Category: Criminal Charges

Texas Open Container Laws

It’s hot in Texas. Walk into any Valero around 5:00 p.m. one afternoon, and it’s not uncommon to see folks buying beers......

Marijuana Laws in Texas

WHAT IS THE CURRENT TEXAS LAW ON MARIJUANA? Marijuna remains illegal under Texas state law. Marijuana is any derivative of the cannabis plant with a tetrahydrocannabinol (THC) concentration over 0.30 percent. Possession of Marijuana is a criminal offense with a punishment that ranges accordingly: Possession 0 to 2 oz: Class...

What is the Statute of Limitations on Crime?

A Statute of Limitations is a time restriction on the filing of criminal charges. A criminal case may not be filed after expiration of the relevant Statute of Limitations. Most criminal offenses have a Statute of Limitations, which vary depending on the offense. What is the Statute of Limitations for...

Assault in Texas

Assault is dangerous. While all acts of physical violence are dangerous, in Texas, Assault charges can be based solely on a verbal allegation. Physical evidence is not required, and often absent. This creates a dangerous situation for the accused....

What is a Motion to Suppress Evidence in Texas?

Alcohol is available for in-store purchase beginning at 7 a.m. Monday through Saturday, and beginning at 10 a.m on Sundays....

Texas Real Estate License with Criminal Record

CAN YOU GET A REAL ESTATE LICENSE IN TEXAS WITH A CRIMINAL RECORD? Yes, you can be a real estate agent in Texas if you have a criminal record. A criminal record is not an automatic disqualification to obtaining or maintaining a Texas real estate license. The Texas Real Estate...

What happens on your first court date?

WHAT HAPPENS AT YOUR FIRST COURT DATE IN TEXAS? Nothing serious happens on the first court date in Texas. Defendants should not expect to proceed to trial or finalize their case at this hearing. Defendants are usually informed of the charges against them as well as the punishment range. The...

Marijuana Laws in Austin

IS MARIJUANA LEGAL IN AUSTIN TEXAS? Marijuana is not legal in Austin, Texas. Although Travis County authorities may not prosecute low level possession offenses, marijuana remains an illegal controlled substance. Additionally, certain marijuana charges can result in lengthy prison sentences, costly fines, and a devastating, permanent criminal conviction. Learn more....

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Who Can Legally Possess a Firearm in Texas?

What Are the Rules for Search and Seizures in Texas?

Underage Drinking in Texas

Texans must be at least 21 years of age to consume alcohol. Minors are prohibited from possessing and consuming alcohol in Texas...

What is the Burden of Proof in Trial?

The burden of proof is the legal obligation and degree of evidence a person must present in order to succeed in a US court proceeding. A person seeking some recovery in court is said to have the burden of proof in presenting the required evidence to prove a claim. For...

Marijuana Laws in Houston

IS MARIJUANA ILLEGAL IN HOUSTON TEXAS? Marijuana is an illegal controlled substance in Houston, Texas. Possession of Marijuana is a criminal offense punishable as a felony with devastating consequences in certain circumstances. However, police will not conduct arrests in possession cases involving small amounts of marijuana in Harris County as...

Your Legal Roadmap: Answering Your Questions

Question 1

What are the penalties for marijuana possession?

Marijuana is illegal at the federal level and at the state level in Texas. The possession or sale of marijuana is subject to severe criminal penalties, including lengthy prison sentences and substantial fines. Read more.

Question 2

How is assault defined in Texas?

In Texas, Assault is causing bodily injury to another, threatening another with immediate bodily injury, or physically contacting another person in a provocative or offensive manner. Assault is a criminal offense that ranges in punishment depending on the circumstances. For example, Assault causing Bodily Injury is normally a class A misdemeanor carrying a maximum $4,000 fine and 1 year jail sentence, while Assault of a Public Servant is a third degree felony punishable by a maximum $10,000 fine and 2 to 10 years in prison. Read more.

Question 3

What is the Statute of Limitations on crimes?

A Statute of Limitations is a time restriction on the filing of criminal charges. A criminal case may not be filed after expiration of the relevant Statute of Limitations. Most criminal offenses have a Statute of Limitations, which vary depending on the offense. Read more.

Question 4

What are the Texas Open Container Laws?

In Texas, an open container is anything containing any amount of alcohol that is not sealed. This includes capped, but previously opened bottles, cans, flasks, thermoses, and Yeti cups. An Open Container violation is described in Section 49.031 of the Texas Penal Code... Read more.

Question 5

What is Deferred Adjudication?

A deferred adjudication is a special form of community supervision that allows an individual to avoid the risk of incarceration and a final conviction. In order to be granted deferred adjudication, a defendant must enter a plea of “guilty” or “no contest” and waive many constitutional rights in exchange for a pathway to dismissal. This typically involves being on community supervision for an agreed period of time and completing and abiding by an agreed set of terms and conditions. Read more.

Question 6

What is a motion to suppress evidence?

A Motion to Suppress evidence is a request to exclude certain forms of evidence from a criminal trial. If granted by the judge, a Motion to Suppress can decimate the prosecution’s case, making it an invaluable tool for defending a criminal charge in Texas. Read more.

Testimonials

What our clients think about us

M. Adams

Exceptional Defense Attorneys and firm.
I had the pleasure of being represented by Trey Porter Law. Attorney Joseph Strickland worked with me directly and was wit me at every court appearance and I couldn't be more satisfied with the outcome. From the outset, they set clear expectations on how they could help me avoid jail time for my DWI charge.

What truly stood out was their unwavering support throughout the entire process. They were always accessible, promptly addressing any questions I had. Ms. Aisley would answer my call and respond to my questions on the spot. This was especially crucial when my school and potential employers raised concerns about my pending charges. Joseph Strickland provided guidance on how to navigate these external challenges, showcasing their commitment to their clients beyond the courtroom.

Their professionalism, transparent communication, and dedication to my case made a significant impact, and I am grateful for the positive resolution they achieved. I highly recommend Trey Porter Law Firm for anyone in need of a skilled and supportive defense attorney and team.

C. Pollock

After a search of attorneys in my area I sought out Trey Porter Law Firm, impressed by the detailed information provided on the website and resounding client endorsements. From the introductory phone call, direct meeting, subsequent calls/emails/texts, and throughout my court appearance and disposition, all dealings have been exceptional. Everyone on the team has been friendly and responsive, while still being highly professional. I also very much appreciate the proactive approach taken throughout my case.

J. Givens

Mr. Porter an amazing attorney, he help me get through my situation swiftly and professionally as well as save me time and money in the process. Working with Mr. Porter was a pleasure, he kept me well informed and updated throughout the whole process which made things so much easier for me to understand. Mr. Porter and his team took the stress out of stressful situation. Mr. Porter and his team was always easy to contact and return my phone calls and emails promptly. I cannot give enough praise to Mr. Porter and his team. I had another attorney in the beginning who wad basically going to railroad me. I would definitely recommend Mr. Trey Porter again and again. If you’re looking for a great attorney who is affordable and knowledgeable and will fight for you, Trey Porter is the attorney to choose. Definitely a five star attorney.

J. Franklin

Trey and his staff are great and make sure to help you with all your questions to get through the process. Trey worked out the best outcome for my issue and got me an opportunity to get my charge expunged. Trey and his team made a negative experience end on a positive note. Truly recommend this law firm for your legal issues.

J. McKibbon

I would like to thank Trey Porter and his team regarding my DUI case. I truly could not have expected a better outcome regarding my case. This outcome only happened because of his expert knowledge and dedication to his profession. Trey really took time to explain every step of the process to me which really helped me make critical decisions on how to proceed. I am lucky to have come across his name and will only refer people to Mr. Porter regarding DUI offenses. Trey, I want to thank you publicly. Your expert handling of my D.U.I. got my case reduced to an outcome I was very pleased with. Nothing against my driving record, no loss of license and I’m positive this wouldn’t have turned out so well without you. Thanks for your hard work, empathy and responsiveness it really meant a lot to me.

R. Valdez

We hired Trey Porter to assist us last year. From the initial consultation up to and including the court hearing, Trey had a straight forward approach to the situation at hand. He explained everything along the way and was available at any time to discuss/answer any questions we had either by phone/text/email. With his experience and professionalism, we obtained the best outcome possible. We would highly recommend Trey Porter with no hesitation whatsoever. Five stars is definitely not enough!

B. Cantu

I highly recommend Trey Porter! He is very professional and attentive to each situation at hand. He does not beat around the bush. Straight forward and explains things very well. Easy to work with. Contacts you before you have to ever contact him. Detailed oriented. Driven to get you the best deal possible in your situation. Him and his staff were absolutely amazing for my situation. Thank you!

B. Patel

Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients. He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!

D. Lopez

Mr. Porter was exceptional! He answered all my questions, was thorough throughout my case. Really pushed to go above and beyond to get us the results we were needing. Excellent professional service and as a professional I can definitely say I recommend him.

C. Jef

100/100
Excellent experience with Mr Porter and TPL law offices. They fought for me and they won! I hired Mr Porter after an embarrassing incident. My license and employment were on the line. The office had excellent communication and personal service — even through text message! Totally recommend Trey Porter 100/100!

T. Royal

5 STAR!
I hired Mr. Porter to represent my son in a DUI case. I was worried a conviction would ruin his future. Mr. Porter and the whole office were friendly, thorough, and poised throughout. They respond to text and calls almost instantly. We are just finishing the expunction process after the case was dismissed!!! I am grateful to Mr. Porter and recommend him to one and all. Excellent from start to finish. Thank you TPL!

A. Renaud

Winning
I won with Attorney Trey Porter! Had a criminal DWI .15 charge, small accident, but no injuries. This was my first criminal charge of my life. Mr. Porter was great to talk to — as was the entire office staff and other attorneys. Everyone was SO NICE! 9 long months passed and my charge was dismissed. No probation. No conviction. This experience was well worth the money. I recommend Trey Porter, Attorney at Law.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.

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