If someone dies from an accident you caused while driving drunk in Rockwall, you will face intoxication manslaughter charges. Upon conviction, you will lose your license and pay a substantial fine — and potentially spend years or decades in prison.

The cost of an intoxication manslaughter conviction is much too high to face on your own. An intoxication manslaughter lawyer in Rockwall will protect your rights and fight for your freedom.

Contact the Law Offices of Randall B. Isenberg today to schedule a no-cost consultation: 214-696-9253.

What Can an Intoxication Manslaughter Lawyer Do for Me?

When facing any criminal charges, having a lawyer is the best way to protect your legal rights. When you face serious charges like intoxication manslaughter, a lawyer is your best hope for staying out of prison because, upon conviction, you will go to jail for anywhere between two and 20 years.

In addition to protecting your rights, your lawyer will help you explore your options, and ensure that you understand how each one may affect your future.

We will immediately go to work analyzing the evidence and looking for any potential mistakes or weaknesses in the prosecutor’s case. In some cases, we may be able to intervene with the prosecutor and negotiate the reduction of your charges to a less severe crime. If the police make any significant errors during your arrest, your lawyer could potentially even convince the prosecutor or the court to dismiss your case.

In some cases, however, your intoxication manslaughter attorney may have to build a case for defending you in court. Because the prosecution must meet a high burden of proof, we will work to establish reasonable doubt of your guilt.

Having an attorney who understands the Texas criminal process from the prosecutor’s perspective can give you a powerful advantage. Randall Isenberg spent parts of his time in the justice system as both a prosecutor and judge, so he has the experience you need.

How Long Will I Go to Jail for Intoxication Manslaughter?

You could end up spending your life in prison. This offense carries felony charges in the second degree, which qualifies for penalties including:

• Up to $10,000 in fines
• 2 to 20 years in prison (up to 99 years in prison if the victim was a first responder)
• A potential 2-year suspension of your driver’s license
• Up to 1,000 hours of community service
• Mandatory attendance at an alcohol education program
• Ignition interlock installation on your car
• Restitution
• Court costs and fees

If your case involved aggravating circumstances — such as an open container, a minor passenger (under age 15), or a BAC of 0.15 or higher — you will face even more serious charges and penalties.

After a felony conviction, you will permanently lose your right to vote, sit on a jury, or own or possess a firearm. You will not be able to obtain a hunting license or most types of professional licensure, such as a real estate license or teaching certificate.

Finally, an intoxication manslaughter conviction will leave you with a permanent criminal record, which can make it difficult or impossible to get a job or rent an apartment.

How Will My Intoxication Manslaughter Lawyer Fight the Charges?

A prosecutor will only be able to pursue intoxication manslaughter charges if someone died in connection with your drug driving incident.

For an intoxication manslaughter conviction, the jury must find that you:

• Drove a car in a public place while legally intoxicated (i.e., had a blood alcohol concentration [BAC] of at least 0.08); and
• Caused an accident that led to a fatality.

Your lawyer will search for any potential errors the police made during your arrest and processing. Although the statutes require that all drivers involved with a serious or fatal accident submit to chemical testing for BAC, any evidence the police gather might be inadmissible if they violate your Constitutional rights or mishandle any part of the process.

It is important that you realize that a seemingly damaging BAC test result does not guarantee a conviction. The prosecutor must still make his case for guilt beyond a reasonable doubt.

Your lawyer may use one or more of the following arguments to establish that all-important reasonable doubt.

It is possible that the police failed to establish probable cause for requesting a formal breathalyzer or blood test for BAC. This can occur if the police fail to follow protocols for field sobriety testing established by the National Highway Traffic Safety Administration (NHTSA).

Your lawyer may attempt to demonstrate that you were not at fault for the accident in question. You may have committed DWI but that does not prove you caused the accident or committed manslaughter.

It is also possible that, even if you caused the accident, the accident did not cause the fatality. The prosecutor must present evidence that proves beyond a reasonable doubt that your actions caused the accident and that the accident caused the fatality. Sometimes that may be more difficult than you might think.

In some cases, your lawyer may assert that the prosecutor has no proof of your legal impairment at the time of the accident. Chemical testing for BAC can only prove impairment at the time of the test.

The NHTSA and the Texas Administrative Code both establish guidelines for BAC testing. If the police failed to follow these guidelines, it may invalidate BAC test results.

We may use these or any number of other legal strategies to make a case in your defense.

Meet with a Rockwall Intoxication Manslaughter Attorney at No Cost

Do not answer questions, make a statement, or make any decisions about your intoxication manslaughter charges until you talk to a lawyer to learn what your options are.

Attorney Randall Isenberg can bring more than 30 years of experience to your case, including time spent as a district court judge and a felony prosecutor. This insider’s knowledge can make all the difference in the outcome of your case.

The Law Offices of Randall B. Isenberg will provide a no-cost consultation with a Rockwall intoxication manslaughter lawyer. This will help you get all your questions answered and make a more informed decision about your future. Call today at 214-696-9253.

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If you cause an injury accident while driving under the influence, you could face intoxication assault charges — and a potential prison sentence. In addition to a potentially lengthy prison sentence, you may have to pay hefty fines, lose your driver’s license for a year or more, and have a permanent criminal record.

Before you make a statement or any decision about your case, talk to an intoxication assault lawyer in Rockwall. Call the Law Offices of Randall B. Isenberg today at 214-696-9253 for a no-cost consultation.

How Can an Intoxication Assault Lawyer in Rockwall Help You?

Unless you are prepared to send at least two years behind bars, you need help from an intoxication assault lawyer.

This crime carries second-degree felony charges. In addition to your prison sentence, you will likely pay a substantial fine and lose your license for at least six months.

A DWI lawyer will protect your legal rights and help you understand the serious consequences of an intoxication assault conviction. Your lawyer will comb through the evidence in your case to identify potential weaknesses or errors that the police may have committed.

Using this information, your attorney can go to the prosecutor and attempt to negotiate for a lesser charge. If the prosecutor will not consider reducing or dropping your charges, your lawyer will begin building a case for your defense.

Taking your case to court will give your lawyer the opportunity to establish reasonable doubt in the jury’s mind, potentially leading to a “not guilty” verdict.

How Long Will You Spend in Prison for Intoxication Assault?

The Texas Penal Code defines intoxication assault as an injury that results from an unintentional accident caused by driving under the influence. The injured person may be anyone, including a passenger in your car or another car, a pedestrian, bicyclist, or bystander.

Although the minimum sentence for an intoxication assault conviction in Rockwall is two years in prison, you could potentially spend two decades behind bars, depending on the circumstances of your case.

In most cases, intoxication assault qualifies for third-degree felony charges. A conviction carries penalties including:

• Prison sentence of 2 to 10 years
• Fines of up to $10,000
• Driver’s license suspension up to one year
• Mandatory alcohol education program
• Supervised probation
• Community service up to 1,000 hours
• Ignition interlock devices on your vehicle(s)
• Alcohol and drug testing

The prosecutor will pursue second-degree felony charges if you had any aggravating circumstances connected with your accident. This may include having an open container of alcohol in the vehicle or having a child under age 15 as a passenger.

Conviction on a second-degree felony charge qualifies for as much as 20 years in prison, a $20,000 fine, and a two-year suspension of your license.

If your blood alcohol concentration (BAC) was 0.15 or above, the penalties for a conviction will be even more severe.

Potential Legal Challenges to Intoxication Assault Charges

A lawyer from the Law Offices of Randall B. Isenberg can explain what a conviction might mean for your future and determine the best way to approach your case.

After reviewing the evidence and identifying potential weaknesses in the case, your lawyer will negotiate with the prosecutor to have your charges reduced or potentially even dropped.

However, because of the serious nature of an intoxication assault, some prosecutors will be unwilling to reduce charges. In this case, Randall and his team can go to work building a case for your defense. The prosecutor has a high burden of proof for conviction, which provides your lawyer with many potential options for making your case.

Depending on the facts of your case, we may have quite a few options for possible defense strategies.

To obtain a conviction, the prosecutor must demonstrate beyond a reasonable doubt that you caused the accident in question — and that the accident caused the victim’s injuries. To challenge this assertion, we can argue that either:

• You did not cause the accident. (Being involved in a car crash does not mean you caused it, even if you were intoxicated. The prosecutor may be able to prove DWI, but the penalties for that crime are significantly less than those for intoxication assault.)
• The accident did not cause the victim’s injuries. (The injuries could have resulted from the victim’s failure to wear a seat belt, for example.)

Your attorney may also elect to argue that you were not legally impaired at the time of the accident. Even if your chemical BAC test results indicated a legal level of impairment, we can argue that you did not have that level of impairment at the time of the accident.

Faulty BAC testing offers another option for fighting your intoxication assault charges. If the police violated any of the required guidelines for BAC testing, the court may disallow the resulting evidence.

Another possible defense strategy involves arguing about the extent of the victim’s injuries. The applicable statutes define intoxication assault as causing life-threatening physical injury or some type of permanent harm to the victim. Although prosecutors may assert that the accident caused significant damage, we may argue that the victim did not sustain any life-threatening injuries or long-term damage from the accident.

These are just a few of the possible legal strategies your lawyer can use in your defense. For the best possible legal representation, trust your case to a knowledgeable intoxication assault attorney in Rockwall.

Schedule a Free Consultation with a Rockwall Intoxication Assault Lawyer

Attorney Randall Isenberg understands how frightening and confusing it can be to face serious criminal charges.

Attorney Isenberg has more than 30 years’ experience, and he will put his extensive knowledge to work for you.

Call the Law Offices of Randall B. Isenberg today at 214-696-9253 to schedule a complimentary, no-obligation consultation with an intoxication assault lawyer in Rockwall.

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A commercial DWI conviction will result in suspension of your commercial driver’s license (CDL) for as long as a year. An additional conviction will mean a permanent revocation.

If you face commercial DWI charges in Rockwall, seek legal help. The Law Offices of Randall B. Isenberg provides legal representation to CDL holders facing DWI charges. Contact us today at 214-696-9253 to speak with a commercial DWI lawyer in Rockwall at no charge.

How Can a Commercial DWI Lawyer Help Me?

Commercial DWI charges carry harsh penalties that could lead to a permanent revocation of your CDL.

Although you could try to fight these serious allegations on your own, a commercial DWI lawyer understands how the system works, and how prosecutors go about building a case against you.

Your attorney can protect your rights under the law while working to have your drunk driving charges dropped or reduced.

The legal process for DWI in Rockwall involves both a criminal and a civil component. Although these proceedings take place independent of one another, they both can affect your life and your livelihood. Your lawyer can help you understand the charges pending against you and what a conviction may mean for your future.

After having the opportunity to comb through the prosecutor’s evidence against you, your lawyer can use any potential weaknesses in your case as leverage for negotiating for a reduction or dismissal of your charges.

For CDL holders, the civil aspect of your case, known as the Administrative License Revocation (ALR) hearing, will be instrumental in the disposition of your license. Having a commercial DWI attorney represent you at an ALR hearing is equally as important as it is for the criminal component of your case.

What Are the Commercial DWI Penalties in Rockwall?

The Texas Penal Code details the penalties and fines that apply to all Texas drivers. Drivers who hold a CDL will also face what are known as disqualification penalties.

It is important to note that a commercial DWI applies regardless of whether you were driving your truck or your personal vehicle.

If the police arrested you for DWI while you were driving a personal motor vehicle, having a blood alcohol concentration (BAC) of 0.08 or above carries a Class B misdemeanor charge as long as you have no prior drunk driving convictions. Conviction on a Class B misdemeanor means up to six months behind bars a fine of up to $2,000. This statute applies to all drivers.

You will also face the above DWI charges if your BAC registered 0.04 or above while you were behind the wheel of a commercial vehicle.

Upon conviction for drunk driving, the judge will require you to install an ignition interlock device on your personal vehicle, attend an alcohol safety education course, and perform community service.

But, if you hold a CDL you will also face commercial disqualification penalties, which are significantly harsher than those that apply to non-commercial drivers. Remember, these penalties apply no matter what type of vehicle you were driving at the time of your arrest.

Understanding Rockwall Disqualification Penalties for Commercial DWI

All CDL holders, upon conviction for DWI, face disqualification of their commercial license, as set forth in the Texas Transportation Code (TTC).

If you plead guilty to DWI charges, if the court found you guilty, or if you refused to submit to BAC testing, your automatic disqualification period will be one year. If you happened to be carrying hazardous materials requiring a HAZMAT identification placard at the time of your DWI, the disqualification is automatically three years.

Upon conviction for a second DWI, the TTC requires your permanent disqualification.

How Will Your Commercial DWI Lawyer Fight Your Case?

Upon evaluation of the evidence, your commercial DWI lawyer may identify errors committed by the police or potential problems with the evidence they collected during your arrest.

If the police had no reason to believe you broke the law — but they pulled you over anyway — your attorney may argue that they had no reasonable suspicion for your traffic stop. If the judge agrees, the court may dismiss your charges.

Once the police pulled you over, they had to establish probable cause that your BAC exceeded the statutory limit before placing you under arrest. If the police failed to establish probable cause, the prosecutor may entertain the possibility of reduced charges.

If your chemical BAC testing failed to comply with the standards established by the National Highway Traffic Safety Administration, the court may also disallow your test results. The standards require specific maintenance, testing, and calibration of the breathalyzer equipment as well as formal training and certification for the operator.

Your commercial DWI lawyer can potentially identify other weaknesses in your case during the ALR hearing. During this administrative proceeding, both you and the arresting officer give testimony under oath. Your lawyer has the right to question the police officer at this time, which can bring to light potential problems with the evidence against you.

Your lawyer can then use that information to make a case for dismissing or reducing your charges — or for building a strong defense and taking your case to court.

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Schedule a No-Charge Meeting with a Commercial DWI Lawyer in Rockwall

If you rely on a CDL to earn a living, a DWI conviction will leave you no source of income for at least a year —  possibly permanently. Even if you do get your commercial license back, few trucking companies will express interest in someone with a DWI conviction.

However, when you enlist the help of a DWI lawyer, you will have an advocate to protect your rights and help you make critical decisions about your future.

In Rockwall, Attorney Randall Isenberg has extensive experience as an attorney, felony prosecutor, and state judge. This insider’s perspective can provide the background and knowledge you need to achieve the best possible outcome in your case.

You can schedule a free meeting with a DWI lawyer in Rockwall today, by calling the Law Offices of Randall B. Isenberg at 214-696-9253.

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Upon conviction for any criminal charges in Texas, your offense becomes a part of your permanent — and public — record. But did you know that you can also have a record even if you did not commit a crime?

Just as convictions do, arrests and criminal charges remain on your record, even if the prosecutor dropped the charges or a jury acquitted you. This information shows up every time someone runs a background check on you. The good news is that you may qualify for expunction for a past arrest, or non-disclosure for a past conviction. An expunction and non-disclosure lawyer in Rockwall can help you pursue either option.

To learn how, contact the Law Offices of Randall B. Isenberg today at 214-696-9253, and schedule a no-cost consultation.

What Is the Difference Between Expunction and Non-Disclosure?

In Texas, expunction (also sometimes called expungement) refers to the legal process of eliminating records of an arrest or criminal charges from your public record.

As outlined in Chapter 55 of the Texas Criminal Code, expunction will only purge arrests for which the state never charged you. Criminal charges eligible for purge include those for which you got an acquittal, a pardon, or a dismissal, or for which you completed a pre-trial diversion program. You can also request expungement if charges resulted from a case of identity theft.

This process leads to the literal destruction of your arrest records and gives you the legal right to deny that the arrest took place, even under oath.

An order for non-disclosure ensures that a past conviction does not show up on your record when someone runs a background check on you. Outlined in the Texas Government Code (Article 411), this process does not eliminate your conviction from your record — and it remains accessible to the courts, law enforcement, and governmental agencies related to childcare and safety.

However, a non-disclosure order allows you to legally deny having an arrest record.

You can request an order of non-disclosure if you completed a deferred adjudication program, but not if you entered a guilty or no-contest plea, or if a jury convicted you.

Which Records Can an Expunction Lawyer Help Clear?

In Rockwall, an expunction lawyer can help you clear your record of dismissed charges, arrest records, misdemeanor juvenile offenses, overturned convictions, pardoned offenses, and anything that is on your record because someone stole your identity and committed a crime in your name.

However, even if your case does not fall into one of these categories an expunction lawyer in Rockwall may still have legal means to assist you.

What Are the Requirements for Expunction in Rockwall?

If you went to trial on the charges in question, you qualify for expunction only if you received a pardon or acquittal at trial, and as long as the court did not convict you on another crime related to this incident.

If you did not go to trial on the charges you want expunged, you must not have been arrested for a probation violation, fled while on bail for those charges, been convicted, or received court-ordered probation for that crime.

To qualify for expunction, the statute of limitations must have run out or the court must have voided the charges or the prosecutor no longer needs your records or the prosecutor dismissed the charges or the statutory waiting period ended.

What Is the Process for Having Arrest Records Expunged?

Your expunction lawyer will prepare a legal petition and submit it to the court in the jurisdiction of your original charges. Your lawyer must also name any persons or agencies that have a copy of your record as a respondent and submit the petition to each one, which allows them to comment on or contest the expunction.

The court will then schedule a hearing, at which you and your attorney must appear and present proof that you have met the requirements necessary for expungement.

Respondents have the option to appear and argue against the petition.

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Which Records Can a Non-Disclosure Order Address?

A non-disclosure order prevents the public from accessing records related to specific types of Texas criminal convictions.

Any offense categorized in the statutes as a Class B misdemeanor or below potentially qualifies for a non-disclosure order as long as you received deferred adjudication — and as long as you met all the requirements associated with the deferred adjudication.

Some types of offenses do not qualify as sealable under a non-disclosure order. Those include murder; injury to a child, a disabled person, or a vulnerable senior; child abandonment or endangerment; family or domestic violence; violation of a protection order; kidnapping; or any sex crime.

To qualify for a non-disclosure order, you must have complied with all terms of your deferral or probation agreement. You must also wait the required time period and have no subsequent arrests or indictments.

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What Is the Waiting Period for Expunction or Non-Disclosure?

To request an expunction, the statutory waiting period must have expired for that offense. You can petition the court early; however, the court may decline to act. If the court does agree to an early expunction, the prosecutor often retains your file through the statutory limitation period.

The statutory waiting periods are listed below, in order of severity.

Misdemeanor offenses qualify for non-disclosure as soon as you finish probation or deferral. If your crime involved weapons, violence, or sex-related charges, however, the statutes require you to wait until three years after you finish deferral or probation. For felony offenses, you must wait ten years after deferral or probation.

Ask a Rockwall Expunction and Non-Disclosure Lawyer Your Questions Today

Petitioning the court for an order of non-disclosure or expunction requires a clear understanding of the law. The court can deny or reject your petition for the smallest mistake or omission.

The Law Offices of Randall B. Isenberg would like to offer you a free consultation with a Rockwall expunction and non-disclosure attorney. This will allow you to ask questions and determine if you qualify to apply for an expunction or an order of non-disclosure.

Call us today at 214-696-9253 to schedule an appointment.

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In Texas, a conviction on firearms and illegal weapons charges can lead to substantial monetary fines and time behind bars. It also means you will have a permanent criminal record that could prevent you from owning or carrying a firearm in the future.

To protect your legal rights, call a weapon offense lawyer in Rockwall.

Contact the Law Offices of Randall B. Isenberg today for help: 214-696-9253.

What Are the Penalties for Weapon Offenses in Rockwall?

The penalties associated with a weapons conviction depend on the nature of the charges. However, most basic weapons offenses — carrying a banned weapon or illegal carry of a firearm, for example — carry misdemeanor charges.

Upon conviction for a Class B misdemeanor, you will face a $2,000 fine and as much as six months behind bars. For a Class A misdemeanor, you could face a $4,000 monetary fine and up to one year behind bars.

More serious charges, such as carrying a weapon with a restraining order or prior convictions for felonies or domestic violence, potentially mean much more serious penalties. These offenses may mean felony charges in Texas, punishable as follows.

Possession of a firearm during certain offenses, especially violent crimes, will lead to aggravated charges.

Some examples are aggravated robbery and aggravated assault, committing a crime in the presence of a minor child, and having prior criminal convictions. If you commit a weapon offense at an airport, school, or another type of government facility, you will also face the most serious level of criminal charges.

Aggravated criminal offenses such as these often lead to the filing of federal weapons charges, and the potential for a life sentence in a federal prison.

Can a Weapon Offense Lawyer in Rockwall Help Me?

Facing Texas weapons charges without the help of an attorney can put your entire future at risk. Having a weapon offense lawyer on your side will help protect your legal rights and give you the chance to fight for your future and your freedom.

You need a lawyer who understands how Texas gun laws work and how the prosecution will build its case against you.

We will obtain all the relevant evidence, interview witnesses, obtain any security or surveillance footage, and review police reports. Your lawyer can use any potential weaknesses — including illegal search and seizure or the mishandling of weapons evidence — when building your defense.

If the prosecutor has not yet filed charges, Randall Isenberg may be able to negotiate for lesser charges or, in some cases, convince the prosecutor not to file charges at all. Even if the prosecutor has filed charges, we can negotiate for a reduction or attempt to convince the judge to dismiss your case.

Randall and his team will be by your side through every step of the process, ensuring that you understand your options and helping you make the best possible choices for your future.

Understanding the Texas Illegal Weapons and Firearms Laws

Section 46 of the Texas Penal Code (TPC) provides most Texas residents with the right to own a gun, as long as they keep it out of sight. You can legally have a gun in your home as well as in your vehicle.

Texas handgun laws are not so clear, however, and subject to fairly frequent modification by the legislature.

Many weapon offenses result from not knowing or understanding recent changes in the firearms laws.

Texas Firearms Law Basics

Per the TPC, it is illegal to own, possess, manufacture, sell, repair or transport short-barrel firearms (including ammunition and accessories), machine guns (including ammunition and accessories, silencers, and armor-piercing ammunition.

Carrying a gun into a hospital, church, prison, nursing home, amusement park, or bar is also illegal under Texas law.

Texas Concealed Firearms Law Basics

The Texas Administrative Code (TAC) grants most Rockwall residents the right to possess and carry concealed handguns as long as they remain holstered. To carry a concealed weapon, however, you must have a duly issued handgun license from the Texas Department of Public Safety (TxDPS).

The law prohibits taking a concealed weapon into any school, airport, polling place, race track, off-track betting facility, or government building. Recent changes in the laws allow private colleges to opt out of this prohibition and allow concealed carry at Texas community colleges.

You may not own or possess any firearm if you have lost your legal right to own a gun or if you are a member of a known criminal organization or street gang.

Non-Firearm Weapons Law Basics

Texas statutes prohibit any person from carrying, owning, selling, or trading brass knuckles, zip guns, grenades, rockets, bombs, nightsticks, clubs, or chemical dispensing devices.

Although previously illegal under Texas law, recent legislation changes mean that you can now legally carry (in the open, in public places) swords, spears, sabers, machetes, and knives with blades that exceed five inches.

Switchblades, however, remain illegal.

Call a Weapon Offense Lawyer in Rockwall Today

Whether the state has filed charges or has you under investigation for weapons offenses, act quickly to find a weapon offense lawyer to represent you.

Charges do not mean that a conviction is inevitable. Your lawyer can work with the prosecutor to get your charges reduced or dismissed. However, if the prosecutor will not agree, your lawyer can get to work building a strong case in your defense.

Attorney Randall Isenberg, of the Law Offices of Randall B. Isenberg, has more than three decades of experience as a weapons offense lawyer, a chief felony prosecutor, and state district court judge. This unique level of experience provides keen insight into how the prosecution will build their case, and provides Attorney Isenberg with the knowledge and experience to get the job done for you.

The Law Offices of Randall B. Isenberg offers a complimentary consultation, to answer your questions and help you make informed choices for your future. Contact us today to schedule an appointment: 214-696-9253.

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