Charges

The following is a non-comprehensive list of charge categories that we handle at Drew Willey Law, focusing on more common allegations. Along with some common issues, we have described unique potential considerations, giving you insight on how we practice criminal defense at Drew Willey Law.


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For a mere list of charges and services, click here.

 
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Drug Charges

The substance and exact amount of drugs will determine the specific charge and offense level of any accusation against you.

Remember, the testing and weighing of any substance needs to be proven beyond a reasonable doubt, along with all other case considerations, to convict you. And don’t trust field drug tests. If you’re accused of possession or manufacture/delivery of any drug, we can help you!

DWI/DUI

Whether you have field, breath, or blood tests, you can fight DWI/DUI charges.

Volumes of scientific and specific procedures must be followed for all kinds of alcohol testing, and you want a defense attorney who knows those better than the police and prosecutors, along with all other case considerations. In the majority of these cases, you need to request an Administrative License Revocation (ALR) hearing within 15 days of your arrest, to potentially save your license and help your case in many other ways. This vital step should not be missed, so hire an attorney as soon as possible. We have the proper training and knowledge-base to give you the best defense possible on any DWI or DUI charge.

Thieving Charges

The State has a LOT to prove if they are going to secure a conviction in any thieving charge, including cases involving theft of auto, theft of home, retail theft, theft of services, robbery, or burglary.

One area that is often overlooked is the value of the alleged stolen property. How is the State trying to prove the value beyond a reasonable doubt? Is it wholesale or retail value? Who determines the value? Is it fair market value or replacement value? From whose perspective? Local or world market value? This issue should be fully addressed along with all other case considerations in all theft charges. Let us handle all aspects, common and unique, if you are facing a thieving case.

Weapons Charges

The manner and method in which you are accused of a weapons charge matters.

Every aspect and history and others involved should be analyzed and investigated completely. Further, you want someone who has an adequate background in weapons and weapons charges. We have that at Drew Willey Law.

MAJ/MRP

Motions to Adjudicate Guilt or Motions to Revoke Probation occur when someone had previously pled to a crime, been placed on community supervision, and have now been accused of violating some condition of community supervision.

These Motions are difficult to fight because the State merely has to prove one alleged violation by a preponderance of the evidence – and it is heard only by the judge. We highly discourage quick, pressured guilty pleas because these hearings can be so easy for the State to oppress you if they want, and judges are usually not very forgiving. Don’t put yourself in this tight spot if it can be avoided on the front end by hiring the right defense attorney. Despite the near impossible laundry list of conditions and fees that must be met on probation, judges typically adopt a view of “you’ve had your chance.” It is vital to have a defense attorney willing to work out each alleged violation in these motions and tell your story to the judge. If any innocence claims need to be brought up again, you need an attorney willing to do so in the correct manner. Unfortunately, probation officers often lack the necessary skills for loving oversight and therefore, often accuse violations for extremely minor mistakes or even mere miscommunications….and its often their word against yours…

Clearing Your Record

Often, people refer to clearing their criminal history record as one task. In Texas, you have to qualify for one of two methods: expunction and non-disclosures.

Expunctions delete your entire arrest record and history and you can legally say you were never arrested. Non-disclosures hides your history from all private organizations and criminal history search services. Both go a long way to restoring yourself and setting yourself for better job applications and a better life moving forward. You also want these records deleted as expansively as possible. Drew Willey Law is as aggressive as possible when filing these, forcing as many records as absolutely possible to be deleted. Sometimes, these filings have waiting periods, but often, you can request that the waiting period be waived if the district attorney’s office will agree – and we will do our best to convince them to agree! For comprehensive record clearing, choose Drew Willey Law.

White Collar/Tax Crimes

Before becoming an attorney, our senior attorney, Drew Willey, was an accountant for a prominent Houston oil and gas company for four years.

He has a Master’s in Professional Accounting (MPA) from the top school for that major in the country – UT Austin, and he specialized in tax accounting. This positions him uniquely and gives him a competitive advantage for handling any tax crime or white-collar crime. He also regularly deals with the IRS. If you are, or might suspect to be, facing even early-stage tax crime or white-collar allegations, you could hire an accountant, a tax lawyer, and a criminal defense lawyer – or you could just hire Drew Willey Law. You need someone defending you with the business background necessary for these cases, and Drew Willey Law has that background.

Trespass or Mischief Charges

Trespass charges are one of the most overused and abused charges that police use. They can over-patrol an area, often poor or racially discriminated areas, expecting to make drug arrests.

When they don’t find drugs or other criminal activity, they will often arbitrarily arrest for criminal trespass or mischief. These charges have very specific requirements, like the notice requirement or your status as relative to the property in question, that must be specifically adhered to by police and the state must be able to prove them beyond a reasonable doubt. From 2014-2015, the most recently analyzed data, Harris County arrested our black population for 60% of the trespass cases. The Harris County black population made up only 20% of the total population over the same period. To make matters worse, a simple trespass charge can be classified by police as a “gang crime.” There are some biases going on, here. Drew Willey Law has a comprehensive knowledge of all the issues at play for these charges, meaning you should call us if charged with criminal trespass or mischief.

Police Encounter Charges

This charge category includes, but is not limited to, resisting arrest, evading arrest, interference with public duties, failure to ID, failure to stop and give information, and failure to stop and render aid.

Officers will often tack these on with other charges, resulting in you being overcharged. Often, officers even include the charge of assault on a security officer/public servant, which is a more severe charge, meaning harder to defend yourself. The police know that. Unfortunately, that means the more unreasonable officers use these charges more often. Analogize if a bully was put on the defensive – they’re going to throw false allegations stronger and more forcefully. To make matters worse, the current state of the law in Texas make it incredibly difficult to hold police accountable for wrongful actions. (Drew Willey Law still takes on that difficult task, though, see [link to Human Dignity page], because it is so important for balance and fairness in our system). If you find yourself facing charges involving police encounters, you need an attorney willing to dig into each officer’s background and hold them accountable when necessary – even to just get the criminal charge off your back.

Federal Charges

Federal crimes require knowledge, experience, professionalism, and determination. Drew Willey Law is on the appointment list in the Federal Eastern District of Texas.

This means he has the experience required to handle any federal allegation you are facing. The complexity involved in these cases mean you want an attorney ready to handle the extra work. We’re here for you.

Domestic Disputes

Cases involving family violence or domestic violence are incredibly sensitive. You are often dealing with the worst and climatic moment in relationships with a long and complicated history.

Often, the exact incident that leads to criminal charges involve altered minds or the pinnacle of feelings erupting into emotional action – whether that action is physical or the calling of police. Both parties are often culprits and victims. Sometimes, potential for healing and redemption exist. When police are involved, they must make a judgment call, often without any background information; and they label one person evil and another the victim. In many circumstances, the system affords the victim vast power, which is entirely warranted because they desperately need protection. Other times, that power can be abused. The ability to call the police, have someone put into a cage, file a protective order against someone (where there is most often no chance to defend), and more, can be used with ill-intent. Drew Willey Law will handle any case involving domestic disputes with the required sensitivity, patience, and understanding of the full picture.

Assaultive Charges

Assault, aggravated or not, deadly weapon or not, terroristic threat, abandon/endanger child, accident involving death/injury, kidnapping, arson, deadly conduct, robbery, etc. are examples of assaultive charges we handle at Drew Willey Law.

They involve many different aspects and specific charge requirements – all of which the State must be able to prove beyond a reasonable doubt before compelling you to plead guilty, and they must be held to that standard. These charges require adequate investigation, which you’ll get if you hire Drew Willey Law.

Prostitution

Victims of sex trafficking are often wrongfully charged with prostitution. It is extremely hard for police to recognize and understand all the elements involved when our vulnerable are forced to solicit themselves in traumatic ways.

The road to recovery when someone is finally pulled out of a harmful cycle can also be long and complex. Fortunately, both sides of our system are recognizing this reality, and many creative options are available to those charged with crimes indicative of sex trafficking – if your defense attorney knows how to explore those options. Drew Willey Law will take the time and care necessary to understand the full reality behind prostitution allegations if you hire us.

Sexual Charges

Society imposes oppression and judgment on anyone that’s been labeled a criminal. This “X on your back,” or fear-based label’s harmful effect, is increased exponentially for the label “sex offender.”

Registering on the sex offender public registry list can be more harmful than the most severe punishments available. Unfortunately, over-aggressive legislative inclusion means this registry no longer provides the public safety benefit it was intended to create. Because too many names now exist in the registry, the public cannot know if a person on the list is a true predator or if they pose zero threat. Further, the sex offender treatment programs forced by the state are fraught with abuse, re-traumatization, corruption, and judgment without redemptive goals. More than anywhere else, individuals convicted of sexual charges requiring registration are asked to sprint after their ankles are handcuffed. Therefore, to prevent being caught with an impossible label to live under, you must have client-centered, holistic representation on the front-end. Call Drew Willey Law so we can do everything we can to prevent this label and a conviction.

Child Charges

Any case involving children, particularly the charge Injury to a Child, requires sensitive attention.

Often, Child Protective Services (CPS) will get involved. Despite being highly improper and illegal, Harris County CPS has shown a willingness to use custody proceedings to conduct criminal investigations, with law enforcement and custody representatives working in collusion. Your family cannot afford playing these types of games. If you hire Drew Willey Law as early as possible at the slightest suggestion of children-involved criminal charges, we will do everything possible to protect you and your loved ones. Don’t take the risk, call us as soon as possible, even if CPS is not involved.

Murder / Manslaughter

Obviously, any charge of murder is incredibly serious and should be given the necessary attention to protect every right of the accused.

Prosecutors do not give enough regard for the gravity of such charges, and the general public would likely be surprised to find the lack of evidence and haphazard investigations that lead to come murder and manslaughter charges. It takes proactive defense investigation and overturning every rock to properly defend these cases. Drew Willey Law is here for you if you are charged with murder or manslaughter.

Gang-Related Charges or Findings

Mere gang accusations that have never been afforded due process are enough to seriously hinder someone’s freedom.

The law in Texas, a fear-based piece of legislation poorly constructed and passed on the heels of the LA gang riots, makes it extremely easy for people to be placed into a “gang database.” Many people are placed there merely for conversing with something else that’s in the database. Again, this database is now so overrun that its effectiveness to increase public safety is gone. There is no way to determine if someone in the database is actually a threat or not, if that were even possible to begin with. Therefore, the database is merely another form of irrational and wrongful oppression. Further, if a finding of “gang-related” is included in any criminal charge, it can severely affect parole eligibility and timing, jail classifications, the time you serve, and countless more collateral consequences. The list of “gang crimes” by statute where this finding is possible is overbroad, as well. Trespass, for example, can be considered a “gang crime.” Drew Willey Law has extensive knowledge and experience with these statutes, primarily through winning a dismissal when fighting the Southlawn Gang Injunction. To be blunt, gang accusations are often wrong and misled. Every accusation of anything gang-related should be fought to protect all involved. If you face such accusations, call us.

Parole

Whether you are facing parole revocation accusations, or you want comprehensive presentation to increase your chances of being granted parole earlier in your review process, call us.

No matter where you are in your parole process – review has not been granted, you’ve been reviewed and denied a few times, a review is coming up, you are having issues with a parole officer, or you are facing a revocation blue warrant, it is important to comprehensively tell your story to the parole board. Often, the true decision-makers are not the individuals defendants speak to, and you need an attorney to get the real issues brought to light and resolved. More importantly, you want the parole board to always hear your complete story, as their decision gravely affect your every day life. We will ensure you’re humanity is not lost in the parole process, and we would be glad to tell your story!