Ranney Law Ranney Law 2026-05-26T15:52:13Z https://www.wilcodefender.com/feed/atom/ WordPress /wp-content/uploads/sites/1204020/2023/02/cropped-Ranney-law-site-icon-32x32.png On Behalf of Ranney Law <![CDATA[Navigating the new DWI laws in Texas for 2026]]> https://www.wilcodefender.com/?p=48344 2026-02-23T15:30:23Z 2026-02-23T15:30:23Z Stricter penalties for driving in school zones Drivers who are caught driving intoxicated in a school zone can face a state jail felony. The penalty can only apply if the courts find you guilty of these factors:
  • You were operating the vehicle within a designated school crossing zone.
  • You drove during the hours when the reduced speed limit was active.
  • You had a blood alcohol content (BAC) of 0.08 or higher and lost your normal faculties.
If convicted, the conviction will stay on your record permanently, which comes with significant disadvantages in your livelihood.

Increased enforcement to obtain blood warrants

Under the new amendment to the Code of Criminal Procedure, any law enforcement officer can execute a blood search warrant in the county of issuance or any adjacent county. This means police no longer have to wait for local help or drive across county lines to execute a warrant.

Additional rules for alcohol sales

Senate Bill 650, or the Deshawn Jagwan Act, changes how you buy alcohol in Texas. Before this law took effect on September 1, 2025, cashiers usually just glanced at your identification card (ID). Now, every off-premises sales store must use an electronic scanner to read the barcode on your ID. This ensures that clerks visually inspect IDs, stopping people from using fake or borrowed ones. However, the Texas Alcohol Beverage Commission (TABC) has provided a grace period for enforcement until September 1, 2027, to give businesses ample time to get their scanners ready.

Facing higher stakes for DWI

With the new laws in effect, the legal risks of impaired driving are at an all-time high. If an officer arrests you for DWI, avoid leaving your future to chance. Seeking legal counsel is the best way to learn your options for avoiding a conviction.]]> On Behalf of Ranney Law <![CDATA[When Is Drug Possession A Felony In Texas?]]> https://www.wilcodefender.com/?p=48307 2025-09-24T20:11:25Z 2025-09-18T04:12:35Z In Texas, whether prosecutors treat drug possession as a felony depends on two factors: the type of drug and the quantity involved. The state divides substances into “penalty groups” under the Texas Controlled Substances Act and each group carries different punishments. As the amount increases, the penalties escalate.

How Texas decides felony vs misdemeanor

Texas law classifies drugs into penalty groups ranked by risk. Lawmakers place serious drugs such as heroin and methamphetamine in the highest groups while substances like Xanax or Valium fall into lower groups. The law classifies marijuana separately. Possessing small amounts of lower-group drugs may result in a misdemeanor but possessing even trace amounts of higher-group drugs counts as a felony under Chapter 481 of the Texas Controlled Substances Act.

Typical felony possession levels

Texas divides controlled substances into several groups and each group sets its own thresholds. The penalties intensify as the amount rises.
  • Group 1 (heroin, cocaine, meth): Possessing less than one gram already counts as a felony and larger amounts can carry sentences of years or even decades in prison.
  • Group 1-A (LSD): The law measures LSD in “units” instead of grams. Fewer than 20 units still count as a felony.
  • Group 2 (ecstasy, PCP, hashish): Possessing under one gram already triggers felony charges with punishments growing as the amount increases.
  • Group 3 (Xanax, Valium, steroids): Possessing fewer than 28 grams may remain a misdemeanor but any higher amount qualifies as a felony.
  • Group 4 (certain opioids and compounds): This group follows the same rules as Group 3.
No matter the group, once the possession crosses a statutory weight limit, the charge quickly escalates from misdemeanor to felony.

Other facts that make charges worse

Certain circumstances can raise the seriousness of the charge. Police who arrest someone near a school zone or daycare can elevate the penalties. Prosecutors may also use evidence of intent to sell or prior convictions to increase the sentence.

Moving forward after charges

If prosecutors charge you with drug possession in Texas, the outcome depends heavily on the drug type and the quantity. Because the penalties range from minor misdemeanors to life-altering felonies, you may benefit from reviewing your case with a defense attorney who regularly handles drug cases in Texas courts.]]> On Behalf of Ranney Law <![CDATA[How can I remove a DWI from my record in Texas?]]> https://www.wilcodefender.com/?p=48293 2025-07-03T18:18:31Z 2025-07-01T20:15:23Z DWI from your record in Texas, but only under specific conditions. The law allows two options: expungement or an order of nondisclosure. Whether you qualify depends on how your case ended and whether you meet strict legal requirements tied to that outcome.

Expunging a DWI

You may be able to clean up your record through a legal process called expungement. If granted, it’s like the arrest never happened. You can legally deny it on job applications, housing forms and background checks. You may qualify if:
  • Your case was dismissed
  • You were found not guilty at trial
  • You received a pardon
Here’s what to expect:
  • File a petition in the same court where the case was handled
  • A judge will review your petition and decide whether to grant it
  • If approved, all traces of the arrest are destroyed and removed from public databases
Expungement offers a clean slate but applies only in limited cases. It likely doesn’t apply if your case ended in a conviction or you received deferred adjudication.

Order of nondisclosure for DWI

An order of nondisclosure seals your DWI record from public view. Employers, landlords and most private entities can’t access it. However, law enforcement, licensing boards and certain government agencies still can. Under Texas Government Code § 411.0726, this option is available only in specific cases. It gives first-time offenders a second chance without erasing the record. You may qualify if:
  • You received deferred adjudication for a first-time DWI
  • You successfully completed probation
  • Your BAC was under 0.15
  • No accident involved another person
  • You have no disqualifying criminal history
Here’s what to expect:
  • You must file a petition in the same court that handled your case
  • A judge will review your eligibility and decide whether to grant it
  • If approved, your record becomes inaccessible to most employers and background checks
Nondisclosure doesn’t erase your DWI, but it shields it from most of the public.

Why eligibility isn’t always clear

Texas law sets strict rules for clearing a DWI, but those rules don’t apply the same way to every case. A lawyer can help you understand your options, avoid delays and protect your chance at a fresh start.]]> On Behalf of Ranney Law <![CDATA[What is the 3 strikes law in Texas?]]> https://www.wilcodefender.com/?p=48255 2025-02-05T21:43:10Z 2025-02-05T21:43:10Z How does the three strikes law work? The law targets individuals with a history of committing serious or violent felonies. If you have two prior felony convictions, a third conviction can lead to significantly longer prison terms. In Texas, penalties vary based on the severity of your past offenses. For example, if you've been convicted of two first-degree felonies, your third felony conviction could lead to a much harsher sentence. Some crimes may even result in a life sentence. However, factors like prison overcrowding and effective criminal legal defense can significantly affect sentencing outcomes.

Which convictions are considered for the three strikes law?

The law focuses on those who have committed serious violent offenses, crimes against children and those involving a weapon. The following crimes typically qualify:
  • Burglary
  • Robbery
  • Arson
  • Kidnapping
  • Murder
  • Rape
  • Child molestation
  • Use of a weapon during a crime
  • Crimes resulting in great bodily harm
  • Crimes involving explosions
Facing a third strike for one of these offenses can lead to severe consequences, including lengthy prison sentences. Obtaining guidance from a skilled criminal defense attorney is crucial if you face additional penalties. An experienced lawyer understands the gravity of crimes falling under the three strikes umbrella and can fight to reduce penalties and protect your rights.]]> On Behalf of Ranney Law <![CDATA[Who is eligible for an expunction in Texas?]]> https://www.wilcodefender.com/?p=48237 2024-11-25T10:07:09Z 2024-11-25T10:07:09Z Those never convicted Sometimes, police officers arrest individuals, but the state never pursues charges. Other times, people may undergo arraignment or indictment, only for the state to dismiss charges before their trial. Others may successfully defend against criminal charges. Those who avoid a conviction can potentially qualify for an expunction under Texas state statutes.

Those who secure a pardon or successfully appeal

In some cases, those convicted of a crime can later prove that the courts misinterpreted the law. Successful appeals can sometimes result in the courts reversing a prior conviction. Those who have appealed may qualify for expunctions. Similarly, individuals who successfully obtained pardons at the state or federal level may be eligible for expunction when executive authority overrides their prior conviction.

Those convicted of juvenile offenses

Some individuals convicted of minor offenses as juveniles are eligible for expunction under Texas state law. They can request that the courts seal the records of their prior offense so that they can move on with their lives as adults.

Those with minor criminal record

In most cases, individuals who plead guilty or get convicted of offenses are not eligible for expunction. However, certain low-level crimes are potentially eligible for expunction. The only actual adult convictions eligible for expunction are certain Class C misdemeanor offenses. Pursuing an expunction can help people develop their careers, improve their housing opportunities and continue their education. Those who have had a prior brush with the criminal justice system may need help reviewing their records to determine if they may be eligible for expunction, and that’s okay.]]> On Behalf of Ranney Law <![CDATA[What happens after your first DWI in Texas?]]> https://www.wilcodefender.com/?p=48217 2024-10-11T20:50:20Z 2024-10-10T10:36:08Z arrested for a DWI for the first time. Exploring these realities can help you understand whether or not you could potentially lose your license and the possibility of jail time.

Can you lose your license for a first DWI?

Your driving privileges may be suspended for 90 days and one year for a first-time DWI offense. One critical factor that can affect the length of your license suspension is whether you refused to submit to a blood or breath test during your arrest. Did you know that the Lone Star State has an implied consent law? This means that by operating your vehicle and sharing the roads with other users, you agree to undergo a blood or breath test if suspected of DWI. You automatically relinquish your driving privileges if you decline the test, regardless of whether you are ultimately convicted. In such cases, the suspension period can range from 180 days to two years.

Is jail time mandatory for a first-time DWI in Texas?

Under Texas Penal Code - PENAL § 49.04, the minimum jail sentence for a first DWI conviction is 72 hours by law. However, suppose there were any aggravating factors, such as having an open alcoholic beverage within your reach at the time of the arrest. In that case, the minimum jail sentence could increase to six days. It is important to note that, in many cases, first-time offenders are offered probation instead of jail time, especially if the offense was not associated with an accident or injury. Probation may include conditions such as:
  • Attending alcohol education courses
  • Performing community service
  • Reporting regularly to a probation officer
Probation can last up to two years, and failure to meet the conditions can result in the revocation of probation and a potential jail sentence. A first-time DWI in the Lone Star State should not be taken lightly, as legal and administrative penalties can be severe. Suppose you’re fighting a DWI charge; a suitable course of action is to lean on the knowledge of a reliable legal team. They can help you to seek the most favorable outcome to your unique circumstances.]]> On Behalf of Ranney Law <![CDATA[Second chances and missed steps: Probation violation penalties]]> https://www.wilcodefender.com/?p=48008 2024-07-01T14:53:28Z 2024-07-01T14:53:28Z Probation is a second chance for individuals convicted of criminal offenses, but it comes with certain restrictions that individuals should not violate. When an individual is put on probation, they can remain in their community under the court’s supervision. The restrictions of probation can be lifted once an individual serves their sentence. However, they may be required to serve the rest of their sentence in jail or prison if they violate the terms of their probation.

Types of probation violations

There are two main categories of probation violations that individuals may commit. The first category is technical violations, which arise if the offender does not fulfill their probation’s stipulated terms and conditions. For example, an offender commits a technical violation if:
  • They don’t make their appointments with the probation officer
  • They don’t complete a mandated treatment program
  • They violate curfew
  • They travel out of a designated jurisdiction without permission
Even though these violations don’t involve new instances of criminal activity, they still demonstrate a breach of trust, which the court does not take lightly. As a result, the defendant may face significant penalties. The second category is substantive violations, which arise when a defendant engages in criminal activity during probation. These violations are taken more seriously than technical violations because they demonstrate that the defendant is still inclined to commit crimes. Depending on the circumstances of a case, the court may decide that the defendant is still a threat to public safety. As a result, the court may decide to revoke probation entirely and impose the original suspended sentence.

Penalties for probation violations

The penalties for violating probation hinge on:
  • The nature of the violation
  • The offender’s criminal history
  • The court’s discretion
For minor technical violations, the probation officer may issue the offender a warning not to repeat the violation. However, if the violation is significant, the presiding judge may decide to increase supervision, which can look like:
  • Additional meetings with the probation officer
  • More stringent curfews
  • Compulsory attendance of additional treatment programs
In some cases, the court may extend probation to provide more time for rehabilitation. Offenders who feel they’ve been subjected to unreasonably harsh penalties for probation violations can benefit from appropriate legal guidance. Understanding their legal options can make their situation clearer and help them manage expectations.]]> On Behalf of Ranney Law <![CDATA[Not all drugs are created equal: Charges vary by substance]]> https://www.wilcodefender.com/?p=47997 2024-03-29T16:30:13Z 2024-03-29T16:30:13Z Decoding drug schedules: A federal classification system The foundation for understanding drug charges lies in the Controlled Substances Act, a federal law that classifies drugs based on their potential for abuse and accepted medical use. This classification system, known as the scheduling system, places drugs into five categories (Schedules I-V).
  • Schedule I: Drugs with a high potential for abuse and no currently accepted medical use (heroin, LSD, ecstasy)
  • Schedule II: Drugs with a high potential for abuse but some accepted medical use (cocaine, methamphetamines, oxycodone)
  • Schedule III: Drugs with a moderate potential for abuse and some accepted medical use (anabolic steroids, ketamine)
  • Schedule IV: Drugs with a low potential for abuse and some accepted medical use (Xanax, Valium)
  • Schedule V: Drugs with a low potential for abuse and accepted medical use (cough syrups with codeine)
Generally, penalties for possession increase as you move up the schedule. A Schedule I drug like heroin will carry far harsher consequences than a Schedule V drug like codeine cough syrup.

State vs. Federal laws: A patchwork of penalties

While the scheduling system provides a baseline, it's important to remember that both federal and state laws can influence drug charges. Texas categorizes controlled substances into penalty groups. These groups rank drugs based on their perceived addictive potential and risk to public safety. Penalty Group 1, for instance, contains the most dangerous and addictive drugs like heroin, cocaine and methamphetamine. The weight of the controlled substance also plays a crucial role. Each penalty group has specific weight thresholds determining whether the offense is a misdemeanor or a felony. Possession of smaller quantities typically falls under misdemeanors, carrying less severe penalties like fines and jail time. Conversely, larger quantities often translate to felony charges, potentially leading to significant prison sentences and hefty fines. Understanding how drug charges vary depending on the substance is crucial. The scheduling system and Texas state laws all play a role in determining the legal ramifications. If you face drug charges, seeking legal counsel can help to protect your rights and navigate the legal system accordingly.]]> On Behalf of Ranney Law <![CDATA[The importance of dealing with juvenile criminal cases ASAP]]> https://www.wilcodefender.com/?p=47992 2024-01-25T13:35:21Z 2024-01-25T13:35:21Z teenagers are still growing and might not fully comprehend the consequences of their actions. It’s important to deal with your teenager’s juvenile criminal charges, should any arise, as soon as possible. This way, their one-time poor judgment will be less likely to cast a dark shadow on their future.

Nipping the problem in the bud

Swift intervention can prevent the entrenchment of criminal behavior in young minds. By addressing these issues promptly, parents can guide juveniles towards a more positive trajectory, potentially steering them away from a life of crime. Moreover, targeted programs can help rehabilitate young offenders. This approach may provide them with the tools to build a brighter future.

Mitigating long-term consequences

Juvenile criminal activities have a ripple effect on communities. Addressing these cases is akin to addressing a potential wildfire before it spreads uncontrollably. It can safeguard the community against the long-term consequences of juvenile delinquency, potentially fostering a safer and more secure environment for all. By doing so, responsible parents and guardians can protect the youth from future incarceration and create a positive atmosphere for growth and development.

Rehabilitation over retribution

The traditional approach of harsh punishment for juvenile offenders often proves counterproductive. It may breed resentment and further entrench them in a life of crime. Urgent intervention allows parents to focus on rehabilitation rather than retribution. By providing tailored support, counseling and educational opportunities, guardians can address the root causes of delinquent behavior.

Setting a positive precedent

Swift action in juvenile criminal cases sends a powerful message to society about the importance of accountability and redemption. It establishes a precedent that values the rehabilitation of young individuals over punitive measures. This, in turn, contributes to shaping societal values and fostering empathy and understanding. By prioritizing early intervention, guardians can build a society that believes in second chances and the potential for positive change. The urgency in dealing with juvenile criminal cases is not just a matter of legal concern – which is why it’s important to seek legal guidance as swiftly as possible – but a moral imperative. By acting promptly, parents can help protect the futures of their teenagers, promote rehabilitation and contribute to shaping a more compassionate society.]]> On Behalf of Ranney Law <![CDATA[Will a Texas felony affect an individual’s personal rights?]]> https://www.wilcodefender.com/?p=47989 2024-10-03T16:18:38Z 2023-12-01T12:16:53Z Voting rights Many people have heard that felons do not have much influence on the democratic process. In Texas, someone recently convicted and currently serving a sentence for a felony offense is unable to vote. Once someone has completed their sentence and exited state facilities, they will regain the option of voting during elections. A felony conviction will therefore have a temporary impact on someone's voting rights.

Firearm ownership

Texas has numerous laws reinforcing the Second Amendment. However, convicted felons are among those subject to firearm ownership restrictions. Someone with a felony offense on their record will be subject to firearm ownership restrictions for five years after serving their sentence. The start date would be after someone's release from state custody and their completion of parole or probation. Eventually, however, those who avoid reoffending can regain their legal firearm ownership rights.

Driving privileges

Occasionally, felony offenses may include driver's license consequences among the penalties imposed by a judge. Someone accused of a felony driving while intoxicated (DWI) offense could lose their driver's license as a consequence of their conviction. Certain other offenses, including controlled substance offenses involving defendants under the age of 21, could also potentially lead to a judge suspending someone's driver's license. In most cases, however, licensing penalties are neither mandatory nor automatic after a felony conviction. Most of the penalties imposed by the courts that affect someone's civil rights are temporary. As a result of all of these consequences, the choice to defend assertively against pending charges is typically preferable to dealing with restrictions on one's liberties after pleading guilty.]]>