2591 Dallas Parkway, Suite 207A, Frisco, TX 75034

Free Consultations

469-333-3333

Subscribe to this list via RSS Blog posts tagged in Collin County criminal defense attorney

TX defense lawyerFewer drugs have been the subject of as much controversy – or as much confusion – as marijuana. State laws regarding the possession, cultivation, and sale of cannabis products vary dramatically from state to state. In Texas, cannabis or “weed” is illegal except in extremely limited circumstances. This includes all edibles and products containing the psychoactive component THC (tetrahydrocannabinol). Cookies, candy, brownies, and other products containing THC concentrates are typically penalized more harshly than marijuana and may lead to felony criminal charges and even decades behind bars.

THC Concentrates Including Oil and Wax Are Penalized More Harshly Than Marijuana

Like most states, the criminal penalties an individual faces for possession of an illicit drug varies depending on the amount of the drug in possession. The greater the amount of the drug an individual allegedly possesses, the worse the penalties. Possession of less than two ounces of marijuana is a Class B misdemeanor and possession of two to four ounces is a Class A misdemeanor. Possession of any amount greater than four ounces is a felony offense. Distribution of greater than a quarter of an ounce (or seven grams) is also a felony offense.

However, THC edibles are not penalized the same as “marijuana flower” or the physical plant material THC concentrates like hash oil or wax, the substance typically in marijuana edibles, are classified in drug penalty group two. Possession of drugs in this penalty group is penalized more harshly. Possession of less than one gram of THC concentrate can result in state jail felony charges. State jail felonies are punishable by 180 days to two years in jail and a fine of up to $10,000. Possession of one to four grams of a THC concentrate is a third-degree felony punishable by up to 10 years in prison. If you are caught with four to 400 grams of THC concentrates, you face second-degree felony charges and up to 20 years in prison. Possession of more than 400 grams, or just under a pound, of THC concentrates is a first-degree felony punishable by five to 99 years in prison and a maximum fine of $50,000.

...

Frisco stalking charges defense lawyerThe 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: 

...

Plano criminal defense attorney DWI

If you were asked to do so right now, with no advance warning, could you stand on one foot while holding the other foot slightly off the ground for a full 30 seconds? Could you walk in a straight line—putting your foot heel to toe with every step—then turn around and come back on the same line, possibly without being able to look down at the line? If you were to have trouble with either of these exercises, federal authorities say that there is roughly an 80 percent chance that you are intoxicated.
Obviously, this was intended to be an exaggerated scenario, but in reality, the tests mentioned above are actually used by the police every day to test drivers who might be impaired by drugs or alcohol. The results of such tests are often presented as evidence against defendants facing charges for driving while intoxicated (DWI), despite the fact that these tests are not nearly as accurate as law enforcement officials would have you believe.

Standardized Field Sobriety Tests

There are three tests that are recognized by the National Highway Transportation Safety Administration (NHTSA) as effective in determining a driver’s level of impairment. Together, these three assessments comprise the Standardized Field Sobriety Tests (SFSTs). In addition to the one-leg stand and the walk-and-turn tests, the SFSTs also include the horizontal gaze nystagmus (HGN) test, in which the driver is asked to follow an object, such as the officer’s finger or a pen, with only eyes. In this test, the officer is looking for an involuntary jerking or movement of the eye, usually at the peripheral range, that is often seen as an indicator of intoxication. The three tests are typically administered together, and courts throughout the United States tend to accept the test results as proof—albeit rebuttable proof—that a driver is intoxicated.

...

Allen criminal defense attorney order of protection

Relationships between spouses, family members, or people who live in the same household can sometimes be strained, and arguments or conflicts can escalate into situations involving accusations of family violence. If you have been accused of committing domestic violence, you should be aware that you could not only face criminal charges, but you may also be subject to a protective order (commonly known as a restraining order). The most common type of protective order that is issued in Texas is the Magistrate’s Order of Emergency Protection (MOEP), and it is important to understand when this type of order will apply and the effects it can have on your life.

Protective Orders Issued by Criminal Courts

If a person is arrested because of accusations of family violence, stalking, or sexual assault, a criminal court judge (known as a magistrate) may issue an emergency order of protection. A judge may issue an order based on his or her own discretion or following a request from an alleged victim, a peace officer, or a prosecutor. If an alleged family violence offense caused serious bodily injury to a victim or involved the use of a deadly weapon, a magistrate is required to issue an emergency protective order. 

...

Collin County criminal defense attorney

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.

...

Plano criminal defense attorney marijuana DWI

For many people, alcohol is the first substance that comes to mind in relation to the offense of driving while intoxicated (DWI), but Texas law defines intoxication as having one’s mental and physical capacities impaired by the use of any drug or substance. As some states continue to legalize or decriminalize marijuana and THC products, many drivers are being arrested on DWI charges related to these specific substances. In Texas, where recreational marijuana use and possession remain illegal and medical marijuana is highly regulated, motorists may face harsh penalties for driving under the influence of marijuana. If you are facing marijuana DWI charges, you need a skilled criminal defense attorney who can help you contest and reduce the charges or avoid a conviction altogether.

Defense Strategies for Marijuana DWI Cases

While Texas specifies a blood alcohol concentration (BAC) of at least 0.08 percent for alcohol intoxication, there is no clear standard when it comes to marijuana or THC. This means that marijuana DWI charges and sentencing often come down to the testimony of law enforcement officers against the testimony of the defendant. A lawyer who has experience with marijuana cases can pursue defense strategies that may help you persuade the jury of your innocence. These strategies include:

...

Prosper criminal defense attorney white-collar crime

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.

...

Frisco criminal defense attorney nondisclsoure order

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:

...

Frisco criminal defense attorney theft

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:

...

Frisco criminal defense attorney

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 homicideDWI, 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:

...

Frisco theft defense attorney

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:

...

Frisco drug possession attorney

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:

...
top 100 avvo best business top 40 fox usa cnn wfaa elite lawyer
Back to Top