Criminal Defense
We live by our motto of telling our clients story, for when we do, our clients succeed.
As a former US Army Judge Advocate, serving both as a prosecutor, defense attorney, and receiving years of litigation training, Mr. Matthew James now uses his years of litigation and investigative experience to defend clients in complex, high-stakes, criminal cases in El Paso District and County Court, District Court of the Western District of Texas, District Court of New Mexico, and D.C. Superior Court.
Drug Crimes
Drug Crimes Lawyer | Expert Trial Lawyer For The Accused
For the past fifty years, the United States has spent billions of dollars on drug-related crimes and enforcement. From petty possession to major trafficking operations, law enforcement has targeted every aspect of the American drug culture. As a result, those facing a drug charge can be subject to a grossly disproportionate sentence, even for simple drug possession, ruining millions of lives.
The Matthew James, PLLC, has successfully dealt with dozens of drug-related cases and has the trial experience to create a solid defense. It’s important you schedule your consultation as soon as possible for the best results, for waiting can lead to lost contact with witnesses, plea offers missed, and other adverse consequences putting yourself in a deeper hole than you already were.
The War on Drugs in America | A Trillion Dollar Effort
As a result of our nation’s aggressive stance on drugs and narcotics, the law has become quite fleshed out and stratified over decades of aggressive drug litigation. The catalyst of the War on Drugs is the Comprehensive Drug Abuse Prevention and Control Act of 1970, which established a classification system for drugs, plants and chemical substances. The U.S has spent over a trillion dollars on the War on Drugs since 1970.
Drug offenses can be split into two basic categories: possession and trafficking/distribution.
Drug possession accounts for well over a million arrests per year, with many of those arrests targeting minorities. While the American viewpoint of simple possession appears to be changing, there still are steep punishments for possession. Possession charges are split into simple possession and possession with the intent to distribute, with the latter carrying more severe consequences significantly. In Texas and Washington, D.C., possession of small amounts of drugs is considered a misdemeanor, but the punishment will vary based on the type and quantity of the drug.
Drug trafficking/distribution carries much stiffer penalties than drug possession. Drug trafficking and distribution will likely be considered a felony, as opposed to a misdemeanor. Just like possession, though, the consequences are contingent on the type of drug, amount of the drug, and how it was distributed (sold to minors, sold in certain states, etc.). However, if found guilty, you may spend years behind bars and pay fines in the hundreds of thousands of dollars.
These laws and their consequences are devastating for anyone accused or convicted of committing these offenses. You will want an experienced trial lawyer in your corner when facing charges this serious.
What Matthew James Can Do For Your Case
As you can see, being accused of a drug-related crime is a grave matter. Experienced trial lawyers like Matthew James can give you the absolute best possible outcome for your case. If you or someone you know is up against any of these charges, schedule your consultation immediately.
Sex Crimes
Allegations of committing sex-related offenses carry an extremely negative stereotype. Even before the trial, perception from others can be drastically altered due to nothing more than one allegation, be it supported with evidence beyond a reasonable doubt or not. Defending yourself from these allegations is difficult and takes years of educational and practical experience in this area of law. Attorney Matthew James has spent years trying these cases before Judge and jury, achieving positive outcomes for clients.
Mr. Matthew James has gained experience addressing sex crime cases in both the military and civilian sectors. He has cross-examined countless complaining witnesses, child witnesses, sexual assault nurse examiners, experts in counter-intuitive victim behavior, DNA, and digital forensics, and law enforcement officials. It’s essential to work with a trial attorney who has extensive experience in this area of law. This area of practice is not for someone who is a general practitioner or does genera criminal defense work. These are serious offenses; therefore, we recommend contacting our office, an office with years of sex crime related experience to discuss your case. Our job is to help you articular your side of the story and create a plan of action on how best to tell this story to the Judge and jury.
Sex Crime Charges In Texas
Sex crimes in Texas, as in the rest of the nation, span a full gamut of different charges and penalties. The common thread between all of them is that allegations and convictions can ruin your life. Sex crime convictions have some of the harshest sentences in the justice system, not to mention the social branding and stigma that may follow you for the rest of your life.
Some of the most commonly convicted sex crimes in Texas include:
Child Molestation
Child Pornography
Indecent Exposure
Internet Sex Crimes
Prostitution
Rape
Sexual Abuse
Sexual Misconduct
Statutory Rape
In addition to these charges leading to jail time and hefty fines, many of them will require registration as a sex offender. When the stakes are this high, it’s imperative that you have the right legal defense to protect your freedom.
When faced with sex crime allegations, having the right legal team makes a significant difference. At our firm, we pride ourselves in using our experience in this area of law to ensure the allegations of one individual does not lead to prolonged negative consequences. Call our office today so we can help tell your story, so the truth is revealed, and the allegations of misconduct become nothing more.
Domestic Violence
Domestic Violence Lawyer in El Paso Defending Your Rights
Being accused of domestic violence changes your life. Unfortunately, in our current social climate, those charged with domestic violence are left proving their innocence rather than being afforded the security of innocence until proven guilty. Moreover, even without a conviction, those accused of these types of offenses may experience discrimination and prejudice in their everyday life.
To counter these allegations, you’ll need a skilled advocate to tell your story to the Judge and jury. Trying to address these allegations alone or avoid the accusations by turning a blind eye only digs a deeper hole. These charges will likely not go away and trying to influence the complaining witness, be it telephonically, through a third person, or text message, to drop the charges, will only likely be used against you. Rather than ignoring domestic violence charges, contact our office for a free case discussion to begin the process of telling your story. Mr. Matthew James has the training and experience of working with countless clients facing these serious domestic violence charges and achieving favorable results.
Our Experience With Domestic Violence Cases
Mr. Matthew James has litigated countless domestic violence cases in both civilian and military court. He has attended domestic violence litigation training courses as both a prosecutor and defense attorney, has cross-examined some of the nation’s best government counter-intuitive victim behavior experts, cross-examined countless complaining witnesses, and has spent years advocating for those falsely accused of these type of offenses.
Domestic Violence and Texas Law
There are three different types of domestic violence-related offenses in Texas, domestic assault, aggravated domestic assault, and continuous violence against the family. An assault against a family member, member of the household, or someone you are dating would likely be considered a domestic assault.
If you cause bodily injury, threaten bodily injury, or use unwanted physical contact in an intentional, knowing, or reckless manner, against a family member, spouse, dating companion, it will likely be considered domestic assault. Causing serious bodily harm or exhibiting, using, or threatening harm with a deadly weapon is considered aggravated domestic assault. Committing two domestic assaults in 12 months is regarded as continuous violence against the family.
The penalties for these crimes range from a Class A misdemeanor to a 1st-degree felony, so it’s incredibly important that you employ the right legal counsel, an attorney who has experience in this complicated area of law.
Don’t Give Up, Let The Matthew James, PLLC., Help
When it comes to domestic violence charges, it can seem like the system and public opinion is against you. Telling your story is what drives us, and we treat your case as if it’s our own. Contact our office to begin telling your story and closing this unfortunate chapter.
DWI
DWI Lawyer | Building Your Case
Due to the unpopularity of driving, DWI has been singled out as a profitable crime for prosecution. There are significant consequences with being charged with a DWI, with even first time offenders seeing thousands in fines and administrative fees, plus up to a year in jail depending on the level of blood-alcohol content (BAC) or drug use. Not only do those facing DWI charges face fines and a period of confinement, but they also face having their license suspended for a period of time and additional license reinstatement fees.
Different DWI Cases
At The Matthew James, PLLC, we’ve helped many clients facing an array of different DWI charges. If you find yourself facing any of these alleged offenses, we can likely help:
DWI: Class B Misdemeanor (1st Offense), Class A Misdemeanor (2nd Offence), 3rd Offense (Felony)
DWI: .15 and above
DWI with child
Intoxication Assault
Intoxication Manslaughter
Texas DWI Law, Penalties, and ALR
The Texas BAC limit .08 and anything above this amount would be considered a DWI (Texas does not use the term DUI, although both terms are commonly used) and would trigger a list of criminal and financial consequences. If you are found to have an illegal BAC or refuse the test, an officer can suspend your license and issue a Notice of Suspension by issuing you a DIC-25. The Notice of Suspension is a 40-day driving permit, after which you’ll no longer be able to drive.
This process is called Administrative License Revocation (ALR) and can be challenged through a hearing. It is important to note that you’ll only have 15 days to request a hearing after being served a Notice of Suspension, so scheduling your consultation as soon as possible is incredibly important.
The criminal side of your case can determine jail time, the amount in fines you incur, and how long your license is potentially suspended. Our law firm can help with both the criminal and administrative aspects of your case, working to reduce or dismiss some of the consequences of the alleged DWI.
The Surcharge System
Convictions of certain crimes will result in surcharge fees, which are hefty annual fees that are collected by the state. A DWI, Intoxicated Assault, or Intoxicated Manslaughter charge comes with a 3-year, $1,000 surcharge, which is in addition to other fees.
The surcharge system makes fighting a conviction that much more important since it can add the already expensive DWI process. We’re willing to go to trial so you can keep more of your money in your pocket.
Attorney Matthew James Provides DWI Defense
The moment you’re accused of a DWI, schedule your consultation with us. We will immediately work with you to address your ALR and begin crafting your defense to the alleged DWI offense. The sooner we’re able to act on your case, the better. Give us a call or stop by our office to begin crafting your DWI defense.