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Waco DWI and Criminal Defense Lawyers

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

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    Waco DWI and Criminal Defense Lawyers

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

    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

      "Deandra Grant made a tough situation so much better. She listened to my concerns and helped me so much with my case. I would recommend her to anyone needing legal services."

      - M. Haley

      "Deandra Grant Law handled my case with diligence and professionalism. Deandra Grant's reputation is stellar and now I know why. She has a team of individuals who provide quality service."

      - N. Coulter

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      A Fighting Team On Your Side

      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

      Managing Partner

      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

      Of Counsel

      DWI Book BG

      Texas DWI Manual
      By Attorney Deandra Grant

      Fighting DWI charges can present many challenges, not only for the defense, but prosecutors as well. This is why it is important to be armed with the necessary knowledge so you understand the DWI process.

      Attorney Deandra M. Grant is the co-author of the Texas DWI Manual, offering legal advice to both clients and fellow attorneys.

      Learn More

      Waco Office

      Woolworth Office Building,
      605 Austin Ave.,
      Suite 5

      Waco, TX 76710

      Waco DWI and Criminal Defense Lawyers

      Empathetic Support and Robust Defense for Your Legal Needs

      If you’ve found yourself on this page, it’s likely that you’re in a situation that’s causing you immense concern about your future. Whether it’s a DWI charge or a criminal offense, the weight of these circumstances can be overwhelming. At Deandra Grant Law, we understand the stress and uncertainty that comes with being arrested for a DWI or facing criminal charges. Our Waco DWI and Criminal Defense Lawyers are here to provide you with the experienced legal representation you deserve during this challenging time.

      Deandra Grant Law Helps Residents Across Texas with Criminal and DWI Defense – Including: Allen, Austin, Arlington, 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, and Weatherford.

      Welcome to Waco: Understanding Your Legal Rights

      If you’re facing legal challenges in Waco, Texas, you’re not alone. Nestled along the Brazos River in the heart of McLennan County, Waco is home to approximately 140,000 residents who navigate the same legal system you’re encountering now. From the bustling downtown area near the iconic Magnolia Market to the neighborhoods around Baylor University, our legal team has helped countless Waco residents through difficult legal situations.

      When you’re dealing with charges like DWI, drug possession, or assault, the legal process can feel overwhelming and confusing. The local court system in McLennan County has specific procedures and nuances that can significantly impact your case. Whether your case might be heard at the McLennan County Courthouse on Washington Avenue or you’re dealing with the Waco Municipal Court, having someone who understands these local institutions makes all the difference.

      We know that every case is unique, especially when it involves complex issues like blood or breath testing in DWI cases or the serious implications of charges involving accidents or injuries. The good news is that you don’t have to figure it all out by yourself. The legal system in Waco and throughout McLennan County provides protections and rights for every defendant, and we’re here to help you understand and exercise those rights.

      As we explore different legal topics relevant to Waco residents, remember that early legal intervention often leads to better outcomes. Let’s walk through some of the most common legal situations Waco residents face and how an experienced defense attorney can help.

      Blood Testing in DWI Cases in Waco

      How Blood Tests Work in McLennan County DWI Cases

      When you’re pulled over in Waco under suspicion of driving while intoxicated, law enforcement officers might request a blood sample to determine your blood alcohol concentration (BAC). Unlike some counties in Texas, McLennan County has specific protocols for blood draws in DWI cases. These tests typically happen at local medical facilities like Baylor Scott & White Medical Center or Ascension Providence Hospital, where trained professionals conduct the draw.

      The process can feel intimidating, but understanding it helps reduce some of that stress. Here’s what typically happens during a blood test in Waco:

      • First, an officer must have probable cause to believe you’re intoxicated
      • They’ll read you the statutory warning about refusing tests
      • If you consent (or if they obtain a warrant), you’ll be taken to a medical facility
      • A qualified technician will draw your blood using sterilized equipment
      • The sample is sealed, labeled, and sent to a lab for analysis

      Many people don’t realize that blood tests aren’t perfect. There are several factors that can affect their reliability:

      • Improper storage can contaminate samples
      • Chain of custody issues may raise doubts about sample integrity
      • Blood fermentation can artificially increase alcohol content
      • Certain medical conditions can affect results
      • Laboratory errors happen more often than most people think

      Your Legal Rights During Blood Testing Procedures

      It’s crucial to know your rights when facing a blood test in Waco. Local law enforcement must follow strict procedures, and any deviation could affect your case.

      1. You initially have the right to refuse a blood test (though refusal has consequences)
      2. Officers must obtain a warrant if you refuse (except in certain emergency situations)
      3. Only qualified personnel can draw your blood
      4. You have the right to independent testing of the blood sample
      5. You can challenge the results through expert testimony

      A recent case in McLennan County involved a defendant whose blood test results were thrown out because the officer failed to obtain a proper warrant before the blood draw. This demonstrates how procedural errors can significantly impact your case outcome.

      Defending Against Blood Test Evidence in Waco Courts

      I recently worked with a client in Waco who was charged with DWI based on a blood test showing a BAC of 0.09%. After investigating the case, we discovered that the blood sample had been improperly stored for several hours before testing. This raised serious questions about the reliability of the results, and ultimately led to a favorable resolution for my client.

      When defending against blood test evidence in McLennan County courts, experienced attorneys look for several potential issues:

      • Was the traffic stop legal in the first place?
      • Did officers have probable cause for the arrest?
      • Was the warrant (if used) valid and specific?
      • Were proper blood draw procedures followed?
      • Was the sample properly stored and transported?
      • Is there a documented chain of custody?
      • Was the testing equipment properly calibrated?
      • Was the technician qualified to conduct the analysis?

      If any of these aspects can be successfully challenged, it could lead to suppression of the blood test evidence or even dismissal of your case.

      Breath Testing in DWI Cases in Waco

      Understanding the Intoxilyzer 9000 in McLennan County

      When you’re pulled over in Waco for suspected DWI, you might be asked to take a breath test, typically using the Intoxilyzer 9000 – the standard device used throughout McLennan County. This machine, found at the McLennan County Jail and sometimes in mobile units during special enforcement periods like holiday weekends or after Baylor games, measures the concentration of alcohol in your breath.

      But how exactly does this machine work? The Intoxilyzer uses infrared spectroscopy to detect alcohol molecules in your breath. When you blow into the device:

      • The machine captures your breath in a sample chamber
      • Infrared light passes through your breath sample
      • Alcohol molecules absorb some of this light
      • The device measures how much light is absorbed
      • It calculates your BAC based on this absorption

      Unlike some neighboring counties that might use older models, McLennan County implemented the Intoxilyzer 9000 in recent years. While this is considered more accurate than older versions, it’s still not perfect.

      Common Problems with Breath Testing Accuracy

      Despite what officers might tell you, breath testing devices have significant limitations. In fact, several cases in Waco have been dismissed due to breath test reliability issues. Here’s what can affect your results:

      1. Rising BAC – If you had a drink shortly before driving, your BAC might still be rising when tested
      2. Mouth alcohol – Recent mouthwash use, burping, or acid reflux can artificially inflate results
      3. Medical conditions – Diabetes, certain diets, and respiratory issues can cause false readings
      4. Environmental factors – Radio frequency interference near Liberty Hall or other downtown areas can affect readings
      5. Operator error – Not all Waco officers are equally trained on proper testing procedures

      In one case near Lake Waco, a client’s breath test showed 0.10%, but we discovered the officer hadn’t observed the required 15-minute waiting period before administering the test. This waiting period is crucial to ensure mouth alcohol doesn’t interfere with results.

      Your Rights and Defense Strategies for Breath Tests

      When facing breath testing in Waco, you have specific rights you should be aware of:

      • You can refuse to take a roadside preliminary breath test (though this may lead to arrest)
      • You have the right to contact an attorney after arrest before deciding on the evidential breath test
      • You can request a blood test instead (or in addition to) the breath test
      • You’re entitled to a hearing to contest any license suspension from test refusal

      Some effective defense strategies against breath tests in McLennan County include:

      • Challenging the initial traffic stop on Waco Drive, Valley Mills, or other common DWI enforcement areas
      • Questioning whether proper observation periods were followed
      • Investigating the maintenance and calibration records of the specific Intoxilyzer used
      • Examining the certification and training of the officer who administered the test
      • Presenting evidence of medical conditions that could affect results

      When to Challenge Breath Test Results

      If you’ve been charged with DWI in Waco based on breath test results, it’s essential to have those results evaluated by an attorney familiar with local testing procedures. Factors that often lead to successful challenges include:

      • Test results close to the legal limit (0.08%)
      • Inconsistent behavior compared to test results
      • Documentation of medical conditions that may affect testing
      • Evidence of proper food consumption and hydration
      • Witnesses who can testify to your behavior before driving

      Remember, McLennan County prosecutors rely heavily on breath test evidence, but these tests are far from infallible.

      Second Offense DWI in Waco

      Enhanced Penalties in McLennan County

      Facing a second DWI charge in Waco changes everything. While a first offense is serious, McLennan County takes repeat offenses particularly seriously. The local District Attorney’s office has a special protocol for handling second offenses that can significantly impact your case.

      When you’re charged with a second DWI in Waco, you’re looking at:

      • Class A misdemeanor charges (up from Class B for first offenses)
      • Potential jail time of 30 days to 1 year in McLennan County Jail
      • Fines up to $4,000 (plus court costs and probation fees)
      • Driver’s license suspension for 180 days to 2 years
      • Potential ignition interlock device requirement for any vehicles you drive
      • Mandatory DWI education and intervention programs
      • Significantly higher insurance premiums

      The McLennan County courts typically impose harsher sentences than the minimum, especially if your previous conviction was recent or if your BAC was well above the legal limit.

      How Prior Convictions Impact Your Case

      In Texas, prior DWI convictions stay on your record permanently for enhancement purposes. This means a DWI from 20 years ago in Waco or anywhere else in Texas can still count toward enhancing a current charge. Here’s how prior convictions affect your current case:

      1. Prosecutors in McLennan County will research your criminal history thoroughly
      2. The “look-back” period for enhancements is unlimited in Texas
      3. Out-of-state DWI convictions can also count as prior offenses
      4. Previous probations that were successfully completed still count as convictions
      5. Deferred adjudication is not available for DWI in Texas

      It’s worth noting that the McLennan County District Attorney’s office has access to nationwide databases and will find prior convictions, even from other states or from years ago.

      Specialized Defense Strategies for Repeat Offenders

      When defending second DWI cases in Waco, we look at several angles that might not be applicable in first-offense cases:

      • Challenging the admissibility of the prior conviction
      • Examining whether your rights were protected in the previous case
      • Investigating gaps in the prosecution’s evidence linking you to the prior offense
      • Negotiating for treatment alternatives available through McLennan County’s specialty courts
      • Exploring whether the prior conviction was actually for DWI or for a different offense

      For example, I had a client in Waco whose “prior conviction” turned out to be a reckless driving plea from another county that was miscoded in the system. By obtaining the court records and presenting them to the prosecutor, we were able to have the charge reduced to a first offense.

      McLennan County’s DWI Court Program

      For second-time offenders in Waco, McLennan County offers a specialized DWI Court program that can provide an alternative to traditional prosecution. This intensive supervision program includes:

      • Regular court appearances before a designated judge
      • Substance abuse counseling and treatment
      • Random alcohol and drug testing
      • Regular meetings with probation officers
      • Educational requirements

      Successfully completing this program can lead to reduced penalties and, more importantly, address underlying issues that might lead to future offenses. The program is located near the McLennan County Courthouse and has shown promising results in reducing recidivism rates among participants.

       

      Felony DWI in Waco

      When DWI Becomes a Felony in McLennan County

      In Waco and throughout McLennan County, a DWI charge can escalate to a felony under certain circumstances. Understanding these situations is crucial if you’re facing potential felony charges.

      A DWI becomes a felony in McLennan County when:

      • It’s your third or subsequent DWI offense
      • You have a child passenger under 15 years old in the vehicle
      • Your DWI causes serious bodily injury to another person (intoxication assault)
      • Your DWI results in someone’s death (intoxication manslaughter)

      The McLennan County District Attorney’s office takes these cases extremely seriously, often assigning their most experienced prosecutors to handle them.

      The Legal Process for Felony DWI Cases

      The process for felony DWI cases in Waco differs significantly from misdemeanor cases:

      1. After arrest, cases are typically presented to a grand jury at the McLennan County Courthouse
      2. If indicted, you’ll have arraignment in one of the district courts on Washington Avenue
      3. Pre-trial hearings follow, where evidence challenges and motions can be filed
      4. Plea negotiations may occur throughout the process
      5. If no plea agreement is reached, the case proceeds to trial in district court

      This process can take significantly longer than misdemeanor cases, often stretching 6-18 months from arrest to resolution. During this time, you may be subject to bond conditions like alcohol monitoring or regular check-ins with pretrial services in downtown Waco.

      Potential Consequences and Long-term Impacts

      The stakes for felony DWI in Waco are extremely high:

      • For a third DWI: 2-10 years in state 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 in McLennan County will affect:

      • Your voting rights (temporarily)
      • Your ability to own firearms
      • Your eligibility for certain professional licenses
      • Your employment opportunities
      • Your housing options
      • Your qualification for certain government benefits

      Defense Approaches for Felony DWI Charges

      Defending felony DWI cases in Waco requires specialized strategies:

      • Thoroughly investigating the evidence of intoxication
      • Challenging the validity of prior convictions used for enhancement
      • Questioning the chain of custody for blood evidence
      • Examining accident reconstruction reports in cases involving injuries
      • Bringing in expert witnesses to counter prosecution testimony

      In one recent McLennan County case, we were able to get a felony DWI reduced to a misdemeanor by demonstrating problems with how the prior convictions were being used for enhancement. The prosecution couldn’t properly prove one of the prior convictions belonged to our client due to inconsistencies in the identification information.

      For defendants with substance abuse issues, we sometimes work toward getting them admitted to the McLennan County Substance Abuse Treatment Facility as an alternative to traditional incarceration. This facility, located just outside Waco, provides intensive treatment while still addressing the serious nature of felony charges.

      DWI with Accident in Waco

      Legal Implications of Accidents in DWI Cases

      When a DWI involves an accident in Waco, the legal landscape becomes significantly more complex. McLennan County prosecutors take these cases particularly seriously, especially when they occur in high-traffic areas like Valley Mills Drive, Waco Drive, or near Baylor University.

      The accident element changes your case in several important ways:

      • It typically provides officers with clear probable cause for investigation
      • It creates additional evidence (vehicle damage, accident reports, witness statements)
      • It may involve multiple law enforcement agencies (Waco PD, McLennan County Sheriff, Texas DPS)
      • It often leads to enhanced charges depending on the severity of the accident
      • It can trigger mandatory blood draws under certain circumstances

      In Waco, even minor accidents can transform a standard DWI into a much more challenging case as local law enforcement agencies have protocols for thoroughly documenting all accidents where intoxication is suspected.

      Understanding Accident Investigation Procedures

      When a DWI accident occurs in Waco, here’s what typically happens:

      1. Multiple officers respond to the scene – patrol officers and possibly a specialized accident investigation team
      2. They document the scene with photographs, measurements, and witness statements
      3. If injuries are present, emergency medical services from Waco Fire Department or private ambulance services respond
      4. Officers look for signs of intoxication and conduct field sobriety tests if possible
      5. In serious accidents, reconstruction specialists may be called to the scene
      6. Officers typically seek blood samples, either through consent or warrant

      The Waco Police Department has accident reconstruction specialists who use sophisticated techniques to determine factors like speed, point of impact, and driver actions before the crash. Their reports become crucial evidence in your case.

      Addressing Civil Liability Alongside Criminal Charges

      One often overlooked aspect of DWI accidents in Waco is the potential for civil liability alongside your criminal case. This can include:

      • Property damage claims from other drivers or property owners
      • Personal injury claims from passengers or other drivers
      • Potential lawsuits that can continue long after your criminal case concludes
      • Insurance complications that may affect your coverage
      • Possible restitution orders as part of your criminal sentence

      I recently represented a client involved in a DWI accident near Cameron Park who was facing both criminal charges and a civil lawsuit. By coordinating defense strategies across both cases, we were able to reach resolutions that minimized the overall impact on his life and finances.

      Defense Strategies for DWI Accident Cases

      When defending DWI accident cases in McLennan County, we focus on several key areas:

      • Questioning whether the accident actually resulted from intoxication
      • Examining road conditions, especially during Waco’s severe weather events
      • Investigating whether other drivers contributed to the accident
      • Analyzing accident reconstruction reports for errors or assumptions
      • Determining if proper procedures were followed in collecting evidence

      For instance, in a case near Lake Waco, police initially blamed my client for an accident, but our investigation revealed that the other driver ran a stop sign. This significantly changed both the criminal case and the civil liability picture.

      FAQ: Common Questions About DWI Accident Cases in Waco

      Q: Will my insurance cover damages if I’m convicted of DWI with an accident? 

      A: Most insurance policies in Texas have exclusions or limitations for damages caused while intoxicated. This is why legal representation is crucial – a successful defense or reduction of charges may affect your insurance coverage.

      Q: Can I be charged even if the accident was minor with no injuries? 

      A: Yes. In McLennan County, even a minor fender bender can lead to DWI charges if officers believe you were intoxicated. In fact, the Waco Police Department investigates all accidents where intoxication is suspected, regardless of severity.

      Q: What if the accident wasn’t my fault but I was over the legal limit? 

      A: You can still face DWI charges even if another driver caused the accident. However, this fact can be important for your defense strategy and may impact how the case proceeds.

      Q: Will I lose my license immediately after a DWI accident? 

      A: Possibly. If you refuse testing or test over the limit, an administrative license suspension process begins separately from your criminal case. This is where having legal representation early becomes essential.

      DWI with Death in Waco

      Understanding Intoxication Manslaughter Charges

      When a DWI incident in Waco results in a fatality, the charge becomes intoxication manslaughter – one of the most serious offenses in the Texas Penal Code. McLennan County prosecutors handle these cases with the utmost severity, often assigning their most experienced attorneys to pursue conviction.

      Intoxication manslaughter is charged when:

      • A person operates a motor vehicle while intoxicated
      • They cause an accident due to that intoxication
      • The accident results in someone’s death
      • There is a direct causal connection between the intoxication and the death

      Unlike some other states, Texas doesn’t require intent to harm or extreme recklessness – simply driving while intoxicated and causing a death is sufficient for this second-degree felony charge.

      The local courts in McLennan County, particularly at the district court level where these cases are tried, treat these cases with appropriate gravity, often setting high bonds and strict pretrial conditions.

      McLennan County’s Approach to Fatal DWI Cases

      The approach to these cases in Waco and McLennan County has several distinctive elements:

      • The McLennan County District Attorney’s Office typically assigns a team of prosecutors
      • Cases receive priority handling and resources
      • The Waco Police Department’s specialized accident reconstruction team conducts thorough investigations
      • Prosecutors often seek maximum penalties, especially in cases with aggravating factors
      • Victim impact becomes a central focus of both investigation and prosecution

      Recent cases near Baylor University and along I-35 have demonstrated the thoroughness of these investigations, with officers collecting evidence ranging from surveillance footage from local businesses to detailed toxicology analyses and accident reconstruction reports.

      Legal Defense in Fatal DWI Incidents

      Defending intoxication manslaughter cases in Waco requires a multifaceted approach:

      1. Thorough independent investigation of the accident scene and circumstances
      2. Careful analysis of blood or breath 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 near Hewitt, we were able to demonstrate that a manufacturing defect in the other vehicle’s tires was the primary cause of the fatal accident, not our client’s alleged intoxication. This significantly affected how the case was ultimately resolved.

      Coping with the Emotional and Legal Challenges

      These cases are devastating for everyone involved – the deceased’s family, the defendant, and the broader community. In McLennan County, there are several aspects of these cases that require special attention:

      • Victim’s families often attend court proceedings at the McLennan County Courthouse
      • Media coverage from local outlets like KWTX and the Waco Tribune-Herald can be extensive
      • Community sentiment can affect the jury pool
      • The emotional toll on defendants can impact their ability to participate in their defense

      We take a compassionate approach that acknowledges the tragedy while still providing vigorous defense. This might include:

      • Working with local mental health professionals to support our clients
      • Engaging in appropriate community service initiatives
      • Exploring restorative justice approaches when appropriate
      • Developing a comprehensive approach to both legal defense and personal redemption

      In one particularly challenging case in downtown Waco, our client participated in a alcohol awareness program at local schools while his case was pending. While this didn’t directly affect his legal case, it demonstrated his remorse and commitment to preventing similar tragedies.

      Frequently Asked Questions for Those Recently Arrested in Waco, TX

      After an arrest, remain calm and invoke your right to remain silent. Ask for an attorney immediately. Avoid making any statements without your attorney present.

      An attorney can provide legal guidance, protect your rights, and build a strong defense strategy. They can negotiate on your behalf, analyze evidence, and work towards a positive outcome.

      It’s generally wise to wait for your attorney before speaking to the police. Anything you say can be used against you, and an attorney can guide your interactions.

      Typically, you must be brought before a judge within 48 hours of arrest. However, weekends and holidays might extend this period.

      Yes, you can post bail to secure your release. The amount depends on the charges. You can pay the full amount or use a bail bondsman.

      You have the right to remain silent, the right to an attorney, and the right to a fair trial. These rights are crucial to protect yourself legally.

      Consequences can vary greatly depending on the charges and your criminal history. They might include fines, probation, jail time, or more severe penalties for felonies.

      Yes, if you’re charged with a crime, you’ll generally have to appear in court. An attorney will represent you and guide you through the process.

      Certain offenses might be eligible for expungement or record sealing under specific circumstances. Consult an attorney to understand your options.

      Research attorneys with experience in criminal defense. Look for reviews, qualifications, and a solid track record. A free consultation can help you assess compatibility.

      Drug Possession in Waco

      McLennan County’s Approach to Drug Crimes

      Waco and McLennan County have developed specific approaches to drug possession cases that differ somewhat from other parts of Texas. The local enforcement priorities and prosecution strategies reflect both statewide trends and local concerns.

      Drug enforcement in Waco focuses on several key areas:

      • Interstate 35 corridor stops by the McLennan County Sheriff’s Department
      • Downtown Waco and areas around Baylor University
      • Neighborhoods in East Waco and North Waco that have historically seen higher drug activity
      • Multi-agency task force operations targeting specific drugs like methamphetamine

      The McLennan County District Attorney’s Office has created specialized units for drug prosecution, with different approaches based on the substance and quantity involved. Simple possession cases might be handled differently than those involving distribution quantities or certain substances of particular concern.

      Understanding Drug Classification and Penalties

      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, other 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

      In Waco, we’ve observed that the District Attorney’s office tends to prosecute Group 1 substances particularly aggressively, while some marijuana cases (especially smaller amounts) might be handled with more flexibility.

      Search and Seizure Issues in Waco Drug Cases

      One of the most effective defense strategies in drug possession cases involves challenging the legality of the search that discovered the drugs. In Waco, common search scenarios include:

      1. Traffic stops, particularly along I-35, Highway 6, and other major thoroughfares
      2. Residential searches based on warrants or consent
      3. “Stop and frisk” encounters in certain neighborhoods
      4. K-9 unit deployments at traffic stops

      The Waco Police Department and McLennan County Sheriff’s Department must follow constitutional requirements when conducting searches. We frequently find issues with:

      • Stops made without reasonable suspicion
      • Searches extended beyond their proper scope
      • Warrant applications based on questionable information
      • Consent obtained through misleading or coercive tactics

      In a recent case near Lake Shore Drive, we successfully argued that a Waco police officer improperly extended a routine traffic stop to allow time for a K-9 unit to arrive. The evidence found during the subsequent search was suppressed, leading to dismissal of the charges.

      Diversion Programs and Alternative Sentencing

      McLennan County offers several programs that can provide alternatives to traditional prosecution for drug possession cases:

      • First-time offender programs for certain substances and quantities
      • Drug court programs providing supervision and treatment instead of incarceration
      • Pretrial diversion opportunities for qualified defendants
      • Deferred adjudication options that can ultimately leave you without a conviction

      These programs typically operate from the McLennan County Courthouse complex and involve specific requirements like:

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

      For example, a recent client facing possession charges after being arrested near Cameron Park was able to enter a diversion program that, upon successful completion, resulted in dismissal of his case and the opportunity for later expunction of the arrest record.

      Assault Charges in Waco

      Types of Assault Charges in McLennan County

      Assault charges in Waco can take several forms, each with different elements and potential penalties. The McLennan County prosecutors handle these cases based on their specific classifications:

      Simple Assault:

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

      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 location of the alleged assault in Waco can sometimes affect how the case proceeds. Incidents in entertainment districts like those along Austin Avenue or near Baylor University often have multiple witnesses, while domestic incidents in residential areas might have limited external evidence.

      Domestic Violence Cases in Waco Courts

      McLennan County takes domestic violence cases particularly seriously, with specialized protocols and resources:

      • The Family Abuse Center works closely with law enforcement and prosecutors
      • A dedicated domestic violence unit within the District Attorney’s office
      • Special bond conditions often including protective orders
      • Mandatory arrest policies when officers observe injuries
      • Specific counseling and intervention programs

      It’s important to understand that in Waco, like many jurisdictions, domestic violence cases can proceed even if the alleged victim later decides they don’t want to press charges. The prosecutors make the final decision on whether to pursue these cases.

      Some unique aspects of domestic violence cases in McLennan County include:

      1. Emergency protective orders can be issued immediately following an arrest
      2. The county’s approach to family violence often integrates criminal proceedings with family court matters
      3. Specialized victim advocates from the Family Abuse Center assist complainants throughout the process
      4. Prosecutors are trained specifically in handling recanting or reluctant witnesses

      Evidence Collection and Witness Issues

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

      • Photographs of injuries taken by Waco PD or McLennan County Sheriff’s deputies
      • Medical records from facilities like Baylor Scott & White or Ascension Providence
      • Witness statements from bystanders or other family members
      • 911 call recordings
      • Body camera footage from responding officers
      • Cell phone videos or surveillance footage

      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. McLennan County prosecutors are experienced in dealing with these situations and have strategies for proceeding even with uncooperative witnesses.

      Defenses to Assault Charges in Waco

      Several defenses can be effective in Waco assault cases:

      • Self-defense – Texas has strong self-defense laws that may apply in many situations
      • 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 consented to the contact in question
      • 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 at a local Waco establishment, surveillance footage contradicted the complaining witness’s account of an unprovoked assault, showing instead that they had initiated the physical confrontation. This evidence was crucial in resolving the case favorably for our client.

      Whether your case involves an alleged bar fight on Franklin Avenue, a domestic dispute, or another type of assault allegation, understanding these specific defense strategies is essential to protecting your rights and future.

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      The Importance of Experienced Representation

      When you’re facing a DWI or criminal charge, your future is on the line. The legal system can be complex, and the consequences of a conviction can be severe, ranging from fines and probation to imprisonment. That’s why it’s crucial to have a dedicated team of Waco DWI and Criminal Defense Lawyers by your side to navigate the intricacies of the law and ensure your rights are protected.

      Comprehensive DWI Defense

      At Deandra Grant Law, we specialize in DWI defense and understand the nuances of various DWI charges. Our experience extends to a wide range of DWI cases, including:

      • BWI (Boating While Intoxicated): If you’re facing charges related to boating while intoxicated, our experienced team can help you build a strong defense tailored to your situation.
      • CDL DWI (Commercial Driver’s License DWI): Commercial drivers face unique challenges when charged with a DWI. We can guide you through the legal process and work towards minimizing the impact on your CDL.
      • Felony DWI: Felony DWI charges come with serious consequences. We have the knowledge and skills to create a strategic defense to protect your rights and future.
      • Hit and Run DWI: Being involved in a hit and run while under the influence can lead to severe penalties. Our team will vigorously defend your case and explore all available options.
      • Multiple DWIs: Repeat DWI offenses can result in harsher penalties. Our experienced attorneys will work to mitigate the consequences you’re facing.
      • Underage DWI: DWI charges for individuals under 21 require a specific approach. We have a deep understanding of the challenges that young individuals face in these situations.

      Effective Criminal Defense

      In addition to our extensive experience in DWI defense, we also provide robust representation for a variety of criminal charges, including but not limited to:

      • Drug Crimes: If you’re facing charges related to drug possession, distribution, or manufacturing, our legal team will vigorously defend your rights and explore potential defenses.
      • Murder: Being charged with murder is a serious matter that demands an aggressive defense strategy. Our experienced attorneys will carefully analyze the evidence and build a compelling case on your behalf.
      • Theft and Robbery: Charges related to theft and robbery can have severe consequences. Our team will examine the details of your case to craft a strong defense tailored to your situation.
      • White-Collar Crimes: Charges such as fraud, embezzlement, and other white-collar offenses require a strategic and thorough defense. Our skilled attorneys will work tirelessly to protect your reputation and future.

      Pursuing the Best Possible Results

      At Deandra Grant Law, our mission is to help you pursue a positive outcome for your DWI or criminal case. We understand that every case is unique, and we approach each one with a personalized strategy. Our Waco DWI and Criminal Defense Lawyers are dedicated to protecting your rights, exploring all available legal avenues, and ensuring that you receive the fair treatment you deserve.

      Contact Us for Experienced Defense

      If you’re facing a DWI or criminal charge in Waco, TX, don’t navigate the legal system alone. Turn to Deandra Grant Law for empathetic support, expert guidance, and a strong defense tailored to your situation. Our experienced Waco DWI and Criminal Defense Lawyers are here to stand by your side and fight for your rights. Reach out to us today for a confidential consultation to discuss your case and begin building a solid defense strategy. Your future is important to us, and we’re here to help you every step of the way.

      Navigating DWI Charges in Waco, TX: Potential Legal Consequences

      If you find yourself facing a DWI (Driving While Intoxicated) arrest in Waco, Texas, the road ahead can seem uncertain. At Deandra Grant Law, we understand the concerns that arise during such times and are here to provide clarity and expert guidance. The charges you might face after a DWI arrest can vary based on factors such as prior convictions, the specifics of the incident, and any aggravating circumstances. Here’s an overview of potential charges:

      1. DWI – First Offense: For a first-time DWI offense, you could be charged with a Class B misdemeanor. This charge may come with penalties that include a fine of up to $2,000, a license suspension, and possible jail time ranging from 72 hours to 180 days.

      2. DWI – Second Offense: Subsequent DWI offenses can result in more severe penalties. A second DWI offense is considered a Class A misdemeanor, and you could face fines of up to $4,000, an extended license suspension, and jail time ranging from 30 days to one year.

      3. Felony DWI: If you have two or more prior DWI convictions, a third DWI offense can be charged as a third-degree felony. Felony DWI charges carry weighty consequences, including fines up to $10,000, a license suspension, and potential incarceration ranging from two to ten years.

      4. Intoxication Assault: If your DWI leads to serious bodily injury of another person, you might face charges of intoxication assault. This is a third-degree felony with penalties that can include fines up to $10,000 and a prison sentence ranging from two to ten years.

      5. Intoxication Manslaughter: Tragically, if a DWI incident results in someone’s death, you could be charged with intoxication manslaughter. This is a second-degree felony with penalties of fines up to $10,000 and imprisonment ranging from two to 20 years.

      6. Child Endangerment: If you’re arrested for DWI with a child under 15 years old in the vehicle, you could face charges of child endangerment. This can lead to enhanced penalties on top of the DWI charges.

      7. Open Container Violation: Having an open container of alcohol in the passenger area of your vehicle, even without a DWI charge, can result in additional fines and penalties.

      These potential charges underscore the seriousness of DWI cases in Waco, TX. However, it’s important to remember that every case is unique. Consulting our experienced Waco DWI and Criminal Defense Lawyers from Deandra Grant Law is crucial to understanding your options and building a strong defense tailored to your circumstances.

      Seeking Legal Guidance: A Roadmap to Your Defense

      At Deandra Grant Law, our goal is to help you navigate the complexities of the legal system, offering a compassionate and expertly informed approach to DWI defense. We understand the challenges you’re facing and are committed to securing a positive outcome for your case. Contact us today for a free consultation and take the first step towards safeguarding your future.

      Facing Criminal Charges in Waco, TX: Navigating the Legal Landscape

      If you’re facing criminal charges in Waco, Texas, the path ahead might feel uncertain and overwhelming. At Deandra Grant Law, we’re dedicated to guiding you through this challenging time with expertise and compassion. The charges you might face after a criminal arrest in Waco can vary greatly based on the nature of the offense, your criminal history, and the circumstances of the case. Here’s a glimpse into potential charges:

      1. Assault Charges: Depending on the severity of the incident and any weapons involved, assault charges can range from Class C misdemeanor to aggravated assault charges, which can be a second-degree felony.

      2. Theft Offenses: Theft charges vary based on the value of the stolen property. They can range from Class C misdemeanor for low-value theft to felony charges for high-value theft.

      3. Drug Crimes: Charges for drug possession, distribution, or manufacturing can result in varying degrees of penalties based on the type and amount of the controlled substance.

      4. Burglary and Robbery: Depending on the intent and the presence of a weapon, burglary and robbery charges can range from state jail felony to first-degree felony.

      5. Homicide Charges: Homicide charges can include manslaughter or murder charges, depending on factors such as intent and the circumstances surrounding the death.

      6. White-Collar Crimes: Fraud, embezzlement, forgery, and identity theft charges can lead to penalties ranging from misdemeanors to felonies based on the severity of the offense.

      7. Sexual Offenses: Sexual assault charges can range from second-degree felony to higher charges based on the nature of the act and the victim’s age.

      8. Domestic Violence Charges: Assault or other charges related to domestic violence can carry varying penalties based on the severity of the altercation and the relationship between the parties.

      9. Weapons Offenses: Charges related to illegal possession or use of firearms or other weapons can result in penalties ranging from misdemeanors to felonies.

      10. Child-related Offenses: Charges involving child endangerment, abuse, or neglect can lead to serious legal consequences and potential loss of custody.

      11. DUI/DWI Charges: Charges related to driving under the influence of alcohol or drugs can lead to fines, license suspension, and potential jail time.

      These potential charges underscore the complexity of criminal cases in Waco, Texas. However, each case is unique, and it’s important to consult an experienced criminal defense attorney to understand the charges you’re facing and to build a tailored defense strategy.

      Guiding You Through the Legal Maze: Your Partner in Defense

      At Deandra Grant Law, we’re here to provide you with the knowledge and support you need during this challenging time. Our experienced Waco DWI and Criminal Defense Lawyers are dedicated to advocating for your rights and crafting a robust defense strategy. Contact us today for a free consultation and take the first step towards protecting your future.

      Your Beacon of Hope in Waco, TX: Reach Out to Deandra Grant Law Today

      If you find yourself facing the stormy seas of a DWI arrest or criminal charge in Waco, TX, know that you’re not alone. Deandra Grant Law stands as a lighthouse of legal expertise, ready to guide you through the tumultuous waters of the legal system. We understand the worries that come with these situations, and we’re here to offer clarity and unwavering support.

      Empower Yourself with Knowledge and Action

      When your future hangs in the balance, it’s essential to take the first step toward securing your rights and your peace of mind. Reach out to Deandra Grant Law for a free consultation to discuss your case. Our experienced Waco DWI and Criminal Defense Lawyers are dedicated to understanding the unique details of your situation and crafting a strategy tailored to your needs.

      A Dedicated Partner in Your Defense

      At Deandra Grant Law, we believe that everyone deserves a fair chance. We’re more than just lawyers; we’re your advocates, your confidants, and your partners in navigating the legal maze. Our commitment to your well-being drives us to tirelessly work toward achieving a positive outcome for your case.

      Your Future Matters: Pursuing the Best Possible Outcome

      When you partner with Deandra Grant Law, you’re not just hiring an attorney – you’re securing a dedicated team that will tirelessly fight for your rights. We meticulously analyze the details of your case, leaving no stone unturned. With a deep understanding of Waco’s legal landscape, we are equipped to provide the guidance and representation you deserve.

      Contact Deandra Grant Law Today

      Empower yourself with action. If you’re ready to face your legal challenges head-on, reach out to Deandra Grant Law. Our Waco DWI and Criminal Defense Lawyers are here to listen, to advise, and to advocate for you. Your future, your rights, and your peace of mind are our priorities. Don’t hesitate to take control of your narrative – contact us today.

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      “Deandra Grant Law handled my case with diligence and professionalism. Deandra Grant’s reputation is stellar and now I know why. She has a team of individuals who provide quality service.”

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