Texas has not legalized marijuana. It has not decriminalized it. But since 2019, prosecuting a marijuana case in Texas has become scientifically more complicated than it used to be and understanding why is essential for anyone arrested with cannabis in this state. The short version: marijuana and hemp are the same plant. The legal distinction […]
Most people facing a family violence assault charge assume the gun rights question only applies to felonies. It does not. A misdemeanor family violence conviction in Texas can cost you your right to possess a firearm under both Texas and federal law and the two legal systems impose different restrictions, different timelines, and different definitions […]
Being accused of sexual assault is one of the most frightening and isolating experiences a person can face. The accusation alone, before any investigation, before any charges, before anyone has heard your side, can upend your life. Your reputation, your relationships, your career, and your freedom are all at stake from the moment the words […]
Stalking is a felony in Texas. It does not require physical contact. It does not require a threat of violence. It does not require that the defendant and the alleged victim have any prior relationship. Under Penal Code §42.072, a person commits stalking by engaging in a course of conduct directed at a specific person […]
On December 29, 2024, Brianna Longoria (a California woman in Phoenix for her wedding) was pulled over, arrested for DUI, and booked into jail. Her breathalyzer result: triple zeros. Her blood test: zero alcohol, zero drugs. The red light violation that justified the stop: later voided by the arresting officer herself after reviewing body camera […]
By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist The question: Can I refuse a breath test in Texas? The short answer: Yes. You can legally refuse a breath test in Texas after a DWI arrest, but refusal carries consequences under the state’s implied consent law including an automatic driver’s license suspension and the […]
By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist The question: Can a DWI blood test be wrong? The short answer: Yes. Blood alcohol and blood drug testing is presented to juries as the gold standard of forensic evidence, but every step between the needle and the laboratory report is a potential source of […]
By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist The question: How accurate is the breathalyzer in Texas? The short answer: Less accurate than the prosecution will tell the jury. Texas uses the Intoxilyzer 9000, an infrared breath testing instrument that produces a single number presented in court as a blood alcohol concentration. That […]
The question: What is a SCRAM device? The short answer: A SCRAM device is a tamper-resistant ankle bracelet that continuously monitors the wearer’s skin for alcohol consumption. Texas courts order SCRAM monitoring as a condition of bond or probation in many DWI cases, and the device automatically reports any detected drinking — along with tamper […]
For decades, a grainy surveillance clip or a damning social-media video was close to game-over for the defense. Juries tend to believe what they can see and hear. But artificial intelligence has changed the math. Today, a convincing fake voicemail can be produced in minutes. A face can be swapped into a bar fight. A […]