Recent Blog Posts

Teens and Marijuana Arrests

Attorney Nicholas R. Westbrook — Fri, 11 May 2012 17:46:00 GMT

Over the last several years, more and more teenagers have been arrested for possession of marijuana and driving under the influence of marijuana.

The reasons can be attributed to a common misconception amongst teens that marijuana does not have a negative effect on their driving. With some teens thinking that driving after smoking marijuana can actually improve their driving skills by slowing them down and helping them concentrate. With only 70% of teens acknowledging that smoking marijuana while driving is distracting to their driving, it is no surprise that there has been an increase in DUI arrests amongst teenage drivers.

Most teens fail to consider the impact of their poor decisions – including the consequences of a drug-related arrest or conviction. While educators and campaigns may target the health and social reasons why teens should avoid drugs, the legal implications of DWI are not normally found out till it is too late. Futures can be destroyed, as drug crimes are heavily prosecuted and hard to deal with down the road.

The reality of jail, fines, and suspended licenses bring the consequences of their actions into perspective. Sadly, when it’s too late, teens finally realize their futures will be significantly altered with a criminal record. This is particularly worrisome in our current economy, where jobs are scarce and unemployment is increasing.

A conviction – especially for a drug-related crime – can have disastrous consequences on a teen’s future. Certain career paths may no longer be open, including many professional degrees. The teen may also have problems with his or her license, ability to travel, and other related problems.

If you have been arrested for possession of marijuana or any other drug-related crime, please contact the Law Office of Nicholas R. Westbrook today. I have assisted hundreds of clients with drug-related offenses and helped them avoid jail, license suspensions, and other penalties. Start protecting your freedom today. Call us at 713-936-2174.

Law Office of Attorney Nicholas R. Westbrook

3730 Kirby Street, Suite 1200 A

Houston, Texas 77002

713-936-2174

Understanding the Consequences of Violating Probation in Texas

Attorney Nicholas R. Westbrook — Fri, 16 Mar 2012 16:49:00 GMT

Violating a probation order is a serious charge in Texas. You could land back in jail to serve out the remainder of your original sentence. Many Judges will give you the maximum sentence to teach you a lesson. What's more, you could also be subject to additional penalties and fines for violating your probation. These penalties can add to your jail time and/or increase the severity of your sentence. Fortunately, a good Texas criminal defense lawyer can make all the difference. The Law Office of Nicholas R. Westbrook can help.

It’s important to remember that if you are charged with violating your probation, you will not have as many legal rights when launching your defense as you did in your original case. The standard of proof is much less and you will not be entitled to a jury. Moreover, your probation violation does not need to be proven beyond a reasonable doubt. The State will initially file a Motion to Adjudicate Guilt (if you’re on deferred adjudication) or a Motion to Revoke Probation (if you’re on straight probation). The Court will then set a hearing to discuss the alleged probation violations. The probation officer will show all the violations to the Judge, and the Judge will determine if you can stay on probation or need a harsher penalty. Your probation officer will typically make a recommendation to the Judge, but the ultimate decision rests with the Judge.

Violating your probation doesn't necessarily mean you will be sent to jail. But it takes some persuasive discussions with the probation department and the Judge to avoid a harsh penalty. I have helped numerous clients with these Motions. If you are facing a revocation hearing or have violated the terms of your probation, please give me a call. I will do everything possible to convince the Judge to keep you on probation and avoid jail time.

Law Office of Nicholas R. Westbrook

3730 Kirby Drive, Suite 1200 A

Houston, Texas 77098

713-936-2174

A Criminal Record Can Limit Your Ability To Get A Job

Attorney Nicholas R. Westbrook — Wed, 07 Mar 2012 02:07:00 GMT

Have you been arrested for a crime in Texas? If so, you know the negative effects this arrest can have on your life. It can sometimes limit your ability to get a job or financial aid, and may prevent you from renting a home or apartment. It can be embarrassing and financially straining to deal with the potential problems associated connected with a prior arrest. Fortunately, there is a way to clear your name and erase the arrest: Expunction.

When a criminal record is expunged, it is essentially destroyed. It is as though you were never arrested and the record never existed. It is important to note, however, that only certain kinds of criminal records can be expunged. Only those records that contain "non-conviction" data can be expunged. In other words, you can only expunge an arrest record if you were arrested but not charged, or the charge did not lead to a conviction, or your case was dismissed. If you were arrested and convicted, or received deferred adjudication probation, you are not eligible for expunction. A conviction is final – meaning there is no way to erase it. If you went on deferred adjudication, you are also prohibited from expunging the record; however, you may be eligible to seal the record through Nondisclosure.

To have your Texas criminal record expunged, you must file a Petition for Expunction in the Civil Court system in the County of your arrest. The Petition is a formal request to the law enforcement agency that made the original arrest, the District Attorney’s Office, and the Texas Department of Public Safety (the entity that controls criminal records in Texas) to expunge or erase the records associated with your arrest. If your request is accepted by the Court, your record will be destroyed and will no longer appear in the official databases in Texas. So if a potential employer does a criminal background check before offering you a job, an expunged record will not show up in their search. This is a huge benefit for you. This is a long process, which can take up to 6 months to complete. If you are contemplating an expunction, it is best to act quickly in light of the lengthy process.

If you are concerned about a prior arrest and its effects on your future, please contact the Law Office of Nicholas R. Westbrook today. I can file the necessary Petition on your behalf, as well as attend any and all hearings. The cost for expunction depends on your case and prior criminal history. I work with all budgets and offer flexible payment plans. To discuss your options, please call my office at 713-936-2174. The sooner you act, the sooner your record will be expunged and erased.

Law Office Of Attorney Nicholas R. Westbrook

3730 Kirby, Suite 1200 A

Houston, Texas 77098

Expunging Your Criminal Record

Attorney Nicholas R. Westbrook — Thu, 09 Feb 2012 22:54:00 GMT

Expunging Your Criminal Record

Some three years after the economic downturn, unemployment continues to hover at nine percent nationally. Consequently, the competition for jobs is severe. For those previously arrested or charged with a criminal offense, their prior criminal records often impact their chances of getting hired. Not only has the reeling economy brought attention to the issue, but advances in technology have made it ever easier to complete a background check almost instantly, no matter what state is involved. Those inquiries quickly return information across the country and may make the difference between having a new job and continued unemployment.

As with many states, Texas permits certain criminal records to be expunged (Texas Code of Criminal Procedure, Article 55). The formal term in Texas is called "Expunction", and it is important to note the statute does not apply to all criminal proceedings. However, those arrested for misdemeanors and felonies (with some designated exceptions) may apply to have their records expunged upon acquittal, or after a conviction and subsequent pardon (very rare). Records may also be expunged if criminal charges are dismissed before trial, which is the usual scenario for an expunction.

Once a criminal record is expunged, you may deny the existence of the arrest and all related events – unless you are asked about the arrest or expunction in a subsequent criminal proceeding. This means you can deny the criminal record on any employment application, lease, or financial aid document.

Although the law governing Texas is complicated, it provides significant relief when applicable. If you have a prior case that was dismissed, no-billed, or you were acquitted of the charges, chances are you can seek an expunction. To determine your eligibility for an immediate expunction, please call the Law Office of Nicholas R. Westbrook.

Criminal Defense Attorney Nicholas R. Westbrook

3730 Kirby Drive, Suite 1200A

Houston, Texas 77098

(713) 936-2174