FORT WORTH CRIMINAL DEFENSE BLOG HOME

Get a Second Chance with the First Time Drug Offenders Program

By: Brandon Fulgham

Diversion Programs | First Offender Drug Program (FODP)

A drug conviction can negatively impact all aspects of your life and leave a permanent mark on your criminal record. If you’re a first-time drug offender, though, you might be able to avoid the consequences associated with a drug conviction and get a second chance.

Here in Tarrant County, we have a number of diversion programs that focus on rehabilitating offenders instead of having them go through the typical criminal justice system process. There are specialty programs for felony DWI offenders, veteran offenders, youthful offenders, and domestic violence offenders.

In addition to these programs and others, our county also has a First Offender Drug Program (FODP). Let’s look at this program in depth to determine, as a first-time offender of [...]

Why Battery Is Actually Charged as Assault in Texas

By: Brandon Fulgham

Assault | Battery

Assault and battery charges are a very serious matter in Texas. Although lesser degrees of assault still carry consequences such as fines and a criminal record of violent crime that can compromise housing, employment, loans, child custody, and more, that is far preferable to suffering the penalties that come with the crime of battery.

It is therefore important to understand how assault and battery are charged in Texas so that you know what you’re up against and can make the best possible decisions to protect your freedom.

The thing to know about assault and battery in Texas is that they distinct crimes with distinct charges… but there is no charge for battery. Rather, battery in our state is technically charged [...]

What Penalties Does Alleged Texas Drug Trafficking Ex-Cop Face?

By: Brandon Fulgham

Drug Crimes | Drug Trafficking

It seems like a story out of a TV show rather than real life, but officials say former police officer Geovani Hernandez got involving in drug trafficking to get money to run for office. As a constable. Constables in Texas are licensed peace officers who perform functions such as issuing subpoenas, traffic citations, and other civil papers.

In May, he met with an informant to discuss an “illegal business venture.” Hernandez claimed to be friends with a Mexican drug boss, according to a complaint filed in the McAllen U.S. District Court. He said he needed money to run for office as a constable in Hidalgo County.

Previously, Hernandez ran unsuccessfully for a position as a Texas political official. In his [...]

How to Defend against Texas Insurance Fraud Charges

By: Brandon Fulgham

Fraud | Insurance Fraud | White Collar Crimes

After Hurricane Harvey, Texas officials will be on the lookout for insurance fraud – and for good reason. Property insurance fraud is very common after hurricanes and other natural disasters, and this drives up the premiums for property owners simply looking to protect their assets.

If you find yourself under investigation or facing charges, it is vital that you act quickly to get a knowledgeable insurance fraud lawyer. Texas takes insurance fraud very seriously, with most cases charged as either high-level misdemeanors or felonies, dependent upon the value of the claim and other circumstances surrounding the alleged fraud. If convicted you could face jail time, steep fines and a criminal record that impairs your freedom long after you’ve paid [...]

When Can You be Charged with Theft in Texas?

By: Brandon Fulgham

Theft Crimes

In the aftermath of Harvey, police are on the lookout for looters and all other kinds of crimes. Law enforcement officials have learned since Hurricane Katrina that natural disasters lead to increased theft, and they are cracking down hard on theft crimes in Texas after Hurricane Harvey.

Case-in-point: more than 40 people have been arrested in Harris County for looting since the hurricane struck. Worse, if theft, robbery, burglary, or assault occur in a Texas county declared a disaster area by the governor, penalties are greatly increased. Some looters may face up to life in prison for a burglary charge, so it’s important to understand what qualifies as theft, the penalties associated with it, and the possible defenses you [...]

Which Crimes are Considered “Sexual Offenses” Under Texas Law?

By: Brandon Fulgham

Criminal Defense | Sex Crimes

Not all crimes are created equally. Being charged with assault is a far cry from facing sexual assault charges. Not only is there a stigma attached to sexual crimes that doesn’t come with most other illegal acts, in many cases you may find yourself up against additional penalties, including the possibility of having to appear on the sex offender registry.

Because of this, it is important to understand which offenses the State of Texas defines as sex crimes. Thankfully, the Texas legal system has a detailed list of exactly these offenses, including definitions of each.

Sex Crimes in Texas and How They are Defined

Here is a list of many of the sexual offenses included in the Texas penal codes[...]