There are multiple activities and behaviors that can lead to a person facing criminal charges, and sometimes, these can arise out of relationship problems, disagreements between family members, or other situations where a person acts in a way that offends or threatens someone else. In some cases, a person who allegedly commits these types of actions may face charges of harassment, but in more serious situations, they may be accused of stalking. This is a felony offense in Texas, and a conviction can result in severe penalties, so those who have been accused of this crime should be sure to understand the laws that affect them and the best defense strategies against these types of charges.

The Differences Between Harassment and Stalking

The Texas Penal Code defines harassment as actions that are deliberately meant to annoy, torment, abuse, alarm, or embarrass someone else. These actions may include repeatedly calling someone on the phone or sending text messages or emails, as well as messages sent through other types of electronic communication, such as social media. Harassment may also involve threatening to injure or harm a person, their family members, or their property; making false reports that a person’s loved ones have suffered serious injuries or been killed; or any forms of communication that involve obscene comments or requests.

After being arrested on criminal charges, you will want to figure out the best way to get out of jail as quickly as possible. While waiting for a judge to set bail and posting that amount either by making a cash payment or receiving a bail bond is one commonly used option, this process can take up to 48 hours to complete. In some cases, you may be able to get released more quickly by obtaining an attorney writ bond. Our attorneys can help you make arrangements to receive this type of bond without the need to appear before a judge, and in many cases, this process can be completed within a few hours. However, it is important to understand the types of cases where an attorney writ bond will or will not be an option.

What Types of Criminal Charges Are Eligible for Attorney Writ Bonds?

Typically, attorney writ bonds are available to those who have been charged with certain types of misdemeanor offenses, including:

Everyone has made mistakes in their past. Maybe you got caught up with the wrong group of kids growing up, or perhaps you made a drunk decision that you wish you could take back. If you are lucky, you may be the only one who remembers the mistake. For those individuals who have been arrested or charged with a crime, the mistake remains as a mark on their permanent record. People with a criminal background—even those who were arrested but never convicted—have these decisions follow them for the rest of their lives. But what if removing this criminal mark was an option? For some, expunction may be exactly what they are looking for to move on with their lives.

What Records Can Be Expunged?

Criminal records are public, which means that anyone who conducts a background check, especially when hiring for jobs, will see anything built up on your record. An expunction allows individuals to remove information about an arrest, charge, or conviction from their permanent record, but only in certain circumstances. Once the record is expunged, all information regarding the case will be removed from the individual’s record and he or she is legally allowed to deny that the incident ever occurred. You may be wondering why everyone with a criminal record does not work to get their record expunged. The reason? Only 10 situations qualify for expunction. Records eligible for expunction include the following:

The term stalking may conjure up images of someone following another person, sending excessive emails, or constantly calling them on the phone. Similar to domestic abuse, stalking is a crime that is all about control and power. Stalking is broadly defined as “conduct directed at a specific person that involves repeated visual or physical proximity, non-consensual communication, or verbal, written, or implied threats, or a combination thereof, that would cause a reasonable person fear.” According to the Centers for Disease Control and Prevention’s (CDC) National Intimate Partner and Sexual Violence Survey (NISVS),1 in 6 women and 1 in 19 men have been the victim of during their lifetime.

Common Stalking Behaviors or Actions

Under the Texas Penal Code, the offenses of harassment and stalking are very closely linked. Stalking can best be described as aggravated harassment. However, harassment charges can come after a single act. On the other hand, stalking charges may be filed against a person who repeatedly (on more than one occasion) engages in conduct that would constitute harassment or that causes another person to fear for his or her own safety or the safety of his or her loved ones. 

To be considered stalking, a repeated threat can be either implied or explicit, but it must be directed at a specific person. This can be done in person or electronically. In today’s digital age, posting personal information or spreading rumors about someone can be considered cyberstalking. Stalking behaviors may also include any of the following acts: 

In many cases involving drug possession, weapons possession, and theft, the State of Texas relies on evidence obtained through a search warrant in order to establish the defendant’s guilt. If an officer approaches you with a warrant, you may fear that a guilty verdict is inevitable, but this is not always the case. With the help of an experienced criminal defense attorney, you may be able to contest the admission of evidence seized in the search and prevent it from influencing the outcome of your case.

Understanding Your Fourth Amendment Rights

The Fourth Amendment to the United States Constitution protects citizens and their property from unreasonable search and seizure. It states that warrants may not be issued without probable cause supported by a sworn affirmation and that they must describe the specific place to be searched and the items to be seized. The Texas Code of Criminal Procedure includes provisions to ensure that warrants are issued and executed in compliance with the Fourth Amendment, and if those provisions are not upheld, your rights may be in violation.