Monday, May 28, 2012

Austin Criminal Defense Attorney - Austin DWI Attorney - Austin Jail Release


Austin Criminal Defense Attorney and Austin DWI Lawyer - Austin Traffic Ticket Lawyer - Austin Bail Bonds - Austin Jail Release - Austin Divorce Attorney, Austin Attorney

WE ARE AVAILABLE TO ASSIST WITH JAIL RELEASE IN TRAVIS COUNTY. 




OUR PHONES ARE ANSWERED 24 HOURS A DAY. CALL US AT 512-457-5200.


What should you do if you or someone you care about has been charged or is about to be charged with a crime? You should call Austin Criminal Defense Attorneys with a proven record of helping clients in the toughest situations of their lives. You should call Austin Criminal Defense Attorneys, the Law Offices of Jason Trumpler, P.C.

State prosecutors have become increasingly aggressive in the manner in which they charge individuals. As a seasoned Criminal Attorneys in Austin, Texas, The Law Offices of Jason Trumpler, P.C. have successfully defended every type of criminal case from traffic tickets and DWI to the more serious charges, ranging from drug possession, assault family violence all the way up to non-capital murder.

Hiring the right defense attorney to help is the most important decision you can make. As Travis County criminal lawyers, we will take great care to make you and your case stand apart from the others and obtain the best possible outcome. If you are charged with a crime, from theft to assault family violence, from marijuana possession to DWI, in Austin's local courts, the Law Offices of Jason Trumpler, P.C. can help you.

The Law Offices of Jason Trumpler, P.C. practice covers all types of  criminal defense cases, ranging from drug possession, to robbery, burglary, DWI and assault family violence, The Law Offices of  Jason Trumpler, P.C. strive to provide the best defense. The Law Offices of Jason Trumpler, P.C. offer confidential consultations without any fee and will work with families to provide a fee structure that suits your circumstances.

The Law Offices of Jason Trumpler, P.C. is centrally located in downtown Austin at 512 East 11th Street, Suite 110, Austin, TX 78701.


The Law Offices of Jason Trumpler, P.C.'s phones are answered 24 hours a day. Our number is (512) 457-5200. (Save that number into your phone you will never know when you might need it.)

For updated information about the criminal defense process in Austin, Texas and California please see our Criminal Defense Blog, which contains analysis of current criminal cases throughout Texas and California.
We also handle select personal injury cases, family law matters, basic business formation, and civil litigation.

For more information about the services we offer please click Our Services.


Please feel free to call me at (512) 457-5200 or you can contact me ONLINE.

JASON TRUMPLER
MANAGING SHAREHOLDER
The Law Offices of Jason Trumpler, P.C.

With offices in Austin, Texas; Dallas / Ft. Worth, Texas; San Antonio, Texas; and Belton, Texas
866-722-8400
www.trumplerlaw.com
jason.trumpler@trumplerlaw.com

Jason Trumpler is a former prosecutor with exceptional trial experience. Mr. Trumpler graduated magna cum laude from Whittier College in 1997, with a Bachelor of Arts degree in Political Science. He obtained his law degree from the University of Texas at Austin School of Law in December 1999.

Before opening his own office, Mr. Trumpler was the Supervising Attorney of the Orange County, California Office of The Law Offices of Myles L. Berman, a firm that specializes in drunk driving defense. Prior to working for The Law Offices of Myles L. Berman, Mr. Trumpler spent three years working for the Orange County District Attorney's Office.

During his tenure with the Orange County District Attorney's Office, Mr. Trumpler handled thousands of criminal cases at both the pre-trial and trial stage. In addition, he trained law enforcement officers throughout Orange County. Mr. Trumpler also previously worked with the Ventura County District Attorney's Office as a Deputy District Attorney. In that capacity he also handled hundreds of cases.

Over his career, Mr. Trumpler has completed over to 100 jury trials. Mr. Trumpler concentrates his practice in defending people accused of crimes throughout Central Texas and Southern California. Mr. Trumpler now primarily resides and maintains the headquarters of The Law Offices of Jason Trumpler, P.C.in Austin, Texas though he frequently travels throughout Texas to handle cases.  He also routinely travels back to his home in http://trumplerlawca.com/huntington-beach-criminal-defense.htm"> , California to handle cases throughout Southern California.




Additionally, Mr. Trumpler is a proud veteran of the United States Army. He received his Honorable Discharge in April of 2003. He served his country from 1996 to 1997 as a peace keeper in the former Yugoslavian Republic of Bosnia.  In his spare time, he enjoys spending time with his four sons, reading, and traveling.

Meredith “Shelly” Troberman
Managing Attorney Austin Office and Founding Partner
Co-Lead Attorney Criminal Division
Meredith@trobermanlaw.com
www.trobermanlaw.com
meredith.troberman@trumplerlaw.com
www.trumplerlaw.com
512-478-3800
866-722-8400

Meredith Troberman was born in San Antonio, Texas but spent her childhood and early adult years in the Dallas / Fort Worth area. Ms. Troberman attended the University of Texas at Austin and graduated in 2001. Meredith then pursued her life long dream of becoming a lawyer and attended St. Mary’s School of Law in San Antonio and graduated in 2006. Meredith became licensed to practice in both the State and Federal Court in 2006.

While in law school, Meredith gained invaluable experience beyond the classroom working as an intern in the Bexar County District Attorney’s Office. Before she even graduated, Meredith tried several cases, receiving a firsthand education on the criminal process through the “lens” of a felony prosecutor. Also while in law school, Meredith was a chosen member of the highly competitive St. Mary’s External Advocacy Program where she traveled all over the country and received numerous awards for her outstanding advocacy skills. Meredith was, on several occasions, recognized as one of the best oral advocates in her 2006 graduating class.

After her third year of law school, Meredith was hired as a law clerk for famed San Antonio defense Attorneys, Gerry Goldstein and Cynthia Orr; as seen on CNN, ABC, FOX, Court TV, 20/20 and many other news programs. After passing the Texas Bar Exam, Meredith accepted an attorney position with Goldstein, Goldstein and Hilley and worked on a number of State and Federal cases. During this period of time, Meredith learned the defense process from pre-indictment all the way through the appeal from two of the very best criminal defense attorneys in the country, Gerry Goldstein and Cynthia Orr.

After leaving Goldstein, Goldstein and Hilley in January of 2007, Meredith became a prosecutor in Austin, Texas. As a prosecutor, Meredith gained extensive experience in the courtroom trying cases, as well as behind the scenes negotiating cases. She understands cases from both the State and defense perspectives, easily recognizing issues and weaknesses. Meredith is extremely familiar and comfortable in the Travis County Courts and with all the parties associated therein. She uses this knowledge to the advantage of all her clients.

After leaving the Travis County Attorney’s Office, Meredith chose to put her experience to work and open her own criminal defense firm, representing those accused of criminal conduct by the government. Meredith’s law practice is dedicated to defending the rights of the criminally accused against prosecution by the State of Texas and the Federal Government. Unto every case she has been part of, Meredith Troberman brings compassion, experience, and skill defending the criminally accused.

In 2012, the Law Offices of Meredith "Shelly" Troberman merged with the Law Offices of Jason Trumpler, P.C. The new firm, known as the Law Offices of Trumpler and Troberman has the ability to assist clients throughout the State of Texas with any type of legal matter.

In her spare time, Meredith enjoys yoga, running, snowskiing, spending time with her daughter, family and friends, her two dogs, and is an avid University of Texas Football fan. Meredith currently resides in the Tarrytown Community of Austin, Texas.

We handle all types of criminal charges ranging from traffic tickets, and low level misdemeanors to serious felonies, including, but not limited to:

Driving while Intoxicated ( DWI / DUI)
DWI Tips
DWI FAQs
BWI
ALR Hearings
Occupational Licenses
Theft
Drugs, Possession or Sales
Drug Crimes Defense Lawyer
Texas Narcotics Possession Criminal Defense Lawyer
Marijuana Defense
Unlawful Weapons
Trafficking Possession with Intent to Deliver
Assault
Driving While License Suspended ( DWLS )
Sexual Offenses
Domestic Violence / Family Violence
Prostitution
Probation Violations
Expunctions / Expungements
Orders of Non-Disclosure

We also handle select personal injury cases, estate planning, family law matters, basic business formation, and civil litigation. For more information about the services we offer please click Our Services.

Attorney Biographies
The Law Offices of Jason Trumpler
The Law Offices of Jason Trumpler California
Austin Criminal Defense Lawyer
Austin DWI Lawyer
Travis County Criminal Defense Lawyer
Austin Jail Release
Austin Bail
Travis County Jail Release
Travis County Bail
Texas DWI Information
Texas ALR Hearing Information
Texas Occupational License Information
Plugerville Criminal Defense Attorney
Georgetown DWI Attorney
Georgetown Criminal Defense Lawyer
Williamson County DWI Lawyer
Williamson County Criminal Defense Lawyer
Hays County Criminal Defense Lawyer
Hays County DWI Attorney
San Marcos Criminal Defense Lawyer
San Marcos Criminal DWI Attorney
Killeen DWI Lawyer
Killeen Criminal Defense
Bell County Criminal Defense Lawyer
Bell County DWI Attorney
Temple Criminal Defense Lawyer
Temple
Temple DWI Attorney
Fort Worth Criminal Defense Attorney
Fort Worth DWI Lawyer
Tarrant County Criminal Defense Attorney
Tarrant County DWI Lawyer
New Braunfels Criminal Defense Lawyer
New Braunfels DWI Atttorney
The Law Offices of Trumpler, Troberman & Huie
The Law Offices of Jason Trumpler, P.C.

Thursday, May 24, 2012

Man Arrested For DWI with Zebra and Parrot in Front Seat

Man Arrested For DWI with Zebra and Parrot in Front Seat

A man in Iowa was arrested for OWI - operating while intoxicated, the terminology used in some states for what is more familiar as DWI or DUI - with a zebra and a parrot in the front seat of his truck. The man claims that he was not driving and the arrest was made in the parking lot of a restaurant. The article is not clear on the facts but it appears police claim he was behind the wheel and driving. This will be an important issue for the prosecution of his case as the prosecution will need to show he was "operating" the vehicle. In any event this is certainly an interesting fact pattern, and shows once again that DWI cases - unlike zebras - are not always black and white.  

kcrg.com/news/local/Zebra-Parrot-Found-in-Truck-During-Police-Stop-152634465.html?m=y

The Law Offices of Jason Trumpler, P.C.

Tyler, Texas Police to be Out in Force for Memorial Day Weekend

Tyler, Texas Police to be Out in Force for Memorial Day Weekend

In our continuing series of posts noting the stepped up traffic and
DWI enforcement around holiday weekends, we present this item from a
Tyler television station.  A press release from the Tyler Police
Department states:

"The Tyler Police Department is once again stepping up its patrols
targeting DWI drivers for the Memorial Day Holiday.  The department
will be participating in a State Grant during the Memorial Day Holiday
that will provide funding to the department to enforce DWI laws.  The
enforcement detail will be on the look-out for intoxicated drivers
that will start on Friday, May 25th, through Monday, May 28th.

"The Tyler Police Department along with Smith County Law Enforcement
agencies will be out in force during the Holiday on the lookout for
drunken drivers and they won’t be taking “NO” for an answer.  A
multi-joint effort between the Smith County District Attorney’s Office
and police agencies from all over Smith County will participate in the
‘No-Refusal’ DWI Campaign once again.  Upon the arrest of a suspected
drunk driver, he or she will be asked if they would submit to blow
into a breath-test machine or take a blood test.  If the driver
refuses and says “No” officers will obtain an immediate search warrant
signed by a judge on call to have blood drawn by a nurse on staff at
the Smith County Jail.  The blood is then analyzed to determine
whether the driver’s blood-alcohol concentration is 0.08 or higher,
the legal limit for driving in Texas."

We have posted before about "no refusal" weekends where Texas law
enforcement agencies make arrangements to have judges or magistrates
on call to approve search warrants to require a blood draw where
people suspected of DWI have refused a breath test.  As we have noted,
in recent years many Texas cities and counties (including Bexar,
Dallas, Tarrant, and Travis counties) have increased their
capabilities of getting such search warrants year round.  In fact, the
new DIC-24 instruction for 2011 includes an added warning that the
officer may seek a search warrant to compel a blood draw if a breath
test is refused.


http://southeasttyler.kltv.com/news/crime/84762-tyler-officers-lookout-dwi-drivers-during-memorial-day-holiday

Monday, May 21, 2012

Federal Criminal Defense Attorney

Federal Criminal Defense Attorney

Main page url: /federal-criminal-defense-attorney

Federal crimes carry serious penalties including expensive fines and long prison sentences.  In addition, people charged with federal crimes often face civil forfeiture proceedings in federal court where the U.S. government seeks to take their property.  For these reasons it is imperative that anyone charged with violating federal criminal law hire an experience federal criminal defense attorney.

Common federal criminal charges include drug possession and trafficking offenses, money laundering, possession of a firearm by a felon, possession of a firearm in a restricted area, unauthorized access to a computer, and possession or distribution of illegal images.

At the Law Offices of Jason Trumpler we represent clients charged with crimes in federal and state courts throughout the state of Texas.  With offices throughout the state of Texas, we are able to defend clients charged with serious crimes in any United States District Court throughout the state of Texas.  If you are charged with a federal crime, contact the Law Offices of Jason Trumpler, P.C. at 866-722-8400 or 512-457-5200.




Federal Criminal Law

In the United States, the federal government and the government of the individual states are considered “dual sovereigns.”  This structure arises from the US Constitution which provides for a federal government possessing limited powers that is superimposed over the several states.  Saying that the federal government is one of “limited” powers means that the federal government is only supposed to have the powers that are granted it by the United States Constitution.

Federal criminal offenses are defined in federal statutes.  “In 1812 the Supreme Court held that there are no federal common-law crimes.”  Wright, Law of Federal Courts § 21 (West 1994) (citing U.S. v. Hudson & Goodwin, 1812, 7 Cranch 32, 3 L.Ed. 259).  Prof. Wright notes that the reasoning of these cases may have been at odds with the intent of Congress in enacting the Judiciary Act, but, in any event, it is now well-established in federal law that federal crimes must be defined by federal statutes.  “Since federal criminal prosecution must, therefore, rest on an Act of Congress defining the crime, it is clear that all such cases 'arise under' the law of the United States within the meaning of the constitutional grant of jurisdiction. . . .”  Id.  Saying that these cases “arise under” the law of the United States means that the Federal Courts have exclusive jurisdiction over these cases.  Violations of federal criminal law must therefore be charged in federal court.

So in order to be charged with a federal crime, the government must allege that a person has broken a specific federal statute.  The most common federal crimes involve federal drug charges , federal firearms charges , internet crimes , and crimes committed on federal government property.

Most federal crimes and the federal criminal procedures are set out in Title 18 of the United States Code.  The crimes in Title 18 include assault, conspiracy, embezzlement and theft, extortion, fraud, gambling, homicide, kidnapping, and sexual abuse and pornography offenses.  While Title 18 contains most of the federal criminal statutes, it is important to note that federal drug crimes, including possession and trafficking offenses, are codified in Title 21 of the United States Code.

Congress must have the power to act under the Constitution in order for an Act of Congress to be valid, including federal criminal laws.  Some criminal laws are defined by the victim of the crime being a federal employee.  It is well-established that Congress can make laws protecting federal employees under the Constitution.  Other crimes are federal matters because they are committed on federal property.  Aside from these situations, many federal crimes rely on Congress's power under the Commerce Clause, these include wire and mail fraud.  One crime in particular, treason, is defined in the Constitution itself.  In fact, the US Constitution not only defines the crime of treason, it imposes a requirement of two witnesses to the same act of treason before one can be convicted.  The Founders feared government abuses, and they set out to make sure that federal criminal prosecutions were not undertaken lightly.  For this reason they also addressed criminal venue issues in the Sixth Amendment to the Constitution .

An important difference between federal and state criminal charges in Texas is that federal judges and prosecutors are much more limited in the sentences they may impose.  This is because of the Federal Sentencing Guidelines .  While recent Supreme Court case law has made clear that the Sentencing Guidelines are advisory and not mandatory, federal judges and prosecutors are much more limited in their sentencing options – even as part of a plea bargain – than their state counterparts.  In addition to issues under the Federal Sentencing Guidelines, many federal offenses contain statutory minimum sentences.  These mandatory minimum sentences are often very long and in some cases the statute requires that the sentences be served consecutively, meaning that the statutory minimum sentence is “tacked on” and a person convicted of such an offense only begins serving statutory minimum sentence upon completion of any other sentences imposed for other criminal convictions.  Statutory minimum sentences are often involved in federal drug charges and federal firearms crimes.


Federal Statutory Minimum Sentences

A number of federal criminal charges carry statutory minimum sentences.  These are sentences that are imposed by Congress in the statutes themselves.  Normally, state or federal crimes carry a punishment range or a maximum punishment.  In a typical federal criminal case, the Federal Sentencing Guidelines would then suggest a punishment range based on various factors, some of which would cause an upward departure (longer sentence) and some that might cause a downward departure (shorter sentence).  For some crimes, Congress has prescribed a minimum sentence that must be imposed on persons convicted of the offense.  In some cases, Congress has not only prescribed a mandatory minimum sentence, it has also directed that the statutory minimum sentence must be served “consecutively,” meaning that the statutory minimum sentence only begins being served after other sentences have been served.

For example, 18 U.S.C. 924(c) provides for minimum sentences to be served consecutively where a defendant “uses or carries” a firearm during a crime of violence or drug trafficking offense.

Under federal law, once someone has been convicted of an offense carrying a statutory minimum sentence, there are only two circumstances where the federal court is allowed to impose a sentence below the statutory minimum: (1) where the government files a motion seeking a reduced sentence based on the defendant's “substantial assistance” to the government (under 18 U.S.C. 3553(e))or (2) for younger defendants convicted of certain drug crimes (the so-called “safety valve” provision of 18 U.S.C. 3553(f)).



Federal Court

Article I of the Constitution created the United States Congress and defined the powers of Congress.  Article II of the Constitution created the office of President of the United States and the executive branch.  Article III creates the Supreme Court and empowers the Congress to create federal courts “inferior” to the Supreme Court.  One of the first acts of the first Congress was to enact the Judiciary Act of 1789 which for the first time created federal district (trial) courts and lower courts of appeals.  As of 2012 there are 94 United States District Courts, including four district courts in Texas.  There are 13 judicial circuit courts (the federal courts of appeal); all of the states and U.S. territories are assigned to a particular circuit court, for example Texas, Mississippi, and Louisiana are in the Fifth Circuit, while California, Washington, Oregon, and Nevada are in the Ninth Circuit.

The courts of the United States are courts of limited jurisdiction defined by the Constitution (the jurisdiction of the Supreme Court) and Acts of Congress (the jurisdiction of the “inferior” federal courts).  State courts, on the other hand, are generally courts of general jurisdiction where jurisdiction is presumed to exist absent a showing to the contrary.  In federal court, an affirmative showing that federal jurisdiction exists is necessary.  The two main sources of federal jurisdiction are claims that “arise under” federal law or causes involving citizens of different states (known as “diversity jurisdiction”).  Federal criminal charges necessarily arise from federal criminal statutes thus “arise under” federal law.


Venue in Federal Criminal Cases

A protection for criminal accuseds that the Founders considered critical was the requirement that a criminal defendant be tried “in the Vicinage,” an antiquated word for neighborhood or surrounding area.  The Founders felt so strongly about this issue that one of the indictments against the King in the Declaration of Independence “transporting us beyond the Seas for pretended offenses” and the Sixth Amendment requires that “[i]n al criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law. . . .”  Rule 18 of the Federal Rules of Criminal Procedure sets out the specific venue provisions, but in general a person charged with a federal crime must be prosecuted in the district where the crime was alleged to have been committed.  Special rules apply where an offense is alleged to have been committed in no district (on the high seas, for example), where it is not clear in which district a crime was committed, or where a crime is continuing in nature and can be said to have been committed in more than one district.  Conspiracy charges can be brought in any district where any act in furtherance of the conspiracy was committed.

The Law Offices of Jason Trumpler, P.C.

Suspected DUI Driver Caught On California Television News

Suspected DUI Driver Caught On California Television News

A driver was arrested for suspicion of drunk driving after he allegedly "blew through an intersection" just as a California reporter was doing a story on "crosswalk etiquette." Doug Brauner, a reporter for Good Day Sacramento, was doing a segment on crosswalks when the driver allegedly failed to stop just as Brauner was about to enter the crosswalk. The driver was pulled over and arrested on suspicion of driving while intoxicated by California Highway Patrol officer Adrian Quintero who was present while the television segment was being filmed.

sacramento.cbslocal.com/2012/05/17/alleged-dui-driver-blows-through-intersection-during-live-report-on-crosswalk-safety/

The Law Offices of Jason Trumpler, P.C.

Texas and California Entertainment Attorney

At the Law Offices of Jason Trumpler, P.C. we have attorneys skilled in advising clients involved in film and television projects and in drafting contracts, releases, and other documents needed for such projects.  Our attorneys have dealt major television networks in negotiating development deals for reality television programs.  We are also familiar with the various state film and television incentive programs, such as the Texas MovingImage Industry Incentive Program .  These programs vary from state to state, with notable examples in Texas, Louisiana, and Alaska.  In many states, the incentive programs provide transferable tax credits based on the amount spent within the state; in Texas, the incentive program provides a cash rebate for money spent in Texas by qualifying television, film, commercial, or video game projects.

For any project, it is important to have talent agreements, depiction and copyright releases, and agreements relating to the financing, distribution, and merchandising.  If you are involved in a television or film project, or contemplating such a project, it is important to get these agreements in place early.  Many projects crash just when they are getting off the ground because the necessary agreements were not signed.  Once a project gets close to completion, it can become much harder to get the agreements signed as people start to get dollar signs in their eyes.

So if you are involved in a television, film, or videogame production in Texas or California, we can help you draft necessary agreements, obtain necessary licenses and releases, and advise you on matters relating to film production in Texas and CaliforniaCall today because having good enforceable agreements in place early can make all the difference – and money – when your project finally comes to fruition.

  
Texas Television, Film, and Videogame Production Incentive Program

Like many other states, Texas has an incentive program designed to promote the production of television and film projects in the state.  Known as the Texas Moving Image Industry Incentive Program, the rules and requirements are set out in the Texas Administrative Code.  Unlike the programs of several states, the Texas program differs because it provides for a cash incentive payment to producers who qualify.  Other states – such as Alaska or Louisiana – often provide their incentives in the form of tax credits which can be sold to entities with tax liability in those states.  In this way the Texas program is simpler, but that doesn't mean it is simple.

The Texas Moving Image Industry Incentive Program applies to television (including commercials), motion picture, and videogame projects that spend more than $100,000 on qualified Texas spending.  In addition to the minimum amount of Texas spending, other requirements include the percentage of Texas residents who are employed and the percentage of production days completed in Texas.  Projects that qualify are eligible to receive payments of 5% of the amounts spent in Texas and can receive up to 7.5% when enough of the production takes place in “underutilized” areas of the state. 

If you are considering using Texas as a location for a film or television (or videogame) project, contact the Law Offices of Jason Trumplerat 866-722-8400.  With offices in FortWorth, Austin, San Antonio, and Belton as well as southern California, we are uniquely able to help producers apply for the incentive and in organize their productions to maximize their eligibility.  If you are contemplating shooting in Texas, it is important that you contact us before starting because the Texas Moving Image Industry Incentive Program requires that application be made before the first day of production.  We will work with you in making sure you set up your production to be eligible for the incentive (for example, by helping make sure you have documented the Texas residency status of your production's employees) and will make sure that your application materials are organized properly according to the Texas Moving Image Industry Incentive Programrequirements.

The Law Offices of Jason Trumpler, P.C.

Texas Man Receives 99-year Sentence for 12th DWI

Texas Man Receives 99-year Sentence for 12th DWI

On Thursday, May 17, 2012, a Henderson County, Texas man was sentenced to 99 years in prison following his 12th DWI conviction. 

The man was riding a motorcycle when a Log Cabin, Texas officer saw him turn into a ditch. The man recovered and was pursued by the offer before he pulled over. The officer claimed to smell a strong odor of alcohol and the man was taken for blood testing which reportedly showed a blood alcohol level of 0.177.   

http://www.kltv.com/story/18555265/henderson-co-man-sentenced-to-99-years-for-12-dwi

The Law Offices of Jason Trumpler, P.C.