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Attorney Bio

Sugar Land Attourney Lester Van Slyke, Jr. has over 30 years experience in handling Family Law, Criminal Law, and Personal Injury Law matters in Fort Bend County and surrounding counties. Licensed to practice by the State Bar of Texas, United States Supreme Court, and the United States District Court, Southern District of Texas.

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The Law Office of Lester Van Slyke
500 Morton Street
Richmond, Texas 77469
Phone: 281.342.6148
Facsimile: 281.232.5712
Email: vanslyke500@sbcglobal.net

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Sugar Land | Richmond, Rosenberg Criminal Lawyer

According to FindLaw.com, a criminal case (as opposed to a criminal one) "arises when the government seeks to punish an individual for an act that has been classified as a crime by Congress or state legislature." In Sugar Land, Richmond, Rosenberg, Fort Bend County, TX nobody takes criminal (or penal) law more seriously than Lester Van Slyke Jr. The complicated subject's particular facts all but call out for an aggressive expert -- including one who can serve as a Sugar Land domestic family violence attorney or drug charge lawyer throughout the jurisdiction.

No matter which type of case you're facing, you need sophisticated representation: Involved in a DWI, DUI or assault case within Sugar Land's vicinity? What about assault or DWI in Richmond, Rosenberg, Fort Bend County, TX, Texas? The Law of Office of Lester Van Slyke Jr. is committed to serving as your litigant, whether as a Sugar Land domestic violence lawyer or drug charge attorney -- or any criminal law representation.

DWI

In Texas the charge of DWI (Driving While Intoxicated) has become two distinct issues that are both criminal and civil in nature. Your driver’s license will be revoked within 15 days of the charge, and your window to challenge this charge is very small. In addition, the criminal proceedings are another issue.

First Offense DWI – A fine of no more than $2,000 and/or confinement to the county jail for a term not to exceed 180 days
Second Offense DWI - A fine of no more than $4,000 and/or confinement to the county jail for a term not to exceed one year
Third Offense DWI – A felony offense, it can result in a fine not to exceed $10,000 and confinement in state prison.

If You Are Arrested

You still have rights if you are arrested. But what are those rights, and what do they entail?

What rights do you have when you are questioned by the police?

1. You have the right to remain silent.
2. If you choose to speak, anything you say can and will be used against you in Court.
3. If you decide to answer any questions, you may stop at any time and the law requires all questioning to cease.
4. You have a right to consult with your attorney before answering any questions. You have the right to have your attorney present if you decide to answer any questions, and if you cannot afford an attorney, one will be provided for you or appointed to you by the court without cost to you before any further questions may be asked.

What are your rights after you have been arrested?

You have a right to know the crime or crimes which you have been charged.

You have the right to communicate by telephone with your attorney or family or friend or bondsman as soon after you brought to the police station as practical. The police have a right to complete their booking procedures before you are allowed to use the telephone.

May a law enforcement officer detain you without arresting you?

If there is reasonable suspicion that you may be involved in criminal activity, a police officer ay require you to identify yourself and explain your presence at a particular time.

If the officer has reasonable grounds to believe that you are armed or may be dangerous, he or she may conduct a limited pat down of your outer garments for the purpose of detecting weapons.

The officer may ask you questions pursuant to an investigation. You have a constitutional right not to answer them, but if you refuse to identify yourself, the officer may have grounds to make an arrest.

At the conclusion of this temporary detention, the officer must either arrest you or let you go.

When may you be arrested with a warrant?

A police officer may arrest you at any time if there is a warrant for your arrest or if they have knowledge that a warrant for your arrest has been issued.

A police officer must show the warrant to you as soon as possible and inform you of the offense charged.

When may you be arrested without a warrant?

A police officer may make an arrest without a warrant only under certain limited circumstances in Texas. An officer may arrest anyone who commits an offense in the officer’s presence or within the officer’s view. An officer may arrest a person if informed by a credible person that a felony has been committed and that the offender is about to escape and there is no time to get a warrant. Examples of felonies include murder, rape, robbery, burglary, and sale of narcotics.

When may you be searched?

If you are arrested in your home, officers may conduct a limited search of the immediate area where you are arrested without a search warrant. They may also check the rest of the house for any accomplices. They may seize any contraband, stolen property, or evidence of a crime discovered in plain view in any portion of the house where the officers have a right to be.

When you are arrested while driving your automobile, the officers may make a limited search of your car at that time for the purpose of discovering weapons that might be used against them. They may not make a general search of your automobile unless there is independent probable cause that the vehicle is carrying evidence of crime or contraband. If a search is requested by an officer, you are not required to give consent.

What procedures are usually followed when you are arrested?

1. The officer will take you to a police station, jail, or other detention facility.
2. Upon arrival at the jail or shortly thereafter, you will be afforded the opportunity to contact an attorney.
3. You will be advised generally as to the charges against you.
4. You may be required to:

1. participate in a lineup
2. prepare a sample of your handwriting
3. speak phrases associated with the crime with which you are charged
4. wear certain clothes, or
5. give a sample of your hair, blood, etc.

You should request to have your attorney present during any of the procedures below

5. You may also be required to be fingerprinted and photographed
6. You must be taken before a magistrate (a court official who may exercise some functions of a judge) within a short time of your arrest. The magistrate will inform you of the charge filed against you and your rights.

Field Sobriety Testing for DWI

The Standard Field Sobriety Test (SFST) include: Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT), and One Leg Stand (OLS). The validity of the SFST results, however, is questionable in almost every case. Officers have to administer the tests exactly as trained. Any deviation can lead to invalid results. Moreover, even if administered perfectly, the tests themselves are not perfect and they are not appropriate for many individuals who have had certain past injuries, medical conditions, advanced age, etc.

HGN Horizontal Gaze Nystagmus

“Nystagmus” means an involuntary jerking of the eyes. HGN refers to an involuntary jerking o the eyes as they gaze toward the side. In addition to being involuntary the person experiencing the nystagmus is unaware that the jerking is happening. The theory behind the test is that nystagmus becomes readily noticeable when a person is impaired. However there are other factors that may cause noticeable nystagmus.

In administering the test the officer has the subject follow the motion of a pen, etc. with his or her eyes. As the eyes move from side to side each eye is examined for three specific clues:

1. Lack of Smooth Pursuit – Does the eye move slowly or does it jerk noticeable? If there is smooth pursuit, your eye should appear as if it were a marble rolling over glass. If there is a lack of smooth pursuit, your eye should appear as if it were a marble rolling over sandpaper.
2. Distinct Nystagmus at Maximum Deviation – When the eye moves as far to the side as possible and is kept at that position for at least four (4) seconds, does it jerk distinctly?
3. Onset of Nystagmus Prior to 45% as the eye moves to the side – Does it start to jerk prior to a 45% angle?

Officers frequently fail to properly administer the HGN. It is important for your attorney to review the videotape (if available), to ascertain whether the test was properly administered or whether suppression of the results is possible.

WAT – Walk and Turn

The WAT is a divided attention test consisting of two (2) stages: Instruction stage and walking Stage. In the instruction stage, the subject must stand with their feet in heel to toe position, keep their arms at their sides, and listen to instructions. The subject must maintain the heel to toe position and may not begin walking until all instructions are given. In the Walking Stage the subject take nine (9) heel to toe steps, turns in a prescribed manner, and take nine (9) heel to toe steps back, while counting out loud and watching their feet. Officers observe the subject’s performance for eight (8) clues:

1. can’t balance during instructions;
2. starts too soon;
3. stops while walking;
4. allows more than ½ inch between heel and toe;
5. steps off line;
6. uses arms for balance;
7. loses balance on turn or turns incorrectly; and
8. takes the wrong number of steps.

A subject who exhibits two (2) or more clues will fail a test. Scoring is entirely subjective and within the officer’s discretion.

OLS – One Legged Stand

The OLS is also divided into the instruction and performance stages. In the Instruction Stage, the subject must stand with feet together, keep arms at side and listen to instructions. In the Balance and Counting Stage, the subject must raise a leg approximately six (6) inches off of the ground, toes pointed out, keeping legs straight. While looking at the elevated foot, count out loud in the following manner: “one thousand and one”, “one thousand and two”, etc., until told to stop. The officer will instruct the subject to stop after thirty (30) seconds. The subject is observed for the following clues:

1. sways while balancing;
2. uses arms to balance;
3. hops; and
4. puts foot down

A subject who exhibits two (2) or more clues, as determined by the officer, will fail the test.

NOTE:

If you have recently been arrested for a DWI in Texas, contact an attorney immediately. You have only fifteen (15) days from the date of your arrest to contest the possible lengthy suspension of your driver’s license. Fighting such a suspension may not only protect your ability to drive, but may also lead to the discovery of very valuable evidence that could assist you in winning your DWI Trial.