Posted on November 10, 2020 in Criminal Defense

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. 

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 Posted on October 26, 2020 in Drug Charges

Over the last several years, the marijuana laws in many parts of the United States have changed significantly. Multiple states have legalized marijuana for either medicinal or recreational use. In some cases, states, counties, or cities have taken steps toward decriminalization by treating possession of small amounts of marijuana as a petty offense rather than a criminal charge. However, possession of marijuana is still a criminal offense in Texas.

As the legal use of marijuana has become more widespread, a wide variety of different cannabis products have been made available. In addition to the traditional methods of smoking marijuana, users may consume cannabis by using vape pens, edibles, or even lotions. Texas residents should be sure to understand how the state’s laws address these types of products, and a criminal defense lawyer can provide skilled legal representation for a person who is facing drug charges related to the possession of marijuana products.

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 Posted on October 21, 2020 in DWI

Like many other states, Texas takes the crime of drunk driving seriously. A DWI arrest or conviction can be difficult for anyone to overcome, but it is especially challenging for truck drivers and other holders of a commercial driver’s license (CDL) who rely on their driving privileges in order to make a living. If you are a commercial driver facing DWI charges, you need an experienced attorney who can provide the best possible defense so that you have a chance of avoiding criminal penalties that can impact your livelihood.

Additional Restrictions for CDL Drivers in Texas

Under Texas law, if the driver of a passenger vehicle is pulled over under suspicion of driving under the influence and registers a blood alcohol concentration (BAC) of more than 0.08 percent, he or she can be arrested and charged with DWI and face an Administrative License Revocation (ALR) for 90 days or more while awaiting trial. A driver who refuses to submit to a blood or breath test can be subject to an ALR for 180 days or more.

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 Posted on October 14, 2020 in Assault

In Texas, the crime of assault is taken seriously. This particular offense includes any situation in which the offender intentionally or knowingly causes or threatens bodily harm to another person, or physically contacts another person in an offensive or provocative manner. However, the severity of the assault and the resulting penalties can vary greatly depending on the situation. A skilled criminal defense attorney can be especially important if you are facing charges of aggravated assault in Texas.

Consequences of a Texas Aggravated Assault Conviction

In most cases, simple assault in Texas is considered a Class A misdemeanor or lower, resulting in penalties of up to one year of imprisonment and $4,000 in fines. However, certain factors can increase the charges to aggravated assault, including:

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 Posted on October 06, 2020 in Drug Charges

In the state of Texas, criminal drug charges can result in severe consequences that may affect you for the rest of your life, including burdensome fines, extended imprisonment, and a criminal record that can impact your employment opportunities, immigration status, and more. Drug possession on its own is treated as a serious offense, and when you are facing charges of intent to distribute or manufacture drugs, the potential penalties are even more significant. However, it can be difficult for the prosecution to prove intent in cases such as these. That is why it is essential that you consult a skilled criminal defense attorney who can build a strong defense on your behalf. 

What Are the Penalties for Possession With Intent to Distribute or Manufacture?

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 Posted on September 28, 2020 in DWI

When you get behind the wheel after having a few drinks, you generally understand the risks of doing so. While you may not be thinking about the risks at the time, you almost certainly realize that it is dangerous to drink and drive. You probably know that alcohol impairs both your mental and physical faculties, which increases your chances of being involved in an accident. There is also the danger of getting pulled over and arrested for driving while intoxicated (DWI)—the consequences of which can be quite severe.

Drinking and driving puts others on the road in danger, of course, but what about those in the car with the drunk driver? More importantly, what happens if there is a child riding in the car with a driver who has been drinking? Under Texas law, DWI with a child passenger is a serious criminal offense, and if you are convicted on such a charge, there is a good chance that you will go to jail.

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 Posted on September 22, 2020 in 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.

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 Posted on September 17, 2020 in DWI

Driving while under the influence of alcohol or drugs is a serious offense in Texas. If you are pulled over by a police officer, asked to take a breathalyzer or field sobriety test, and arrested for driving while intoxicated (DWI), you will want to understand the types of criminal charges you may face, the potential consequences of a conviction, and whether you will lose your driver’s license. However, your first priority will likely be to find out how you can be released from custody. 

If you are arrested and booked at a local police department or a county jail, the procedures followed can be confusing, and you may not understand whether you will be required to appear before a judge or post bail before you can be released. Fortunately, by working with a lawyer, you may be able to get out of jail more quickly through an attorney writ bond.

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 Posted on September 09, 2020 in Family Violence

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. 

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 Posted on August 28, 2020 in Criminal Defense

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.

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