Sears Bennett Gerdes LLP Galveston County Criminal Law Attorney | League City Criminal Defense 2026-07-21T19:55:49Z https://www.searsandbennett.com/feed/atom/ WordPress On Behalf of Sears Bennett Gerdes LLP <![CDATA[How can a drunk driving charge affect your life?]]> https://www.searsandbennett.com/?p=47466 2026-07-21T19:55:49Z 2026-07-21T19:55:49Z Being charged with a driving while intoxicated (DWI) or a related drunk driving charge can significantly impact your life for a long time. That’s why it’s crucial to know how to defend yourself when facing such a charge. Below are three areas in your life that a drunk driving charge can affect:

Driving privileges

A DWI or related drunk driving charge can lead to the suspension of your driving privileges even before a conviction. Since Texas is an implied consent state, refusing to submit to testing after a lawful DWI arrest can lead to an automatic license suspension for not less than 180 days. Being convicted of a DWI for the first time can lead to the loss of a driver license for up to a year, a fine of up to $2,000, and up to 180 days in jail (with three mandatory days). These penalties become harsher with subsequent offenses.

Criminal record

A DWI conviction becomes a part of your criminal record. Thus, it will show up on background checks done by an employer, landlord, or licensing agency. Accordingly, it can restrict your opportunities.  Some jobs, especially driving-related roles, reject applicants with a DWI conviction. Landlords who use strict criminal background checks consider people with a DWI, particularly a recent one, a risk to tenant safety.  Further, professional licensing boards, such as the Texas Board of Nursing, Texas Medical Board, State Board for Educator Certification and Texas Real Estate Commission, can deny or suspend one’s license because of a DWI conviction.

Personal relationships

A DWI conviction can strain your personal relationships. Your loved ones may feel disappointed. Also, it can be used to question your judgment and parental fitness if you are in a child custody battle or co-parenting agreement. A DWI conviction can negatively impact several areas of your life. Consider legal guidance to protect yourself.

]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[Understanding a theft of service charge in Texas]]> https://www.searsandbennett.com/?p=47465 2026-07-08T03:23:06Z 2026-07-08T03:23:06Z How theft of services happens These charges arise in many everyday situations. Here are some common situations that can trigger theft of service charges in Texas:
  • Failure to pay for completed work
  • Leaving a business without paying for services
  • Using utilities without authorization
  • Disputes over partial or incomplete services
  • Providing false information to obtain services
These situations can involve unclear communications, billing errors or even assumptions about payment terms, meaning facts matter in every case.

Evidence used in service theft cases

Texas courts rely on a wide range of evidence to determine whether a person intended to avoid payment for services rendered. Records such as invoices, text messages, service agreements and witness statements often play a central role. Digital records can also influence the outcome because many service transactions occur online. These records help show whether the issue stems from miscommunication or deliberate avoidance.

Defense options when facing charges

A sound defense focuses on the specific facts and the intent behind the disputed service. Many cases involve honest misunderstandings or unclear expectations. Common defense approaches that can address these issues and help clarify what actually happened include:
  • Lack of intent to avoid payment
  • Errors in billing or invoicing
  • Disputes over service quality or completion
  • Incorrect identification of the responsible party
  • Insufficient evidence of deliberate conduct
With strong legal support, you can better defend against a theft of service accusations in Texas.]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[When police officers misinterpret a domestic situation]]> https://www.searsandbennett.com/?p=47463 2026-06-19T00:17:35Z 2026-06-19T00:17:35Z Correcting an inaccurate narrative Police officers hear statements from people who may not know the dynamic in the home when they call for assistance. They may overhear partial conversations and see signs of injuries or property damage when they arrive. What they notice might actually be indicative of attempts at self-defense or an emotional reaction to ongoing domestic violence. Someone accused of domestic violence could theoretically mount a defense by showing that they acted to protect themselves from the other party's volatile conduct. Other times, evidence of a history of domestic violence could raise questions about whether the conduct officers witnessed was actually reactive abuse. Those subject to physical and psychological torment for protracted periods may respond in an erratic manner that seems unnecessarily aggressive to those unfamiliar with their situation. Changing the story around a domestic violence arrest can potentially protect defendants from convictions or the worst sentences possible. What police officers see when they arrive is often only a fraction of the whole story. A criminal defense attorney can help domestic violence defendants determine what specific defense strategies could be effective. Providing more insight into relationship dynamics or the history of family disputes could play an important role in a successful domestic violence defense strategy accordingly.]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[How embezzlement can differ from other types of theft]]> https://www.searsandbennett.com/?p=47462 2026-06-11T09:30:11Z 2026-06-11T09:30:11Z Embezzlement is a type of theft. It is a white collar crime in which someone is essentially being accused of stealing from the company they work for. This charge is often leveled against executives, such as a chief financial officer, but any employee could technically be accused of theft from the business. The big difference with most embezzlement charges, however, is that they focus on the misappropriation of assets that the company owns. This makes the offense a bit different from other types of direct theft.

Misusing the funds

Misappropriation means that the individual in question used the funds in a way that was not intended. They breached their fiduciary duty to the business. They took steps that were focused on personal gain but were not authorized. For instance, the financial officer at a company may be granted access to the company's bank accounts so that they can make key transfers, payments and other financial decisions. If an outside party gained access to that bank account and took the money, it would be a form of theft because that person was never authorized to access the funds in the first place. For the financial officer, access is not the issue. The trouble comes when they use the money in a way that was not intended, such as transferring it into a personal bank account or using the money to buy personal assets. Simply showing that the person accessed the accounts does not necessarily prove any wrongdoing. The prosecution would have to take another step and show that the individual misappropriated those funds after gaining access. If you are facing charges for embezzlement or other white collar crimes, they can have a major impact on your future and your career. Be sure you know what legal defense options you have.  ]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[Can coffee reduce your BAC before you drive?]]> https://www.searsandbennett.com/?p=47461 2026-05-28T03:19:56Z 2026-05-28T03:19:56Z You decide to go out for a few drinks with friends, even though you know you will eventually have to drive home. Your plan is simply not to have so much to drink that you exceed the legal blood alcohol content (BAC) limit. When it is time to go, however, you are worried about your blood alcohol concentration. One of your friends tells you to just drink a cup of coffee because that can reduce your BAC and help you sober up quickly. Is that actually true?

Coffee does not change your BAC

No, it is not true, even though it is an oft-repeated myth. Coffee is not going to have a meaningful impact on your BAC. To get your BAC to go down, you just need to wait. For most people, their BAC drops at about 0.015% per hour. If it takes you an hour to walk to a coffee shop and drink a cup of coffee before getting in the car, your BAC will have slightly declined. But it could still very well be over the legal limit, and the coffee itself is not what caused the decline. It is true that coffee can help wake you up. If you are feeling fatigued or groggy due to alcohol consumption, it may make you feel more sober. But it is crucial to know that you are just feeling more awake, not sober. Your BAC has not actually been reduced.

Your legal defense options

These types of myths and misconceptions can sometimes lead to drunk driving arrests. If you find yourself facing charges, be sure you know what defense options you have as your case progresses.]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[How a vape pen could lead to a felony drug charge]]> https://www.searsandbennett.com/?p=47460 2026-05-16T14:05:49Z 2026-05-16T14:05:49Z Extract possession is a felony Texas statutes impose harsh penalties for drug possession, including marijuana possession in various situations. Extracts, including butane hash oil (BHO), traditional hash and other products, are subject to even stricter regulations than natural-state marijuana flowers. Any amount of marijuana extract that contains tetrahydrocannabinol (THC) warrants felony charges under current Texas state statutes. Products that only contain other cannabinoids, such as cannabidiol (CBD), are not subject to the same regulations. Any amount of an extract with THC can be enough to state jail felony that carries between 180 days and two years in jail and $10,000 in fines. The penalties increase from there based on the weight of the extract. Even the residue left in vaporizing devices could be enough to trigger a felony charge. Those using vape pens for their discreet appearance and reduced odor when compared with marijuana flowers may be unaware of the risk until after an arrest occurs. Anyone arrested due to vaporizer possession may need assistance developing a criminal defense strategy, and that’s okay. Working with a criminal defense attorney is important for anyone facing drug charges in Texas, but especially those accused of felony drug crimes.]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[What a suspended sentence could mean for your future]]> https://www.searsandbennett.com/?p=47459 2026-05-04T09:44:03Z 2026-05-04T09:44:03Z A suspended sentence means the court has decided not to enforce a jail or prison sentence, at least for now. It might sound like a win, but it comes with serious responsibilities. You avoid incarceration as long as you comply with the conditions set by the court. Depending on your case, the court-imposed conditions may include:
  • Regular check-ins with a probation officer
  • Community service
  • Paying fines, fees or restitution to victims
  • Attending counseling or treatment programs
If you violate any condition of your suspended sentence, the court can revoke it. That means the original jail or prison sentence that had been put on hold can be enforced.

It stays on your record

Even if you never spend a day in jail, a suspended sentence will appear on your criminal record. Employers, landlords and even licensing boards can see it during background checks. This can affect job opportunities, housing options and professional certifications. That said, successfully completing probation can put you in a better position than serving time. In some cases, it may open the door to record sealing or other post-conviction legal relief.

Are you eligible for a suspended sentence?

Not everyone qualifies for a suspended sentence. Eligibility depends on factors specific to your case. Courts typically consider the nature of the offense, your criminal history and whether you pose a risk to public safety. In most cases, judges hand down suspended sentences to first-time offenders charged with non-violent crimes.

Why legal representation matters

Facing criminal charges is not the time to figure things out on your own. You may not fully understand the legal technicalities involved, and it’s easy to make decisions that can come back to haunt you. You may, for example, rush into a plea deal just because a suspended sentence is on the table, even though better options exist. Seeking qualified legal guidance can help you make sense of everything and protect your interests during your criminal proceedings.]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[Can you refuse to take field sobriety tests in Texas?]]> https://www.searsandbennett.com/?p=47456 2026-04-14T17:28:59Z 2026-04-14T17:28:59Z When a police officer pulls you over on suspicion of impaired driving in Texas, they may ask you to take field sobriety tests. These could include the walk-and-turn test, the horizontal gaze nystagmus test or the one-leg stand test. These are physical tests designed to determine if you are facing a level of impairment that may make it dangerous for you to operate the vehicle. However, you can typically refuse to take these field sobriety tests. There is no need to escalate the situation, but remember that the tests are voluntary. You can politely refuse, and you will not be arrested simply for doing so. That said, the police may have other evidence that you are impaired, such as having observed certain traffic violations. So they can still arrest you, even if you do not take or fail the field sobriety tests. But you do have the option to refuse.

Is this different than a breath test?

Yes, this is much different than a breath test. If you refuse a breath test, then it can lead to an administrative license revocation. In short, Texas uses implied consent laws, like many other states. So, if you refuse to take the breath test, you are then violating these implied consent laws, and they can suspend your license administratively, even without a conviction on impaired driving charges. You do have a right to a hearing regarding this administrative suspension.

Navigating the legal process

If you are facing impaired driving charges, especially if you are a commercial driver, it can have a major impact on your future. Be sure you know exactly what defense options you have as you go through this process.]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[3 types of assets that can lead to felony theft charges]]> https://www.searsandbennett.com/?p=47455 2026-03-27T13:09:15Z 2026-03-27T13:09:15Z The primary factor separating felony theft from misdemeanor theft in cases that do not involve weapons or bodily harm is the overall value of the assets. However, state prosecutors can also pursue felony charges in cases involving violence or specific types of protected property. Texas state statutes designate certain types of property as grounds for felony theft charges regardless of their value. All three types of properties described below can be a reason for the state to pursue felony theft charges regardless of their fair market value.

1. Grave markers or contents

Grave robbing is no longer as much of a social issue as it once was. However, people may still sometimes steal from burial sites, including removing grave markers. Doing so is a felony offense regardless of the value of the resources taken.

2. Certain types of livestock

Livestock represents not just the investment to acquire the animal and keep it healthy, but also a source of future revenue. Therefore, the theft of livestock can cause substantial hardship for the owners. As such, the state allows for felony charges in scenarios where people face accusations of stealing exotic livestock, exotic fowl, cattle, horses, goats, sheep or swine.

3. Firearms

Firearm registration plays a critical role in limiting violent crime and solving crimes after they occur. Firearm theft contributes to the secondary market for unmarked and unregistered firearms. Regardless of the value of a firearm, its theft automatically warrants a felony charge. Defendants facing felony theft charges may need help evaluating their circumstances and exploring different defense strategies. The insight of an attorney can help people develop defense strategies that may limit the penalties they face after a conviction.]]> On Behalf of Sears Bennett Gerdes LLP <![CDATA[Can a Texas DWI become a felony offense?]]> https://www.searsandbennett.com/?p=47454 2026-03-11T13:48:33Z 2026-03-11T13:48:33Z Driving while intoxicated (DWI) offenses are criminal charges related to intoxication while driving. People who are under the influence of alcohol or drugs, including prescription medications, may be at risk of DWI charges after traffic stops or collisions. Frequently, state prosecutors pursue misdemeanor DWI charges. However, the state does occasionally pursue felony DWI charges against motorists. What specific scenarios might warrant felony charges?

The presence of aggravating factors

Some DWI offenses are technical matters. Drivers fail chemical tests but do not actually harm anyone else. Other times, a driver's conduct may put others at immediate risk of injury or worse. The state can pursue felony DWI charges in cases where an allegedly impaired driver caused a crash that resulted in injuries or death. Felony charges are also possible in cases where the driver had a passenger under 15 years old in the vehicle with them at the time of their arrest.

The prior record of the driver

Repeat DWI offenses expose motorists to escalating penalties and even harsher charges. If a motorist has two or more prior DWI convictions on their record, prosecutors are likely to bring felony charges for third and subsequent DWI offenses. Drivers face not only harsher penalties but also a much more serious blemish on their criminal record. Anyone accused of a DWI, especially a repeat DWI offense, may need help responding in court. The escalating penalties and charges make a well-planned defense necessary in many cases. Working with a criminal defense attorney can help people develop a strategy for trial or negotiate a plea bargain to potentially bypass the worst penalties possible.]]>