Baker Brian L

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(512) 392-2300Call Visit WebsiteVisit Website Map & DirectionsDirections136 E San Antonio StSan Marcos, TX 78666 Write a ReviewWrite Review

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Phone: (512) 392-2304

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Downtown San Marcos

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Brian L Baker Attorney at Law

Baker, Brian L, ATTY

Baker Brian L Atty At law

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http://www.sanmarcos-dwilawyer.com

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Attorneys, Accident & Property Damage Attorneys, Automobile Accident Attorneys, Child Custody Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Divorce Attorneys, Family Law Attorneys, Traffic Law Attorneys

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Phone: (512) 392-2300

Address: 136 E San Antonio St, San Marcos, TX 78666

Website: http://www.sanmarcos-dwilawyer.com

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Baker Brian L

Divorce
Child Support
An occupational drivers license (“ODL”) is a restricted license issued to persons whose license has been suspended or revoked for a variety of offenses (other than medical reasons or delinquent child support). An ODL authorizes the operation of a non-commercial motor vehicle for a person’s occupation, for educational purposes or in the performance of essential household duties. Petitions for such licenses are filed to the county or district court in the county of the person’s residence or to the court where the offense was filed.

Criminal Defense
My practice focuses on the zealous defense of persons charged with crimes in Hays County and the adjoining Central Texas counties. I have resided in the city of San Marcos and have practiced criminal defense beginning the first day I was sworn in to practice law in 1997. Criminal defense is all I do. I have handled more than 4,000 criminal cases since I began practicing law two decades ago. I also teach criminal law at Texas State University in the School of Criminal Justice.
DUI/DWI
NOTE: IF YOU ARE ARRESTED FOR DWI OR DUI-MINOR, YOU HAVE 15 DAYS TO REQUEST AN ADMINISTRATIVE LICENSE REVOCATION ("ALR") HEARING. IT IS A VERY IMPORTANT THAT YOU OR YOUR LAWYER DO SO.
Traffic Violations
In my opinion, all this new law does is create a presumption of traveling. This presumption of traveling can be overcome by the State in a trial. The new law really doesn’t change much in that you can still be arrested, bond out, hire a lawyer, and take your case to trial to prove the traveller's defense (inapplicability), except now that it's to watch the State attempt to disprove the presumption of a valid defense by offering proof the person charged was not traveling based on the definition of traveling in state case law. The State can show, for example, the person arrested for UCW was going to work, the store, taking a Sunday drive, etc., so consequently, they did not meet the test of traveling as defined by case law. The easiest way the State can overcome or rebut the presumption is with information provided to the arresting officer, such as statements by the Defendant. If you are stopped and are not a CHL holder, I would not disclose the weapon. If asked I would state "No sir, I have no illegal drugs or weapons in the car." You have no duty to disclose as a non-CHL holder, whereas as a CHL holder you must show your CHL and inform the officer. Keep in mind the defenses applicable to you and don't let the officer negate them during any questioning. "I'd prefer not to answer any questions unrelated to this traffic stop, Deputy." Or perhaps "I'm directly on my way home from the range/ranch" or something to that effect would be better than "Yes I am carrying a concealed weapon in my car, I am not engaged in criminal activity other than a minor traffic violation, I am not a gang banger, I am otherwise eligible to possess the weapon, and I am driving to the corner store to get some Krispy Kreme donuts." Remember "loose lips sink ships!" You have a right to remain silent - exercise it. And keep in mind False Report to a Peace Officer is a crime, so it’s better to remain silent and rely on the presumption than lie about it and get caught. If the State has no information, it cannot rebut the presumption.
Theft
Misdemeanors
Generally, definition (a) is a Class A misdemeanor, whereas definitions (b) and (c) are Class C misdemeanors. There are exceptions for repeat offenders (see below), children, the elderly, public servants, deadly weapons, and serious bodily injury that significantly increase the punishment for these charges.
Drug Crimes
PUNISHMENT ENHANCEMENTS. In addition to the identity and quantity of the drug, there are certain punishment enhancements that increase the range of punishment beyond what you see in the chart above. Some examples of enhancement in drug cases are...
Assault
There are certain defenses to assault charges. Those most commonly invoked are self defense, defense of a third person, defense of property and reasonable discipline of a child.
Identity Theft
ARE YOU ENTITLED TO AN EXPUNCTION? To be entitled to an expunction, your case must have, at minimum, been dismissed (or declined/rejected) without any type of community supervision (probation or deferred adjudcation) under Article 42.12 of the Code of Criminal Procedure. If your case was tried and you were acquitted, it is highly likely you are entitled to an expunction. If you entered into an agreement with the prosecutor, often called pretrial diversion, deferred prosecution, or pretrial intervention, you may also be entitled to get an expunction. If you were a victim of identity theft, you may be entitled to an expunction. If your case was reduced to a Class C misdemeanor, and you successfully completed a deferred disposition, you may be entitled to an expunction. There are other limitations on one’s right to an expunction that I can’t detail here. Only an experienced lawyer familiar with your specific fact situation can evaluate your expunction eligibility.
Manslaughter
In other instances, the charges can be much more serious, like aggravated assault or intoxication manslaughter. I have extensive knowledge of the sciences of accident reconstruction and vision and perception in motor vehicle, bicycle and pedestrian collisions.

Auto Accidents

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