Gurski Law FirmGurski Law Firm2025-03-31T13:03:58Zhttps://www.gurskilaw.com/feed/atom/WordPress/wp-content/uploads/sites/1204184/2021/11/cropped-Favicon-Icon-1-32x32.pngOn Behalf of Gurski Law Firm<![CDATA[Texas has the 5th highest drunk driving rate]]>https://www.gurskilaw.com/?p=472422022-06-18T03:05:05Z2022-06-18T03:05:05ZLast year was deadly for Texas drivers
The year 2021 was a tragic one for many drivers in Texas. This was a year that saw the highest number of drunk driving accidents recorded in several decades.
The high DUI Severity Score for Texas was calculated by the number of DUI arrests per 100,000 drivers and DUI fatalities per 100,000 drivers. Other factors included the number of DUI road fatalities versus all road fatalities as well as the combined total number of DUI road fatalities.
The result was yet another high placing on the list for one of the nation's largest and most populous states. Even though Texas does not have a very high DUI arrest rate, it definitely has one of the nation's highest DUI death rates. The discrepancy between these two figures is a source of worry for many experts.
Rising alcohol sales may be to blame
Some experts have blamed the rising number of DUI fatalities on the higher amounts of alcohol that were sold during the recent pandemic. This was a time during which the rate of DUI fatalities among people aged 25 to 34 increased by a very high rate.
Measures are being taken by authorities to bring down the number of crashes and fatalities related to alcohol. Many are mulling over whether to put the emphasis on driver education or increased penalties for DWI and DUI arrests. Meanwhile, fatal crashes continue to happen on Texas roads.]]>On Behalf of Gurski Law Firm<![CDATA[The importance of plea bargains in the court system]]>https://www.gurskilaw.com/?p=472382022-06-05T23:24:25Z2022-06-05T23:24:25ZCharge reductions
It is not unusual for a prosecutor to file the highest charge they can level based on supporting material evidence. This gives them some latitude in shifting a charge downward when a criminal defense strategy posits that the defendant has been excessively charged by questionable evidence. In addition, a plea bargain even in a serious or obvious criminal situation can help the court better utilize their time as much as possible with respect to quicker case adjudication.
Deferments and dismissals
As an alternate to a guilty plea, some prosecutors are receptive to bargaining for case deferments and even dismissal when there is insufficient evidence to convict a defendant in a trial. While the criminal defense argument will always be for a dismissal, prosecutors tend to be more acceptable to a case deferment or diversion agreement.
Case diversion is actually a growing trend among many state court systems. However, not all prosecutors are open to case negotiations for those with a significant criminal history or in very serious cases where public safety could be a real concern.]]>On Behalf of Gurski Law Firm<![CDATA[Tampering with serial numbers is a theft crime in TX]]>https://www.gurskilaw.com/?p=472342022-05-20T02:24:30Z2022-05-20T02:24:30ZThe purpose of serial numbers
Serial numbers are long numbers that are assigned next to barcodes. The numbers are used to identify specific products for purchase or rental. The numbers are recorded in a system and used to track down products that have been stolen or counterfeited. Nearly every item that is sold contains a serial number.
Barcode technology and software are used to track products to any location. Most retailers use barcodes and numbers to track their inventory and prevent monetary losses. Tracking theft is similar to recording and tracking fingerprints to identify criminals.
The types of offenses
The crime of tampering with these numbers includes removing or altering the labels that contain the numbers from the products. Additional crimes include possessing, selling or buying products, knowing that the numbers have been removed, altered or obliterated. The courts define an alternation as making the number unreadable instead of just defaced. The law does not apply to a number that remains legible.
A serial number is a unique identifier for every product that is sold or purchased. Tampering with serial numbers is a misdemeanor in Texas. Any person who intentionally removes, alters or obliterates this number is guilty. This includes anyone who possesses, sells or buys a product with a number that he or she knows has been tampered with.]]>On Behalf of Gurski Law Firm<![CDATA[Drug charges in Texas can affect you ability to get a job]]>https://www.gurskilaw.com/?p=472322022-05-11T21:40:47Z2022-05-04T21:38:32ZTypes of drug charges
Generally, drug charges fall into two categories: possession for personal use and possession with the intent to distribute. A charge for possession of a small amount of marijuana or a controlled substance is usually far less serious than if you're caught with many drugs that you intend to sell to someone. While some employers may not care about a minor drug charge that shows up on a background check, others will, so it's often in your best interest to fight the charges or reduce them. Doing so is especially important if the possession charge is your first one.
Going to court can benefit you if you are not convicted. Among the outcomes are:
• The charges are dropped or dismissed.
• You are sentenced to a diversion program, with the charges dropped upon successful completion.
• You go to drug court, where you complete a program, and the charges are dropped.
• You agree to a plea bargain for lesser or dropped charges.
How criminal defense can work in your favor
Not all drug possession charges are legitimate. A sound criminal defense strategy will attempt to show that police or another individual may have set you up or that the drugs were obtained by illegal search ad seizure.
In other situations, going through a structured program might be your best alternative, especially with regard to getting employment. You should also remain aware that federal drug charges are usually more severe than state charges and carry heavier sentences.]]>On Behalf of Gurski Law Firm<![CDATA[Preventing juvenile crimes]]>https://www.gurskilaw.com/?p=472272022-04-20T21:46:40Z2022-04-20T21:46:40ZCurtailing juvenile offenses and criminal behavior
The 1977 documentary "Scared Straight" provided the public with a glimpse at juvenile awareness programs. These programs try to frighten young people by showing them what prison might be like. Unfortunately, some studies suggest that these programs don’t always discourage criminal behavior. The programs could even lead to the opposite effect, as attendees get into more trouble afterward.
Other options, such as cognitive-behavioral therapy, may prove beneficial. CBT may address the underlying issues that lead a young person to commit a crime. Hopefully, therapy may motivate the young one to stay away from criminal behavior.
When a young person commits a crime, probation might result, which is preferable to jail time. Intense probation supervision could help cut down on repeat offenses since monitoring behavior may force the young person down a better path.
The juvenile criminal justice system
Young persons charged with juvenile crimes may find themselves facing challenges in court. Some might face being charged as an adult, and others might struggle with false confessions procured by police misconduct.
Other issues in juvenile court could include probation violations and plea bargain arrangements. The court might also hear a defendant's plea for lesser sentencing or leniency. What happens in court could depend on the specifics of the case.]]>On Behalf of Gurski Law Firm<![CDATA[What to know about field sobriety tests]]>https://www.gurskilaw.com/?p=472232022-04-06T22:23:02Z2022-04-06T22:23:02ZStandard field sobriety tests
During the walk-and-turn test, the driver takes nine steps in a straight line, heel-to-toe, counting the steps. The driver must keep arms at their sides, turn on one leg, and repeat the other direction. The officer watches for several cues, which include using arms to balance, getting off the line, and following directions.
The one-leg stand test requires the driver to lift one foot 6" from the ground and balance for 30 seconds. The officer watches for using arms for support, putting a foot down, and swaying, which could indicate drunk driving.
The horizontal gaze nystagmus test checks the vision of the driver by having them follow an object. The test checks for involuntary eye-blinking at 45-degrees, and the jerking becomes more noticeable the more alcohol a person drinks. The officer also looks for smooth pursuit and maximum deviation, or outer eye jerking for four seconds.
Defenses to field sobriety tests
The accuracy of field tests is highly debated, and a driver can use several defenses to challenge results. Medical conditions, such as inner ear infections and musculoskeletal conditions, may make the test hard for some drivers. Age, weight, weather, noises from traffic, and high heels may cause sober drivers to fail the tests.
The NHTSA also has strict guidelines on how the officer is to conduct the tests, such as an even surface. The officer must demonstrate the test, not skip steps, and have the proper training, or the tests may not be admissible.
Refusing to take a field sobriety test is permitted if the driver has not been arrested. If the driver has been arrested, they could face license suspension. A good defense may be able to find a flaw in the tests.]]>On Behalf of Gurski Law Firm<![CDATA[The types of personal property crimes]]>https://www.gurskilaw.com/?p=472012022-03-23T22:57:17Z2022-03-23T22:57:17ZTheft and larceny
Theft is the stealing of contents from a property without the owner's permission. Larceny is a specific term used for a similar type of crime. Theft can occur with tangible items, such as artwork or jewelry, or intangible items, such as intellectual property theft.
Robbery
Theft and robbery are often used interchangeably but incorrectly. Robbery is theft that occurs through the use of force or violence. It is an aggravated form of theft that involves fear, threats and intimidation. Forcing someone to hand over his or her personal property by force counts as robbery.
Burglary
Burglary differs from robbery because the crime often occurs in secrecy. A burglary allows the illegal entry of a home or building with the intention to commit a crime. Theft does not have to occur for it to count as burglary.
Trespassing differs from burglary because it mostly involves unlawful entry without an intent to commit a crime. Trespassing often occurs on land while burglary occurs in buildings.
Lawyers who provide criminal defense advise their clients to understand the basic definitions of crimes. Knowing the type of personal property crime allows a suspect to understand the severity of the crime and its punishment.
Understanding the different types of crimes
Millions of dollars worth of property crimes and personal thefts are reported every year in the U.S. Theft occurs more often than robbery and burglary. Every crime is serious, but one that includes force or threats carries a higher fine and a longer prison sentence.]]>On Behalf of Gurski Law Firm<![CDATA[Standard field sobriety tests for drunk driving]]>https://www.gurskilaw.com/?p=471962022-03-10T21:26:12Z2022-03-09T20:00:55ZStandard field sobriety tests
There are three tests the officer commonly uses to check for drunk driving: walk-and-turn, one-leg stand, and horizontal nystagmus. The walk-and-turn test instructs the driver to take nine steps heel-to-toe in a straight line, beginning at the officer's command. Once they complete nine steps, they turn on one leg and repeat the other way, while the officer watches for cues.
During the horizontal nystagmus gaze test, the driver follows an object with their eyes, such as a pen. The officer checks for three cues between each eye, which are smooth following, involuntary blinking at 45 degrees, and maximum deviation. Maximum deviation is blinking that occurs within four seconds after the eye has turned completely to the side.
The one-leg stand test requires the driver to raise one leg off the ground and balance for 30 seconds. The officer checks for swaying, hopping, putting the foot down early, and balancing with the arms.
Why sober drivers may fail
Many sober drivers fail these tests. Several factors can cause this to happen, including age, weight, test environment, weather, and medical issues. For example, sober drivers with back and leg problems or inner ear issues may fail the walk-and-turn test.
Officers must also follow the NHTSA instructions to score tests correctly and stay updated on training to avoid inaccuracy. If the driver is wearing heels over two inches, the officer should allow the driver to remove them.
Drivers may commonly refuse to take field sobriety tests without penalty. If they have taken the tests and failed, they can challenge the accuracy with valid defenses.]]>On Behalf of Gurski Law Firm<![CDATA[The definition of “theft by check” in Texas]]>https://www.gurskilaw.com/?p=471942022-02-24T20:20:51Z2022-02-24T20:20:51ZThe meaning of check fraud
Theft by check occurs when a check payment is issued, but the writer is found to lack sufficient funds in his or her bank to cover the payment. The act is classified as a crime and proves an intent to commit theft against the receiver of the check. This is also known as "writing a bad check" or "bouncing a check."
In some theft cases, the person who writes the check has no account with the issuing bank. Other times, the payment contains insufficient funds for at least 30 days after the check was issued. The check issuer may fail to cover the loss of the invalid check within 10 days of receiving notice.
This notice for a denied check has to be made in writing and sent to the check issuer's address. The full payment has to be made within 10 days, or else a crime of theft will be suspected. The bounced check can be used as a form of direct evidence that the issuer acted irresponsibly.
Protecting consumers from check fraud
In some cases, check issuers do not intend to write bad checks and don't know that their bank accounts have insufficient funds. They are given a 10-day notice to remedy the situation. After that time period, the receiver of the invalid check has the right to pursue a civil and criminal case against the issuer.]]>On Behalf of Gurski Law Firm<![CDATA[Should we let police lie to children?]]>https://www.gurskilaw.com/?p=471912022-02-09T03:24:45Z2022-02-09T03:24:45ZJuvenile investigations
The first issue with misrepresenting information in a juvenile crimes investigation is coercing the suspect to admit guilt falsely. The concept that the court will use anything you say against you is valid, and those who are not yet adults may not have a firm understanding of the police officer's mission. They primarily want to arrest suspects for a variety of reasons that include power and ego.
Ongoing developmental issues
It is also a known fact that children are still in the developmental stage with respect to emotional growth and personally evolving into a productive member of society. Those who are forced into the prison system early as juvenile criminals tend to get caught in a revolving door, as incarceration often teaches them how to be more effective criminals. In several ways, lying to juveniles in an attempt to extract a confession is effectively manufacturing criminals for life-long internment into the system.
These are just the two primary reasons lying to juveniles during an investigation is not acceptable. While almost every state allows this practice, it assuredly should be reviewed throughout the nation.]]>