Criminal Law

Notwithstanding our ability to negotiate favorable plea bargains and obtain dismissals when least expected, our attorneys’ communication and interactive skills will be put to use for you during the entire litigious process. The key to a favorable jury trial begins with meticulous attention to detail during jury selection, which is why you need a law firm that is dedicated to excellence and will put the time in to review all jury questionnaires and be prepared to thoroughly vet the jury panel.

Sexual Crimes

Sexual crimes evoke confusion, disgust and many generalizations from the public that could easily taint the jury pool. Legal cases of this caliber require an attorney who has experience with jury trials in sex crimes and understands the intricate procedural pitfalls that come with defending these highly emotive and serious felony cases. This is where effective communication is crucial because relevant issues must be clearly defined and framed by the defense attorney during questioning in voir dire and throughout the trial to avoid as many long lasting consequences for the client.

Excellent preparation is an essential part of the work we do at our firm. Some points of preparation for sexual crimes cases may be:

• Take immediate action to preserve evidence and witness testimony;
• Conduct interviews as close to the incident as possible;
• Conduct psychological forensics on the client; and
• Take precaution and prepare to deal with any public or media fall-out of our client being presumed guilty by the
  court of public opinion.

We have extensive experience in this area and have represented multiple defendants on state and federal levels in this undesirable, life-changing situation. If you are a convicted pedophile or sex offender charged with new crimes, there are public safety laws and legislation concerning offender treatment plans that must be considered. These highly emotive, controversial cases require extreme focus, patience, and dedication on the part of your defense attorney.

Drug Possession

Attitudes about marijuana have been rapidly changing, but the state of Texas remains fixed on its decision to not push for legalization. It is common to find that in the state of Texas, marijuana offenses are met with severe punishment, aside from the very restrictive medical cannabis law allowing limited use of low-THC, high-CBD cannabis oil. In Texas, possession of even a tiny amount of marijuana can land you in jail; in fact, anything less than 2 ounces carries a maximum penalty of 180 days in jail and a fine of up to $2,000.00

The following is a list of things law enforcement doesn’t want you to know about marijuana possession charges:

• The scale they use must be properly calibrated.
• If there is no probable cause for the stop, the charge should be dismissed. Make them say exactly what their probable cause reason is for stopping you. Don’t let them get away with generalizations.
• The Fourth Amendment to the U.S. Constitution guarantees the right to due process of law, including lawful search and seizure procedures prior to an arrest. Search and seizure issues are common territory for drug possession defenses. Illicit drugs found in “plain view,” such as a car’s dashboard after a legal traffic stop, may be seized and used as evidence. But drugs found in the trunk of a car after prying it open with a crowbar, (assuming the suspect didn’t give permission) can’t be entered into evidence. If your Fourth Amendment rights were violated, then the drugs can’t be used at trial and the charges typically are dismissed.

Intent to Distribute

Intent to distribute is a tricky charge because the determination is subjective and made by the arresting officer based on a number of variables. Fortunately, if not caught in the act of distributing, mounting a successful defense has stronger teeth.

How does Texas law determine that an individual found in possession of drugs intends to distribute them? Texas law enforcement officials take into account a wide variety of factors when determining if an individual found in possession of a controlled substance intended to distribute it or if it was intended for personal use. In many instances, the arresting officers don’t actually catch the individual in the act of distributing the drugs but often make their decision based on circumstantial evidence found at the scene of the arrest, including:

The quantity of drugs
Large quantities of cash found on the defendant
The presence of firearms or other weapons at the time of arrest
Type of paraphernalia
Other incriminating evidence like telephone numbers of known and convicted drug dealers.

Being charged with possessing a controlled substance with the intent to distribute in Texas brings more severe penalties than being charged with simple possession for personal use.

For more information on how to approach this type of legal situation, give us a call or contact us below.

DUI / DWI

Things The Cops Don’t Want You to Know When They Pull You Over

• You are under no obligation to admit you’ve been drinking.
• Exercise your constitutional right to remain silent and say nothing, other than, “I want to speak with my lawyer.”
• If you do answer a question do not allow them to bait you into answering more. Realize you answered and STOP ANSWERING! You cannot be arrested for refusing to answer
• You can refuse the breathalyzer, however, if you choose to blow, the machine must be properly and timely calibrated
• They are prohibited from requiring you to blow multiple times
• If a police officer tells you that if you answer his questions he will let you go, you need to understand the Supreme Court has consistently held that a police officer can lie to you to get you to make a statement to them.
• You have the right to keep your mouth shut and not make any statements that could incriminate you.

Getting caught drinking and driving is a preventable offense, but when something as regrettable as this occurs you need a tenacious attorney and a bit of grace. The first thing to remember is to stay calm and think before you open your mouth. Remember, the more you speak, the more alcohol they smell on your breath and the greater chance you have of incriminating yourself.

Putting you in the light most favorable to the prosecutor and judge will be our endless pursuit. Our team will do our best to make sure the prosecutor knows who you are and all your redeeming qualities to get you that extra bit of consideration, which could be the difference between probation and jail or keeping your professional license or losing it.

Family Violence & Assault

A false belief when it comes to assault family violence is that if the alleged victim provides an affidavit of non-prosecution to the state prosecutor, the case will be dropped. While this does happen, it is becoming less the norm and more the exception where assault family violence is concerned. If there is additional compelling evidence the state can use to prosecute the defendant, such as medical records, the officer’s testimony, or eyewitness accounts, the prosecutor may move forward with the case despite the resistance of the alleged victim.

In situations like this, getting in front of the case and hiring an attorney is crucial. If the attorney is hired soon, they can quickly discover relevant witnesses and medical records that may unearth instability in the alleged complainant.

White Collar Crimes

White-collar crime refers to financially motivated, nonviolent crime committed by businesses and government professionals. White collar crimes also include identity theft, mortgage broker fraud, bribery, embezzlement and tax evasion. These crimes all have one similarity, which is the ultimate goal to receive economic or financial gain.

White-collar crime is similar to corporate crime, because white-collar employees are more likely to commit fraud, bribery, ponzi schemes, insider trading, embezzlement, cyber-crime, copyright infringement, money laundering, identity theft, and forgery. If you find that you have been arrested, charged, or indicted of a white collar crime, it’s time for you to call The Law Offices of Victoria Broussard to receive authentic lawyering from some of the best attorneys in Austin, Texas.

Police Brutality & Misconduct

It is our belief that the laws should work to protect all persons in the United States (citizens and non-citizens). Federal laws that address police misconduct include both criminal and civil statutes. These laws cover the actions of State, county, and local officers. In addition, several laws also apply to Federal law enforcement officers. However, we all know that the justice system is far from “just.”

Throughout the past year, many have stopped to ask themselves, “What happens when the laws don’t work for me and I encounter a police officer who is hell bent on violating my civil rights?” During these unpredictable and immensely uncertain times, it’s crucial to proactively prepare yourself to protect your rights and the rights of your family. Inhumane and brutal misconduct by corrupt police officers is not unfamiliar territory for our team of diligent attorneys.

Brutality Against Blacks

Every 28 hours a Black person is killed in the United States by police, security, or a racist vigilante. Although, the majority of the law enforcement officers perform with respect for their communities and in compliance with the law, but for the times when this is not the case and you have been unfairly targeted, it is a wise practice to have an attorney on retainer in the event an incident occurs, your representation is already in place. The types of conduct suffered by victims of hate crimes at the hands of law enforcement can include, among other things:

• Undue or excessive force
• Discriminatory harassment
• Physical and verbal harassment
• Mental injury
• Property damage
• Death
• False arrests
• Coercive sexual conduct
• Unlawful stops, searches or arrests

In light of the civil and racial unrest this county is experiencing, we strive to represent our clients to the best of our ability to remind the world that the United States is united and that our slogans and mantras are not empty rhetoric but are true and heartfelt sentiments.

Other Crimes

Other criminal law practice areas not specifically named above:

• Assault
• Child Endangerment
• Clemency
• Failure to identify
• Inmate & Elderly Inmate Rights
• Robbery
• Sexual Abuse of a Child
• Threat by Assault
• Unlawful restraint

Contact us today for a complimentary 15 minute consultation to discuss your unique situation.