Archives for: March, 2019

Texans Don’t Have to Take a St. Paddy’s Day DWI Lying Down

By: Brandon Fulgham

Drunk Driving | DUI

Were you among those who contributed to the consumption of 819% more Guinness than usual this St. Paddy’s Day? Perhaps you were one of the 32% of men who admit they binge drink when the rivers turn green? More than anything, we hope you were not involved in any of the alcohol-related car crashes that statistically claim a life every 37 minutes over the St. Patrick’s Day holiday.

Of course, things aren’t always quite so cut-and-dried. Did you know Texas is a state in which a motorist can get a DWI without actually driving (our courts have defined the term “operating” quite broadly)? Or that there are a number of substances that can “read” as alcohol on a [...]

Texas Sex Crimes Charged as Misdemeanor Offenses

By: Brandon Fulgham

Misdemeanors | Sexting

 

 

As a rule, sex crimes are prosecuted as felonies, carrying mandatory jail time and the likely requirement for sex offender registration. However, some sex crimes that don’t involve violence or penetrative sexual contact with the victim may be charged as misdemeanors. This means that you could receive probation instead of jail time, and that sex offender registration may not be required.

Below, we provide a guide to Texas sex crimes that may be charged as misdemeanor-level offenses rather than felonies.

What Determines the Severity of a Texas Sex Crime?

Sex crimes are personal in nature, and therefore the severity of sex crime charges will depend upon a number of circumstances regarding the defendant, the alleged offense in question, [...]

From Juvenile Crime to Adult Court in Texas – How It Works

By: Brandon Fulgham

Juvenile Crimes

When someone is accused of a juvenile crime, there are certain instances in which the case can be transferred to an adult court. In Texas, this is a two-part process.

The first part of a transfer is an evaluation of the case against Texas criminal law. The second is a more subjective evaluation of the circumstances and the juvenile party involved in the case.

If your child is facing juvenile crime charges, and you are unsure about whether or why their case may be under consideration for transfer into the adult court system, a knowledgeable Texas criminal defense attorney will be about to review the case and offer advice.

In this post, we will review how the transfer of [...]

What You Should Know about Texas Human Trafficking Laws

By: Brandon Fulgham

Human Trafficking

Human trafficking is the illegal trade of human beings. Essentially, it’s a form of modern-day slavery. The two primary drivers for the industry are sexual exploitation and forced labor (domestic and agricultural), and because of our proximity to one of the busiest international borders worldwide, Texas – sadly – serves as a hub.

How bad is it? The Department of Health and Human services reports that our state hosts approximately a quarter of all trafficked persons in the entire country at any given time.

Where do these people come from? Lots of places. Recently, though, an FBI spokesperson shared with a San Antonio local news station that one out of every four runaways are approached by someone interested in trafficking [...]

Actions That Texas Considers Drug Trafficking

By: Brandon Fulgham

Drug Crimes | Drug Trafficking

The U.S. Department of Justice reports that drug trafficking constitutes 1 in every 5 drug-related arrests made in the United States. Texas is no exception to this, as drug trafficking is quite common here.

In fact, parts of the Lone Star State have been described as High-Intensity Drug Trafficking Areas, and the DOJ reports that the Texas-Mexico border is extensively used by Drug Trafficking Organizations to bring illicit drugs into the U.S.

Partially because of this, Texas courts don’t take drug trafficking charges lightly. Sentencing guidelines for drug trafficking crimes are outlined in sections 481.112, 481.113, 481.1121, and 481.114 of the Texas Health and Safety Code. If found guilty, one may be served with the following sentences:

• Minimum

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