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Archives for: September, 2018

Sep 27
2018

Searched for Drugs on Texas Public Transportation – Is This Legal?

Drug Crimes | Search and Seizure

If a police officer pulls you over in a traffic stop, they may ask to search your vehicle, but you have the right to say no – which you should exercise, whether or not you feel a search could yield incriminating evidence.

This is because law enforcement officers have a right to search you or your property only if there is reasonable suspicion that you have committed a crime, known as probable cause, or if they have obtained a warrant from a judge. This is part of your Fourth Amendment rights.

However, although the Fourth Amendment is a right for all US citizens, it does have its limitations.

For example, under certain circumstances you can be searched on modes of [...]

Sep 19
2018

When Is Sexting Illegal in Texas?

Sex Crimes | Sexting

These days we do everything with our phones. Chat. Navigate. Surf the web. Manage our finances. Play games. Watch videos.

It makes sense, then, that we would also use our phones to flirt with our romantic partners. In fact, the practice of “sexting” – sending nude or sexually suggestive photos by text messages or other messaging platforms – has become commonplace.

Although this may be harmless when it occurs between two consenting adults, serious criminal charges can result in certain situations. Sexting is particularly dangerous when one or both of the participants are under the age of consent, because even when sexting occurs between two minors, this still qualifies as electronically transmitting sexual depictions of children.

However, this practice [...]

Sep 13
2018

Why Criminal Diversion Programs are Good for Everyone in Texas

Criminal Defense | Diversion Programs

In Texas, 20-30% of offenders released from prison go right back there within three years of release. This suggests that, in many cases, traditional prosecution and sentencing is ineffective in preventing future offenses.

Why does this happen?

One of the biggest reasons is that once an individual has spent time in prison, obtaining gainful employment or a college education is much more difficult. In many cases, former offenders may turn back to illegal activities because they find that they are otherwise unable to support themselves.

This can lead to a vicious cycle of repeat offenses, bringing harm to the victims of these crimes, and placing a substantial burden on the criminal justice system.

In contrast, research has shown that diversion [...]

Sep 7
2018

Underage College Drinking: If Your Kid Gets a Texas MIP Charge

Liquor Liability | Minor in Possession

If your child gets slapped with a minor in possession charge, you may be blindsided and unsure of what is involved. Will they be fined? Have to spend time in jail?

In this post, we’ll detail what you need to know about minor in possession charges and how to fight back with the help of a knowledgeable lawyer.

Texas Minor in Possession Laws

The Texas Alcoholic Beverage Code prohibits the following activities for those under the age of 21:

  • Purchase of alcohol
  • Attempt to purchase alcohol
  • Consumption of alcohol
  • Possession of alcohol
  • Driving or operating watercraft or motor vehicle while under the influence of alcohol
  • Misrepresentation of age

This law essentially prohibits a minor from making any contact with alcohol. [...]

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