Jarvis & Hamilton Law FirmFindLaw IM Template2026-10-30T18:55:07Zhttps://www.bobjarvis.com/feed/atom/WordPress/wp-content/uploads/sites/1602623/2021/06/cropped-favicon-jarvis512-32x32.pngOn Behalf of Jarvis & Hamilton Law Firm<![CDATA[There is no legal duty to retreat in Texas]]>https://www.bobjarvis.com/?p=472742026-10-20T02:05:54Z2026-10-20T02:05:54ZUnder Texas law, you do not have a duty to retreat. You are able to stand your ground.
This is an important part of many self-defense claims. In some other states, you have to try to retreat, if able, before engaging in a physical altercation. But in Texas, if threatened with physical harm, you have a right to defend yourself without retreating. The fact that you may have been able to avoid the confrontation should not undercut a self-defense claim.
3 things must be true
Three factors must be shown to demonstrate that you legally used your right to self-defense:
You had a right to be in the location where you defended yourself, whether it was your home or another location. You were not a trespasser or someone who had illegally entered.
You did not provoke the attack. The other person was the aggressor, and you simply used self-defense in response to their actions.
You were not breaking the law. No criminal activity was taking place. You were in compliance with the law, in a place you were legally allowed to be, and you responded to a threat.
If all of these are true, you can use an appropriate level of force, compared to the danger that you faced. In some cases, if you had a genuine fear for your life, this could even include deadly force.
Are you facing charges?
Have you found yourself facing legal charges in a situation where you used self-defense to protect yourself or others? If so, you must understand all of the criminal defense options you have at this time.]]>On Behalf of Jarvis & Hamilton Law Firm<![CDATA[Can the police lie during interrogations in Texas?]]>https://www.bobjarvis.com/?p=472712026-10-06T12:51:13Z2026-10-06T12:51:13ZReports of the police using deception during interrogations are not uncommon. These include lying about possessing nonexistent evidence linking the suspect to the crime; claiming an accomplice/co-defendant has already confessed and implicated the suspect; claiming they have an eyewitness who saw the suspect commit the crime, and so forth.
Officers do this to overcome resistance and secure confessions. But is it legal? Can the police use deception during an interrogation in Texas?
They are generally allowed to do so
The landmark U.S. Supreme Court case Frazier v. Cupp (1969) established the federal standard permitting police deception during interrogations. In this case, the interrogating officer told Frazier that his cousin, who was a co-defendant, had already confessed to the crime and implicated him in the crime as well. Believing the lie, Frazier began talking and provided incriminating statements and a written confession, which led to a conviction. The U.S. Supreme Court ruled on appeal that while the police officer’s deception was a relevant factor, it was not enough by itself to make an otherwise voluntary confession inadmissible.Texas courts follow this standard. Police generally may use verbal lies or misrepresentations about evidence to prompt a response, provided the deception did not make the confession legally coercive or violate other criminal laws. However, Texas courts prohibit fabricating physical evidence, such as fake physical documents or fabricated lab reports. In the Wilson v. State case, the San Antonio Court of Appeals suppressed the confession and reversed the conviction because a detective created a false crime lab report. The Texas Court of Criminal Appeals affirmed the appellate ruling because the officer tampered with evidence.Using deception during an interrogation is generally allowed. But if you believe a police officer violated criminal laws in doing so, you should learn more about your options for challenging the charges you face ]]>On Behalf of Jarvis & Hamilton Law Firm<![CDATA[What to know about breathalyzer calibration]]>https://www.bobjarvis.com/?p=472432026-09-22T16:20:59Z2026-09-22T16:20:59ZOne breathalyzer machine can perform many tests per month. With repeated use, its sensor can drift – a gradual decline in its physical and chemical properties (normal wear and tear) that causes it to lose sensitivity.
The sensor can also become saturated with alcohol vapors, smoke or food particles. Besides, exposure to environmental elements, such as high humidity and extreme temperatures, can affect it.Consequently, a breathalyzer can give inaccurate blood alcohol concentration (BAC) results over time. Readings can be higher or lower than a person’s actual BAC level. That’s why evidential breath testing instruments must be calibrated:
How calibration is done
Calibrating a breathalyzer is done by exposing its sensor to an alcohol vapor or solution of a known, precise concentration and then adjusting the device’s internal settings to match that predetermined standard. So, the alcohol sample is passed through the breathalyzer for the device to measure the alcohol concentration. If the readings differ from the known value, the unit’s settings are adjusted until the readings match an acceptable target value.In Texas, the Office of the Scientific Director, a division within the Texas Department of Public Safety (DPS), oversees this process. The department has developed standardized calibration processes and uses certified reference materials that are traceable to the National Institute of Standards and Technology (NIST). Certified technical supervisors under the authority of the DPS Breath Alcohol Laboratory (BAL) calibrate and maintainevidential breath testing instruments. They regularly calibrate devices, typically every 30 days, and ensure a device's readings are within the nominal value of plus or minus 0.01g/210 L. Then, they log results into the official state database.A poorly calibrated breathalyzer can give inaccurate readings. If you believe this happened to you, consider assessing the calibration records of the instrument used to determine if it was well maintained. ]]>On Behalf of Jarvis & Hamilton Law Firm<![CDATA[Can leaving a bar alone justify a DWI stop?]]>https://www.bobjarvis.com/?p=472392026-09-16T01:08:11Z2026-09-16T01:08:11ZWhat reasonable suspicion requires
Before police stop you to investigate possible criminal activity, they need reasonable suspicion. An officer must rely on specific, objective facts, not just a hunch.
Courts look at all the facts known before the stop. The time of night and your location near a bar may add to an officer's suspicion, especially when other facts point to possible impaired driving. Police must have enough information before the stop to support reasonable suspicion.
What your driving may show
What the officer sees on the road can add to that suspicion. Weaving or other unsafe driving might suggest impairment. If the officer sees you speed or break another traffic law, that violation gives police a separate reason to pull you over.
Timing also matters. Police must justify the stop with facts they knew before they detained you. If an officer smells alcohol only after approaching your vehicle, that later observation cannot create an earlier reason for pulling you over.
Reviewing why police stopped you
The reason for the stop may affect what evidence the state uses in a drunk-driving defense case. You may want to write down what you remember about your driving and when the officer activated the police lights. Reviewing available dashcam or bodycam footage can also help you compare your memory with the recorded events as you prepare to respond to the charge.]]>On Behalf of Jarvis & Hamilton Law Firm<![CDATA[Invoking your right to remain silent]]>https://www.bobjarvis.com/?p=472382026-09-09T19:54:35Z2026-09-09T19:54:35ZThe right to remain silent is a Fifth Amendment protection that protects you from being forced to self-incriminate when interacting with law enforcement. Therefore, you cannot be forced to answer questions or provide evidence that could be used to convict you of a crime. When you are in police custody and subject to interrogation, the police will read you your Miranda rights. The warning will inform you of your right to remain silent, that anything you say may be used as evidence against you in court, that you have the right to an attorney and that if you cannot afford an attorney, one will be provided for you.Then, the officer will typically ask if you have understood those rights and whether you wish to speak to them.So, how do you invoke the right to remain silent to stop questioning?
Clearly state you want to remain silent
State clearly and audibly that you are invoking your right to remain silent. You can say:
“I’m invoking my right to remain silent.”
“I’m exercising my right to remain silent. I want a lawyer.”
"I am not answering any questions without a lawyer.”
"I’m choosing to remain silent until I speak with an attorney.”
“I am asserting my Fifth Amendment right to remain silent.”
Staying quiet or shaking your head does not invoke your right. You must state your decision. Also, avoid vague words, such as “think” or “maybe.” For example, “I think I need a lawyer” or “Maybe I shouldn't say anything.” These statements are ambiguous - they are not explicit. Accordingly, the police might not stop questioning you.Moreover, it helps to speak politely. Avoid getting angry or resisting physically. You can cooperate without self-incriminating.It’s important to know how to invoke the right to remain silent correctly. Learn more about other ways to protect yourself when interacting with the police. ]]>On Behalf of Jarvis & Hamilton Law Firm<![CDATA[How a breath alcohol test should be done in Texas]]>https://www.bobjarvis.com/?p=472322026-08-25T15:08:27Z2026-08-25T15:08:27ZWhen a police officer arrests a driver for suspected driving while intoxicated (DWI), they perform a breath alcohol test to determine the driver’s blood alcohol concentration (BAC). Under Texas implied consent law, by driving on a public road, a driver automatically agrees to a breath or blood test if lawfully arrested for suspected drunk driving.
Breath alcohol testing should meet certain techniques and methods for the results to be valid. These include:
Operator certification
Any trained law enforcement officer who observes signs of intoxication in a driver and conducts the initial stop can administer a roadside breath test and standardized field sobriety tests. These roadside tests are voluntary with no legal penalty for refusal. Officers use these tests to build probable cause for an arrest.If a driver fails the roadside test or refuses the test and an officer uses other evidence to show intoxication, the driver will be arrested. After arrest, the officers can request the driver take a more reliable breath test. This must be conducted by an operator certified and authorized by the Texas Department of Public Safety (DPS) to use approved equipment. Refusing this will usually have legal consequences due to drivers having given their “implied consent” to it when they get behind the wheel.
15-Minute observation period
An operator should continuously remain in the presence of a driver for at least 15 minutes immediately before the test. They should exercise reasonable care to prevent the driver from placing any substances in the mouth.
The reference system
A breath test machine must use a reference system that tests its accuracy against a known alcohol standard in conjunction with a driver’s analysis. The results from the reference system must be within plus or minus 0.01g/210 L of the expected value.When the right procedures are not followed, the results of alcohol testing can be challenged. Get more information to know how to defend yourself against a DWI charge.
]]>On Behalf of Jarvis & Hamilton Law Firm<![CDATA[Why incarceration can increase reoffending risks]]>https://www.bobjarvis.com/?p=472312026-08-10T10:45:29Z2026-08-10T10:45:29ZThe punishment for many criminal convictions is incarceration. For some minor crimes, this could just be a few months or up to a year. For more serious offenses, people could serve over a decade.
Often, the goal of incarceration is presented as stopping people from committing future criminal offenses. Because they faced the punishment and know what is at stake, they should be less likely to reoffend.However, studies find that incarceration often increases reoffending risks, especially for young people. So if the goal is to prevent future criminal activity, why is time behind bars actually doing the exact opposite?
Education and employment
There are many potential reasons, but two of the biggest are that it can interfere with a person’s education and employment opportunities.For example, say that a young person is arrested on drug charges and sentenced to two years behind bars. As a result, they have to drop out of school. They no longer obtain their degree, and when they are released from jail, they do not have an education and they do have a criminal record. This makes it almost impossible for them to find a stable job.As a result, that person may be more likely to return to drug offenses, such as selling illegal drugs, simply as a way to make an income. Because the time behind bars destabilized their life, future criminal acts become more likely.It is very important to consider the big picture for anyone who finds themselves facing criminal charges, including the way that a potential sentence could affect their future. Those facing serious allegations need to know about all of the criminal defense options at their disposal.]]>On Behalf of Jarvis & Hamilton Law Firm<![CDATA[5 common types of identity theft]]>https://www.bobjarvis.com/?p=472302026-08-01T13:06:17Z2026-08-01T13:06:17Zdifferent types of identity theft can also help you respond quickly if your information is misused.
People accused of these crimes have important legal rights that should be protected throughout the criminal justice process. Not in the least because people without the intent to do anyone any harm are too-often accused of the following types of wrongdoing.
1. Synthetic identity theft
Synthetic identity theft combines real personal information with fabricated details to create an entirely new identity. Because the information belongs to more than one person, this type of fraud can remain undetected for long periods while criminals open accounts or establish fraudulent credit histories.
2. Medical identity theft
Medical identity theft occurs when someone uses another person's insurance or personal information to obtain healthcare services, prescriptions or medical equipment. Besides creating financial problems, it may also result in inaccurate medical records that affect future treatment.
3. Account takeover
Account takeover happens when someone gains access to your existing financial, email or online accounts using stolen usernames, passwords or other login credentials. Once inside, they may change your contact information, lock you out or make unauthorized transactions before you realize what has happened.
4. Social Security identity theft
A stolen Social Security number can be used to open financial accounts, obtain employment or commit other forms of fraud using another person's identity. Because this information is widely used to verify identity, misuse can have lasting consequences.
5. Credit or debit card fraud
This type of identity theft involves using stolen payment card information to make purchases or withdraw money without permission. Victims often discover the fraud after noticing unfamiliar charges or unauthorized withdrawals on their account statements.
Identity theft investigations can involve complex evidence and serious criminal allegations. If you are facing accusations involving identity theft, it is important to understand your legal rights. Texas criminal defense representation can help you understand the allegations at issue, protect your interests and respond appropriately.]]>On Behalf of Jarvis & Hamilton Law Firm<![CDATA[Texas imposes severe penalties for fentanyl-related charges]]>https://www.bobjarvis.com/?p=472292026-07-19T22:35:40Z2026-07-19T22:35:40ZRecent legislative changes
The state increased penalties for fentanyl offenses through several measures. Lawmakers expanded the definition of “serious bodily injury” in overdose cases and created enhanced penalties for distribution that results in death. These changes apply to fentanyl in any form, including counterfeit pills containing synthetic opioids.
The updates also increased minimum penalties for possession of larger quantities. While small amounts can lead to felony charges, large quantities can trigger first-degree felony exposure.
Penalties for possession and distribution
The penalties vary based on weight and circumstances. Here are some of the key ranges under current law:
Possession of less than one gram can lead to a state jail felony.
Possession of one to four grams can result in a third-degree felony.
Possession of four to two hundred grams can support a second-degree felony.
Possession of more than two hundred grams can trigger a first-degree felony.
These already harsh penalties increase when distribution causes serious injury or death. Texas created a separate offense for supplying fentanyl that results in a fatal overdose. It may be charged as a first-degree felony with significant prison exposure.
What these changes mean for defendants
Texas continues to treat fentanyl cases with heightened scrutiny. Courts evaluate quantity, packaging and any evidence of distribution and cases involving counterfeit pills or overdose harm receive particular attention. The need for a strong defense cannot be overstated when facing fentanyl-related charges in Texas.]]>On Behalf of Jarvis & Hamilton Law Firm<![CDATA[Can a white collar crime charge affect your career?]]>https://www.bobjarvis.com/?p=472282026-06-30T23:43:16Z2026-06-30T23:43:16ZHow can a criminal charge impact your job?
Many employers conduct background checks or require employees to report pending criminal charges. Depending on your position, your employer may place you on administrative leave, suspend you or even terminate your employment while the case is pending.
Jobs that involve handling money, confidential information or positions of public trust often receive greater scrutiny. Employers may view white collar crime allegations as raising concerns about honesty, judgment or integrity, even if you have not been convicted.
A charge does not automatically mean you will lose your job, but it can create significant employment challenges.
Can a white collar crime charge affect your professional license?
Depending on the profession and the outcome of the case, a licensing board may issue a warning, impose probation, suspend a license or seek revocation. Each profession has its own disciplinary process and standards.
Why early legal representation matters
White collar crime cases often involve complex financial records, digital evidence and lengthy investigations. An experienced criminal defense attorney can evaluate the evidence, identify weaknesses in the prosecution's case and develop a strategy designed to protect both your legal rights and your professional future.
Early intervention may also help address collateral consequences, such as employer concerns or licensing issues, before they become more serious.
Protecting your future
A criminal charge does not automatically define your career or determine your professional future. Every case presents unique facts, and the outcome may significantly affect your employment opportunities and licensing status.
If you are facing allegations of a white collar offense, obtaining experienced legal guidance as early as possible can help you understand your options, protect your reputation and work toward the best possible resolution for both your case and your career.]]>