Bruce Ashworth, Attorney at LawBruce Ashworth, Attorney at Law2026-05-04T13:44:11Zhttps://www.bruceashworth.com/feed/atom/WordPress/wp-content/uploads/sites/1304280/2021/08/cropped-BA_SITEICON_512x512_MAY21-new-32x32.jpgOn Behalf of Bruce Ashworth, Attorney at Law<![CDATA[The fentanyl enhancement: 2026 Sentencing guidelines in Texas]]>https://www.bruceashworth.com/?p=476662026-05-04T13:44:11Z2026-05-04T13:44:11ZTexas has taken a far more aggressive approach to offenses involving synthetic opioids than many other states have in recent years. The state’s seemingly ever-evolving updates to sentencing practices reflect this shift dramatically.
Unfortunately, many people do not realize that even a trace amount of fentanyl can trigger heightened penalties in the event of a drug-related conviction of virtually any kind. This is a much stricter “legal landscape” than drug defendants in Texas faced even a few years ago.
As fentanyl flows into the state, lawmakers are cracking down
In mid-July of 2025, the federal HALT All Lethal Trafficking of Fentanyl Act (HALT) was signed into law. This legislation reclassified fentanyl as a Schedule One controlled substance, which means that the penalties associated with its unauthorized possession, sale, trafficking, etc., are the most severe imposed by federal law. Fentanyl is also treated distinctly when it comes to drug-related crimes prosecuted at the state level because of its potency and the role it has played in overdose deaths nationwide. A focus on fentanyl concerns has been escalating across the U.S., but Texas is arguably more focused than most states on mitigating the presence and consequences of this drug on its streets because so much fentanyl enters the U.S. by crossing the Texas-Mexico border. In recent years, Texas lawmakers have pushed for tougher consequences tied not just to large-scale trafficking, but also to smaller quantities when fentanyl is a factor in a given drug case. Under the updated framework, the presence of fentanyl can act as an enhancement factor, increasing the severity of charges or triggering mandatory minimum sentences that did not exist a few years ago.This means that a particular case that might previously have been handled as a lower-level drug offense could now be elevated quickly. For example, if fentanyl is detected in a substance mixture—even in very small amounts—the entire weight of that mixture may be used to determine the charge level. This can lead to felony charges with a risk of lengthy prison exposure, even when the person allegedly involved did not intend to possess or distribute fentanyl specifically. In many instances, drug-related defendants had no knowledge whatsoever that fentanyl was present in the drugs they possessed or had otherwise encountered. Texas law, quite simply, doesn’t often care at this point. With that said, a strong defense strategy can help to mitigate a drug defendant’s risk of conviction if they are charged with a fentanyl-related crime. If you are facing charges involving fentanyl in Texas, seeking personalized legal guidance can help you to effectively protect your rights as you navigate a system that now treats even traces of fentanyl as reason to crack the whip.]]>On Behalf of Bruce Ashworth, Attorney at Law<![CDATA[How to defend yourself against a false domestic violence accusation]]>https://www.bruceashworth.com/?p=475682025-08-26T13:49:55Z2025-08-26T13:49:55Z1. Do not speak to law enforcement without an attorney
Even if you are innocent, anything you say to law enforcement can be used against you in court. Clearly inform authorities that you will not answer questions until your attorney is present.
Remaining silent does not make you look guilty; it protects your rights and ensures authorities do not misinterpret you or take your statements out of context. Officers must inform you of your rights under Texas law, but it is still your responsibility to assert them consistently and respectfully.
2. Hire an experienced criminal defense attorney immediately
Securing a board-certified attorney familiar with Tarrant County and Texas criminal law is one of the most important steps you can take. An experienced lawyer can explain and guide you through the process. They are also able to develop a defense strategy tailored to your circumstances.
Your attorney will manage communication with prosecutors, investigate the facts of the case and work to challenge the accusation or negotiate reduced charges if appropriate. Acting quickly ensures your defense is prepared from the outset, which can make a significant difference in the outcome.
3. Avoid all contact with the accuser
Even brief or seemingly harmless contact with your accuser can create serious legal problems. Protective orders may already be in place. Violating them, even unintentionally, can result in additional criminal charges.
Staying away from the accuser and respecting all restrictions is essential to protect yourself and maintain credibility with the court. Avoiding contact also helps avoid misunderstandings or escalations that could harm your case.
Understanding why these steps matter
Taking these immediate actions is not only about following legal procedures. It is about protecting yourself and your future under Texas law. A false accusation can affect many areas of your life, including employment, child custody and visitation and your reputation.
By acting decisively and working closely with an attorney, you can navigate this difficult situation with confidence and minimize the long-term consequences.]]>On Behalf of Bruce Ashworth, Attorney at Law<![CDATA[Your rights after an arrest in Texas]]>https://www.bruceashworth.com/?p=475662025-05-28T14:14:19Z2025-05-28T14:14:19Zmust read you Miranda rights, your mind may be spinning so fast that you do not understand what they mean.
Do not resist arrest
Even if you believe the situation is unfair, do not understand why you are being arrested or do not believe there are grounds for the arrest, do not resist. Comply with the officer’s commands and do exactly as they tell you.
Resisting arrest means more than physically fighting a police officer or trying to run away. A verbal statement could be considered resisting arrest. For example, if an officer tells you to put your hands behind your back and you say “no,” this might be considered resisting.
When you resist arrest, the only likely outcome is that you will receive an additional charge of resisting arrest along with the underlying charge.
The time to fight against an arrest is not at the arrest itself. After you are arrested, go through the booking process and are released on bond or placed in jail, you will have a chance to speak with an attorney about your situation.
This is your opportunity to discuss anything you believe was illegal about the arrest or how you believe your rights were violated.
Your right to remain silent
Exercise your right to remain silent until you speak with an attorney. Tell the officer that you would like to speak to an attorney. If the officer keeps trying to talk to you or question you, repeat your request and do not say anything else.
Have the phone numbers of one or two family members or friends memorized. You have the right to make a phone call after an arrest.
However, today many of us do not have people’s phone numbers memorized because smartphones have made that largely unnecessary. When you are arrested, your smartphone will be taken away and you may not be given access to it to look up phone numbers.
Therefore, without important phone numbers memorized, you may not be able to exercise your right to make a phone call.
Carefully read all documents you receive
If they are in a language that you do not understand, tell the police officer you need the documents translated. You have the right to be given documents to read in your preferred language.
Knowing your rights ahead of time allows you to make the best choices after an arrest, which often leads to a better outcome. Additionally, if any of these rights are violated during the arrest, this could be grounds for dismissal of your criminal charge.
A thorough investigation and evaluation of your arrest and situation is necessary to determine the best strategy to move forward. A criminal conviction can haunt you for the rest of your life, robbing you of time, money, opportunities and your reputation. Putting on the best defense possible is crucial.]]>On Behalf of Bruce Ashworth, Attorney at Law<![CDATA[Four mistakes to avoid in a white-collar crime case]]>https://www.bruceashworth.com/?p=475642025-02-28T16:55:50Z2025-02-28T16:55:50Zfraud or embezzlement, then you should move carefully so that you don’t make an error that proves catastrophic to your defense.
There are a lot of mistakes that can be made in a white-collar crime case, too. Any one of them could give the prosecution the opening they need to secure a conviction, which is why it’s important that you recognize the mistakes that could be made in one of these cases and how you can avoid them. Let’s take a closer look.
Don’t make these mistakes in your white-collar crime case
It’s nerve-wracking to be under criminal investigation, but you can’t let the stress of the situation get the best of you. So, if you suspect that you’re under investigation, make sure you don’t make the following mistakes that could put you behind the eight-ball:
Consenting to a search: In most instances, the police need a warrant before they can search your home, car or business. But law enforcement can get around that requirement if you simply consent to a search. All too often those who are under investigation feel compelled to consent to a search, which leads to the seizure of incriminating evidence. Don’t make this disastrous mistake. Make the police demonstrate that they have the requisite cause to secure a validly issued warrant before granting them access to private places.
Talking openly about your case: It’s stressful to deal with a criminal investigation. So much so that talking about it with those closest to you can feel like lifting a burden off your shoulders. But discussing your case can be dangerous since those you speak to can be subpoenaed and forced to testify against you. So, be careful with what you say and who you speak to. The best course of action is to avoid talking about the investigation altogether unless doing so with your attorney, since those conversations are protected by the attorney-client privilege.
Hiding, manipulating or destroying evidence: You might think you can remove a shroud of suspicion by damaging, destroying or hiding evidence, but doing so can leave you looking even more guilty, and it very well could constitute another crime. If you have concerns about evidence, be sure to discuss it with your attorney so that you can formulate a plan to mitigate any potential damage it could do to your criminal defense.
Volunteering information: It’s tempting to try to explain away allegations when you’re under investigation. But doing so can be risky given that the police are adept at twisting words to make an accused individual look guilty. Also, statements you make could end up being used to contradict other statements that you’ve made, which could taint your image with the jury and affect the credibility and reliability of your defense.
Know how to protect your interests throughout your white-collar crime case
There’s no doubt that the stakes are high in a white-collar crime case. That’s why you need to take the time necessary to build a holistic and aggressive criminal defense. You have to understand the law and how it applies to the facts of your case, and you have to be able to use trial rules and the rules of evidence to your advantage.]]>On Behalf of Bruce Ashworth, Attorney at Law<![CDATA[Why you should take a domestic violence charge seriously]]>https://www.bruceashworth.com/?p=475632024-12-03T21:18:41Z2024-12-03T21:18:41ZDomestic violence in Texas
Texas has several types of criminal charges related to domestic violence, with varying penalties for each. Depending on the circumstances, you could be charged with domestic assault or continuous violence against the family. Penalties can be increased with aggravating factors.
Although some charges are misdemeanors, some are first-degree felonies. You will likely face some jail or prison time, ranging from one year in jail to up to 99 years in prison. Fines for a domestic violence conviction can be thousands of dollars.
However, in addition to the potential jail time and monetary cost, a domestic violence conviction can ruin your life in other ways you may not have considered.
Employment
After a domestic violence conviction, you should expect to have trouble finding employment. If you were employed before the conviction, the chances of getting that job back are rare.
Many jobs perform background checks as part of routine hiring practices. When a potential employer sees a domestic violence conviction on your record, they could decline to hire you.
You should never lie about your background if asked. Employers will generally discover the conviction anyway and your dishonesty will only give the employer another reason not to hire you.
Education
A domestic violence conviction could also impact educational opportunities. Perhaps you get out of jail or prison and want to make a fresh start by obtaining an education and embarking on a new career.
As with employers, some universities perform background checks and will deny you admission if they see a criminal conviction for a violent crime such as domestic violence.
Child custody
If you have children and are fighting for child custody, a domestic violence conviction could demolish your chance of obtaining the type of custody you seek. A Texas family court judge will question your ability to properly parent your children if you are viewed as a domestic abuser.
Sadly, sometimes parents accuse another of domestic violence to gain an advantage in custody proceedings, sometimes going as far as to manufacture evidence. Although you can mitigate any negative inferences of a domestic violence charge or conviction through steps such as anger management classes, many times the damage has already been done.
Voting and firearms
If your domestic violence conviction was a felony, you lost your right to vote. You could be forced to hand over your guns and firearms when you are convicted of domestic violence and could be banned from owning firearms even after your sentence is complete.
Even if you are not convicted, being accused of domestic violence can haunt you for the rest of your life. It could take years to convince friends, family and others that the charge was false and you are not a violent person. You must fight the charge to legally clear your name.]]>On Behalf of Bruce Ashworth, Attorney at Law<![CDATA[These five police mistakes could bolster your criminal defense]]>https://www.bruceashworth.com/?p=475562024-08-21T19:49:49Z2024-09-04T19:48:49ZPolice errors that could give you a strong criminal defense
Not all police errors are created equally. Some are more egregious than others and can give you a massive advantage going into your criminal case. Here are some of the most common and consequential law enforcement errors that you’ll want to look out for as you build your case:
Illegal search: Most searches require a warrant, but even when the police try to use an exception to the warrant requirement they often do so erroneously. This leads to a violation of your Constitutional rights. If you can show that an illegal search and seizure occurred, such as when the police stopped you without the requisite suspicion, then you can block the prosecution from using seized evidence against you. This can crater their case against you.
Chain of custody errors: If the prosecution is going to present physical evidence against you, then they have to demonstrate that the evidence is what they purport it to be. If evidence was mishandled during collection and storage, though, you’ll have a better chance of successfully arguing that the evidence was compromised. This can convince a jury that the evidence in question shouldn’t be trusted, or you may have a judge disallow it from being submitted into evidence altogether.
Unlawful interrogation: If the police are going to subject you to custodial interrogation, then they’re required to advise you of your Miranda rights. If they don’t, then any statements you make to them will be blocked at your trial. Even those that are incredibly incriminating.
Improper testing: Drunk driving cases are almost always based on the results of field sobriety and breathalyzer tests. Yet, these tests are oftentimes poorly administered, and breathalyzer testing equipment can be improperly calibrated. Highlighting the errors in these testing procedures can severely damage the prosecution’s case, perhaps leaving them without the strong evidence they need to obtain a conviction.
Exhibiting bias: Everyone has their own biases. But when law enforcement allows their biases to impact their work, you can be treated unfairly and subjected to a wrongful arrest. You need to point these biases out to a jury so that they can discredit the police’s testimony as they see fit.
Build an aggressive criminal defense that protects your future
There’s no one-size-fits-all approach when it comes to building a criminal defense. Instead, you have to analyze the unique facts to see where the prosecution’s case is vulnerable. By doing so, you might identify weaknesses that are open to attack. Then, armed with strong legal arguments, you can find a way to present compelling arguments that just might allow you to escape conviction, thereby keeping your future safe.]]>On Behalf of Bruce Ashworth, Attorney at Law<![CDATA[What can an expunction do for your criminal charges?]]>https://www.bruceashworth.com/?p=475542024-05-31T15:58:02Z2024-06-03T15:56:01ZWhat records are eligible for expunction?
While most convictions will stay on your criminal record, it may be possible to have certain information related to your arrest/conviction removed from your record through a process known as expunction (sometimes referred to as expungement). Certain records are eligible for expunction, including:
Some misdemeanor juvenile offenses
A dismissed criminal charge
An arrest that did not lead to charges
How do I file for an expunction?
If you choose to file for an expunction in Texas, it is important that you follow the process carefully. First, you file a Petition for Expunction with the proper district court, seeking an Order for Expunction. Generally, your petition must include:
Details of the arrest: Where and when the arrest occurred, the name of the arresting agency, and a list of agencies that have a record of the arrest.
Details of the charges (if any): Cause number for the case, name of the court, date of the charge, and how the case was resolved.
Once you have completed the petition, ideally with the help of an attorney, you must have the petition signed and notarized. You should also include a blank “notice of hearing,” as the court will be setting a hearing date. The notice of the hearing must be sent out to all relevant agencies, so that they will have a chance to tell the court if and why they believe the expunction should not be granted.
After the hearing, if the court finds that you have met the requirements for expunction, the court will grant it. The judge will then sign the Order for Expunction, which you will provide, and the order will be sent out to any agencies that have a record of the relevant arrest or offense. As per the terms of the order, the records will then be deleted or returned to the court clerk.
If you meet the eligibility requirements, it may be in your best interest to file for an expunction. An expunction can lead to new opportunities and change your life for the better.]]>On Behalf of Bruce Ashworth, Attorney at Law<![CDATA[I was pulled over for a DWI. Is my medical license at risk?]]>https://www.bruceashworth.com/?p=475472024-03-04T19:29:42Z2024-03-04T19:29:42ZWhat are the penalties that come with a conviction for drunk driving?
Even a first driving under the influence (DUI) conviction in Texas may lead to serious criminal penalties, including up to 180 days in jail, $2,000 in monetary penalties, and loss of your driver’s license for up to one year. Although these penalties are already harsh, for those who hold professional licenses they are just the beginning.
If you have a medical license, a conviction for drunk driving can lead to severe professional consequences, including:
Investigation by the medical board,
Suspension or revocation of medical license, and
Mandatory disclosure to current and future employers.
It is important to note that the Texas Medical Board is constantly updating its rules. In a recent example, the TMB adopted an amendment that requires physicians convicted of a felony and certain misdemeanors do more than just notify the board, they also need to submit a description of the offense to the TMB within 30 days of concluding the case.
What should I do if Texas authorities charge me with drunk driving?
Doctors must act swiftly to protect their medical license. It is important to build a defense to the allegations. Depending on the details of the case, a defense can result in a reduction or even dismissal of charges.
A DUI conviction can have far-reaching effects on a doctor's career and reputation. It is essential for medical professionals to understand the gravity of these offenses and the importance of legal and professional compliance to safeguard their livelihood.]]>On Behalf of Bruce Ashworth, Attorney at Law<![CDATA[Commercial drivers charged with DWI can lose their livelihood]]>https://www.bruceashworth.com/?p=475382023-12-12T20:32:10Z2023-12-07T20:30:47Zeven disqualify them from having one. As with any DUI or DWI charge, there are ways to lodge a defense to avoid the worst consequences.
The law is stricter with commercial drivers
For those who hold a conventional driver’s license, they will be charged with DWI if they register a blood alcohol concentration of 0.08%. For CDL drivers, it is 0.04%. Being convicted of DWI, DWI with a child passenger or intoxication assault will disqualify the CDL driver even if it is a first conviction.
Some might be under the impression that they have the right to refuse to submit to a breath or blood test when asked to do so by a law enforcement officer. This is a mistake as it too can result in a disqualification for a first offense.
The CDL driver is not immune to having their commercial privileges jeopardized if they were not driving a commercial vehicle at the time of the arrest. Simply driving a passenger vehicle and being convicted of DWI with a BAC of 0.08% or higher will warrant a CDL suspension.
The duration depends on the circumstances. It will be for three years if they were transporting hazardous material at the time or refused to take part in the test while transporting hazardous material. Two or more convictions can lead to a lifetime disqualification.
After the CDL disqualification, the driver will need to take certain steps to try and get their license reinstated. For two or more serious traffic offenses, the CDL is reinstated once the disqualification period has ended if there are no other violations. Those who receive a lifetime disqualification can apply for reinstatement after 10 years.
Commercial drivers need to protect their CDL
With any legal violation, the right type of defense can make a major difference in achieving a positive outcome. When the allegations are related to DUI or DWI, any driver will need to consider how it can damage their personal and professional lives. For CDL drivers, the ramifications are often worse.
Losing a CDL even for a limited time-period can be costly in myriad ways. Those who are disqualified permanently might not know what other jobs they can get and will need to address an uncertain future. Although the law enforcement officer and prosecution will claim to have evidence of the violation, that does not automatically mean there will be a conviction.
There are strategies that can mitigate the charges or help with an acquittal. Knowing how to proceed is integral in the immediate aftermath of the arrest and could be critical to keeping a CDL.]]>On Behalf of Bruce Ashworth, Attorney at Law<![CDATA[Unlawful vehicle searches may result in dismissal of charges]]>https://www.bruceashworth.com/?p=475372023-09-07T05:16:30Z2023-09-07T05:16:30ZException to the Fourth Amendment
Under the automobile exception to the Fourth Amendment, if an officer does not have a search warrant, they may still stop and search your vehicle if they have probable cause to do so. An officer has probable cause if he or she reasonably believes, based on the totality of the circumstances, that evidence of a criminal offense will be found in your vehicle. An officer may not stop you for a minor traffic offense and proceed to search your vehicle based on a hunch or feeling.
Plain view exception
Generally, if an officer does not have a warrant, they are still allowed to legally seize evidence that is “in plain view.” For example, during a traffic stop, an officer may seize a bag of cocaine on the backseat if they observe it through the car window.
Evidence obtained illegally may be suppressed in court
If an officer unlawfully searched your vehicle and is attempting to use the evidence obtained during the search against you in court, your criminal defense attorney may file a motion to suppress that evidence due to the illegal nature of the search. If the judge finds that the evidence was seized during an unlawful search, it will likely be thrown out of your case altogether. Without this evidence, prosecutors may be unable to build a solid case against you and be forced to drop the charges.
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