Recent Blog Posts
What Happens If I Refuse a Breathalyzer Test in Texas?
Can I Refuse To Take The Breathalyzer? For many Texas residents, their first encounter with the criminal justice system will come in the form of a DWI arrest. These cases usually begin with a traffic stop initiated by a police officer. During the stop, the officer observes the actions and statements of the driver… Read More »
Domestic Violence In Texas Questions And Answers
Galveston domestic violence defense attorney Mark Diaz answers questions on Domestic Violence in Texas Do all domestic violence cases in Texas go to trial? No, many domestic violence cases plead out, cases get dismissed, some cases do go to trial. Each case is fact-specific, but domestic violence cases are just like any other criminal… Read More »
What Rights Can I Lose If Convicted Of A Felony?
When it comes to a felony charge, most defendants are only thinking about the potential fine or jail time they face if convicted. But a felony conviction carries a wide range of secondary consequences. Indeed, there are many legal rights you can lose as a convicted felon, and you may find they are not… Read More »
Trying A Case During COVID And Sexual Assault Questions
What is it like trying a case during the pandemic? How have covid protocols affected the court process? Last week, I was on a trial in the 405th District Court here in Galveston, judge Jared Robinson, presiding. I had an aggravated assault, causing serious bodily injury. Under the new protocols, we started the trial…. Read More »
How Different Is The Punishment For Drug Possession vs. Drug Trafficking?
Although public attitudes towards illicit drugs have softened in recent years, Texas still maintains some of the strictest anti-drug laws–and penalties–in the country. Even carrying a relatively small amount of a controlled substance may lead an overeager prosecutor to charge you with a drug trafficking offense. And these crimes are often prosecuted as felonies,… Read More »
Do I Have to Take a Breathalyzer Test? An Overview of Texas Law
In Texas, it is unlawful to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or higher. One of the common ways law enforcement officers measure a person’s blood-alcohol level is by administering a breathalyzer test. This raises an important question: Do I have to take a breath test? The short… Read More »
Texas Criminal Defense Questions Answered By Galveston Criminal Defense Lawyer
Why hire a criminal defense attorney when I can get a court-appointed lawyer? Not everyone is entitled to a court-appointed lawyer. In order to get a court-appointed lawyer, you have to be what they call indigent. A finding of indigency requires that you make below a certain income amount, and most courts use the… Read More »
Common Texas Criminal Defense Questions
Will I go to jail for a drug crime? There are a lot of factors that go into this. That’s going to depend on the amount of drugs that were found, it’s going to depend on the drug, whether you were selling, manufacturing, or possessing, and what you were accused of. It will also… Read More »
Criminal Law Questions Answered By Galveston Attorney Mark Diaz
Galveston Criminal Defense Attorney Answers Common Criminal Law Questions Do Criminal Law Attorneys have payment plans? Well, most do. It’s going to depend on the complexity of the case, the amount that we’re talking about, and the length of time it would take to resolve the case. We offer them here at my Galveston… Read More »
Legal Questions Answered By Galveston Criminal Defense Lawyer
What should I do if I’m arrested? The first thing that you should do is bond out of jail. Once you’ve bonded out, you need to contact an attorney and start getting your defense together. With most criminal cases, it’s important that you get started right away building your defense and working on what… Read More »
