Blog Articles

Traveling with a Criminal History

Posted by Brian Laviage on Saturday, Dec 8, 2018

To what extent does a criminal history affect international travel? The answer is far from simple.

Some countries require individuals with criminal records to apply in advance for pre-clearance to enter. Others require only a passport for admission, and there is no background check. Permission to enter could depend on the seriousness of the crime.

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Are Texas Arrest Records Public?

Posted by Brian Laviage on Thursday, Oct 18, 2018

An arrest record is never a good thing. It can ruin a person’s reputation, ability to find a decent job, and it releases personal information about the individual. Other negative effects include losing driving privileges or child custody rights. If you already have an arrest record you may be looking at more severe penalties and sentencing.

Having a criminal record can affect you in many areas of your life and when public, it can be searched and accessed by anyone. There are some ways that a person may expunge or seal their record which we’ll get to a little later. First, let’s cover the basics when it comes down to a Texas arrest record.

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How Expungement of Criminal Records in Texas Can Improve Your Life

Posted by Brian Laviage on Friday, Aug 17, 2018

A criminal record has the potential to affect just about every area of your life. In the state of Texas, people who meet requirements established by current laws have the right to request what is known as an expungement of a criminal record.

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How to Beat Speeding Tickets Before and After You Get One - What the Courts Don't Want You to Know

Posted by Brian Laviage on Wednesday, Nov 23, 2016

Tips From Your Local Texas Traffic Ticket Attorney

NEVER:

  • Act like you know the law better than the officer does. Law Enforcement Officers, especially Traffic Enforcement Officers hate drivers that quote the law to them. I have had many a client who have ended up in the back of a patrol car following a heated debate on the law with a Traffic Cop. More often than not, the Officer finds more reasons to hand out citations.
  • Admit any guilt. Don’t say you are sorry, or that you were unaware what you were doing was in violation of any law. I advise all of my clients to say nothing. Always remember anything you say is considered an admission and most certainly will be used against you in court. My advice: Play dumb and take your ticket.

ALWAYS:

  • Be Mr. or Mrs. Submissive. “Brown nose” behavior shouldn’t only be kept in the workplace. Don’t be afraid to reply “yes Officer, no Officer” to the questions you are asked. Moreover, these replies should expedite your stay on the side of the road.
  • Be dumb or dumber. Play your ignorance card. Most people, including traffic cops, are less obliged to inflict pain on a poor dumb animal.
  • Be afraid, be very afraid. Show the officer that handing you a ticket is the equivalent of handing you a death sentence. Remember policeman are people too, they put their pants on one leg at a time. If you look like a shivering chihuahua, they may hesitate in writing you that ticket if they feel sorry for you.
  • Be a good actor. If you truly feel like you were not doing what the officer accused you of doing, act like you had no idea why he pulled you over, like they got the wrong car; take this theme all the way to the end zone. At the end of the day using this strategy might end you up with a ticket anyway, but at least you have the argument that you did not do it once you are facing a judge.

Great! Your advice didn’t help, It looks like I am getting the Ticket, what do I do now?

Remember:

  • The side of a road is not your courtroom. Pleading your case to the Traffic Officer is about as productive as arguing with the pavement. Trust me…you won’t win. This type of behavior has gotten my clients more citations or a night in the slammer and besides the immediate consequences, this behavior makes you stick out like a sore thumb in the mind of the cop. As a result he will remember you when it comes time for him to testify. Remain inconspicuous. My advice: Accept your ticket, say nothing and casually drive away.
  • Develop a photographic memory. Take a mental image of your surroundings and conditions. Ask yourself what are the traffic conditions, what is the weather like, what lane you were in? This gives you some ammunition to fight whatever the officer writes on the ticket as the present conditions.

OK, what do I do at the pre-trial and while I am waiting for the trial?

Always:

  • Plead “not guilty.” Depending on where you are this is likely, an appearance in court or an opportunity to appear at a window in the courthouse prior to the date of appearance to give your plea.
  • Delay. Don’t work around the court’s schedule, have the courts work around you. Keep putting off that court date until it is convenient for you to show. This is more likely to work if you are self employed or you are an independent contractor. If you are employed by a company, make sure that the court does not interfere with your work, including business trips. More often than not, by the time you appear, the officer will have forgotten all about the traffic stop and the court will have to dismiss your case
    • A short side story: A very good client of mine got caught going 120 mph on the Sam Houston Parkway in Harris County Texas (speed limit was 65 mph) from a Texas State Trooper. Being an avid business traveler, he was able to delay his court date for nearly 2 years. When he finally ended up into court, he found that the Trooper had been transferred to the Dallas/Ft. Worth area. His case was ultimately dismissed.

Sometimes:

  • Request information about the equipment used to catch you speeding. Warning: this strategy can really put the prosecutor in a bad mood and persuade him or her to really go after you.
    • When laws allow, you can request:
      • Copies of manufacturers names, including makes, models and serial numbers of all speed measuring devices in use by the Police Department.
      • Information regarding manufacturers recommended maintenance on all of the above mentioned devices.
      • Information pertaining to manufacturer literature regarding correct use, including specifications on mounting and aiming for all speed measuring devices used by that particular law enforcement agency.
      • Maintenance Records for the past six months’ for all speed measuring devices used by the department.
      • Records speaking to the Training administered to the Officer who cited you, in the proper use of all speed measuring devices used by the department.

Alright, so now I am finally at the courthouse for the trial setting, what do I do?

10 Easy Steps:

  1. Check in with the clerk.
  2. Check the officer sign in sheet to see if the officer has arrived, if he doesn’t show, a dismissal will almost always be granted.
  3. If the officer does show, you will have an opportunity to speak with the prosecutor and determine whether the officer is ready to proceed (if he remembers you and the case). If the officer does not remember the episode, your case will be dismissed.
  4. The judge will call you up to begin the trial.
  5. More often than not, the officer will testify first.
  6. You then question the officer to see if he truly remembers you and your vehicle. Try to see if he can corroborate his information about the conditions of the day.
  7. You then call any witnesses you have to refute the officers story and bolster your story that the officer cannot adequately remember the circumstances surrounding your alleged violation.
  8. The officer is then allowed to make a closing statement
  9. You should then make a closing statement focused on the inability of the officer to remember the incident; this is the way you can beat him, credibility.
  10. The judge will then take several moments to decide.

What to wear and how to act:

  • Wear a suit, or at least a tie. If you look like a deadbeat scum bag bum, you will be treated as such.
  • Be polite and respond to courtesy. Act like a jerk and you will be disposed of quickly and not to your favor.

Remember, you are innocent until proven guilty, that is the officer is the one who must prove your guilt, so:

  • Get confident, stupid. You can’t win if you are a nervous wreck.
  • Look over the indictment. If the cop is unable to prove even the slightest, tiny, or insignificant element of the indictment, the court must dismiss you case.
  • Object to an officer bringing in evidence about speed measuring devices. Claim the evidence is inadmissible. In order to use this type of evidence the officer must establish Jurisdiction Certification, up to date, accurate, traffic and engineering survey, that the speed measuring device was properly calibrated, and that he maintains an up to date FCC license.
  • Ask the officer if he was in motion at the time the speed measurement was taken. If he was moving, this can potentially throw off a speed reading and creates reasonable doubt in the mind of the finder of fact (the judge or jury).
  • ASK the officer if he remember what you were wearing, or did you have any passengers, or what was the weather like? If he is unable to answer, this takes a major blow at his credibility in the mind of the finder of fact (the judge or jury).

Lastly, if this type of thing is not for you, always contact an experienced attorney to fight for you. Good Luck.

Contact me so I can beat your traffic ticket!

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What happens if you get caught drinking under 21 in Texas?

Posted by Brian Laviage on Tuesday, Nov 15, 2016

I get asked regularly what happens if you get a minor in possession in Texas and how to get an MIP off your record.

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What happens legally after getting caught drinking alcohol under the age of 21?

Posted by Brian Laviage on Wednesday, Nov 9, 2016

Hi Mr. Laviage! You helped a friend of mine out with a legal case and I got your information from him. I’m 16 and was at a party this past weekend when the cops showed up. I don’t do this very often, but I was drinking that night and was kind of drunk. None of my friend’s parents were home and they ended up taking me and a few others to the Harris County Juvenile Detention Center over off Congress in downtown Houston. Maybe you know the place? My parents were able to pick me up fairly quickly so I didn’t have to stay long. They were not happy with me.

Anyway, I just got my license 6 months ago and I heard that it could be suspended after a minor in consumption charge. Is that true? What else can happen to me legally after getting caught drinking at 16? Thanks!

16 year old in Houston, TX

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What should I do after being charged with public intoxication and taken to jail?

Posted by Brian Laviage on Thursday, Oct 27, 2016

Hi Mr. Laviage - I found your website while searching for a public intoxication lawyer. Last weekend I went to jail on a public intoxication charge. I was pretty drunk, but not drunk enough to not remember the arrest - though I really don’t remember what I admitted to during the arrest or in jail. My court date is next month and I’ve already paid the ticket. Do I need a lawyer for this? I’m new to Texas and don’t have any prior arrests. Thanks!

John in League City, Texas

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Third public intoxication charge in 10 years

Posted by Brian Laviage on Tuesday, Oct 25, 2016

Hi Mr. Laviage, I have a question I’m hoping you can help me out with. I was arrested for public intoxication one year in college while floating the Guadalupe river. I was put on deferred adjudication for this charge in 2006. Then, a few years later in 2010, same thing, different place - this time in Austin outside of a restaurant. Now I’m thinking about getting out of my typical office job and applying for a job as a police officer. But, I just got another public intoxication charge about a month ago in Houston and am worried that they won’t accept me due to these infractions.

Is there anything I can do to get these public intoxication charges cleared from my record? How fast can this be done? And can all three be done at the same time to save money?

Thanks!

Jesse in Houston, TX

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Second minor in consumption charge within two years

Posted by Brian Laviage on Friday, Oct 21, 2016

My college-aged son just received his second minor in consumption charge within the past two years. I’m terrified he might have to go to jail and will be expelled from his university. Will this affect him getting hired for certain jobs, and what can I do to minimize the damage?

Sarah in Katy, TX

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Minor in possession after attempting to buy alcohol with a fake ID

Posted by Brian Laviage on Tuesday, Oct 18, 2016

My daughter was caught trying to buy alcohol with a fake ID and was charged with a minor in possession. She’s a straight-A student and has never been in trouble before this. I want to make sure her future is not ruined by a mistake made in her adolescence. How can I keep this off her permanent record?

Deborah in League City, TX

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