Archives for: April, 2016

Can Juveniles Be Tried As Adults in Texas?

By: Brandon Fulgham

Juvenile Crimes

Sentencing juveniles as adults may not be in the interest of justice in every case.  Many factors, including the crime itself, must be taken into account when making this decision. While it may be a politically popular decision to make for a district attorney’s office, trying a juvenile as an adult may not be in the best interest of the child. Texas permits a child to be tried as an adult in certain circumstances. Texas law also allows the state to seek a “determinate sentence” of a juvenile. This is the type of sentence Tarrant prosecutors sought for Ethan Couch. Judges face difficult decisions when trying to appropriately sentence a juvenile because many factors, including the age of the child, [...]

Texas Law Enforcement Devotes Resources To Stopping Human Trafficking

By: Brandon Fulgham

Human Trafficking

Law enforcement in Texas, and around the nation, has begun to crack down on human trafficking. Human trafficking demeans and exploits its victims. Perpetrators of this crime frequently prey upon vulnerable populations, such as the young, the transgendered, and illegal aliens hoping to come to the U.S., among others. Many are lured through social media and are fooled by people pretending to be someone else. The victims are essentially slaves, forced to live and work in deplorable conditions that are unfit for animals, let alone humans. While police are taking a hard stand and fighting to stop this scourge on today’s society, law enforcement can rush to judgment and accuse innocent people of wrongdoing in the name of eradicating this [...]

Ethan Couch And The Juvenile Justice System In Texas

By: Brandon Fulgham

Juvenile Crimes

Tarrant County resident Ethan Couch and his despicable behavior has drawn national attention. His case has also focused a white-hot spotlight on the juvenile justice system. The case has further solidified what many believe to be true. On its face, the saga of Ethan Couch proves that two justice systems operate in this country: one for the rich and one for the rest of us. Couch’s lawyers fought hard for a sentence that would both punish and rehabilitate him. Judge Jean Boyd gave him that chance and he blew it. Couch’s flight to Mexico then opposing extradition renewed the argument. However, his subsequent capture and incarceration may finally level the scales of justice for his victim’s families.

District Court Judge [...]

Can A Police Officer Make An Arrest Without A Warrant?

By: Brandon Fulgham

Arrest Warrant | Criminal Defense

The police do not have authority to make an arrest in Texas without a warrant, generally speaking. If they do make an arrest without a warrant, then the police must justify their actions. Evidence that was seized or statements that were subsequently made after an unlawful arrest may be suppressed, that is thrown out of court. Texas law also allows private citizens to make arrests in limited circumstances as well. Those charges may stick if done correctly. If not, then any evidence obtained as a result of your unlawful detention will the suppressed. If you were arrested without a warrant, call our law office today to schedule a free consultation.

The authority police have to make arrests is given to [...]

Failure To Identify Yourself After An Accident Is A Serious Crime in Texas

By: Brandon Fulgham

Failure to Identify After an Accident

Panic, shock, fear, desperation, and confusion are a just few of the numerous emotions a person can feel after being involved in an accident. You, as the driver, could be suffering from injuries such as a concussion or pain from the air bag or seatbelt, or worse. A person in your own car could be injured as well. Things are happening so fast; chaos surrounds. Despite those chaotic circumstances, Texas law imposes a duty on each driver to stop and identify themselves. If you have been charged with failure to identify an accident, we can help.

Texas law imposes certain requirements upon every motorist in the aftermath of a car crash. Every motorist operating a vehicle involved in any [...]

Area Man Gets Life in Prison After 10th DWI

By: Brandon Fulgham

DUI

What can you expect if you’re convicted of driving while impaired 10 times in Texas? Based on a local man’s case, you could receive a very long prison sentence.

Ivy Ray Eberhardt, 62, of Weatherford, recently was convicted of DWI for the 10th time following a guilty plea. He received a sentence of life in prison and may be eligible for parole after 15 years.

Craig Towson, the District Court judge who handed down the sentencing, said that with a blood-alcohol level over 0.30, Eberhardt was “a second away” from seriously injuring someone. He noted that an individual who has 12 DWI arrests and 10 convictions, like Eberhardt, must be kept from driving — in this case, through incarceration [...]