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The National Coalition Against Domestic Violence (NCADV) defines domestic violence as the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another. It includes physical violence, sexual violence, threats and emotional abuse. The frequency and severity of domestic violence can vary dramatically. NCADV reports that:

– In 2013, 76,704 victims reported abuse by current or former Texas spouses. Many others went unreported.
– In 2014, Texas domestic violence hotlines answered 185,373 calls
– In 2012, 114 Texan women were killed by intimate partners, over 10% of the national total
– 75% of Texas 16-24 year olds have either experienced dating violence or know another young person who has
– In 2013, 31% of victims/survivors of domestic violence requesting shelter were turned away due to lack of resources.

In Texas, domestic violence can be prosecuted in both misdemeanor and felony courts. In misdemeanor court domestic violence is statistically one of the top four offenses on our docket. Domestic violence occurs in assault, terroristic threat, harassment, criminal trespass, criminal mischief, and weapons offenses.

Harris County Criminal Courts-at-Law resolve these cases both in trials and in pre-trial interventions, community supervision and jail sentences. The convicting court will designate the case, if factually warranted, with a factual “affirmative finding of family violence” that has collateral consequences for defendants. One consequence is that if the defendant re-offends, they can be charged with a third-degree felony regardless of whether the first case was a misdemeanor and the second offense would have otherwise been a misdemeanor charge. If the finding involves an “intimate partner” there are federal consequences including the prohibition of possession and transfer of firearms and firearm ammunition.

Complainants / victims of domestic violence in Texas have many pre-trial protections, including the setting of conditions of bond prohibiting all or specified contact between the defendant and complainant, as well as emergency orders of protection. Our criminal and family courts are authorized under the Texas Code of Criminal Procedure and Family Code to designate complainants and their families as “protected individuals,” and to order defendants to stay away from residences and places of employment or schools. Complainants can request these orders at the time of their police complaint, and if not requested, the State can make these requests as they deem appropriate. Defendants violating these orders can be re-arrested and held without bail, charged with the new offense as well as a separate offense called Violation of Protective Orders. Sentences on all these subsequent offenses can run consecutively by court order.

Complainants sometimes decide later to seek dismissal of the charge against their partners, but the state is not required to dismiss, and it may proceed to trial without their cooperation. US Supreme Court and Texas case law upholds domestic violence convictions without live testimony of complainants, sometimes based upon admissible hearsay, 911 recordings and testimony of third parties.

When defendants are convicted by plea or trial, they are often placed on community supervision with terms and conditions requiring batterer intervention classes, anger management classes, restitution, counseling for children who witnessed the assault, no contact orders, and other rehabilitative modalities.

I take these cases very seriously to ensure that defendants receive due process of law, and that complainants receive all rights granted to them in our codes and statutes.

Driving a car in Texas is a privilege, not a right. Public policy enforced by The Department of Public Safety requires Texas drivers to be properly licensed, financially responsible, and obedient to the Transportation Code. When we receive a driver’s license, we agree to comply with those requirements, and we reasonably expect others to do so. After all, our lives, and even the future of our families, are at stake each time we get into a car either as a driver or a passenger. When a driver does not comply, they can end up in court.

Let’s talk about three scenarios that aren’t the typical “traffic ticket driving offense:” Racing, Reckless Driving and Texting

Picture Driver 1 approaching an intersection with a red light. Just before they get there Driver 2 whips in front of her for no apparent reason, making her brake abruptly. She gets mad, and when the lights turns green, Driver 1 swings out in the next lane over, speeds up ahead and cuts back in front of Driver 2 to recapture her lane position. Driver 2 now gets mad and speeds up to recapture his previous position ahead of Driver 1. This scenario is an serious traffic offense called Racing on a Highway, it happens a lot, and sadly it is often a precursor to Road Rage. It is a Class B misdemeanor punishable by up to 6 months in jail and a fine. A second offense is a Class A misdemeanor punishable by up to 1 year in jail and a fine, and if someone is intoxicated or causes an accident while doing this, its a felony. A police officer observing this road contest, or any drag race between two or more cars, or if the officer receives credible information from a witness about it, he can arrest all the drivers.

Now, imagine your newly licensed 18 year old high school student driving the family car to run an errand for you. He picks up his neighborhood buddy along the way and his buddy suggests that your son “peel out, burn some rubber, spin a doughnut” in your new car in the neighborhood intersection or even in a grocery store parking lot, or to drive at an unsafe speed, making screeching, too-fast turns on corners. This dangerous scenario is a serious traffic offense called Reckless Driving, and its a Class B misdemeanor punishable by up to 30 days in jail and fine. Again, a police officer observing this kind of unsafe driving or receiving credible information from a witness about it can arrest the driver.

Finally, imagine you are driving to an important appointment and are delayed by the ubiquitous road work we encounter in Houston. You are now very late for that appointment, and when the road work clears and you are under way driving again, you pull out your cell phone and start texting your meeting partner to tell her you’re running late. On September 1, 2017, this will be a Class C traffic violation punishable by a fine of $25 to $99 for a first offense, up to $200 for a second offense, or if an accident involving serious bodily injury or death occurred during the transmission or receipt of a text, it could be a felony offense. There may be a defense to prosecution if the car was stationary at the time, or if the driver was using a hands-free device, reporting illegal activity or summoning emergency help, reading a message that the driver reasonably believed involved an emergency, activating music functions or using a GPS function.

Why tempt fate in your car in any of these scenarios? Accidents can and do happen in the blink of an eye, so please follow these laws, drive friendly, and arrive alive!

You’re home waiting for your high school teenager to get home after a night out with friends at a school event. Your phone rings and your child tearfully tells you that she’s at a police sub-station under arrest for a misdemeanor offense. What do you do? What will happen to them?

First, you must know that your 17-19 year old is considered an adult under Texas law and will be treated like an adult. Then, remain calm and do not judge them – you don’t know the evidence yet. Re-assure them that you will be working on their release. Tell them to be courteous to the police and to tell the police with all good manners that they want to speak with a lawyer before answering their questions. The police must stop questioning at this point.

Call a reputable bail bondsman from Connecticut Bail Bonds and arrange for bail if you can afford to do so. You may need to travel to a bonding office, so prepare for a long night. The bondsman will track your child’s location in the system and arrange for their release. Your teenager may be released at the police station if they were arrested with a small amount of marijuana under the DA’s new “catch and release” marijuana policy that can be viewed in this site. In other cases, in the near future, under new bail reforms your they may be released at the police station on personal recognizance if charged with one of several low-risk offenses. If the offense is more serious, they will be taken to the Harris County Jail to appear before a hearing officer who may release them on personal recognizance, or set an appropriate bail amount. They will then call you to pick them up.

Bring your teenager back home and resist the temptation to lecture. They are afraid, tired and bewildered by this process. Get them cleaned up, fed and make sure they get some rest. You can talk in the morning when nerves are less frayed and everyone is hopefully more rested.

Contact an attorney as soon as possible and try to retain them with your teenager present. You may be asked to leave the room while they talk to ensure attorney-client confidentiality that enables the lawyer to more effectively represent them. If you cannot afford an attorney, one will likely be appointed on the first court setting if your teenager can establish indigency (your family’s income is within 125% of the federal poverty guidelines).

A court date is printed on the bail bond or release forms given to your teenager and you should calendar this right away and make sure your they get to court on time and properly dressed. Then and in the several settings that may follow, your teenager’s lawyer will help her evaluate the evidence in the case to decide whether to proceed to trial, seek a dismissal or plea bargain.

The court and staff will be courteous and provide a fair place to resolve the case, with several programs available to resolve cases without trial. These range from dismissal with a completed class, therapy or restitution payment; pre-trial intervention or diversion (not a conviction, and record wiped clean (expunction) is possible when successfully completed), deferred adjudication (not a conviction, community supervision, and non-disclosure order possible, but no expunction when successfully completed; regular probation (conviction with community supervision, and usually no jail); and last, a jail sentence, fine or both. There may be other collateral consequences to the case your attorney can explain.

Throughout this process I encourage you to be supportive of your teenager, refrain from being judgmental, and provide a home atmosphere conducive to a successful defense or disposition of the case. Please be assured that our courts rely on evidence-based probation practices tailored to suit your child’s individual needs. We will work together towards a just result for all involved.