Category Archives: Defense attorney

What Physical Evidence Is Used To Prove Assault in Texas Criminal Cases?

Aggravated Assault, Assault, Criminal Attorney, Criminal Defense, Defense attorney, Evidence

If you’re facing an assault charge in Texas, one of the most important things to understand is how prosecutors will attempt to prove their case against you. An assault charge does not automatically mean a conviction. The State must present evidence that supports each element of the charge beyond a reasonable doubt.

Knowing the types of evidence commonly used in Texas assault cases can help you understand what you are up against and why experienced legal representation matters. One type of evidence, physical evidence, can be particularly useful in convincing a judge or jury.

Physical vs. Testimonial Evidence

Popular courtroom dramas often focus heavily on certain types of evidence. Courtroom testimony from the victim, the accused or others makes for good television. However, it’s not actually the most reliable form of evidence.

Physical evidence can carry far more weight than testimonial evidence when it comes to a criminal trial for assault or similar crimes. Personal testimony can be false, misleading or inaccurate. Two people describing the exact same incident can produce wildly different accounts.

Physical evidence is more straightforward, making it harder to dispute. This can work for or against you. For example, if your partner tries to drop a domestic abuse case, the prosecutor may decide to proceed based on physical evidence. Conversely, false or exaggerated accusations may be dropped due to a lack of physical evidence.

Examples of Physical Evidence

Generally speaking, physical evidence refers to tangible objects that tell the story of an incident. Some evidence, such as use of a weapon or the severity of bodily harm, may also be relevant to whether you’re charged with a misdemeanor or a felony.

Examples of physical evidence can include:

  • Weapons allegedly used in the incident
  • Clothing worn by an accuser or the accused during the incident
  • Objects used or damaged as part of the alleged crime
  • Injuries, such as cuts and bruises, broken bones and other bodily harm
  • Places where the alleged assault occurred, like an apartment, stairwell or bar. As these can’t be brought into a courtroom, that type of evidence is often introduced through photographs.

This list is not exhaustive, and there are many other possible examples of physical evidence that can be introduced in a case.

Is Forensic Evidence Considered Physical Evidence?

Many forms of forensic evidence are physical, but not all. DNA, fingerprints, hair follicles and ballistic information are all physical forms of forensic evidence.

However, forensics also includes some items that are not considered physical evidence. One example is digital information, like text messages or cell phone tower location data.

The Treatment of Physical Evidence

A vital issue is how physical evidence is collected, maintained and analyzed. If evidence is mishandled or misplaced, it may no longer be admissible in a criminal proceeding.

Chain of custody rules must be followed to uphold the rights of an accused person. If they were not followed, it means the evidence could have been tampered with, broken or exposed to contamination.

Choose an Experienced Texas Criminal Defense Attorney

Evidentiary issues play a huge part in Texas assault cases. An experienced assault defense attorney should be able to review all the evidence in your case and make sure that it is relevant and that the chain of custody was followed. They’ll also make sure that your rights were not violated, either by the collection of evidence or by its use.

For strong, experienced assault defense in Texas, choose Lee & Wood, GP. Call us at 817-678-6771 or send us a message to get started.

7 Potential Legal Defenses Against DWI Charges in Texas

Criminal Attorney, Criminal Defense, Defense attorney, Defenses, DWI

Facing a DWI charge in Texas can be frightening, especially if it’s your first encounter with the criminal justice system. In some instances, confusion and fear can take over, causing you to make mistakes. The good news is that a DWI arrest doesn’t automatically mean a conviction.

Texas law provides several avenues for challenging DWI charges. Understanding these potential defenses is a powerful first step. Below are some of the most common and effective legal defenses that may apply to DWI cases in Texas.

1. Lack of Reasonable Suspicion for the Traffic Stop

Virtually every DWI case begins with a traffic stop. Texas law requires officers to have reasonable suspicion before pulling someone over. This means they must be able to articulate a specific reason, such as speeding, swerving or a broken taillight, that caused them to pull you over.

If the officer lacked a valid reason, the entire stop may be deemed unconstitutional. When that happens, evidence gathered afterward, including field sobriety tests and breath tests, may be thrown out.

2. No Probable Cause for Arrest

Even if the stop itself was lawful, officers must have probable cause to make an arrest. Signs like bloodshot eyes, not answering questions, the smell of alcohol or “nervousness” aren’t always indicators of intoxication. Video footage, witness statements or inconsistencies in the officer’s report may expose a lack of credible evidence to justify the arrest.

3. Flaws in Field Sobriety Tests

Standard field sobriety tests, like the walk-and-turn or the one-leg stand, are notoriously subjective. Factors like fatigue, medical conditions, uneven pavement, poor lighting or even distracting traffic can impact performance. If these tests weren’t administered correctly or under proper conditions, the results can be challenged.

4. Breath Test Inaccuracies

Breathalyzer machines must be maintained, calibrated and operated according to strict Texas Department of Public Safety guidelines. When they aren’t, results can be unreliable. Additionally, medical conditions such as acid reflux, dietary habits or even certain medications can artificially inflate breath-alcohol readings.

5. Problems With Blood Test Procedures

Blood tests, while often seen as more accurate than other tests, are far from infallible. Chain-of-custody errors, contamination, improper storage or lab technician mistakes can all compromise results. Texas labs have faced scrutiny in the past for procedural failures. Any irregularity may open the door to a strong defense.

6. Rising Blood Alcohol Defense

Alcohol takes time to absorb into the bloodstream. It’s possible for a person’s BAC to rise between the time of the traffic stop and the administration of the test. Depending on the circumstances of your arrest and subsequent testing, your blood alcohol content at the time of driving may have been below the legal limit.

7. Violations of Your Constitutional Rights

If officers fail to follow proper procedure, such as neglecting to read you your Miranda rights or conducting an unlawful search, your constitutional protections may have been violated. These violations can lead to key evidence being suppressed, significantly weakening the prosecution’s case. These rights are important in every criminal case.

A Defense Attorney Knows When To Use These Defenses and More

A strong defense in drunk driving cases should not be left to chance, considering how serious the consequences are. There are countless ways to approach DWI defense, if you know what to look for.

At Lee & Wood, GP, our drunk driving defense attorneys have handled countless criminal cases across Texas. Call us at 817-678-6771 or send us a message.

What Happens if Your Accuser Takes Back Their Sexual Assault Accusation?

Assault, Criminal Attorney, Criminal Defense, Defense attorney, Domestic Violence, Sex Offense

Being accused of sexual assault is extremely stressful. When the accusation comes from a partner or someone you’re in a relationship with, the personal and legal consequences can feel overwhelming.

In many situations, it’s not uncommon for an accuser to later express regret, clarify misunderstandings or outright recant the allegation. When that happens, it’s often a huge relief, and many people assume that all charges will be dropped. However, that’s not always true.

While it would be a huge relief for a retraction to mean the immediate end to a sexual assault case, it may not be that simple.

The Accuser’s Role in Criminal Law Proceedings

It’s easy to overestimate the importance of the accuser in your sexual assault case. After all, if there had never been an accusation, there never would have been a criminal case.

But once the accusation is out there, the fact that the accusation exists means more than whatever the accuser does next. The truth is that once you’re accused, that sets things in motion that can be hard to stop.

The State, Not the Accuser, Controls the Case

In Texas, criminal cases are named State of Texas vs. the Defendant. The name of the person who accused you is not included. Even if your accuser wants to withdraw the accusation, the decision to move forward or not rests entirely with the District Attorney.

Prosecutors regularly continue cases even after a recantation, especially in alleged domestic violence or sexual abuse situations. This might be because:

  • They believe the original statement more than the recantation.
  • They already have other evidence supporting an assault charge (medical records, witness statements, forensic results, or even texts).
  • They believe they can get a conviction without the accuser’s testimony.

With this in mind, a recanted accusation doesn’t necessarily mean that a conviction is out of reach.

Recantations May Be Viewed With Skepticism

Prosecutors and investigators know that recantations happen frequently, particularly in intimate‑partner cases. They also know they can happen for complicated reasons, including fear of breaking up a family, financial dependence, guilt or pressure from friends or family.

For these reasons, law enforcement usually examines:

  • The consistency of the original allegation
  • The circumstances around the recantation
  • Any potential evidence of coercion
  • Whether independent evidence supports the original claim

In the end, a recantation may help your defense, but it is not a silver bullet.

The Accuser Could Still Be Subpoenaed

Even if the person who accused you no longer wants to participate, the prosecution can still:

  • Issue a subpoena
  • Compel testimony in court
  • Use previously recorded statements

Texas allows prosecutors to introduce certain statements even when a witness becomes uncooperative. This means the case may include the accuser’s statements even if they no longer want to participate in the case.

A Recantation Can Still Strengthen Your Defense

While a recantation doesn’t end the case, it can be a powerful defense tool when handled correctly.

The recantation can be used to:

  • Challenge the credibility of the original statement
  • Undermine the prosecution’s theory
  • Support motions to dismiss or reduce charges
  • Bolster negotiations for a favorable plea offer or a full dismissal

An experienced criminal defense attorney knows the best ways to use the recantation to make your defense stronger. At Lee & Wood, GP, we know how to defend your rights against accusations of sexual assault. Call us at 817-678-6771 or contact us online.

5 Possible Defenses Against Assault Charges in Texas

Aggravated Assault, Assault, Criminal Defense, Defense attorney, Defenses

Facing assault charges in Texas can be overwhelming. The consequences, including potential fines and jail time, can have a long-lasting impact on your life.

However, being charged doesn’t automatically mean you’re guilty. Texas law provides several defenses that may help reduce or even dismiss the charges against you. Understanding these defenses is essential to protecting your rights and building a strong legal defense strategy.

1. Self-Defense

One of the most commonly invoked defenses in assault cases is self-defense. Texas law allows individuals to use reasonable force to protect themselves from harm if they reasonably believe they’re in imminent danger.

To successfully claim self-defense, you must show:

  • You did not provoke the other person.
  • You reasonably believed force was immediately necessary.
  • The level of force you used was proportionate to the threat.

Evidence such as witness statements, video footage or physical injuries may support this defense. If self-defense applies, it can completely excuse the alleged assault.

2. Defense of Others

Similarly, Texas law recognizes the right to use force to protect another person. If you reasonably believed that someone else was in immediate danger and your intervention was necessary, this defense may apply.

Like self-defense, the force used must be appropriate and proportional. This defense is especially relevant in situations where a friend or family member is being threatened or attacked.

3. Defense of Property

Under certain circumstances, Texas allows individuals to use force to protect their property. While this defense is narrower and more strictly evaluated than self-defense, it can apply in situations involving the protection of your home or belongings.

It’s important to note, however, that the law rarely excuses excessive force in defense of property. The details matter, and courts will examine whether the force used was truly necessary.

4. Lack of Intent

Assault charges can also rely on evidence of intent. In Texas, causing offensive or harmful contact without intent may not meet the legal definition of assault. For example, accidental contact during a crowded event or misunderstanding during a heated exchange might not qualify as intentional harm.

If you can demonstrate that any physical contact was accidental, the prosecution may have difficulty proving your guilt.

5. Consent

Although less common, consent can also serve as a defense in some assault cases. If both parties willingly agreed to physical contact, the legal grounds for assault may be weakened. This defense requires careful presentation and is evaluated closely by courts.

Speak to a Texas Criminal Defense Attorney

Every assault case is unique, and the defenses available depend on the facts and circumstances. If you’re facing assault charges in Texas, speaking with an experienced criminal defense attorney is essential.

At Lee & Wood, GP, our Texas team has the experience to protect your rights when facing charges. Call us at 817-678-6771 or contact us online to schedule a consultation.

TPWD Is Collecting Anonymous Tips of Wildlife Crimes

Criminal Attorney, Criminal Defense, Defense attorney, Defenses, Fishing violation, Wildlife crimes, Wildlife crimes attorney, Wildlife violations

Earlier this year, Texas Parks and Wildlife proudly announced that a new tipline was in place, making it easier to report suspicious activity or violations. It’s now easier than ever to anonymously accuse someone of wildlife crime. But is that progress?

TPWD Is Collecting Tips and Reports of Illegal Activity

Texas Parks and Wildlife Department (TPWD) is encouraging people to report suspicious activity by texting TIP411. People can also use the free Operation Game Thief App to make reports and submit photos or videos. The State even offers a bounty: Rewards of up to $1,000 are available for tips that result in a conviction.

Harsh Penalties for Wildlife Crimes

While tipline callers are offered a bounty, the accused—even if innocent—may face financial ruin. Common wildlife crimes cover several sporting areas:

Depending on the circumstances, such violations can lead to jail time as well as fines or restitution to the state. If you’re convicted, it may also mean the suspension of or loss of your license and sometimes forfeiture of equipment.

It’s Easier Than Ever To Accuse Someone of a Crime

Being fined, arrested or charged with a crime is stressful at best and life-ruining at worst. Civil or criminal charges are a serious matter requiring time, attention and resources to address properly.

It’s important to consider the implications of soliciting anonymous tips and evidence from the public at large. This may be particularly true when fake images are far more accessible than they once were.

Can Anonymous Tips Be Used in Court?

Luckily, in general, it’s not possible to use an anonymous accusation in a criminal trial. That said, a tip that leads to an independent investigation finding the accusation to be true gets around the problem.

After an anonymous tip, TPWD law enforcement officials can run an independent investigation that corroborates the information in the tip. That evidence would likely be admissible in court.

Anonymous tips, as well as any other evidence presented, must be dealt with carefully and correctly by your defense team.

Countering the prosecution’s evidence and presenting your own is the heart of an effective defense. We know how to present your side of the story in court. That can make a tremendous difference in penalties, such as fines and restitution, as well as help you keep your right to hunt and fish in the future.

Contact a Federal Wildlife Violations Lawyer for a Strong Defense

At Lee & Wood, GP, you get the benefit of an experienced wildlife violations defense attorney who is also an avid hunter. You get to talk to an attorney who understands the law and the real-life circumstances hunters face. Call 817-678-6771 or contact us online to discuss your situation.

Denying Bail: Proposition 3 Passes in Texas

Criminal Attorney, Criminal Defense, Defense attorney

Bail has become a contentious subject in the criminal justice world. Figuring out the proper way to treat someone who is accused of a serious crime, but has not yet been tried or found guilty, is a complex issue.

Texas voters have tackled the issue by approving a change to the State Constitution. If you’ve been accused of a serious crime, this change could affect your time between arrest and trial.

Proposition 3 to Amend the Texas Constitution

Proponents of Proposition 3 say that there are circumstances under which bail should always be denied, regardless of the opinions of judges. The measure, passed in November 2025, lists specific charges whereby an accused person might not be eligible for bail. The list includes violent and sexual offenses, including:

Luckily, if you’re arrested on one of these charges, the measure does not eliminate the possibility of bail altogether. Denying bail happens only under specific circumstances.

For example, bail would be denied if a hearing found, by a preponderance of the evidence, that you (the person arrested) would likely not willfully appear in court. It would also be denied if the hearing found that, by clear and convincing evidence, you were a danger to the community or the victim.

A strong defense can help you tackle these hearings and avoid these kinds of findings.

Without Proposition 3, judges and magistrates had discretion to deny or allow bail for these serious cases. Supporters say the measure was needed to combat activist or corrupt judges granting bail in situations where it isn’t appropriate. However, denying bail could lead to innocent people being in prison.

The Legal Presumption of Innocence

There is a crucial difference between being accused of a crime and being guilty of that crime. Since all people are considered innocent until proven guilty, punishing someone who has not had the chance to present a strong defense is not right.

Bail is one method intended to deal with the thorny issue of pretrial detention . It’s generally understood that innocent people should not be locked up.

High bail is not meant as a punishment. The goal is to provide an incentive for someone facing criminal accusations to show up for the legal proceedings. Bail money goes back to the defendant after the trial. You show up, or you lose the money.

The issue is not one-sided, however. There are cases where prosecutors will say it seems likely that you, the accused, would commit more violence if released. There are also cases where they would say you are likely to flee rather than return to court to face a trial.

Before Proposition 3 passed, this would be a situation where a high bail amount would be set. With Proposition 3 in place, you may be denied bail altogether.

The Importance of an Aggressive Defense

Every criminal charge should be taken seriously. The crimes covered under Prop 3 are felonies, and the potential penalties levied after a conviction are severe. Anyone facing charges of this kind needs a strong and experienced criminal defense attorney.

At Lee & Wood, GP, our Texas defense lawyers have the skill to defend clients facing even the most serious criminal charges. The sooner you talk to an attorney, the better your chances are of preserving your rights. Call 817-678-6771 or contact us online to schedule a consultation.

 

Link to “Pretrial Detention: When Can You Go Home While Waiting for Trial?” when published.

Public Intoxication in Law and in Practice

Criminal Attorney, Criminal Defense, Defense attorney, DWI, Public Intoxication

It’s not unusual for someone charged with public intoxication to be confused about why the police got involved. Few, if any, Texas criminal laws are as broadly written as the law against public intoxication. Believe it or not, virtually anyone who’s had any alcohol at all could potentially be charged and suffer severe consequences.

What the Texas Public Intoxication Law Says

As with any criminal charge, it’s a good idea to speak to an experienced defense attorney to understand how the law applies to your case. A general understanding is helpful, but it’s no substitute for knowledgeable legal counsel.

Texas law has a simple definition for public intoxication. If you appear in a public place while intoxicated to the degree that you may endanger yourself or someone else, you could be arrested and found guilty of public intoxication. The issues with this law are grounded in the specifics.

The Definition of Intoxicated

The definition of intoxicated for the purposes of this law is “not having the normal use of mental or physical faculties by reason of the introduction of alcohol” or other drugs. Combinations of drugs or both drugs and alcohol are also included.

It can also mean having an alcohol concentration of 0.08 or more. However, it’s important to understand that you don’t have to be over the legal limit to be found guilty of public intoxication. Police can claim that your behavior indicated intoxication. They don’t have to test your blood alcohol content to support this charge.

What Being “A Danger” Entails

The law does require evidence that you were a danger to yourself or others.

Without a strong defense, making the case that you were a danger may be simple for a determined prosecutor. You could trip over your own feet and find yourself accused of staggering into traffic. This may seem far-fetched, but there are many innocent situations that have been the basis of public intoxication charges.

How Public Intoxication Laws Are Used in Practice

It’s obviously not the case that everyone who’s had any alcohol will face public intoxication charges. It’s not hard to find an intoxicated pedestrian in almost any campus or hot spot on a Friday or Saturday night. So why do some people get arrested and others are left alone?

Some suggest that public intoxication arrests are used as a form of crowd control. If you get in the way of the police, they can arrest you for public intoxication with very little evidence. Others suggest that it’s used to arrest people who annoy law enforcement, or even as an excuse to check someone for more serious criminal issues.

Unfortunately, a criminal charge is an incredibly high price to pay for irritating a police officer. Though it’s a misdemeanor, it still appears on your criminal record and can interfere with your ability to get a job or find housing.

Get the Legal Protection You Need

If you’ve been accused of public intoxication, you need an attorney. Call Lee & Wood at 817-678-6771 or contact us online to discuss your case.

What are Child Grooming Charges in Texas?

Assault, Criminal Attorney, Criminal Defense, Defense attorney, Sex Offense

As a response to increased reports of child trafficking, the Texas Legislature passed a law against child grooming in 2023. Grooming is the process where an adult builds a relationship, trust and emotional connection with a child in order to manipulate, exploit or sexually abuse them.

Texas takes the crime seriously, and the penalties for a conviction are harsh.

Texas Child Grooming Law

For a conviction of child grooming under Texas law, the prosecution must be able to establish that the defendant intended to commit a sexual offense. Grooming covers the actions taken in preparation of the sexual offense. That includes persuasion, inducement, enticement or coercion.

The victim in a child grooming situation must be under 18 years of age. The offense involved must fall under Texas laws against trafficking, sexual offenses or assaultive offenses.

Can a Minor Groom Another Minor?

There is an affirmative defense for situations where the person accused and the victim are both under 18, provided the age gap is small enough and the two are in a dating relationship or married at the time of the conduct.

It’s important to recognize that the affirmative defense requires the two minors to be in a dating relationship. It does not cover actions taken by a minor seeking to establish a dating relationship.

The Weight of an Accusation

As in the case of sex offenses, the impact of an accusation of child grooming is hard to overstate, often carrying lifelong consequences. This is particularly troublesome when you consider the behaviors that could be considered grooming if viewed in the wrong light.

Child grooming laws are intended, in part, to prevent sex offenses like assault from occurring in the first place. In a way, they’re intended to punish the behavior that comes before what was once the crime of record. That’s why the issue of intent is so important. An action that’s perfectly acceptable where there is no intent becomes criminal if there is intent.

Depending on the criminal history of the person accused, child grooming is considered either a third-degree felony or a second-degree felony.

A Loaded Term

Grooming has taken on a new meaning in recent years. It’s fair to suggest that from one person to the next, there might be a very different understanding of what the word means. That kind of misunderstanding or disagreement can have a significant impact when it comes to criminal prosecution.

Contact a Skilled Texas Criminal Defense Attorney

At Lee & Wood, GP, our team understands the intricacies of Texas law. We have extensive experience defending both adults and young people against a range of criminal charges. To speak to one of our knowledgeable lawyers, call us at 817-678-6771 to schedule a consultation.

What Is Racketeering in Texas?

Criminal Attorney, Criminal Defense, Defense attorney, Racketeering

If you’ve watched crime dramas or read about high-profile federal cases, you’ve probably come across the term “racketeering.” But what does it really mean, and how does it apply in the real world? What would it mean to be charged with racketeering in Texas?

No matter what the situation is, these charges call for the services of an experienced criminal defense attorney.

More Than a Movie Plot Crime

Racketeering is one of the most serious and misunderstood criminal allegations a person can face. The term is often associated with organized crime, but the legal definition under both federal and Texas law is broader than most people realize.

The Basics of Racketeering

Racketeering refers to the act of operating an illegal business or scheme to make a profit, often through coercion, fraud or violence. It became widely recognized under the Racketeer Influenced and Corrupt Organizations Act, better known as RICO, passed by Congress in 1970.

The RICO Act was designed to combat organized crime. It allows prosecutors to go after patterns of criminal behavior carried out by individuals as part of a larger enterprise. These enterprises, or “rackets,” can be anything from street gangs and motorcycle clubs to legitimate-looking businesses used as fronts for illegal activities.

The Elements of Racketeering

To bring a RICO charge, the government must show:

  • A criminal enterprise exists.
  • The defendant was associated with or employed by that enterprise.
  • There was a pattern of racketeering activity, meaning at least two acts of qualifying crimes, called “predicate offenses,” within a 10-year period.
  • The acts were related to the operation of the enterprise.

Predicate offenses include a wide range of crimes, including bribery, extortion, money laundering, drug trafficking and wire fraud. In certain circumstances, they can include murder or kidnapping.

Racketeering in Texas

While RICO is a federal statute, Texas has its own racketeering laws. Texas racketeering law targets individuals who commit crimes as part of a criminal combination or criminal street gang.

Sentencing enhancements can apply. For example, if someone is accused of theft, but it’s shown that they did it in coordination with a criminal group, prosecutors can elevate the charges and seek much harsher penalties.

Why Should You Care About Racketeering?

While racketeering charges are meant to combat organized crime, the definition of organized crime is wider than some may think. An “enterprise” in Texas, for example, can simply mean a “group of individuals associated in fact.” To law enforcement, that could mean you and your friends.

Prosecutors and law enforcement want to get convictions. They may charge you with racketeering in an effort to have you plead guilty to lesser charges. A good lawyer will see through this tactic and provide a robust defense.

Racketeering Charges Are Serious

RICO and organized crime charges carry the potential for long prison sentences, asset forfeiture and devastating reputational damage. Even being investigated for racketeering can cause significant personal and financial stress.

These cases are often built over months or even years, using surveillance, wiretaps, and confidential informants. Prosecutors may attempt to charge as many people as possible, hoping some will cooperate.

That’s why it’s critical to have an experienced criminal defense attorney on your side. Your attorney will understand both federal and Texas law and can challenge the government’s narrative at every turn.

At Lee & Wood, GP, our Texas criminal defense lawyers help defend against accusations of all types. If you have been arrested or charged with racketeering or a related offense, call us at 817-678-6771 or contact us for a consultation.

Right To Remain Silent: When To Speak to Officers in Texas

Criminal Attorney, Criminal Defense, Defense attorney, DWI

Your right to remain silent plays a significant role when it comes to interacting with police, but it’s not quite the whole picture. When can you assert that right? Is it always the best strategy? What about situations where you aren’t under threat of arrest?

Your criminal defense attorney can handle these issues once you’ve chosen one. Until then, what should you do?

Silence Is Better Than Lying

Saying nothing is specifically protected in many instances. Saying something untrue is not protected. It’s always better to stay silent than to say something that isn’t true!

When you choose silence as your response, be consistent. Remain silent. Wait until you’ve had a chance to speak with your lawyer to make any statement at all.

Situations Where You Have To Speak

This is a tricky area. Texas law includes a Failure to Identify (Section 38.02) law that requires someone who has been lawfully arrested to provide their name, address or date of birth when requested by a peace officer.

It also makes it a crime to give a false answer to those questions if you’ve been lawfully detained. The same is true if the officer has good cause to believe you witnessed a crime.

There are also provisions regarding drivers. If you’re a driver who’s been detained for an alleged offense, such as a DWI, you must show the officer your license when requested. If you don’t or can’t, you must give your name, address, date of birth, or driver’s license number.

At a traffic stop, hand over your license and proof of insurance when asked. But don’t answer questions about your driving, your destination or anything else.

Violations of the Failure to Identify law are punishable as misdemeanors.

Be Polite in Silence or in Speech

Silence is your right and is almost always the right choice. But whether you remain silent or choose to speak, it’s best to be polite and calm around police officers.

Getting pulled over or arrested is incredibly stressful. It’s easy to be overwhelmed, angry, scared or frustrated. It’s important to try to stay calm and wait for your attorney to help you.

It’s also important to remember that even if the situation got away from you in the beginning, you can stop talking at any point. If you’ve made statements in anger or fear, you can still assert your right to remain silent once you’ve calmed down. The less you say without an attorney present, the better off you’ll be.

Police Can Lie to You

While you’re not allowed to lie to police, the reverse is not true. Police officers can lie about the evidence against you. They can lie about what they saw. They can lie about what will happen to you if you just start talking to them. When the police tell you you’ll be better off talking to them, that is not the truth.

Contact a Texas Criminal Defense Attorney Immediately

Exercise your right to remain silent. Wait until you’ve spoken to your attorney before making any statement to the police. Call Lee & Wood, GP today at 817-678-6771 or contact us online.