Archives for: February, 2019

Will You Lose Your Kids If Convicted of Domestic Violence in Texas?

By: Brandon Fulgham

Domestic Violence | Family Violence

A Texas family court will consider several facts when deciding which parent gets primary child custody. Domestic violence, no surprise, is one of the factors that will have a significant negative effect on a person’s eligibility to care for their for their children.

In its less severe form, a history of domestic violence can lead to limited visitation rights. More extreme cases, however, can even result in an automatic loss of parental rights.

This post will cover how Texas defines domestic violence and what you can expect if you are charged and want to retain custody of your kids.

Defining Domestic Violence Under Texas Law

Per The Texas Penal Code Title 5 Chapter 22 section 22.01, domestic violence is [...]

These Offenses Are Considered Property Crimes Under Texas Law

By: Brandon Fulgham

Property Crimes | Trespassing

When we hear the term “property crime” we immediately think of theft, burglary, and the damage or destruction of one’s physical possessions.

However, were you aware that many property crimes actually pertain to things that are intangible?

If you are facing property crime charges and are confused about how or why, a knowledgeable Fort Worth criminal defense attorney can help you understand those Texas Statutes classified as offenses against property.

In this post, we look at three property crimes you may be surprised to find fall under this category of Texas Criminal law.

Criminal Trespassing

This one isn’t too much of a stretch, since the term “property” can refer to a physical location. Texas law defines criminal trespassing as [...]

Can Technology Keep You from Getting a Texas DWI?

By: Brandon Fulgham

Drunk Driving

Since 1980, the year Mothers Against Drunk Driving (MADD) was founded by a mother after losing her young daughter by a serial drunk driver, the issue of drinking and driving has been solidly in the public consciousness. Studies have been performed, laws have been tightened, and rehabilitation programs developed.

Yet according to TXDOT, a person is still hurt or killed in a vehicular crash involving alcohol about every 20 minutes.

Under Texas law, you are legally defined as intoxicated while driving when your BAC registers as 0.08 or higher. However, regardless of actual BAC, law enforcement may consider a person intoxicated and driving under the influence if he or she demonstrates impairment in any way, and research shows the [...]

Tax Time’s Coming – Can Texans Commit Fraud by Mistake?

By: Brandon Fulgham

Tax Evasion | Tax Fraud

Individuals who intentionally attempt to evade paying their taxes can face hefty penalties.

How hefty? Fines can reach as much as $100,000 and crimes can carry jail sentences of up to five years imprisonment. However, not paying all of your tax does not automatically make you a criminal.

Although it’s a thin line between tax avoidance and evasion, avoidance is simply doing what you can to lower your effective tax rate. This is something that is not only perfectly legal and allowed, but actually encouraged.

When you claim a mortgage interest deduction or fill in your dependents’ information, you are avoiding tax. In fact, every big box tax preparer has built their entire business model on tax avoidance, touting how [...]