Criminal Law

Breathalyzer Test

Receive the support you need for your case when you consult with Martin J. Rubin at the Law Offices of Martin J. Rubin. Our criminal attorney is available to provide essential guidance and top representation for clients located throughout the State of Texas. No matter what the circumstances are behind your criminal charge, you can depend on our criminal defense lawyer to guide you through the criminal procedure. Schedule a consultation with us today to work with our experienced attorney.

Martin J. Rubin has handled a wide range of criminal cases from driving while intoxicated, marijuana possession, burglary, white collar crimes, drug possession cases, theft, assault, burglary, robbery, sexual assault and illegally pulling a school alarm. The list of crimes are too numerous to list. The majority of criminal cases that our attorney takes at this time in his practice are driving while intoxicated cases as a result of alcohol and drugs.

Texas is known for its tough DWI laws. For a first offense with a blood alcohol level of .08 up to a blood alcohol level of .14 the charge will be a class B misdemeanor. If your blood alcohol level is .15 or greater, even if it is your first arrest for DWI, you will face a class A misdemeanor. Third offenses are felonies.

An arrest for driving while intoxicated carries serious punishment. You can face jail time or penitentiary imprisonment, monetary fines and court costs, drug and alcohol classes, hours of community service, monthly visits to a probation officer and probation fees, additional counseling if required, drug and alcohol screening, suspension of driver’s license and extremely high surcharges.

DWI arrests and conviction not only will possibly effect your freedom and your bank account, but will also affect your employment, your ability to get loans, your ability to lease and of course, the costs of your liability insurance.

If you are charged with a DWI contact us to discuss the facts of your case. Do not procrastinate because there are deadlines to watch out for and court dates that cannot be missed. We will be your advocate during all phases of the case and will educate you about what steps you should take.

The State will try to take away your license. Fight this suspension at the ALR hearing. Even if you lose your license, contact our firm to assist you in obtaining an occupational driver’s license so that you can drive for work, school and essential household reasons.

The State will want you to plead guilty and take probation or jail time. Consider contesting the charge. The State has the burden to prove that you are guilty and sometimes the State fails to meet its burden.

Martin J. Rubin will evaluate your case, will read the State’s file and review the State’s videos. Martin J. Rubin will spend time with you to discuss the facts of your case, the law, the procedure and will counsel you with how to proceed with your case.

The Motion to Suppress evidence is one of the greatest tools of winning a DWI case. The arresting officer may not have had reasonable suspicion to stop you or probable cause to arrest you. If the Judge grants the Motion the State will in most instances dismiss the case.

We have handled many jury trials for DWI over the past four decades. If you are found not guilty the next step will be expunction. If you are found guilty, the next step is to work out the best possible bargain with the State or proceed with a sentencing hearing before the Judge or Jury. It has been our experience that taking a case to trial will be usually not result in jail time on a first DWI conviction. Trials with breath or blood test results are definitely time consuming and require expertise when cross-examining the State’s witnesses. That is why you need our experienced, knowledgeable and dedicated attorney, Martin J. Rubin.

Since 1977, our criminal defense attorney has worked with countless clients facing all types of criminal charges. Whether you are dealing with a felony or misdemeanor charge, Martin J. Rubin has the knowledge of the law you need. We use our skills, experience, and judgment to help you.

We will meet with you to discuss every detail of the situation at hand. During this consultation, we will discuss your expectations, the law, the facts, the procedures and our legal fees for representation.

Contact us to meet with a criminal attorney for your charges. Our criminal defense lawyer is available for clients throughout Collin, Dallas, Denton, Ellis, Kaufman, and Tarrant counties.

Expunction and Nondisclosure Services

Handcuffs on folderClients all over the United States have turned to Martin J. Rubin to both seal and expunge their criminal records. By using the expungement and nondisclosure services from our attorney, you will have the ability to start your life again without having the negative effects of a criminal history on your record. Schedule a consultation with us today to discuss the details of your case.

Your Local Attorneys

Clear your criminal record with the services from a team you can count on. At our Dallas law firm, we handle nondisclosure and expungement services throughout many Texas counties, including, but not limited to:

  • Collin County
  • Dallas County
  • Denton County
  • Ellis County
  • Kaufman County
  • Tarrant County

As part of our expungement and nondisclosure services, we will consult with you about your eligibility, the procedures involved and the effects of the final orders on expungement and nondisclosure. The laws effecting the sealing or destruction of criminal history are continuously evolving after each Texas legislature session. Therefore it is important to contact our office each year to find out about eligibility.

Understand Your Right to Expunction

If you have been arrested for a felony or misdemeanor, you may be entitled to have all records relating to the arrest expunged if you meet any of the following:

  1. You have a jury or non-jury trial for the offense, and you are found not guilty.
  2.  If the arrest was for a Class C misdemeanor and the case was never filed, you may be entitled to an expunction after six months.
  3.  If the arrest was for a Class A or B misdemeanor and the case was never filed, you may be entitled to an expunction after one year.
  4. If the arrest was for a Felony and the case was never filed, you may be entitled to an expunction after three years.
  5. The case was filed and then dismissed or quashed because you completed a pre-trial intervention program.
  6. The case was filed and then dismissed or quashed because the case was filed based by mistake, false information or other similar reason indicating absence of probable cause.
  7.  The case against you has been dismissed, you have not been placed on probation, and the statute of limitation has expired.
  8. You have received deferred disposition for a Class C misdemeanor and the case has been dismissed.

Expungement services can be used for removing information about you that was falsely given by an arrested person who has used your information. However, it is important to remember that in some situations including family violence cases, expunctions are not allowed. Expunctions may be barred if there are felony charges arising out of the same arrest, or if you intentionally or knowingly absconded from the court’s jurisdiction. If the statute of limitations has not expired and you are granted an expunction, the State may request that the law enforcement agency and the prosecuting attorney retain their records about the case if there is reasonable cause to believe that the State may proceed against the person for the offense. Class C cases involving alcohol for minors may also be expunged.

Nondisclosure

Nondisclosures can be granted on many misdemeanor and felony offenses. There are no waiting periods for some misdemeanor offenses. Once the deferred adjudication probation (minimum period of 180 days) is completed you may be eligible for nondisclosure. There are some misdemeanor cases that require 2 years of waiting after the deferred adjudication probation is over. Felony cases require a 5 year wait. There are also some offenses that the State of Texas legislature has determined should not be nondisclosed. Nondisclosure is a discretionary act by the judge that had jurisdiction on the original case.

Eligibility for Nondisclosure

  • If entered a plea of guilty or nolo contendere;
  • The judge deferred further proceedings without entering an adjudication of guilt and placed you under the supervision of the court or an officer under the supervision of the court; and
  • At the end of the period of supervision the judge dismissed the proceedings and discharged you.
  • You were placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, for a misdemeanor other than a misdemeanor:
    • under Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal Code; or
    • with respect to which an affirmative finding under Section 5(k), Article 42.12, Code of Criminal Procedure, was filed in the papers of the case; and
  • You have never been previously convicted of or placed on deferred adjudication community supervision for another offense other than an offense under the Transportation Code that is punishable by fine only.

The attorney can assist you with nondisclosure on a one-time only basis for misdemeanors under the strict requirements of the law for misdemeanor cases even if you convicted and went to jail for a short time or were placed on probation. This is the newest area of the nondisclosure law, and Martin J. Rubin has been successful even with the agreement of the State, that his convicted client’s record could be sealed.

Protecting Your Future

If your situation permits nondisclosure and expungement, you will achieve the following:

  1. You can deny the criminal offense on job applications.
  2. Potential employees will not be able to see your criminal record (except many governmental agencies can view your history if your case is nondisclosed).
  3. The public cannot see your criminal history on county criminal databases.
  4.  Internet companies that purchase criminal histories will be informed by the State to remove your record from their databases or face penalties.
  5. Lending institutions will be more likely to loan you money.
  6.  You can more easily rent an apartment or home.
  7. It will be easier to do volunteer work

The exception to disclosure of an expunctions arises when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged. In this instance you may state only that the matter in question has been expunged.

Contact us in Dallas, Texas, to learn more about your rights with our expungement and nondisclosure services. We proudly represent clients throughout Collin, Dallas, Denton, Ellis, Kaufman, and Tarrant counties for sealing and the destruction of criminal records.