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Cedar Hill Intoxication Assault Lawyer

When police arrest you after an injury accident and you are charged with intoxication assault, it can feel like the whole world is against you. You face an uncertain future because of the potential criminal penalties. Your life could change forever if you receive a conviction on charges related to the accident.

Our Cedar Hill intoxication assault lawyer knows the feelings of uneasiness that accompany facing these charges. The Law Offices of Randall B. Isenberg team is ready to fight as hard as we can to defend you against charges related to the accident. We give you the professional representation that you deserve.

We Will Help You Understand an Intoxication Assault Charge

Many people have a limited understanding of the charge of intoxication assault in Texas. This type of charge differs quite a bit from a standard charge of assault that results from an attack or a fight.

An intoxicated assault charge is possible when, according to Texas Penal Code Chapter 49, a driver who is illegally operating a vehicle under the influence of alcohol or drugs causes an accident where people suffer serious bodily injury. This is a third-degree felony charge.

The Consequences of a Fatal Accident

If the drunk driving accident results in a fatality, prosecutors can replace the intoxication assault charge with a charge of intoxication manslaughter. This becomes a second-degree felony, creating a potential for you to receive more serious penalties than the third-degree penalty.

The Consequences of a Felony Conviction

Your intoxication assault attorney in Cedar Hill, TX, might recommend that you aggressively defend yourself against any charge that involves a felony, including an intoxication assault charge. A conviction on a felony will affect your life for many years, according to the United States Probation Office—Western District of Texas, including the potential for:

  • The loss of the right to vote until you finish serving your penalties
  • The loss of the right to own a firearm
  • The loss of the ability to hold certain jobs
  • The loss of the ability to run for some public offices
  • The inability to serve on some juries
  • Prison time of two years or more
  • A fine of up to $10,000

A felony conviction carries far harsher penalties than those involved with a misdemeanor conviction. Felony charges also create longer-lasting consequences.

Our Intoxication Assault Lawyers Serving Cedar Hill Will Work for You

Randall B. Isenberg has more than 30 years of experience working in the legal profession. This level of experience can be a significant advantage for you in your case. He also knows all aspects of the legal system, having previously worked as a prosecutor and as a state district judge.

Consequently, our team has multiple strategies we could use to secure the best possible outcome in your criminal matter.

Seeking a Reduction in Your Charges

One strategy we might attempt to use in a felony case is seeking a reduction in the charges against you, hoping to end up with misdemeanor charges or a complete dismissal of the charges.

To convince a prosecutor to reduce the severity of the charges against you, including the felony intoxicated assault charge, we will need to produce facts from our own investigation of the accident. We could show facts that weaken the evidence against you, leading to reduced charges.

Questioning Whether Police Collected Evidence in a Legal Manner

In a case involving a DWI situation, police must collect evidence showing your intoxication level. They must follow the law perfectly when doing so. Any deviation from the proper procedures could create doubt about the accuracy of your blood alcohol concentration (BAC) measurements, helping us defend you.

Law enforcement officers must also undergo a significant amount of training before administering these tests. If we can show that an inexperienced officer performed your tests without the proper training, we could use those facts in your defense.

Questioning the Other Party’s Injuries

Because the Texas Penal Code requires that a charge of intoxication assault must involve serious bodily injury to the other person, prosecutors must prove the level of injury against the other party. The definition of serious bodily injury includes:

  • Traumatic brain injury
  • Injury that creates a substantial risk of death
  • Loss of a body part
  • Protracted impairment of a body part
  • Protracted impairment of a body organ

We could show that the injuries to the other party in your accident are less severe than prosecutors allege. If so, we could convince prosecutors to reduce or drop the felony intoxication assault charge.

Hire a Criminal Defense Attorney To Stand By You Through Difficulty

You may feel as though police officers and prosecutors have a strong case against you after your drunk driving accident. Prosecutors may tell you that you should just plead guilty to the intoxicated assault charge to finish the case as quickly as possible.

It can be tempting to try to end the case fast. The hardest part about facing criminal charges is the unknown for some people. Waiting for a trial or resolution of the case can seem to take an eternity. However, because of the serious consequences involved in a felony charge, we would never recommend focusing on ending the case fast.

Allow Us To See Whether We Can Help Your Situation

Let our team investigate your case and develop an effective defense strategy for you. If we can secure a favorable outcome in your case, it will be worth the wait.

Cedar Hill Intoxication Assault Attorney Near Me
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We Do Not Give Up When Facing Difficult Circumstances

Our intoxication assault lawyers know that fighting against charges related to intoxication assault and DWI is extremely challenging. Our Cedar Hill team does not let this deter us, though. We fight as hard as we can in defending your rights, always attempting to reach a favorable outcome.

For a free review of your case, contact the Law Offices of Randall B. Isenberg today at (214) 696-9253.

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Austin Intoxication Assault Lawyers

If you were accused of intoxicated assault in Austin, Texas, you have rights that you should discuss with our attorney and legal team.

These violent encounters can cause dramatic changes in your life, so you should obtain legal representation when you know that you did nothing wrong or did not commit a crime that rises to this level.

Working with an Austin intoxicated assault lawyer from the Law Offices of Randall B. Isenberg gives you the opportunity to focus on moving forward while we help you navigate the legal system. We will review your situation and review your legal options for fighting the charges you face. We can speak with you more during a free initial consultation.

Determining Fault After the Incident

Determining fault after the incident is a large part of your case. While what occurred may be obvious to you, it may not be obvious to the court, and there may be more to the story. We interview eyewitnesses, review police reports, and conduct our own investigation to ensure we have all the facts. As part of our investigation, we must ensure we have uncovered all parties that were present and may be responsible for the situation. These parties might include:

  • Someone you know
  • Someone you have never met
  • Venue employees
  • Law enforcement officials
  • Location managers
  • Bartenders and others who dispense alcohol

While you may believe that you know what occurred on that day, we ask that you do not reach out to anyone involved in the case. We want to investigate the case fully, and we will not make any claims until we have investigated and shared that information with you. Most importantly, you must be completely transparent with our attorneys so that we understand exactly what occurred. We also review the statutes under which you may be charged, looking at not only what the law says but how your case dovetails with known precedent. In Texas, you might be charged with aggravated assault under Texas Penal Code § 22.02 or alcohol-related offenses as defined by the Texas Department of Public Safety.

What Can an Austin Intoxication Assault Lawyer Do for You?

When you retain us to represent you, we will offer several services that make this challenging time in your life easier. Most of all, we will support you as you work to move past this episode. 

Explain the Case to You

Many criminal and assault cases may seem straightforward, but we will explain your rights, the evidence we have, and how we should proceed. By supporting you and explaining everything, we are helping you make informed decisions. There are times when you may negotiate a plea deal, and we will speak on your behalf. We will attend all meetings, and we can even explain when it is wise to go to trial to defend yourself. 

Support Your Family

We will support your family by providing you with referrals and additional support. If you need to speak with an employment attorney, for example, we will refer you to someone we have worked with in the past. We will also help you understand how long it should take to resolve your case.

Answer Your Questions

Cases such as this will create more questions than they answer. However, you may feel uncomfortable asking repeated questions throughout your case. We are happy to explain everything to you and give you the information you need. Never be afraid to reach out to our legal team if questions arise or you need information that you cannot get anywhere else. 

Communicate on Your Behalf

We will communicate on your behalf. After the incident, you might hear from interested parties that want to know more. We ask that you not speak to them and forward all communications to our office. In short, you can reach out to our legal team at any time when you require support. Having retained an attorney, you can turn to your attorney in situations when you feel you should have a legal representative present. 

What Defines Intoxication Assault in Texas?

In Texas, the definition of intoxication assault is something that we focus on as soon as you retain our legal team. The statutes, as mentioned above, have specific language that defines what intoxication assault is. Two phrases stand out when you review the language of Texas law. 

First, the crime must be committed “while intoxicated” to hold up in court. In Texas, you are legally intoxicated if:

  • You do not have the “normal use of [your] mental or physical faculties” because of “alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance;” or
  • You have an alcohol concentration of 0.08 or higher.

Often, law enforcement officials do not offer sobriety tests to arrestees, and that may make it difficult for the prosecution to prove you were intoxicated at the time of the incident. As a result, the prosecution may try to prove you were intoxicated through other means, such as speaking to witnesses, security footage, etc. However, our legal team will argue that there is no proof that you were intoxicated. 

If you were intoxicated, we must also look at the issue of bodily injury. For example, you may have committed a DUI offense because you got behind the wheel with a blood alcohol concentration level of 0.8% or more, but did you cause serious bodily injury?

Per Section 49.07 of the Texas Penal Code, serious bodily injury is an “injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.” For example, Margaret suffered spinal cord injuries after being hit by an intoxicated driver. Her injuries and the resulting damage mean Margaret will be wheelchair-bound for the rest of her life. She has suffered a serious bodily injury.

Proving Serious Bodily Injury

Under Texas law, serious bodily injury is a specific thing the prosecution must prove. Moreover, it must be demonstrated that you caused those injuries – which can be hard to do if there is not much evidence. 

Because this is a high bar to cross, we investigate the case carefully to prove that you, in fact, did not cause serious bodily injury. Keep in mind that intoxication assault is a third-degree felony punishable by up to 10 years in jail, a license suspension of 180 days up to two years, and a fine that could be as high as $10,000.Therefore, making this distinction is vitally important to your case.

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What Are the Penalties for Intoxication Assault?

Intoxication assault is a felony of the third degree unless there are reasons to impose enhanced offenses and penalties. For the offense of intoxication assault, a person could face:

  • Loss of driver’s license (a minimum of six months and a maximum of two years)
  • A two-year minimum prison sentence and can face up to ten years
  • $10,000 in fines
  • Alcohol highway safety school
  • Drug or alcohol rehabilitation
  • Installation of an ignition interlock device

If you injure more than one person, your charges might double. For example, if you injure a pedestrian and the driver of another car, you’ll face $20,000 in fines and up to two decades in prison.

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Possible Additional Consequences of Getting Convicted of Intoxication Assault

If you’re convicted of intoxication assault, you may also face:

  • Being away from your loved ones: If you’re sentenced to prison, your loved ones can come to see you, but this may be difficult for them. Additionally, they will miss your presence at home.
  • Family financial issues: If you have to go to prison, your family will lose the income you brought in. As a result, your family may face financial hardship.
  • Damage to your reputation: Those convicted of intoxication assault may have a hard time getting their criminal records expunged, and their prior convictions are visible to the public. These things can be damaging to your reputation.
  • Difficulty getting a loan in the future: It could be difficult for you to get any kind of loan, whether for business, your family expenses, or for something else.
  • Difficulty finding a job in the future: Many employers may avoid hiring you if you have a conviction.

An Austin, TX, intoxication assault lawyer from our firm may be able to help you avoid conviction and the other consequences we mentioned.s

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When Might I Face Enhanced Penalties for Intoxication Assault?

Texas law provides enhanced offenses and penalties under certain circumstances, enumerated in Section 49.09 of the Texas Penal Code. The circumstances and greater penalties include:

  • If you caused serious bodily injury to a first responder (e.g., a peace officer, firefighter, EMT, etc.) who was performing his official duties at the time, the state will elevate the offense from a felony of the third degree to a felony of the second degree.
  • If the victim suffered a traumatic brain injury that resulted in a persistent vegetative state, the state will also increase the offense to a felony of the second degree.

We will work to disprove the circumstances above and shield you from any enhanced penalties.

Contact Us to Learn About What Our Austin, TX, Intoxication Assault Lawyer Can Do

Call us for a free consultation with our representative. After retaining an Austin intoxicated assault lawyer with the Law Offices of Randall B. Isenberg, we will focus on exonerating you after the incident while you work to recover and move forward with your life. While a case such as this can change the course of your life, it need not define you.

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How Much Will It Cost to Hire a Criminal Defense Lawyer in Texas?

The cost of a criminal defense lawyer can vary based on several factors. Some of these factors include the complexity of the case, the severity of the charge(s), and the number of hours the lawyer works on the case. Some law firms have set fees while others charge by the hour.

If a criminal case ends up going to trial, the cost of a criminal defense lawyer will be a higher expense. When working with a Texas criminal defense lawyer from our team, we will present a fee agreement so you are aware of any costs associated with your case from the beginning.

What a Criminal Defense Lawyer Can do for You

According to Texas Penal Codes, if you are convicted of a crime, penalties could include paying large fines or serving jail time. A criminal defense lawyer at our firm could assist with getting fines and/or sentences either reduced or dismissed.

Getting a criminal charge can be a stressful ordeal that can leave you feeling scared and alone. A criminal defense lawyer can offer support and guidance to help you reach the best possible outcome for your case. Some of the services our law office provides:

  • Answering any questions or concerns you have throughout the entirety of your case. Lawyers from our firm are available to review your case and determine the costs associated with representing you.
  • An attorney can Investigate your case to ensure all necessary evidence has been collected and stored appropriately.
  • Negotiating for a resolution to keep your case out of court.
  • Managing communications.
  • Advising you on how to move forward during any plea deals or during trial.
  • Explaining the penalties you could potentially face if convicted.
  • Filing an appeal if necessary.

There are many responsibilities when building a criminal defense case. A lawyer from our team can help to ease the burden and take care of any legal obligations. Find out more about how lawyers from our team can assist you with your criminal defense case.

Penalties Can be More Costly Without a Lawyer

When you are facing permanent criminal charges or possible jail time, the fee for a lawyer could be worth the expense. Lawyers can help to reduce fines or even eliminate them completely. According to Texas Penal Code T. 1 C. 2, all citizens are innocent until proven guilty. An attorney at our firm will work tirelessly to make sure you are granted that right.

Some criminal charges cannot be expunged from your record, such as a DUI. It is important to hire an attorney to lessen the risk of being convicted to avoid these long-term issues. The cost of a lawyer can be worth it because of the money you can lose down the road if you are convicted of criminal charges.

There are also time limits for pursuing legal action against your charges. For criminal charges it is two to five years as per Texas Criminal Code of Procedure Title 1 Chapter 12. The length of time could even be shorter or longer than this depending on the severity of the crime. Call our office today to see how a lawyer from our firm can help you before time runs out.

Long-Term Consequences If You Are Convicted of a Crime

The effects of being convicted of a criminal offense can be significant in several areas that can affect you financially in the future. Some people aren’t aware of the negative consequences that could occur as a result of a criminal conviction. These include:

  • Seeking employment
  • Applying for a loan
  • Applying to educational institutions and financial assistance programs
  • Seeking to obtain custody of a child

It is important to understand the long-term consequences of having a criminal conviction on your record. The cost of hiring a lawyer can sometimes outweigh the negative consequences that could occur if you are convicted of a crime.

A Criminal Conviction Can Put You at Risk to Lose Employment

Being convicted on a criminal charge could lead to job loss. You could be denied a professional license or have a current license revoked. People who drive for a living could also lose their job if they no longer have a clean driving record. A lawyer from our firm could help to maintain a good driving record, even if it is something as small as a traffic ticket.

The process of clearing an offense from your record can be a complicated process. An attorney who is experienced in this area can help you manage the process. Protecting your livelihood can be worth the cost of an attorney in the long run.

Have an Attorney Review Your Case for Free

We know how devastating a criminal conviction can be at the Law Offices of Randall B. Isenberg. Throughout every step of your case, we will be there for you. View our case results to see how we have helped past clients.

Our goal will be to dismiss or reduce any charges brought against you. We want our clients to feel supported and optimistic about the outcome of their case. Our attorneys will always keep you updated on the status of your case. Call today for a free and confidential consultation with our office at 214-696-9253 or fill out our contact form.

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Dallas DWI Prescription Drugs Lawyer

A conviction for driving while intoxicated (DWI) with prescription drugs can result in jail time and hefty fines. Even though these drugs are ‘legal’ in the sense they are prescribed by doctors, abusing them is illegal.

Prosecutors in the state of Texas are pursuing these cases with diligence. If you have professional licenses, you could lose them if convicted. A DWI conviction may impact you negatively for years. Contact our experienced Dallas DWI attorneys today to help with your DWI case. Our Dallas Criminal Defense Lawyers can make sure you get the best possible outcome for your case.

What Is DWI, and How does It Apply to Prescription Drugs in Dallas, Texas?

Driving while intoxicated can refer to any substance, not just alcohol. Driving impaired can even refer to legal prescription drugs.

In Texas, you can be charged and convicted if you are under the influence of any drug or substance that impairs your ability to drive safely. DWI comes with several fines and penalties if convicted:

  • A First DWI Offense: You might face a fine of up to $2,000 and be jailed for 3 to 180 days, but there is no mandatory minimum jail time. Your license may also be suspended for up to 1 year.
  • A Second DWI Offense: You could face a fine of up to $4,000 and 30 days to 1 year in jail. A conviction does carry a minimum of 72 hours in jail. Your license may be suspended for two years.
  • A Third DWI Offense: A conviction could result in a fine of up to $10,000 with a jail sentence of 2 to 10 years. If you get probation, you still could be jailed for 10 to 60 days.

In addition to those fines and penalties upon conviction, these other factors could influence your charges:

  • DWI with a child in the vehicle: If you are charged with a DWI with a child in the vehicle, you could face stiff fines up to $10,000. If the child is under fourteen, you could also face felony charges for child endangerment.
  • DWI with an accident: If you caused an accident while intoxicated on a prescription drug and people were injured, the charges become a felony. In addition, your record can never be sealed.

If you are facing any DWI charges, you should speak with our team as soon as possible. We may be able to have your charges reduced or even dismissed.

How Are Prescription Drug Cases Handled in Texas?

The prosecution in Texas has the responsibility to prove your guilt. Defined as the “burden of proof,” the prosecution must demonstrate three parts of your case:

  • The state must prove you had possession of prescription drugs either on you or in your personal belongings or your vehicle.
  • Texas prosecutors also must prove you knew you had possession of prescription drugs.
  • State prosecutors finally must establish that you were intoxicated, and it affected your ability to safely operate your vehicle.

If the state were to fail to prove these three separate elements, you might avoid a conviction. To avoid a jail sentence, you may be able to enter a drug treatment center if you have an addiction.

How does Texas Categorize Prescription Drugs

The Texas Controlled Substances Act has developed categories for different punishments for various drugs. These penalties were put in place based on different factors with the drugs.

Some of these categories are determined by the amount of the prescription drug. Depending on the quantity of drugs in your possession, your charges could be severe.

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How Will an Experienced DWI Prescription Drug Lawyer Defend Me?

Most laypeople have difficulty understanding the law. It is this lack of knowledge that may lead to someone charged with DWI in Texas misunderstanding the charges against them.

Because they don’t understand the law, the accused people may not believe they have any kind of defense against these charges. In reality, there may be options open to you. An effective criminal defense law firm in Texas knows the legalities you may face. Depending on the circumstances surrounding your case, some of your defense options may include:

  • Challenging any of the evidence collected by field sobriety tests, blood tests, and breath tests
  • Challenging the testimony of a drug recognition expert or the arresting officer
  • Challenging law enforcement’s justification for pulling you over or searching you or your vehicle

Also, if there was an accident, your defense attorney could present evidence that the accident was caused by some other factor and not you. Your defense attorney could possibly even use the police report to challenge the officer’s testimony.

In addition, the Fourth Amendment of the Constitution protects U.S. citizens from illegal searches or seizures.  Our staff can go over your case with you and investigate whether your Fourth Amendment rights were violated. Charges can be dropped because the police or law enforcement personnel did not have reasonable cause to search your property, vehicle, or belongings.

If your case continues to trial, Randall Isenberg can represent you throughout the legal process. There is no guarantee any of these defenses will absolve you of your charges. They do show there are possible avenues to explore to avoid a conviction and jail time.

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A Dallas DWI Prescription Drug Law Firm with a Successful Record

Choosing the right attorney to represent you can sometimes seem like a difficult process. If you decide to bring in an attorney to handle your case, choose one experienced at defending prescription drug cases in Texas.

Law Offices of Randall B. Isenberg has handled prescription drug cases and can explain the details of your case to you along with your legal options. Randall Isenberg has over 30 years of experience handling cases just like yours. His past success with cases like yours speaks for itself.

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Call Law Offices of Randall B. Isenberg Today

Law Offices of Randall B. Isenberg believe every person accused of a crime deserves to defend themselves against their charges in court. Call our office at (214) 696-9253 for your case evaluation.

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Arlington DWI Marijuana Lawyer

Many people believe the possession of marijuana is an insignificant charge. That’s not true, especially in Texas. An Arlington DWI marijuana lawyer with the Law Offices of Randall B. Isenberg may be able to help you avoid a conviction.

Having a permanent mark on your record could follow you around for the rest of your life, so allow our firm to fight for justice on your behalf.

What Is DWI and How does It Apply to Marijuana in Arlington, Texas?

In Texas, “intoxication” does not only refer to alcohol. Intoxication means you are under the influence of drugs, alcohol, controlled substances, or any substance that impairs your driving ability.

DWI indicates the driver is operating a motor vehicle while under the influence of alcohol or any other substance.

DWI Penalties & Fines

If you were charged with a DWI, some of the penalties you could face include:

  • If the driver and/or passengers possess an open alcohol container, they are subject to a fine of up to $500.
  • First DWI offense: You could receive a fine of up to $2,000. You may be subject to a jail sentence from 3-180 days. Another penalty may include losing your driver’s license for up to 1 year.
  • Second DWI offense: You could be subject to a fine of up to $4,000 and a jail sentence between 5 days and a year if convicted. You could lose your license for up to 2 years.
  • Third DWI offense: You may be subject to a fine of up to $10,000 and face a jail sentence of 2-10 years if convicted. You may lose your license for up to 2 years, too.
  • DWI with a child passenger: You could face a fine of up to $10,000 and receive a jail sentence of up to 2 years. You could also lose your license for up to 2 years.

If you are convicted of two or more DWIs in five or fewer years, you may be required to install an ignition switch preventing you from driving under the influence.

What Are the Current Penalties for Possession of Marijuana in Texas?

For up to two ounces, the penalty for possession of marijuana in Texas is currently 180 days in jail. Along with a $2000 fine, that makes a very hefty charge for up to two ounces of the drug. Here is a breakdown of the current penalties of marijuana possession in Texas:

  • A fine plus a jail sentence for two ounces or less. Texas classifies this as a Class B misdemeanor.
  • Possession of two to four ounces of marijuana may result in a fine plus jail time. This is classified as a Class A misdemeanor.
  • If you are caught with four ounces up to five pounds, it’s considered a state felony. You could be looking at a stiff fine and a state jail sentence.
  • Possession of 5-50 pounds is considered a 3rd-degree felony, punishable by a fine plus a prison sentence.
  • If you are caught with 50 pounds to 2000 pounds, that’s a 2nd-degree felony. You’re looking at a prison sentence along with a fine.
  • Anything over 2000 pounds? That’s a 1st-degree felony. For that, you could face a severe prison sentence plus a fine. The exact sentence could vary based on your case, but it ranges from 5-99 years to life.

As you can see above, as Texas law currently stands, if convicted, you could face some form of incarceration.

What Is the Likely Outcome for a First-Time Marijuana Charge in Texas?

If this is your first charge and you are accused of possessing less than two ounces of marijuana, you may be able to have your case dismissed. It depends on the factors surrounding your case.

You may be able to negotiate an agreement to go into a drug treatment program. Another possibility is doing community service.

Stay out of trouble for the length of community service or your stay at a treatment center, and you might be able to have your charges dismissed.

Arlington DWI Marijuana Attorney Near Me
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Is a Stay at a Drug Treatment Center an Option?

If you are an addict, agreeing to go into a drug treatment program is often looked upon favorably by prosecutors. A stay at a treatment center can be part of your plea agreement.

Such an arrangement is a way to avoid criminal charges on your permanent record. None of these options are guaranteed, but for a first-time offense, our defense attorney in Arlington can negotiate with prosecutors.

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What Other Factors Can Increase Your Penalties?

Even the smallest amount of marijuana can result in a higher form of punishment. The circumstances surrounding your case could result in higher charges levied against you.

Some of those factors include:

  • How much marijuana are you accused of having in your possession?
  • Were you arrested in or near a drug-free zone, such as a school?
  • Were you in the presence of minors at the time of your arrest?
  • Were you driving while intoxicated?
  • Were you driving while intoxicated with a child in the car?
  • Do you have multiple DWI convictions on your record?

These and other factors could turn a simple case into felony charges, even if it’s your first offense. Having an advocate who understands the law could help you avoid jail time or harsher penalties.

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How an Arlington DWI Marijuana Lawyer at Our Firm Can Help

Many people believe that if you are charged with a marijuana DWI, you have no legal options. However, that’s not necessarily the case.

Our team understands the law. After conducting a thorough investigation of your case, we could employ several strategies to use as a defense in court.

Some possible defenses include:

  • Did law enforcement conduct an illegal search of your person, premises, or property?
  • Were the drugs planted by another person?
  • Were you the victim of entrapment by law enforcement?
  • Did the drugs belong to another person?
  • Was there an error at the crime lab?

Our Firm Has More Than 30 Years of Legal Experience

The Law Offices of Randall B. Isenberg have more than 30 years of legal experience. We will conduct a thorough investigation of your case and determine whether the law enforcement officials making the arrest conducted an illegal search.

Randy Isenberg is a former Senior Chief Felony Prosecutor and State District Trial Judge. He understands better than most defense attorneys the approach prosecutors in your case will take. This experience gives him an edge in obtaining a favorable outcome for your case.

An Arlington Criminal Defense Attorney Recognized for His Accomplishments

The Law Offices of Randall B. Isenberg has been recognized for excellence in the practice of law. Some of Randy Isenberg’s awards and honors include:

  • Listed in Martindale-Hubbell’s Bar Register of Preeminent Lawyers
  • Selected for inclusion in the list of “Texas Super Lawyers” for the year 2006 printed in Texas Monthly Magazine, a Thomson Reuters service
  • Selected for inclusion in the list as a Top Texas Lawyer in 2006 and 2007 by a Thomson Reuters service
  • Board Certified in Criminal Defense by the Texas Board of Legal Specialization
  • Certified as a Criminal Defense Advocate by the National Board of Trial Advocacy (NBTA)
  • A regular TV commentator for local and regional criminal justice issues

Contact the Law Offices of Randall B, Isenberg for a Case Evaluation

Call our offices at (214) 658-1619. We are available 24/7 to evaluate your case and let you know what your legal options are.

At the Law Offices of Randall B. Isenberg, we believe anyone accused of a crime deserves their day in court to defend themselves. We will be your advocate and fight to get you a favorable outcome for your case.

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When Is It Legal for a Police Officer to Search My Car or Myself

It is legal for a police officer to search you or your car if they have probable cause to do so. According to the Legal Information Institute (LII), this means they must have “a reasonable basis for believing that … evidence of [a] crime is present in the place to be searched.”

Under the protection of the Constitution, the Fourth Amendment shields you from illegal searches or seizures. If the police search you when there is no reasonable suspicion that you have committed a crime, they are violating your rights. If you feel a police officer has violated your rights with an unlawful search, a criminal defense lawyer can help you with your legal case.

Probable Cause Is Subjective

Probable cause is a gray area that is highly subjective. The LII says “probable cause is a concept that is imprecise, fluid and very dependent on context.”

For instance, if a police officer pulls you over because they believe you are driving while intoxicated (DWI), they can legally search you or your car for evidence of alcohol or drugs.

But why do they suspect you are intoxicated? Were you driving erratically? Do they see an open container of alcohol in your car? Or are they just relying on a “gut feeling”? If you feel they did not have a reasonable probable cause to pull you over and search your vehicle, they could be violating your rights.

When does Probable Cause Not Apply?

There is a higher degree of Fourth Amendment protection for a person’s home than for their vehicle. Homes are considered private domains and are given more protection. To search a home, the police will typically need to obtain a warrant first.

For instance, if a police officer smells marijuana coming from your home, that is likely not enough cause to search your home without a warrant. But the same smell coming from your car would likely be enough cause for an officer to search your car.

Probable cause also does not apply to minor traffic infractions or incidents. For instance, if you are pulled over for a broken taillight, an expired registration sticker, or running a stop sign, then a police officer cannot legally search you or your vehicle without your permission.

Are There Exceptions to Fourth Amendment Protection?

There are several exceptions to Fourth Amendment protection. These include:

Search Incident to Arrest

This is the most common exception to Fourth Amendment protection. If you are arrested, the police have the right to search the immediate area surrounding the arrest.

This right is granted so law enforcement can check for weapons that a criminal may try to use against them. They also have the right to search for evidence that a criminal may destroy as soon as the police leave the scene.

Stop and Frisk

If law enforcement has reason to believe a person may be armed and dangerous, they have the right to search that person for weapons.

Emergency Situations

Certain emergency circumstances give the police the right to search without first obtaining a warrant, so they can protect people from immediate danger. These kinds of emergency situations include (but are not limited to):

  • Seeing or smelling smoke coming out of a home or private building
  • Hearing screams or sounds of duress from inside a house or private building
  • Receiving a bomb threat or other threat of violence

Consensual Searches

This means you voluntarily give law enforcement permission to search your person, vehicle, or belongings without a search warrant.

Some people may not want their car, person, or premises searched but feel pressured to allow it. Courts have established that the permission must be entirely consensual. You do not have to consent to a search you are uncomfortable with.

Items in Plain View

This is when someone can see something at a glance from a public place. They must be able to do so without enhancement to normal eyesight, such as infrared cameras or binoculars.

For instance, if the police can see drug paraphernalia in the backseat of your car by looking through the window, they have the right to conduct a search. The search must be based on something clearly visible, not merely the officer’s hunch.

Hot Pursuit

If law enforcement personnel are pursuing a suspect, they have the right to enter a building to catch the suspect. They may also seize any evidence they find while pursuing the suspect of a felony crime.

Airport and Border Searches

Federal customs personnel are legally free to conduct searches of persons or belongings at border crossings and public airports. This exception is to help ensure the safety of the public.

Vehicle Searches

In general terms, courts will give law enforcement more latitude when searching someone’s car versus their house. Because you are driving a car on public roads, there is a priority to protect other citizens.

If the police suspect you of behavior that may be harmful to others while driving, you are more likely to have your vehicle searched.

What Happens If I’m Searched Without Probable Cause?

If you feel the police violated your Fourth Amendment by conducting an unlawful search, a lawyer can help you defend your rights. They may also be able to help you keep any evidence seized in an illegal search from being used against you.

Contact Us for a Free Consultation Today

An attorney may be able to help you determine whether you were the victim of a Fourth Amendment violation. You can contact the Law Offices of Randall B. Isenberg to get a free case evaluation by calling (214) 696-9253.

We have over 30 years of experience and are available 24/7 to take your call. We believe every person has a right to defend themselves against unlawful searches or seizures.

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