Jarvis & Hamilton Law FirmFindLaw IM Template2026-08-25T15:08:27Zhttps://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[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.]]>On Behalf of Jarvis & Hamilton Law Firm<![CDATA[What are geofence warrants, and are they legal?]]>https://www.bobjarvis.com/?p=472272026-06-30T23:29:24Z2026-06-30T23:29:24Zrecent blog post.
But, can law enforcement use their resources to find out if someone’s phone was in the vicinity of a crime? That’s another question. The U.S. Supreme Court (SCOTUS) ruled on that in one of its final decisions before recessing until the fall.
The SCOTUS decision
In a 6-3 decision that brought together several of the more conservative justices and those who are considered liberal, the majority ruled that a modern law enforcement technique known as “geofencing” requires probable cause just like a traditional search warrant to help ensure people’s Fourth Amendment protection against unreasonable searches.
The SCOTUS decision does not prohibit the use of geofence warrants, which are a type of “reverse search warrant.” However, it does require that they receive more scrutiny from judges before being signed and must limit the parameters to that of a “reasonable” search in terms of time and location. Writing for the majority, Justice Elena Kagan said, "The Fourth Amendment must, as ever, protect against unjustified government intrusion on the privacy of the individual.”
The case before the court
The specific case that made it to the high court involved a warrant served on Google to determine what cellphones were near or in a bank in a two-hour period surrounding a nearly $200,000 robbery. That information led them to the suspect, who confessed and was convicted before challenging the method used to identify him.
The attorneys for the defendant argued that geofence searches violate the Fourth Amendment because they allow law enforcement "to search first and develop suspicions later." SCOTUS left it to the lower court in this case to determine whether the geofence warrant was valid under the Fourth Amendment.
In his dissent, Justice Samuel Alito chastised the majority for "striking a pose as a great champion of privacy in the digital age." However, as increasingly more information is available if tech companies are required to provide it, it’s critical to ensure that our basic rights are protected.
These geofencing searches can potentially uncover millions of people’s locations. While users can choose not to allow individual phone apps to track them, some apps need to always know a user’s location to work effectively – for example, to notify them of nearby fires and other emergencies.
If evidence is obtained illegally, it can end an entire criminal case. That’s one reason it’s smart to get sound legal guidance as early as possible if you or a loved one is charged with a crime. The law is ever-evolving, and understanding its nuances can impact a case profoundly.]]>On Behalf of Jarvis & Hamilton Law Firm<![CDATA[How another’s prescription meds can land you behind bars]]>https://www.bobjarvis.com/?p=472202026-06-18T20:45:02Z2026-06-18T20:45:02ZMany people do not realize that possessing someone else's prescription medication can lead to serious criminal consequences in Texas. Because prescription drugs are often viewed as legitimate medications prescribed by a doctor, individuals sometimes assume there is little risk in borrowing, sharing or carrying another person's prescription. Under Texas law, however, that assumption can be costly.
Prescription medications are prescribed to specific individuals for specific medical purposes. When a person possesses a controlled substance without a valid prescription in their own name, law enforcement may treat the situation as unlawful possession. It does not matter that the medication originally came from a pharmacy or was legally prescribed to someone else.
Unlawful offenses involving prescriptions
Common examples of prescription-related offenses that may be prosecuted by state or federal law enforcement include carrying a family member's pain medication, taking a friend's anti-anxiety pills before a flight or holding prescription drugs for another person. While these situations may seem harmless, they can result in criminal charges if the medication at issue is classified as a controlled substance and an individual lacks legal authorization to possess it.The potential penalties for such offenses depend on several factors, including the type of medication and the amount involved. Unlawful possession of prescription drugs such as oxycodone, hydrocodone, Xanax, Adderall and other controlled substances may result in significant criminal consequences. Depending on the circumstances, a person may face misdemeanor or felony charges, fines, probation or even imprisonment.Prosecutors generally must prove that the accused knowingly possessed the medication. Questions about ownership, access and control of the drugs may become important issues in a defense strategy. For example, medications discovered in a shared vehicle or residence may raise factual disputes regarding who actually possessed them. Depending on the circumstances at issue, a successful defense to prescription-related charges may be possible. ]]>On Behalf of Jarvis & Hamilton Law Firm<![CDATA[Under investigation for a crime? Remember these 3 rules]]>https://www.bobjarvis.com/?p=472192026-06-11T17:10:05Z2026-06-11T17:10:05ZIf you discover or suspect that you are under investigation for a crime, it’s important to tread carefully going forward. Certain actions can worsen your situation, while others could potentially improve it.Here are three things you need to remember when you’re in legal jeopardy:
1. Don’t be overly trusting or talkative
Police officers are not obligated to be truthful when they question you. They can lie about the evidence they have – and more – to put pressure on you and push you into a confession. It’s your constitutional right to say nothing, and it’s often best to exercise it and inform the officers you will be doing so. You don’t have to answer any police questions other than to confirm your identity.
2. Don’t attempt to evade an arrest
It’s unnerving to think that the police could be at your door, ready to put you in handcuffs. Do not try to flee, however. Not only could any attempt to evade arrest be seen as consciousness of guilt, but it could also lead to additional charges.
3. Don’t try to influence witnesses
“Witness tampering” covers a wide range of behavior, from asking a friend to tell a “white lie” about where you were one evening to contacting the alleged victim of the case and asking them not to cooperate with the police. Do not try to exert any control over others who may be involved in your case, or you could find yourself facing new accusations. Finally, it’s crucial to remember that, if you are arrested and questioned, the police are obligated to let you know that you have a right to call a legal representative. It’s wise to use it.]]>On Behalf of Jarvis & Hamilton Law Firm<![CDATA[Can a police officer ask to search your phone?]]>https://www.bobjarvis.com/?p=472172026-05-28T03:15:33Z2026-05-28T03:15:33ZMany people’s lives are intrinsically tied to their phones. The phone contains location data showing where the individual was, it keeps records of text messages or direct messages, it stores pictures and videos, and much more.
As such, it is natural that police officers want to search a person’s phone while conducting a criminal investigation. Is the officer allowed to do so, or do you have an expectation of privacy with your own device?
Attempts to gain your consent
Yes, an officer can ask, and they are trying to get your consent to search the phone. However, you do not necessarily have to give them your consent. In the same way that you can deny a search of your home or commercial property, you can tell them that you are not going to give them consent to search the device. If you do not, however, they can often get a search warrant from a judge. This would authorize them to search your phone even without your consent.Additionally, the police can sometimes serve these search warrants to third parties that also have access to your information. Facebook has turned over direct message records to the police, for example. They may consider serving the warrant to a social media company or a cloud storage company if you back up your device to the cloud. In these cases, the police can sometimes get the evidence they are looking for without actually unlocking your phone or searching the device itself.
Not all searches are valid
Phone searches can sometimes be controversial, and you may feel that the police illegally searched your device without consent or a warrant. If there are questions about the search procedures or what evidence can be admitted in court, it is important to carefully consider your legal options.]]>On Behalf of Jarvis & Hamilton Law Firm<![CDATA[What should you know about a plea agreement?]]>https://www.bobjarvis.com/?p=472152026-05-15T20:57:32Z2026-05-15T20:57:32ZPeople who are facing criminal charges often want to get their case over and done with as soon as possible. One way that this may happen is with a plea deal, which is an agreement between the prosecution and the defense regarding the outcome of the case.
While a plea deal may seem like the perfect way to resolve a criminal case, there are some specific things that a defendant should consider before they enter into an agreement. For example, a defendant should realize that they can’t appeal a plea deal.
Plea deal negotiations
Plea deal negotiations often occur directly between the attorneys handling the case. These discussions often involve the charge that the person will admit to, the penalty that’s being agreed to and any other conditions that are important for either side. It’s possible that charges may be reduced or some counts may be dismissed. Sentence recommendations, which can include incarceration, probation or a variety of others, are also part of the discussion.
After the deal is reached
Once the prosecution and defense reach an agreement, the deal isn’t done. The agreement has to be presented to the court. The judge will question the defendant to determine if they understand the terms of the plea deal. They will also look at the conditions to decide if those are suitable for the case. If the court accepts the agreement, the case is handled accordingly. The court has the option of rejecting the agreement and sending it back for renegotiation. If a new agreement can’t be reached, a trial can proceed. Plea deals are often complex and require an attorney to work through them since most prosecutors will only work with the defendant’s attorney. Understanding the plea deal’s specifics is critical. Until the plea deal is finalized, defendants should work on their defense strategy.
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