Posted on June 17,2021 in Criminal Defense

In the United States, the Second Amendment to the Constitution states that each citizen has the right to bear arms or to own guns. However, individual states are permitted to interpret that in nearly whatever way they see fit by creating and enforcing laws that govern the sale, distribution, use, and possession of firearms in the state. In Texas, you must have a permit to carry a handgun, either concealed or unconcealed. If you violate Texas firearm laws, you can expect to be charged with a crime depending on the circumstances surrounding your case.

Unlawful Carrying Weapons Charges

Under Texas law, a person who wishes to carry a firearm is required to have a valid permit to be in legal possession of the gun. In some cases, it is not legal for a person to be carrying a handgun. You can be charged with unlawful carrying of a weapon if you intentionally, knowingly, or recklessly carry a handgun and you are not on your own property, inside of your vehicle, or directly en route to your vehicle.

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 Posted on June 10,2021 in Criminal Defense

In everyday conversation, the words “robbery,” “theft,” and “burglary” are often used to mean the same thing. However, in a legal setting, these words are not necessarily able to be used interchangeably. In most states, there are distinct differences between all three charges, as well as different punishments for committing each. If you have been charged with any of these crimes in Texas, you should understand exactly what that crime is.

Theft

There are various situations that can constitute a theft crime. In general, however, theft occurs when a person “unlawfully appropriates property” with the intent of depriving the owner of the property of the item’s use. Texas law states that property is unlawfully appropriated when:

• It occurs without the owner’s consent.
• The property is stolen and the perpetrator knows that such property is stolen, but still appropriates it.

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 Posted on May 25,2021 in Criminal Defense

Arguably, the worst sentence that a person can receive for being convicted of a crime is execution. Execution, also called capital punishment, is a hotly debated topic. Many people believe that we should not have the authority to decide whether a person lives or dies. Others believe that execution is the only appropriate punishment for crimes such as murdering another human. Texas is notorious for its attitudes and actions surrounding the execution of prisoners. Recently, the state made headlines when it executed its first prisoner in nearly a year, only the third execution since the COVID-19 pandemic began.

Man Is Executed by Lethal Injection

The state of Texas added another inmate Wednesday to its extensive list of executions performed since 1976. The 41-year-old man was executed by lethal injection at the Texas State Penitentiary at Huntsville after spending more than two decades in prison. He was convicted of murdering his 83-year-old aunt in her home in 1999 after he demanded that she lend him money and she refused. The man was also convicted of stealing property from his aunt’s home at the same time as the murder. He was 20 years old at the time of the offense.

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 Posted on May 19,2021 in Criminal Defense

In most cases, the lives of those who are convicted of murder are essentially over. A lifetime in prison with or without the possibility of parole is a common sentence for those who have been convicted of murder. In Texas, the death penalty is still a possiblity for those convicted of the most serious crimes, such as murder. In fact, the state of Texas holds the record for the most people executed since 1976. According to the Death Penalty Information Center, Texas has executed a total of 570 prisoners since 1976, as of March 2021. Even though a death sentence is a possible penalty for murder, there are several types of murder that you could be charged with in Texas; the specific crime you are charged with will determine what type of sentence you face.

Murder

According to Texas law, a person commits murder if they:

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 Posted on May 10,2021 in Criminal Defense

If you drive a vehicle, chances are you have driven over the speed limit at some point in time. Speed limits have long been the nemesis of speed demons throughout the country. Unlike Germany, which has the Autobahn, the world’s most famous speed-limitless highway, nearly every single road in the United States has a set speed limit designed to protect drivers from the dangers that speeding can bring. According to information from the Texas Crash Records Information System, there were more than 40,600 traffic accidents involving a speeding driver since January 2020. Of those accidents, more than a third (33 percent) involved at least one injury. Because speed has such an effect on the severity of a crash, speed limits are taken seriously in Texas.

Texas Speeding Laws

Many states have what is known as an “absolute speeding” law. This means that a person can be ticketed for speeding if they are driving at all above the posted speed limit. In Texas, there is no absolute speeding law, but rather a “presumed” or prima facie speeding law. This means that even though there are posted speed limits, there may be situations in which speeding over that limit could be considered legal. For example, driving 75 mph on a highway that has a posted speed limit of 70 mph on a day with clear weather conditions may be considered legal. The presumed speed limit law gives drivers more leeway than an absolute speeding law, however, it leaves much of the discretion up to the officer who pulls you over. In short, no - you cannot be arrested for speeding.

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 Posted on April 22,2021 in Criminal Defense

Abuse is unfortunately common in many families across the U.S. Whether it be physical, emotional, or financial, victims of abuse can often continue to suffer under the hands of their abuser for years, some without even recognizing that what they are enduring is considered abuse. Making the decision to leave an abusive relationship is a courageous one to make, and sadly many victims of abuse believe that they have no way of escaping their relationship due to the possibility of their abuser lashing out. The state offers orders of protection for those who have endured abuse. But what about when false accusations of abuse are made? How can someone being accused of domestic violence defend themselves?

What Does a Protective Order Do?

A protective order, commonly known as a restraining order, is a court order that requires the listed party to stay away from the petitioning party and any family members included in the order. Victims of domestic violence, stalking, or sexual abuse are able to request a temporary or permanent protective order to make themselves feel safe. A court can include the following requirements in a protective order:

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 Posted on April 16,2021 in Criminal Defense

When one commits a crime that is premeditated, they often have an escape route planned to avoid being caught for their actions. This is especially true when the crime is at the felony level. The moments after the crime has been committed are critical to the criminal charges that are bound to follow. Did they freely give themselves up to law enforcement? Did they attempt to run from the officers? Or did they disappear completely? For those who try to blend into the woodwork to avoid facing penalties for their actions, a single mistake, such as driving over the speed limit, can be enough for a Texas law enforcement officer to pull the person over and notice that something is off.

Lubbock Bar Fight Gone Wrong

It is no secret that alcohol tends to heighten people’s emotions and reactions to what is going on around them. Recently, an argument at a sports bar in Lubbock, Texas escalated from the heated exchange of words to a shooting outside of the bar’s doors. Several men were sitting inside the bar were asked to leave after an argument between the men was beginning to get out of hand. Things only escalated as the men left the bar, so much so that one 28-year-old man in the group was shot and killed in the bar parking lot. The incident is under investigation to find the man responsible for the man's death, though some believe that the shooter has already been caught.

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 Posted on April 09,2021 in Criminal Defense

When one is convicted of a crime, the illegal activity that they have been deemed guilty of committing falls within a set of categories based on severity, also known as a classification. Not all crimes are one and the same, for instance, stealing a few items off a store shelf and killing another individual are held on completely different playing fields. For obvious reasons, petty theft and murder are granted much different penalties which are determined by the classification of the crime. So how do you know which classification your crime falls under and what are the penalties?

Classification of Misdemeanors

There are three classifications of misdemeanors, which include common offenses such as a traffic violation and span all the way to assault. The following are the three misdemeanor classifications, with Class A as the most serious and Class C as the least.

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 Posted on March 30,2021 in Juvenile Law

A parent’s worst nightmare is seeing their child hurt in any way, even if they have done wrong. For minors who are convicted of a crime, the consequences that follow the trial can be devastating for both the child and their parent. The child will be held accountable for their actions through the juvenile justice system, either through fines, probation, or even time behind bars, and the parent is left uncertain of how to proceed. Unless you or your child have been previously convicted by the juvenile court, you likely have little knowledge of what the proceedings entail and what rights you have as a parent. If it is your first experience with the Texas juvenile justice system, there are some things that you should know, including how your actions can lead to your own set of criminal charges.

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 Posted on March 19,2021 in Criminal Defense

When it comes to the criminal justice system, once you are in it, you quickly begin to feel trapped. Once a criminal charge is added to your record, a certain stigma begins to follow you around. Criminal charges are public records, meaning anyone and everyone can look up your background. For many academic institutions and professional businesses, conducting a background check is simply part of the protocol and any evidence of criminal activity can immediately eliminate you from the pool of applicants. While this may seem fair for those with a past riddled with violent crimes, what about first-time offenders or those with substance abuse issues?

What Is Pretrial Diversion?

Pretrial diversion programs are voluntary alternatives to traditional criminal justice processing, such as large fines and spending time behind bars. As the criminal justice system has evolved, professionals have noticed that offenders have a tendency to re-offend once they are looped into the criminal justice system. This is known as recidivism. The stigma that comes along with a criminal background can keep offenders from securing a stable job and income, often leading them back to what they know best: a life of crime.

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