Brand & Resendez Law

Elizabeth was asked to appear on KVUE to comment on one of this year's more high profile trials in the Austin area.

Attorneys analyze, break down opening of Christopher Taylor murder trail Local attorneys Jorge Vela and Elizabeth Resendez joined KVUE's Tony Plohetski to discuss the opening of the Christopher Taylor murder trial. Austin police o...

If you look up the Texas Penal Code, you will not find any law labeled, “Romeo and Juliet Law.” What this generally refers to is the S*xual Assault statute, specifically referencing sexual assault of a child. Because the law provides that an adult cannot have sexual contact, even consensually with a person younger than 17, the thought is, what happens if the two people are close in age—really considering consensual sexual contact amongst high school aged people.

Does Texas Have a Romeo and Juliet Law? | Brand & Resendez Law Does Texas Have a Romeo and Juliet Law? To answer it, it is important to first understand what a “Romeo and Juliet Law” is.

Just four months before this seminar, our Court of Criminal Appeals fully gave teeth to the Michael Morton Act which was enacted eight years ago. Now discovery in Texas should be much more of what is mine is yours. Now trials can be more fairly fought. Now pleas can be more fairly accepted. Now justice can be more fairly served. But how did we get here? Why is this such a big leap? A brief history is important to realize just how far our system has evolved. Then, let’s look to what is out there. What is absolutely necessary as a practitioner in conducting discovery in a criminal case and how to get it.

Discovery: A General Statutory Right for Criminal Defendants in Texas | Brand & Resendez Law According to the plain text of Article 39.14, criminal defendants now have a general statutory right to discovery in Texas beyond the guarantees of due process.

A DWI conviction can have lasting effects on your life. The more DWI convictions you have will normally come with harsher punishments. When a DWI becomes a felony, the consequences are far more severe than the typical first time DWI arrest.

Is DWI a Felony in Texas? | Brand & Resendez Law A DWI becomes a felony in Texas when it is your third or more DWI; however, there are facts that can turn a first time DWI arrest into a felony.

Host Aida Leisenring, with guest host Marty Tankleff, exoneree now attorney, and guest Steven Brand, a criminal defense attorney, talked about what it means to be wrongly convicted or falsely accused. It is important to remember that the falsely accused are victims, too.

Crime & Justice Podcast: Talking Wrongly Convicted or Falsely Accused Host Aida Leisenring, with guest host Marty Tankleff, exoneree now attorney, and guest Steven Brand, a criminal defense attorney, talked about what it means to be wrongly convicted or falsely accused.

SR-22 Insurance is not actually an insurance policy. It is also called a Certificate of Financial Responsibility. It is a form filed with the State proving that you have the minimum liability insurance required for your state.

What is SR-22 Insurance? | Brand & Resendez Law It is not actually an insurance policy. It is also called a Certificate of Financial Responsibility. It is a form filed with the State proving that you have the minimum liability insurance required for your state.

A DWI conviction comes with many collateral consequences, a driver license suspension is one of them. However, if your case is dismissed or if the DWI charge is changed to another crime, such as Obstruction of a Highway or Passageway, then the short answer is it depends.

Is Your License Suspended After a DWI in Texas? | Brand & Resendez Law There are two opportunities for your driver license to be suspended following an arrest for Driving While Intoxicated. 1) the ALR Hearing 2) the DWI case.

The only crime eligible to be labeled “Capital” is murder. Technically there is no “Capital” label but rather Texas Penal Code Section 19.03 is entitled, “Capital Murder.”

What Constitutes a Capital Crime in Texas? | Brand & Resendez Law The only crime eligible to be labeled “Capital” is murder. Technically there is no “Capital” label but rather Texas Penal Code Section 19.03 is entitled, “Capital Murder.”

It’s that time of year- No Refusal Weekend. APD will be out this Labor Day Weekend and will bring all DWI cases before a magistrate for a blood search warrant, if you refuse to provide breath or blood when asked.

Be safe out there this weekend. If you find yourself in need of legal help, we are available 24/7: 512-494-4070

BRCriminalLaw.com

APD to enforce "No Refusal" initiative this Labor Day weekend The Austin Police Department said on Wednesday it will be conducting a "No Refusal Initiative" that will coincide with the upcoming Labor Day holiday weekend. This initiative will be in effect from Sept. 2 through Sept. 6 and will be operational from 10 p. m. to 5 a. m. each night.

Let’s start with basics but please note that what is considered S*xual Assault in Texas is far from basic. We were not addressing Aggravated S*xual Assault here which is S*xual Assault plus a specific aggravating factor listed in the law. S*xual Assault is found in Section 22.011 of the Texas Penal Code...

What is Considered S*xual Assault in Texas? | Brand & Resendez Law Let’s start with basics but please note that what is considered S*xual Assault in Texas is far from basic. We were not addressing Aggravated S*xual Assault here which is S*xual Assault plus a specific aggravating factor listed in the law.

Consent and Intoxication | Brand & Resendez Law No doubt these are crazy times. COVID-19 has paralyzed this country for nearly a year and a half now. The most recent decree happened around Saturday, July 31, 2021, in Travis County, Texas.

Stop the Insanity and Follow the Constitution

No doubt these are crazy times. COVID-19 has paralyzed this country for nearly a year and a half now. But there are people that the states and the Federal Government have kept in jail awaiting trials for years (they may have already spent a year in jail before COVID hit) who continue to be offered subpar trials (trials where the participants where masks) or no trial at all. Government actor (Judges), engage in these decisions on a whim—we are going to suspend jury trials until the COVID situation gets better.

The most recent decree happened around Saturday, July 31, 2021, in Travis County, Texas. The email stated, “After collaborating with the Civil Courts, the Criminal Courts will suspend all in-person settings and jury trials while Travis County is in Stage 4 and Stage 5 of COVID precautions, effective immediately…We will let you know as soon as we are able to resume in-person and jury trials. Thank you so much for your cooperation and stay safe!”

Stop the Insanity and Follow the Constitution | Brand & Resendez Law No doubt these are crazy times. COVID-19 has paralyzed this country for nearly a year and a half now. The most recent decree happened around Saturday, July 31, 2021, in Travis County, Texas.

We will Defend You Against Accusations of S*xual Assault!!!
This week, Travis County Commissioners and the Travis County DA, met for a press conference to say that "Survivors" of sexual assault will be believed. https://youtu.be/W_jAEiVdWm0

Now, just like many things these days, no one defined what a "survivor" of sexual assault is--but it appears to be anyone who claims they were sexually assaulted. That's it. You are now a survivor--and you will be believed. It does not matter that there is another person, the one who is being accused who may adamantly deny the allegation. It apparently would not matter what the other person has to say at all. Indeed we gained a verdict of Not Guilty from a jury in Travis County in a sexual assault case where the Austin Police Department stated that the motto of their S*x Crimes Unit is, "We Believe." Many Assistant DAs were in the courtroom for that testimony. In fact, they wanted a copy of the transcript of our cross examination to presumably train the S*x Crimes Unit of the dangers of that kind of a policy.

Now, the DA and Commissioners Court have heralded that policy, because the political climate is just right in which to do so. Innocent unless proven guilty of every element of an offense beyond a reasonable doubt is a cornerstone of our system of justice. Lady Justice may be blind, but not deaf. She has heard loud and clear what Travis County is saying. If you are accused of sexual assault, they will presume you are guilty because they will believe their "survivor." They have not mentioned this for any other crime. They have not declared they will believe "survivors" of bar fights or thefts or burglaries. But they will believe "survivors" of sexual assaults because they know people will click the little "Like" thumbs up on their screen (maybe even a heart), because that's how people react nowadays.

We are happy to be the fighter, the defender in your corner to fight against a system which will believe the accuser in an allegation without speaking with a single other witness or inspecting a shred of physical evidence. We believe too--but what we believe in is a system of justice that is built to withstand the vagaries of popular opinion and politicians.

We are proud to defend YOU!!!

Travis County Leaders Hold Press Conference on S*xual Assault Survivor Lawsuit Case - June 22, 2021

"I highly recommend this law firm. After 2 years of fighting my DWI case Elizabeth Resendez was able to get my case dismissed. Elizabeth is very professional & knows what she is doing! Best attorney in town! If You are looking for an attorney ,don’t think about it, hire them! Thank ya so much for everything." - Luis E. on Google

We are proud to announce that Steve Brand received the Defense Attorney Award for Excellence in Criminal Law from the Austin Bar Association! It is well deserved.

Steve goes above and beyond for his clients, and is always available to any attorney who seeks advice on a case they are handling. He is fearless in his representation. He is also meticulous and creative. This reputation follows him. It is known, whether it’s a trial or a pretrial hearing, Steve will be better prepared than anyone and bring everything he has to the table.

He was recently board certified in criminal law and has a stunning ability to rattle off code sections at any given moment.

Congrats, Steve!! We are lucky to have you as part of our Defense Bar.

BRCriminalLaw.com

How is Gov. Abbott’s Executive Order No. GA-13 affecting criminal justice? Listen to Austin criminal lawyer, Steve Brand, discuss what it means to those accused of crimes.

https://www.brcriminallaw.com/in-defense-of-liberty-podcast/

Covid-19 Talk: An Interview with Steve Brand (In Defense of Liberty Podcast) Jen chats with Austin criminal defense attorney Steve Brand to learn about Gov. Abbott's Executive Order No. GA-13 and other Covid-19 issues in the criminal justice world.

Austin Police Department is participating with law enforcement statewide in an extra DWI enforcement and awareness campaign running on weekends beginning Nov. 25 through Dec. 31.

With the holidays coming up, be safe out there. Should you need an attorney, our office will be working through the holidays. Our phones are answered 24 hours a day: 512-494-4070.
BRCriminalLaw.com

https://www.austindailyherald.com/2020/11/local-law-enforcement-participating-in-statewide-extra-dwi-enforcement/

Local law enforcement participating in statewide extra DWI enforcement - Austin Daily Herald The holidays will look a lot different in 2020. Many people will be staying home, celebrating with immediate family. The holidays often involve drinking during a family dinner, and sometimes people lose track of how many drinks they’ve consumed. This can often lead to a person unknowingly driving ...

Announcing a New Focus for Brand & Resendez Law:
Major Focus on Defending People Accused of S*xual Assault, Domestic/Family Violence and "Strangulation" Offenses

While we will still aggressively defend cases of Murder, DWI and Drugs, etc...we felt it was time to focus a lot of our practice on the above areas. We are seeing an over-zealousness by the public, law enforcement, "Victims' groups" and prosecutors in believing that (mainly) women who come forward with their allegations are to be believed at ALL costs. They are "survivors" as soon as they come forward. They are provided with counselors long before investigations are concluded, they are provided with pseudonyms so as not to use their real names in the court system when our clients' names are broadcast for all to see, and they are labeled "survivors" even after Not Guilty verdicts. Meanwhile, our mostly male clients in this area almost immediately lose their jobs, are often publicly shamed and ridiculed, are forced to leave their homes, their wives, their possessions and their children based on what sometimes is a mere 1 paragraph allegation.

We at Brand & Resendez Law are here to aggressively defend you against these allegations. We will walk you through the process so there are no surprises. But we will not yield to the cry of the masses that this is an epidemic and will be your source to attack false or exaggerated charges on a case-by-case basis. I'm glad to be able to announce this new focus which has been a long time coming.

Happy Friday. This weekend, if you find yourself evading from the police in a motor vehicle and then asking them to have pizza with you...you probably need a helping hand. We are there for you to aggressively represent. In the future, if you want to have pizza with an officer, just ask before you play hard to get.

https://www.abajournal.com/news/article/lawyer-says-she-is-innocent-after-she-is-accused-of-leading-cops-on-high-speed-chase

Lawyer is accused of leading cop on high-speed chase, suggesting pizza outing after arrest Updated: A Florida lawyer was held at gunpoint and forced out of her car after allegedly leading a Florida Keys deputy on a high-speed chase, according to an arrest report. She later suggested that they go out for pizza, the report said.

Celebrate wisely. If the day doesn't go as planned, we are here to help. BRCriminalLaw.com

Unfortunately, Covid-19 has added a new layer of concern to getting arrested. If you find yourself in custody or with a warrant, an attorney can help. BRCriminalLaw.com

One more inmate at Travis County jail tests positive for coronavirus Another inmate at the Travis County Jail has tested positive for the coronavirus, law enforcement officials said Monday.The Travis County sheriff’s

We are still here to help 24/7 during COVID-19. The Courts are different. The process is different. But we are here for you.

Fighting an Invisible Threat
I know what you’re thinking. It’s not about that one. However, while the Covid-19 pandemic was in its full throes, something else happened you probably do not even know about.
On March 29, 2020, a Sunday ,hours after many of our now virtual religious institutions completed their sermons of being kind to others and forming a tight sense of community in a time of unrest, Governor Abbott issued Executive Order GA-13 suspending long standing laws passed by the legislature and impacted thousands across the State of Texas.
The odd thing about the order is that there was little if any reason to implement it other than to take the opportunity to have some members of the public believe they could feel secure in knowing that some who were accused of crimes would not be released from incarceration to escape the scourge that is Covid-19. To be clear, serial killers and serial rapists were not being wholesale released to the streets anywhere in Texas. The release of those incarcerated was still in the sound discretion of the elected judges of the citizenry of Texas.
However, the Governor took it upon himself, in violation of the separation of powers detailed in the Texas Constitution, specifically Article I, Section 28, and rather than calling a special legislative session, decided to cancel all of the good time credits those incarcerated could earn, and decided to strip the discretion of the judiciary and declare that no one could be granted a personal bond (a promise to appear) for any crime involving physical violence or the threat of violence based upon probable cause, or for a person for whom the new arrest does not involve those categories, but the person was previously ever convicted of a crime involving physical violence or the threat of physical violence.
Notably, the terms physical violence or threat of physical violence are not defined by our prefect. By the terms of his order. A person can be arrested today for a misdemeanor for Driving While License Invalid and be refused release on a Personal Bond by a Judge because he had a prior conviction on a ticket 40 years ago to assault by threat for having threatened someone with physical violence in a bar.
Also of note, the order is not saying these individuals may not be released, just not on personal bond. So, presumably, if you have money, you may be released. The rationale would follow that those with money are more responsible upon release and will take the time to reflect on the arrest rather than run out to flaunt the Shelter-in-Place order and go golfing—oh wait, maybe they are the ones who can afford the golf course.
The fact is that the Executive Order has no rational basis on these points to the pandemic we are dealing with. It makes jails and in-turn counties spend millions of dollars continuing to house people who would otherwise be released. This is money counties could be spending on masks and ventilators.
The broad brush the order paints with has a significant impact on the citizen accused attempting to obtain release. Anyone working in this field would relay how much more difficult it is to fight your case from jail, where you are socially isolated and where you cannot even speak with loved ones through glass or telephonically without every word being recorded. No time but now have most of us ever begun to understand how that isolation ways so heavily on the mind and spirit.
Indeed, in an age where people gather to watch Tiger King and bemoan the treatment of tigers in cages, we so readily dismiss those of our same species who are likewise in those cages. We can’t fathom how those accused of crimes could possibly be innocent and we say that they must have been doing something wrong to have been arrested. Then we turn around in the comfort of our living rooms and bemoan the fact that Joe Exotic was convicted of a murder for hire plot.
This country has been forever slow to learn from history. Vietnam should have taught us about Afghanistan, but it didn’t. Korematsu should have taught us about stripping the rights of those presumed innocent in a crisis. Obviously, it hasn’t. The beauty of a constitution, whether state or federal is that it is built to withstand all times, especially those of crisis. The constitution of Texas is built that way and the Governor can not be allowed to usurp it in the current crisis. "A society should be judged not by how it treats its outstanding citizens but by how it treats its criminals.” ― Fyodor Dostoyevsky. For if we don’t follow this quotation, and sit idly by while individual constitutional rights are stripped, the ones you care about most may be next.

Thank You so much for all of the FaceBook "likes."
Over time we will be posting news we believe to be important or interesting in the legal community. This week's is the following:

https://www.ksat.com/topic/michelle_carter/
This case was the subject of the HBO airing of, "I love you now die." It is the case of Michelle Carter in Massachusetts who was convicted for convincing a young man to commit su***de.

One of the things you will often hear lawyers say is, "We will take this case all the way to the Supreme Court (of the United States)." However, the Supreme Court of the United States, hears both civil and criminal cases. Moreover, they issue opinions in about 75 cases now per term (year) and last year decided only about 13 criminal cases--that is nationwide for the entire year. To put that in perspective, Travis County alone currently has about 23,000 criminal cases on its docket. So, the next time you hear a lawyer say, "We will take this case all the way to the Supreme Court," know that the lawyer may do that but the lawyer's chances may be better at winning PowerBall. See the stats in the link below in terms of numbers, and have a great week.
B&R
https://www.onelegal.com/blog/top-court-filing-statistics-from-around-the-country/

Michelle Carter Michelle Carter

It's now easier to email Brand & Resendez Law

Brand & Resendez Law updated their business hours.