Texas Criminal Defense Group - April 2025

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THE TEXAS DEFENDER

TexasCriminalDefenseGroup.com | (888) 818-7130 APRIL 2025

Distracted Driving Awareness Month Reminds Us All to Drive Safely Stay Alert, Stay Alive:

Distracted driving has become more normalized in recent years. Some distractions, like billboards and changing radio stations, have been taking drivers’ eyes off the road for decades, but now, we face more distractions than ever before. Nearly all new cars have a fairly large touchscreen right in the middle of the dashboard, tempting us to mess with our GPS or glance over whenever a new song starts playing. It’s common for people to pick up food and eat while actively driving. And cellphones are on our bodies at all times, becoming an addiction for many Americans. The next time you hit the road, glance at the other drivers around you; you’ll be shocked by how many are actively texting or looking at their phones when they should be focused on driving. April is Distracted Driving Awareness Month, and there’s no better time to refamiliarize yourself with the forms of distracted driving. If we know the actions to avoid when behind the wheel, we can make the roads safer for all while reducing our risk of legal trouble. You may experience four different types of distractions while driving: Visual Distractions — These occur when you see something that takes your eyes off the road. It could be a billboard, other drivers, your phone, or items inside your vehicle. Auditory Distractions — When your music is too loud, or you’re fully focused on your audiobook, you experience auditory distractions and aren’t paying full attention to the road. Manual Distractions — These require you to take your hands off the wheel, such as eating, drinking, or applying makeup. Cognitive Distractions — It’s hard to focus on the road when thinking about other things. You’re cognitively

distracted when your emotions are too high or you’re focused on a situation that unfolded at work. Whenever you fall victim to one of these distractions, you are not the best driver you can be. One distraction in particular is more dangerous than just about any other. When you use your phone in the car, regardless of whether you’re texting, scrolling social media, or pulling up a specific song to play, you’re taking your focus entirely away from the road. Using your phone while driving is one of the few distractions that incorporates all four forms of distraction. You have to take your eyes off the road to look at your phone, remove your hands from the wheel to use it, and use your mind to figure out how to respond to a message or navigate to a specific app. If you have a text tone, that can be an auditory distraction. We don’t need to use our phones while we’re actively driving. Putting it away in the center console or glove box is better. Driving distracted can also lead to serious legal trouble, too. Texting and driving is illegal in Texas and can lead to fines and jail time, especially if you’re a repeat offender or injure someone. Engaging in distracted driving could also be considered reckless driving, which can also come with fines and jail time if convicted. If you cause a fatal accident while driving distracted, you could receive vehicular manslaughter or vehicular homicide charges, which are felony offenses. Looking at your phone for a split-second could have lasting detrimental effects on the rest of your life.

Don’t let distractions take over your focus while driving. Stay vigilant and keep your attention on the road. —Stephen Hamilton

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Create Lasting Family Memories This Arbor Day Leaf a Legacy and Plant a Tree!

Arbor Day, celebrated this year on April 25, is a chance to dig deep and nurture the environment while creating lasting memories with your kids. Rooted in the love of trees, Arbor Day is a perfect opportunity to teach your little ones the importance of caring for our planet while having fun outside. With wildfires destroying millions of acres of trees annually, the need for replanting has never been greater. Planting a tree is a hands-on way to make a difference; kids love getting their hands dirty. Plus, it’s more than just a lesson in environmental stewardship — it’s an activity that promotes exercise, teamwork, and pride in watching something grow.

selecting a spot with the right amount of sunlight and plenty of room for growth. Once you’ve gathered your tools — a spade, mulch, soil, water bucket, and, of course, your tree — the real fun begins. Together, dig a hole just the right size for the root ball. While the adults may handle the more technical steps, like trimming roots that twist or grow in circles, kids can pitch in by scooping dirt and getting up close to nature. As you settle the tree into its new home, explain how the roots will anchor it and how its leaves will turn sunlight into energy. After planting, the work doesn’t stop! Teach your children how to water the tree properly — soaking the root ball without overwatering. Build a mulch ring together and explain its purpose in keeping the roots cool and moist. Then, it’s time to watch it grow!

Chart the journey ahead. Planting a tree is just the beginning of a long-term adventure. Encourage your kids to measure the tree’s growth, sketch its leaves, and write about its progress in a journal. Snap photos together to document its transformation, and talk about trees’ vital role in providing oxygen, shade, and habitat for all of us.

Start the adventure. Choose the perfect tree and location. Let your children take the lead in This Arbor Day, take a moment to plant more than a tree — plant a memory. Working together as a family teaches lessons in responsibility, environmental care, and the joy of nurturing life. Plus, the smiles and laughter along the way? Those are the real treasures. Could Your Minor Child Be Tried as an Adult?

What Parents Need to Know

Learning that your minor child was charged with a crime can be a scary and nerve-wracking situation. You may question your parenting decisions, wondering if you could have done anything differently. You may also ponder the potential consequences of their actions. Criminal charges can result in serious punishments that could have long-lasting effects on your child’s future, especially if the court decides they should be tried as an adult.

Most minors under the age of 17 charged with a crime go through the juvenile justice system, but some situations could result in them being tried in adult court. The judge will make the final determination and examine a few factors to decide if the minor should be tried as an adult. They’ll first look at the defendant’s age and criminal history. The defendant must be at least 14 to be tried as an adult. Unless the crime is severe in nature or the defendant is a chronic repeat offender, most judges will put them through the juvenile justice system. Serious crimes are much more likely to lead to an adult court trial. Suppose your child faces felony charges for murder, manslaughter, aggravated assault, sexual assault, robbery, or kidnapping. In that case, it is much more likely they will face adult court than a minor facing a misdemeanor charge for possession of a

small amount of marijuana or petty theft. The judge will also consider whether they believe the juvenile court system can effectively rehabilitate the individual before determining which court system is the best approach. If the judge determines your minor child should face the adult court system, do not expect them to lessen the penalties due to age. They will face the same legal process and potential penalties as adults facing a similar situation. They could be sentenced to serve time in an adult prison or receive harsher penalties than you would see in juvenile court. When a minor child faces adult charges, it can upend their entire future. This is why it’s so important to retain knowledgeable legal counsel. Call us today if you have questions about your unique situation or need representation.

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Most people won’t go out of their way to get arrested, so it’s safe to say you might not know what to expect from the process if you’ve never experienced it before. Movies give a basic demonstration of what it looks like, but they’re often dramatized. Let’s walk through the DWI process so you can better understand what to expect if you find yourself in this position in the future. The situation starts when a police officer pulls you over. They’ll approach your vehicle, asking for your license, registration, and proof of insurance. At this point, the officer may question you about how much you’ve had to drink or what you were doing before he pulled you over. Remain silent, as anything you say can be used against you in court. They’ll likely ask you to step out of your vehicle so they can run field sobriety or Breathalyzer tests. You do not have to submit to these tests, but refusing a Breathalyzer can result in a six-month driver’s license suspension. Here’s What Happens Next Pulled Over for DWI?

HAPPY TCDG CLIENTS “With a proven track record of success in reducing charges, securing case dismissals, and achieving favorable verdicts, Texas Criminal Defense Group is a firm you can trust to fight for you. If you need a dedicated and skilled criminal defense attorney, I highly recommend their services.” -Liz

Classic Fish Fry

Inspired by FoodNetwork.com

There’s no wrong time to host your own fish fry for your loved ones!

Ingredients • Vegetable oil • 2 lbs fresh cod • Salt and pepper, to taste • 1/2 cup all-purpose unbleached flour • 2 large eggs

If you are arrested and charged, the officer will handcuff you, read your Miranda rights, and place you in their car. Do not argue or try to talk your way out of the situation. It will do no good. Once you reach the detention center, they may run blood and breath tests. After the booking process, you should have an opportunity to make a call or two. Use that to call us so we can start building your defense. From there, you’ll have an arraignment, a quick court appearance where you’ll discover the full charges against you and you can enter a plea. Once you’ve been arraigned, you can post bail and get out of jail until your court date. Depending on your situation, you could pay a cash bond or a personal recognizance bond that requires you to promise you’ll be at all court dates. After you’re out, you’ll work closely with an attorney to build your case. There are pretrial and plea negotiations where your attorney will review evidence and negotiate a potential plea bargain. If your case goes to trial, your lawyer will present their argument and challenge any evidence to create reasonable doubt. This situation can be scary, but it will go much smoother with experienced and knowledgeable representation.

• 2 tbsp water • 2 cups plain bread crumbs

• 1/2 tsp mustard powder • 1/4 tsp cayenne pepper • Lemon wedges

Directions 1. Pour 2 inches of vegetable oil into a large skillet over medium-high heat. 2. Cut cod into 4 servings and season with salt and pepper. 3. Place flour into a pie tin. Whisk egg and water in a second pie tin. Combine bread crumbs, mustard powder, and cayenne in a third pie tin. 4. Coat your fish in the flour tin, then the egg tin, then the bread crumb tin. 5. Set coated fish in hot oil and fry for 5 minutes on each side. 6. Serve with lemon wedges and enjoy!

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The Dangerous Rise of Distracted Driving

Planting Memories and Trees This Arbor Day What Happens When Minors Are Charged and Tried as Adults?

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What to Expect After a DWI Arrest

Classic Fish Fry

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The Psychology of Celebrating Small Wins

Celebrate the Small Things

Working toward big goals is a rewarding and exciting process, but it can also feel overwhelming. It’s easy to get bogged down thinking about how far you still have to go, but you can use a simple strategy to maintain your momentum: Focus on small achievements. Why Every Win Matters

It reduces stress, improves resilience, and helps build a growth mindset. Focusing on your accomplishments allows you to alter your perspective, and you learn to see challenges as opportunities for growth. Practical Ways to Celebrate Small Wins Incorporating small celebrations into your daily routine doesn’t have to be complicated, so here are three strategies to help you get started.

achievements with others, you strengthen personal connections and add positivity to the experience.

The Science of Small Wins While seemingly insignificant,

celebrating small wins has psychological benefits that can carry over into every aspect of your life. When you celebrate small achievements, your brain releases dopamine, the “feel good” chemical that lifts your mood and motivates you to keep going. This positive reinforcement generates momentum, making it much easier to tackle the next step. Acknowledging small wins also has a measurable impact on mental health.

• Reward yourself. Even simple rewards reinforce the habit of

recognizing progress and help make the journey more enjoyable. Achieving small goals is always worth celebrating. Acknowledging every step forward, no matter how seemingly insignificant, helps you stay motivated and confident while improving your overall mental well-being.

• Track your achievements in a

progress journal. Seeing progress in writing can be very rewarding and provide much-needed motivation when things get difficult.

• Share your win with friends and family. When you celebrate your

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