Posted on November 07,2022 in DWI

The Texas Family Law Code categorizes family violence as an act committed by a family or household member that inflicts harm, assault, physical injury, or causes the person to fear impending harm. Criminal charges for domestic violence-related offenses can lead to jail time, steep fines, and permanent damage to your personal and professional reputation. 

If you were charged with committing acts of family violence, it is imperative to consider reaching out to a knowledgeable family violence attorney with experience in such cases. 

Family Violence in Texas

Regardless of whether you are facing misdemeanor or felony charges, accusations of family violence must be taken very seriously. Not only can a family violence conviction bring prison time and enormous fines, but it can also have a lasting impact on your ability to be employed, as well as negative consequences in child custody or divorce hearings. 

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 Posted on October 20,2022 in Criminal Defense

Halloween can be a fun time for children, teenagers, and adults alike. Unfortunately, sometimes. the "trick" portion of trick or treating gets out of hand. If you or your child is facing criminal charges stemming from Halloween mischief, it is important to understand the possible consequences and defenses that may be available.

Most Halloween-related crimes are relatively minor, such as vandalism or trespassing.  However, more serious offenses, such as burglary or assault, can also occur. In some cases, people are charged with crimes that they did not commit. An experienced criminal defense attorney can help you navigate the criminal justice system and fight for the best possible outcome in your case. 

Juvenile Offenses During Halloween

Children, teenagers, and young adults may be shocked to end up in handcuffs after a seemingly harmless prank. For example, "egging" a house by throwing eggs at it can lead to broken windows and other property damage. This may be considered vandalism. 

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 Posted on October 13,2022 in Criminal Defense

Murder is considered one of the most serious crimes in Texas, and it is punishable by up to life in prison. If you have been charged with murder, it is important to understand the severity of the charge and the possible defenses that may be available to you.

Criminal defendants are considered innocent until proven guilty. Unfortunately, however, individuals accused of murder are often treated as if they committed the crime. If you have been accused of murder, manslaughter, or criminally negligent homicide, you need a lawyer who will fight for you.

Know What You Are Up Against

There are four main categories of criminal homicide in Texas. Murder refers to intentionally causing the death of another person. In Texas, capital murder is a first-degree felony. Killing someone during the commission of another crime such as kidnapping or sexual assault, killing a peace officer, or killing a child under ten years of age are examples of capital murder. Murder is a second-degree offense. If a murder took place in the "heat of passion" and was not planned in advance, murder is considered a second-degree felony.

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 Posted on October 06,2022 in Criminal Defense

The sex offender registry is a website that lists people convicted of certain sex crimes. The registry is accessible to the public, which means that neighbors, friends, employers, co-workers, and virtually anyone else can look up sex offenders.

If you are convicted of a sex crime, you will likely be required to register as a sex offender. This means that your personal information, including your name and address, will be available to the public. In some cases, you may also be required to provide a photograph and other identifying information.

Understandably, individuals accused of sexual assault, prostitution, statutory rape, indecent exposure, and other sex crimes are often deeply concerned about being on the sex offender registry. Once someone is on the registry, it can be nearly impossible for them to live a normal life. 

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 Posted on September 23,2022 in Criminal Defense

Fortunately, in the United States, people accused of crimes are considered to be innocent until they are proven guilty. In a criminal case, the prosecution must prove that the defendant committed the elements of the offense "beyond a reasonable doubt." This is the highest standard of proof in our legal system. The role of a criminal defense lawyer is to find inconsistencies and problems with the prosecution's case and to cast doubt on the defendant's guilt. 

Embezzlement is a theft charge punishable by lengthy prison sentences, especially if the defendant is facing felony charges. If you have been accused of felony embezzlement or another white collar offense in Texas, it is important to understand the elements of the offense and how they can be proven or disproven.

Embezzlement Defined in the Texas Penal Code 

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 Posted on September 13,2022 in DWI

With September nearly halfway over and school in full swing, minors must stay keenly aware of the seriousness of a DUI or DWI charge in Texas. If you operate a motor vehicle and are charged with a DUI or DWI, you must first understand the penalties for such an act. Additionally, Texas enforces a stringent zero-tolerance policy toward underage drinking and driving. If you are a minor charged with an alcohol-related crime, you may want to work with an experienced attorney who can advise you of your rights and help you defend yourself. 

Zero Tolerance for Driving Under the Influence 

It's critical to keep in mind that Texas has a strict zero-tolerance policy for underage drinking. This zero-tolerance policy means that most alcohol citations in Texas can affect your driving privileges, even if you are not driving a car. Acts that warrant an alcohol citation include trying to buy alcohol as a minor, lying about your age to try and buy alcohol, using a fake ID, consuming or possessing alcohol, and public intoxication. If you are charged with an alcohol-related criminal offense, your driver’s license may be suspended which makes it illegal for you to drive any vehicle.

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 Posted on September 08,2022 in Criminal Defense

The vast majority of adults and teenagers use the internet on an everyday basis. While many people assume that what they send through social media or email is separate from "real life," online interactions can have significant consequences, personally and legally. Juveniles that engage in online harassment can even find themselves facing criminal charges for cyberbullying. If you or your child were charged with online harassment, cyberbullying, or a related offense, make sure to contact a criminal defense lawyer right away for help.

What is Cyberbullying?

When it comes to cyberbullying and online harassment, the law is still catching up with technology. In Texas, there are a few laws that specifically address cyberbullying and online harassment, but prosecutors have also been able to use other laws to convict defendants of these crimes.

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 Posted on August 29,2022 in Criminal Defense

Texas’ laws are particularly harsh when it comes to possession and use of illegal drugs such as marijuana. Although many states have revised laws in relation to marijuana, Texas has not. This immobility is unsurprising in consideration of Texas’ history as El Paso was the first U.S. city to make marijuana illegal. Texas remains rigid in its classification of marijuana as a controlled substance because of its mind-altering effects. As marijuana is defined by Texas law as a controlled substance – no matter how small the quantity if it is in your possession it is a crime.

However, Texas’ staunch approach to cannabis is incongruent with the viewpoints of modern Texans. A recent poll recorded that 60% of Texans supported the decriminalization of recreational cannabis use. Small steps were made towards this goal, as 2019 saw a law that allowed low THC oil use for a variety of medical conditions. This incremental change leaves room for improvement, as over half of Texas voters hope for more lenient laws.

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 Posted on August 23,2022 in Criminal Defense

Have you been charged with a traffic violation? While a traffic violation is nothing to scoff at, it is one of the most common types of offense people make. This offense is especially prevalent in Texas as there are a number of possible violations you could be cited for. The most common violation is texting and driving, and in some municipalities, it is even illegal to answer a phone call or look up directions while driving. Texas is such a large state and it is crucial to be aware of your specific town’s laws surrounding safe driving.

Some overarching laws to become familiar with are the most frequent, such as motorcycle lane splitting, speeding, DWI, not wearing seatbelts, neglect of appropriate child car seats, texting while driving, and using a mobile device. Driving citations can also be issued without the driver getting pulled over, as it is common practice for tickets, especially those for speeding, to appear in the mail.

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 Posted on August 12,2022 in Criminal Defense

Originally published: August 7, 2020 -- Updated: August 12, 2022

Update: As discussed below, there are certain situations where the use of deadly force may be justified if a person is defending their property, including their home or their vehicle. In fact, the laws in Texas allow deadly force to be used to prevent the commission of multiple types of crimes, including burglary, arson, robbery, or aggravated robbery. However, this law also applies in cases where a person is allegedly attempting to commit theft or criminal mischief during the nighttime, and a person may use deadly force to prevent someone from fleeing after committing any of the offenses listed above. Generally, deadly force is considered to be justified if a person believes that they have no other options for protecting or recovering their property or if the use of non-deadly force would put them or someone else at risk of being seriously injured or killed.

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