Kratom and 7-OH in Texas: Legal Products, Serious Risks, and Criminal Consequences

Kratom and 7-OH products in Texas shown alongside a police arrest, highlighting legal risks and criminal consequences.

Kratom has become one of the most widely available “legal highs” in Texas. You can find it sold openly in gas stations, smoke shops, and convenience stores across the state, often right next to hemp-derived THC products, vape cartridges, and other intoxicants. While natural kratom is not at this time illegal in Texas, new reporting shows Texas youth are increasingly being exposed to potent and dangerous kratom derivatives that can lead to addiction, overdose symptoms, and criminal trouble.

Is Kratom Legal in Texas?

Yes, plant-derived kratom is currently legal in Texas, and it can be sold to adults (commonly 18+). 

Many users purchase kratom as powders, capsules, extracts, gummies, and “shots.”

But legality is only part of the story.

Because kratom is not tightly regulated at the federal level, consumers may be exposed to inconsistent potency, mislabeled products, and more concerningly, synthetic or concentrated alkaloid versions that are far stronger than traditional kratom leaf. 

What is 7-OH (7-hydroxymitragynine)?

One of the most alarming developments is the spread of products containing 7-hydroxymitragynine, often referred to as 7-OH.

Texas has technically banned the sale of synthetic and concentrated 7-OH products, but enforcement is reportedly difficult, and these products remain easy to find in stores. 

According to reporting, 7-OH may act on opioid receptors and has been linked to dependency and opioid-like withdrawal symptoms. 

The FDA has recommended that 7-OH be classified as a controlled substance, citing serious safety risks. 

Texas DSHS Warning: Serious Health Risks

The Texas Department of State Health Services (DSHS) has warned Texans against using 7-OH products due to risks that may include:

  • High blood pressure
  • Rapid heart rate
  • Seizures
  • Potential addiction

In other words: even though the product may look like “just another legal gummy,” the health risk can be extreme, especially for teens and young adults.

How Kratom Can Lead to Criminal Charges

Even when kratom itself is legal, possession or use can still be connected to criminal cases, including:

  • DWI / DUI charges (intoxication does not require alcohol)
  • Drug paraphernalia cases
  • Possession of controlled substances (if a product contains illegal additives or mislabeled ingredients)
  • School discipline and criminal referrals (if students bring products onto campus)
  • Probation violations (many probation terms prohibit intoxicating substances. For example, Montgomery County has a “designer drug” clause in probation stipulations)

We are increasingly seeing “legal” intoxicants like kratom, THC derivatives, synthetic compounds become part of broader investigations and arrests. Some of these products can cause erratic behavior and even hallucinations. 

People often don’t realize they can still end up in handcuffs even when the package was purchased legally.

Final Thoughts

Kratom is not illegal in Texas — but 7-OH and other high-potency kratom derivatives have created a dangerous gray area, especially for Texas youth. These products can lead to addiction, overdose symptoms, and serious criminal consequences.

If you or a loved one has been arrested in connection with kratom, THC products, or intoxication-related allegations, it’s critical to speak with a criminal defense lawyer who understands how these cases are being charged in Texas.

5 Things to Know About Montgomery County’s Justice System

Montgomery County Courthouse with law enforcement, courtroom, and jail imagery, illustrating how the Montgomery County justice system handles criminal cases and arrests.

Every county in Texas has its own flavor when it comes to criminal justice. Procedures, policies, personalities, expectations, and even unwritten rules can vary significantly from one county to the next. If you or a loved one is facing criminal charges in Montgomery County, Texas, understanding how the local justice system operates can make a real difference in the outcome of your case.

Here are five important things to know about Montgomery County’s justice system.

1. Montgomery County Is a Conservative, Law-Enforcement-Friendly Jurisdiction

Montgomery County is widely regarded as a conservative county that is generally supportive of law enforcement. People often compare outcomes from Houston (Harris County), Austin, San Antonio, or Dallas and assume similar results will follow here. In reality, strategies that work in more urban, liberal jurisdictions may not translate well to Montgomery County.

Because of this, it is critical to work with a local Montgomery County criminal defense attorney who understands the courts, prosecutors, and expectations of the judges. Building credibility, trust, and rapport locally is essential.

2. Victories Are Still Possible

While Montgomery County is a tougher venue, that does not mean cases are unwinnable. Unfortunately, some lawyers hide behind the county’s reputation as an excuse to avoid trial or aggressive negotiations. That approach does clients no favors.

Yes, winning at trial in Montgomery County can be more challenging, and that reality must factor into any defense strategy. But strong legal advocacy still matters. With careful preparation, effective negotiation, and a willingness to fight when necessary, positive outcomes are absolutely possible.

3. Prosecutors Are Well-Trained and (Mostly) Professional

One major difference between Montgomery County and larger counties like Harris County is the baseline competency of the prosecutors. Even in misdemeanor courts, defendants will face professional, well-prepared prosecutors who understand discovery obligations, rules of evidence, and courtroom procedure.

This is largely due to strong leadership from District Attorney Mike Holley, and his culture of training and fostering institutional knowledge within the District Attorney’s Office. 

As a result, defense attorneys cannot spend their day slapping down sloppy prosecution like in Houston – cases must be taken seriously from day one.

4. Bond Conditions Are Strict and Must Be Taken Seriously

If you are charged with a felony offense, a family violence offense, or a high blood DWI in Montgomery County, you should expect bond conditions. These may include drug testing, travel restrictions, curfews, or no-contact orders.

Violating bond conditions even on a technicality or a failed drug test can land you back in jail and severely damage your bargaining position. 

Courts and prosecutors view bond violations as a lack of accountability, and that can eliminate leverage that might otherwise exist in your case.

5. Beware of Jail Phone Call Scams After an Arrest

After an arrest, families are often vulnerable and scammers know it. There has been a surge in jail phone call scams in Montgomery County where callers claim to be law enforcement or court officials and demand money in exchange for favors, diversion programs, or release.

No legitimate law enforcement agency will ever call asking for money. If someone makes such a demand, it is a scam. Sadly, many families lose thousands of dollars in the immediate aftermath of an arrest. I do wish there was more action from the law enforcement community to vanquish these scammers, but I don’t think law enforcement cares much for the arrested or their families. 

If you or a loved one has been recently arrested or charged in Montgomery County, contact Alsbrooks Law today. I’ll be happy to provide a free initial consultation regarding your case to see if I can help. 

5 Important Reminders About Probation in Montgomery County, Texas

Probation officer meeting with a man at a desk, with the Montgomery County courthouse and jail imagery in the background, illustrating probation rules and enforcement in Montgomery County, Texas

Probation, also commonly referred to as community supervision, can feel overwhelming and even a little frustrating, especially in a county like Montgomery County, where the system is known for strict supervision and real enforcement. Whether you’re on community supervision for a misdemeanor or a felony, whether it’s on a deferred or subsequent to a conviction, understanding how probation actually works can make all the difference in protecting your freedom. 

Here are five essential reminders for anyone currently on probation or helping a loved one through the process.

1. Treat Probation Seriously Because Enforcement Here Is Real

n Montgomery County, probation is not a formality. It’s a court order, and the court expects it to be followed. If you violate your conditions, the State can file a Motion to Revoke (for straight probation) or a Motion to Adjudicate (for deferred adjudication). 

Either motion can completely change your situation, including:

  • Jail time
  • Prison time
  • Loss of deferred status
  • A permanent conviction

Probation isn’t a game in this county. One violation can snowball quickly, and missing deadlines or ignoring conditions almost always makes the situation worse. When in doubt, check with your probation officer or contact your attorney. 

2. Be Respectful — Even When You’re Frustrated

Probation can feel intrusive, stressful, and unfair at times. You may be dealing with financial strain, transportation issues, or personal struggles. 

But remember: 

probation officers are human beings, and most are overworked and underpaid. They aren’t your enemy, and they don’t make the laws – they just enforce the court’s orders.

Being respectful and staying calm goes a long way:

  • Your officer will be more willing to work with you
  • Misunderstandings are easier to resolve
  • You help your attorney advocate more effectively on your behalf

Even if you’re having a bad day, don’t take it out on the people who control important parts of your life. It’s not personal.

3. Your Emergency Is Not Their Emergency

This is one of the biggest sources of frustration for people on probation. You might have:

  • A faulty ignition interlock device
  • A missed appointment due to work
  • A sudden travel issue or a medical issue that comes up
  • A device malfunction that generates a violation

But when you email or call your probation officer, you may not hear back for several days. This is normal, even if it doesn’t feel fair. Probation officers manage large caseloads, and quick responses are the exception, not the rule.

If you’re dealing with a real emergency or a situation that could violate your probation, contact your attorney for guidance. 

Your lawyer may be able to intervene or give you direction while you wait for probation to respond.

4. If You’re Struggling With Substance Abuse, Speak Up

This may feel counterintuitive. You don’t want to incriminate yourself or worsen your situation. But here’s the hard truth: probation already has you in a corner, and trying to hide a serious problem usually makes things worse.

Montgomery County probation does have resources:

  • Treatment referrals
  • Counseling
  • Support programs
  • Structured plans to help you succeed

You don’t need to give a full novel on anything bad you’ve ever done – that’s not what I’m suggesting, but letting your officer or better yet, your attorney know you’re struggling allows them to help you get support before a relapse becomes a violation.

5. Early Termination Is Up to the Judge — Not the Probation Department 

Many people want early termination, and it ispossible in Montgomery County. You may qualify if:

  • You’ve been compliant
  • Your fees are paid
  • You’ve completed your conditions
  • You’ve shown stability and responsibility

But even if you’re perfect on paper, there is no automatic right to early termination. It is always up to the judge, and judges vary in how they approach these requests.

A strong attorney can prepare and file the motion, gather supporting documentation, and present your case in the best possible way, but ultimately, it’s always the judge’s call.

Need Help With Probation Issues in Montgomery County?

If you’re facing a violation, need guidance, or want to explore early termination, Alsbrooks Law can help you navigate the process and protect your future. Contact us today for a consultation. 

Cargo Theft In Texas: What Daryl Joe v. State Means for Texas Theft Cases

freight scene illustrating cargo theft law and the Daryl Joe v. State decision under Texas Penal Code §31.18.

In November 2025, the Texas Court of Criminal Appeals issued a noteworthy decision in Daryl Joe v. State, clarifying how prosecutors must charge and prove cargo theft under Penal Code §31.18. 

The ruling answers a key question:

Is the cargo theft statute meaningfully different from the organized retail theft statute, such that the State doesn’t need to prove an “extra activity” beyond the theft itself?

The Court held no, it isn’t; that cargo theft includes an “activity” element above and beyond the basic acts inherent in stealing the property, just like organized retail theft. 

This decision will shape how Texas courts evaluate theft cases involving trucks, warehouses, freight yards, and logistics operations.

What Happened in Daryl Joe?

The defendant backed his semi-truck under a trailer containing mattresses at a Corsicana Bedding facility. Although the truck auto-latched to the trailer, he:

  • never connected the brake lines,
  • never raised the trailer levelers, and
  • never moved the trailer off the property.

Employees intervened before any cargo left the yard. The State charged him with cargo theft, alleging that he conducted an activity in which he “possessed stolen cargo” by hooking up to the trailer. A jury convicted, because Texans hate thieves, and the court of appeals twice affirmed.

The Court of Criminal Appeals on the other hand reversed.

Why the Conviction Failed: The “Activity” Element

Both Penal Code §31.18 (cargo theft) and §31.16 (organized retail theft) require the State to prove:

  1. Possession/receipt/etc. of stolen cargo or merchandise, AND
  2. Conducting, promoting, or facilitating an “activity” involving that stolen property.

In Lang v. State (2018), the Court held that for organized retail theft, the State must prove an activity separate from the acts that constitute the theft itself. Merely stealing the merchandise and leaving the store wasn’t enough.

The Court applied that same reasoning here:

  • The cargo theft statute is not distinguishable from the organized retail theft statute in its plain language.
  • Therefore, the same “separate activity” requirement applies.

In Joe’s case, “hooking up to the trailer” was part of the attempted theft, but not a distinct, subsequent activity. Since the cargo had not yet been moved and was not yet in stolen transit, the State failed to prove the required additional step. The evidence was therefore legally insufficient.

Key Takeaway: Cargo Theft Requires More Than Attempting to Steal Cargo

The State must prove a facilitative activity after the property becomes “stolen.”

Examples could include:

  • transporting the cargo,
  • concealing it,
  • storing it,
  • transferring it to another location, or
  • taking steps beyond those needed to commit the theft itself. Simply engaging in acts inherent in stealing (backing in, hooking up, lifting, loading) is not enough.

Those actions are the theft, but not the “activity” the statute requires. If the State cannot prove a separate activity, the proper charge may be:

  • traditional theft or attempted theft (§31.03), or
  • attempted cargo theft (which does not require this additional element).

Conclusion


The Court of Criminal Appeals’ decision in Daryl Joe v. State is a critical reminder that Texas prosecutors must prove more than an attempted theft to secure a cargo-theft conviction.

Smith v. State (2025): COVID Masking Policies Went Too Far and Violated the Sixth Amendment Right to Confrontation

Image of a courtroom scene showing a wtiness wearing a surgical mask

In November 2025, the Texas Court of Criminal Appeals issued an important decision in Smith v. State, a case that will matter anytime a witness appears in court wearing a mask or using remote technology to testify. 

The issue in this case was simple but hugely important for defense attorneys:

Does a trial court violate the Confrontation Clause when it forces witnesses to wear masks that cover their nose and mouth during testimony?

Yes, it does. 

This ruling is a reminder to every Texas trial judge:

If a witness’s face cannot be fully seen, the court must make specific, case-by-case findings explaining exactly why that restriction is necessary.

The Background: A 2023 Aggravated Assault Trial With a Courtroom Mask Mandate

In Smith, the defendant was tried in Harris County for aggravated assault. Even though Texas was long past the height of COVID-19, the woke trial judge kept a blanket policy requiring all witnesses to wear surgical masks during testimony. Only brief exceptions were allowed for in-court identifications.

Defense counsel objected immediately, arguing that the jury could not accurately evaluate a witness’s credibility without seeing their full facial expressions such as smiles, smirks, frowns, hesitation, tension, timing of words, and more. The trial court overruled the objection without making any findings. Two eyewitnesses testified in the case, both fully masked, and the defendant was convicted.

Why Masks Violate the Confrontation Clause

The Sixth Amendment guarantees the right to face-to-face confrontation. This right isn’t just symbolic. It protects four core principles:

  • Personal, physical presence of the witness
  • Testimony under oath
  • Full cross-examination
  • The jury’s ability to evaluate the witness’s demeanor—especially facial expressions

That last part about demeanor is what masks destroy. Covering the nose and mouth blocks a substantial portion of human expression, preventing jurors from assessing credibility the way the Constitution intends.

Texas courts have repeatedly emphasized this requirement. The Court of Criminal Appeals had no trouble concluding that the trial judge’s disregarding it violated the Confrontation Clause.

The Bigger Lesson for Courts: Remote Testimony and Masking Need Justification

Although courtroom mask mandates are mostly a thing of the past, the principles from this case remain critical.

Anytime a witness is not fully physically present, such as:

  • Wearing a mask due to personal medical concerns
  • Testifying via Zoom or remote video
  • Using a screen, partition, or other obstruction

then the trial court must:

  • Hold a hearing,
  • Take evidence, and
  • Make specific findings explaining why the accommodation is absolutely necessary.

Without this record, any conviction is at risk on appeal. The Constitution requires more than convenience, it demands necessity.

Can You Drive After One Drink in Texas? The Real Law Behind “Drink. Drive. Go to Jail” Signs in Montgomery County

If you’ve driven down I-45, I-59, or any major Texas highway, you’ve probably seen the bold warning signs: “Drink. Drive. Go to Jail.” 

These signs get your attention, and they’re meant to. It’s so easy to get an UBER or find a safer way to move around other than impaired driving. 

But while these signs serve an important public-safety purpose, they don’t actually state the law correctly. They do a great job stating how the law is enforced out on the street, but the actual law is something different.

In Texas, it is not illegal to drink and drive. It is illegal to drive while intoxicated. Those are two very different things.

So what is the actual law? And what actually happens when an officer pulls you over after you’ve had a drink? Here’s what every Texas driver should know.

The Legal Definition of Intoxication in Texas

Texas law uses a very specific definition of intoxication. Under the Texas Penal Code, a person is considered intoxicated if they:

  • Do not have the normal use of their mental faculties, or do not have the normal use of their physical faculties because of the introduction of alcohol, drugs, or a combination of both,

OR

  • Have a blood alcohol concentration (BAC) of 0.08 or higher.

The truth is that a single drink, especially for someone of average size, will not put most people over 0.08. A single drink will also usually not impair someone to such a high degree that they’ve lost the normal use of their faculties.

Why “Drink. Drive. Go to Jail” Isn’t Technically the Law But Isn’t Far Off Either

Here’s the uncomfortable truth: while it’s not illegal to have a drink and drive, you may still end up in handcuffs and in the back of a police car even if you’re well under 0.08.

Police Have Nearly Unlimited Discretion in DWI Stops

Texas police officers are trained to treat the odor of alcohol as a major red flag. I have often remarked to people when giving advice that if an officer smells alcohol on you, you’re probably going to jail. If an officer smells alcohol coming from your breath or your vehicle, the stop will then usually escalate to include:

  • More questioning
  • A request to perform Standardized Field Sobriety Tests (SFSTs)
  • An officer more interested in getting a potentially dangerous driver off the street than giving you a fair shot. 

And here’s where things tilt heavily in the officer’s favor and against your rights as a citizen:

SFSTs Are Graded Subjectively

The three field sobriety tests (horizontal gaze nystagmus, walk-and-turn, and one-leg stand) are:

  • Sometimes difficult for sober people,
  • Graded harshly and inconsistently,
  • Designed to reveal “clues” that are counterintuitive and open to interpretation,
  • And often performed on uneven roads, at night, with flashing lights and passing traffic.

An officer who believes you may be impaired can nearly always justify “failing” you.

Refusing SFSTs Can Still Lead to Arrest

Most people don’t realize this: exercising your right to refuse field sobriety tests can itself be used as justification for an arrest. Your refusal may be interpreted as a sign that you are intoxicated even if you’re not.

That’s why so many Texans who had “just one drink” still find themselves riding to the jail instead of driving home. These cases produce low blood or breath test results, but if a person refuses to provide a specimen, there may not be a scientific buffer to vindicate them. Breath and blood tests aren’t perfect either.

The Bottom Line: It is legal to drink and drive in Texas, but in practice, it’s risky.

Because police have broad discretion and field tests are subjective, even a small amount of alcohol can lead to:

  • Arrest
  • Blood or breath testing
  • Vehicle towing
  • Potential license suspension 
  • A criminal charge you now have to fight

If you or a loved one is facing a DWI charge in Montgomery County, Walker County, or the surrounding areas, Alsbrooks Law can help you understand your rights and build a strong defense from day one.

Have questions? Contact us for a free consultation.

Traffic Tickets in Walker County, Huntsville, Texas: What You Need to Know

If you were stopped in Huntsville or anywhere in Walker County, you’re not alone. This area has become a well-known Texas speed trap, and traffic ticket cases move through several different courts depending on where the stop occurred. 

Understanding how traffic tickets work in Walker County can help you make informed decisions and avoid unnecessary stress.

1. Background: Where Walker County Traffic Tickets Go

Traffic tickets issued within Walker County typically land in one of five courts, depending on which agency wrote the citation. Huntsville itself is an interstate town, home to I-45, Sam Houston State University, and a TDCJ prison unit. 

Heavy construction, changing speed limits, obscure signage, ambushing officers, and a constant flow of student and commercial traffic make enforcement aggressive, especially in school zones and interstate stretches.

2. The First Thirty (30) Days After Your Ticket

When you get a Walker County ticket, be aware that the initial date written on the citation usually does not constitute an actual court date. Instead, you will need to appear or give notice in the court by this date to inform them whether or not you will hire an attorney, or not contest your ticket. When you hire an attorney, your attorney will be able to notify the court of representation and you’ll be assigned a later, actual court date. 

Best practice: don’t wait until the last minute to determine your plan of attack. It will be much more difficult to find a lawyer able to help you on short notice.

3. Courts That Handle Walker County Tickets

Huntsville Municipal Court
717 FM 2821 W, Suite 200
Huntsville, TX 77320

Justice of the Peace, Pct. 1
717 FM 2821 W
Huntsville, TX 77320

Justice of the Peace, Pct. 2
102 Tam Rd
Huntsville, TX 77320

Justice of the Peace, Pct. 3
2986 A SH 19 S
Huntsville, TX 77320

Justice of the Peace, Pct. 4
9360 Hwy 75 S
New Waverly, TX 77358

Huntsville Municipal Court uses its own part-time prosecutor, while the Walker County District Attorney’s Office handles citations in the JP courts. Each court operates differently, with different conventions and norms, which is one reason many people choose to hire counsel.

4. Should You Hire a Lawyer for a Traffic Ticket?

While traffic tickets don’t carry the risk of jail time, hiring a lawyer can still offer important benefits. A lawyer can:

  • Attend court for you, saving time and avoiding missed work
  • Review evidence such as bodycam, crash reports, and notes
  • Negotiate with prosecutors to potentially achieve dismissal, deferred, reduce fines or keep points off your driving record
  • Advise on license issues, including potential suspensions or surcharges
  • Handle CDL or professional drivers, where stakes are higher

Most traffic tickets resolve through negotiation – not trial. While there are exceptions (CDL drivers, civil-liability concerns, or cases tied to accidents), nearly all tickets settle by agreement.

The bottom line: A lawyer is not always going to save you money compared to simply paying the fine. But in many cases, money is not the only concern. Hiring an attorney is about convenience, protection of your record, peace of mind, and avoiding time in court. 

Because these are lower-level offenses, lawyers also keep their fees lower compared to higher-level criminal cases.

Ultimately, the decision to hire counsel is personal, and depends on your financial situation and the stakes of the citation.

5. How Long Will It Take to Resolve a Ticket?

Many people expect traffic tickets to be resolved in just a few days. In reality, Walker County tickets often take three weeks to three months depending on:

  • Prosecutor response times
  • Availability of discovery
  • Court backlogs
  • Whether the case is in Municipal Court or a JP Court

If your ticket is older or in warrant status, you may be addressing it to reinstate your driver’s license. Keep in mind: your emergency is not the court’s emergency.

Talk openly with your attorney so you have a realistic timeline and know what steps are needed to get your license back and resolve your case efficiently.

In conclusion, hiring a lawyer, for a modest fee, can offer tangible benefits as compared to simply just paying your ticket. Contact Alsbrooks Law today for a free consultation, and we’ll let you know if we can help.

What Is a “No Refusal” Weekend in Montgomery County, Texas?

f you’ve driven through Montgomery County, you’ve seen the familiar signs over the interstate: “Drink. Drive. Go to Jail.” 

They’re attention-grabbing, and they’re designed to keep people from being dangerous and stupid, but they also paint an incomplete picture. 

In Texas, it is not illegal to drink and drive. What is illegal is driving while intoxicated, meaning alcohol has impaired the normal use of your mental or physical faculties, or your blood alcohol concentration is .08 or higher. Because alcohol concentration is often the key issue, law enforcement agencies increasingly rely on blood testing to determine intoxication. 

That’s where the other big roadside message you’ve probably seen comes in: “No Refusal Weekend.” These weekends tend to spike around holidays and are heavily marketed as times when refusing a blood test supposedly “won’t work.” But the truth is more nuanced.

You Still Have the Right to Refuse

Under Texas law, you have the right to refuse a breath or blood test. And absent special circumstances like a fatality accident or unconscious driver situation, police ordinarily need a search warrant to take your blood if you refuse. That requirement applies 365 days a year.

In Montgomery County, a prosecutor from the District Attorney’s Office is always on duty, stationed at the “police desk.” The county maintains a rotating call list of judges who are available day or night to review and sign blood-search warrants. Because this system operates around the clock, a “no refusal” weekend doesn’t give police new authority, it simply makes the existing process faster.

The Reality: Every Day Is Functionally a “No Refusal” Day in Montgomery County 

“No Refusal Weekends” were really a major event ten years ago. Agencies would announce them in advance, and county operatives would prepare for the increased flow of warrant requests. 

But today, thanks to streamlined digital forms, pre-checked templates, and on-call prosecutors and judges, officers can obtain a warrant on a routine night almost as easily as during a designated no-refusal event.

In other words, it’s a fair conclusion that the special distinction of no refusal has essentially faded. When an officer wants a blood warrant in a DWI case, they can usually get one, holiday weekend or not.

Voluntary Consent Still Matters

One critical point for citizens:

“No refusal” does not mean you lose the right to refuse.

If an officer pressures you into “consenting” by saying things like, “You might as well give a sample, we’re getting a warrant anyway,” that can undermine the voluntariness of your consent. Consent obtained through coercion, threats, or implied promises may raise serious constitutional issues. A blood draw that is not truly voluntary may be suppressible in court.

If police do obtain a blood warrant to secure your blood sample, don’t resist the police or blood draw nurse. You may pick up additional charges. 

So What Actually Changes on a No Refusal Week


Primarily, efficiency and manpower. During official no refusal operations, agencies often assign:

  • A dedicated prosecutor focused exclusively on blood-search warrants
  • A nurse stationed at the jail to perform blood draws
  • A videographer to document the process
  • Additional investigators to assist officers
  • Direct jail-processing, eliminating the need to transport suspects to a hospital

This condensed system speeds up the process and reduces delays for law enforcement. But legally, the rules are the same: you may refuse, and officers must obtain a warrant before taking your blood, unless an exception applies.

If you’re facing a DWI arrest in Montgomery County, knowing your rights is crucial. Alsbrooks Law is here to help you understand the process, protect your constitutional rights, and fight for the best possible outcome. 

Operation Pitbull: What the Newton County Dog Fighting Arrests Mean Under Texas Law

Dogfighting is a cultural ill. Many are familiar with quarterback Michael Vick’s legal issues related to this topic and the quarterback’s road to redemption. 

Newton County officials recently announced Operation Pitbull, a highly coordinated law enforcement effort that resulted in more than 40 arrests tied to an alleged dog fighting ring. These types of high-profile operations generate intense media attention, social media circulation, and political pressure on prosecutors to secure convictions. There is no question that dog fighting is a terrible hobby, and unfortunately the dogs bred to perpetuate it are often responsible for attacking humans, livestock, and being general menaces in their neighborhoods. 

For those arrested, however, the law is far more complex than the headlines suggest. Here’s the danger in a sting operation – that you were in the wrong place at the wrong time and didn’t actually do anything wrong. Understanding how Texas defines dog-fighting offenses is critical to protecting your rights.

How Texas Defines Dog Fighting

Dog fighting is governed by Texas Penal Code § 42.10, one of the most aggressively enforced animal-cruelty statutes in the state. The law outlines several different ways a person can be charged:

  • Actively causing one dog to fight another
  • Operating or profiting from a dog-fighting facility
  • Allowing property to be used for dog fighting
  • Possessing dog-fighting equipment with intent to use it
  • Owning or training a dog for a dog-fighting exhibition
  • Attending a dog fight as a spectator

These categories cover a wide range of conduct, from direct participation to simple presence at an event. 

In large operations like the one in Newton County, arrests often sweep in individuals with varying levels of involvement.

The Penalties Can Be Severe

Texas treats dog-fighting allegations seriously:

  • State Jail Felony
    • Causing dogs to fight
    • Operating or participating in the earnings of a dog-fighting operation
    • Allowing your property to be used for a fight

A state jail felony carries up to two years in a State Jail Facility and a maximum $10,000 fine.

  • Class A Misdemeanor
    • Possessing dog-fighting equipment
    • Owning or training dogs for fighting
    • Spectating at a dog fight

Class A misdemeanors carry up to one year in county jail and up to a $4,000 fine.

Because Operation Pitbull involved multiple defendants, prosecutors may attempt to elevate charges or stack multiple counts. They may also attempt to subsequently search cellphones or other personal belongings.

Key Legal Issues in Dog-Fighting Cases

Dog-fighting prosecutions often hinge on intent, especially when dogs, equipment, or property are found on site. 

Simply owning certain items or even being present does not automatically prove criminal conduct.

Texas Penal Code § 42.10 also includes important protections:

  • Uncorroborated Testimony:
    Under subsections (a)(2) and (a)(3), a conviction can be based solely on the testimony of a party to the offense. This makes it essential to challenge witness credibility and motives.
  • Definition Matters:
    “Dog fighting” is defined broadly. Not every aggressive encounter qualifies as criminal conduct.

Large sting operations frequently result in over-charging, misidentification, and guilt by association. Every defendant deserves an individualized review of the facts and not a one-size-fits-all narrative.

3 Situations Where a Pre-Trial Diversion (PTD) May Not Be Right for You

In the context of criminal defense in Montgomery County, a Pre-Trial Diversion (PTD) is often considered a golden outcome for first-time offenders. 

When you complete a PTD, your case is dismissed and you become eligible for an expunction, an opportunity to wipe the arrest from your record as though it never happened.

But PTD is not a one-size-fits-all solution. The Montgomery County District Attorney’s Office is extremely selective about who gets in, and even strong candidates sometimes discover that PTD isn’t actually the best path for their situation.

Here are three scenarios where you might not want to pursue a Pre-Trial Diversion, even if you qualify.

1. Your Case Should Be Dismissed

The very best outcome in a criminal case is not a diversion program, but rather a dismissal. If your case has factual or legal vulnerabilities, evidentiary issues, or other clear weaknesses that make proving it difficult for the government, you may not want to agree to a strict year-long program to achieve a clean result.

Fighting for a dismissal requires:

  • Thorough review of the evidence with projection as to use and admissibility at trial.
  • • Strong attorney-client communication to determine whether to pursue an aggressive strategy in lieu of applying for a diversion. 

If you’re admitted and if you adhere to probation conditions, PTD is a guaranteed path to dismissal. But if your lawyer believes the case can be dismissed outright, you may be better off fighting rather than committing to a program you don’t want or need. Entering PTD in a case that should be dismissed can actually cause unnecessary hardship like extra time, extra conditions, and extra stress.

If the government’s case has major problems, standing your ground may be the smarter long-term decision.

2. You’re Not Willing to Make Lifestyle Changes

The PTD program in Montgomery County is not a slap on the wrist. Instead, it is a structured, accountability-based program designed to promote long-term change. If you’re not ready for that level of commitment, PTD can quickly become overwhelming and worse off, failing the PTD can put you in an even worse position.

Expect the following:

  • Routine drug and alcohol testing
  • Strict supervision by a probation officer
  • Requirements for community service, classes, counseling, and sober living
  • Zero-tolerance policies for violations

If you’re not already living a reasonably clean and stable lifestyle, PTD may be extremely difficult to complete successfully. A failed PTD can put you in a worse position than if you had chosen a traditional resolution from the start because the state will have an admissible confession letter to use against you.

It’s crucial to be honest with yourself and with your attorney about whether you can comply with the program’s demands for a full year.

3. You’re Expecting Major Life Changes in the Near Future

A typical Montgomery County PTD lasts twelve months (one year) and participants must stay local during that period. If you’re planning on moving, taking a job in another state, or expect major changes in employment, housing, or family obligations, PTD may not be workable.

A few realities to consider:

  • PTD is not easily transferred to another jurisdiction.
  • Travel may require permission or be restricted.
  • Major schedule disruptions can interfere with program requirements.
  • Deferred probation, while still supervised, is actually more flexible and more easily transferred than PTD.

If your life is in transition, you may want to pursue a different outcome that better fits your circumstances.

Final Thoughts

Pre-Trial Diversion (PTD) is an incredible opportunity but only when it’s the right fit. 

The goal at Alsbrooks Law is not simply to get clients into PTD. The goal is to secure the best outcome for your life, your record, and your future depending on the facts and legal issues in your case.

If you’re facing charges in Montgomery County and want to explore all your options, including PTD, fighting for dismissal, and alternative resolutions – we’re happy to discuss the options if reach out to us. We’ll give you straightforward, honest guidance every step of the way.