Ellis County Criminal Defense Lawyer
Thought for the Day

I was recently asked if I knew of any "Go To" criminal defense lawyers in San Antonio, Texas.

Although I'm sure there are several great criminal defense lawyers in the Bexar County area, I would have to say that the law firm of Del Prado & Del Prado would be at the top of my list for criminal defense lawyers in San Antonio based on those criminal defense lawyers in the San Antonio and Bexar County area.

Mario Del Prado is Board Certified in Criminal Law and a member of the well respected National College for DUI Defense (one of the leading associations for DWI lawyers), Mario Del Prado has considerable experience in representing individuals charged not only with Driving While Intoxicated (DWI), drug charges, and virtually every other criminal and felony misdemeanor out there.

Now, add the criminal defense experience that criminal defense lawyer Christine Del Prado brings to the table, and you have a powerful team of criminal defense lawyers in San Antonio, Texas. I think it also says something powerful about her when she's selected to represent a San Antonio District Judge after his arrest for a DWI.

Both Mario Del Prado and Christine Del Prado are members of the highly respected Texas Criminal Defense Lawyers' Association, and have handled high profile cases.

Danny Freisner
Ellis County Criminal Defense Attorney
(972) 923-1899
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There are several different classes of felony charges that apply to arrests in Texas, including Ellis County. To illustrate, let's walk through what started off as a simple matter that turns deadly.

State Jail Felony (180 to 2 years) - During your Freshman year in college, you're driving home after a party with a couple of beers sitting next to you. Looking in your rear view mirror, you see a Waxahachie Police Officer trying to pull you over.

Not thinking, you floor it!

The chase is on through the streets of Waxahachie like something out of Grand Theft Auto. You finally come to your senses, and pull over.

With guns drawn, you look around to see yourself surrounded by half of the Waxahachie Police Department. They immediately arrest you for Evading Arrest with a Vehicle (a State Jail Felony).

After some serious negotiating by the Ellis County criminal defense lawyer your parents had to hired, a deferred adjudication sentence is given to you. Dodging the felony conviction, you breath a sigh of relief and life goes on.

Third (3rd) Degree Felony (2 to 10 years) - After you were arrested for Evading with a Vehicle, you hit the books hard for the next few years. You are finally off of probation, and someone ask you to a party during your Senior year. It would be good to get out of the house and have some fun after being on probation.

Leaving the party after a few drinks (okay, more like 5 Jägerbombs), you get pulled over by the Midlothian Police Department on your way back home.

You realize that after throwing up on the officer, you are going to have a difficult time beating the charge, and ask your Ellis County criminal defense lawyer to get you the best deal possible. By a stroke of luck, you are granted probation again, but you do receive a conviction for a DWI 1st (Class B misdemeanor), since Texas law does not provide deferred probation for a DWI charge.

Two years later, you get off of probation, and eventually receive your PhD in some obscure discipline that only you and your professor understand.

You have a bright future, so you go out to celebrate. Since you learned your lesson with Jägerbombs, you stick to only a couple of beers.

However, since you have the worst luck of any college student in the Texas, you get pulled over on your way home by a Texas State Trooper. The officer says he smells alcohol on your breath, and he ask you to do some field sobriety tests. The officer tells you that he thinks you are drunk, but you'll have a chance to prove you're not if you take a breath test.

You don't feel drunk, so you have no problem going to the jail to take a breath test.

To your amazement, the officer tells you that you are under arrest for a DWI 2nd (Class A misdemeanor). It turns out that DPS officer did not bother telling you that you could pass the breath test, but still be arrested for DWI under another provision of the law.

Since your parents have had it with you getting arrested, they tell you that you need to speak with your grandparents about hiring a lawyer. After speaking to a very disappointed grandma, you get a check to hire a lawyer for your DWI. But the grandparents aren't rolling in cash, so you ignore your defense lawyer's recommendation to hire an expert on the breath test results.

Since there is no evidence to contradict the breath test, a jury finds you guilty of your second DWI. The judge orders you to serve 30 days in the Ellis County Jail, and then you are put on 2 years probation.

Ten years later, you are a moving along with your career. It's nice...you have a good job, a mortgage, two car payments, plus a wife and a couple of kids to round it all out.

One night, you are having drinks discussing business. On your way home, you are pulled over by another Texas State Trooper.

The Trooper believes you are intoxicated, because you swerved a couple of times while trying to fish out your cell phone when your wife called to see when you would be home. This time you refuse to blow, but you are still arrested.

During your trial, the jury learns that you have previously been convicted of two DWI charges in the past, and you're convicted of a felony DWI (3rd Degree).

The jury hears testimony from your wife that they will starve if you are sent to prison, and most of the jurors want to give you probation. However, there is one juror that didn't bother telling your criminal defense lawyer during jury selection that she is a card carrying member of MADD, and this juror wants to give you 10 years in prison.

After a heated discussion in the jury room, all the jurors agree that you should serve 3 years in prison.

As you are dragged away from the courtroom, you hear the cries of your wife and children wailing through the halls of the courthouse.

The reality hits you that you are going to prison!

You eventually parole out of prison.

Unfortunately, your luck ran out with your family and they have left you. Since you have spent time in TDC, you have not only lost your family, but also your job, car, and home.

Second (2nd) Degree Felonies (2 to 20 years) - Times are tough since you were relased from prison, but you finally pick up work as a janitor working in downtown Waxahachie.

As you are walking home one day, you run into an old prison buddy.

Since he saved your tail (literally) in the pen, you start hanging out together. Soon you start thinking about how messed up your life has become and start drinking.

Before long, you lose your job as a janitor...plus, you developed a nice little meth habit from hanging around with your old prison buddy.

Since no one else will hire you because of your felony conviction and your meth habit, you turn to a life of crime.

One morning you start drinking, and decide it would be a good idea to make some money. After some thought, you and your old prison buddy decide to you are going into the recycled copper business.

As you make your way to case some construction sites for copper to steal, you happen to look inside a garage and see an entire roll of copper just sitting there for the taking.

You jump out of the truck you two stole earlier that day and grab the copper.

Running to the truck, you hear tires screech as you start to pull out of the driveway. Looking up, you see a police car has you blocked. It turns out that a neighbor noticed what you were doing and called the police giving a full description of you and your vehicle.

You are arrested for Burglary of a Habitation (2nd Degree Felony).

After a lot of debate with the Ellis County District Attorney's office, your criminal defense lawyer gets you a 5 year deal in a Texas prison. Realizing that you are going back to prison, you make a firm commitment to change your life.

First (1st) Degree Felonies (5 to 99 years or Life) - While you were in prison, you got off drugs and joined AA. You make parole again, and start your life on a new path.

As luck would have it, your old buddy from prison shows up at your house looking for a place to stay.

Since he had your back in the pen you feel an obligation to help him out. He settles in and breaks out a bottle of cheap gin. After a couple of days, he has you back to your old ways of drinking and doing drugs.

Granted, you have a rat infested apartment that beats prison any day, but you are still broke. As you luck would have it, your old prison pal knows where you can make some fast money by doing a "little" delivery job.

As you cross over the border of Mexico, you find out what he wants you to deliver.

It's turns out to be a 100 kilos of meth!

At this point, you are basically a life-long convict. Your kids won't talk to you, and your parents have passed away. Since you have nothing to lose and the plan sounds solid, you decide to go far it.

You board the plane that was arranged for you to fly back to the US with the drugs (you studied flying in prison), and take off from Mexico headed for a small ranch outside of Waxahachie, Texas.

Everything goes as planned, and you load the drugs into a truck and head off to Ellis County to make the transfer to the dealer on the US side of the border.

Along the way, a DPS Trooper pulls you over for a tail light that is out on the back of the truck. Since you don't want to go back to prison you begin sweating and acting really nervous.

The Trooper notices your strange behavior, and ask you to step to the back of the truck.

He ask to search the truck, and thinking the drugs are well hidden you agree. However, he finds the drugs because he has taken several classes on where to look for drugs hidden in a vehicle.

As you are on your way to the Ellis County Jail, you ask him what the charge carries, and he tells you that you will be booked in on a First Degree Possession. You realize from your previous prison time that a first degree felony could carry a large sentence, and since you have already been down twice before, you know things don't look good.

Enhancement (25 to Life) - While you are sitting in the Ellis County Jail, you find out that you are not only looking at a First Degree felony for possession, but your charge will most likely carry a punishment ranging with a minimum of 25 years to Life.

Why?

Well, the Ellis County District Attorney's office intends to use your prior felony convictions to enhance your new drug charge to what is often referred to as the "High Bitch."

You tell your criminal defense lawyer that you're not signing for that kind of time, and a jury is just going to have to give you that kind of time.

And guess what?

The jury gives you every bit of it...LIFE!

You know, when all is said and done, things could have turned out a lot different for you.

So, remember this....if you find yourself at a party drinking: 1) don't drive, and 2) if you do, don't run from the police.

If you decide to ignore this bit of wisdom...call an experienced criminal defense lawyer!

Danny Freisner
Ellis County Criminal Defense Attorney
(972) 923-1899
Contact Form

If you are arrested for Possession of Marijuana in Ellis County the charge can range from a Class B misdemeanor to a First (1st) Degree Felony depending on the weight of marijuana you are accused of possessing.

For most people their encounter with Ellis County law enforcement (Waxahachie PD, Ellis County Sheriff's Office, Midlothian PD, Etc) and marijuana is normally less than 2 ounces, which is normally charged as a Class B misdemeanor.

For parents that have their son or daughter arrested for marijuana it can be a terrifying experience. Not only will your child deal with the initial arrest, but could face further jail time.

A first time marijuana arrest for less than 2 ounces is currently a Class B misdemeanor that carries up to 6 months in the Ellis County Jail, and a fine not to exceed $2,000. This is regardless of whether you are arrested or received a ticket for possession of marijuana. In addition, DPS is authorized to suspend your driver's license for 6 months upon a conviction of Possession of Marijuana.

Will you go to jail if you are arrested for Marijuana in Ellis County?

The question of whether you go back to the Ellis County Jail after you bond out from you arrest for a marijuana or whether you stay in jail for an extended period of time will depend on several factors that an experienced Ellis County Criminal Defense Lawyer examines.

Since you face spending 6 months in the Ellis County Jail for even a first time Possession of Marijuana less than 2 ounces, it is important to retain an experienced Ellis County Criminal Defense Lawyer in the area of representing individuals charged with Possession of Marijuana.

To speak with an Ellis County Criminal Defense Lawyer about your arrest for Marijuana, please do not hesitate to contact me.

Danny Freisner
Ellis County Criminal Defense Attorney
(972) 923-1899
Contact Form

A common charge people are arrested for in Waxahachie located in Ellis County, Texas is the charge of "Theft by Check" or commonly referred to as a hot check charge. The arrest often is the result of an accounting error or change in address. However, the consequences of a criminal conviction are serious.

In short, the Ellis County District Attorney's office is alleging that you committed a theft by not having the available funds in your checking account. Granted, this seems fairly straight forward; however, there may be unintended consequences regardless of whether the charge is a felony or misdemeanor.

The problem is that Texas has classified a "Theft by Check" or Hot Check charge, which is considered a theft charge that could have a major impact in your life.

Just think about it for a moment....

That check that bounced for less than $500 could not only land you in jail for 6 months, but it could also prevent you from getting a job in the future.

The problem is even more compounded when people charged with a "Theft by Check" charge show up to court unprepared (or better unaware) of the possible consequences, and think that it is a small matter.

The reality of the situation is that if you have been arrested for a hot check and charged with Theft by Check it is no small matter, and it would probably prove to your benefit to hire a criminal defense lawyer in Ellis County that understands your situation and can advise you accordingly.

As a Waxahachie criminal defense lawyer I have seen countless people show up to court in Ellis County on a misdemeanor Theft by Check charge without a lawyer only to be pulled out into the hall by a prosecutor and offered "a deal" that will keep them out of jail.

However, that "deal" for the hot check charge will likely result in a criminal conviction that may not only prevent you from getting a job, but could also be used to enhance a charge to a felony if the prerequisites are met.

If you have been arrested for a Theft by Check/Hot Check in Ellis County and would like to discuss having an experienced criminal defense lawyer standing by your side, please do not hesitate to contact my office.

Danny Freisner
Ellis County Criminal Defense Lawyer
(972) 923-1899
Contact Form

It seems that every now and then I get asked whether it is a better for a potential criminal defense client to hire a local Ellis County criminal defense lawyer or whether they should go out of county, such as to Dallas.

What the client is normally asking with this question is this...is there an advantage to hiring (or not hiring) a local criminal defense lawyer based in Ellis County, Texas. This question does not just apply to Ellis County, but can be applied to every county in Texas.

Here are my thoughts on the subject, and why I tend to hire local criminal defense counsel if I am hired to defend someone outside of Ellis County in a major criminal trial....

My criminal defense law practice covers the entire State of Texas; however, when I am asked to travel outside of my surrounding counties (i.e. Ellis County, Navarro County, Tarrant County, etc), I will normally seek a second chair to serve as my local counsel.

Why?

The answer is simple...I want a criminal defense lawyer sitting next to me that knows the county, the judge, the prosecutors, and the people. Since I will normally be hired out of county for my trial skills and criminal defense strategy development, it is extremely important in my opinion for my client to have a friendly face in the courtroom that the judge and prosecutors have seen before, because the last thing I want is to get "home towned."

Why hiring a local criminal defense lawyer important....

The practice of criminal defense entails more than just knowing criminal defense law and procedure...it also entails knowing what the local juries are likely to do, how the judges and prosecutors view cases, and what their personalities are like. It can take years of practicing criminal defense in Ellis County (or any county in Texas) to gain this insight.

So, should you hire a local Ellis County criminal defense lawyer?

That is ultimately up to you, but take this into consideration...I have seen some well known Dallas criminal defense lawyers come to Ellis County and get blown out of a case because they thought the same techniques in Dallas would work in Ellis County...and they didn't!

Danny Freisner
Texas Criminal Defense Attorney
(972) 923-1899
Contact Form

The Process

The following is a brief overview of how a felony case moves through the judicial system in Ellis County, Texas before the 40th Judicial District Court (Judge Gene Knize):

Arrest → Ellis County DA Review→ Grand Jury→ Arraignment →

First Pretrial → Final Pretrial → Jury Selection → Jury Trial

Of course, at any point, a case can drop out of the process for several reasons.  For example, the case could be rejected by the Grand Jury or the Ellis County District Attorney’s office could dismiss the case based on new information.  Again, the reasons for having a case dismissed can vary greatly.

Time Table (generally):  

The time from arrest to Grand Jury depends on several factors.  However, the most common factor appears to be the type of case.

For example, a drug case arrest filed by Midlothian Police Department will most likely be sent to the Texas Department of Public Safety drug screening lab for analysis).

The Ellis County District Attorney's office will often wait to present the case to the Grand Jury until the drug analysis is returned.

Compare this to an Evading with a Vehicle case where once the police department turns over the case information it can be screened immediately and taken to the next Grand Jury.

Grand Jury to Arraignment

The time from Grand Jury returning an indictment to Arraignment is normally 30 to 60 days. 

Arraignment to First Pretrial (same for Final Pretrial)

After Arraignment, the time between both First Pretrial and Final Pretrial is approximately 30 days. 

Final Pretrial to Jury Selection (Voir Dire)

After Final Pretrial, a jury is normally selected early the following week.

Jury Selection to Jury Trial

The actual jury trial date is normally set at jury selection.

Danny Freisner
Texas Criminal Defense Attorney
(972) 923-1899
Contact Form

Seeking a bond reduction could save you thousands of dollars!

Here is a quick example of how a criminal bonding company works:

Let’s say, the judge sets the bond at $30,000.  

Now, if the bonding company wants 20% (common in Ellis County, Texas) to post the bail then you would need to pay $6,000 to the bonding company.  

Here is why you may want to consider hiring a lawyer to request a bond reduction…. 

If the bond was originally set at $30,000, but the criminal defense attorney is able to get the bond reduced to $5,000. 

Then you would only need to pay 20% of the new amount, which would be $1,000.

As a result, the lawyer saved you $5,000.

How much will it cost to hire a lawyer to file for a bond reduction?  

Well, that depends on the attorney.  In my office it is often much less expensive (usually under $750) for us to request a bond reduction compared to representation on the full charge.

Often you can hire the lawyer for the bond reduction to take advantage of the savings, and then later retain the firm to handle the entire case if you wish.

Danny Freisner
Texas Criminal Defense Attorney
(972) 923-1899
Contact Form

The 40th Judicial District Court is located in downtown Waxahachie, Texas.  

Here is some information on the Court: 

Location: 
Ellis County Courthouse (2nd floor)
101 West Main Street
Waxahachie, Texas  75165  

Criminal Court Appearances/Hearings (generally):

CAVEAT:  If you are an out-of-town attorney coming before the 40th on a criminal matter, and you are not familiar with the Court, then make sure you read the following: 

GET A COPY AND READ THE COURT’S STANDING PRETRIAL ORDER!

Rethink filing motions that are already covered in the Court’s Standing Pretrial Order.

Have your client come ready for a UA or breath test if charged with a drug offense or DWI.

Local Rules– ask an Ellis County criminal defense attorney...you may want to consider getting a local 2nd Chair if you have a complicated matter or think you may be going to trial.

If you are out-of-town counsel, please feel free to give me a call at (972) 923-1899.

Danny Freisner
Texas Criminal Defense Attorney
(972) 923-1899
Contact Form

• Does the attorney practice almost exclusively in the area of criminal defense law? Criminal defense is a highly technical area of law.
  
  
• Where did the attorney’s experience come from?  Your attorney should be trained in the art of criminal defense.  Many former government prosecutors become defense attorneys and that’s okay.  However, don’t assume that a former prosecutor always equals a winning defense attorney.

• Do you feel comfortable with the attorney?  You are going to be working closely with the attorney you select, so you should enjoy being around your attorney. 
  
  
  • TIP #1 – Likable Attorneys and Juries:  A likable attorney is often warmly accepted by a jury if your case is not dismissed or resolved.
    
    
  • TIP #2 – Watch Body Language: Over 80% of communication is stated through body movements.  For example, crossed arms could indicate a person is not listening to you.
    
    
• Are you being pressured to make a decision?  Although certain legal rights may be waived if you do not act quickly, you should feel free to make a decision without pressure. 

• What is the attorney’s fee?  Defense attorney fees vary depending on the circumstances of the case.  However, remember these tips:
  
  
  • TIP #1 – Bond Reductions:  An attorney may be able to quickly reduce the bond, which can save you a lot of money. 
    
    
  • TIP #2 – Selecting on Cost Alone:  Running a $500 Pinto in a race against a Ferrari, especially if your life depends on the outcome of the race, doesn't’t sound like a good idea.  Cost is a factor, but it should be only one factor in selecting an attorney. 
    
    
  • TIP #3 – Payment Options:  Most attorneys will have payment options to help with the costs, such as accepting credit cards or providing payment plans. 

  Danny Freisner
  Texas Criminal Defense Attorney
  (972) 923-1899
  Contact Form

Being stopped by a police officer can by itself can create an uneasy feeling within us all. 

Why is that?  The reality is that officers do not stop us normally to just see how our day is going.  So, if you are getting stopped then most likely face the possibility of being accused of breaking one of our laws.  It may be as simple as a traffic violation that results in a warning or it could be as serious as being arrested.

Okay, so you’ve been stopped by a law enforcement officer (local, state, or federal)…now what?

Think!  Every action you make is being observed, which includes your words, movements, emotions. 

If you appear nervous (especially unusually nervous) then the law enforcement officer will most likely pick-up on your behavior, which may arouse his or her suspicion.  As a result, you are probably going to move past the, "here’s a ticket or warning…have a nice day…please get on your way" phase of the operation.   Instead, you may hear “please step out of the car” or “have you been drinking tonight.”

Be Nice!  Remember, you’re probably being filmed.  Aside from the fact that it’s the right thing to do, be courteous to the officer. 

One of the worst things I believe a person can do is to be rude and argumentative when stopped by an officer. 

Think about it for a second, you can be the 100 th rude and obnoxious person the officer meets that day or you might be the first pleasant person he has encountered. 

If you’re the 100 th rude person then your impression isn’t going to be very good, but if you are pleasant to the officer then it may impact the officer’s decision on how the matter is going to be resolved (i.e. you get a traffic warning as opposed to a ticket). 

Of note, this isn’t always the case and if you’re going to get a ticket remember you’re probably being filmed, so you want to look your best. 

As a criminal defense attorney, I have seen a lot of videos and it allows me to observe the encounters between my client and the officer.  When the officer is being rude and unreasonable, but my client is pleasant it often gives my client an edge whether if the case is being discussed with the prosecutor or being tried before a jury. 

Remember these tips:

- Be polite

- Don’t make any sudden movements (seriously!)

- Don’t be argumentative

- KEEP YOUR TEMPER IN CHECK (remember, the decision on whether or not you go to jail is more or less up to the officer)

You Have the Right to Remain Silent…Use It! 

Everyone seems to know this, but it seems to be seldom used…or seldom used properly. 

Why?  Experience suggests that most people think they can talk their way out of the situation (any situation…including, "I just shot someone").  Most often the strategy of, I’m going to talk my way out of this one,” is usually wrong! 

Being polite and explaining that you are not a lawyer, and you would rather speak with someone knowledgeable about our legal system before making any statements may save you a lot of heartache down the road.  I normally recommend my clients invoke both their right to remain silent and their right to an attorney at the same time, because it should stop all questions and activities with some exceptions.

Danny Freisner
Texas Criminal Defense Attorney
(972) 923-1899
Contact Form

Sometimes you are just glad you made it to Friday!

For those of you about to light up the town this weekend, please remember to be careful.

A solid amount of my clients come from weekend activities gone bad.

Think before you drink, but if you can't think because you had too much to drink (it happens)...call a criminal defense lawyer within days of your arrest.

Why? To ensure that you do not waive an important deadline.

IMPORTANT DEADLINE : DPS gives 15 days to challenge the attempted Administrative License Suspension that is automatic after being arrested for a Driving While Intoxicated charge in Texas. The clock starts ticking from the date notice of suspension was given (usually at the time of arrest).

So, you have a very limited time to fight to keep you driver's license.

If you miss the deadline then the State of Texas will assume you consent to giving up your license.

More on the topic of potential driver's license suspensions later...but for right now...it's Friday!

Danny Freisner
Texas Criminal Defense Attorney
(972) 923-1899
Contact Form

One of the most common complaints people have about attorneys is not receiving a return phone call.  

Each incident is different, but I think most attorneys try to return calls within 48 hours (at least I hope).

If you have called your lawyer and not received a return call within 72 hours then you should call back.

Assuming it is not an issue of your attorney not intentionally returning your phone call, then you may not be getting a return call for one of the following reasons:

PHONE TIP:  Make sure you always leave your name, why you are calling, a return phone number and the date/time information.  

I have experienced countless, “this is Joe, call me” phone messages. Obviously, the problem with this type of message is that I may have several clients named Joe, and I cannot tell which Joe is calling.  When this happens I have to either figure it out or hope the person calls back with a more detailed message. 

Also, make sure you say your return phone number slowly, and if you are on a cell phone give the number twice because sometimes the message breaks apart due to cell phone interference (i.e. changing towers). 

One last note, if you are not the client then you may not get a return call simply because you are not the client.   

If this is the case, and if the person you are calling on behalf of is in jail, then have the client write a letter to the attorney with the reason you were calling (i.e. what is the status of my case?). 

The Ellis County Jail will give defendants envelopes so they can contact their attorney if necessary. 

Danny Freisner
Texas Criminal Defense Attorney
(972) 923-1899
Contact Form

Regardless of whether you are charged with a DWI in Ellis County, or any criminal charge in Texas, you need to make sure that you attend all court appearances. 

The best way to make sure you attend your court dates is to make sure your attorney has your current contact information (address and phone).

Do not rely upon your bonding company to notify you of upcoming court dates…sometimes they do and sometimes they don’t.

In Texas, failing to attend a court date can result in a new criminal charge being filed against you.  If you miss a felony court date then your new charge will probably be filed as a felony.  If you miss a misdemeanor court date then your new charge will most likely be filed in misdemeanor court.

Also, missing a court date will probably mean a warrant will be issued for your arrest, so it's something you really want to avoid.

Danny Freisner
Texas Criminal Defense Attorney
(972) 923-1899
Contact Form

A lot of people, and some lawyers, still think Texas is operating under the old rule where if ten (10) years had passed since your last DWI the prosecutor cannot use that conviction to enhance, or upgrade, your charge to a higher level.

The Texas legislature changed this law during its last major session, and it now permits the Texas District Attorneys to use a prior Driving While Intoxicated charge to enhance a new DWI charge to a higher classification.

Let’s look at an example….

Let’s say that a person was arrested in Ellis County for a DWI in 1987, and this charge became a final conviction.  Then in 2002, the person is arrested in Tarrant County for another DWI.

Regardless of the time frame, the person is most likely charged with a Class A Misdemeanor instead of a Class B.  If this second DWI becomes a final conviction then the punishment range is up to one (1) year in county jail and a maximum fine of $4,000.

Keeping with our example above …in 2006, the person is arrested again for a DWI in Waxahachie, Texas.  This charge is commonly referred to as a DWI 3rd or More, and it is classified as a Third Degree Felony.  The punishment range for a 3rd Degree is between two (2) to ten (10) years to be served in a TDC unit (aka prison), plus a fine not to exceed $10,000.

Under the old law, this new 2006 DWI arrest would have been treated as a Class A Misdemeanor, but under the new law…it’s going to be a felony! 

And from experience, you start running into some major hurdles when trying to have a jury trial for a felony DWI for several reasons. 

Point being, if you catch a second DWI in Texas now, you may want to think about hanging up your boots on drinking and driving, because the next DWI is probably going to be a felony.

Danny Freisner
Texas Criminal Defense Attorney
(972) 923-1899
Contact Form

What to Wear When Going to Court

Remember, if you are going to court, criminal or civil, you need to consider what you are going to wear.  So dress in your best.   I often wonder if people realize the impression they are giving when they show up to the courthouse looking like they just rolled out of bed.   

Your first impression is usually a lasting impression, so try to get off on the right foot with the judge and prosecutor by showing them that you respect the court.   

Here are a few tips on how to dress if you are going to court: 

Men:

• Suits, which are conservative (Black and Navy Blue are best);

• No suit?  Wear slacks and a jacket with a tie;

• Shirts – white or a very conservative color…tuck the shirt in;

• Shave (clean shaven is best);

• No crazy hair cuts or colors;

• No earrings; and

• No ball caps.

Women: 

• Wear a dress or business attire;

• Keep the jewelry to a minimum (Conservative earrings are normally fine);  

• No half-shirts;

• No crazy hair cuts or colors; and

• No flip-flops.

Both Men and Women: 

• Don’t wear excessive jewelry (a wedding ring is fine);

• Have sleeves on your shirts;

• Do not wear a tank-top;

• Pressed clothes (no excessive wrinkles); and

• Take anything you have pierced to your nose, eyes, or lips out!

I have seen both judges in Ellis County that hear criminal cases send people out of the courtroom for not being dressed appropriately.  This usually starts things off on the wrong note, so try to avoid it.   

Consider how you dress when going to court.  It may or may not benefit you at the end of the day, but it will most likely not hurt you either. 

Ask your attorney what you should wear or call the court to see if the judge has any specific rules on dress (i.e. a dress code). 

Danny Freisner
Texas Criminal Defense Attorney
(972) 923-1899
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It seems to me from conversations I have that a lot of people think that a lawyer is just a lawyer. However, some attorneys are starting to limit their practice area more and more. The reason for this is really beyond the scope of this post, but here's my thought....

If I were looking for an attorney I would try to find someone that practices mainly in that area of the law. For example, if I needed a personal injury attorney, and I didn't know where to turn (which means I'm probably turning to the web, or yellow pages, then I would try to find someone that seems to be devoted to that specific area of the law.

If you flip through the ads in your local telephone book, you'll see a wide range of ads for attorneys. Many of them will list multiple practice areas, which will state they do family, wills and probate, criminal defense, personal injury, etc...the list goes on and on.

Keep looking though, and you will also start see ads that focus on one area say bankruptcy...or in my case criminal defense. These attorneys tend to be more focused, or limited, in their practice area. Often they have reached a point in their practice where they have built a reputation in that area of law that allows them to sustain their entire practice in that area of law (which says something in my opinion about the attorney).

Don't get me wrong, there are some great general practice attorneys out there.

However, if you have a personal injury problem then you may want to consider calling an attorney that practices heavily in personal injury cases. If you have a criminal law matter, say a DWI, then you may want to find an attorney that practices heavily in criminal defense.

And if you're not sure what area of law your problem falls into then call the attorney up and ask if he handles cases in that area. I don't mind getting a phone call from someone that isn't sure they need a "criminal defense attorney," so if you're unsure call the attorney you're considering and ask. Who knows, if the attorney doesn't handle that type of case, he may know someone that does.

Danny Freisner
Texas Criminal Defense Attorney
(972) 923-1899
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When stopped by the police it is a good idea to have both hands on the top part of the steering wheel. Believe it or not, I've been pulled over once or twice by a State Trooper or local police officer (they said I was speeding...crazy!).

To put the officer at ease, I will try to have my license in one hand and my insurance card in the other with both hands clearly displayed as the officer approaches my car. The reason I do this is simple, it lets the officer know where my hands are located (i.e. not reaching for a gun).

Believe it or not, one of the scariest things an officer encounters on a daily basis is the routine traffic stop, because it is so unpredictable. Be it a good cop or bad cop, he doesn't know who you are. Put the situation at ease by showing him where you hands are at all times.

One last note, if I am unable to have my license and insurance card in my hand I will try to have my wallet in my hand with my hands placed on top of the steering wheel.

Danny Freisner
Texas Criminal Defense Attorney
(972) 923-1899
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