OUR BLOG HAS MOVED!!!!

We've recently moved our blog.

We'll keep this one up, and the articles on it, but the new blog can be found at:

Austin Criminal Law Blog

If you prefer the copy/paste method, the new link is:

http://www.lawofficeofrobertkeates.com/blog

Thank you.

What are the Drawbacks and Problems with Texas Expunctions?

How can a Texas Expunction help me?  In Texas, even an arrest or citation show up on your criminal history. A Dismissal is not the same as an Expunction -- Expunction is an additional step. Individuals that have an Expunction granted can legally deny the arrest and subsequent court proceedings ever occurred. The Court's Order will also demand any State agency with the records to destroy them within one year. This includes private businesses that purchased the Criminal Offense Records from DPS. Additionally, having your offenses Expunged can help you get and keep a job by removing traces of the offense from your record.

What are the drawbacks of an Expunction? An Expunction clears State offenses from State and private agencies only. That means Federal Agencies, such as the FBI and Homeland Security can ignore a Texas Judge's Order. Up until the year 2000, the federal agencies tended to comply anyway, however presently it is unknown whether the FBI and federal agencies comply with an Expunction Order in any way. Texas DPS does send a notice of the Expunction to the FBI, but little to nothing is known concerning what the FBI does with with information.

What are my other options? An Expunction is the best way to clear your criminal record; it efficiently and completely erased all State records of the arrest and court proceedings. If your case was dismissed, then Expunction is the way to go.

Read more at our main law site: Austin Expunction Attorney

Bait Bikes Theft in Austin: Entrapment or Impulsive Theft?

A rash of bike thefts in Austin, Travis County (and probably many major cities) has prompted Austin Police Department to focus on Bike Theft crimes downtown, by leaving high priced bicycles at street poles, fences, and sidewalks across the city -- unlocks and unguarded.

Many of these "bait bikes" are left on Campus at UT, and all are equipped with a tracking GPS linked to Austin Police computers.

While some might be locked with a cheap chain or other minor security measure, many are merely leaning against a bike rack, or wrapped to a light pole by an unlocked bike chain.

So what happens when someone decides to take one of the expensive, new bikes? Well, Austin Police tracks the movement and and swoop in for a Theft Arrest.  And, since the bike is expensive (typically around $650-800), and since they include the price of the GPS unit which is attached to the bike (and likewise stolen -- valued at nearly $400), the grand total of the Theft gets the person to a Class A Misdemeanor Bike Theft.

So the first thing people say, is: Entrapment!  Unfortunately, Entrapment is a very narrow defense, meaning it's only available in a few cases.  Theft in the above described situation would NOT be able to take advantage of Entrapment, because, put simply, the person was free to merely walk away.  There was no trap that forced the person to act illegally; instead, the legal course of action would have been to keep walking, which the person was free to do.

A potential defense, although not a good one, could also be Abandoned Property.  The problem is that an Abandoned Property Defense requires the person finding the property to do several things BEFORE taking the item, such as (among other things) trying to find the rightful owner.  While an Abandoned Property defense could work, more information and investigation would be needed to show that there was no Theft.

The best option, now that you know the dangers of Bait Bikes, is to avoid the bike at all costs.

New Arrest Warrant Search and Information Site for Austin, Travis County

A new Arrest Warrant information site has just been unveiled, at austinwarrantsearch.com.  Austin Warrant Search complies all arrest warrant information on one easy to use website, offering online databases for the Travis County Sheriff's Office as well as the Austin Police Department.

It also includes Del Valle jail information and directions, and a bail bond section explaining bonds and the process in Austin.

Open Container on a Weekend Drive in Austin? Think Again!

It's been a long week at work.  You need to unwind, to really feel that the work week is over and weekend has arrived.  You don't have time to stop at your favorite bar or tavern, so what's the next best thing?  grab a cold beer can from the gas station and have a few sips on your commute home.

This used to be a very common scenario in Austin, Travis County, and Texas in general, until a few years ago.  Prosecutors and private interest groups adamantly pushed for Open Container laws, despite the fact that there is nothing illegal about drinking and driving under the legal limit of .08% BAC.

But on your drive home each Friday (and some weekdays) you can still see some people, regardless of the laws, getting an early head start for the weekend.  Some don't even try to hide it.  Others at least pour the beer into a soda cup.  Either way, a person can find themselves in an expensive mess, should an officer pull them over.


Section 49.031 of the Vehicle Code provides that "Possession of Alcoholic Beverage in a Motor Vehicle," or simply an Open Container in a car, is illegal.  It's a Class C Misdemeanor, unless there's an open container during a DWI arrest (which then carries mandatory jail sentences).

Most people in Austin believe an Open Container just means a beer can or bottle that's open.  But lets take a look at the statute.  An "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.

So would an empty beer can from last week count? It might, if the officer can see any amount of liquid inside.  What about a re-corked bottle of wine you wanted to save after going out to a friends house last night?  Sure, that counts too, but there's a little more to the law.  Of issue if where the open container is located.

It's illegal to have an open container in the Passenger Area of the vehicle.  So what does the Passenger Area encompass?  "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. Pretty vague  right?  Luckily the statute clarifies a little bit by indicating the term does not include: (A) a glove compartment or similar storage container that is locked;
(B) the trunk of a vehicle; or (C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.

So those are the areas you should keep the alcohol you're transporting, if you don't want to get hit for an Open Container ticket.  Notice how those areas make it more difficult (if not impossible) for you to actually sample the beverage while driving.  Of course, even if you manage to stash the bottle or can when you're pulled over, chances are the officer saw you drinking from the open container while driving; unless you were stopped for another infraction.

With hefty fines and the potential of a conviction on your record -- not to mention giving officers probable cause to search you car and maybe find something worse than an open container -- it may be best to buy a whole 6-pack and wait until you get home.

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Check out more information about alcohol related offenses at: www.drunkinpubliclawyer.com, or www.lawofficeofrobertkeates.com.

Public Intoxication and Formula 1 Racing in Austin

With Formula 1 Racing coming to Austin Texas, there are many things to celebrate.  Just be wary when you're downtown celebrating too much.  The downtown area of Austin is known for many things -- including the unfortunate arrest for Public Intoxication.

Public Intoxication is a Class C Misdemeanor, but because of the nature of the offense (being drunk), officers can take you to jail until they release you with a citation.  But that's just the start of it.  I've represented many people who were merely stopped by officers for PI, and then upon arrest, the officers found marijuana on them, leading to the more serious Class B Misdemeanor Possession of Marijuana.

What makes it illegal?  Texas Penal Code Sec. 49.02.  makes it a crime for a person to appears in a public place while intoxicated to the degree that the person may endanger the person or another.  That's it.  Notice how vague that statute is?  Unfortunately, it's not too vague as to cause the Courts to Dismiss the case and make the legislature rewrite the law -- but, it's vague enough to give arresting officers a lot of leeway in citing and arresting you.

Consider the part of Texas Penal Code Sec. 49.02 that says "intoxicated to the degree that the person MAY endanger."

So what are the Punishments? Well, as far as the upfront penalties for a Public Intoxication ticket, it's not so bad.  Class C Misdemeanors are punishable by fine only (up to $500), once you're released on the citation.  Austin is usually a couple hundred dollars.  

But, there are other consequences for just paying the fine on your PI ticket.  First, paying the fine means you'll be pleading No Contest or Guilty.  Both mean exactly the same thing, except that it's harder to sue you if you plead no contest.  But who's going to sue you merely because of a PI?  So a No Contest plea doesn't help at all.  It's still a conviction on which the Court found you and entered Guilt.  

If you've had multiple PI tickets, each ending as a Conviction, in the past, then the prosecutor can charge your Public Intoxication as a Class B Misdemeanor, meaning you could face up to a maximum of six months in state jail and fines of up to $2000. 

But Public Intoxication tickets are probably most harsh for those younger than 21 years of age.  The PI ticket is still considered a Class C Misdemeanor with fines up to $500 -- BUT, a conviction for a minor will Suspend his or her Driver's License or delay the ability to obtain one.   If you're under 21 and you've already had a PI conviction -- try to avoid the 2nd one.  Because for minors who have suffered two priovious convictions, the 3rd PI offense is punishable by: (1)  a fine of not less than $250 or more than $2,000;(2)  confinement in jail for a term not to exceed 180 days; or (3)  both the fine and confinement.

If you've been cited or arrested for Public Intoxication -- whether downtown in Austin for Fomula 1 or just while you're walking around 6th Street, give us a call for a Free Consultation at 512-216-3211, or visit us at the Law Office of Robert Keates.