Deandra Grant Law Criminal Defense Brand

Arlington DWI and Criminal Defense Lawyers

With Offices in Dallas, Fort Worth, Allen, Denton, Waco, Austin & Rockwall

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    Arlington DWI and Criminal Defense Lawyers

    With Offices in Dallas, Fort Worth, Allen, Denton, Waco, Austin & Rockwall

    Do You Need Legal Help?



      "Deandra Grant Law fights hard for their clients and is always willing to go above and beyond. They are the best firm for DWI cases in DFW and beyond. Definitely hire them to represent you in any pending cases."

      - P. Williams

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      Since 1994 when our doors opened, Deandra Grant Law has helped thousands of clients get their DWI charges reduced or dismissed. We're ready to fight on your behalf.

      Attorney Deandra Grant

      Deandra M. Grant

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      Douglas E. Huff

      Partner & Criminal Division Chief

      Johnny Lanzillo

      Criminal Division Trial Chief

      Texas Attorney Kevin Sheneberger

      Kevin Sheneberger

      Criminal Trial Division

      Texas Attorney Omar Sherif

      Omar Sherif

      Criminal Trial Division

      Texas Attorney James Lee Bright

      James Lee Bright

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      Arlington DWI and Criminal Defense Lawyers

      Legal Defense Services in Arlington, Texas

      Arlington DWI Defense Attorney: Protecting Your Rights in Tarrant County

      When searching for an experienced DWI defense lawyer in Arlington, Texas, understanding the local legal landscape is essential. Arlington, located in the heart of Tarrant County, presents unique legal challenges for those facing criminal charges. From DWI cases involving blood or breath testing to more serious charges like felony DWI, drug possession, or assault, navigating Arlington’s legal system requires specialized knowledge of local courts, procedures, and law enforcement practices.

      Arlington’s strategic location between Dallas and Fort Worth places it within one of Texas’s busiest judicial districts. The Tarrant County criminal justice system processes thousands of cases annually, with DWI and related offenses comprising a significant percentage. If you’ve been arrested in Arlington—whether on Interstate 30, near AT&T Stadium, in the Entertainment District, or in a residential neighborhood—your case will likely proceed through the Tarrant County court system.

      Local law enforcement agencies, including the Arlington Police Department and Tarrant County Sheriff’s Office, employ specific protocols for DWI investigations and arrests. These agencies utilize dedicated DWI enforcement units, particularly during high-profile events at Arlington’s sports venues and entertainment districts. Understanding these enforcement patterns and procedures is crucial when building an effective defense strategy.

      The Arlington Municipal Court handles less serious offenses, while more significant charges are processed through the Tarrant County Criminal Courts Building in downtown Fort Worth. Each court has distinct procedures, expectations, and tendencies that can significantly impact case outcomes. Local knowledge of these courts, including familiarity with specific judges and prosecutors who handle DWI and criminal cases from Arlington, provides an essential advantage when fighting these charges.

      This comprehensive guide examines the most common legal issues Arlington residents face and explores effective defense strategies for each situation. Whether you’re dealing with the scientific complexities of blood or breath testing in a DWI case, the enhanced penalties of a repeat offense, or the high stakes of assault or drug charges, understanding your legal options in Arlington and Tarrant County is the first step toward protecting your rights and future.

      Deandra Grant Law Helps Residents Across Texas with Criminal and DWI Defense – Including: Allen, Austin, Belton, Cleburne, Collin County, Dallas, Denton, Fairview, Fort Worth, Frisco, Gainesville, Granbury, Hood County, Johnson County, Lewisville, Little Elm, McKinney, Park Cities, Parker County, Plano, Princeton, Richardson, Rockwall, Rowlett, Royse City, Southlake, Sunnyvale, The Colony, Waco, and Weatherford.

      Blood Testing in DWI Cases in Arlington

      Arlington DWI Blood Testing Procedures and Protocols

      Arlington Police Department and other Tarrant County law enforcement agencies increasingly rely on blood testing in DWI investigations. Understanding the specific blood testing protocols used in Arlington DWI cases is essential for identifying potential defense strategies.

      When an Arlington police officer suspects a driver of DWI, blood collection typically occurs at one of several designated facilities:

      • Texas Health Arlington Memorial Hospital
      • Medical City Arlington
      • JPS Health Network facilities
      • Dedicated blood draw rooms at the Arlington City Jail

      The standard procedure includes:

      • Initial traffic stop and field sobriety tests
      • Arrest and transportation to a medical facility or jail
      • Reading of the statutory warning about consent
      • Blood draw by a qualified medical professional
      • Proper packaging and shipment to the Tarrant County Medical Examiner’s Office Crime Laboratory

      Arlington police officers must follow specific protocols for blood testing. Any deviation from these procedures can potentially affect the admissibility and reliability of blood test results in Tarrant County courts.

      Legal Rights and Protections in Arlington Blood Draw Cases

      Arlington residents facing DWI charges involving blood testing have important legal rights that must be protected. These include:

      1. Right to refuse a blood test (though refusal carries administrative penalties)
      2. Requirement for police to obtain a warrant if consent is refused (except in limited emergency circumstances)
      3. Right to independent testing of the blood sample
      4. Requirement that only qualified medical personnel perform the blood draw
      5. Right to challenge the chain of custody and testing procedures

      In a recent Arlington case near UTA Boulevard, a DWI charge was significantly weakened when investigation revealed improper handling of the blood sample during transport to the laboratory. This procedural error raised substantial questions about the reliability of the test results.

      Scientific and Procedural Challenges to Blood Test Evidence

      Blood test results in Arlington DWI cases can be challenged on multiple scientific and procedural grounds:

      • Improper blood draw techniques
      • Contamination during collection or analysis
      • Fermentation of the blood sample due to improper storage
      • Chain of custody issues during transportation to the Tarrant County lab
      • Laboratory errors during analysis
      • Improper calibration of testing equipment
      • Qualifications of testing personnel

      Arlington DWI defense attorneys with experience in blood test cases can identify potential issues with blood evidence that may not be apparent to defendants or less specialized attorneys. For example, the Tarrant County Medical Examiner’s Office Crime Laboratory, which analyzes most Arlington DWI blood samples, has specific protocols that must be followed for reliable results.

      Arlington DWI Blood Test Defense Strategies

      Effective defense strategies for blood test cases in Arlington include:

      • Challenging the legality of the initial traffic stop
      • Contesting probable cause for the arrest
      • Analyzing the blood draw warrant (if used) for deficiencies
      • Investigating the qualifications of the person who drew the blood
      • Examining the chain of custody documentation
      • Consulting with independent toxicology experts
      • Questioning the scientific reliability of the testing methods

      In an Arlington DWI case on Collins Street, analysis of the blood test warrant revealed critical deficiencies in the officer’s affidavit. This resulted in the blood evidence being suppressed and significantly strengthened the defendant’s position in negotiating a favorable resolution.

      For Arlington residents facing DWI charges involving blood testing, a thorough investigation of every aspect of the blood collection and analysis process is essential. Seemingly minor procedural errors or scientific inconsistencies can have major implications for case outcomes in Tarrant County courts.

      Breath Testing in DWI Cases in Arlington

      Arlington’s Breath Testing Equipment and Procedures

      The Arlington Police Department primarily uses the Intoxilyzer 9000 for breath alcohol testing in DWI cases. Understanding how this device works and the specific procedures required for accurate testing is crucial when challenging breath test evidence in Tarrant County courts.

      Arlington’s breath testing locations include:

      • The Arlington City Jail intake processing area
      • The Tarrant County Jail facility
      • Mobile Breath Alcohol Testing (BAT) units deployed during special events near AT&T Stadium, Globe Life Field, and the Entertainment District

      The Intoxilyzer 9000 uses infrared spectroscopy technology to measure alcohol concentration in breath samples. While this technology is advanced, it remains subject to numerous variables that can affect accuracy and reliability.

      Arlington police officers certified as breath test operators must follow specific procedures when administering tests:

      • Observe the subject for at least 15 minutes before testing
      • Ensure no food, drink, smoking, or vomiting during this observation period
      • Conduct two separate breath tests at least two minutes apart
      • Obtain results within 0.02 of each other for the tests to be considered valid
      • Maintain proper documentation of the entire testing process

      Scientific Limitations of Breath Testing in Arlington DWI Cases

      Despite its widespread use in Arlington and throughout Tarrant County, breath testing technology has significant scientific limitations that can form the basis for effective defense strategies:

      1. The “partition ratio” assumption – The Intoxilyzer uses a standardized ratio to convert breath alcohol to blood alcohol, but this ratio varies significantly among individuals
      2. Mouth alcohol contamination – Recent alcohol consumption, dental work, acid reflux, or certain medical conditions can artificially inflate results
      3. Radio frequency interference – Police radios and other electronic devices can potentially affect readings
      4. Temperature variations – Body temperature and ambient temperature can influence results
      5. Medical conditions – Certain respiratory and metabolic conditions can impact breath test accuracy

      In a recent Arlington DWI case near Lincoln Square, evidence of the defendant’s documented medical condition that affected breathing patterns raised significant questions about the reliability of breath test results, contributing to a favorable case resolution.

      Challenging Breath Test Calibration and Maintenance in Tarrant County

      Arlington and Tarrant County breath testing devices require regular calibration and maintenance to produce reliable results. Defense strategies often include:

      • Requesting maintenance records for the specific Intoxilyzer used
      • Examining calibration documentation and testing solution certificates
      • Investigating whether the machine had reported errors in tests before or after the defendant’s test
      • Analyzing whether proper testing protocols were followed
      • Reviewing the qualifications and certification of the breath test operator

      The technical supervisor responsible for maintaining Arlington’s breath testing equipment must keep detailed records. These records often reveal issues that can undermine confidence in test results. For example, in a recent case from the Entertainment District, maintenance records showed that the Intoxilyzer had been flagged for inconsistent results in the weeks before the defendant’s test, creating reasonable doubt about the reliability of the readings.

      Effective Defense Strategies for Arlington Breath Test Cases

      Arlington DWI defense attorneys employ several strategies when challenging breath test evidence:

      • Examining the initial traffic stop for constitutional violations
      • Investigating whether proper observation procedures were followed
      • Reviewing officer training and certification documentation
      • Consulting with forensic toxicology experts about scientific limitations
      • Presenting evidence of medical conditions that could affect results
      • Challenging the prosecution’s “relation back” calculations that attempt to establish BAC at the time of driving

      In a recent Arlington DWI case on Cooper Street, investigation revealed that the officer failed to maintain proper observation during the required 15-minute period. This procedural violation significantly undermined the prosecution’s case and contributed to a favorable outcome for the defendant.

      For Arlington residents facing DWI charges involving breath testing, understanding these scientific and procedural limitations is essential for building an effective defense in Tarrant County courts.

      Second Offense DWI in Arlington

      Enhanced DWI Penalties for Repeat Offenders in Tarrant County

      Arlington residents facing a second DWI charge encounter significantly enhanced penalties under Texas law. In Tarrant County, prosecutors and judges take repeat DWI offenses particularly seriously, often pursuing penalties exceeding statutory minimums.

      For a second DWI offense in Arlington, potential consequences include:

      • Class A misdemeanor classification (upgraded from Class B for first offenses)
      • Jail time ranging from 30 days to 1 year in Tarrant County Jail
      • Fines up to $4,000 plus court costs and fees
      • Driver’s license suspension for 180 days to 2 years
      • Mandatory installation of an ignition interlock device on all vehicles operated
      • Required completion of DWI education and intervention programs
      • Substantial increases in auto insurance premiums
      • Potential professional license issues for certain occupations

      Tarrant County courts, particularly those handling Arlington DWI cases, have established reputations for strict sentencing in repeat DWI cases, especially when aggravating factors are present.

      How Tarrant County Prosecutors Handle Prior DWI Convictions

      The Tarrant County District Attorney’s Office has implemented specific policies for prosecuting repeat DWI offenders from Arlington and other Tarrant County municipalities:

      • Thorough background checks to identify prior DWI convictions anywhere in Texas or other states
      • Limited plea bargaining options compared to first-time offenses
      • Requirements for enhanced supervision if probation is granted
      • Higher bond amounts and stricter pre-trial release conditions
      • Utilization of prior conviction evidence during sentencing

      Texas law has no “lookback” period for DWI enhancements, meaning that a DWI conviction from decades ago can still count to enhance a current charge. This distinguishes Texas from many states that limit enhancement to convictions within a certain time period.

      Tarrant County Second DWI Defense Strategies

      Effective defense strategies for second DWI charges in Arlington include:

      1. Challenging the current DWI charge on its merits – A prior conviction doesn’t reduce the prosecution’s burden of proof on the current charge
      2. Attacking the admissibility of the prior conviction for enhancement purposes
      3. Investigating whether proper procedures were followed from stop to arrest to testing
      4. Negotiating for treatment alternatives rather than incarceration
      5. Examining if the prior conviction was properly documented and proven

      In a recent Arlington case, investigation revealed that the defendant’s “prior DWI” had actually resulted in a reduced charge of Obstruction of a Highway, making it ineligible for enhancement purposes. This discovery significantly altered the case strategy and potential consequences.

      Arlington DWI Court and Alternative Programs

      Tarrant County offers several alternative programs that may be available to certain second-time DWI offenders:

      • The Tarrant County DWI Court program – An intensive supervision and treatment alternative
      • Specialized probation programs with enhanced monitoring
      • Treatment-focused approaches that address underlying substance issues
      • Community service alternatives in lieu of longer jail sentences

      These programs typically involve:

      • Regular court appearances before a designated judge
      • Frequent alcohol and drug testing
      • Individual and group counseling sessions
      • Ignition interlock monitoring and compliance
      • Regular meetings with probation officers

      For Arlington residents facing second DWI charges, these alternative programs can provide pathways to address underlying issues while avoiding the most severe penalties. Eligibility often depends on factors such as blood alcohol concentration, whether an accident occurred, and the time elapsed since the prior offense.

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      Felony DWI in Arlington

      When DWI Becomes a Felony in Tarrant County

      Arlington residents should understand the specific circumstances that elevate a DWI charge from a misdemeanor to a felony in Tarrant County. These factors significantly increase potential penalties and long-term consequences.

      A DWI becomes a felony in Arlington and Tarrant County when:

      • It’s the defendant’s third or subsequent DWI offense (Third Degree Felony)
      • The DWI involves a child passenger under 15 years old (State Jail Felony)
      • The DWI causes serious bodily injury to another person (Intoxication Assault – Third Degree Felony)
      • The DWI results in someone’s death (Intoxication Manslaughter – Second Degree Felony)

      Felony DWI cases from Arlington are handled in the Tarrant County Criminal District Courts in downtown Fort Worth, where specialized prosecutors focus on these serious offenses.

      Arlington Felony DWI Investigation Procedures

      Felony DWI investigations in Arlington involve more extensive procedures than misdemeanor cases:

      • Specialized accident investigation teams for cases involving injuries or fatalities
      • More comprehensive evidence collection, including detailed blood analysis
      • Accident reconstruction in cases involving collisions
      • More extensive witness interviews and documentation
      • Higher involvement of specialized units within the Arlington Police Department

      These enhanced investigation procedures create both challenges and opportunities for defense attorneys. While the evidence collection is more thorough, it also provides more potential points for legal challenges.

      Legal Consequences of Felony DWI Conviction in Arlington

      The stakes for felony DWI in Arlington are extremely high:

      • For a third DWI: 2-10 years in prison and up to $10,000 in fines
      • For DWI with a child passenger: 180 days to 2 years in state jail and up to $10,000 in fines
      • For intoxication assault: 2-10 years in prison and up to $10,000 in fines
      • For intoxication manslaughter: 2-20 years in prison and up to $10,000 in fines

      Beyond these immediate penalties, a felony conviction affects:

      • Voting rights until sentence completion
      • Rights to own or possess firearms
      • Employment opportunities
      • Housing options
      • Professional licensing
      • Immigration status for non-citizens

      Effective Defense Strategies for Arlington Felony DWI Cases

      Defending felony DWI cases in Tarrant County requires specialized approaches:

      • Challenging the evidence of intoxication through expert witnesses
      • Questioning the validity of prior convictions used for enhancement
      • Investigating the chain of custody for blood evidence
      • Examining accident reconstruction reports in cases involving injuries
      • Negotiating for treatment-based alternatives when appropriate

      In a recent Arlington felony DWI case on I-20, thorough investigation revealed that one of the prior convictions used for enhancement had constitutional issues involving right to counsel. This discovery led to a reduction from a felony to a misdemeanor charge.

      For cases involving accidents with injuries, independent accident reconstruction can sometimes identify factors other than intoxication that contributed to or caused the collision. In one case near Six Flags, evidence showed that poor road design and inadequate signage were significant factors in the accident, affecting how the case was ultimately resolved.

      Navigating the Tarrant County Court Process for Felony DWI

      The court process for felony DWI cases in Tarrant County involves several distinct phases:

      1. Case filing and grand jury indictment
      2. Arraignment in one of the Criminal District Courts
      3. Pre-trial hearings and motions
      4. Plea negotiations
      5. Trial if no agreement is reached
      6. Sentencing if convicted

      This process typically takes 6-18 months, during which defendants may be subject to strict bond conditions including:

      • Alcohol monitoring
      • Regular reporting to pre-trial services
      • Travel restrictions
      • Ignition interlock requirements

      For Arlington residents facing felony DWI charges, understanding this process and having experienced representation at each stage is essential for protecting their rights and achieving the best possible outcome.

      DWI with Accident in Arlington

      Arlington DWI Accident Investigations and Procedures

      When a DWI in Arlington involves an accident, the case becomes significantly more complex from both investigative and legal perspectives. The Arlington Police Department employs specialized procedures for accident investigations involving suspected intoxicated drivers.

      These investigations typically include:

      • Response by specialized accident investigation teams, particularly for accidents on major thoroughfares like I-30, Highway 360, or Cooper Street
      • Detailed documentation of the accident scene with photographs, measurements, and witness statements
      • Collection of physical evidence from vehicles and the surrounding area
      • Determination of pre-accident actions through witness interviews and surveillance footage
      • Mandatory blood draws in cases involving serious injuries or fatalities
      • Accident reconstruction for more serious cases

      The Arlington Police Department’s Traffic Investigation Unit handles most serious DWI accident cases, bringing specialized training and equipment to these investigations. Their findings become crucial evidence in both criminal proceedings and related civil matters.

      Legal Implications of Accidents in Arlington DWI Cases

      An accident significantly changes the dynamics of a DWI case in Tarrant County:

      • It typically provides officers with clear probable cause for investigation
      • It creates additional evidence that can strengthen the prosecution’s case
      • It may trigger enhanced charges depending on injuries or property damage
      • It can lead to mandatory blood draws under Texas Transportation Code
      • It increases scrutiny from prosecutors and potentially judges during sentencing

      Additionally, accidents often bring civil liability concerns alongside criminal charges. Arlington residents facing DWI accident cases must consider both aspects simultaneously.

      Proving Causation in Arlington DWI Accident Cases

      A critical element in many DWI accident cases is establishing whether the alleged intoxication actually caused the accident. Effective defense strategies often focus on alternative factors that may have contributed to or caused the collision:

      • Road conditions, particularly during North Texas weather events
      • Actions of other drivers or pedestrians
      • Vehicle mechanical failures
      • Road design or signage issues
      • Visibility problems unrelated to intoxication

      In a recent Arlington case near The Parks Mall, evidence showed that another driver had run a red light, making the collision unavoidable regardless of the defendant’s alleged intoxication. This causation issue significantly affected how the case proceeded through the Tarrant County courts.

      Defense Strategies for Arlington DWI Accident Cases

      When defending DWI accident cases in Arlington, effective strategies include:

      • Independent accident investigation and reconstruction
      • Challenging blood or breath test evidence
      • Examining witness statements for inconsistencies
      • Reviewing police reports for procedural errors
      • Consulting with accident reconstruction experts
      • Addressing both criminal charges and potential civil liability

      In one case involving an accident on Abram Street, investigation revealed that the police report contained significant factual errors about how the collision occurred. Correcting these errors through independent witness statements and physical evidence analysis substantively changed the case dynamics and led to a more favorable resolution.

      Coordinating Criminal and Civil Defense in DWI Accident Cases

      Arlington residents facing DWI accident charges must often navigate both criminal proceedings and civil liability issues simultaneously. An effective defense approach coordinates these parallel legal challenges:

      1. Managing information sharing between criminal and civil proceedings
      2. Timing strategic decisions to protect interests in both arenas
      3. Considering how criminal case outcomes may affect civil liability
      4. Addressing insurance coverage questions that arise in DWI accident scenarios
      5. Developing comprehensive settlement strategies when appropriate

      This coordinated approach helps protect defendants’ interests across all legal proceedings arising from the incident.

      DWI with Death in Arlington

      Understanding Intoxication Manslaughter Charges in Tarrant County

      When a DWI incident in Arlington results in a fatality, the charge becomes intoxication manslaughter – one of the most serious offenses in the Texas criminal justice system. Tarrant County prosecutors pursue these cases with particular vigor.

      Intoxication manslaughter is charged when:

      • A person operates a motor vehicle while intoxicated
      • Their intoxication causes an accident
      • The accident results in someone’s death
      • There is a direct causal connection between the intoxication and the death

      These cases are typically assigned to the most experienced prosecutors in the Tarrant County District Attorney’s Office and are handled in the Criminal District Courts in downtown Fort Worth.

      Arlington Fatal DWI Investigation Procedures

      Fatal DWI investigations in Arlington involve extensive resources and protocols:

      • Response by the Arlington Police Department’s Critical Accident Investigation Team
      • Comprehensive scene documentation using advanced technology
      • Detailed blood evidence collection and analysis
      • Thorough witness interviews conducted by multiple officers
      • Vehicle inspections and mechanical analysis
      • Accident reconstruction using specialized software and techniques
      • Collection of surveillance footage from nearby businesses or traffic cameras

      These investigations often take weeks or months to complete as evidence is analyzed and reports are finalized. The thoroughness of these investigations creates both challenges and opportunities for defense attorneys examining the case.

      Legal Defense Strategies for Intoxication Manslaughter in Arlington

      Defending intoxication manslaughter cases in Tarrant County requires a multifaceted approach:

      1. Thorough independent investigation of the accident scene and circumstances
      2. Expert analysis of blood testing procedures and results
      3. Evaluation of the causal connection between alleged intoxication and the fatality
      4. Assessment of other potential contributing factors (road conditions, actions of others, vehicle defects)
      5. Consideration of all possible legal and factual defenses

      In one case involving a fatal accident on Division Street, investigation revealed that road design issues and inadequate signage were significant factors in the collision. While this didn’t eliminate responsibility, it provided important context that affected how the case was resolved.

      The Court Process for Fatal DWI Cases in Tarrant County

      Intoxication manslaughter cases proceed through several stages in the Tarrant County criminal justice system:

      • Grand jury indictment process
      • Arraignment in Criminal District Court
      • Multiple pre-trial hearings addressing evidence and procedural issues
      • Extensive plea negotiations that may involve victim’s family input
      • Trial if no agreement is reached
      • Sentencing phase if convicted

      These cases typically take 12-24 months to resolve, during which defendants may be subject to extremely high bonds or strict pretrial release conditions. The emotional nature of these cases adds additional complexity to every stage of the proceedings.

      Balancing Legal Defense with Compassion

      Fatal DWI cases affect everyone involved – the deceased’s family, the defendant, and the broader community. Effective representation acknowledges this reality while still providing vigorous defense:

      • Recognizing the tragedy while protecting legal rights
      • Considering restorative justice approaches when appropriate
      • Addressing the needs of clients facing profound emotional and legal challenges
      • Managing media coverage that often surrounds these high-profile cases

      For Arlington residents facing these serious charges, having representation that balances these competing considerations is essential for navigating both the legal process and the human dimensions of these difficult cases.

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      Drug Possession in Arlington

      Arlington Drug Enforcement Priorities and Procedures

      Understanding how Arlington and Tarrant County law enforcement agencies approach drug enforcement is essential for building effective defense strategies. The Arlington Police Department focuses drug enforcement efforts on several key areas:

      • Interstate 30 and Highway 360 corridor stops
      • Areas around entertainment venues and Arlington’s stadium district
      • Certain apartment complexes and neighborhoods targeted for enhanced enforcement
      • Narcotics task force operations focusing on distribution and trafficking
      • Coordination with federal agencies for larger-scale investigations

      The Arlington Police Department’s Narcotics Unit conducts surveillance, controlled buys, and executes search warrants throughout the city. They work closely with the Tarrant County Sheriff’s Department and sometimes with federal agencies like DEA on larger investigations.

      Texas Drug Classifications and Penalties Applicable in Arlington

      Texas classifies controlled substances in penalty groups, with possession penalties varying based on the substance and amount:

      • Penalty Group 1 (heroin, cocaine, methamphetamine, oxycodone):
        • Less than 1 gram: State jail felony (180 days-2 years)
        • 1-4 grams: Second-degree felony (2-20 years)
        • 4-200 grams: First-degree felony (5-99 years)
      • Penalty Group 2 (MDMA, psilocybin mushrooms, most hallucinogens):
        • Less than 1 gram: State jail felony
        • 1-4 grams: Second-degree felony
        • 4-400 grams: First-degree felony
      • Marijuana:
        • 2 ounces or less: Class B misdemeanor
        • 2-4 ounces: Class A misdemeanor
        • 4 ounces-5 pounds: State jail felony

      For Arlington residents, understanding these classifications is crucial, as seemingly small differences in substance type or amount can drastically change potential penalties.

      Search and Seizure Issues in Arlington Drug Cases

      The most effective defense strategy in many drug possession cases involves challenging how the drugs were found and seized. In Arlington, common search scenarios include:

      1. Traffic stops, particularly along I-30, Highway 360, and major arterial roads
      2. Residential searches based on warrants or consent
      3. “Stop and frisk” encounters in public areas
      4. K-9 unit deployments at traffic stops

      For each of these scenarios, constitutional protections require law enforcement to follow specific rules. When they don’t, the evidence they collect may be suppressed. Defense attorneys regularly identify issues with:

      • Stops made without genuine reasonable suspicion
      • Searches extended beyond their proper scope
      • Warrant applications based on unreliable informants
      • Consent obtained through deception or coercion

      In a recent case near UTA, our investigation revealed that Arlington police had extended a routine traffic stop without justification to await a K-9 unit’s arrival. This constitutional violation led to suppression of the evidence and dismissal of charges.

      Tarrant County Drug Diversion Programs

      Tarrant County offers several alternative programs that can provide options for drug possession defendants:

      • First Offender Drug Program for certain first-time offenders
      • Tarrant County Drug Court for eligible defendants with substance abuse issues
      • Pretrial diversion opportunities for qualified defendants
      • Deferred adjudication options that can ultimately result in case dismissal

      These programs typically involve:

      • Regular court appearances
      • Drug testing
      • Counseling and treatment
      • Educational components
      • Community service

      For example, a recent client facing possession charges after being arrested in North Arlington was able to enter a diversion program that, upon completion, resulted in dismissal of the case and eligibility for later expunction of the arrest record.

      Building an Effective Drug Possession Defense in Arlington

      Effective defense strategies for drug possession cases in Arlington include:

      • Challenging the legality of the search and seizure
      • Questioning whether the defendant actually possessed the drugs
      • Examining the chain of custody for evidence handling
      • Requesting independent laboratory testing when appropriate
      • Exploring treatment-based alternatives to traditional prosecution

      For Arlington residents facing drug charges, a thorough investigation of constitutional issues combined with exploration of diversion options often provides the best path toward favorable case resolution and protection of future opportunities.

      Assault Charges in Arlington

      Types of Assault Charges in Tarrant County

      Arlington residents facing assault charges should understand the specific classifications and potential penalties under Texas law. Tarrant County prosecutors categorize assault cases based on several factors:

      Simple Assault:

      • Causing bodily injury to another person
      • Threatening someone with imminent bodily injury
      • Causing physical contact known to be offensive

      Assault with aggravating factors:

      • Assault against a family member (domestic violence)
      • Assault against a public servant (police officer, emergency worker)
      • Assault involving strangulation or suffocation
      • Assault with a deadly weapon (aggravated assault)

      The specific classification significantly affects potential penalties and defense strategies. For instance, what might begin as a simple argument in Arlington’s Entertainment District can result in various charges depending on the specific allegations and any aggravating factors present.

      Arlington Domestic Violence Enforcement and Procedures

      Domestic violence cases in Arlington receive specialized handling throughout the criminal justice process:

      • The Arlington Police Department has dedicated domestic violence investigators
      • The Tarrant County District Attorney’s Office maintains a specialized Family Violence Unit
      • Special bond conditions including protective orders are standard
      • Cases can proceed even if the alleged victim doesn’t wish to press charges
      • Specific counseling and intervention programs are typically required

      Arlington Police Department policy generally requires arrest when officers observe injuries or other evidence of family violence, regardless of the wishes of the parties involved. This “mandatory arrest” approach significantly impacts how these cases proceed through the system.

      Evidence Issues in Arlington Assault Cases

      Assault cases in Arlington typically hinge on several types of evidence:

      • Photographs of injuries taken by Arlington PD officers
      • Medical records from facilities like Texas Health Arlington Memorial or Medical City Arlington
      • Witness statements from bystanders or other participants
      • 911 call recordings
      • Body camera footage from responding officers
      • Cell phone videos or surveillance footage from nearby businesses

      One challenging aspect of assault cases is witness cooperation. In many cases, especially domestic situations, witnesses may become reluctant to testify or may change their accounts of what happened. Tarrant County prosecutors have strategies for proceeding even with uncooperative witnesses, including introducing prior statements under certain exceptions to hearsay rules.

      Effective Defense Strategies for Arlington Assault Cases

      Several defense strategies prove effective in Tarrant County assault cases:

      • Self-defense – Texas law provides strong protection for those who reasonably defend themselves
      • Defense of others – Similar to self-defense, but protecting another person
      • Defense of property – In limited circumstances, reasonable force to protect property
      • Consent – If the other person agreed to the contact (such as in sporting activities)
      • Lack of intent – Showing the contact was accidental rather than intentional
      • Factual disputes – Challenging the alleged victim’s version of events

      In a recent case involving an incident near AT&T Stadium, surveillance video contradicted the complainant’s account, showing that our client had actually been defending himself against aggression. This evidence was crucial in having the charges dismissed.

      Diversionary Programs for Assault Cases in Tarrant County

      Tarrant County offers several diversionary programs that may be available for certain assault defendants:

      • First Offender Program for eligible defendants without prior criminal history
      • Deferred prosecution options that focus on counseling and anger management
      • Specialized domestic violence intervention programs
      • Veterans Court programs for eligible service members and veterans

      These programs typically involve:

      • Regular court check-ins
      • Counseling services
      • Compliance with protective orders if applicable
      • Community service
      • Anger management or domestic violence intervention programs

      For Arlington residents facing first-time assault charges without aggravating factors, these programs can provide pathways to case dismissal and eligibility for later expunction of records.

      FAQ: Common Questions About Assault Cases in Arlington

      Q: Can assault charges be dropped if the victim doesn’t want to press charges? 

      A: While the victim’s wishes are considered, the Tarrant County District Attorney’s Office makes the final decision on whether to prosecute. In domestic violence cases particularly, prosecution may continue even against the victim’s wishes.

      Q: How do protective orders work in Tarrant County? 

      A: Protective orders can prohibit contact with the alleged victim, require you to stay away from certain locations, affect child custody arrangements, and even impact your right to possess firearms. Violations of protective orders can result in additional criminal charges.

      Q: Will I go to jail for a first-time assault charge in Arlington? 

      A: Not necessarily. For first-time simple assault cases without aggravating factors, probation or deferred adjudication is often possible. However, cases involving serious injuries, weapons, or domestic violence may result in jail time.

      Q: How long will an assault case take to resolve in Tarrant County? 

      A: Simple assault cases typically take 3-6 months, while more complex cases involving aggravating factors may take 6-12 months or longer. Early intervention by an experienced attorney can sometimes expedite this process.

      Contact Deandra Grant Law for Help With Your Arlington Case

      If you’re facing DWI, drug possession, assault charges, or other criminal matters in Arlington, navigating Tarrant County’s complex legal system requires experienced guidance. At Deandra Grant Law, we understand the specific nuances of Arlington’s legal landscape, from local court procedures to law enforcement practices that can significantly impact your case. Our experience with Tarrant County prosecutors and judges provides invaluable insight when building your defense strategy. Contact us today through our website to schedule a consultation and take the first step toward protecting your rights and future in Arlington and Tarrant County.

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