1433 3rd St, Floresville, TX 78114
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A Criminal Defense Firm Serving Wilson, Atascosa, Frio, Karnes, & LaSalle Counties.
Recent Blog Posts
Felony and Misdemeanor Differences
What is the difference between a misdemeanor and a felony?
So in Texas we have two broad categories of crime. We have felonies and we have misdemeanors. Generally speaking felonies are considered more serious than misdemeanors. Felonies come in a few different levels from state jail felony all the way up to capital, whereas misdemeanors go from a Class A to a Class C.
Which charge is worse? A misdemeanor or a felony?
Again broadly speaking, felonies are considered more serious than misdemeanors.
What are the different classes of misdemeanors and felonies?
So misdemeanors come in three different varieties: Class A, Class B, and a Class C. It's worth noting that Class C is usually a traffic violation. So something like speeding or running a stop sign that is punishable by fine only. A Class-A misdemeanor is punishable by a maximum up to a year in the county jail. Compare this with felonies. Felonies go from a state jail felony all the way up to a capital felony. Felonies can obviously land you in prison for the rest of your life if convicted.
What Happens If Miss My Court?
So unfortunately missing court is one of the worst things you can do in your case. It's not like missing a dentist's appointment that you can simply reschedule. If the judge calls your name in the morning and you're not there -- two things are going to happen. The first thing is that you're going to get a warrant for failing to appear in the original case. The second thing that's going to happen is you're going to become subject to an additional charge under the Texas Penal Code for bail forfeiture and failure to appear. So unfortunately, if you missed court you have now compounded your problems.
What are the punishments for missing my court date?
You'll pick up a warrant in your original case- if that case was a misdemeanor, you'll pick up an additional misdemeanor charge and if the case that you missed is a felony, you'll pick up an additional felony charge.
New Texas Law Alters the Legality of Sending Unwanted Nude Photos
With the resurgence of dating apps and communication through texting and social media platforms, the sending of explicit photos has skyrocketed. Online dating websites that originally relied on computer access and instant messaging have now become even more accessible with smartphones, apps, and a constant Internet connection. A phenomenon known as “sexting” involves the sending of sexually explicit photographs through electronic means. This is a common occurrence with teens and young adults, but it can become a criminal act if the parties are under the age of 18. Sexting can involve both parties’ consent, but can often be unsolicited through dating apps’ messaging platforms. Texas legislators have addressed this issue, taking legal action against the senders of this lewd content.
Texas Diversion Programs Can Help Offenders With Mental Health Issues
In the past, anyone found guilty of a criminal offense was immediately sent to prison to pay for their crimes. Little regard was given to the role that addiction and mental health issues played in the committing of these offenses. As times have changed and more research has been done regarding mental health, it has been found that those who struggle with mental health issues may have external, or internal, influences that keep them from making good decisions. Luckily, the integral role of mental health has been recognized by the Texas Department of Criminal Justice and various programs have been created to keep those with mental health struggles from spending time behind bars.
What Is a Diversion Program?
There are three goals that stem from diversion programs: Presenting sentencing alternatives at the time of conviction, presenting sanctioning alternatives to revocation, and reducing the likelihood of recidivism, or returning to prison. Diversion programs vary depending on the offense and the unique circumstances of the offender, but options are available whether the offense is a minor misdemeanor or a serious felony. For example, those with a minor drug charge and no other criminal offenses may be required to complete a drug education program or participate in rehabilitation for a certain period of time. This becomes their “sentence” rather than spending time in prison or paying exorbitant fees. The purpose of diversion programs is to focus on education and rehabilitation rather than locking certain offenders away. This is meant to prepare individuals for life moving forward and keep them from committing crimes in the future.
Despite Texas Stay-at-Home Order, Deadly Car Accidents Are On the Rise
In late March, Texas Governor Abbott urged Texans to remain at home unless deemed an essential worker or participating in an essential activity. This resulted in the temporary closing of many small businesses, restaurant services switching to takeout-only, and much of the Texas workforce working remotely from home. Because of this, Texas roadways had fewer drivers and a reduced number of vehicles on city streets. A recent report showed shocking statistics for a number of states, including Texas. Despite reduced traffic, Texas saw a 6 percent increase in roadway deaths within the first three months of the year. Texas is not alone and the National Safety Council (NSC) has a few explanations for the surprising numbers. In order to address this increase in reckless driving, law enforcement may be recording speeding and other traffic violations more often than normal.
Has Hemp Legalization Led to Fewer Marijuana Drug Charges in Texas?
In the past few years, many states have begun to navigate the divisive waters of marijuana legalization. Some states have accepted the change and have legalized all forms of marijuana use, including recreational, while others have remained strict on the matter. Texas is one of the few states that has stayed headstrong in the fight to keep marijuana out of the hands of citizens. While medical use has been legalized for certain conditions, recreational use is strictly forbidden throughout the state. Drug laws can seem convoluted to the average citizen and even to law enforcement, as some forms of the cannabis plant have been accepted by Texas lawmakers.
What Is Legal?
Since the signing of the Texas Compassionate Use Law in 2015, medical cannabis is legal for a limited number of medical conditions. These include epilepsy, multiple sclerosis, Lou Gehrig’s disease (ALS), and Parkinson’s disease. If you do not have any of these conditions, medical marijuana treatments remain out of the question for your prescriber.
What Are the Consequences of DWI Charges as a Texas Commercial Driver?
In addition to a standard driver’s license, Texas truck drivers must go through significant training to obtain the proper license to drive commercial vehicles. Understanding the dangers that they can pose to other drivers is important for commercial truck drivers, especially since their livelihood depends on their ability to drive safely. One of the stricter regulations that commercial drivers face is the legal limit for blood alcohol tolerance. Operating a vehicle with a 0.08 percent blood alcohol concentration (BAC) is strictly forbidden for all Texas drivers, but commercial drivers have an even lower legal limit at 0.04 percent. Charges of driving while intoxicated (DWI)can threaten a commercial driver’s ability to keep their license and support their family.
Commercial Driving Regulations
What Are the Most Common Crimes Committed in Texas?
Each year, the Texas Department of Public Safety (TxDPS) provides an analysis of crime throughout the state. This includes statistics about crime rates, crime trends, crime volume, and more. The statistics can sometimes be difficult to comprehend as a whole, with numbers looming into the thousands. However, having a general knowledge of what crime looks like in the state of Texas can be a good way to protect yourself and stay informed about public safety. Since these statistics take time to compile and calculate, the most recent report is from 2018. According to the TxDPS, there were nearly 800,000 total offenses in 2018. Although this number may seem high, it is actually a 5.4 percent decrease from the previous year. So, what are common crime trends in Texas, and what are their consequences? The answer: More than 678,000 property crimes were committed in Texas in 2018.
Can Violating the Texas Stay-at-Home Order Result in Criminal Charges?
Since March, the United States has seen an unprecedented shutdown of non-essential businesses and public places. Each state has enacted its own version of the “stay-at-home” order, although they are all very similar in intent. Many businesses and public areas have been temporarily closed in order to contain COVID-19 as best as possible. Although health officials have not come up with a permanent solution just yet, Texas, along with other states, has begun to slowly reopen businesses to stimulate the economy. However, this is being done in stages, and there are still existent regulations for citizens and business owners.
A Recent Case
During the past couple of months, Texas has been on a mandatory stay-at-home order, initially mandated by city mayors but later authorized as a state-wide restriction for all citizens to follow—including government personnel themselves. With patience growing thin everywhere, it is not surprising that public figures may grant themselves leniency on the ordinance. Beaumont Mayor Becky Ames went to a nail salon to get her nails done, despite clear orders issued by her and the governor to remain at home for the time being. Mayor Ames was seen at the nail salon, wearing a face mask, and she was reported to authorities for her actions. Since the nail salon disobeyed the order mandating all non-essential businesses to remain closed temporarily, the charges will likely fall on the owners rather than the mayor. This case is currently under review by the Texas Department of Licensing and Regulation. If found guilty, the nail salon could face a fine of up to $1,000, and the mayor may have ruined her chances of getting re-elected.
Can I Fight a Domestic Violence Order of Protection in Texas?
Domestic abuse is prevalent throughout the United States—and Texas is no exception. According to the National Domestic Violence Hotline, one in four women and one in seven men have been victims of severe physical violence by an intimate partner in their lifetimes. With numbers this high, it is no wonder why orders of protection are taken seriously. These legal orders, commonly known as restraining orders, can be requested by a person who believes they or their family members are in danger of harm by a family or household member. Although restraining orders are typically not valid for indefinite amounts of time, they can be extended if the court deems it necessary. Legal protection should be put in place for those who need it, but in some cases, these protective orders may be based on false allegations of abuse. If you find yourself facing an unjust order of protection, you do have legal options, and an experienced criminal defense attorney can help.
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