HOUSTON and PASADENA, TX CRIMINAL DEFENSE
With over a decade of experience, thousands of clients, and hundreds of criminal cases tried and won, Attorney James G. Rubin stands ready to help.
Driving While Intoxicated (DWI)
Driving while intoxicated (or DWI) is the operation of a motor vehicle in a public place while being intoxicated. The law regarding DWI is not contained in just one place. Instead, it is found in the Texas Transportation Code, Penal Code, and the Code of Criminal Procedure. Because of its complexity these cases require a great deal of attention to detail. An experienced DWI attorney must know proper blood and breath testing procedures, the proper administration of Standardized Field Sobriety Tests, calculating blood alcohol concentration at the time of driving, proper police procedures in obtaining search warrants, the legality of traffic stops, and a many other factors involved in a DWI investigation. Call today so we can thoroughly review your DWI case.
Domestic Violence & Assault
Assault family violence, commonly referred to as domestic violence, is violence or abuse by one person against another in a domestic setting. Under Texas Law, these types of violent acts are taken very seriously and carry many adverse consequences. For example, a conviction of an assault family violence charge can impact access to your children, opportunities for employment, and remain on your permanent record. If you are not a U.S. citizen, you are mandatorily deportable if you plead guilty or no contest to this type of charge. The Harris County District Attorney’s Office and Houston Police Department have specialized divisions dedicated to handle these matters. Hiring a lawyer to review the facts and circumstances surrounding an alleged assault is vital. Many times, these accusations are proved to be false; the accuser being motivated by some personal gain or outcome. In some instances, the investigating officers will be quick to render a decision without thoroughly reviewing the situation at hand. Call today so that we can review your case and devise a strategy an obtaining a dismissal or strong legal defense.
Our laws prohibit the possession of certain classified drugs. Possession of illegal drugs such as marijuana depends on whether one knowingly “possessed” the illegal substance and/or whether the officer who found the drugs had a right to search and seize it. Possession does not necessarily mean physical possession of the illegal substance. Because of these factors proving a drug case can fall squarely on the facts and procedure followed by the arresting officer. An experienced attorney must thoroughly review the facts to determine whether possession can be proved or if the officer had a right to search and seize the drugs found. If your rights are violated, all the evidence against cannot be used resulting in a dismissal of your case. Call us today so we can review yours.
Generally speaking theft is the taking of property from another without their effective consent. While some consider it a victimless crime, the ramifications of a theft conviction are severe and one of the worst types of charges to have on your record. Theft is a crime of moral turpitude and as such can considerably hamper any future job opportunities or admissions to schools of higher education. Employers and Admission Committees typically eliminate candidates with theft convictions. The ultimate goal is to prevent the charge from appearing on one’s permanent record; which under certain circumstances, is possible. We have a strong record of helping those accused of theft and look forward in helping you in yours.
Misdemeanors are crimes punishable by jail time and/or fine. These crimes are classified as either Class A, Class B, or Class C misdemeanors. The classification depends on the violation you are accused of but generally speaking the classes are broken down as follows:
Class A: Punishable up to 365 days in jail and/or a maximum fine of $4000.
Class B: Punishable up to 180 days in jail and/or a maximum fine of $2000.
Class C: Punishable by fine only.
The list of crimes on this website are some of the misdemeanor charges we represent but it is not an exhaustive list. Other common misdemeanor charges we represent are evading arrest, criminal trespass, criminal mischief, drug paraphernalia, and many more. Nobody can afford to have a misdemeanor on their record so call today to review yours.
Probation Revocation & Deferred Adjudication
Motions to revoke probation and motions to adjudicate are special types of hearings where the accused has entered into a plea agreement with the District Attorney’s Office for an underlying charge but are alleged to have violated certain conditions as part of that plea agreement. Those that enter into such agreements hope to have their charges ultimately dismissed or simply want to avoid jail time. When certain terms of the agreement are alleged to have been violated, the District Attorney will sometimes ask the judge who accepted the original plea agreement to remove the accused off probation or deferred adjudication. If the judge is convinced that certain terms were violated, the court may potentially remove the protections of probation or deferred disposition and place you in jail. Typical conditions that will result in a revocation include testing positive for drugs or alcohol, picking up a new criminal charge, skipping meetings with your probation officer, or not taking ordered classes. To maximize your chances of such an event from happening, call us today for a free consultation.
Expunctions & Non-Disclosures
One of the biggest misconceptions regarding a dismissal or success completion of deferred disposition is the charge does not appear on your criminal record. Your arrest, plea agreements with the prosecutor, court settings, order of dismissal, and other information surrounding your case are available to the general public unless you file for an expunction or non-disclosure.
If your case was dismissed, you were acquitted by a judge or jury, no billed, or you successfully completed Class C deferred adjudication, you may be eligible for an expunction. An expunction is an order from a civil district judge ordering that all agencies in possession for your criminal arrest record to destroy it. These agencies are forbidden from disclosing any information about your charge to the general public. Essentially the expunction deletes the entire criminal charge as if it never happened.
If your case was not dismissed and you successfully completed deferred adjudication, you may be eligible for a petition of non-disclosure. As a general rule, a petition for non-disclosure prohibits public entities from disclosing certain criminal records. Many employment, leasing, and college admission applications will ask whether you have been “convicted” of a misdemeanor or higher excluding Class C offenses (i.e., traffic tickets). The benefit of a petition for non-disclosure is it legally frees you from disclosing information about your criminal history in response to these types of questions. You are under no obligation to mention information related to an offense that is subject to the order of non-disclosure. The order does apply to a particular offense. Some offense may require a wait period before you can request a petition for non-disclosure, others may not. These include assault (not an offense involving family violence), indecent exposure, and weapon offenses to name a few. Certain types of crimes must be sealed by the judge, while others leave it to the judge’s discretion to decide if sealing the case is in the best interest of justice.
Depending on the outcome of your case, you may be eligible for either a petition for expunction or a petition for non-disclosure, or neither. The law in this area recently changed for cases filed after September 1, 2015. So have us review your case and see if you qualify.
Pasadena & South Houston Municipal Courts
Facing a traffic violation can be an upsetting and overwhelming experience. Traffic violations have a much larger effect the general public are unaware of such as surcharges or points to your Texas Driver's License under the Texas Driver’s Responsibility Program. For example, those that possess a Commercial Driver’s License cannot afford to have any moving violations on their record as it could affect their employment with their company. An experienced traffic attorney can navigate you with what your best plan of attack should be and how to resolve your traffic violation. Having spent over 10 years fighting traffic violations throughout Pasadena and South Houston we are more than prepared to represent you. Call today to see if you qualify.