Houston Criminal Defense Lawyer Dallas, San Antonio, Houston and Austin Offices of the Charles Johnson Law Firm Houston Criminal Defense Lawyer
Charles Johnson Law Firm
Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Charles Johnson Law Firm Reviews See Our Case Results About Us Resources Contact Us Make a Payment to the Charles Johnson Law Firm
Houston Criminal Defense Lawyer
 
Rotating1
Houston Criminal Defense Lawyer
Call now
Houston Criminal Defense Lawyer
 

Houston Lawyer Charles Johnson


Tag Archive for accident

Houston Criminal Lawyer: Arrested For Intoxication Manslaughter?

Recommended Houston Criminal Lawyer: Intoxication Manslaughter
No one truly intends to commit intoxication manslaughter. They do not wake up and say “I’m going to get drunk tonight and drive and see who gets in my way.”

Accidents do happen and tragically, someone can die. Mitigating factors are thoroughly checked out such as whether the person broke any traffic laws, was driving with a suspended license, or if the person was negligent in some way. These are usually tried as misdemeanors. However, if a person is found to be intoxicated or under the influence of something, it is treated in Texas as a second degree felony and the prosecution goes after the person diligently. In intoxication manslaughter cases, the prosecution only has to prove that the driver was indeed, intoxicated. The term of incarceration could be anything from two years to twenty years.

If you have been charged with DWI after being in an accident that involved a death, you may be facing very serious charges of intoxication manslaughter. It is imperative that you speak with Houston Criminal Lawyer Charles Johnson as soon as possible after you have been charged, or think you may be charged. Attorney Johnson has the experience you can rely on for aggressive and effective defense strategies against the charges. The skilled attorneys at the Charles Johnson Law Firm do not believe there is any such thing as being slam-dunk guilty. No matter what the circumstances of the accident are, your personal story is behind the charges and will make a difference in the outcome of your case. We will make sure that the judge and jury know that this isn’t just about an intoxication manslaughter case. It is about you and your family.

Intoxication manslaughter is a Second Degree felony which holds people liable for any death which occurs because of criminal negligence, or a violation of traffic safety laws. A common use of the vehicular manslaughter laws involves prosecution for a death caused by driving under the influence (determined by excessive blood alcohol content levels set by individual U.S. states), although an independent infraction (such as driving with a suspended driver’s license), or negligence, is usually also required.

Intoxication manslaughter, vehicular manslaughter and other similar offences require a lesser mens rea (Latin for “guilty mind”. In criminal law, it is viewed as one of the necessary elements of a crime) than other manslaughter offenses. Furthermore, the fact that the defendant is entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance, is no defense. For example, in Texas, to prove intoxication manslaughter, it is not necessary to prove the person was negligent in causing the death of another, nor that they unlawfully used the substance that intoxicated them, but only that they were intoxicated, and operated a motor vehicle, and someone died as a result.

Types of Intoxication Manslaughter

In Texas, intoxication manslaughter does not only apply to automobile drivers. Individuals may be charged with this crime under any of the following circumstances:

If they are operating a car, truck, motorcycle, or any other type of motorized vehicle in a public place
If they are operating a boat, airplane, or amusement park ride
If they assemble an amusement park ride

If the alleged offender has done any of these things while intoxicated, and someone was killed by the vehicle they were operating or had assembled, they can be convicted of intoxication manslaughter. There is no requirement that the prosecutor prove negligence, that their intoxication was the direct cause of the crash, or that they were behaving unlawfully by using the substance that caused their intoxication.

Defenses For Intoxication Manslaughter

Intoxication manslaughter cases should be attacked on two fronts if the case is going to trial. Notwithstanding whether a person is or is not intoxicated, a good lawyer would examine the Texas Peace Officer collision report which was completed as part of the investigation. Just because a driver may be intoxicated does not mean that he should be held criminally liable for the death of another.

There have been cases where the deceased driver was as much at fault if not more at fault than the accused. Examples could include the deceased having run a red light, the deceased having operated his motor vehicle at night without lights, the deceased also being intoxicated, the deceased merging improperly into traffic, and the list goes on. A lawyer familiar with crash reconstruction and who has worked with reconstruction experts should be able to present this defense if it is available. The issue is one of causation and is set forth in Tex. Penal Code Section 6.04. In a nutshell, what 6.04 states is that if an accused’s conduct is insufficient in itself to cause the result, and the conduct of another contributed to the result and the contributing cause was sufficient to cause the result, the accused cannot be held liable.

A good accident reconstruction expert’s report may convince a prosecutor to agree to probation if causation is questionable. That in itself may be worth the investment in hiring both a reconstruction expert and a lawyer who knows how to present such findings.

The second line of defense is whether a person is intoxicated. Scientific evidence can be compelling for a jury. However, the State is allowed to rely upon opinion evidence based upon observations such as lack of coordination, blood shot eyes, smell of intoxicants on breath, slurred speech etc. Some of these symptom could be explained by lack of sleep, allergies, injury, but not all.

Most police departments have on board video cameras and video may very well have been used in this case. Video can be a two-edge sword. Many a video has convinced a defendant to make the best deal possible, while other videos have convinced an accused to take it to trial

In blood draws/test results, there are several considerations. A blood sample can be lost, yet there can be a medical record from a laboratory stating what the test result is. In fact, most hospitals don’t retain the blood samples, but for a very short period. If the blood draw was for medical treatment, sometimes there is a chain of custody problem that makes admission of the medical records unreliable. Most courts, when dealing with a chain of custody issue on medical records as the result of medical treatment rule that any problems goes to the weight of the evidence, not the admissibility, that is, the records gets admitted but the defense lawyer gets to argue that it is not reliable because of the poor chain of custody.

Mandatory blood draws can be attacked, however, you should hire a lawyer familiar with the statutory and administrative requirements for blood draws.

Houston Intoxication Manslaughter Defense Lawyer:  The Charles Johnson Law Firm

When you are charged with intoxication manslaughter or intoxication assault, you have more than just the prosecutor against you. You have the victim’s family and the public screaming for your head. You don’t have to go through this alone. The Charles Johnson Law Firm will fight aggressively to protect your rights and your future.

After a car accident in which there has been a fatality, it is an extremely upsetting situation for everyone involved. Law enforcement will collect evidence at the scene and this evidence is an important part of the documentation of the case. It is crucial that if you have been charged with intoxication manslaughter that you contact The Charles Johnson Law Firm quickly. The evidence in the case can be reviewed and an attorney can advise you what can be done in your case. Houston Criminal Lawyer Charles Johnson can offer a free evaluation of your case, and it is advised that you take advantage of this so it can be determined what can be done and what options may be possible in your case.

Houston Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted

Arrested for Intoxication Manslaughter? Avoid Conviction by Hiring the Best Houston Intoxication Manslaughter Attorney

Download “Arrested for Intoxication Manslaughter? Avoid Conviction by Hiring the Best Houston Intoxication Manslaughter Attorney” in PDF format

 

News Stories Related to Intoxication Manslaughter Arrest in Houston:

Best Houston Personal Injury Lawyer: The Charles Johnson Law Firm

Houston Personal Injury Lawyer Charles Johnson is a Houston, Texas accident and personal injury attorney emphasizing the advocacy of victims’ rights against those who do harm, and who by negligence, recklessness or intention cause significant damage to innocent victims and their families.

The Charles Johnson Law Firm will work to recover the finances necessary to carry on with your life, and take care of your family. The Charles Johnson Houston Personal Injury Law Firm will apply all their expertise to give you the best chance at being justly compensated for the pain and suffering you must endure because of another’s negligence. Your choice of the right attorney to represent your interests and enforce your rights will put you on the path to prompt and fair financial resolution of your claim.

Our Personal Injury clients have suffered serious injuries or devastating losses. They need compensation for their injuries as soon as possible, but they also need that compensation to cover all of their losses. If they aren’t being treated fairly by the insurance company – if their car accident claim has been wrongly denied or they are being shortchanged for their medical malpractice injury – they need a strong and aggressive advocate in court. That’s what we provide at the Charles Johnson Houston Personal Injury Law Firm.

Our greatest satisfaction comes from seeing our clients get their lives back on track, both physically and financially, after:

  • A motor vehicle accident
  • A workplace accident
  • A medical malpractice injury
  • An injury from using a defective product
  • An injury on a dangerous or poorly maintained property
  • The unexpected death of a loved one

Experience That Results in Successful Verdicts and Settlements

Our Houston personal injury lawyers have extensive experience investigating, preparing and presenting successful injury cases in court. Our firm has developed a broad network of investigative and technical experts and medical specialists. We use these experts to gather evidence, determine the cause of accidents and understand the impact of injuries. We then help explain complex information to juries so they can understand why our clients need – and deserve – the compensation they are seeking.

Houston Personal Injury Attorney Charles Johnson knows your legal trouble may be weighing heavy on your mind and is a serious burden in your life, so while other Houston Lawyers can only talk to you on during the week on scheduled business hours, Charles Johnson is available 24/7/365.  We stand behind this policy, day or night, any day, any night, at any time, PERIOD.  When you need the Best Houston Personal Injury Lawyer, Charles Johnson will be there.

No Recovery = No Fee

All initial consultations in the office or over the telephone are free of charge. You CAN afford to hire the Best Houston Personal Injury lawyer with the skill, the resources and the track record of results that you’ll find at the Charles Johnson Law Firm. We handle all personal injury and wrongful death claims on a “contingency” basis. That means you pay NO FEES unless we obtain a settlement or verdict for you and yours.

Choosing the right attorney to handle your personal injury or wrongful death case can be difficult. It may be important to you to be able to speak to your attorney directly. The attorneys at the Charles Johnson Houston Personal Injury Law Firm will personally speak to you about your case. As a small firm, they are capable of giving each client the individual and personalized attention they deserve. All calls and inquiries are given prompt attention. Our Houston area clients already have the frustration of being injured. And our goal is to alleviate those frustrations by respecting your time, and replying promptly to any question or concerns you have about your case.

Houston Personal Injury Lawyer Charles Johnson can help…

Assess your legal situation. An experienced personal injury attorney will help you understand the legal issues involved in your specific personal injury claim. Is the injury serious? Is it a permanent or temporary injury? Who was at fault? Was there an uninsured or underinsured motorist involved? Is there any third party responsibility? Do you have pain and suffering? Should you try to negotiate with the insurer yourself? Do you have to accept his settlement offer? Do you know what your case is worth (the insurance company does and won’t tell you)? A good lawyer will tell you whether it makes sense to sue in small claims court, to sue for a larger amount in state court or to settle out of court.

Obtain additional evidence, information and reports. A good personal injury attorney will know what kinds of evidence to look for (i.e., medical and vocational evidence, police reports, etc.) and will investigate and interview potential witnesses for statements.

Provide legal coaching. If representing yourself works better for you, consider using an attorney as a legal coach to help you (1) understand the personal injury law that applies to your case; (2) find the evidence that best supports your case; (3) understand the relative strengths and weaknesses of your claim; (4) understand the litigation process and customs unique to your local courts; (5) draft or review paperwork; (6) identify opportunities for a settlement to your personal injury claim; or (7) represent you if at some point you feel you can no longer go it alone.

Negotiate. If there is an unresolved dispute, there will be negotiations with a claim adjuster who is a professional negotiator. You’d be wise to hire an attorney to negotiate on your behalf and to protect your interests.

Make a phone call or draft a lawyer’s letter. Your attorney can handle all communications with the other party, including phone calls. This reduces your exposure to the risks and unpleasantness of dealing with the other party on your own. Similarly, good lawyers often extend each other professional courtesies and may be able to obtain with a phone call what would otherwise take a battle. A letter from your lawyer helps to establish your claim and puts the other party on notice that you are taking the matter seriously and are represented by a professional.

Represent you in court. An experienced lawyer can help you file a personal injury lawsuit against the party with whom you have a dispute. If your opponent has a lawyer, then by all means, you need to get one too.

We strive to attain the highest compensation for the victims we represent, who are injured by the negligence of others. We cannot undo an injury nor can we bring back a loved one. What we can do is help you seek the highest compensation for you.

Charles Johnson practices in all State of Texas and all United States Federal Criminal Courts. Mr. Johnson also travels to Austin, San Antonio, Dallas, El Paso, Corpus Christi, and The Valley in Texas. These are the major population centers in Texas and Charles Johnson maintains offices in Austin, Dallas and San Antonio.  Please know however that Charles Johnson represents clients in every county, city, town and village in the Great State of Texas.  From The Panhandle to The Valley or The Juarez Border Crossing to The Golden Triangle, Charles Johnson’s clients receive excellence, intense professionalism and personal care in the their legal matters.

Call Charles Johnson – 713-222-7577, 24/7, and toll free, 24/7 – (877) 308-0100.  Call us.  You will speak with a live, human, caring person who knows what you’re going through, will connect you to Charles Johnson right away, and will be assisting Mr. Johnson in protecting your freedom. When only the Best Houston Personal Injury Lawyer will do, call us.

Charles Johnson received his undergraduate education at The University of Texas at Austin, and his Doctor of Jurisprudence degree from The University of Houston Law Center. After earning a Bachelor’s degree, along with All-Southwest Conference and All-American honors in Football and Track and Field at The University of Texas, Mr. Johnson played in the National Football League with the Denver Broncos and New York Football Giants.  When Mr. Johnson chose to retire from football, he left his then-current contract with the Houston Oilers, who are now the Tennessee Titans. After retiring from football, Mr. Johnson continued to live in Houston and is now The Houston Personal Injury Lawyer.

Looking at the life and achievements of Charles Johnson will show you he is unique, special and always strives to be the very best.  He is a competitor and a winner. You can rest assured, Charles Johnson will bring a warrior’s spirit and commitment to winning to your case. He WILL obtain the best possible compensation available.

Charles Johnson’s philosophy: intense preparation, the best investigation, aggressive posture in presenting YOUR case.

If you or a loved one were seriously injured or your family recently lost a loved one to the wrongful actions of someone else, contact Houston Injury Lawyer Charles Johnson directly 24 hour/day, 365 days/year at 713-222-7577 or call our Houston law office toll free at 877-308-0100 for a free, no-risk consultation.

The Charles Johnson Law Firm – The Houston Personal Injury Lawyer – Solving Problems, Every Day.

We can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

 
Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer
 
Dallas Office - Charles Johnson Law Firm San Antonio Office - Charles Johnson Law Firm Houston Office - Charles Johnson Law Firm Austin Office - Charles Johnson Law Firm