FORT WORTH CRIMINAL DEFENSE BLOG HOME
Experienced Fort Worth Criminal Defense Lawyer
Former Tarrant County Prosecutor
Brandon Fulgham
Even though there are no specific marijuana cultivation laws in Texas at this time, don’t just assume that you can do it without any repercussions. In fact, if you are caught cultivating marijuana, penalties range from up to 180 days in jail and up to $2,000 in fines to life in prison and up to[...]
If you have been charged with shoplifting in Texas, you may wonder what penalties you may face if convicted. Here is a guide to everything you need to know about shoplifting charges in Texas, and what defenses may be used to help you. What the Texas Statutes Say about Shoplifting Texas Penal Code §31.03 addresses[...]
Alexander Pope wrote, “To err is human.” Which is true – we all make mistakes. Most of the time, we learn from our mistakes and continue on with our lives. Sometimes, however, our mistakes follow us around wherever we go. When you are arrested, charged, or convicted of a crime, it shows up on your[...]
The public intoxication law in Texas can be vague and confusing. How so? State law indicates that law enforcement officers can arrest a person on suspicion of public intoxication. However, the arrest can occur only if the drunk person is a danger to others or themselves. On New Year’s Day 2018, a Texas woman was[...]
If you are arrested on assault charges in Texas, it is important to understand the legal process that you will have to go through. This way, you’ll be more prepared at each step of the journey and give yourself a better chance of achieving a positive outcome. Below, you’ll find a step-by-step walkthrough of the[...]
Burglary covers several different kinds of theft under Texas law. In this post, we’ll detail the types of burglary, their penalties, and how you can get help if you are facing charges. Burglary as Defined by Texas Statute All burglary convictions in Texas will depend on this fact: an individual entered a private building, structure,[...]
Texas takes drug offenses very seriously, and if you’re caught possessing, distributing, selling, manufacturing, or trafficking drugs, you could be facing severe penalties. The penalties for drug crimes, however, depend on two major components: the type of drug in question and the amount of drugs that you are caught with. On Thursday, August 17, 2017,[...]
If you have been charged with violating a protective order in Texas, you could face significant penalties. In this post, we’ll explain how protective orders work, what constitutes a violation, and what happens next if you have already been charged. How Protective Orders Work in Texas A protective order is serious, because it means that[...]
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[...]
Recently in Irving, Texas, a man allegedly entered a check cashing establishment in an attempted robbery. Instead of simply robbing the place, the man allegedly took a female employee hostage and held her at gunpoint. Dramatic video shows the police in a standoff with the suspect who appears to be holding a woman with his[...]
Are you or someone you know facing harassment charges in Texas? A conviction can have long lasting consequences that you will want to avoid, including the potential of fines and jail time. Harassment can take several different forms under Texas law. Texas Penal Code §42.07 states that an individual commits the offense of harassment when[...]
Inventory loss is a significant cost for any retailer, especially around the holidays. For this reason, retailers large and small increase store security during the Christmas season, and are likely to prosecute even minor shoplifting offenses. If you are facing Texas shoplifting charges after this holiday season, it is important to take the matter seriously[...]
As a Texas resident, you should be aware that the Lone Star State has some of the harshest drunk driving penalties in the nation, ranking 13th overall. This information comes from a new report by WalletHub, which finds that, while Texas ranks behind other conservative states such as Arizona, Oklahoma, and Kansas, our drunk driving[...]
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[...]
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[...]
Charles McAllister, the majority owner of an Austin, Texas vault was recently charged with fraud and misuse of money that customers appropriated to him to buy gold, silver, and platinum on their behalf. In July 2015, hundreds of the investors learned that the bullion they thought they’d purchased had disappeared from two vaults in[...]
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[...]
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[...]
Texas has some of the harshest penalties in the nation for drug possession. If convicted, you could face years in prison and hefty fines for even small amounts of controlled substances. Moreover, you will be left with a criminal record that can come back to haunt you for the rest of your life. However, not[...]
Were you recently charged with robbery in Texas? Do you want to learn how to defend yourself against the charges? In this post, we’re going to detail the Texas laws on robbery and explain common defenses that you may be able to use to fight your charges. Definition of Robbery in Texas According to the[...]
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[...]
If you are charged with a crime, you probably expect the consequences to include jail, probation, expensive fines, a major disruption to your life, or a combination of all those things. Here in Tarrant County, though, depending on the crime you have been accused of, you might be eligible to participate in a special diversion[...]
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[...]
When you’re a teen or young adult, emotions tend to run high. Sometimes, it does not take a whole lot to make you angry. Physical altercations even come easier because juveniles often act without really thinking things through. Obviously, if a juvenile breaks the law, they need to face consequences. However, that should not be[...]
For many Texans, football is life. If you’re a fan of football in our state, there’s a good chance you’re also a fan of America’s team – the Dallas Cowboys. Which means you’re probably reeling at the possibility of not seeing star running back Ezekiel Elliott on the field for the beginning of the 2017[...]
A common myth this time of year is that domestic violence rates spike during the season between Thanksgiving and New Year’s Day. However, the facts point to the contrary. Below, we’ll explain the reasons why and what Texas law states about domestic violence. ‘Tis the Season to Be Stressed… But are We Also More Violent?[...]
Can you be charged with burglary even if you didn’t enter a building or commit the actual act? The answer, surprisingly, is yes… if the jury determines that you were the mastermind behind the burglary. Recently, one Texas woman was not only charged, but convicted and sentenced to 25 years in prison. Below we’re going[...]
If you are facing theft charges in Texas, there are many defenses a qualified attorney may be able to use to fight your charges. In this post, we’ll detail the various strategies that may work in your case. Texas Theft Charge Defenses Theft is defined by Texas law as permanently depriving someone of the possession[...]
Probation is often offered as an alternative to a jail sentence, or in combination with a much shorter jail sentence than you would otherwise face. Under probation, you are allowed to remain free, but must follow procedures and policies outlined by the community supervision department. Violating your probation comes with serious consequences, which could include[...]
Getting a Texas DWI is a big deal, but there are far worse situations you can find yourself in. Recently, a man tried to avoid getting pulled over for a DWI by leading police on a high-speed chase and got a lot more than he bargained for. What happened? Rueben Prado Vargas, 28, was arrested[...]
A driving while intoxicated (DWI) conviction is life-changing no matter how it is charged, as you will face long probationary periods, suspension of your driver’s license, and the long-term consequences of having a criminal record. However, when a DWI is charged as a felony-level offense, these consequences are much more grievous. Felony-level DWI offenses are[...]
Drinking and driving is a problem in our country and here in Texas, but that problem might now be getting bigger due to funding being cut from a program aimed at helping repeat DWI offenders get sober. Last week, we discussed some of the diversion programs offered by Tarrant County to rehabilitate offenders and help[...]
In Texas, you can be charged with drug trafficking even if you have never transported or distributed drugs. Below, we’re going to detail how our state’s drug trafficking and possession laws, and what you can do to fight back against your charges. Factors that Indicate Drug Trafficking Law enforcement officers in Texas consider several[...]
If you or your child are facing a minor in possession charge in Texas, you need to understand what the law says and what penalties are associated with a conviction. Below, we’re going to discuss what the law says and how an experienced Fort Worth criminal attorney can help you. The Texas Minor in Possession[...]
Domestic violence is an incredibly pervasive problem in our state, but if we ever want to truly stamp it out, it’s going to take more than putting offenders behind bars. We have to get to the root of the problem and work to alter behaviors that in some cases may have gone on for generations[...]
So, you’ve been pulled over and arrested for driving while intoxicated. Whether you made an honest mistake or know that you were still capable of being behind the wheel, you want to fight your charges. After all, the penalties for DWI in Texas could cost you thousands and prevent you from driving for an inconveniently[...]
Theft is the most commonly prosecuted crime in Fort Worth criminal courts. Defined as the unlawful taking of another’s property, theft is an offense that can result in lengthy prison or probation sentences, as well as hefty fines. An important distinction to make with Texas theft charges is whether the offense (or offenses) in question[...]
There are many factors that go into charges and penalties for Texas drug crimes. Unfortunately, not all of these factors are fair to the offender. How so? There are many laws throughout Texas and the country at large that purposely and unfairly increase the penalties against people accused of using or dealing drugs. One of[...]
If you are facing drug trafficking charges in Texas, there are a number of defense strategies that a skilled attorney will know how to employ if they are right for your specific circumstances. In this post, we’re going to detail some of the most common defenses that are used to fight drug trafficking charges and[...]
If you’re facing an aggravated assault charge in Texas, you may wonder what the difference is between simple assault and aggravated assault. In this post, we’ll explain the difference and tell you what you can do to fight your charges. Texas Assault Charges Simple Assault In Texas, you can be charged with simple assault for[...]
Many Texans will be celebrating St. Patrick’s Day with Irish food and green beer this year, but it’s important not to let your partying get out of hand, or you could potentially face two charges: disorderly conduct and public intoxication. In this post, we’ll detail the charges and penalties for you. Disorderly Conduct in[...]
Texas law categorizes crimes as misdemeanors or felonies, then breaks each of those categories up into various levels of charges. Felonies alone are divided into six different levels. In this post, we will detail the different possible felony charges that you can find yourself up against in Texas, as well as the associated penalties. State[...]
Theft is one of the most common property crimes, but nevertheless is taken very seriously in the state of Texas. Even minor offenses can result in lengthy prison sentences, hefty fines, and additional civil penalties. Moreover, you’ll be left with a criminal record that will come back to haunt you long after any sentence[...]
There are three types of domestic violence that are recognized under Texas law. In this post we will explain each law and the associated penalties, and let you know what to do next if you are facing domestic violence charges in Texas. Domestic Assault Domestic assault is a threat or an act of violence against[...]
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[...]
If you have been charged with a DWI in Texas, don’t think that a conviction is certain. There are all kinds of ways that you may be able to beat your charges. Which is a good thing, because the consequences here can be quite severe. You can lose your license for a set period of[...]
Most of us are familiar with the sinking sensation that comes with seeing flashing red and blue lights in our rearview mirrors. If you’ve been drinking even a little prior to your traffic stop or are stopped at a sobriety checkpoint, this apprehension multiples – and for good reason. A Texas DWI can have life-changing[...]
What does it mean when you hear someone talking about family violence? How does it differ from domestic violence? Short answer: it doesn’t. Not really. They're essentially the same thing, just under a different name. However, Texas does also have a law called continuous violence against the family, and that is different. We’re going to[...]
If you get a DWI with a child in your vehicle, you could face serious charges under Texas law. In this post, we’re going to detail the law and penalties, then let you know what you can do to fight your charges. Drive Drunk with a Kid, Get Hit with Texas Child Endangerment Charges If[...]
If you have been accused of fraud, you may be wondering what your life will look like after the case ends. The fraud stories you may have seen on the news tend to involve big banks, celebrities, or corporations that deal in shady practices. They involve massive amounts of people and money, often spanning over[...]
If you are pulled over while you are driving, you may face searches or tests to make sure you are not driving under the influence of alcohol or drugs. Failing these tests can lead to criminal charges and even suffering the consequences of a conviction. There’s something you might not know, though – these tests[...]
If you are facing drug possession charges in Texas, you need to know the penalties you may be facing. Below, we will cover what the law says, the associated penalties, and possible defenses for your charges. Texas Drug Possession Laws The Texas Controlled Substances Act assigns penalties according to the type and amount of drug[...]
Getting a DWI doesn't cost the same for everyone – but in Texas they're always expensive. We’ll break down the potential costs for you in this post and tell you what the law says. Don’t Believe the Cost Hype… Or Maybe You Should Awhile back there was a TxDOT billboard near Austin proclaiming that a[...]
In the heat of the moment, we can all say and do things that we regret. Domestic violence situations often involve these regrettable actions. So do false domestic violence accusations. There are a handful of reasons why an alleged victim would report domestic violence, but before they know it, they are faced with testifying in[...]
In June, law enforcement agencies throughout Terry County and Lubbock County raided over a dozen locations to bust a major drug trafficking ring in West Texas. The raids were an effort headed by federal and state police to catch over a dozen individuals who had been involved in a conspiracy since January to move drugs.[...]
Sexual assault, commonly known as rape, is a quite-serious offense that can lead to decades of jail time, and potentially even life in prison for repeat offenders or extreme cases. Moreover, the stigma of being a convicted sex offender will follow you for the rest of your life. You will be required to register as[...]
For parents of younger children, Halloween is often one of the most fun holidays. Maybe you’ll get to see your child dressed up in a Halloween parade. Or get to see their amazed expressions as decorations go up around the neighborhood. It’s not quite the same with older adolescents and teens. While younger kids tend[...]
“You have the right to remain silent. Anything you say can and will be used against you…” We’ve all heard this phrase in movies and television, but how do these rights actually work in the real world? If you are arrested and law enforcement officers are asking you questions, will all of your answers be[...]
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[...]
In a recent court case, one Texas man was sentenced to 75 years based on family violence charges. If you are facing a family violence charge, should you be expecting something similar – or is his case an extreme one? What can you expect? Below, we’re going to explain the laws and penalties for Texas[...]
Recent field studies reveal that theft in the workplace is driven, in large part, by employees’ desires to “get even” with companies and managers who they feel mistreat them. Research also suggests that not being straight and disregarding their dignity are two big drivers in their desire to exact revenge. In other words, they steal[...]
Because any drug crime can technically be made into a federal case, it’s important to know when the federal government is interested making it one. In this article, we’re going to take a look at some examples of trafficking and go over the reasons why feds have taken an interest in these specific cases. Our[...]
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[...]
Being accused of shoplifting can be all kinds of things: embarrassing, scary, frustrating, insulting, confusing. No matter what you feel, though, you absolutely need to take the situation seriously. Why? Because in the state of Texas, charges can carry hefty fines and jail time depending on the specific circumstances. This may be difficult, but the[...]
Upon hearing the term “domestic violence,” most of probably imagine things we’ve seen in TV shows or movies. Usually couples where one is abusing the other. However, Texas domestic violence laws apply to more than just romantic couples. According to the Texas Penal Code (Title 5, Chapter 22, Section 22.01), domestic violence is the use[...]
With the election right around the corner, law enforcement officials are going to have their eyes peeled for any signs of possible voting fraud. Like the situation that recently sent a Fort Worth woman back to prison. What happened? She was on supervised release after a conviction for tax fraud when she voted in the[...]
Computers give us the ability to find an infinite amount of information with a single click. This is an incredible power to wield, and it has led to countless advances around the world. Unfortunately, not everyone seeks to use the power of computers for good. With every new advancement in computing technology, there are those[...]
If you’ve been convicted of a sex crime in Texas, you may have been required to register as a sex offender with the Department of Public Safety. This means that you’ve likely paid for your crime in more ways than one. Perhaps you’ve had difficulty finding employment. Or experienced harassment from neighbors. Or possibly even[...]
When it comes time to hire a private criminal attorney in Texas, there is no room for messing around. Even misdemeanor charges can result in lost wages, jail time, and a stain on your criminal record. Convictions add up, and they will only extend the amount of penalties if you are found guilty on[...]
Most people tend to use the terms “restraining order” and “protective order” to mean the same thing. Which makes sense. After all, both can be used to order one party not to contact or go near another, or near their family, home, work, or children’s school(s). However, this is where their similarities end. In this[...]
At first glance, Texas DWI cases appear to be pretty cut and dried. If you get tested and have a blood alcohol content (BAC) of .08 or above, you broke the law because you were too intoxicated to drive. You will be tried, and you will be convicted. Right? Maybe. Maybe not. You might have[...]
Driving under the influence of alcohol or drugs takes hundreds of lives each year – and those are just the numbers for our state. In the past few years, Texas law enforcement officials have experimented with different methods for reducing the amount of fatalities on the road. Extra vigilance and more DWI arrests seem to[...]
Every year, we celebrate New Year’s Eve with the intention and goal to start anew. To make ourselves better in the New Year. Unfortunately, if you were arrested for DWI over New Year’s, you may have to work even harder to keep your resolutions – and one of them had better change to “fight back[...]
Within days of his 2017 inauguration, the President had already drawn up and signed an executive order to strengthen the enforcement of U.S. immigration laws targeting immigrants deemed a threat to public safety, and particularly “aliens who engage in criminal conduct in the United States.” Houston Public Media reported less than a month later that[...]
Although there is much debate surrounding current probationary conditions and whether they are individualized enough to be effective for those re-entering the community, one thing is certain – every convicted felon in the Tarrant County Community Supervision program who violates their terms of probation becomes subject to additional penalties. The “terms” of probation are basically[...]
The short answer: It varies, but more likely than not, a long time. Take for instance an operation finally shut down last month involving drug traffickers with Mexican cartel ties. The Star Telegram reported that federal, state, and local authorities investigated nearly five years before finally moving in on a ring distributing narcotics in North[...]
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[...]
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[...]
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[...]
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[...]
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[...]
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[...]
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[...]
Private citizens can act as police officers when you least expect it. Texas’s law allows private citizens to help the police capture a person. Seems illogical, but it’s all legal. Therefore, you must beware of the vigilante; the person who is out for justice and will find it at any cost. This vigilante can arrest[...]
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[...]
Talking Can Lead To Trouble It is human nature to want to tell your side of the story. Talking is not always in your best interest. This is especially true if you have been charged with a crime or are under law enforcement suspicion of committing a crime. The only person you should be speaking[...]
The right to a trial by jury is inviolate. It is a personal right every person who is charged with a criminal offense enjoys. In Texas, that right may be waived in most cases. There is no magic formula to decide which is best for you. That decision must be made in close consultation with[...]
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[...]
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[...]
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[...]
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[...]
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[...]
According to federal prosecutors, a man attempted to smuggle almost $200,000 into the United States at Newark Liberty International Airport. Anthony Warner, a pilot from Dallas, arrived in Newark as passenger on a flight from India on January 10th. Airport security discovered $196,000 in undeclared cash wrapped in newspaper along with four pairs of earrings,[...]
Former governor and one-time 2016 presidential candidate Rick Perry visited the state’s highest criminal court recently for another salvo in his legal battle. What is the case against Perry all about? Abuse-of-power charges In August 2014, a grand jury in Travis County indicted Perry on two counts related to alleged abuse of power. The charges stemmed from[...]
On Wednesday September 23, 2015 a Fort Worth jury took all of about an hour to issue a unanimous judgment of “guilty” in the case of one Dondre Johnson, the owner of Johnson Family Mortuary. The guilty verdict was made in relation to two charges of theft against Johnson, who was accused of taking money for[...]
On July 31, 2015, a Fort Worth police officer—a veteran who had been on the force for 23 years, but has yet to be identified—shot an armed suspect near West 5th and Houston Streets in Fort Worth, Texas. According to news reports, the police officer has been placed on administrative leave pending an investigation. Police[...]
If you’ve been arrested or/and charged with aggravated assault in Texas, it is extremely important that you take very specific actions to protect yourself. Here are three things that you need to do after being arrested for aggravated assault in Texas: 1. Know Your Right to Remain Silent Perhaps the most important thing that you[...]
In a very interesting change of fate, Anthony Graves—who spent 20 years in prison for murders he did not commit, and 10 years on death row—was recently appointed to the board of the Houston Forensic Science Center. The Role of Houston’s Forensic Science Center The Houston Forensic Science Center, which was established in 2012, provides[...]
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[...]
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[...]
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[...]
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[...]
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[...]
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[...]
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[...]
The short answer: It varies, but more likely than not, a long time. Take for instance an operation finally shut down last month involving drug traffickers with Mexican cartel ties. The Star Telegram reported that federal, state, and local authorities investigated nearly five years before finally moving in on a ring distributing narcotics in North[...]
Although there is much debate surrounding current probationary conditions and whether they are individualized enough to be effective for those re-entering the community, one thing is certain – every convicted felon in the Tarrant County Community Supervision program who violates their terms of probation becomes subject to additional penalties. The “terms” of probation are basically[...]
Recent field studies reveal that theft in the workplace is driven, in large part, by employees’ desires to “get even” with companies and managers who they feel mistreat them. Research also suggests that not being straight and disregarding their dignity are two big drivers in their desire to exact revenge. In other words, they steal[...]
Every year, we celebrate New Year’s Eve with the intention and goal to start anew. To make ourselves better in the New Year. Unfortunately, if you were arrested for DWI over New Year’s, you may have to work even harder to keep your resolutions – and one of them had better change to “fight back[...]
Within days of his 2017 inauguration, the President had already drawn up and signed an executive order to strengthen the enforcement of U.S. immigration laws targeting immigrants deemed a threat to public safety, and particularly “aliens who engage in criminal conduct in the United States.” Houston Public Media reported less than a month later that[...]
Upon hearing the term “domestic violence,” most of probably imagine things we’ve seen in TV shows or movies. Usually couples where one is abusing the other. However, Texas domestic violence laws apply to more than just romantic couples. According to the Texas Penal Code (Title 5, Chapter 22, Section 22.01), domestic violence is the use[...]
Computers give us the ability to find an infinite amount of information with a single click. This is an incredible power to wield, and it has led to countless advances around the world. Unfortunately, not everyone seeks to use the power of computers for good. With every new advancement in computing technology, there are those[...]
If you’ve been convicted of a sex crime in Texas, you may have been required to register as a sex offender with the Department of Public Safety. This means that you’ve likely paid for your crime in more ways than one. Perhaps you’ve had difficulty finding employment. Or experienced harassment from neighbors. Or possibly even[...]
When it comes time to hire a private criminal attorney in Texas, there is no room for messing around. Even misdemeanor charges can result in lost wages, jail time, and a stain on your criminal record. Convictions add up, and they will only extend the amount of penalties if you are found guilty on[...]
Most people tend to use the terms “restraining order” and “protective order” to mean the same thing. Which makes sense. After all, both can be used to order one party not to contact or go near another, or near their family, home, work, or children’s school(s). However, this is where their similarities end. In this[...]
Being accused of shoplifting can be all kinds of things: embarrassing, scary, frustrating, insulting, confusing. No matter what you feel, though, you absolutely need to take the situation seriously. Why? Because in the state of Texas, charges can carry hefty fines and jail time depending on the specific circumstances. This may be difficult, but the[...]
At first glance, Texas DWI cases appear to be pretty cut and dried. If you get tested and have a blood alcohol content (BAC) of .08 or above, you broke the law because you were too intoxicated to drive. You will be tried, and you will be convicted. Right? Maybe. Maybe not. You might have[...]
Because any drug crime can technically be made into a federal case, it’s important to know when the federal government is interested making it one. In this article, we’re going to take a look at some examples of trafficking and go over the reasons why feds have taken an interest in these specific cases. Our[...]
In the heat of the moment, we can all say and do things that we regret. Domestic violence situations often involve these regrettable actions. So do false domestic violence accusations. There are a handful of reasons why an alleged victim would report domestic violence, but before they know it, they are faced with testifying in[...]
For parents of younger children, Halloween is often one of the most fun holidays. Maybe you’ll get to see your child dressed up in a Halloween parade. Or get to see their amazed expressions as decorations go up around the neighborhood. It’s not quite the same with older adolescents and teens. While younger kids tend[...]
With the election right around the corner, law enforcement officials are going to have their eyes peeled for any signs of possible voting fraud. Like the situation that recently sent a Fort Worth woman back to prison. What happened? She was on supervised release after a conviction for tax fraud when she voted in the[...]
Driving under the influence of alcohol or drugs takes hundreds of lives each year – and those are just the numbers for our state. In the past few years, Texas law enforcement officials have experimented with different methods for reducing the amount of fatalities on the road. Extra vigilance and more DWI arrests seem to[...]
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[...]
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[...]
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[...]
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[...]
There are many factors that go into charges and penalties for Texas drug crimes. Unfortunately, not all of these factors are fair to the offender. How so? There are many laws throughout Texas and the country at large that purposely and unfairly increase the penalties against people accused of using or dealing drugs. One of[...]
In a recent court case, one Texas man was sentenced to 75 years based on family violence charges. If you are facing a family violence charge, should you be expecting something similar – or is his case an extreme one? What can you expect? Below, we’re going to explain the laws and penalties for Texas[...]
So, you’ve been pulled over and arrested for driving while intoxicated. Whether you made an honest mistake or know that you were still capable of being behind the wheel, you want to fight your charges. After all, the penalties for DWI in Texas could cost you thousands and prevent you from driving for an inconveniently[...]
Theft is the most commonly prosecuted crime in Fort Worth criminal courts. Defined as the unlawful taking of another’s property, theft is an offense that can result in lengthy prison or probation sentences, as well as hefty fines. An important distinction to make with Texas theft charges is whether the offense (or offenses) in question[...]
“You have the right to remain silent. Anything you say can and will be used against you…” We’ve all heard this phrase in movies and television, but how do these rights actually work in the real world? If you are arrested and law enforcement officers are asking you questions, will all of your answers be[...]
Most of us are familiar with the sinking sensation that comes with seeing flashing red and blue lights in our rearview mirrors. If you’ve been drinking even a little prior to your traffic stop or are stopped at a sobriety checkpoint, this apprehension multiples – and for good reason. A Texas DWI can have life-changing[...]
In June, law enforcement agencies throughout Terry County and Lubbock County raided over a dozen locations to bust a major drug trafficking ring in West Texas. The raids were an effort headed by federal and state police to catch over a dozen individuals who had been involved in a conspiracy since January to move drugs.[...]
If you are pulled over while you are driving, you may face searches or tests to make sure you are not driving under the influence of alcohol or drugs. Failing these tests can lead to criminal charges and even suffering the consequences of a conviction. There’s something you might not know, though – these tests[...]
Sexual assault, commonly known as rape, is a quite-serious offense that can lead to decades of jail time, and potentially even life in prison for repeat offenders or extreme cases. Moreover, the stigma of being a convicted sex offender will follow you for the rest of your life. You will be required to register as[...]
If you have been accused of fraud, you may be wondering what your life will look like after the case ends. The fraud stories you may have seen on the news tend to involve big banks, celebrities, or corporations that deal in shady practices. They involve massive amounts of people and money, often spanning over[...]
What does it mean when you hear someone talking about family violence? How does it differ from domestic violence? Short answer: it doesn’t. Not really. They're essentially the same thing, just under a different name. However, Texas does also have a law called continuous violence against the family, and that is different. We’re going to[...]
Burglary covers several different kinds of theft under Texas law. In this post, we’ll detail the types of burglary, their penalties, and how you can get help if you are facing charges. Burglary as Defined by Texas Statute All burglary convictions in Texas will depend on this fact: an individual entered a private building, structure,[...]
The public intoxication law in Texas can be vague and confusing. How so? State law indicates that law enforcement officers can arrest a person on suspicion of public intoxication. However, the arrest can occur only if the drunk person is a danger to others or themselves. On New Year’s Day 2018, a Texas woman was[...]
If you get a DWI with a child in your vehicle, you could face serious charges under Texas law. In this post, we’re going to detail the law and penalties, then let you know what you can do to fight your charges. Drive Drunk with a Kid, Get Hit with Texas Child Endangerment Charges If[...]
If you are facing drug possession charges in Texas, you need to know the penalties you may be facing. Below, we will cover what the law says, the associated penalties, and possible defenses for your charges. Texas Drug Possession Laws The Texas Controlled Substances Act assigns penalties according to the type and amount of drug[...]
In Texas, you can be charged with drug trafficking even if you have never transported or distributed drugs. Below, we’re going to detail how our state’s drug trafficking and possession laws, and what you can do to fight back against your charges. Factors that Indicate Drug Trafficking Law enforcement officers in Texas consider several[...]
Getting a DWI doesn't cost the same for everyone – but in Texas they're always expensive. We’ll break down the potential costs for you in this post and tell you what the law says. Don’t Believe the Cost Hype… Or Maybe You Should Awhile back there was a TxDOT billboard near Austin proclaiming that a[...]
Were you recently charged with robbery in Texas? Do you want to learn how to defend yourself against the charges? In this post, we’re going to detail the Texas laws on robbery and explain common defenses that you may be able to use to fight your charges. Definition of Robbery in Texas According to the[...]
Texas law categorizes crimes as misdemeanors or felonies, then breaks each of those categories up into various levels of charges. Felonies alone are divided into six different levels. In this post, we will detail the different possible felony charges that you can find yourself up against in Texas, as well as the associated penalties. State[...]
Theft is one of the most common property crimes, but nevertheless is taken very seriously in the state of Texas. Even minor offenses can result in lengthy prison sentences, hefty fines, and additional civil penalties. Moreover, you’ll be left with a criminal record that will come back to haunt you long after any sentence[...]
There are three types of domestic violence that are recognized under Texas law. In this post we will explain each law and the associated penalties, and let you know what to do next if you are facing domestic violence charges in Texas. Domestic Assault Domestic assault is a threat or an act of violence against[...]
If you are facing drug trafficking charges in Texas, there are a number of defense strategies that a skilled attorney will know how to employ if they are right for your specific circumstances. In this post, we’re going to detail some of the most common defenses that are used to fight drug trafficking charges and[...]
If you have been charged with a DWI in Texas, don’t think that a conviction is certain. There are all kinds of ways that you may be able to beat your charges. Which is a good thing, because the consequences here can be quite severe. You can lose your license for a set period of[...]
If you have been charged with violating a protective order in Texas, you could face significant penalties. In this post, we’ll explain how protective orders work, what constitutes a violation, and what happens next if you have already been charged. How Protective Orders Work in Texas A protective order is serious, because it means that[...]
If you are facing theft charges in Texas, there are many defenses a qualified attorney may be able to use to fight your charges. In this post, we’ll detail the various strategies that may work in your case. Texas Theft Charge Defenses Theft is defined by Texas law as permanently depriving someone of the possession[...]
Many Texans will be celebrating St. Patrick’s Day with Irish food and green beer this year, but it’s important not to let your partying get out of hand, or you could potentially face two charges: disorderly conduct and public intoxication. In this post, we’ll detail the charges and penalties for you. Disorderly Conduct in[...]
If you’re facing an aggravated assault charge in Texas, you may wonder what the difference is between simple assault and aggravated assault. In this post, we’ll explain the difference and tell you what you can do to fight your charges. Texas Assault Charges Simple Assault In Texas, you can be charged with simple assault for[...]
Even though there are no specific marijuana cultivation laws in Texas at this time, don’t just assume that you can do it without any repercussions. In fact, if you are caught cultivating marijuana, penalties range from up to 180 days in jail and up to $2,000 in fines to life in prison and up to[...]
Domestic violence is an incredibly pervasive problem in our state, but if we ever want to truly stamp it out, it’s going to take more than putting offenders behind bars. We have to get to the root of the problem and work to alter behaviors that in some cases may have gone on for generations[...]
Charles McAllister, the majority owner of an Austin, Texas vault was recently charged with fraud and misuse of money that customers appropriated to him to buy gold, silver, and platinum on their behalf. In July 2015, hundreds of the investors learned that the bullion they thought they’d purchased had disappeared from two vaults in[...]
Are you or someone you know facing harassment charges in Texas? A conviction can have long lasting consequences that you will want to avoid, including the potential of fines and jail time. Harassment can take several different forms under Texas law. Texas Penal Code §42.07 states that an individual commits the offense of harassment when[...]
Getting a Texas DWI is a big deal, but there are far worse situations you can find yourself in. Recently, a man tried to avoid getting pulled over for a DWI by leading police on a high-speed chase and got a lot more than he bargained for. What happened? Rueben Prado Vargas, 28, was arrested[...]
If you are arrested on assault charges in Texas, it is important to understand the legal process that you will have to go through. This way, you’ll be more prepared at each step of the journey and give yourself a better chance of achieving a positive outcome. Below, you’ll find a step-by-step walkthrough of the[...]
Inventory loss is a significant cost for any retailer, especially around the holidays. For this reason, retailers large and small increase store security during the Christmas season, and are likely to prosecute even minor shoplifting offenses. If you are facing Texas shoplifting charges after this holiday season, it is important to take the matter seriously[...]
A driving while intoxicated (DWI) conviction is life-changing no matter how it is charged, as you will face long probationary periods, suspension of your driver’s license, and the long-term consequences of having a criminal record. However, when a DWI is charged as a felony-level offense, these consequences are much more grievous. Felony-level DWI offenses are[...]
Can you be charged with burglary even if you didn’t enter a building or commit the actual act? The answer, surprisingly, is yes… if the jury determines that you were the mastermind behind the burglary. Recently, one Texas woman was not only charged, but convicted and sentenced to 25 years in prison. Below we’re going[...]
Texas has some of the harshest penalties in the nation for drug possession. If convicted, you could face years in prison and hefty fines for even small amounts of controlled substances. Moreover, you will be left with a criminal record that can come back to haunt you for the rest of your life. However, not[...]
A common myth this time of year is that domestic violence rates spike during the season between Thanksgiving and New Year’s Day. However, the facts point to the contrary. Below, we’ll explain the reasons why and what Texas law states about domestic violence. ‘Tis the Season to Be Stressed… But are We Also More Violent?[...]
If you or your child are facing a minor in possession charge in Texas, you need to understand what the law says and what penalties are associated with a conviction. Below, we’re going to discuss what the law says and how an experienced Fort Worth criminal attorney can help you. The Texas Minor in Possession[...]
Probation is often offered as an alternative to a jail sentence, or in combination with a much shorter jail sentence than you would otherwise face. Under probation, you are allowed to remain free, but must follow procedures and policies outlined by the community supervision department. Violating your probation comes with serious consequences, which could include[...]
When you’re a teen or young adult, emotions tend to run high. Sometimes, it does not take a whole lot to make you angry. Physical altercations even come easier because juveniles often act without really thinking things through. Obviously, if a juvenile breaks the law, they need to face consequences. However, that should not be[...]
If you have been charged with shoplifting in Texas, you may wonder what penalties you may face if convicted. Here is a guide to everything you need to know about shoplifting charges in Texas, and what defenses may be used to help you. What the Texas Statutes Say about Shoplifting Texas Penal Code §31.03 addresses[...]
Drinking and driving is a problem in our country and here in Texas, but that problem might now be getting bigger due to funding being cut from a program aimed at helping repeat DWI offenders get sober. Last week, we discussed some of the diversion programs offered by Tarrant County to rehabilitate offenders and help[...]
Alexander Pope wrote, “To err is human.” Which is true – we all make mistakes. Most of the time, we learn from our mistakes and continue on with our lives. Sometimes, however, our mistakes follow us around wherever we go. When you are arrested, charged, or convicted of a crime, it shows up on your[...]
If you are charged with a crime, you probably expect the consequences to include jail, probation, expensive fines, a major disruption to your life, or a combination of all those things. Here in Tarrant County, though, depending on the crime you have been accused of, you might be eligible to participate in a special diversion[...]
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[...]
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[...]
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[...]
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[...]
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[...]
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[...]
Texas takes drug offenses very seriously, and if you’re caught possessing, distributing, selling, manufacturing, or trafficking drugs, you could be facing severe penalties. The penalties for drug crimes, however, depend on two major components: the type of drug in question and the amount of drugs that you are caught with. On Thursday, August 17, 2017,[...]
As a Texas resident, you should be aware that the Lone Star State has some of the harshest drunk driving penalties in the nation, ranking 13th overall. This information comes from a new report by WalletHub, which finds that, while Texas ranks behind other conservative states such as Arizona, Oklahoma, and Kansas, our drunk driving[...]
For many Texans, football is life. If you’re a fan of football in our state, there’s a good chance you’re also a fan of America’s team – the Dallas Cowboys. Which means you’re probably reeling at the possibility of not seeing star running back Ezekiel Elliott on the field for the beginning of the 2017[...]
Recently in Irving, Texas, a man allegedly entered a check cashing establishment in an attempted robbery. Instead of simply robbing the place, the man allegedly took a female employee hostage and held her at gunpoint. Dramatic video shows the police in a standoff with the suspect who appears to be holding a woman with his[...]
Private citizens can act as police officers when you least expect it. Texas’s law allows private citizens to help the police capture a person. Seems illogical, but it’s all legal. Therefore, you must beware of the vigilante; the person who is out for justice and will find it at any cost. This vigilante can arrest[...]
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[...]
Talking Can Lead To Trouble It is human nature to want to tell your side of the story. Talking is not always in your best interest. This is especially true if you have been charged with a crime or are under law enforcement suspicion of committing a crime. The only person you should be speaking[...]
The right to a trial by jury is inviolate. It is a personal right every person who is charged with a criminal offense enjoys. In Texas, that right may be waived in most cases. There is no magic formula to decide which is best for you. That decision must be made in close consultation with[...]
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[...]
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[...]
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[...]
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[...]
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[...]
According to federal prosecutors, a man attempted to smuggle almost $200,000 into the United States at Newark Liberty International Airport. Anthony Warner, a pilot from Dallas, arrived in Newark as passenger on a flight from India on January 10th. Airport security discovered $196,000 in undeclared cash wrapped in newspaper along with four pairs of earrings,[...]
Former governor and one-time 2016 presidential candidate Rick Perry visited the state’s highest criminal court recently for another salvo in his legal battle. What is the case against Perry all about? Abuse-of-power charges In August 2014, a grand jury in Travis County indicted Perry on two counts related to alleged abuse of power. The charges stemmed from[...]
On Wednesday September 23, 2015 a Fort Worth jury took all of about an hour to issue a unanimous judgment of “guilty” in the case of one Dondre Johnson, the owner of Johnson Family Mortuary. The guilty verdict was made in relation to two charges of theft against Johnson, who was accused of taking money for[...]
On July 31, 2015, a Fort Worth police officer—a veteran who had been on the force for 23 years, but has yet to be identified—shot an armed suspect near West 5th and Houston Streets in Fort Worth, Texas. According to news reports, the police officer has been placed on administrative leave pending an investigation. Police[...]
If you’ve been arrested or/and charged with aggravated assault in Texas, it is extremely important that you take very specific actions to protect yourself. Here are three things that you need to do after being arrested for aggravated assault in Texas: 1. Know Your Right to Remain Silent Perhaps the most important thing that you[...]
In a very interesting change of fate, Anthony Graves—who spent 20 years in prison for murders he did not commit, and 10 years on death row—was recently appointed to the board of the Houston Forensic Science Center. The Role of Houston’s Forensic Science Center The Houston Forensic Science Center, which was established in 2012, provides[...]
