Posted on November 14,2019 in Criminal Defense

In the midst of tragedies involving gun violence, many states have taken measures to restrict gun rights in an attempt to reduce this ongoing issue. One primary concern that has been addressed by legislators is the right to carry arms in a concealed manner. Some states may have restricted their residents’ weapons rights; however, Texas remains pro-concealed carry. Many gun owners see taking away this legal right as a direct violation of the Second Amendment and a means of disabling people from being able to defend themselves. Regardless of your stance on the matter, it is important to note that Texas residents who wish to carry a concealed weapon have strict laws by which they must abide -- and those who fail to do so can face serious legal consequences, including criminal charges.

Continue Reading ››

 Posted on October 29,2019 in Criminal Defense

Throughout the United States, the laws regarding marijuana have changed significantly in recent years. After President Trump’s December 2018 Farm Bill left hemp sale and production regulation up to state lawmakers, several states have taken steps to address the legality of marijuana and related products, and Texas is no exception. With all of these recent changes, it can be difficult to keep track of what is and is not legal. That is why it is crucial to stay up to date on all legal changes and contact a drug charge defense attorney if you are facing possible criminal charges.

Texas House Bill 1325

This past June, Governor Abbott signed House Bill 1325 into law, legalizing the commercial production of hemp in the state of Texas. However, before this law can go into effect, the Texas Department of Agriculture needs to submit a “state hemp plan” to the USDA. Farmers hoping to get approval to grow hemp will need to submit growing permits with the Texas Department of Agriculture, which expects to begin accepting applications at the start of 2020. While it seems like the government has a solid plan for implementing this new legislation, lines may become blurred regarding what is considered legal in Texas.

Continue Reading ››

 Posted on October 07,2019 in Criminal Defense

One of the major obstacles that former offenders face is a stain on their permanent record. Whether they went to prison or not, a criminal history can add complications to their personal and professional lives. Individuals with a criminal record can lose custody of their children and have a difficult time finding employment. To help ease the transition, Texas law allows some criminals to expunge their records, but there are specific eligibility requirements that must be met in order to do so.

What Is Expunction?

The term “expunction” refers to the removal of information about an arrest, charge, or conviction from a personal record. In other words, if a person’s record is expunged, the information is removed from his or her record, and he or she is legally allowed to deny that the incident ever occurred. However, this option is not available to most offenders and has certain eligibility requirements that must be met.

Continue Reading ››

 Posted on September 18,2019 in Criminal Defense

In many states, assault and battery are treated as separate crimes. Assault and battery have different criminal definitions and thus result in distinctive penalties in the states that prosecute them separately. But what about the states that do not separate the two offenses? If they have different legal definitions, what are the consequences for committing them in the states that do not separate the two? For example, Texas does not distinguish between assault and battery. Therefore, it is important to know the distinction between the crimes in the event you or someone you know faces these allegations.   

What Is the Difference Between Assault and Battery?

An action is considered an “assault” if someone threatens another person with “imminent” bodily injury. In other words, no physical harm has to be done in order for someone to be charged with assault in the states that separate the two. For instance, if an individual threw a punch and missed the intended party, the offender could be charged with assault since imminent danger was assumed by the potentially injured party. Battery charges require physical contact, which can be deemed “offensive” or “injurious.” These two offenses are so closely intertwined that Texas penal code 2201 does not distinguish between the two. Assault and battery are classified as one offense, labeled under the term “assault.” 

Continue Reading ››

 Posted on September 04,2019 in DWI

Everyone has heard of the dangerous consequences that can result from drinking and driving, and sometimes, the warnings about its dangers may start to seem dramatized. However, the potential physical and legal consequences of driving intoxicated should be warning enough. According to the Texas Department of Transportation, someone is hurt or killed in a crash involving alcohol approximately every 20 minutes in Texas. Not only do drunk drivers put themselves at risk, but they also place other drivers and pedestrians in danger. There are different charges that Texans can face when mixing driving and alcohol, and it is important to understand the laws to avoid criminal consequences.

Driving While Intoxicated (DWI)

The most well known and common charge related to alcohol use is driving while intoxicated, or DWI. In Texas, the blood alcohol concentration (BAC) limit is 0.08. In other words, once that level of alcohol consumption is reached, the individual is considered legally intoxicated. While this charge may seem fairly straightforward, there are additional details that some may not know about. Texas law defines this offense as “operating a motor vehicle in a public place.” The term “operating” includes more than just driving. If you are sitting in the driver’s seat while intoxicated, and the car is running, you can still be charged with a DWI. Because you were technically operating the vehicle, the charge remains the same, even if the vehicle was not moving.

Continue Reading ››

 Posted on August 26,2019 in Juvenile Law

It is common knowledge that children make mistakes frequently and often fail to recognize how certain decisions can affect their future. Juvenile delinquency is a significant issue that can become a vicious cycle for those found guilty. Children's mistakes can remain on their records and affect possible job opportunities in the future. According to the most recent data from the Texas Department of Public Safety, there were 3,572 juvenile arrests in 2014. In other words, thousands of children each year are facing possible fines, confinement, and a negative impact on their permanent records.

What Is the First Offender Program?

The First Offender Program is Texas law enforcement’s response to juvenile delinquency. Texas legislators and law enforcement officers recognize that a child’s lack of maturity and mental development can cause them to make a mistake that they do not fully comprehend as “wrong” at the time. The First Offender Program is a minor’s way to start over, even if he or she has committed a crime. Different geographic areas can have their own version of such a program. The program has certain requirements that must be completed, which will allow the child’s first offense to be removed from his or her record. These may include mandatory attendance at group meetings and/or appointments with a caseworker.

Continue Reading ››

 Posted on August 12,2019 in Criminal Defense

 It is no secret that mass shootings have plagued Texas, along with the rest of the country, over the last decade. According to a recent NBC News report, the shooting in El Paso left at least 22 people dead and 26 injured and falls within the top 10 deadliest shootings in modern American history. These shootings involving firearms have prompted two distinct sides: Those who want stricter gun laws and those who believe access to firearms will keep more individuals safe. The state of Texas recently passed new gun laws, which go into effect soon and will potentially impact many gun owners. 

What Are the New Texas Gun Laws?

In the last session, Texas lawmakers passed nine gun-related bills, a few of which will become laws and go into effect on September 1. There are two gun law changes that affect who can carry guns and where they can carry them. One of the laws allows handgun owners to carry their concealed firearms without a permit for up to one week if a disaster has been declared. Some may say that this new law violates the original law, found in section 46.02 of the Texas Penal Code, regarding concealed carry requirements. However, the new law specifies three instances in which section 46.02 does not apply to handgun owners:

Continue Reading ››

 Posted on July 29,2019 in Juvenile Law

Cyberbullying is the modern version of bullying that, unfortunately, many kids experience while growing up. This term cyberbullying includes any threats, humiliation, or harassment through the use of technology. The constant connection with smartphones and tablet or laptop computers makes this form of bullying much more serious and intense than that which existed before modern technology. Rather than just facing such harassment at school, students now have this form of bullying following them everywhere they go. The perpetrator can also remain anonymous, making it somewhat difficult to pinpoint the source of the student’s bullying. 

What Does Cyberbullying Look Like?

Cyberbullying is constantly evolving and changing as updates are made to technology and social media websites. That being said, there are some common tactics that are used to target individuals:

Continue Reading ››

 Posted on July 16,2019 in Criminal Defense

Whether it’s your first day in court or your last day in trial before the verdict is read, there’s just some things you don’t do. Here’s a list of the 10 fashion don’ts that you should remember before you ever set your first foot in a courthouse. The list goes from the most modest to the most outrageous ideas for courtroom apparel. Some of you may think, “No, there’s no way anyone would ever do that.” But these are actual examples, derived from actual people who woke up on the day of their court appearance and thought to themselves, “Hey, you know what might go well with these shoes? A tie that with lights on it under a handcuff necklace. Stay away from these hints for starters. Hope this helps.

1. First Fashion Don’t: No shorts. This is an absolute bar from most courts. You wear shorts, you win a trip into the hallway and a stern lecture from the judge. Just avoid them.

Continue Reading ››

 Posted on July 15,2019 in Criminal Defense

Seeing the red and blue flashing lights behind you is a situation that every driver hopes to avoid. You slow down, pull over to the side of the road, and hope that you do not receive a high-priced ticket. What many people fail to realize is that paying a large fee is not the only legal consequence of a traffic violation, and in many cases, even those who do not receive a ticket may still face penalties or consequences to their driving records.

What Is the “Point System?”

Every Texas traffic violation is put on record and has “points” attached to it. The more serious the violation, the higher the points. Unlike many states, Texas only has two categories of violations that determine the number of points. Any Texas or out-of-state traffic conviction will warrant two points added to the driver’s record and any Texas or out-of-state conviction resulting in a collision will result in three points. These numbers may sound low; however, even having two points on your record can translate to financial consequences such as higher insurance premium rates. 

Continue Reading ››