• Federal Sentencing Guidelines in Firearms Cases

    A Federal Criminal Sentencing Example The United States Sentencing Guidelines (USSG) was an attempt to reach the goal of consistent sentencing among the 94 federal districts. In other words, the United States Guideline Commission was established to try to ensure that persons sentenced in Georgia were punished similarly to persons punished in Washington State for the same offense.

    Benson Varghese/ Fort Worth Criminal Defense Attorney- 18 readers -
  • When are Body Cavity Searches Legal in Texas?

    The Fourth Amendment of the United States Constitution establishes the right to be free from unreasonable searches and seizures. Except for certain well- delineated exceptions, the Fourth Amendment prohibits law enforcement officers from conducting searches without a search warrant. Recent incidents involving body cavity searches have prompted concerns about the lack of polici ...

    Benson Varghese/ Fort Worth Criminal Defense Attorney- 18 readers -
  • Occupational Licenses in Texas

    FAQs about Occupational Driver Licenses in Texas Our attorneys regularly help individuals obtain occupational licenses. In most cases, we are able to do this without the client showing up to court. What is an occupational driver license in Texas? An occupational driver license or “occupational license” is a judicially-issued permit to drive a vehicle in Texas after a person’s li ...

    Benson Varghese/ Fort Worth Criminal Defense Attorney- 19 readers -
  • Witness Testimony by Skype in Criminal Cases

    Can the prosecution call a witness by Skype video conference? The Quick Answer on Using Video Conferencing Outside of the special rules that apply to child victims, in order for the prosecution to call a witness by Skype video conference, the prosecution must be able to show exceptional circumstances that warrant a departure from the preference for in-person testimony.

    Benson Varghese/ Fort Worth Criminal Defense Attorney- 20 readers -
  • Tarrant County DWI Court

    Tarrant County DWI Court Judge Deborah Nekhom, the presiding judge over County Criminal Court Number Four in Tarrant County, has successfully established a DWI Court in Tarrant County. A DWI Court is designed to prevent high-risk high-needs individuals from reoffending. A misdemeanor DWI Court focuses on identifying and treating individuals that might otherwise continue to drin ...

    Benson Varghese/ Fort Worth Criminal Defense Attorney- 30 readers -
  • Judicial Clemency in Texas

    What is Judicial Clemency? One of the least discussed areas of criminal law in Texas a judge’s power to set aside certain straight probation sentences. (Click here to read about the differences between “straight probation” and deferred adjudication.) Article 42.12, Section 20 of the Texas Code of Criminal Procedure sets out the legal basis for “judicial clemency.

    Benson Varghese/ Fort Worth Criminal Defense Attorney- 34 readers -
  • Is it illegal to leave a child alone at home or in a car?

    Can I get in trouble for leaving my child alone at home or in the car? Depending on the circumstances, a person may be charged with Abandoning a Child, Endangering a Child, or Leaving a Child in a Vehicle. Abandoning and Endangering are both felony offenses and they apply to offenses involving children under the age of 15. Leaving a Child in a Vehicle applies children who are under the age of 7.

    Benson Varghese/ Fort Worth Criminal Defense Attorney- 12 readers -
  • What is “operation” of a vehicle for Texas DWIs?

    Can you avoid a DWI in Texas by sleeping it off in your car? When most people think of Driving While Intoxicated as an offense in Texas, they think of exactly that: a person driving a vehicle while they are intoxicated. The term “DWI” is somewhat of a misnomer in Texas. A person does not have to “driving” a vehicle in order to be charged with driving while intoxicated.

    Benson Varghese/ Fort Worth Criminal Defense Attorney- 23 readers -
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