The Law Office of Francisco Hernandez Blog

August 27th, 2015

A family protective order is an order issued pursuant to the Texas Family Code from a court of competent jurisdiction, or a protective order from another jurisdiction, directing a named person (respon...

August 27th, 2015

BOTTOM LINE: IF YOU ARE SUSPECTED OF SOMETHING, GUILTY OR INNOCENT, SHUT UP AND ASK FOR YOUR LAWYER. As soon as practical, but no later than a custodial interrogation begins, arresting officers must w...

August 18th, 2015

Deferred action means that, even though the individual is undocumented and subject to deportation, the government agrees to “defer” any actions to remove them. It allows undocumented immigrants to...

August 18th, 2015

Arrests may be made when a warrant of arrest has been issued by an authorized magistrate or when arrest without a warrant is authorized under the laws of the United States, laws of the State of Texas,...

August 18th, 2015

Once the suspect is registered in jail, the arresting officer must complete the DWI report. Officers must be specific when describing the actions of the suspect from the time of initial observation to...

July 31st, 2015

Durante la detención, el oficial también debe fijarse en el comportamiento del conductor. Si él sospecha que el conductor esta intoxicado, debe pedirle que salga del vehículo e inmediatamente hace...

July 30th, 2015

A. Solo se le debe pedir una vez hacer el examen de alcoholímetro. No hay ningún derecho de tener un abogado presente para tomar la decisión de soplar en el alcoholímetro. No se le debe hacer pens...

July 24th, 2015

The request for the breath test should be made one time only. There is no right to an attorney for the purpose of decid- ing whether to take the breath test. It should not be implied to the suspect th...

July 22nd, 2015

If possible, the call taker must encourage the person calling to remain on the telephone so as to provide updated information concerning the situation as officers respond....

July 21st, 2015

Upon entering the intoxilyzer facility, the arresting officer must notify the operator of the presence of the prisoner, contact the jail supervisor to explain the probable cause for arrest, and provid...

July 15th, 2015

The Miranda Warnings should not be read to the suspect at the time of the arrest. Accordingly, no interrogation should be conducted at the scene once the suspect has been arrested. The DIC 24 (Police ...

July 14th, 2015

Once a decision has been made to arrest a Driver for Driving While Intoxicated (DWI), officers must: A. Advise the suspect that an arrest for DWI will be made. B. The Miranda Warnings should not be ...

Total: 354

Proceedings

The Attorneys
  • Francisco Hernandez
  • Daniel Hernandez
  • Phillip Hall
  • Rocio Martinez