here are the possible results of a criminal case.

Possible Outcomes

Once charges have been filed, a criminal case is likely heading for one of the following outcomes. While these aren’t the only possibilities, the vast majority of cases end in one of these ways.

Dropped Charges

Charges can be dropped by the prosecutor who filed them. A prosecutor could drop charges due to new evidence, uncooperative witnesses or other factors.

Having the charges dropped doesn’t guarantee you won’t be charged again. Still, it can represent a win for you, depending on the circumstances.

Dismissal

Judges have the power to grant a Motion to Dismiss. The best-case scenario is a dismissal with prejudice. That means the judge decided the case in your favor and ruled that the same charges cannot be brought against you again.

A dismissal without prejudice leaves open the possibility that the charges will be brought again in connection with the alleged criminal activity. That could happen if new evidence comes to light. The prosecutor could also change the charges to something better supported by the evidence.

Not Guilty Verdict

Your case could go through the full trial and a judge or jury could conclude that you’re not guilty. This is a good result! You won’t have to serve a sentence, but it does require the full stress and work of the trial.

Guilty Verdict

This is a result you hope to never receive. After the stress of the trial, you’ve been found guilty of the charges and will be sentenced accordingly.

It’s important to note that some states, including Texas, have a trial rate of only 3% (according to an NPR article quoting the American Bar Association). So receiving a verdict in your case, whether guilty or not guilty, is actually somewhat unlikely.

So, what is the most common end to criminal cases? They usually end in plea deals.

Plea Deal

This is, by far, the most common result of criminal charges nationwide. According to that same NPR article, federal criminal court cases end in a plea bargain 98% of the time. While federal courts differ from state courts in many ways, plea bargains are common in both.

The Importance of Experienced Legal Guidance

A plea bargain can be a great result or a terrible one. It depends on the charges, the evidence, the jurisdiction, and countless other factors. Most importantly, it takes an experienced Texas criminal defense attorney to know whether a plea offer is worth considering.

Contact Our Team of Skilled Lawyers Today

At Lee & Wood, LP, our criminal defense lawyers handle felony and misdemeanor cases in Texas state courts. We also handle juvenile offense cases. If you’ve been charged with a crime, we can help you protect your rights. Contact us online or call 817-678-6771 to schedule a consultation.

Does Juvenile Detention Put Kids on the Right Path?

Criminal Defense

Juvenile detention facilities serve more than one purpose. Some people regard them as a punishment for people who do bad things. Other people view them as tools to reform young people whose behavior needs to change.

Whatever their purpose, it’s important to make sure the facilities are working as they should: protecting the rights of minors while providing rehabilitation. So, how well does juvenile detention work?

Juvenile Detention and Public Safety

The ultimate goal of juvenile detention should be to make our communities better. That means improved safety, health and harmony for everyone. If the juvenile justice system is failing in that regard, we need to look at ways to make it better.

There are alternatives to juvenile incarceration. Many of the alternatives could do the same job better.

Incarceration Is the Baseline Response

Locking someone up is an extreme action. That’s true for adults, but it’s particularly extreme when talking about underage youth. It should not be our first reflex to incarcerate someone if there are alternatives that accomplish the same goals with less disruption and less money spent.

Unfortunately, incarceration is easier to understand and explain than its alternatives. The downsides are generally ignored. The rampant abuse and horrific conditions in the facilities where people are held are often swept under the rug. People understand incarceration and they don’t care to look into it any further.

Role Models and Leadership

Many alternatives to incarceration involve giving young offenders a mentor or advocate to show them a better way. Youth advocate programs connect young offenders and their families with trained professionals. They establish goals and a tailored plan to help the young person make better choices going forward.

Connecting Offenders With the Consequences of Their Actions

Many of the offenses that land kids in juvenile detention are impulsive, thoughtless acts. Depending on your upbringing, it might be hard to understand the position many young people find themselves in. Many don’t see how their actions impact the people around them or the community at large.

Juvenile detention facilities don’t help kids see the error of their ways. Punishment might make them uncomfortable or angry. However, if they don’t connect it to what they’ve done, it’s unlikely to lead to better outcomes in the future.

Pre-Trial Detention

The moment your child is placed in custody, you need to work to protect their interests. If they are in custody, an experienced defense attorney for young offenders can help get them back with their families. Detention should be avoided, if at all possible. Your lawyer can advocate for your child to keep them safe.

Criminal Defense for Young Offenders

At LEE AND WOOD, GP, our skilled criminal defense attorneys understand the juvenile justice system. We can help you protect your child’s rights. If your child is facing criminal accusations, contact us today to get started on a strong defense.

Should Law Enforcement Use AI Tools?

Criminal Defense

Artificial intelligence is making its way into almost every aspect of American life. Advocates tout its increased efficiency and reduced errors compared to humans when performing tasks.

While AI certainly has the potential to improve aspects of our society, it is not without the potential to do harm.

Criminal justice is one area where AI should be monitored carefully to ensure it does not infringe on our rights. Law enforcement should not assume that the product of an AI tool will be reliable. And no one should assume its results are consistent with the protections afforded to every American citizen.

Example of Law Enforcement Using Artificial Intelligence Tools

AI has already made its way into criminal justice circles. In late 2024, WIRED magazine reported on the story of Cybercheck technology, a product of Global Intelligence. It is a cautionary tale about turning over vital roles to AI.

Cybercheck was purported to be a tool that could give police a clear picture of where a person was at specific times. This geolocation information supposedly came from a complicated analysis of publicly available sources.

The ability to tell where an accused person was is beneficial if you are trying to connect them to a crime. For that reason, hundreds of law enforcement agencies used it to conduct thousands of searches. At least one case in Texas tried to use a Cybercheck report in court.

The Real Story

While the reports seemed useful, it turns out that the results are highly questionable.

Cybercheck doesn’t retain any data about how it reaches its conclusions. Defense attorneys rightfully want to know what information tied their clients to specific times and places; Global Intelligence cannot provide that. They claim Cybercheck uses public sources, but some experts say this kind of information would not be available without a warrant.

In other cases, the information provided was incorrect. Reports have cited non-existent email addresses or routers that had never had the same name listed in the report.

Phantom Results and the Six-Fingered Man

Large language model (LLM) AI, such as ChatGPT, has the unfortunate tendency to invent statistics and historical facts that are not based on reality. These are called “hallucinations.” Because LLMs perceive patterns, they may recognize a “pattern” that doesn’t actually exist. This leads them to generate inaccurate data.

AI image generators are also notorious for their failure to produce realistic hands and feet. While a hand with three thumbs and 13 total fingers might be amusing, it shows that AI still has serious limitations. Using its output to put people behind bars is not something law enforcement should be considering.

Call for Experienced Texas Criminal Defense Guidance

If you’ve been accused of a crime, it’s important to know whether or not AI is being used as part of your prosecution.

At Lee & Wood, our criminal defense attorneys can give you the strong, intelligent defense you need. We can protect your rights and stand up for you in and out of the courtroom. Contact us to schedule an appointment to discuss your situation.

How Much of a Prison Sentence Do You Serve in Texas?

Criminal Defense

Most people who are convicted and sent to prison will be eligible for parole at some point, but the rules surrounding parole eligibility are complicated. And while there is a path prisoners can follow to shorten their sentences, some groups have pushed to make that option more difficult or even erase it entirely.

In Texas, how much of your prison term should you expect to serve? Our criminal defense attorneys take a look.

Texas Parole Basics

It’s important to recognize that parole is a privilege, not a right. The Texas Board of Pardons & Paroles sets the conditions for parole and makes the final decision about whether someone gets released or not. The Board considers several factors, including any behavior during prior incarceration and institutional adjustment and behavior.

Tying institutional behavior to parole provides an incentive to work on skills that will be valuable after release. When rehabilitation programs, education or work can help shorten a stay behind bars, prisoners have something valuable to work toward. It provides hope and purpose in a place where people really need it.

The Truth in Sentencing Movement

In the 1990s, many states passed legislation under the heading of “Truth in Sentencing.” These TIS laws basically required people convicted of a violent crime (or in some states, all crimes) to serve a substantial portion, usually 85%, of their original sentence before parole could be a possibility.

Victim’s rights groups fought for these laws under the guise of justice. The real impact of these laws is to swell prison populations and make rehabilitation less likely.

Luckily, Texas did not implement a TIS law. Instead, violent offenders in Texas are required to serve at least 50% of their sentence. Then, they can be considered for parole. Other offenders can be considered even earlier.

The Impact of a Long Prison Sentence

Most people can’t imagine what it’s like to be sentenced to years in prison. The stress and pain of a criminal conviction followed by a potentially long period behind bars is hard to bear.

Any tools you can use to make the time more bearable or even productive are valuable. If there are programs available that can shorten your time in prison, that can be a big help in finding direction.

When Arizona stopped allowing prisoners to earn time credits to get paroled sooner, many things changed. Prison rule violations spiked. Fewer prisoners signed up for educational opportunities. More former inmates went on to reoffend and be incarcerated again. Without something to work toward, people don’t stay on track.

Criminal Defense Is Key to Protecting Your Rights

Even at the best of times, prison is not a good place to improve your life. While it’s good for prisons to focus on rehabilitation in an effort to make prisoners and their communities safer, there are better places to turn your life around. You should make every effort to avoid a criminal conviction.

At LEE AND WOOD, GP, our criminal defense attorneys represent clients against all types of charges in Texas courts. To discuss your case, call us at 817-678-6771 or contact us online.

Drug Possession Laws Are Out of Step With Public Opinion

Criminal Defense

At a fundamental level, the law should reflect the values of the people. When laws come into conflict with what most people want, something is amiss.

And yet, a recent poll suggests that drug possession laws differ substantially from how most Americans believe the issue should be treated. Let’s look at this discrepancy a little more closely.

How Drug Possession Is Treated Now

Texas is one of many states where drug possession can lead to a felony conviction. Even relatively low levels of THC in a vape pen can land someone in prison for up to two years.

Considerations like the type and quantity of the drug in question control whether possession will be charged as a felony or a misdemeanor. But in every case, drug possession charges are serious business.

American Attitudes Toward Drug Possession

A 2024 poll gathered data on how Americans believe substance use disorders should be treated.

The poll found that 75% believe the issue should be approached as a public health problem rather than a criminal one. And yet, while most Americans are more interested in ways to treat people with drug problems, the law focuses largely on punishment.

Punishment Has Unintended Consequences

The War on Drugs is widely considered a failed policy. It has not decreased drug use. It has not prevented crime. It has not helped communities improve their safety and health outcomes. Punishment does not deter drug use or help people who have fallen under the influence of illicit substances.

Worse, punishment actually increases drug overdose deaths. Prior incarceration increases the overdose rate by a large margin. Once people have been jailed for drugs, they are less likely to seek proper medical care for drug-related problems.

Jails and prisons are not good places to deal with a substance use disorder. Victims of these disorders are unlikely to get the treatment or care they need while incarcerated. Drug use and overdoses continue to be a problem in many jails despite the efforts taken to prevent them.

Take Drug Charges Seriously

Public attitudes about drugs and drug use are growing more sympathetic. That public sentiment can be beneficial, but it won’t help someone charged with a drug crime. It’s important to remember that police and prosecutors take drug crimes seriously in Texas. If you’ve been arrested or charged, you need a strong defense to protect your rights.

Contact an Experienced Texas Criminal Defense Attorney

At Lee & Wood, GP, we provide the skilled representation Texas clients need. If you have been charged with a crime, our lawyers can work with you to put up a well-crafted defense. Contact us online or call us at 817-678-6771 to discuss your case.

Justifiable Acts or Vigilante Justice?

Self defense

Criminal law is not immune to societal trends. The public’s perception of crime can have a real impact on the people caught up in the criminal justice system. What looks like vigilante justice to one person can be seen as an act of self-defense to another. As much as people say it doesn’t, the circumstances around an alleged crime do matter.

The Relationship Between Anger and Justice

The purpose of the criminal justice system is not universally agreed upon. Some believe the goal is to punish people. Others believe the point is to protect the public from harm. Still others believe the purpose is to rehabilitate or correct the behavior of individuals who have run afoul of the law.

Anger can strongly influence how someone views justice. If your neighbor’s car is stolen, you likely feel sympathy. If your car is stolen, you might feel rage. The same crime can inspire wildly different feelings, depending on your perspective.

What Is Vigilante Justice?

Vigilantism isn’t a legal term. It refers to situations in which an individual or group takes it upon themselves to stop or punish someone they perceive to be a criminal. Importantly, the vigilante does not have the legal right to do so. When members of the public try to step in and behave like police officers, they’re engaging in vigilante justice.

The Inspiration for Vigilantism

The identity of an alleged victim is not meaningless. In a case of alleged vigilante justice, others may consider an act justified even if it fits the definition of a crime.

To be clear, there’s no legal justification for vigilantism. It’s not a defense to say that the justice system should have condemned the victim but didn’t.

The criminal justice system doesn’t always produce the results we want it to. In some cases, innocent people are tried and convicted. In other cases, people who committed a crime are not punished. In almost all cases, the system moves much more slowly than the public would like.

Regardless of the circumstances, however, an act of vigilantism is not viewed kindly in the legal system.

Provocation and Sudden Passion

The term “vigilantism” is sometimes used to refer to a crime of passion. The Texas penal code does consider situations where a murder victim provokes their killer into the act of “sudden passion.”

If that provocation is serious enough, the person charged may be convicted of a second-degree felony rather than capital murder. In other words, the act isn’t justified, but the penalties will be slightly less than they would be without the provocation.

Typically, vigilante justice doesn’t fit the definition of sudden passion. Sudden passion is sudden. The provocation happens at the time of the killing, not before. Acts of vigilantism generally come long after the original provocation.

Crafting a Successful Defense

Building a good defense is a complicated process. It must take into account all the available facts.

If you are facing criminal allegations, you need experienced legal guidance as soon as possible. Contact our attorneys at LEE AND WOOD, GP to discuss your situation. Contact us online or call us at 817-678-6771.

The Smell of Marijuana and Probable Cause

Drug Crime, marijuana

Many Americans are familiar with the odor produced by marijuana, even if they don’t use it themselves. That distinctive, pungent smell has been the basis of many interactions between police officers and members of the public.

Dallas voters recently tackled the issue with a measure designed to curb police authority in instances of potential suspicion of drug possession.

Is Odor Evidence?

Police do not have the right to search wherever and whenever they please. The Fourth Amendment of the Constitution forbids unreasonable searches and seizures. In order to conduct a search, police need either a search warrant or probable cause.

What is at issue now is whether the smell of pot gives officers this probable cause. Traditionally, it has been considered enough. A change to Texas law allowing hemp, however, means that a pot smell doesn’t necessarily indicate an illegal substance.

The Rules Regarding Hemp

Many states have taken the step of legalizing marijuana for medical or even recreational use. While Texas has not taken that step, it did make a change to the definition of marijuana in 2019. The new definition excludes hemp. Hemp is the same plant as marijuana but with much lower levels of THC.

THC levels cannot be determined by smelling the smoke. That telltale odor can be produced even at THC levels that would not trigger criminal liability. Therefore, some people believe it shouldn’t be considered the basis for a search.

Dallas voters believe so, based on the passing of Proposition R, which prohibits searches based on smell alone except in specific cases. If the smell does not mean a crime has been committed, it should not be used as probable cause to justify a search.

Other Courts Have Already Agreed

There is nothing surprising about Texas laws differing from laws in other states. The momentum of the movement to legalize marijuana has not yet touched the Texas legislature. There is only so much impact the rulings of other courts can be expected to have here.

That said, several other states have changed their stance about searches and seizures, especially when their marijuana rules changed. Many of the states involved also decriminalized cannabis in smaller amounts; still, the same principle applies: a non-criminal act could have caused the smell.

Questionable Searches

There is no shortage of stories about searches that started with the claim of “smelling marijuana” that turned up no actual cannabis. It’s basically impossible to prove that someone didn’t smell pot when they claim they did. That gives police a potential way around the Fourth Amendment if they really want to conduct a search.

Putting an end to the pot smell justification of searches would have the added benefit of reducing the number of questionable searches, particularly those involving motorists.

Contact an Experienced Defense Lawyer

At LEE AND WOOD, GP, our Texas criminal defense attorneys know how to protect you. We have handled countless cases involving marijuana and its derivatives. We can help protect your rights by mounting a strong, knowledgeable defense. Contact us at 817-678-6771 to get started.

Disenfranchisement: Criminal Conviction Carries a High Cost

Criminal Defense

The right to vote is not the top concern of someone facing serious criminal charges. Given what’s at stake for most people caught up in the criminal justice system, it’s easy to lose track of some of the more distant consequences.

However, voting laws can be complex. If you’ve been accused of a crime, it’s important to know that disenfranchisement (being deprived of the right to vote) is a possible consequence of conviction.

Voting After a Felony Conviction

There is no federal law preventing someone convicted of a crime from voting. It’s state laws that are responsible for disenfranchising people with felony convictions. At the moment, 48 states out of 50 have laws on the books preventing convicted felons from voting.

The impact of these laws is significant. The number of people who weren’t allowed to vote in 2024 is estimated to be around 4 million people. Depending on the location, that could be enough to flip the result of an election. Given that a criminal conviction doesn’t rob you of citizenship, it’s fair to ask whether these laws are appropriate.

Texas Disenfranchisement Law

Texas is one of several states where disenfranchisement is temporary. After a conviction, you’re allowed to vote again once you complete all parts of your sentence, including parole and probation. That said, a person may face up to 10 years of restricted voting rights, even after they have served their time in prison.

Other Progress in Returning Voting Rights

Nebraska and Oklahoma are two of the states that have recently passed laws expanding post-conviction voting rights. However, neither state went so far as to guarantee the right to vote, regardless of criminal status. Still, any progress is better than none.

Many Other Restrictions

Losing the right to vote is just one of many drawbacks to a criminal conviction. Obviously, the loss of freedom is the primary concern for many, but there are also other consequences to worry about. A full accounting of the restrictions that can affect you after a conviction is daunting.

Many people struggle to find housing or gainful employment after a felony conviction. Everything from buying a car to parenting your children can get harder because of your criminal status. Many careers can be closed off to you, even for crimes that have nothing to do with the work you want to do.

In many ways, it can feel like your punishment is never done.

Experienced Criminal Defense Is Vital

Every criminal charge should be taken seriously. A conviction is not something you can afford to take lightly. You need to act quickly to protect your rights. At LEE AND WOOD, GP, our Texas criminal defense attorneys can help you. To schedule a consultation with our skilled Fort Worth lawyers, call 817-678-6771 or contact us online.

Perception vs. Reality in Criminal Law

Criminal Defense

Most people don’t spend time reviewing criminal law statistics. As a result, whether crime is rising or falling bears little resemblance to people’s feelings about crime and how people should be punished. Media portrayals and political statements have a greater impact on people’s perception of crime than actual facts.

Violent Crime Statistics

The first quarter of 2024 saw a substantial drop in violent crime. Reported cases of murder, rape, aggravated assault and robbery all fell from the same period of 2023. The drop in crime rates was as follows:

  • Violent crime – down 15.2%
  • Murder – down 26.4%
  • Aggravated assault – down 12.5%
  • Robbery – down 17.8%
  • Burglary – down 16.7%
  • Car theft – down 17.3%

All of this data comes from the FBI’s Uniform Crime Reporting (UCR) Program.

The decrease in criminal reports fits in well with a long-running trend in America. For example, there is generally far less crime now than there was in the 1990s. In Texas specifically, the 2023 crime report showed that violent crime had gone down 7.2% in the last year.

Perceptions of Crime

Statistics show that crime in the U.S. is less of a problem now than it was in years past. Strangely, that does not line up with public surveys about people’s perceptions of crime. Gallup surveys of the American public show that most people believe crime is on the rise. Every year, the majority of respondents say crime is up from the prior year.

The drop in crime has actually been dramatic. The rate of violent crime in 1993 was almost double the rate reported in 2022. It’s fair to wonder what percentage of people have any idea that crime rates have been falling for decades.

The Consequences of the Public’s Misperception of Crime

Criminal justice isn’t directly impacted by the public’s understanding of crime rates. However, that doesn’t mean there aren’t consequences to this ongoing misunderstanding of criminal trends. People might advocate for different solutions to crime based on whether they think the issue is getting worse or getting better.

When criminal activity rises—a “crime wave” in news media terms—it’s natural for people to advocate for a crackdown. If existing laws aren’t deterring criminals, people might fight for harsher laws. Whether or not harsher laws actually deter crime is not the issue; it’s a common response to the perception of rising crime.

If people are aware that crime is dropping and has been for many years, they might view arrest rates differently. They may be willing to advocate for more treatment and rehabilitation options rather than longer sentences.

Texas Criminal Defense Attorneys

If you are facing criminal charges, you need experienced legal help on your side. At Lee & Wood, our Fort Worth criminal defense attorneys can help you present a compelling defense. This involves everything from tackling the evidence against you to showing you in a sympathetic light. Call us at 817-678-6771 to learn more.