1433 3rd St, Floresville, TX 78114
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A Criminal Defense Firm Serving Wilson, Atascosa, Frio, Karnes, & LaSalle Counties.
Recent Blog Posts
Austin Has Seen a Spike in Homicides, Uncertainty on What Is to Blame
Austin is one of the largest cities in Texas, housing the University of Texas, and seeing a recent growth in population. This up-and-coming city is not typically known for the violence that exists in dark corners, but over the past year, Austin has seen a spike in violent crimes. Similar to many cities across the country, Austin has experienced an increase in homicides and aggravated assaults. Lawmakers and officials have speculated on the cause of this violence and hope that the new year does not follow suit.
Increase or Decrease Police Supervision?
The year 2020 has come with its fair share of challenges, including social unrest from all ends of the political spectrum. Peaceful protests have quickly turned to dangerous gatherings in streets across the country for a variety of reasons. Like many cities, local officials decided to cut a portion of its police department funding, amounting to $20 million. This was done in an attempt to reallocate resources and responsibilities away from the police to other parts of city government so officers could focus on fighting crime, thus increasing public safety throughout Austin. Despite these efforts, 45 homicides were reported by mid-December of 2020 which is a significant jump from the 29 total homicides in Austin that occurred during the previous year. Additionally, aggravated assaults have risen 12 percent in the past year. Based on these numbers, Austin now ranks 43rd in the country in homicide rates among U.S. cities.
Texas Law Enforcement Target Intoxicated Drivers During the Holidays
Attending holiday parties is often the highlight of the year. Whether you are celebrating with coworkers, seeing distant family members, or enjoying yourself at home, alcoholic beverages are bound to be present and potentially consumed in excess. While there is nothing wrong with enjoying the holiday season, some drivers may place others at risk by drinking before getting behind the wheel. Holiday gatherings look a bit different this year; some have opted to cancel their gatherings, others have reduced the number of people invited to the party, while many have decided against joining the annual party altogether. Because large gatherings have been strongly cautioned or completely off-limits for almost a year now, the opportunity to have some fun may lead to overindulgence and poor decisions. The Texas Department of Safety (DPS) recognizes the annual holiday threat of speeding and intoxicated drivers, especially during these unprecedented times, and is honing its focus on keeping roads safe.
State Legislator Files Bill to Abolish the Death Penalty in Texas
Anyone found guilty of committing a crime may see their life flash before their eyes. Whether you have to pay exorbitant fees, are concerned about how your criminal record will impact your future, or have been sentenced to time in prison, it can quickly feel as if your future is spiraling out of your control. This is especially true for those who have the possibility of facing the death penalty, which is still a sentencing option in Texas. However, one legislator is fighting to abolish it. Depending on the decision made by the government, those found guilty of crimes in 2021 may not face this sentencing possibility.
Senate Bill 188
This past September, a 25-year-old man named Victor Godinez had a virtual hearing regarding the criminal charges that he is facing. From Hidalgo County Detention Center, Godinez learned that if he is convicted of killing Texas Department of Public Safety Trooper Moises Sanchez, prosecutors will seek the death penalty for his actions. Godinez is just one of many who are facing this same reality.
2 Types of Misconduct that Brings a Child to Texas Juvenile Court
Similar to parental rules or regulations set by schools, minors have more legal restrictions than those over the age of 18. This is meant to protect the children and keep them on the right track while moving toward adulthood. According to Texas law, there are two types of misconduct that can place a child under the jurisdiction of the juvenile court. Conduct Indicating a Need for Supervision (CINS) cases and delinquent conduct can both leave a stain on the minor’s record. It is important to know the difference between the two and understand what conduct falls within each category to keep your child out of the criminal justice system.
Minor Criminal Offenses
CINS cases include minor criminal offenses, aside from traffic violations, and these offenses will be tried by the juvenile court. There are six types of CINS offenses listed by the Texas legislature, including any fineable offense, running away, inhalant abuse, school expulsion, prostitution, and sexting. As you can see, not all of these offenses would apply to those over the age of 18. Because these offenses are considered relatively minor, the child will face varying levels of probation, but they cannot be sentenced to jail or prison.
Recent Bills Show Movement Toward Marijuana Legalization in Texas
The legalization of marijuana has historically been viewed as a more liberal approach to drug laws, but more and more states across the country are legalizing the substance in one form or another. After recognizing the medical benefits that cannabis has to offer, as well as the lack of sufficient harm that the drug has on users’ health, many lawmakers have accepted that marijuana may not be as bad as history has painted it. Texas has continued to stand its ground on legalizing recreational marijuana use but has offered some leniency regarding medical marijuana—Democratic State Rep. Joe Moody aims to change that.
Two Bills to Change Texas
Over the past few Texas legislature sessions, Moody has been pushing for the change in regard to drug laws throughout the state. He authored House Bill 63, which aimed to decriminalize possession charges of small amounts of marijuana. Though the bill passed with a supermajority in the Texas House of Representatives, the bill was never taken up by the Senate, not even making it to the floor for discussion. This response did not discourage Moody but led him to file another bill this session that will legalize marijuana if it is passed. House Bill 447 would make recreational marijuana legal for those 21 years and older. The bill would continue to outlaw driving under the influence (DUI) of marijuana and would create a taxable market to improve the community. The cannabis products would be taxed by the state at 10 percent, and the revenue would go toward cities, counties, and the Teacher Retirement System.
How Can Bail Bonds Lead to Additional Criminal Charges in Texas?
If you have watched crime shows on TV or read about famous criminal cases in the newspaper, you have likely seen the term “bail” with an astronomical dollar amount tied to it. A bail is a form of security given by the accused party that he or she will appear before the court for the alleged crime. Along with bail comes a bail bond or personal bail, each of which requires the accused party to put down a certain amount of money to hold him or her accountable for showing up to a scheduled court date. After showing up to the allotted court date, the defendant will be given his or her bail money back with a small court fee taken out. However, if the accused fails to show up to the listed date, he or she could risk losing that bail amount and face additional charges in Texas.
Bail Bond Violations
What Are the Most Common Violent Crimes Committed in Texas?
While all crimes are considered serious in the state of Texas, those that involve inflicting violence against another person are held to an even higher standard. Texas classifies crimes into two categories—property crimes and violent crimes—with property crimes being significantly more common. The Texas Department of Public Safety (TxDPS) releases a yearly crime report, and urban areas throughout the state saw a rise in violent crime rates in 2019, including Austin, Dallas, Houston, and San Antonio. Following is a look at the most common violent crimes committed by Texans this past year.
Aggravated Assault
Assault is committed when a person knowingly, intentionally, or recklessly causes or threatens to cause physical injury to another person. The charge escalates to aggravated assault when the perpetrator exhibits or uses a deadly weapon during the assault. In 2019 alone, nearly 75,600 aggravated assault offenses were committed in Texas. This offense is charged as a second-degree felony but may increase to a first-degree felony depending on the details of the crime. In Texas, a second-degree felony holds a punishment of 2-20 years in prison.
Can an Order of Protection Be Filed Against Me Without Proof of Abuse?
An order of protection, more commonly known as a restraining order, is used to protect victims of abuse, abusive threats, stalking, or assault. These legally binding documents require someone to keep his or her distance from the filing party and anyone else listed on the order. This often includes mothers and their children, keeping fathers from speaking or interacting with their kids. In cases where threats or abuse are present, the court-mandated order is warranted to keep everyone safe. However, what about instances when the filing party is simply trying to restrict the kids from seeing their other parent? Unfortunately, these instances do occur, especially after a contentious divorce. In cases like these, BRCK Criminal Defense Attorneys is here to help.
What Must Be Shown to Obtain an Order?
I Just Got My Driver’s License and a Speeding Ticket—What Do I Do?
Finally gaining the ability to drive is an exciting time in every teen’s life. You have spent the last year or so behind the wheel with your parent in the passenger seat, telling you where to turn, reminding you to slow down, and panicking anytime you have to stop abruptly. Gaining experience behind the wheel with your parents by your side is a right of passage that every teen goes through. When you are finally handed the keys to drive on your own, the freedom is exciting, but can also lead to traffic violations if you are not careful. Coming home with a traffic ticket in hand is most teens’ nightmare. You should know what to do if you ever find yourself being pulled over by an officer to avoid exacerbating the situation.
Talk to Your Parents
It is never a good idea to try to hide the traffic ticket from your parents. Some teens may attempt to do this and wind up making the consequences of the speeding ticket much worse than it would have been if they were honest upfront. It is critical that you discuss the situation with your parents so that they can provide you with guidance on how to move forward. Most may assume that getting a ticket means you are guilty of the listed offense; however, you can challenge the ticket with the help of your parents and an attorney.
Can I Get My DWI Arrest Expunged in Texas?
Getting arrested for driving while intoxicated (DWI) can greatly impact your future, even if you are never charged or found guilty. Because criminal records are accessible to the public, an employer can see these arrests and will often write you off before ever meeting you. This is the purpose of background checks, but you may be wondering why an old arrest that did not amount to a guilty charge can continue to get in the way of your future. This is especially common for those who were arrested for DWI at a young age. Luckily, the Texas law has a solution for those individuals looking to restart their record.
What Is Expunction?
The term “expunction” refers to the removal of information from a criminal record, allowing the individual to deny that the incident ever occurred in the past. Depending on the severity of the incident, Texas law allows individuals to request that information regarding an arrest, charge, or conviction be removed from their permanent record. However, many conviction requests are denied, especially with more severe charges. The following records are eligible for expunction:
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1433 3rd St, Floresville, TX 78114
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