With the prosecution of new cases at the federal level for white-collar crimes down 25 percent in the last five years, it might seem easier than ever to get away with these nonviolent crimes. However, in the months since the beginning of the public health crisis, especially shortly after the enactment of the Defense Production Act, the Justice Department has been adamant about investigating and prosecuting white-collar criminals who are seeking to make illegal profits off of the pandemic, be it through price-gouging, equipment hoarding, market manipulation, insider trading, or fraudulent sales activities. In that sense, a flurry of activity prosecuting white-collar crimes is likely to reverse the recent downward trend in the number of cases and, since these are usually federal crimes, Texas residents are just as likely to face such charges as any other Americans would be.

What Is White-Collar Crime?

Reportedly first described by social scientist Edwin Sutherland in 1939 as crimes committed by people of high social stature through their professional work activities, “white-collar crime” concerns nonviolent offenses dealing mostly with financial transgressions committed by business and government professionals.

You may have already heard about expunctions in Texas. This is when you and your lawyer are able to go to court to wipe your criminal record clean of charges. This is particularly useful to people who do not have multiple offenses and simply want to get that “one bad mistake” removed from their record so they can move forward with their lives. However, getting that “clean slate” that everyone hopes for is not a given; some people do not qualify for it. In those cases, an Order of Nondisclosure might be the right choice. Here is how a nondisclosure order can help you and how you can qualify for one.  

Benefits of a Nondisclosure Order

While getting an Order of Nondisclosure will not wipe your entire criminal record clear, giving you the clean slate you crave, it can still assist in helping you get your life back on track. These orders essentially require records of a specific crime to be sealed from the public, including all information related to:

Last month, looting took place across the nation after protests turned violent, including in Texas. In consideration of this recent uptick in theft, it is worth thinking about what you should do if accused of theft in Texas. In some cases, the penalties can be severe depending on the circumstances surrounding the incident. Below are some effective strategies you and your lawyer can use to challenge these criminal charges if you or someone you know is facing such charges.

Key Strategies for Winning a Theft Case

While there are many defense strategies that are unique to each theft case, here are some common and effective steps to fight these charges:

If you thought getting charged with a DWI was bad enough, consider the consequences of a DWI with a child passenger. Should you be accused of such a crime, even if it is the first time you have ever been accused of any crime, you could still face significant consequences, including substantial fines, jail time, probation, and other penalties, not to mention child endangerment allegations that could put your child’s custody in jeopardy. If you or someone you know is facing DWI with a minor passenger charge, hiring a skilled criminal defense attorney should be your first step in figuring out an effective defense strategy.

What an Attorney Can Do for You 

Many states across the country do not target child endangerment charges for DWI/DUI with a minor passenger as strictly as Texas. In fact, for years, only three states other than Texas made such a charge an automatic felony. So, if you have to tackle DWI with a child passenger charges, you might not only be charged with the DWI itself but also child endangerment, which could make the charges and punishments much more serious. That is why you need professional legal representation to help you with such charges.

There has always been a social battle about the safety of guns — do you feel safer with a gun in your hands or without one? The state of Texas allows gun ownership with the proper training and permits. Most people who own weapons use them for hunting or protection purposes. In fact, many who face gun charges use self-defense as their legal defense tactic. Since it is common for this tactic to be used, Texas law illustrates what is considered self-defense to protect those who were defending themselves while also obtaining justice for gun violence victims when the situation warrants. 

Actions of Self-Defense

Known as “protection of persons” in Texas legislature, anyone who reasonably believes that immediate force is necessary to protect themselves is warranted to use this force against their attacker. The following three elements must be present in order for the situation to be considered a valid concern of threatened danger, thus warranting self-defense:

The U.S. Constitution states: “The accused shall enjoy the right to a speedy trial.” However, after months of the pandemic postponing jury trials, even now the courts have slowed down due to precautions being taken for public safety. In a sense, that right to a speedy trial has been put into jeopardy. About a month ago, the justice system in Collin County was among the first in the nation to offer a jury trial by videoconference. While the trial did reach its conclusion, it was not without complications, which made it all the more beneficial that the case itself was a civil, non-binding summary jury proceeding. In other words, as a test case with this new technology, its failure would not be of great detriment to anyone’s life or livelihood as with many criminal proceedings, such as those for homicide, DWI, or even drug possession. However, merely being open to this shows that Collin County might be willing to adopt something similar in the future for more types of cases. The following are the pros and cons of this new trend in technology.

3 Drawbacks of Virtual Jury Trials

Many lawyers, especially criminal defense attorneys, and other legal experts will be quick to point out the shortcomings of holding a jury trial virtually. These problems may include:

Since there are numerous crimes with which you could potentially be charged, including DWI, drug possession, theft, and assault, there is a wide variety of defense strategies to be employed depending on the offense. Finding an experienced attorney to stand by your side is crucial to your case, but this can be a daunting task. If you are searching for a qualified defense attorney but are unsure what to look for, there are a number of qualities that show that the attorney at hand has the necessary skills to understand your case and provide you with insightful legal advice.

What to Look for in an Attorney

When meeting with attorneys for the first time, look for the following characteristics to see if they are the right fit:

1. Attention to Detail—Your lawyer needs to be well-versed and knowledgeable about the law and the latest developments in your local justice system in order to be prepared to take on your case. He or she needs to review and understand all the details about your case in particular. This requires an exhaustive study of the discovery items, evidence, and any other documentation provided by the prosecution. Your criminal defense lawyer should be studying the jury as well. Your lawyer needs to know the jurors' backgrounds and how that may impact the verdict. An accomplished attorney will also study the jurors' body language in addition to the ways a witness reacts during testimony. All of these “minor” details can be collected and used as a tool to win your case.

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Whether you are being arrested for DWI, theft, assault, drug possession, gun charges, homicide, or any other number of criminal offenses, you should always pay close attention to what is happening while you are being arrested. Depending on what the arresting officer does or does not do, your rights may be violated. A skilled criminal defense attorney might gain additional information that can help bolster your defense. In some situations, your charges may be reduced or dropped altogether if the police did not follow proper procedures or engaged in misconduct. 

Proper Arrest Procedures

In many criminal cases, the actions of the arresting officer or other officers involved in your detainment can determine the outcome of the case. This is because there are certain procedures that the police are required to follow by law during an arrest of a suspect in order to ensure justice for all, yourself included. This means you cannot be mistreated or otherwise have your rights withheld or violated. Here are some of the things to be on the lookout for during your arrest in Texas:

The public health crisis that we have witnessed over the last few months caused by COVID-19 has resulted in numerous stay-at-home and shelter-in-place orders being declared throughout the nation, including in Texas. While many of these orders have been lifted or are on the way to being lifted, there is still one simple fact resulting from these challenging times: more and more people have been stranded at home than in the past. There are many consequences of this new normal, but one particularly prevalent result that cannot be overlooked is the likelihood of more domestic violence reports. If you find yourself facing such charges, a skilled criminal defense attorney can help you avoid a conviction. 

The Accuser Is Not Always Right

It is common for people to side with the person reporting domestic violence. That person is typically viewed as the victim, no matter what the evidence or lack thereof might suggest. However, the very factors that can contribute to surges in domestic violence reports during uncertain times like these may also be reasons that these claims could be found to be false or otherwise disproven in court. Here are a few examples of how that can occur:

While some might argue that theft is not a major concern in Texas, the truth is that lawmakers and, consequently, law enforcement over the last year have been focusing more of their efforts on this crime. At the least, depending on where you live in Texas, the local governments have been redefining and reforming how theft is treated overall. The point is, if you are accused of theft in Texas, you should be prepared for an unexpected outcome. The legal system in Texas may not just give you a "slap on the wrist" for an offense like this, so it is important to have a skilled criminal defense attorney representing your best interests.

The Latest Developments in Theft Law Across Texas

For the most part, theft is a serious crime in Texas. Lawmakers and law enforcement officials alike have not neglected to focus on it. In fact, during the past year, a wide variety of policy and law changes have been enacted that could affect many Texans. A few of the most recent developments in theft law throughout Texas include:

While it is true that states across the nation have legalized marijuana, both medicinally and recreationally, you should know that Texas still remains one of the strictest states when it comes to drug possession enforcement. While you might think that having a small amount of marijuana in your possession is not that big of a deal, in the state of Texas, it is considered a serious criminal offense. Drug possession, in general, includes penalty groups that determine punishments depending on the controlled substance and the amount. It is important to understand the different penalties if you ever face any drug-related charges. 

Drug Possession Penalty Groups

There are four main drug penalty groups in Texas, with a few subsets. These penalty groups are determined based on the type of drugs involved. The groups are:

Arguments between strangers or even family members can often lead to heated disputes that may result in physical confrontations. Statistics show that assault is one of the most common types of violent crimes committed in the United States. Many people think an assault is a physical attack on someone, but it can also just be the threat of inflicting violence. It is important to know and understand the laws concerning assault in Texas, because you never know when incidents might escalate. If you or someone you know is facing assault charges, a skilled criminal defense attorney can ensure your rights are protected in a court of law. 

Assault in Texas: An Umbrella Term

Many states have defined “assault” as merely threatening or attempting to commit harmful acts upon another person. The actual act of harming someone is defined as a “battery” charge. In Texas, the two crimes are combined into one single offense. All of the following actions are classified as assault (in this case, “simple assault”):

If you were pulled over for driving while intoxicated (DWI), and you know you are guilty of that crime, that does not make it an open-and-shut case. You still have the right to legal representation, and your attorney can fight for you in such a way that you may be not found guilty, the case may be dismissed, or the charges may be reduced. In fact, criminal defense attorneys are able to discover things that you—and possibly the prosecution—are unable to see about your case. As they collect, research, and study these details, they are able to undermine the prosecution’s case against you. Here are all the reasons why you should seek an attorney even if you were driving drunk:

The Benefits of Hiring a Lawyer

Ultimately, the most important reason you need an attorney if you are facing DWI charges is that, even if you know you are guilty of the crime, all sorts of things could have happened during the legal process. This can include the procedures followed when police officers first arrested you and collected evidence or the ways the prosecutor makes an argument against you. For example, your criminal defense attorney can assist with the following issues:

DWI (driving while intoxicated) is a serious charge in Texas, but DWI with a child passenger can be even more serious, carrying with it particularly severe consequences, both in terms of criminal law and civil law. From jail time and fines to loss of child custody, the effects of these allegations can completely change your life. To better prepare you if you are facing these charges, the following information outlines the legal definition of DWI with a child passenger, as well as the penalties associated with this criminal offense.

What Is DWI With a Child?

If it is determined that you were driving while intoxicated (a BAC of .08 percent or higher), and you had a child under the age of 15 in your car at the time, then you could be charged with DWI with a child passenger in Texas. You can still face this charge even if the child did not get injured or harmed in any way.

In some states, DWI (driving while intoxicated) and DUI (driving under the influence) are considered synonymous. However, in Texas, DWI and DUI are actually two distinctly separate charges. That is because DUI involves underaged drinking, whereas DWI can apply to anyone who is of legal drinking age. The two charges are legislated, enforced, litigated, and penalized differently. Below is a closer look at these offenses and their corresponding consequences.

DUI: Definition and Enforcement

DUI is a charge brought against anyone under the age of 21 who is found to be operating a motor vehicle or boat while under the influence of drugs or alcohol. Unlike DWI, blood alcohol content (BAC) levels are unnecessary in proving that someone has consumed alcohol for these charges. A police officer can claim that a young person is “under the influence” by merely smelling alcohol on his/her breath. In addition, the driver does not need to be drunk or otherwise impaired to be charged with a DUI.

Even though you may not have had an ounce of alcohol all day, it is still possible to be pulled over by a police officer who accuses you of driving while intoxicated (DWI). You may believe you are safe from any criminal charges; however, if you recently consumed something else that might have impaired your driving, you may face legal consequences. This is because in Texas, to meet the requirements for a DWI charge, a driver does not necessarily have to exceed the legal limit of .08 percent blood alcohol concentration (BAC). If you are operating a vehicle and do not have full use of your physical and mental abilities due to the effects of a controlled substance, then you may still be charged with a DWI, such as a prescription drug DWI.

Other Causes of Impairment

Alcohol is not the only substance that can cause intoxication and impair your ability to drive. For instance, any of the following could contribute to a weakened capacity for driving in Texas:

With several Texas cities closing bars and restaurants, more than 500 cases of the virus in the state at the time of this writing, and at least seven deaths reported, it is clear that the COVID-19 pandemic has hit Texas hard. In response, the Texas National Guard will be activated to assist with the outbreak if necessary. However, did you know that, depending on the laws enforced during a pandemic like this, you can be arrested if you refuse to quarantine or isolate when you are suspected of being infected? It is true, and in those cases, you will need a strong criminal defense strategy. Consider the below facts—and stay safe.

Texas Health and Safety Codes

In Texas, there are various health and safety codes that dictate how local governments and citizens must deal with an outbreak like coronavirus. For the most part, the rules are broad to allow for an open interpretation depending on the situation. Here are some of those Texas health codes:

A few years ago, hemp was legalized at the federal level thanks to a Farm Bill that enables people to cultivate, sell, and possess the hemp plant and hemp-related compounds, such as CBD (cannabidiol). In these cases, the level of THC (tetrahydrocannabinol) content found within the product must be less than .3 percent. Hemp and marijuana are both cannabis plants, but marijuana tends to contain much more THC, making it a drug that can provide its users with a high. Since the Farm Bill has made CBD products more common, and marijuana has been legalized in other states, Texas has also changed its policies. In June of 2019, Texas passed a bill legalizing hemp such that the state would be in agreement and coordination with the federal government. However, despite this new legislation, you cannot buy just any edible product that contains CBD, and possession of any product with a THC level above 0.3% could lead to potential criminal consequences. In some instances, possessing marijuana edibles could land you in jail, and some prosecutors in Texas are even issuing warnings to the public that the wrong edible could bring with it significant penalties.  

From an outside perspective, it could seem as if a family violence case is open-and-shut in favor of the alleged victim and the prosecution, but the truth is that these cases are a lot more involved and complex than you might think. There are many elements of these types of allegations that can be legitimately and convincingly argued from both sides of the courtroom. In fact, criminal defense approaches and strategies for these types of charges can be especially effective for someone facing such serious accusations.

Effective Defense Strategies

An experienced criminal defense attorney will review the case thoroughly and examine all evidence. Some of the methods used to defend against family violence charges include:

If you are facing charges of intoxication manslaughter, you might be wondering if this is a completely indefensible offense that cannot be adequately challenged in court. Of course, it is natural to have all of these worries and fears when this type of tragedy happens. You might even feel an overwhelming sense of guilt as you struggle to see a way out. However, the truth is that with the right criminal defense attorney, you could be found not guilty, have the case dismissed, or have your charges significantly reduced. Your lawyer can help you determine the best defense strategies that will allow you to achieve a positive outcome to your situation.

Effective Defense Strategies With Intoxication Manslaughter

While it might seem as if a charge of intoxication manslaughter cannot be overcome in court, there are a variety of ways to challenge or defeat these charges, including:

• Suggesting Faulty Sobriety Tests — As with a DWI case, one of the best ways to achieve success is to establish reasonable doubt by calling into question the validity of the sobriety tests. If your lawyer can instill uncertainty and skepticism in the jury about the overall effectiveness of the sobriety tests, then it might lead them to believe that you were not intoxicated at the time of the accident.

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