Category: Assault

Jan 18
2018

What to Expect after Getting a Texas Assault Charge

By: Brandon Fulgham

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 legal process following your arrest for assault.

Appearing before a judge

Within 48 hours of the arrest, you will appear before a magistrate, or judge, who will read you the charges and inform you of certain rights, such as your right to remain silent and your right to an attorney.

It is impossible to stress enough the importance of retaining experienced legal counsel as [...]

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Oct 13
2017

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 [...]

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Apr 25
2016

Three Things You Need to Do Right After Being Arrested for Aggravated Assault in Texas

By: Brandon Fulgham

Aggravated Assault | Assault

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 need to know both at the time of your arrest and during any criminal proceedings is your fifth amendment right to not answer for a crime (unless indicted by a grand jury to do so). As such, when you’re arrested, the most information that you should provide police officers is your name; wait until speaking with an attorney to say anything else, and never make

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Feb 21
2018

No Texas Law against Growing Marijuana… But It’s Still a Crime

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[...]

Feb 2
2018

Acts That Can Lead to a Texas Harassment Charge

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[...]

Jun 15
2018

Types of Burglary Covered Under Texas Law

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,[...]

Nov 15
2017

Everything You Need to Know about Texas Shoplifting Laws

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[...]

Jun 7
2018

What You Need to Know about the Public Intoxication Laws in Texas

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[...]

Jan 18
2018

What to Expect after Getting a Texas Assault Charge

Nov 1
2017

Do You Qualify to Have Your Texas Criminal Record Sealed or Expunged?

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[...]

Mar 21
2018

What You Need to Know about Violating a Texas Protective Order

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[...]

Sep 19
2018

When Is Sexting Illegal in Texas?

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[...]

Feb 7
2018

22 Fraudulent Acts Covered Under the State Laws of Texas

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[...]

Sep 7
2017

For Texas Drug Charges, the Type of Drug Matters a Lot

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,[...]

Sep 20
2017

When Can You be Charged with Theft in Texas?

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[...]

Jan 12
2018

How to Fight Back If You Got a Texas Shoplifting Charge This Christmas

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[...]

Oct 17
2017

Get a Second Chance with the First Time Drug Offenders Program

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[...]

Aug 1
2017

Using Deadly Force In Defense Of Another Is Not A Crime in Texas

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[...]

Aug 30
2018

What Every Texan Should Know about Drug-Free Zones

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[...]

May 4
2018

How to Fight a Texas Robbery Charge

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[...]

Aug 25
2017

Texas Drunk Driving Penalties 13th Strictest in the Nation

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[...]

Dec 22
2017

How to Fight Texas Drug Possession Charges

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[...]

Sep 14
2017

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

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[...]

Sep 28
2017

How to Defend against Texas Insurance Fraud Charges

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[...]

Mar 16
2018

Theft Defense Strategies: How to Fight Back against Texas Charges

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[...]

Oct 26
2017

What Help You Can Expect from Tarrant County Diversion Programs

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[...]

Aug 16
2018

You’re Arrested for DWI in Tarrant County – What Happens Next?

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[...]

Aug 13
2018

Texas Theft Charges: The Difference between Misdemeanors and Felonies

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[...]

Oct 13
2017

Why Battery Is Actually Charged as Assault in Texas

Sep 7
2018

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

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[...]

May 17
2018

How Possession Can Be Charged as Drug Trafficking in Texas

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[...]

Dec 28
2017

In Texas, Masterminding a Burglary Is Still Burglary

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[...]

Oct 4
2017

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

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[...]

Nov 24
2017

How YODA Helps Tarrant County Juveniles Who Have Been Charged

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[...]

Jan 5
2018

DWI: When Is Driving Intoxicated a Felony in Texas?

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[...]

Nov 30
2017

Common Reasons Texans are Charged with Violating Their Probation

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[...]

Dec 14
2017

No, Domestic Violence Does Not “Spike” in Texas Over the Holidays

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?[...]

Aug 24
2017

What You Can Learn from Ezekiel Elliott’s Domestic Violence “Defense”

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[...]

Jan 25
2018

What Not to Do If a Texas Cop Tries to Pull You Over for DWI

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[...]

Apr 26
2018

Types of Felony Charges and Penalties in Texas

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[...]

Nov 8
2017

Ft. Worth DWI Program’s Death Makes Fighting Back Even More Important

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[...]

Feb 18
2018

Why Domestic Violence is Such a Pervasive Problem in Texas

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[...]

Apr 5
2018

Defense Strategies That Can Help with Texas Drug Trafficking Charges

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[...]

Apr 13
2018

3 Types of Domestic Violence in Texas

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[...]

Mar 2
2018

Why are You Facing a Texas Aggravated Assault Charge?

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[...]

Dec 8
2017

What It Means to Face a Texas Minor in Possession Charge

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[...]

Jun 21
2018

Family Violence vs. Domestic Violence in Texas

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[...]

Mar 8
2018

Don’t Get a Texas Disorderly Conduct Charge This St. Paddy’s Day

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[...]

Jul 26
2018

Should Texans Blow into a Breathalyzer If Pulled Over for DWI?

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[...]

Jun 29
2018

How Serious are Fraud Penalties in Texas?

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[...]

Apr 22
2018

How Serious are the Penalties for Theft in Texas?

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[...]

Mar 29
2018

A Texas DWI Charge Is Not a Conviction

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[...]

Jun 3
2018

What Happens in Texas If You Get a DWI While Driving a Child?

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[...]

Jan 17
2019

Penalties You Face for Violating Your Probation in Tarrant County

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[...]

Jul 13
2018

Why You Should Never Take a Texas Field Sobriety Test

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[...]

Oct 25
2018

Can an Alleged Victim Drop Domestic Violence Charges in Texas?

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[...]

Jul 19
2018

What the 20 Charged in West Texas Drug Trafficking Ring are Up against

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.[...]

May 8
2018

Texas DWI Charge? How Much It Could Cost You

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[...]

May 23
2018

Penalties Associated with Texas Drug Possession Charges

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[...]

Jan 10
2019

Workplace Theft in Texas: Your Boss Says You Stole – What Now?

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[...]

Jul 3
2018

Strategies Lawyers Use to Fight Texas Sexual Assault Charges

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[...]

Sep 27
2018

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

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[...]

Oct 15
2018

Will Your Texas Teen Be Arrested This Halloween?

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[...]

Sep 13
2018

Why Criminal Diversion Programs are Good for Everyone in Texas

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[...]

Nov 14
2018

How Texans Should Respond to Accusations of Shoplifting

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[...]

Aug 1
2018

Texans’ Right to Remain Silent – How Miranda Rights Really Work

“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[...]

Aug 27
2018

Texas Man Gets 75 Years for Family Violence – What Can You Expect?

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[...]

Nov 1
2018

What Makes Drug Trafficking in Texas into a Federal Case?

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[...]

Dec 6
2018

Your Guide to Removing Yourself from the Texas Sex Offender Registry

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[...]

Dec 21
2018

Strategies That Can Help You Fight Family Violence Charges in Texas

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[...]

Dec 11
2018

Everything You Need to Know about Computer Crimes in Texas

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[...]

Nov 26
2018

Differences Between Restraining and Protective Orders in Texas

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[...]

Oct 12
2018

Voting in Texas: How to Avoid Unintentional Fraud Charges

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[...]

Nov 29
2018

What Makes a Good Texas Criminal Attorney?

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[...]

Nov 8
2018

How Can Breath Tests Be Wrong in Texas? Let’s Count the Ways

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[...]

Oct 4
2018

These Factors Can Impact Whether or Not Texans Get a DWI

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[...]

Jan 4
2019

You Were One of Many Texans Arrested for a New Year’s DWI – Now What?

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[...]

Dec 27
2018

Get Convicted of a Texas Drug Crime, Face Deportation

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[...]

Jan 23
2019

How Long Do Drug Trafficking Investigations Take in Texas?

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[...]

Feb 15
2019

These Offenses Are Considered Property Crimes Under Texas Law

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[...]

Mar 8
2019

What You Should Know about Texas Human Trafficking Laws

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[...]

Feb 8
2019

Can Technology Keep You from Getting a Texas DWI?

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[...]

Feb 22
2019

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

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[...]

Feb 1
2019

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

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[...]

Mar 17
2019

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

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[...]

Apr 5
2019

What Texans Need to Know about Injury to a Child Charges

Injury to a child in this state is taken seriously – Texas law is direct and highly punitive. Take a Conroe man convicted in a severe child abuse trial by jury on two counts of injury to a child earlier this year. The offenses were against two toddlers, who sustained multiple injuries including severe head[...]

Mar 22
2019

Texas Sex Crimes Charged as Misdemeanor Offenses

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[...]

Mar 1
2019

Actions That Texas Considers 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[...]

Apr 12
2019

What You Should Know about Felony Domestic Violence in Texas

In the past, many domestic violence charges could be – and often were – dropped altogether. That changed with the latest round of Texas criminal justice reforms, which automatically charge repeat domestic violence offenders with a felony, making it more important than ever to fight back. Today’s post provides the basics about domestic violence, what[...]

Apr 19
2019

When Prescription Drugs Can Get You Charged with a Crime in Texas

When we think of “drugs,” we typically think of two types: controlled substances (illegal drugs like marijuana and cocaine) and prescription drugs. In the eyes of the law, these two types of drugs aren’t always so different. There are many scenarios where people can be arrested and charged with a crime even if they are[...]

Apr 25
2019

Resisting Arrest in Texas: What Does It Mean?

Being put under arrest is unpleasant, yes, but it is common knowledge that resisting can leave you open to further charges – namely “resisting arrest.” The key phrase here is “further charges.” If you are already being arrested for something – whether or not you believe you are guilty – the last thing you want[...]

Mar 28
2019

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

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[...]

May 26
2019

How Texas Penalty Groups Impact Drug Possession Charges

According to the Texas Controlled Substances Act, when a prosecutor can prove beyond a reasonable doubt that you intentionally possessed or controlled the possession of illicit drugs without a valid prescription and not for medical use, you will likely be convicted on drug possession charges. Generally, drugs are divided into five penalty groups – Penalty[...]

May 6
2019

Fighting Back against Texas Probation Violation Charges

A probation violation is an offense occurring when you break any of the conditions a court assigned in conjunction with your probation. While there are no official procedures for what happens immediately after a defendant violates probation, officers have wide discretion for how they’d like to handle the offense. Next steps usually depend on the[...]

May 9
2019

Commit These Crimes, Go on the Texas Sex Offender Registry

While the Texas Sex Offender Registry was created to inform and protect the public at large, registering can negatively impact nearly every aspect of an offender’s life. To ensure some semblance of normalcy and quality of life after conviction, sex offenders must understand exactly how registration works and how long they are required to stay[...]

May 31
2019

Different Types of Burglary Charges You Can Face in Texas

Texas law generally defines burglary as the unlawful entry into any public or private structure with an intent to commit any felony, theft, or other kind of assault while inside. Even when a person has initially entered the premises lawfully, if they remain in the structure beyond the time they are welcomed (if a store[...]

Jun 5
2019

Texas Forgery Charges? What You Need to Know

Perhaps that’s understandable since there are 22 different ways the Texas government says someone can commit fraud. Forgery is just one. So, what is forgery, legally speaking? The Texas Penal Code defines forgery as “the alteration, manufacture, execution, or authentication of any writing such that it purports to be the act of another who did[...]

May 18
2019

Could Your Teen Be Charged with a Texas DWI This Prom Season?

Juvenile drinking and driving have a high potential for serious crashes that could result in severe injuries and even death. Sadly, most kids neither have the history nor knowledge of all the things that might go wrong when they get behind the wheel drunk. Many of them are also so naïve that they believe bad[...]

Jun 20
2019

Texas Domestic Violence Charges – There Are Ways to Fight Back

Despite the toughest round of Texas Domestic Violence reform yet, the courts understand the nature of these cases is usually complex. Judges maintain wide discretion when evaluating domestic violence charges, and often consider the impact their decisions can have upon the entire family unit. An experienced Fort Worth domestic violence defense attorney can review your[...]

Jun 14
2019

Your Guide to Texas Arson Laws

Our city currently employs a response team of nearly two dozen on its arson and bomb squad. They process crime scenes, perform case follow-up, provide expert testimony, and work with a K9 unit on a 24-hour a day rotation, investigating fire incidents around the Ft. Worth area. Every member of this team is a state-certified[...]

Jul 3
2019

Sex Trafficking in Texas: How the Law Works

It’s been more than a decade since Texas turned its focus to sex trafficking inside U.S. borders. In recent months, the effects seem to be reaching the streets. Take one offender, convicted of human trafficking for associating with traffickers - he’s currently facing five life sentences. His conviction comes on the tail of Gov. Greg[...]

Jun 28
2019

Vehicular Manslaughter in Texas: What You Should Know

The Fourth of July holiday is coming up. In addition to being known for barbeques and fireworks, this holiday is notorious for DWI and serious car accidents. The grief does not end with an accident. Criminal charges can follow you for months or even years. Take the legal proceedings regarding a man in Solano County,[...]

Jul 13
2019

Mandatory Minimums for Texas Drug Trafficking Convictions?

In Texas, sentencing for drug trafficking crimes at the state level is still left up to the discretion of the judge who hears your case. Based on criminal history and any mitigating or aggravating factors, the right Ft. Worth drug trafficking defense attorney may be able to negotiate your sentence down to the lower end[...]

Jul 18
2019

Facing Texas MIP Charges? How to Fight Back

Texas underage drinking laws can sometimes be unfairly applied. A good case-in-point? The various circumstances that can lead to a minor being charged with MIP -- Minor in Possession -- without ever drinking a drop. Texas MIP laws say it’s illegal for any person under 21-years-old to possess, buy or consume alcohol; or to intentionally[...]

Aug 1
2017

Beware of the Private Citizen: Vigilantes & Citizens’ Arrest

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[...]

Apr 25
2016

Can Juveniles Be Tried As Adults in Texas?

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[...]

Jul 25
2017

Talking Can Lead to Trouble: Exercise Your Right to Remain Silent

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[...]

Jul 25
2017

Should You Take Your Chances With A Jury?

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[...]

Apr 25
2016

Texas Law Enforcement Devotes Resources To Stopping Human Trafficking

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[...]

Apr 25
2016

Ethan Couch And The Juvenile Justice System In Texas

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[...]

Apr 25
2016

Can A Police Officer Make An Arrest Without A Warrant?

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[...]

Apr 25
2016

Failure To Identify Yourself After An Accident Is A Serious Crime in Texas

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[...]

Apr 25
2016

Area Man Gets Life in Prison After 10th DWI

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[...]

Apr 25
2016

Dallas Pilot Accused of Smuggling $200,000

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,[...]

Apr 25
2016

Rick Perry, Legal Team Argue for Dismissal of Remaining Criminal Counts

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[...]

Apr 25
2016

Fort Worth Mortuary Owner Convicted of Theft

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[...]

Apr 25
2016

Fort Worth Police Fatally Shoot Armed Man Responding to Fight

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[...]

Apr 25
2016

Three Things You Need to Do Right After Being Arrested for Aggravated Assault in Texas

Apr 25
2016

Houston Forensic Science Center Gets New Board Member

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[...]