First 10 Days After a DWI in Frisco, Texas: What You Actually Need to Do

Can You Get an Assault Family Violence Case Dismissed in Collin County? Can you actually get an Assault Family Violence case dismissed in Collin County? Yes. But probably not for the reason most people think. Your spouse saying, “I don’t want to press charges,” does not automatically dismiss the case. Signing an affidavit does not automatically dismiss the case. And walking into court and explaining that this was all a misunderstanding definitely does not automatically dismiss the case. So what actually gets family violence cases dismissed? What usually does not work? And what mistakes can take a very defensible case and make it significantly harder? What Does the Actual Evidence Show? The first question is: What does the evidence actually show? This sounds obvious, but people skip this step. They immediately tell me, “My wife wants to drop it.” That’s useful information, but that’s not where I start. I want to know what the 911 call sounds like. What does the body camera show? Are there photographs? Are there injuries? Are those injuries consistent with the story? Did anybody else witness what happened? What did you say to the police? What did the alleged victim say? Did those stories change? Is there surveillance footage? Are there text messages before or after the incident? Because a police report is somebody’s summary of an event. The video is often much more interesting. I’ve seen cases where the written report sounds terrible, and then you watch the bodycam and realize the situation is nowhere near as clear as the report makes it sound. I’ve also seen the opposite. The point is: we don’t defend the police report. We defend the actual evidence. Is the Complaining Witness Credible? Family violence cases frequently turn on credibility. Imagine a case where one person says, “He punched me.” And the other person says, “I never punched her. She was hitting me, and I grabbed her wrists to stop her.” Now we have a completely different case. So what do I look for? Consistency. Did the alleged victim tell the 911 operator one thing and tell the officer something different? Did they say there was a punch but there are no injuries where you would expect them? Does the bodycam contradict part of the story? Were they extremely intoxicated? Did they admit that they hit the defendant first? Do text messages from immediately afterward tell a different story? Are there motives to exaggerate? Divorce. Custody. Infidelity. Money. A breakup. None of those things automatically mean somebody is lying. But they are context. And if the entire case depends on one person’s story, credibility matters a lot. Self Defense Can Completely Change the Case The next question is: Was this actually self defense? This is one of the biggest issues I see in these cases. People think self defense means, “I didn’t touch anybody.” No. Sometimes the defense is: “I absolutely touched them. I was legally justified in doing it.” If someone is hitting you, you don’t necessarily have to stand there and absorb punches because you’re married to them. If somebody comes at you and you push them away to protect yourself, the fact that they fall down does not automatically make you guilty of assault. The important questions become: Who initiated the physical confrontation? What level of force was being used? What did you reasonably believe was about to happen? How much force did you use in response? Did you stop once the threat stopped? This is where video, injuries, witness statements, and the physical layout of the scene can become incredibly important. A case that looks like, “Husband pushed wife,” may look completely different when the evidence shows, “Wife repeatedly struck husband, and husband pushed her backward to get away.” Same push. Completely different legal analysis. What If the Alleged Victim Doesn’t Want to Prosecute? The alleged victim not wanting the case to continue absolutely matters. But it doesn’t work the way people think. The alleged victim doesn’t own the criminal case. The State of Texas does. So they cannot simply walk into the courthouse and say, “I drop the charges.” But their position can still be extremely important. If the complaining witness says, “I don’t want this prosecuted,” “I wasn’t afraid,” “The police misunderstood what I said,” “I was the aggressor,” or “What I originally told the police wasn’t accurate,” those things can materially affect the strength of the prosecution. Sometimes we use a carefully prepared affidavit. Sometimes the complaining witness speaks with the prosecutor. Sometimes they have their own attorney. But here is the critical part: The defendant should not be coaching that process. Do not write the affidavit for them. Do not tell them what to say. Do not threaten them. Do not promise them something in exchange for changing their story. And if there is a no contact order, you don’t contact them at all just because “they’re okay with it.” You can take a potentially dismissible misdemeanor and turn it into a much uglier case very quickly. Sometimes the State Simply Cannot Prove the Case The biggest question is: Can the prosecutor actually prove the allegation beyond a reasonable doubt? That’s the question. Not, “Did somebody get arrested?” Not, “Did the officer believe the alleged victim?” Not even, “Did something happen that night?” The question at trial is whether the State can prove the charged offense beyond a reasonable doubt. Suppose the alleged victim does not testify. The State may still have other evidence. They may have 911 recordings, bodycam, officer observations, photographs, medical records, other witnesses, or statements made by the defendant. But that does not mean every statement on every recording automatically comes into evidence. There are hearsay rules. There are constitutional confrontation issues. There are authentication problems. There are evidentiary objections. And sometimes, once you strip away the pieces of evidence the jury isn’t legally allowed to consider, the case becomes much weaker. That’s where experienced criminal defense work matters. What Does a Dismissal Strategy Actually Look Like? So how do you actually position one of these cases for dismissal? Usually it is not one magic document. It’s layers. Layer one: Get every piece of evidence. Layer two: Identify inconsistencies and legal defenses. Layer three: Preserve favorable evidence before it disappears. Layer four: Understand the complaining witness’s actual position. Layer five: Present the prosecutor with a reason not to spend resources taking a weak case to trial. Sometimes the right approach is quiet. Sometimes it is an aggressive presentation to the prosecutor. Sometimes it is setting the case for trial and making clear that we’re prepared to try it. Every case is different. Three Things That Do Not Guarantee a Dismissal Let me give you three things that people massively overestimate. “She wants it dropped.” Helpful. Not controlling. “There weren’t any injuries.” Also helpful. But Texas assault does not require a broken bone or a black eye. Bodily injury can be much less significant than people think. “It’s my first offense.” Good fact. Still doesn’t mean the State has to dismiss it. A clean record helps. It does not substitute for a defense. The Big Picture If you’re trying to get an Assault Family Violence case dismissed, stop asking: “How do I convince the prosecutor I’m a good person?” Start asking: “What can they actually prove?” That’s the question that matters. What evidence exists? What evidence is admissible? Who is credible? Is there self defense? Are there inconsistencies? Can the State establish every element beyond a reasonable doubt? That is how you analyze a criminal case. What Happens Next? If you’ve been arrested for Assault Family Violence in Frisco, McKinney, Plano, or elsewhere in Collin County, and you want to know whether your case has a realistic path toward dismissal, that’s something we can actually evaluate. I’m Steve Sears with The Sears Law Firm in Frisco, Texas.  Bring me the facts. We’ll get the evidence. We’ll figure out what the State can actually prove. And then we’ll build the strategy around that, not around fear and not around wishful thinking.

What Evidence Does the Prosecutor Use in a Family Violence Case When the Victim Won’t Cooperate? Your spouse says, “I’m not testifying.” So the case is over, right? Not necessarily. Texas prosecutors handle family violence cases every day where the alleged victim does not want to participate. Sometimes those cases fall apart. Sometimes they don’t. So I’m going to show you exactly what evidence a prosecutor may try to use when the alleged victim wants nothing to do with the case, and where the weaknesses in those cases usually are. I’m Steve Sears. I’m a criminal defense lawyer in Frisco, Texas, and a former prosecutor. I handle Assault Family Violence cases throughout Collin County. One of the biggest misunderstandings I hear is, “If she doesn’t show up, they have no case.” That’s too simple. The better question is: If the complaining witness never takes the witness stand, what admissible evidence is left? Because that’s what ultimately matters. Let’s break the prosecution’s case into six buckets. The 911 Call Number one: the 911 call. This is frequently one of the most important pieces of evidence in a family violence case because it happens close in time to the alleged incident. People may be crying or upset, and you can sometimes hear other people in the background. The dispatcher is asking, “What happened?” “Is anybody hurt?” “Is he still there?” “Are there weapons?” Sometimes the entire allegation gets laid out on that recording before the police ever arrive. So if the alleged victim later says, “I don’t remember,” or “I don’t want to testify,” the prosecutor may look at that 911 call and think, “I already have the story.” But here’s the important part: A recording existing does not automatically mean every statement on it is admissible at trial. There can be hearsay issues. There can be confrontation issues. The circumstances under which the statement was made matter. So one of the first things I want in these cases is the actual 911 audio, not somebody else’s summary of what was said. Body Camera Footage Number two: body camera footage. This has fundamentally changed family violence prosecutions. Twenty years ago, a case might have been, “She said this. He said that.” Today, we may have 45 minutes of video beginning almost immediately after the police arrive. And I’m looking at everything. What does the alleged victim look like? Are they calm, crying, angry, or intoxicated? Do they have visible injuries? Is their story consistent? Do they change details as different officers ask questions? What does the defendant look like? Does the defendant have injuries? Is the alleged victim yelling while the defendant is trying to leave? Are there holes in the story that somehow never made it into the written report? Bodycam can absolutely help the State. But it can also destroy the State’s theory of the case. I have seen reports that sound very clean until you actually watch what happened. That’s why I tell clients: Don’t panic about what the report says until we’ve watched the video. Photographs and Physical Evidence Number three: photos and physical evidence. Police routinely photograph red marks, scratches, bruises, torn clothing, broken furniture, holes in walls, blood, and damage around the house. The prosecutor may use those photos to corroborate somebody’s version of the event. But here’s the defense question: What do the pictures actually prove? A bruise proves there’s a bruise. It does not necessarily prove who caused it. A broken lamp proves a lamp broke. It does not tell you who broke it. A scratch on one spouse may support their allegation, or it may be completely consistent with the other spouse defending themselves. Evidence doesn’t interpret itself. Context matters. Other Witnesses Number four: other witnesses. This is the part defendants sometimes forget. Maybe the spouse won’t testify, but who else was there? Children, neighbors, friends, apartment security, a bartender, someone on FaceTime, or someone the alleged victim called immediately afterward could all potentially have information about what happened. Sometimes nobody actually saw the physical contact, but someone heard screaming through the wall. Or a neighbor watched one person chase the other into the parking lot. Or a family member received a phone call five minutes later. The prosecutor is going to look for ways to build the case without relying entirely on one witness. And so should the defense. Because other witnesses can also tell a completely different story. Your Own Statements Number five, and this is the one defendants hurt themselves with constantly: your own statements. The alleged victim may refuse to cooperate. But if you told the officer, “Yeah, I pushed her, but she wouldn’t stop yelling at me,” the prosecutor now has something they may try to use that came directly from you. Or, “I only grabbed her around the neck for a second.” Or, “I slapped the phone out of her hand.” People think they’re explaining themselves. They’re actually filling holes in the prosecution’s case. And remember: The officer doesn’t have to write the statement perfectly in the police report if it’s sitting there on bodycam. This is why I generally do not want my clients trying to talk their way out of an arrest once police have decided they’re investigating them for a crime. You don’t know which fact the State is missing. Don’t give it to them. The Alleged Victim’s Prior Statements Number six is the complicated one: What about everything the alleged victim already said? Maybe your spouse now says, “I’m not coming to court.” That doesn’t erase the 911 call, what they told the officer, statements recorded on bodycam, messages they sent, or statements they made to medical personnel. But here’s where criminal procedure becomes extremely important. The prosecutor cannot necessarily just stand up at trial and play every statement because the witness isn’t there. Some statements may be admissible. Some may not. It depends on things such as why the statement was made, when it was made, the circumstances surrounding it, whether a recognized evidence rule applies, and whether admitting it would violate the defendant’s constitutional right to confront witnesses. This can become one of the most important battlegrounds in a noncooperative witness case. Does a Noncooperative Victim Help the Defense? Yes. Usually. Think about it practically. Would a prosecutor rather have a cooperative complaining witness who comes to court, looks the jury in the eye, tells a clear story, and answers questions? Or someone who says, “I don’t want this prosecuted.” Obviously, the first case is easier. So a noncooperative complaining witness can create very real problems for the State. But harder is not the same thing as impossible. The stronger the independent evidence, the less the prosecutor needs the witness. If there’s clear surveillance video, a damaging 911 call, serious injuries, independent eyewitnesses, and an admission by the defendant, the victim’s cooperation may matter a lot less. On the other hand, if the case is one allegation, no injuries, no independent witnesses, no admission, conflicting statements, and a witness who will not support the accusation, that’s a very different prosecution. The Defense Analysis So when I get one of these cases, I don’t just ask, “Is the victim cooperating?” I ask: What evidence exists without them? Which pieces are actually admissible? Does the physical evidence corroborate or contradict the accusation? Did my client make statements that fill in the gaps? And finally, can the State prove the case beyond a reasonable doubt without putting the complaining witness in front of the jury? That fifth question is the one that matters. The Biggest Mistake And let me give you the biggest mistake defendants make once they hear that the alleged victim doesn’t want to cooperate. They start contacting them. “Don’t go to court.” “Tell them nothing happened.” “Sign this.” “Just say you lied.” Do not do that. Apart from potentially violating your bond conditions or a protective order, you can create an entirely new allegation that you pressured a witness. You may have just handed the prosecutor an explanation for why their witness suddenly changed positions. If the alleged victim wants legal advice about their obligations or wants to communicate their position to the State, they can get their own attorney. Do not manufacture evidence for the prosecution while trying to destroy evidence for the prosecution. What Happens When the Victim Won’t Cooperate? So if the alleged victim won’t cooperate, what does the prosecutor use? Potentially, the 911 call, body camera footage, photos and physical evidence, other witnesses, your statements, and prior statements from the alleged victim that the State can legally get admitted. The question isn’t whether the victim wants the case prosecuted. The question is: What admissible evidence is left when the jury walks into the courtroom? That’s where these cases are won and lost. What Should You Do If the Alleged Victim Won’t Cooperate? If you’re charged with Assault Family Violence in Collin County and the alleged victim says they don’t want to cooperate, don’t assume that means the case disappears. But don’t assume the State can prove it either. I’m Steve Sears with The Sears Law Firm in Frisco, Texas. My job is to take apart the evidence piece by piece, figure out what the prosecutor actually has, and determine whether they can prove the case they charged. If you want me to look at your situation, reach out to my office and we’ll go through it.  Visit https://www.thesearslawfirm.com/ to learn more.

Your first DWI court date is not a trial.  You’re not walking into a surprise jail sentence. You’re mostly standing around while lawyers talk. But there are a few ways to make mistakes that can create bigger problems. Let me walk you through exactly what happens at that first setting in Collin County, start to finish, so you know what to expect and what actually matters. What Happens at Your First DWI Court Date? My name is Steve Sears. I’m a criminal defense attorney in Frisco, a former prosecutor, and I handle DWIs in Collin County every single week. If you have a first court date coming up for a DWI, you are probably imagining the worst-case scenario. You might be wondering: “Am I going to jail?” “Is the judge going to punish me?” “What happens when I walk into that courtroom?” I want to eliminate the fear, explain what actually happens, and show you what matters and what does not on Day One. By the end of this article, you’ll understand: What the first court date is really for What you should do and say The three major mistakes that can make things worse This article provides general information and is not legal advice for your specific situation. If you are facing a DWI charge, speak directly with a lawyer about your case. What Your First DWI Court Date Is, and Is Not Let’s start with the big picture. Your first court date in Collin County for a DWI is usually called an “Initial Appearance” or a “First Setting.” Here’s what it is not: It is not your trial. It is almost never the day you plead guilty. It is not usually the day the judge decides your long-term punishment. So what is it? Your first setting is where the court: Checks that you showed up. Confirms you have a lawyer or need one. Allows your attorney and the prosecutor to begin the process of reviewing the case, exchanging evidence, and discussing next steps. Think of it like the kickoff meeting for your case, not the final exam. Most of the important work at this setting happens in the hallway or at counsel tables while you stand there quietly and let your lawyer handle the legal conversations. What Your First Court Date Will Actually Look Like Here is what your day will look like step by step. Step 1: Getting to the Courthouse You’ll be going to the Collin County courthouse in McKinney. Parking is usually straightforward, but here is my rule: Get there at least 30 minutes early. Why? Because one of the easiest ways to turn a simple first setting into a major problem is showing up late or missing court entirely. You’ll go through security, similar to an airport: No weapons. Remove metal items. Do not bring anything that creates an unnecessary issue. Step 2: Finding Your Courtroom Your paperwork or your lawyer will tell you which County Court at Law you are assigned to. There are several courtrooms, so make sure you know where you need to be. Once you arrive, you may need to: Tell the bailiff or clerk your name. Sign a sheet. Or your lawyer may check in for you. Step 3: Waiting Then you wait. This is where many people start panicking because they see everyone else looking nervous and assume something major is about to happen. Usually, that is not what is happening. While you are waiting, your lawyer is working on things like: Talking with the prosecutor. Getting police reports, videos, test results, and other evidence. Looking for immediate issues involving bond conditions, driver’s license problems, or anything unusual in your file. Your job is simple: Stay where you are. Stay calm. Do not wander off. Step 4: When Your Case Is Called Eventually, the judge will call your name. You will come stand next to your lawyer at the front of the courtroom. Most of the time, the judge will: Confirm your identity. Confirm you understand the charge. Confirm you have an attorney. Possibly review bond conditions. The judge is usually not asking for your side of the story. This is not your opportunity to explain why the arrest was unfair or why the officer was wrong. If the judge asks you a direct question, answer briefly and respectfully. Otherwise, let your lawyer do the talking. Step 5: Setting the Next Court Date After that, the court will usually set another date. That next date allows time for: Reviewing evidence. Negotiating with the prosecutor. Deciding whether the case should be resolved through a plea or move toward trial. Your first setting is the starting gun, not the finish line. What You Should Do Before Your First DWI Court Date Before you ever walk into court, there are a few things you should handle. Hire a Lawyer Going to your first DWI setting alone in Collin County is like showing up to a boxing match with your hands in your pockets. You are allowed to do it. It is just a terrible idea. A lawyer can help you understand what is happening, protect your rights, and make sure you are making informed decisions. Know Your Bond Conditions Read the paperwork you received when you bonded out. Understand what you are required to do. Ask yourself: Are you required to have an ignition interlock? Are you prohibited from drinking alcohol? Are there travel restrictions? Do you have check-in requirements? Judges take bond violations seriously. Showing up to your first court date already violating your bond conditions is how a normal case can quickly become a much bigger problem. Handle Your License Situation If your license is suspended, or if you refused a test and are facing an ALR suspension, talk with your lawyer about: Whether an ALR hearing was requested. Whether you need an Occupational License. What steps need to happen next. Not everything gets fixed at the first setting, but you do not want to ignore these issues. Put Your Court Date in Your Calendar Set multiple reminders: One the day before. One two hours before. One 45 minutes before. Missing your first court setting is one of the easiest ways to turn a normal DWI case into a warrant and a second arrest. Three Ways People Make Their First DWI Court Date Worse Most first settings are routine. But there are three common mistakes that create unnecessary problems. Mistake #1: Talking Too Much You are nervous. You want to explain what happened. You want people to understand your side. But talking to the wrong people can hurt your case. That includes: The prosecutor. The judge. People around you in the courtroom. You may accidentally say something that creates a problem. The rule is simple: Talk to your lawyer. Let your lawyer talk to everyone else. Mistake #2: Violating Bond Conditions The fastest way to turn a normal first DWI case into a bond problem is violating the conditions of your release. Examples include: Failing alcohol tests. Tampering with an ignition interlock. Picking up a new charge. Ignoring required check-ins. Bond conditions are not suggestions. Judges take them seriously. Mistake #3: Treating It Like It Does Not Matter Because It Is Your First Court Date Some people assume the first setting is not important. They show up late. They show up without a lawyer. They show up without a plan. The judge notices. The prosecutor notices. They begin forming an impression of you and your case before the process has even started. Take it seriously. You do not need to show up in a tuxedo, but you should: Dress like you are going to a job interview. Be on time. Be respectful. You are showing the court whether you are someone creating more problems or someone who made a mistake and is taking responsibility for fixing it. How You Should Feel Walking Out of Your First Court Date If things go the way they should, you should leave your first setting knowing: What you are charged with. What your bond conditions are. That your lawyer has started getting the evidence. When your next court date is. What the plan is moving forward. If you walk out confused and have no idea what happens next, that is a problem. Your lawyer should be able to explain the game plan in plain English. What Should You Do Next? If you have a first court date coming up for a DWI in Collin County and you want someone who handles these cases, talks to you like an adult, and has experience on both sides of the courtroom, that is what I do. I’m Steve Sears with The Sears Law Firm in Frisco. If you want to discuss your specific case, contact my office to schedule a consultation. Bring your paperwork. Tell me your court date. We’ll walk through exactly what will happen in your courtroom and what we can do about it. Visit https://www.thesearslawfirm.com/ to learn more.

“Should I refuse the breath test? What about blood?”  If you’re searching that question after you’ve already been arrested, you’re late, but you still need to understand what actually happens in Texas when you say yes or no. There is a lot of advice online about refusing a breath or blood test after a DWI arrest. Some people say you should always refuse. Others say you should always take the test. The truth is that it is not that simple. I’m Steve Sears, a criminal defense attorney and former prosecutor in Frisco, Texas. At The Sears Law Firm, a large part of my practice is focused on DWI defense in Collin County and the DFW area. I’ve seen thousands of breath and blood cases from both sides. I’m not going to give you some one-size-fits-all slogan like “always refuse” or “always blow.” That kind of advice is lazy and wrong. Instead, I’m going to explain what you are actually trading either way. Again, this is general information and not legal advice for your specific situation. If you are facing a DWI charge, you should speak directly with a lawyer about your case. What Happens If You Agree to a Breath or Blood Test? First, let’s talk about what happens if you say yes to a test. Breath Test If you agree to a breath test, you blow into the machine. If the machine reports that you are over the legal limit, the State now has a number they can use against you in court. That does not automatically mean your case is over, but you have given them a piece of scientific-looking evidence that they will use to support their argument. Blood Test If you consent to a blood test, your blood will be drawn and sent for testing. Months later, the results come back from the lab. That number can become a major piece of the State’s case. If you consent to a test and your result is under 0.08, that may help your defense. If your result is high, it can hurt. Either way, from a defense standpoint, we are now looking at the traffic stop, the investigation, and the accuracy of the test itself. At my firm, when there is a breath or blood test involved, we go through the paperwork, maintenance records, and potential lab issues. These tests are not magic. They involve machines and people, and both can make mistakes. However, a clean test result is easier for the State to present to a jury than simply saying, “We think he looked drunk.” What Happens If You Refuse a Breath or Blood Test? Now let’s talk about what happens if you refuse. Many people believe refusing a test means the State cannot use evidence against them. That is not how it works in Texas. Your License Is at Risk In Texas, refusing a breath or blood test can trigger an attempt to suspend your driver’s license. You will have an opportunity for a hearing, but the general rule is that a refusal can lead to a longer potential suspension. Your driver’s license situation is separate from your criminal DWI case, and it needs to be handled quickly. The Officer May Still Get a Warrant Refusing a test does not mean the State cannot get your blood. If an officer obtains a warrant signed by a judge, they may still be able to take a blood sample. At that point, the State may have both the blood test results and the refusal itself as part of the case. The State Can Use Your Refusal Against You A prosecutor may argue at trial: “He refused because he knew he was drunk.” We push back against that argument, but you need to understand that this is how the State may try to frame your decision. Refusing is not a magic shield. Sometimes it keeps a number out of the case. Sometimes it creates additional issues. Why There Is No One-Size-Fits-All Answer Here is the honest truth: The “right” choice in the moment depends on many factors, including: Your driving behavior Your performance during the investigation Your history The officer involved The county where the case is happening The risks you are willing to accept Any lawyer who gives you a blanket rule for every situation is selling you a slogan, not serious advice. What matters now, especially if you have already been arrested, is dealing with the situation you are actually facing. Whether you blew, gave blood, or refused, the next step is understanding the evidence and building a strategy around the facts. When clients come to me, I do not waste time judging what happened at 2 a.m. on the side of the road. We look at the reports, the video, the test or lack of test, the warrant if there was one, and we build a defense based on the evidence that actually exists. Should You Refuse a Breath or Blood Test in Texas? There is no universal answer. If you agree to a test, you give the State a number. That number may help or hurt your case, but it becomes strong evidence they can use. If you refuse, your license is at risk, the State may still obtain your blood through a warrant, and they may use the refusal against you. The smartest move after a DWI arrest is not relying on internet advice. It is working with a lawyer who understands DWI law and the local courts who can analyze what actually happened in your case. If you have already been arrested for DWI in Texas, whether you blew, gave blood, or refused, and you want a former prosecutor to go through your case step by step, contact The Sears Law Firm. We’ll review your reports, your video, and your test situation, then explain where we see problems in the State’s case and what options may be available. Visit https://www.thesearslawfirm.com/ to learn more or schedule a consultation.