Posted on May 05, 2025 in DUI/DWI

Despite endless persuasion campaigns pushing Houston residents to avoid driving while intoxicated (DWI), the number of arrests for DWI has soared in recent years. According to the Harris County Sheriff's Office, more than 10,500 people were arrested under suspicion of DWI in Harris County during the first eight months of 2019 alone. If that sounds high, that is because those numbers are much higher than the prior year.

While the number of arrests is fairly easy to track, it is less clear how many of these arrests are wrongful. After all, not all DWI arrests result in a formal charge. In other instances, DWI charges are dismissed by the prosecutor or rejected at trial by a jury. If you have been wrongfully charged with DWI, a Houston criminal defense lawyer at Murphy & McKinney Law Firm, P.C. can provide you with devoted advocacy in court.

Frequency of False DWI Arrests

According to statistics compiled by the FBI, there are more than 10 million arrests each year. That works out to one arrest in the United States every three seconds. Unfortunately, the court systems throughout the country are far less apt to provide data than law enforcement agencies. Because of this, there is little information on the results of these cases.

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 Posted on April 30, 2025 in Criminal Defense

For most people, the words driving while intoxicated conjure visions of a person inebriated with alcohol behind the wheel of a car. However, there are countless substances capable of intoxication. From prescription drugs to illegal narcotics, these substances present a challenge to law enforcement because all of their training is generally focused only on determining alcohol impairment. Unlike the amount of alcohol in the bloodstream, the volume of these substances in the bloodstream cannot be objectively measured because there have not been objectively defined limits for drugs in all persons. 

The series of tests and observations law enforcement authorities created for identifying drug intoxication is known as the Drug Recognition Expert (DRE) protocol. The DRE protocol is a hocus-pocus police tool that has the greatest potential to wrongfully convict a sober and innocent person who is being therapeutically treated by a physician.

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 Posted on April 23, 2025 in Criminal Defense

Getting stopped by the police can be overwhelming and stressful. You might not be sure what you need to say—and what you should not say—when they ask questions. One charge you could face in Houston that surprises many people is "Failure to Identify." This criminal charge can apply if you do not give your name when asked, or if you give false information. But when are you legally required to identify yourself and what happens if you do not? A knowledgeable Houston criminal defense lawyer can answer your questions and help ensure that your rights are protected.

What Does "Failure to Identify" Mean in Houston?

Under Texas law, if a police officer has lawfully arrested you, you must provide your correct name, address, and date of birth when asked. If you give a fake name or lie about your information, you could be charged with Failure to Identify. These charges can be brought under several circumstances, including:

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 Posted on April 17, 2025 in Criminal Defense

Being arrested for a criminal offense is a stressful experience, but knowing your rights during that time can make a major impact on how you navigate it. In Texas, as in other states, arresting officers are required to inform you of your rights when you are arrested and before you are questioned. These rights, commonly known as your Miranda rights, include the right to remain silent and the right to an attorney. What happens if you are arrested and not read your Miranda rights? Can this affect your case? Read on for valuable insight by a seasoned Houston criminal defense lawyer.

What Are Miranda Rights?

Miranda rights were established by the U.S. Supreme Court in the landmark ruling stating that people must be informed of certain rights before they are interrogated while in custody. These rights are meant to protect against self-incrimination and ensure fair treatment during the criminal justice process. In Texas, law enforcement must read you your Miranda rights when you are in custody and before you are interrogated.

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 Posted on April 11, 2025 in Criminal Defense

For most young adults, college is a time of freedom and independence. Unfortunately, this newfound freedom has been known to result in some bad decisions that can lead to an arrest. From driving while intoxicated to possession of a controlled substance, arrests on or near Sam Houston State University campus are commonplace in Walker County, TX.

Learning that your child has been arrested is a parent’s nightmare, regardless of the circumstances. These feelings can compound quickly if the arrest occurred far from where you live and you are unable to help directly as they face criminal charges. Thankfully, you have options. Whether your child is a minor facing the prospect of juvenile justice or a college student dealing with an adult arrest, we can assist them with everything from obtaining legal counsel to getting out of jail pending their trial.

You do not have to deal with this difficult situation on your own. Contact a Houston, TX criminal defense lawyer to learn more. Renowned attorney Doug Murphy is a board-certified DWI and Criminal Law Specialist with extensive experience fighting for college students and juveniles in Walker County and throughout Texas.

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 Posted on April 03, 2025 in Criminal Defense

Being arrested for a crime you did not commit can be a horrible experience. Unfortunately, mistaken identity arrests happen more often than many people realize. Whether due to eyewitness misidentification, misleading or misinterpreted evidence, or procedural errors, wrongful arrests make people face criminal charges for something they never did. If it happens to you, you need a qualified Texas criminal defense lawyer who can offer needed guidance as you navigate this setback and ensure that your rights are protected.

How Do Mistaken Identity Arrests Happen?

Several factors can contribute to wrongful arrests, including:

• Eyewitness Misidentification: Sometimes, witnesses have unreliable memory. They can unintentionally select the wrong person from a lineup or misremember crucial details about a suspect’s appearance.

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 Posted on March 27, 2025 in Federal Crimes

Facing federal charges in Houston is never easy. A conviction could lead to hefty fines and incarceration in federal prison, among other consequences. While it is true that federal crimes are often defensible, you are never guaranteed success when you go to trial. With the right defense, however, you could improve your chances of a favorable outcome.

In federal court, certain defenses require that you provide notice to the prosecution before you rely on them. Others require successful pretrial motions before a defense becomes an option. In addition to a motion to suppress evidence illegally obtained, these defenses are known as notice and pretrial defenses. Speak with a qualified Houston, TX criminal defense lawyer to learn more about whether these defenses could apply in your case.

Alibi

One of the most popular examples of a notice defense in federal court is the use of an alibi. An alibi involves a claim that you were somewhere other than the place where the criminal act occurred at the time the crime was committed. If you establish you were not present for the commission of the federal crime, your alibi could serve as a viable defense.

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 Posted on March 20, 2025 in Criminal Defense

Tampering with evidence is a serious criminal charge in Houston that can carry harsh penalties. Whether you are accused of hiding, altering, or destroying evidence, the consequences can be severe. It can be difficult to understand exactly what constitutes tampering with evidence and many things you might assume are legal could result in serious consequences. A qualified Texas criminal defense attorney can explain how the state addresses this offense and what your options are.

What Is Considered Tampering with Evidence in Houston?

Under Texas law, you are tampering with evidence when you knowingly alter, destroy, or conceal any record, document, or item with the intent to make it unusable as evidence in an investigation or official proceeding. Presenting false evidence with the intent to deceive authorities is also considered evidence tampering. Disposing of drugs or drug paraphernalia during a traffic stop, deleting incriminating text messages or emails, destroying clothing or objects that might contain evidence, or providing law enforcement with false documents or altered records are all common examples of actions that can result in charges of tampering.

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 Posted on March 12, 2025 in Criminal Defense

Being on parole in Texas when accused of a 3G offense is a serious situation that can lead to severe consequences, including criminal charges. Texas law imposes strict penalties for 3G crimes, and when combined with an alleged parole violation, the stakes are even higher. A skilled Texas criminal defense lawyer can help you understand your options and the potential outcomes and help you make informed decisions about how to move forward.

What Are They Called 3G Offenses?

In Texas, serious crimes that carry enhanced penalties are called 3G offenses. The name comes from the section of the law where these regulations used to appear, in 42.12(3)(g), even though they are now listed under 42A.054 in the Texas Code of Criminal Procedure. Examples of 3G offenses include:

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 Posted on March 07, 2025 in Criminal Defense

When people imagine someone evading arrest, they often picture the person sprinting away from the police and running for cover. However, you can face criminal charges even if you were not running at the time. In Texas, evading arrest can apply in many situations—including when someone refuses to stop, walks away, or drives off slowly instead of pulling over immediately.

If you were charged with evading arrest, it is important to understand the law, how it applies, the possible penalties, and potential defense strategies. A knowledgeable Texas criminal defense lawyer can answer all your questions and explain your options.

What Does Texas Law Say About Evading Arrest?

According to Texas law, you are guilty of evading arrest or detention if you intentionally flee from someone you know is a police officer while the officer is lawfully attempting to arrest or detain you. Some key components to note here include:

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