Avoiding Felony Drug Charges

Did you know that a large amount of Americans consume different types of drugs? Even though the drugs may be for recreational purposes, it’s important to understand that these drugs involve dangerous substances. As your San Antonio drug lawyer, Jesse Hernandez wants to make sure you know about drug charges and how not to find yourself in this situation.

Felony Drug Charges

Felony drug charges can vary depending upon what type of substance is found in your possession. Cannabis is the most commonly used drug and carries a lower sentence versus drugs such as heroin or cocaine. If you are caught with cannabis, it’s possible you’ll be fined $1,500 and can serve up to three months in prison. The severity of your sentence increases depending on the amount of cannabis you have.

Examples Of Felony Drug Charges

One example of a drug charge is if you have possession of drugs over a certain gram amount. Another charge is possession with the intent to distribute. This is more severe than the prior example as it means you are selling with possible intent to harm other people instead of the potential to harm just yourself.

How Can We Help?

If you’ve been accused of possessing drugs, you still have your rights. Your San Antonio drug lawyer will help you defend yourself against the charges in court. Make sure you hire a lawyer because an experienced drug lawyer, like Jesse Hernandez, can help you avoid or at least persuade the court to keep your sentence as low as possible. Contact us today and we will fight for you.

Texas Teens and Sexting: The Legal Consequences

Cell phone use is on the rise with teenagers and unfortunately, this has been a leading factor in the common practice of “sexting”—sending nude photographs or sexually suggestive messages by text. Texas has enacted laws with penalties so make sure you are avoiding this and if you find yourself in trouble, contact our sexual assault lawyer in San Antonio today.

 

Teen Sexting In Texas

Texas has taken legal measures when it comes to sexting—the state punishes teen sexting under its law against electronically transmitting sexual depictions of children. This law explains how it is illegal for one minor to electrically send an image of someone younger than 18 years old to another minor. 

 

Sexting And The Federal Law

Sexting can be considered a crime under federal law depending on the circumstances. The PROTECT Act of 2003 makes it illegal to produce, distribute, receive, or possess with intent to distribute any obscene visual depictions of a minor engaged in sexually explicit conduct. The law criminalizes causing a minor to take part in sexually explicit conduct in order to visually depict the conduct. 

 

Penalties

Sending or receiving a “sext” from other minors is a Class C misdemeanor, with penalties that include a fine of up to $500 and may increase for second and subsequent convictions. 

 

Contact Us 

If you are in Texas and find yourself in a legal situation with sexting, make sure you contact our sexual assault lawyer in San Antonio. We can help you navigate the legal consequences and make sure you are represented in your time of need. Our team is prepared to provide tough defense and aggressive representation for our clients, so call us today for a free case evaluation.

What To Do After Being Wrongly Arrested

If you’ve been wrongfully arrested, there are a few steps to take to make sure you are able to drop the charges and keep your record clean for the future. As your criminal defense lawyers serving San Antonio, TX, we want to make sure you know if you’ve been wrongfully arrested and what to do next.

 

What Defines A Wrongful Arrest?

If you are arrested without probable cause, you can sue for a violation of your constitutional rights under the Fourth Amendment. This amendment guarantees all persons the right to be free from unreasonable search and seizure, including an arrest.

 

Can You Resist Arrest?

If you feel that you are being wrongfully arrested, you have the right to resist by telling the officer you think the arrest is wrongful. Once the statement is made, the officer has to demand that you present evidence to make the arrest considered wrongful. If the evidence is valid, the officer cannot arrest you, but if there is no evidence, then you must cooperate with the police. Sometimes you cannot present evidence to prove your innocence at the time of the arrest and you may still feel it’s wrongful. After the arrest, you can file a claim with the help of a lawyer.

 

Should You Sue?

One option after being wrongfully arrested is to sue for monetary damages. With the help of a professional lawyer, you can seek money from your arrest and you have the ability to sue the individual officer. If you want injunctive relief, you can pursue a claim against the state or state agency. Other reasons to sue can be due to lost wages, damage to reputation, embarrassment, and more. 

 

Did you know that wrongful arrests happen regularly in the United States? Make sure you contact our criminal defense lawyers serving San Antonio, TX if you find yourself in this situation. We will make sure you get the justice you deserve.

What Happens If You Are Under 21 And Charged With A DWI?

Obtaining a DWI under the age of 21 can lead to more severe consequences since you are under the United States legal drinking age. Driving under the influence of alcohol is illegal for all ages, but can lead to worst repercussions for those under 21. If you have been arrested for a DWI, make sure you call your DWI lawyer in San Antonio, TX to receive help with your case. 

 

Penalties

Receiving a DWI at any age is a criminal offense. Those who are under the legal drinking age can be sentenced to the same penalties as any other offender. Some may even face worse repercussions depending on the charges delivered and the BAC recorded for the driver. In most states, a BAC above .08 is subject to criminal penalties.

 

Zero Tolerance

Some states have a zero-tolerance policy enacted for any drivers under the age of 21 that are under the influence of alcohol. Underage drinkers who decided to drive with a BAC above a .02 can face more severe penalties in these states. If you get behind the wheel after consuming alcohol it could lead to criminal repercussions.

 

Future Impact

DWI charges are added to the criminal record of the perpetrator if they are found guilty. It is also likely that once an individual receives one DWI that they could obtain multiple in the future. Recurring DWI charges can increase charges from a misdemeanor to a felony and result in jail time. 

 

If an underage individual has been charged with a DWI, they will need legal support. Make sure you contact the Law Offices of Jesse Hernandez for assistance at (210) 807-8656 or visit our webpage today.

The Process Of A Criminal Trial

Criminal trials take on a structured format that normally includes six phases. If you are facing criminal charges you should consider hiring a criminal lawyer in San Antonio, TX to help fight for your case.

 

Phases of a Trial

 

The Jury is Chosen: Before a criminal trial can begin, a jury must be selected. For a criminal trial, potential jurors are questioned by the judge to determine their possible stance on the trial and if they have any potential predispositions regarding the case. The defense and prosecution are also given the opportunity to exclude certain jurors before the final panel is selected.

Opening Statements: Both the prosecution and the defense team will deliver an opening statement to the courtroom. The prosecutor represents the government and therefore must prove the filed charged and propose that the defendant is guilty. The defense then shares their interpretation of the facts and their starting argument.

 

Testimony and Cross-Examination: During the testimony, witnesses will be called to the stand to undergo questioning. The team that has called the witness does a “direct” examination to gain information by asking questions. The other team will then conduct a cross-examination of the witness. The process will continue until all witnesses have been called to the stand.

 

Closing Arguments: This is both the defense’s and the prosecutor’s chance to sum up their arguments from the trial. The closing arguments are the final opportunity for both sides to convince the jury of their pleas.

 

Jury Instruction: The judge will inform the jury of legal standards that are relevant to the case at hand. The legal standards discussed are chosen by the judge in relation to the evidence presented during the trial.

 

Deliberation and Verdict: Once all is concluded, the jury will deliberate and come to an agreement on the defendant. The foreperson of the jury will inform the judge once a decision is reached and the judge will announce the final verdict to the courtroom.

 

For help with a criminal trial, contact Jesse Hernandez and his criminal lawyers in San Antonio, TX at (210) 807-8656 for a free consultation.

Recognizing the Signs of Domestic Violence

Domestic violence is a serious crime that should not be taken lightly. The Law Office of Jesse Hernandez has dealt with personal injury in San Antonio, TX, and cares about the well-being of their clients. It’s important to recognize what domestic violence is and understand that help is always available.

 

What is Domestic Violence?

Domestic violence, or abuse, is a pattern of violent or coercive behavior that a person uses to gain power and control over an intimate partner. There are multiple types of abuse like physical, emotional, sexual, and even economical.

 

The Types

  • Physical: This type of abuse involves any type of intentional and unwanted contact with your body. When pain is intentionally inflicted onto a victim who did not ask for it, it’s considered physical abuse.
  • Emotional: Emotional abuse is the most common form of control that can exist in a relationship even without physical violence. When someone is put-down, called something derogatory, or receives insults to their intelligence, it’s emotional abuse. Other examples can include isolation from family members and breaking someone’s self-esteem.
  • Sexual: Sexual abuse is unwanted sexual activity through force, where most of the victims of sexual abuse know who their abuser is.
  • Economic: When someone controls their intimate partner’s access to financial means, it means that the victim has limited resources if they were to leave the relationship. This person can withhold access to employment, education, and more, putting a hindrance on the victims well-being.

 

Contact the Law Office Of Jesse Hernandez

If you’re a domestic violence victim and are suffering from personal injury in San Antonio TX, please reach out to us today. At the Law Office Of Jesse Hernandez, our experienced and dedicated San Antonio criminal defense lawyer is well-versed in the obstacles the accused face when charged with domestic assault. That is why we pride ourselves on providing aggressive counsel that makes our clients’ rights and interests an absolute priority throughout every stage of their case.

Traffic Safety: The Benefits of Message Boards

As a car accident lawyer serving San Antonio, Jesse Hernandez has seen his fair share of accidents, many of which could have been avoided.In a time where electronics are favored and constantly used, highway message boards have become more and more prominent to keep people safe by displaying messages about traffic updates and upcoming accidents.

What Are Traffic Message Boards?

Traffic message boards are the large transportable signs with a digital display that you’ll spot on highways. They are normally meant to communicate important information like speed limits, upcoming landmarks and their distance from you, and if there’s traffic or an accident ahead. More recently, we are seeing messages that now alternate between traffic updates and a message about staying safe.

What Are The Benefits?

More common are the message boards that contribute to safer conditions on the road for drivers by providing real-time traffic updates and communication about the hazards up ahead. The signs tell you to slow down, look out for hazards (like a vehicle on the side of the road), and what the traffic will be like as you head to your destination. However, due to the durability and orange and black design, message boards are now adding sentences about road safety into the rotation and gaining the driver’s attention in order to keep their hands on the wheel.

For example, around the time of Thanksgiving, one sign read: “Feast Your Eyes on the Road / Drive Safely.” The goal is to get the attention of those in the vehicles on the highways and make sure they practice safer driving.

 

If you ever find yourself in need of a lawyer, the Law Office of Jesse Hernandez understands that legal emergencies can arise at any time. The car accident lawyer of San Antonia is available 24 hours a day and 7 days a week to help clients with multiple cases.

Truck Accidents: FAQs

Motor vehicle accidents, whether they are minor or major, are scary and stressful. Accidents involving trucks are even more threatening as they can result in serious injuries or deaths. If you ever find yourself in this situation, you should contact a truck accident attorney in San Antonio. Here are some questions you may have should you be involved in a truck accident.

 

Q: How is fault determined in a truck accident?

A: There are a few factors that go into determining fault: investigating the scene, eyewitness testimonies, and police reports. A truck accident attorney will also investigate the driver as well as the company that employs them. For example, truck driving training and how they were hired can all turn into contributing factors.

 

Q: Who is responsible for the truck accident: the driver or the trucking company?

A: Both the driver and the truck company can be held liable. This liability all depends on the results of the investigation. It’s possible that a trucking company will try to avoid liability. They could claim that the driver doesn’t work for them or that they don’t own the vehicle that was involved in the accident. This misleading information is when having a truck accident attorney proves beneficial.

 

Q: What should I look for in a truck accident attorney?

A: A clear understanding of the challenges you and your family face. An experienced team that can put their experience to good use when representing your case. Understanding the benefits offered when you hire quality legal services. These are just a few things to look for when hiring a truck accident attorney. Make sure you are comfortable and confident with your choice.

 

We have a truck accident attorney team in San Antonio devoted to making sure you receive the help you need. Our personal injury lawyers prove vital assistance when you or a loved one is involved in an accident and seriously injured. Call us today to get the help you deserve.

You’ve Received a DUI. Now What?

If you were driving under the influence of alcohol or other drugs, a cop can pull you over and arrest you for a DWI (or DUI). You will have to appear before a judge for your arraignment. If you ever find yourself in need of a personal injury law firm in San Antonio, we are here to help you and fight for you. It’s important to know the DWI steps if you ever find yourself caught up in the middle of one. These are the following steps that will most likely take place after you receive a DUI.

The Arraignment

The arraignment is your chance to plead to the charge. The options: guilty, no contest, not guilty. A lawyer may also be appointed for you. Your bail amount may be set. Most defendants who haven’t posted bail are charged with misdemeanors. Normally, at this stage, it is unnecessary to have an attorney present since you are only entering a plea. If you have a prior DWI, you should deny said convictions so that you or your attorney can challenge the validity at a later stage.

The Options

You should now begin to evaluate your case. Here are the following options for you:

  • – Plead guilty as charged
  • – Plea bargain down to a reduced charge (i.e. reckless driving)
  • – Ask for a trial before a judge
  • – Demand a jury trial (which is available in most states—not all)

Your option of fighting the charge or plea bargain strongly depends on the strength of the prosecution’s evidence. Did you have a high BAC or were you extremely intoxicated? If the answer is yes, the negotiating may not be in your favor. If you want to ask for a jury trial, you may have a better chance with a jury of your peers deciding your case rather than a judge.

The Plea Bargaining

Plea bargaining is when a criminal defendant and prosecutor reach a compromise. The defendant will enter a guilty or no contest plea. As a result, there will be a reduced charge, a fine, or a jail sentence. Plea bargains most likely happen when there is some weakness in the prosecution’s case. However, if the evidence of guilt is stronger, the plea bargain is probably not the route you want to take.

The Lawyer

Whether you decide on a plea bargain or taking your case to trial, you should have an attorney to represent you. The judge will appoint one to you if you cannot afford one. There are many attorneys out there who offer a free initial consultation to anyone thinking of hiring a DWI attorney.

 

You should never drink and drive. Should you find yourself in this position, contact a DWI attorney or a personal injury law firm of San Antonia, like the Law Offices of Jesse Hernandez , to support you in your case. Gain some peace of mind when you work with us. We approach every client with a focus on integrity, advocacy, and understanding.

What is a Breathalyzer Test?

A breathalyzer is a device that measures the content of alcohol in a person’s breath. They are often used in the event that you are pulled over for a DWI. If you are arrested for a DWI, then it is important you know the facts about breathalyzer tests and that you call Jesse Hernandez, a DWI attorney in San Antonio TX.

How do Police Use Breathalyzer Tests?

It is illegal to drive if you have a blood alcohol content of over .008 percent. Police use breathalyzer tests to determine if you have alcohol in your system without having to resort to invasive methods like blood tests. If you are pulled over for a DWI, the police may ask you to submit to a breathalyzer test. It is often advisable to refuse to take a portable breathalyzer test unless you are certain you are not intoxicated. Police have the discretion to arrest someone who contains any amount of alcohol, so if you take a breathalyzer test and pass, there is still a chance you could be arrested.

Problems with Breathalyzer Tests

There are several factors that can complicate the results of a breathalyzer test. If you have recently used an alcohol-based mouthwash, the machine can detect it. There are also varied results if you hold your breath, hyperventilate or run before taking the test. Other medical conditions or even the types of food you have eaten can all affect the tests. Due to the many errors that can occur during a breathalyzer test, it is common to have a false positive result. To be sure your breathalyzer test results are properly used in your case, you should contact a DWI attorney in San Antonio TX, like Jesse Hernandez.

You should never drink and drive, but if you have been arrested for a DWI, you should immediately contact a DWI attorney in San Antonio TX like the Law Offices of Jesse Hernandez to support you in your case. They will walk you through the charges associated with your DWI and support you through your case.