Category: Criminal Defense

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

By: Brandon Fulgham

Criminal Defense | Miranda Rights

“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 evidence used against you? If you are pulled over for possibly driving under the influence, will your silence get you off free?

Let’s explore Miranda rights and how they work in Texas when you interact with law enforcement.

What Are Miranda Rights?

Miranda vs. Arizona was a Supreme Court case that looked at the conviction of Ernesto Miranda. Miranda was unaware that he could invoke [...]

Types of Felony Charges and Penalties in Texas

By: Brandon Fulgham

Criminal Defense | Felonies

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 Jail Felony

Penalties:

• State jail sentence of 180 days to 2 years
• A fine of up to $10,000

Examples include:

• Theft of property valued between $1,500 and $20,000
• Theft of a firearm
• Abuse of debit or credit cards
• Possession of less than one gram of a Schedule 1 drug

A state jail felony is the default charge for crimes identified as felonies but without specific [...]

What to Expect after Getting a Texas Assault Charge

By: Brandon Fulgham

Assault | Criminal Defense

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 [...]

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

By: Brandon Fulgham

Criminal Defense | Sex Crimes

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

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

Sex Crimes in Texas and How They are Defined

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

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

By: Brandon Fulgham

Criminal Defense | Robbery

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 arm wrapped around her neck. The video, captured by a man who used his cell phone to film the incident, shows the suspect turn to his left. When he turns, he keeps the hostage in front of him. Turning was the fatal mistake. An officer discharged his duty weapon in the use of deadly force immediately when the hostage was not in the line of [...]

Beware of the Private Citizen: Vigilantes & Citizens’ Arrest

By: Brandon Fulgham

Citizens Arrest | Criminal Defense

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 you as long as he plays by the same rules by which the police must play. If they do not, what can happen? Fort Worth criminal defense attorney Brandon Fulgham knows that when ordinary citizens stick their nose where it does not belong, good things can happen for his clients.

If police violate a person’s constitutional rights, then the evidence obtained in violation of those [...]