In Texas, the sobering reality of traffic safety is that a fatal car accident occurs approximately every 2 hours and 15 minutes. We have previously discussed the number of car accidents in Texas in general. In this article, we explore the frequency of fatal car accidents in Texas

The Grim Frequency of Texas Traffic Fatalities

In 2022, Texas reported 3,520 fatal crashes, resulting in 3,874 fatalities. To break this down:

• On average, over 10 people died each day in car accidents in Texas.
• There was nearly one death every 2 hours and 15 minutes.
• A reportable crash occurred every 57 seconds.

These numbers paint a stark picture of the risks on Texas roads. To put it in perspective, in the time it takes to watch a typical movie, another life is likely to be lost in a Texas traffic accident.

Five-Year View of Car Accident Fatalities

To understand if this frequency is improving or worsening, let’s look at the data from 2018 to 2022:

• 2018: 3,305 fatal crashes (1 every 2 hours 39 minutes)
• 2019: 3,340 fatal crashes (1 every 2 hours 37 minutes)
• 2020: 3,520 fatal crashes (1 every 2 hours 29 minutes)
• 2021: 4,031 fatal crashes (1 every 2 hours 10 minutes)
• 2022: 3,520 fatal crashes (1 every 2 hours 29 minutes)

This data reveals a concerning trend. Despite fluctuations, the frequency of fatal accidents has generally increased over the past five years, with a peak in 2021 during the pandemic.

Texas vs. National Statistics

To contextualize Texas’s situation, let’s compare it to national figures:

• In 2022, Texas accounted for about 9.1% of all traffic fatalities in the United States, despite making up only 8.8% of the U.S. population.
• The fatality rate on Texas roadways was 1.44 deaths per hundred million vehicle miles traveled in 2022, higher than the national average of 1.35.
• While nationally about 0.63% of reported crashes were fatal in 2022, in Texas, this figure was slightly higher at 0.64%.

These comparisons underscore that Texas faces a disproportionate challenge with traffic fatalities compared to the nation as a whole.

Where are fatal accidents taking place in Texas?

Most fatal accidents take place on state and national highways in Texas. This is followed by interestate highways and farm-to-market roads.

In contrast, City Streets and County roads exhibit moderate fatality rates, indicating a lower but still significant number of accidents. Tollways consistently report the lowest fatalities, suggesting these routes are relatively safer, despite higher speeds.

US Highways are part of a network of national highways using the “U.S.” route designator. They generally connect major cities and can run in a state or through multiple states. These highways go directly through towns. You’ll typically see a national highway marker with a white shield on a black sign.

An interstate highway often has more lanes, higher speeds, and fewer exits, and those exits are to off-ramps rather than intersecting roadways. Interstate highway signs are typically a blue shield with a red top and the interstate number at the center. Even-numbered interstates run west to east, and odd-numbered interstates run north to south.

US Highways (Highest Incidence of Fatalities)

• Purpose: Connect cities and towns, serving as a secondary network to the Interstate System.
• Design: May have traffic signals, intersections, and direct property access.
• Examples: US-59, US-290.

Interstate Highways 

• Purpose: Designed for high-speed, long-distance travel across multiple states.
• Design: Limited-access roads with multiple lanes and no direct property access.
• Examples: I-35, I-10, I-45.

State Highways

• Purpose: Serve intrastate travel, connecting smaller towns and cities within a state.
• Design: Vary from two-lane roads to multi-lane highways, often with direct access.
• Examples: TX-6, TX-71.

Factors Contributing to Texas’s High Fatality Rate

Several elements may contribute to the frequent occurrence of fatal accidents in Texas:

• Vast Rural Road Network: Rural roads often have higher speed limits and fewer safety features, increasing the risk of fatal crashes. These roads may lack adequate lighting, guardrails, and signage, making them more dangerous, especially at night or in poor weather conditions.
• Higher Speed Limits: Some Texas highways have speed limits up to 85 mph, the highest in the nation. Higher speed limits can lead to more severe accidents because the impact force increases with speed. This also leaves less time for drivers to react to unexpected situations.
• Lower Seat Belt Usage: In some areas of Texas, seat belt use is below the national average. Seat belts are one of the most effective ways to prevent fatalities in a crash. Lower usage rates mean more drivers and passengers are at risk of being seriously injured or killed in an accident.
• Drunk Driving: Texas consistently ranks high in alcohol-impaired driving fatalities. Drunk driving significantly impairs a driver’s ability to operate a vehicle safely, leading to a higher likelihood of crashes. Texas’s large number of alcohol-related crashes contributes significantly to its fatality rate.
• Distracted Driving: With the prevalence of mobile devices, distracted driving remains a significant issue. Activities such as texting, talking on the phone, or using in-car technologies divert attention from the road, increasing the risk of accidents. Texas has implemented laws to curb distracted driving, but it remains a prevalent problem.

These factors combine to create a challenging environment for traffic safety in Texas, necessitating continued efforts to improve road conditions, enforce traffic laws, and promote safe driving behaviors.

Efforts to Reduce Fatal Accidents

Given the frequency of fatal accidents, Texas has implemented various initiatives:

• “End the Streak” Campaign: This initiative aims to raise awareness about daily traffic deaths in Texas. The campaign encourages drivers to commit to safe driving practices to end the streak of daily fatalities on Texas roads.
• Enhanced Enforcement: Increased policing efforts target speed limit violations and seat belt non-compliance. By focusing on these high-risk behaviors, law enforcement agencies aim to reduce the number of fatal accidents.
• Infrastructure Improvements: Texas has been focusing on improving road conditions, especially in high-risk rural areas. This includes adding safety features like better lighting, guardrails, and rumble strips to reduce the likelihood of accidents.
• Education Programs: Targeting young drivers, these programs promote safe driving habits through school-based initiatives and public awareness campaigns. These programs often include simulated driving experiences and the consequences of unsafe driving.
• Technology Integration: The state is also integrating advanced vehicle safety technologies, such as automatic emergency braking and lane departure warnings, to reduce the occurrence of accidents.

What Should You Do if You Lose Someone in a Car Accident?

As a resident of Texas or someone affected by a car accident, losing a loved one in such a tragic event can be devastating. In these situations, you may have the option to pursue a wrongful death claim to seek justice and compensation for your loss.

What is a Wrongful Death Claim?

A wrongful death claim is a legal action brought against a person or entity whose negligence or wrongful act caused the death of another person. In the context of car accidents, this could involve reckless driving, driving under the influence, or other negligent behaviors.

Who Can Bring a Wrongful Death Claim?

In Texas, specific family members are entitled to file a wrongful death claim. These include:

• The spouse of the deceased
• The children of the deceased (including adopted children)
• The parents of the deceased

If none of these relatives file a claim within three months of the death, the executor or administrator of the deceased’s estate may file, unless all of the eligible family members request that no wrongful death claim be brought.

Compensation in Wrongful Death Claims

Compensation in a wrongful death claim can cover a variety of damages, including:

• Funeral and burial expenses
• Medical expenses incurred prior to death
• Loss of the deceased’s income and potential future earnings
• Loss of companionship, care, and support
• Mental anguish and emotional suffering

Legal Support

Navigating a wrongful death claim can be complex, and it’s essential to have legal support to guide you through the process. At Varghese Summersett, we understand the profound impact of losing a loved one and are committed to helping families seek the justice and compensation they deserve.

If you’ve lost a loved one in a car accident, understanding your rights and the process of filing a wrongful death claim is crucial. This legal avenue allows you to hold the responsible parties accountable and secure financial support to help you through this difficult time. Consulting with a knowledgeable attorney can provide clarity and support as you navigate this challenging period.

In Texas, the sobering reality of traffic safety is that a fatal car accident occurs approximately every 2 hours and 15 minutes. We have previously discussed the number of car accidents in Texas in general. In this article, we explore the frequency of fatal car accidents in Texas

The Grim Frequency of Texas Traffic Fatalities

In 2022, Texas reported 3,520 fatal crashes, resulting in 3,874 fatalities. To break this down:

• On average, over 10 people died each day in car accidents in Texas.
• There was nearly one death every 2 hours and 15 minutes.
• A reportable crash occurred every 57 seconds.

These numbers paint a stark picture of the risks on Texas roads. To put it in perspective, in the time it takes to watch a typical movie, another life is likely to be lost in a Texas traffic accident.

Five-Year View of Car Accident Fatalities

To understand if this frequency is improving or worsening, let’s look at the data from 2018 to 2022:

• 2018: 3,305 fatal crashes (1 every 2 hours 39 minutes)
• 2019: 3,340 fatal crashes (1 every 2 hours 37 minutes)
• 2020: 3,520 fatal crashes (1 every 2 hours 29 minutes)
• 2021: 4,031 fatal crashes (1 every 2 hours 10 minutes)
• 2022: 3,520 fatal crashes (1 every 2 hours 29 minutes)

This data reveals a concerning trend. Despite fluctuations, the frequency of fatal accidents has generally increased over the past five years, with a peak in 2021 during the pandemic.

Texas vs. National Statistics

To contextualize Texas’s situation, let’s compare it to national figures:

• In 2022, Texas accounted for about 9.1% of all traffic fatalities in the United States, despite making up only 8.8% of the U.S. population.
• The fatality rate on Texas roadways was 1.44 deaths per hundred million vehicle miles traveled in 2022, higher than the national average of 1.35.
• While nationally about 0.63% of reported crashes were fatal in 2022, in Texas, this figure was slightly higher at 0.64%.

These comparisons underscore that Texas faces a disproportionate challenge with traffic fatalities compared to the nation as a whole.

Where are fatal accidents taking place in Texas?

Most fatal accidents take place on state and national highways in Texas. This is followed by interestate highways and farm-to-market roads.

In contrast, City Streets and County roads exhibit moderate fatality rates, indicating a lower but still significant number of accidents. Tollways consistently report the lowest fatalities, suggesting these routes are relatively safer, despite higher speeds.

US Highways are part of a network of national highways using the “U.S.” route designator. They generally connect major cities and can run in a state or through multiple states. These highways go directly through towns. You’ll typically see a national highway marker with a white shield on a black sign.

An interstate highway often has more lanes, higher speeds, and fewer exits, and those exits are to off-ramps rather than intersecting roadways. Interstate highway signs are typically a blue shield with a red top and the interstate number at the center. Even-numbered interstates run west to east, and odd-numbered interstates run north to south.

US Highways (Highest Incidence of Fatalities)

• Purpose: Connect cities and towns, serving as a secondary network to the Interstate System.
• Design: May have traffic signals, intersections, and direct property access.
• Examples: US-59, US-290.

Interstate Highways 

• Purpose: Designed for high-speed, long-distance travel across multiple states.
• Design: Limited-access roads with multiple lanes and no direct property access.
• Examples: I-35, I-10, I-45.

State Highways

• Purpose: Serve intrastate travel, connecting smaller towns and cities within a state.
• Design: Vary from two-lane roads to multi-lane highways, often with direct access.
• Examples: TX-6, TX-71.

Factors Contributing to Texas’s High Fatality Rate

Several elements may contribute to the frequent occurrence of fatal accidents in Texas:

• Vast Rural Road Network: Rural roads often have higher speed limits and fewer safety features, increasing the risk of fatal crashes. These roads may lack adequate lighting, guardrails, and signage, making them more dangerous, especially at night or in poor weather conditions.
• Higher Speed Limits: Some Texas highways have speed limits up to 85 mph, the highest in the nation. Higher speed limits can lead to more severe accidents because the impact force increases with speed. This also leaves less time for drivers to react to unexpected situations.
• Lower Seat Belt Usage: In some areas of Texas, seat belt use is below the national average. Seat belts are one of the most effective ways to prevent fatalities in a crash. Lower usage rates mean more drivers and passengers are at risk of being seriously injured or killed in an accident.
• Drunk Driving: Texas consistently ranks high in alcohol-impaired driving fatalities. Drunk driving significantly impairs a driver’s ability to operate a vehicle safely, leading to a higher likelihood of crashes. Texas’s large number of alcohol-related crashes contributes significantly to its fatality rate.
• Distracted Driving: With the prevalence of mobile devices, distracted driving remains a significant issue. Activities such as texting, talking on the phone, or using in-car technologies divert attention from the road, increasing the risk of accidents. Texas has implemented laws to curb distracted driving, but it remains a prevalent problem.

These factors combine to create a challenging environment for traffic safety in Texas, necessitating continued efforts to improve road conditions, enforce traffic laws, and promote safe driving behaviors.

Efforts to Reduce Fatal Accidents

Given the frequency of fatal accidents, Texas has implemented various initiatives:

• “End the Streak” Campaign: This initiative aims to raise awareness about daily traffic deaths in Texas. The campaign encourages drivers to commit to safe driving practices to end the streak of daily fatalities on Texas roads.
• Enhanced Enforcement: Increased policing efforts target speed limit violations and seat belt non-compliance. By focusing on these high-risk behaviors, law enforcement agencies aim to reduce the number of fatal accidents.
• Infrastructure Improvements: Texas has been focusing on improving road conditions, especially in high-risk rural areas. This includes adding safety features like better lighting, guardrails, and rumble strips to reduce the likelihood of accidents.
• Education Programs: Targeting young drivers, these programs promote safe driving habits through school-based initiatives and public awareness campaigns. These programs often include simulated driving experiences and the consequences of unsafe driving.
• Technology Integration: The state is also integrating advanced vehicle safety technologies, such as automatic emergency braking and lane departure warnings, to reduce the occurrence of accidents.

What Should You Do if You Lose Someone in a Car Accident?

As a resident of Texas or someone affected by a car accident, losing a loved one in such a tragic event can be devastating. In these situations, you may have the option to pursue a wrongful death claim to seek justice and compensation for your loss.

What is a Wrongful Death Claim?

A wrongful death claim is a legal action brought against a person or entity whose negligence or wrongful act caused the death of another person. In the context of car accidents, this could involve reckless driving, driving under the influence, or other negligent behaviors.

Who Can Bring a Wrongful Death Claim?

In Texas, specific family members are entitled to file a wrongful death claim. These include:

• The spouse of the deceased
• The children of the deceased (including adopted children)
• The parents of the deceased

If none of these relatives file a claim within three months of the death, the executor or administrator of the deceased’s estate may file, unless all of the eligible family members request that no wrongful death claim be brought.

Compensation in Wrongful Death Claims

Compensation in a wrongful death claim can cover a variety of damages, including:

• Funeral and burial expenses
• Medical expenses incurred prior to death
• Loss of the deceased’s income and potential future earnings
• Loss of companionship, care, and support
• Mental anguish and emotional suffering

Legal Support

Navigating a wrongful death claim can be complex, and it’s essential to have legal support to guide you through the process. At Varghese Summersett, we understand the profound impact of losing a loved one and are committed to helping families seek the justice and compensation they deserve.

If you’ve lost a loved one in a car accident, understanding your rights and the process of filing a wrongful death claim is crucial. This legal avenue allows you to hold the responsible parties accountable and secure financial support to help you through this difficult time. Consulting with a knowledgeable attorney can provide clarity and support as you navigate this challenging period.

R&B singer Chris Brown is embroiled in yet another legal controversy, this time facing a $50 million lawsuit for alleged assaults that occurred backstage at his recent concert in Fort Worth. It’s possible he and members of his entourage could also face criminal charges stemming from accusations they beat up four men backstage at Dickies Arena.

In this article, the criminal defense attorneys and personal injury lawyers at Varghese Summersett weigh in on the civil and criminal consequences Brown and his entourage could be forced to defend.

Background of the Chris Brown Lawsuit

On July 19, 2024, four men from Denton County – Larry Parker, Joseph Lewis, Charles Bush, and Da Marcus Powell – claim they were invited backstage along with about 40 other people after Chris Brown’s concert at Dickies Arena as part of his “11:11” tour. While backstage, the men claimed they were “brutally and severely beaten” by Brown and his entourage. They filed a lawsuit on July 22, 2024, in Harris County. According to the civil lawsuit:

• The plaintiffs were among a group of about 40 people invited to Brown’s VIP area after the show.
• When Charles Bush approached Brown to congratulate him on the performance, a member of Brown’s entourage reminded the singer of a previous conflict with Bush.
• Brown allegedly responded aggressively, leading to a violent altercation.
• The plaintiffs claim Brown “participated in and directed” the assault, which reportedly involved punching, kicking, and throwing chairs.
• The lawsuit also names Live Nation, the tour promoter, as a defendant, accusing the company of continuing to work with Brown despite his history of violent behavior and failing to ensure the safety of concert attendees.
• The lawsuit alleges that the assault was unprovoked and resulted in severe injuries to all four plaintiffs, with at least one requiring hospitalization.
• The men are seeking $50 million in compensatory and punitive damages, as well as a temporary restraining order against Brown and the other defendants.

The lawsuit describes the plaintiffs as “merely the latest victims in a long line of individuals who have suffered at Brown’s hands.”

Civil Liability in the Chris Brown Case

Based on the lawsuit filed against Chris Brown and others in Texas, there are several potential areas of civil liability:

1. Assault and Battery: The primary claim in this case is for assault and battery. Under Texas law, Brown and his entourage could be held liable for intentionally causing harmful or offensive physical contact with the plaintiffs.
2. Intentional Infliction of Emotional Distress: Given the nature of the alleged attack, the plaintiffs may have grounds for claiming emotional distress resulting from the incident.
3. Negligence: Live Nation, as the concert promoter, could potentially face liability for negligence if it’s found they failed to provide adequate security or take reasonable precautions to prevent such incidents
4. Premises Liability: Depending on the specific location of the alleged assault, the venue owners (Dickies Arena) might face liability for failing to maintain a safe environment for guests
5. Vicarious Liability: Brown could be held responsible for the actions of his entourage if they were acting under his direction or within the scope of their employment.

The lawsuit seeks $50 million in damages for various losses, including:

• Monetary losses
• Pain and suffering
• Disfigurement
• Mental anguish
• Past, present, and future medical expenses.

In Texas, the statute of limitations for personal injury claims is generally two years from the date of the incident. The plaintiffs have filed their lawsuit well within this timeframe.

Texas also recognizes the concept of joint and several liability, meaning that if multiple defendants are found liable, each can be held responsible for the full amount of damages, regardless of their individual degree of fault.

It’s worth noting that Texas follows a modified comparative fault rule. If the plaintiffs are found to be more than 50% responsible for their injuries, they may be barred from recovering damages. However, based on the allegations in the lawsuit, it seems unlikely that the plaintiffs would be found significantly at fault.

The plaintiffs have also requested a temporary restraining order to preserve evidence, which is a common legal strategy in such cases.

Given the high-profile nature of the case and the severity of the allegations, it’s likely to attract significant attention in the Texas legal system. The outcome will depend on the evidence presented and the specific facts proven in court.

Possible Criminal Charges in the Chris Brown Case

The Fort Worth Police Department is investigating the incident involving Chris Brown and his entourage. Multiple police reports have been filed regarding the alleged assault, and the police have confirmed that a report was made but have not provided further comments due to the ongoing investigation.

As experienced criminal defense attorneys, we can tell you that a number of charges could be possible, depending on the facts and circumstances of the case. Potential charges could include:

• Assault: Under Texas law, Brown and his entourage could face charges of assault, which is defined as intentionally, knowingly, or recklessly causing bodily injury to another person.
• Aggravated Assault: Given the severity of the injuries reported, including one victim being hospitalized, the charges could potentially be elevated to aggravated assault. This is particularly relevant if weapons (such as chairs) were used or if the injuries are serious.
• Disorderly Conduct: The incident occurring in a public venue could lead to charges of disorderly conduct.
• Criminal Mischief: If any property was damaged during the altercation, charges of criminal mischief could be added
• Unlawful Restraint: If the allegations about trapping one victim in a stairwell are proven, this could lead to charges of unlawful restraint

It’s important to note that the specific charges would depend on the evidence gathered by law enforcement and the discretion of the prosecuting attorney. The severity of the charges could be influenced by factors such as:

• The extent of the victims’ injuries
• The use of weapons (like chairs)
• The number of assailants involved
• Any prior criminal history of the accused.

It’s important to note that investigations of this nature can take time, especially when involving high-profile individuals. The police will likely gather evidence, interview witnesses, and consult with prosecutors before deciding whether to make any arrests or file criminal charges. As the investigation is ongoing, more information may emerge in the coming days or weeks that could potentially lead to arrests.

The current lawsuit is a civil matter, separate from any potential criminal proceedings.

Possible Defenses to the Chris Brown Case

Chris Brown and his entourage might employ several legal defenses in response to the $50 million lawsuit stemming from the alleged assault backstage at his Fort Worth concert. Here are some potential defenses that could be considered both civilly (and criminally if charges are filed.)

Self-Defense

One of the primary defenses Brown and his team might argue is self-defense. They could claim that the plaintiffs initiated the confrontation or posed a threat, necessitating a defensive response to protect themselves or others. This defense was previously used by Brown’s attorneys in a 2014 assault case, where they argued that Brown and his bodyguard were protecting him and his property from an aggressive fan.

Provocation

The defense might argue that the plaintiffs provoked the incident. If Brown’s team can demonstrate that the plaintiffs’ actions were provocative or threatening, it could mitigate the responsibility for the subsequent violence. This could involve presenting evidence or witness testimony suggesting that the plaintiffs’ behavior was aggressive or confrontational.

Lack of Involvement

Brown and his entourage might also argue that certain individuals named in the lawsuit were not involved in the assault. By distancing themselves from the actions of others, they could reduce their liability. This defense would require clear evidence showing that specific defendants did not participate in the alleged violence.

Questioning Credibility

Another potential defense strategy could involve questioning the credibility of the plaintiffs. Brown’s legal team might scrutinize the plaintiffs’ backgrounds, motives, and consistency in their accounts of the incident. This approach aims to cast doubt on the plaintiffs’ version of events and reduce the impact of their testimony.

Insufficient Evidence

Brown’s defense might argue that the plaintiffs lack sufficient evidence to support their claims. This could involve challenging the reliability of witness statements, the authenticity of any video or photographic evidence, and the medical reports documenting the injuries. By undermining the evidence, the defense could weaken the plaintiffs’ case.

Comparative Fault

The defense might also employ a comparative fault argument, suggesting that the plaintiffs share some responsibility for the incident. If the court finds that the plaintiffs were partially at fault, it could reduce the damages awarded. This defense would involve presenting evidence that the plaintiffs’ actions contributed to the altercation.

Denial of Allegations

Lastly, Brown and his entourage might simply deny the allegations, asserting that the incident did not occur as described by the plaintiffs. This defense would involve presenting an alternative narrative of the events, supported by witness testimony and other evidence, to counter the plaintiffs’ claims.

These defenses, individually or in combination, could form the basis of Brown’s legal strategy as he navigates this latest legal challenge. The outcome will depend on the strength of the evidence presented by both sides and the court’s assessment of the credibility of the witnesses and the facts of the case.

Chris Brown’s Previous Legal Troubles

Chris Brown is no stranger to the legal system. He has an extensive history of legal troubles and violent incidents. Here are some key points about his previous issues:

1. 2009 Assault on Rihanna: Brown pleaded guilty to felony assault for attacking then-girlfriend Rihanna before the Grammy Awards. He received 5 years probation and community service.
2. Multiple probation violations: Brown violated his probation several times, leading to revocations and additional community service hours.
3. 2013 Washington D.C. arrest: Brown was arrested for felony assault outside a hotel, later reduced to a misdemeanor.
4. Rehab issues: In 2013, Brown entered rehab for anger management but was kicked out for violent behavior. He was later diagnosed with bipolar disorder and PTSD.
5. 2016 standoff: Police responded to Brown’s home after a woman claimed he threatened her with a gun, leading to a 9-hour standoff and arrest.
6. 2018 assault allegation: Brown was arrested for an outstanding warrant related to allegedly punching a photographer in 2017.
7. Restraining orders: Brown’s ex-girlfriend Karrueche Tran obtained a restraining order against him in 2017.
8. Multiple altercations: Brown has been involved in various fights and confrontations, including incidents with Drake, Frank Ocean, and others.

Throughout his career, Brown has faced numerous legal issues related to assault, battery, and violent behavior, often resulting in arrests, court appearances, and damage to his public image.

Legal Analysis and Concluding Thoughts

Despite his previous legal troubles, Brown has managed to avoid major consequences such as prison time or significant financial penalties. This case presents a new set of challenges for him, with the potential for substantial civil damages and possibly criminal charges.

While it’s impossible to predict the outcome of this case, Brown’s legal team will likely use a combination of defenses to protect his interests. It remains to be seen how the court will assess the evidence and determine liability, but one thing is clear – this latest incident is another setback in Chris Brown’s tumultuous journey through fame and fortune. Overall, it serves as a reminder that actions have consequences, and even celebrities are not immune.

How to Get a Drug Possession Charge Dropped in Texas

A common question that comes up for criminal lawyers is whether we can get a drug possession charge dropped. While it is certainly true that prosecutors don’t like dismissing possession of controlled substance charges, the reality is there are many ways a drug case could be dropped. Some of these require the prosecutor’s acquiescence, while others are based on a failure of law enforcement.

Why You Should Listen to Us

Our attorneys have secured dismissals on numerous occasions in every manner described below. While we can’t guarantee every case has the type of weakness or set of circumstances that allow for a dismissal, we can assure you that we are exceptional at finding and leveraging every possible way to get a case dismissed. Further, our attorneys who are Board Certified in Criminal Law are experts in criminal law – a statement that less than 1% of attorneys in Texas can make.

Understanding Drug Possession in Texas

Before delving into dismissal strategies, it’s crucial to understand what constitutes drug possession in Texas. Drug possession in Texas refers to having care of, control over, or ownership of a controlled substance without a valid prescription. This can include illegal drugs like cocaine, heroin, or methamphetamine, as well as prescription medications that are not legally prescribed to you.

Texas classifies controlled substances into penalty groups, with varying punishments based on the type and amount of drug possessed. Penalties can range from misdemeanors for small amounts of less dangerous drugs to felonies for larger quantities or more serious substances.

How to Get a Drug Charged Dropped in Texas

Without further ado, let’s jump right into it. Here are the ways a drug charge might be dismissed in Texas:

• Illegal Stop

Law enforcement must have a valid reason, known as reasonable suspicion, to initiate a traffic stop or detain an individual. If the initial stop was unlawful, any evidence obtained as a result may be suppressed.

For example, if an officer pulls you over without observing any traffic violation or suspicious behavior, the stop could be deemed illegal. In such cases, your attorney may file a motion to suppress any evidence obtained during the unlawful stop, potentially leading to the dismissal of charges.

• Illegal Search

The Fourth Amendment protects individuals from unreasonable searches and seizures. For a search to be legal, police must either have probable cause, a valid search warrant, or your consent. If the search that led to the discovery of drugs was conducted illegally, the evidence may be inadmissible in court.

Common scenarios of illegal searches include:

• Searching your vehicle without probable cause or consent
• Searching your home without a warrant or exigent circumstances
• Exceeding the scope of a consensual search

If your attorney can prove the search was illegal, they may file a motion to suppress the evidence, which could result in the charges being dropped.

• Lack of Probable Cause in Search Warrant

Even if the police obtained a search warrant, it might be challenged if:

• The warrant lacked probable cause
• The warrant was not specific enough about the place to be searched or items to be seized
• The warrant was executed improperly (e.g., outside the specified time frame)

If the search warrant is found to be invalid, any evidence obtained through its execution may be suppressed.

• Franks Hearing

Sometimes, law enforcement officers may include false information in an affidavit to obtain a search warrant. If your attorney suspects this has occurred, they can request a Franks hearing.

Named after the U.S. Supreme Court case Franks v. Delaware, a Franks hearing allows the defense to challenge the truthfulness of statements made in the search warrant affidavit. If the defense can prove that the officer knowingly and intentionally, or with reckless disregard for the truth, included false statements in the affidavit, and that without these false statements, the affidavit would not support probable cause, the evidence obtained from the warrant may be suppressed.

• Motion to Suppress

A motion to suppress is a formal request to the court to exclude certain evidence from trial. This motion can be based on any of the reasons mentioned above, including an illegal stop, an unlawful search, or an invalid search warrant.

If the motion to suppress is granted and crucial evidence is excluded, the prosecution may be left with insufficient evidence to proceed with the case, often resulting in dismissal of charges.

• Lab Report

Field tests used by law enforcement to identify suspected illegal substances are known as presumptive tests. These tests can sometimes produce false positives, mistakenly identifying legal substances as illegal drugs. A presumptive test only indicates the possible presence of a particular substance. It is not conclusive and requires further testing in a laboratory for confirmation. Lab reports provide a more thorough and accurate analysis of the substance in question.

If a lab report contradicts the results of a presumptive test, showing that the substance in question is not actually an illegal drug, this could lead to the charges being dropped. We have also had instances where retesting the drugs showed a flaw in testing, an assumption made, or the weight of the drug. It’s crucial for your attorney to carefully review all lab reports and compare them to the initial presumptive test results.

• Inadmissible Statements

The Miranda warning is a crucial aspect of police procedure. If you are in custody and being interrogated, law enforcement must inform you of your right to remain silent and your right to an attorney. If they fail to do so and you make incriminating statements, those statements may be inadmissible in court.

Your attorney can file a motion to suppress any statements made while in custody if you were not properly Mirandized. If these statements were crucial to the prosecution’s case, their suppression could lead to the charges being dropped.

• Diversion Programs

Many jurisdictions in Texas offer diversion programs for first-time offenders or those charged with minor drug offenses. These programs aim to rehabilitate individuals rather than punish them. Examples include:

• Drug Court Programs: Intensive supervision and treatment programs that may last 12-18 months.
• First Offender Programs: Designed for individuals with no prior criminal history, often involving drug education and counseling.
• Pretrial Diversion: Allows defendants to complete certain requirements in exchange for having charges dismissed.

Successfully completing a diversion program often results in the charges being dismissed and, in some cases, the opportunity to have the arrest record expunged.

Specific Drug Diversion Programs in Dallas and Tarrant Counties

For those facing drug possession charges in the Dallas-Fort Worth metroplex, there are several diversion programs available in Dallas and Tarrant counties. These programs offer alternatives to traditional prosecution and can lead to charges being dropped upon successful completion. Here’s a list of known drug diversion programs in these counties:

Dallas County Drug Diversion Programs

• DIVERT Court (Dallas Initiative for Diversion and Expedited Rehabilitation and Treatment):
  • This program is designed for non-violent offenders with substance abuse issues.
  • It typically lasts 12-18 months and includes intensive supervision, treatment, and counseling.
• AIM (Achieve Inspire Motivate) Court:
  • Focused on young adult offenders (ages 17-25) with substance abuse problems.
  • Provides substance abuse treatment, education, and job training.
• STAR (Strengthening, Transition and Recovery) Court:
  • Specifically for women with substance abuse issues who have been victims of prostitution or sex trafficking.
  • Offers comprehensive services including addiction treatment, trauma counseling, and life skills training.
• First Offender Drug Program:
  • Available for first-time, non-violent drug offenders.
  • Typically involves drug education classes and community service.

Tarrant County Drug Diversion Programs

• Tarrant County Drug Impact Rehabilitation Enhanced Comprehensive Treatment (DIRECT):
  • A post-adjudication program for non-violent offenders with substance abuse issues.
  • Provides intensive supervision and treatment over 18-24 months.
• Tarrant County First Offender Drug Program:
  • Available for first-time, non-violent drug offenders.
  • Typically involves drug education, counseling, and community service.
• Mental Health Diversion Program:
  • While not exclusively for drug offenses, this program may be available for those with co-occurring mental health and substance abuse issues.
  • Provides mental health treatment and substance abuse counseling.
• Veterans Court Program:
  • Available for veterans with substance abuse or mental health issues.
  • Offers treatment, counseling, and support services tailored to veterans’ needs.

It’s important to note that eligibility for these programs can vary based on factors such as the specific charges, criminal history, and the discretion of prosecutors and judges. Additionally, program availability and details may change over time, so it’s crucial to consult with a local attorney for the most up-to-date information.

• Conditional Dismissals

While less common, especially for felony cases, conditional dismissals may be available for misdemeanor first-time offenses. These agreements typically involve the defendant meeting certain conditions set by the prosecutor, such as:

• Completing community service
• Attending drug education classes
• Submitting to regular drug tests
• Staying out of trouble for a specified period

If all conditions are met, the charges are dismissed. However, it’s important to note that these arrangements are more likely to be offered for minor, first-time offenses and are at the discretion of the prosecutor.

Why Who You Hire Matters

When facing drug possession charges in Texas, the attorney you choose can significantly impact the outcome of your case. Here’s why:

Experience

At Varghese Summersett, our experienced criminal defense attorneys focus on drug cases and are intimately familiar with local courts and procedures. We know the best strategies for each specific situation and how to navigate the complexities of the Texas legal system.

Past Results

Our track record of successfully defending drug possession cases demonstrates our ability to achieve favorable outcomes. This is also reflected in to 1,000+ 5-Star reviews we’ve obtained.

Ability to Spot Issues

Our skilled attorneys can identify potential legal issues that could lead to dismissal or reduction of charges. This includes recognizing illegal searches, procedural errors, or constitutional violations that a less experienced lawyer might overlook.

Negotiation Skills

Many drug possession cases are resolved through plea bargains or negotiations with prosecutors. Our attorneys have strong negotiation skills and may be able to secure a better deal, such as reduced charges or alternative sentencing options.

Knowledge of Current Laws and Trends

Drug laws and enforcement policies can change. Our attorneys stay current with legal trends and changes in drug policy to build an effective defense strategy.

Resource Network

At Varghese Summersett, we have a network of expert witnesses, private investigators, and other professionals we can call upon to strengthen your defense when necessary.

Understanding of Diversion Programs

Our knowledgeable attorneys are familiar with all available diversion programs and can advocate for your participation in these alternatives to traditional prosecution.

Facing a Drug Possession Charge? Contact Us.

While facing drug possession charges in Texas can be daunting, there are numerous strategies and legal avenues that could potentially lead to having the charges dropped or dismissed. From challenging the legality of the stop or search to pursuing diversion programs or conditional dismissals, our experienced criminal defense attorneys can navigate these options and work towards the best possible outcome for your case.

Remember, each case is unique, and the success of these strategies depends on the specific circumstances of your situation. If you’re facing drug possession charges in Texas, it’s crucial to consult with a qualified criminal defense attorney as soon as possible to explore your options and begin building your defense. We can help. Call 817-203-2220 for a consultation with a seasoned drug possession lawyer.

Being served divorce papers can be an overwhelming and emotionally charged experience. For decades, our lawyers have helped individuals in Fort Worth and throughout Tarrant County through this difficult process. While every situation is unique, some key steps and considerations apply in most cases when responding to a divorce petition. This comprehensive guide will walk you through the process and provide practical advice on protecting your interests and navigating this challenging time.

Don’t Panic – Take a Deep Breath

The moment you’re handed divorce papers, it can feel like the ground is falling out from under you, even if you knew it was coming. The natural response is often panic, anger, or despair. However, it’s crucial to stay as calm and level-headed as possible. Remember, being served means the legal process is beginning – it doesn’t determine the outcome.

Take a deep breath, and know you have time to respond thoughtfully with the guidance of an experienced divorce lawyer.

Read the Petition Carefully

Once you’ve collected yourself, sit down and read through the divorce petition in its entirety. Pay close attention to:

• The grounds for divorce cited. In Texas, most divorces cite insupportability rather than a more specific basis.
• Any temporary orders requested;
• Child custody and support proposals;
• Division of assets and debts;
• Spousal support requests; and
• Deadlines for responding.

Make notes of anything you disagree with or find concerning. This will help you discuss the petition more effectively with your attorney.

Be Mindful of Deadlines After Being Served Divorce Papers

In Texas, you generally have 20 days from the date you were served to file a response with the court. This is called your “Answer.” While you may be able to get an extension in some cases, it’s best not to delay. Missing this deadline could result in a default judgment against you, meaning your spouse could be granted everything they’ve requested in the petition.

Contact an Experienced Family Lawyer

Remember that the next steps, including gathering documents and formulating the best responses and getting ready for a preliminary hearing and temporary orders all need to be done with the assistance of an experienced family lawyer. This is the best time to reach out for a consultation and hire an attorney to be your advocate and advisor.

An experienced divorce attorney can:

• Explain your rights and options
• Help you understand the likely outcomes of various approaches
• Ensure your response is properly filed and legally sound
• Negotiate on your behalf with your spouse’s attorney
• Represent you in court if necessary

When choosing an attorney, look for someone with extensive experience in family law, a track record of success, and a communication style that makes you feel comfortable and heard.

Secure Important Documents

As soon as possible, gather and secure important financial and personal documents. This includes:

• Tax returns
• Bank statements
• Investment account information
• Retirement account statements
• Mortgage documents
• Vehicle titles
• Life insurance policies
• Social Security statements
• Birth certificates and marriage license

Having these documents readily available will be crucial for your attorney and protecting your interests as the divorce proceeds. The more of this you have together before your consultation, the better. But this is where you should start immediately after hiring an attorney if you have not already gathered this information. Depending on several factors, the attorney will also tell you what other information you may need to gather.

Decide on Your Approach

Based on the circumstances of your marriage and divorce, as well as your goals, you and your attorney will need to decide on an overall approach to your response. This could range from an amicable, cooperative stance focused on mediation and negotiation, to a more aggressive posture if your spouse is being unreasonable or if there are serious disputes over child custody or significant assets. Our deep bench makes it possible for us to pair you with just the right attorney for your needs.

Filing an Answer

Your formal response to the divorce petition is called an Answer. This document should address each point raised in the petition, either admitting, denying, or stating that you lack sufficient information to admit or deny each claim. Your Answer may also include:

• Counterclaims if you disagree with aspects of the petition
• Affirmative defenses if applicable
• Requests for temporary orders if needed

Your attorney will draft this document, but it’s important that you review it carefully and ensure it accurately reflects your position.

Consider Temporary Orders

Temporary orders can address crucial issues while the divorce is pending, such as:

• Who will live in the family home
• Temporary child custody and visitation schedules
• Temporary child support or spousal support
• Who will pay which bills
• Restrictions on selling or transferring assets

If your spouse has requested temporary orders, you’ll need to respond to these. If they haven’t, you may want to request them yourself. These orders can provide stability and protect your interests during the divorce process.

Prepare Financial Disclosures

In most divorces, both parties are required to provide detailed financial disclosures. This typically includes a sworn inventory and appraisement listing all assets and debts, along with supporting documentation. Be thorough and honest in these disclosures. Hiding assets or providing false information can severely damage your case and may result in penalties from the court.

Develop a Parenting Plan

If you have children, one of the most critical aspects of your divorce will be determining custody and visitation arrangements. Start thinking about what kind of parenting plan would be in your children’s best interests. Consider factors like:

• Each parent’s work schedule
• The children’s school and extracurricular activities
• Each parent’s ability to care for the children
• The children’s relationships with extended family members
• Any special needs the children may have

Remember, Texas courts prioritize the best interests of the child above all else when making custody decisions.

Mediation

Many Texas courts require couples to attempt mediation before taking their divorce to trial. Even if it’s not required, mediation can be a valuable tool for resolving disputes and reaching agreements on various aspects of your divorce. It’s often less costly and time-consuming than litigation, and it gives you more control over the outcome. Discuss with your attorney whether mediation might be appropriate in your case.

Protect Your Privacy

Be cautious about what you share on social media or with friends and family regarding your divorce. Anything you say or post could potentially be used against you in court. It’s generally best to limit discussions about your divorce to your attorney and perhaps a trusted therapist or counselor.

Take Care of Yourself

Divorce is one of life’s most stressful experiences. While it’s important to focus on the legal aspects, don’t neglect your physical and emotional health. Consider seeing a therapist to help process your emotions. Maintain healthy habits like regular exercise, a balanced diet, and adequate sleep. Lean on your support network of friends and family. Taking care of yourself will help you make better decisions and cope with the challenges ahead.

Be Prepared for Negotiations

As your case progresses, there will likely be negotiations with your spouse’s attorney over various issues. Be prepared to prioritize what’s most important to you and where you might be willing to compromise. Your attorney can guide you on what’s reasonable to expect based on Texas law and the specific circumstances of your case.

Consider the Long-Term Impact

When making decisions during your divorce, try to think beyond the immediate future. Consider how choices about property division, spousal support, or custody arrangements might affect you 5, 10, or 20 years down the road. This long-term perspective can help you make more informed decisions.

Be Realistic About Outcomes

It’s rare for either party to get everything they want in a divorce. Texas is a community property state, which generally means a 50/50 split of marital assets, though there can be exceptions. Child custody is typically shared unless there are compelling reasons for one parent to have sole custody. Understanding these realities can help you set realistic expectations and focus your energy on achievable goals.

Keep Communication Professional

If you need to communicate with your spouse during the divorce process, keep it businesslike and focused on necessary issues, especially if you have children together. Avoid rehashing old arguments or making accusations. If direct communication is difficult, consider using a co-parenting app or communicating through your attorneys.

Be Prepared for Court

While many divorces are settled out of court, you should be prepared for the possibility of a trial. This might involve:

• Giving depositions
• Responding to discovery requests
• Preparing exhibits and witness lists
• Testifying in court

Your attorney will guide you through this process and help you prepare thoroughly if a trial becomes necessary.

Consider the Tax Implications

Divorce can have significant tax consequences, particularly regarding property division, spousal support, and child-related tax benefits. Consult with a tax professional or ask your attorney to bring in a tax expert to ensure you understand the tax implications of various settlement options.

Plan for Your Post-Divorce Life

As your divorce progresses, start thinking about and planning for your life after divorce. This might involve:

• Creating a new budget based on your changed financial situation
• Finding new housing if necessary
• Updating your estate plan and beneficiary designations
• Considering career changes or additional education
• Developing new routines and traditions, especially if you have children

Conclusion

Responding to divorce papers is just the beginning of what can be a complex and emotionally challenging process. By taking a thoughtful, strategic approach and working with an experienced divorce attorney, you can protect your rights and interests while working towards the best possible outcome for yourself and your children. Remember, while divorce marks the end of a marriage, it’s also the beginning of a new chapter in your life. With proper preparation and support, you can navigate this transition and emerge stronger on the other side.

If you have been served divorce papers, the legal team at Varghese Summersett can help you through this difficult time. Call 817-203-2220 to schedule a free consultation with an experienced divorce attorney. We serve clients in North Texas and have offices in Fort Worth and Southlake.