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Monthly Archives: December 2013

What Happens After an Arrest in Texas?

By Peek & Toland on December 30, 2013

An arrest in Texas is made on suspicion of criminal wrongdoing.  It does not prove that anybody did anything wrong.  To get from an arrest to a conviction, several steps must first take place.  An experienced Texas criminal defense attorney often helps an arrested person navigate these steps, protecting their legal rights and seeking the best possible outcome on the person’s behalf.

The arrest itself must be based on “probable cause” that the person has committed a crime.  After the arrest, the police take the accused to the County jail to be “booked” into the jail.  This process can take hours depending on the jail.   The police then must write a report of the arrest (probable cause affidavit) and swear to the truth of its contents, and then submit it to a magistrate for approval of the arrest and the judge will then also set the bond.  In Texas the police officer and magistrate have 24 hours to magistrate the accused on a misdemeanor and 48 hours to magistrate on a felony.  The accused cannot be magistrate until the arrest report has been received by the magistrate.

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Posted in Criminal Defense

Driving While Intoxicated in Texas: Know the Facts

By Peek & Toland on December 23, 2013

Driving while intoxicated (DWI) is not only against the law, it’s also a huge risk to take. According to the Texas Department of Transportation (TxDOT), someone is injured in an alcohol-related car crash about once every 20 minutes. Even if everyone walks away unhurt, the consequences of a drunk-driving-related arrest or criminal conviction can be quite steep.

Texas DWI Defense

Under Texas law, the legal limit for driving a motor vehicle while intoxicated is a blood alcohol concentration (BAC) of 0.08 percent or above – the same limit observed in other U.S. states. How quickly it takes a driver to reach this limit and how long they stay there depends on a number of factors, including gender, body weight, number of drinks consumed, and whether you were eating while drinking. Read the rest »

Posted in DWI

What Forms are Required for an Adjustment of Status Through Marriage?

By Peek & Toland on December 19, 2013

When a foreign national and a U.S. citizen marry, the foreign national becomes an immediate relative of the U.S. citizen. He or she may then seek permanent resident status in the United States without being subject to immigration quotas.

The couple may be required to fill out a number of forms and submit them to the U.S. Customs and Immigration Service (USCIS) in order to secure an adjustment of status through marriage. The two main forms every couple must deal with are Form I-130, the Petition for Alien Relative, and the Form I-485, Adjustment of Status. Read the rest »

Posted in Immigration

Understanding Field Sobriety Tests

By Peek & Toland on December 11, 2013

When a police officer pulls a Texas driver over on suspicion of drunk driving, he or she may not have sufficient evidence to perform an arrest. Instead, the officer may continue to seek evidence during the traffic stop. One way police officers try to gather additional evidence of intoxication is to put a driver through a series of trials known as the Standardized Field Sobriety Tests (SFSTs). There are three possibilities: the horizontal gaze nystagmus test, the walk and turn test, and the one-leg stand test.

Texas DWI TestsIn the horizontal gaze nystagmus test, the officer asks the driver to follow, using only his or her eyes, a slowly-moving object, like a fingertip or a pen. The officer looks for signs of involuntary twitching or jerking in the eyes or an inability to focus on the moving object. Although alcohol can increase these symptoms, so can other factors, like certain medications or flashing lights.

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Posted in DWI

An Overview of Requirements for an EB-5 Investor Visa

By Peek & Toland on December 9, 2013

Every year, entrepreneurs throughout the world seek new business ventures in which to invest capital, time, and effort.  Many entrepreneurs seek to make these investments in the United States.

When a person makes an investment in a new commercial enterprise in the U.S. that creates jobs, he or she may be able to seek permanent resident or “green card” status based on the investment.  In this situation, the investor may seek an EB-5 investor visa.

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Posted in Visas

How Can Ignition Interlock Devices Affect You?

By Peek & Toland on December 5, 2013

In Texas, a person convicted of more than one driving while intoxicated (DWI) offense in a single five-year period is required to have an ignition interlock device installed on his or her vehicle before they can have driving privileges reinstated. Ignition interlock devices can be expensive, and the cost is often paid for by the convicted person – making the assistance of an experienced Austin DWI defense attorney crucial in your case.

Austin DWI Defense

An ignition interlock device consists, basically, of a breath-testing machine hooked to the ignition of your vehicle. The device requires the driver to give a breath sample before starting the vehicle. If the device detects alcohol in the breath sample, the vehicle will not start, and the positive test is recorded in the device’s data storage unit for later retrieval and review. Read the rest »

Posted in DWI

Understanding Temporary Protected Status

By Peek & Toland on December 3, 2013

“Temporary protected status” allows certain citizens of other countries to remain in the United States if their home country is too dangerous to enter. The Secretary of Homeland Security can designate a country and its residents as having temporary protected status, giving them the chance to stay in the U.S. until their home country becomes safe to go home to once again. They may also seek and be granted authorization to work in the United States while they stay, in order to support themselves and their families.

Typically, a country is extended temporary protected status by the United States because it is experiencing an armed conflict like a civil war, it has recently faced an environmental disaster or epidemic, or for other “extraordinary and temporary conditions.” Read the rest »

Posted in Immigration

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