False confessions are a significant problem in the criminal justice system. Despite the widespread belief that people only confess to crimes they have committed, research shows that false confessions occur more often than we might think. Today, we will discuss factors contributing to this troubling phenomenon. Please be advised that if you are ever charged with a criminal offense, it is in your best interest to contact a criminal defense attorney as soon as possible to ensure you know your rights and understand the best way to handle the situation.

Four Reasons Why False Confessions Occur 

A false confession occurs when an innocent person admits to committing a crime they did not commit. False confessions can happen for various reasons, but research shows that some factors make people vulnerable to making false statements. Some of the reasons that can lead to a false confession include the following:

• Coercive interrogation techniques – Police officers may use aggressive interrogation techniques, such as withholding food, water, sleep, and physical force, to elicit a confession from a suspect. This is not overly common but can happen, and as a result, a false confession may occur. 

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It is well known that in Texas, the Second Amendment and the right to bear arms is a right that is passionately believed in and defended by many Texans, which is why many individuals own firearms. However, many citizens remain unclear regarding whether a citizen can lawfully discharge a firearm to protect their property from an outside threat. In Texas, the right to use force to defend property is limited and governed by the “castle doctrine.” The castle doctrine is a legal concept that says a person has the right to use deadly force to protect their home or property from an intruder. This means that if someone is illegally on your property and you believe they are there to cause harm, you may use force to protect yourself and your family.

However, there are essential considerations to bear in mind before you open fire on someone who is on your property illegally. Today, we are going to take a look at what some of those considerations are. If you have been charged with a crime for using deadly force on someone on your property illegally, contact an experienced criminal defense attorney who can ensure your rights remain protected and respected as you move through the legal process.

When is Deadly Force Allowed, and When is it Not? 

It is important to remember that the right to protect your property using deadly force is not absolute, and specific circumstances must be met before using deadly force is considered justifiable. For example, the intruder must have been acting illegally, and you must have had reasonable belief that the intruder posed an imminent threat of serious harm to you and your property. On the other hand, if the intruder was trespassing and not posing an immediate threat, the use of deadly force might not be justified. 

Murder is, arguably, the most severe offense someone can be charged with within the entire United States. If convicted, offenders may spend the rest of their lives in prison or even be put to death. In addition, defendants in murder cases are often at somewhat of a disadvantage against the legal system, as those charged with murder are often considered guilty in the public opinion before they even stand trial. As a result, defending against a murder charge is no small task. 

If you have been charged with murder, understand the legal jeopardy you are currently in. To successfully beat murder charges, you must obtain masterful legal counsel to help create reasonable doubt in the jurors' minds. Without such legal representation, you may permanently lose your freedoms and possibly even your life. While defending against murder charges is not easy, it is not impossible either. This blog will address different defenses that, if applied appropriately, may be enough to acquit you, thereby giving you back your freedom. 

What Are Some Possible Defenses Against a Murder Charge? 

The prosecution in murder cases is often notoriously aggressive. However, depending on your situation, there may be different defenses that your legal counsel may implement to create reasonable doubt in the minds of the jury. Possible defenses include the following: 

We have heard it said many times: never post anything online that you would not be comfortable with your mom or dad reading. Unfortunately, many people, particularly young adults and teenagers forget that once you post something online, it is there to stay. Even if you delete a post, there is still a high chance that whatever you wrote was seen by at least a few people. It is important to remember that online interactions with others can carry severe consequences, both in your personal life and legally. 

Juveniles who engage in forms of online harassment or cyberbullying may quickly find themselves facing charges for things they have said online to others. Therefore, it is vital that if you or your underage child has been charged with online harassment or cyberbullying, strongly consider contacting a criminal defense attorney who will work to ensure your rights remain protected and that an outcome in your or your child’s favor can be pursued diligently. 

So, What Is Cyberbullying?

As far as online harassment and cyberbullying are concerned, the law is still, in many ways playing catch-up with technology. Specifically, in Texas, only a few laws target and address issues like cyberbullying and online harassment. However, prosecutors have found ways to use other laws to land convictions against perpetrators of these types of crimes. 

It is without a doubt that feelings, beliefs, and policies towards marijuana are changing rapidly across the country. While many states are choosing to legalize the substance, the federal government still classifies it as a Schedule I drug and it remains, therefore, federally illegal. While it is true that many states are changing their tone regarding marijuana, one state that has yet to change its tone is Texas. In Texas, illegal drugs such as marijuana, are considered to be a controlled substance. As a result, in Texas, possessing marijuana is a crime, regardless of how small the amount. 

If you live in Texas and have been charged with a marijuana-related offense, please understand that Texas takes all marijuana-related offenses with the utmost seriousness. As a result, you would be wise to contact a knowledgeable criminal defense attorney to help ensure your rights remain protected and a positive outcome can be achieved in your case. 

Penalties for Marijuana Possession

When it comes to Marijuana possession in Texas, what matters most is the specific quantity of what you possessed at the time of your arrest, as well as the type of marijuana. For instance, if you were arrested for possessing two or less ounces of marijuana, this is a misdemeanor offense, which can land you in jail for up to 180 days with a fine of up to $2,000. If you are arrested and possess one gram or less of hash or another form of marijuana concentrate, this escalates the charge to the lowest class of felony, which can carry a jail sentence of up to two years and a fine of up to $10,000. It is important to understand that penalties for possession increase depending on how much marijuana you possessed, and whether it was marijuana flower, or a THC concentrate like hash. 

We have heard it since we were teenagers: One mistake can ruin your life. Indeed, being arrested, charged, or convicted of a felony or misdemeanor can leave you with a criminal record and have terrible consequences that can follow you for the rest of your life. However, depending on your offenses, you may be eligible for an expunction if you live in Texas and currently have a criminal record. Expunction is the permanent removal of a crime from your criminal record. In this blog, we will look at what expunction is and how to know if you are eligible.

If you are interested in learning whether your criminal record is eligible for expunction, contacting an experienced attorney who is familiar with expunction in Texas and has secured expunction for clients in the past can be an excellent first step towards erasing your criminal record once and for all.

What Qualifies for Expunction in Texas?

In Texas, not all criminal records are eligible for expunction. Records eligible for expunction typically include the following: 

Most parents’ worst nightmare is to hear their child has been arrested. Many parents work tirelessly to ensure their child is raised correctly and follows the law. Unfortunately, in life, few things ever go according to plan. When a child is arrested, they are typically tried as a juvenile. However, a child may be tried as an adult in certain situations. 

Being tried in adult court means the child will be held to the same legal standard as an adult. The child could face severe criminal penalties. Generally, if a child is being tried as an adult, they allegedly committed an act so heinous that a juvenile court no longer protects the child. If your child has been arrested and charged as an adult, understand that they are in extreme legal jeopardy. Contact an experienced juvenile defense attorney who will ensure that your child’s rights remain protected and that they are afforded the best legal counsel possible to pursue the most favorable outcome possible in your child’s favor. 

When Can a Juvenile Be Tried as an Adult? 

If a minor is at least 14 years of age, they may be referred to the adult court system if their case warrants it. When a minor is transferred to the adult court system, a judge may issue a juvenile waiver. Essentially, a judicial waiver waives the protections that the juvenile court system provides.

Being charged with a crime can fill you with a cascade of emotions, including fear, anger, and frustration. This is especially true if you have been charged with a violent crime like sexual assault. A sexual assault charge is enormously serious, carrying stiff penalties including significant fines and prolonged prison sentences. Therefore, while it may be true that being charged with such a crime can cause you to feel strong emotions, you must operate with the utmost caution. 

As with many crimes, there is a certain protocol you should follow if facing severe criminal charges. You do not want to put yourself in a worse situation than you are already in. If you have been charged with a violent crime like sexual assault, do not hesitate to contact an attorney who will passionately protect your rights and work to pursue a positive outcome in your case. 

You Have Been Arrested, Now What?

Suppose the police arrive at your doorstep and state you are under arrest. Remain silent and do not resist arrest. The worst thing you could do would be to start resisting arrest or speaking to the police and giving your side of the story. You may incriminate yourself without even knowing it or meaning to. The police may try to coax you into giving them incriminating information. Remember, under the fifth amendment in the United States Constitution, you have the right not to self-incriminate. Exercise this right. 

Regardless of if you have been driving for 10 years or 20 years, driving takes a lot of concentration. Unfortunately, as our society becomes more digitized and our cell phone rarely leaves our grasp, traffic violations involving cell phone use have become common.

If you live in Texas and have been charged with distracted driving, consult with an experienced attorney skillful in working in cases that involve distracted driving. 

Distracted Driving Laws in Texas 

Across the United States, 48 states, including Texas, have explicitly banned texting while driving. In Texas, texting and driving is a misdemeanor, which means a conviction will create a criminal record. You may also be subject to a fine of $25 to $99 if it is your first offense. A repeat offender can be fined up to $200. If you text while driving and cause an injury or death, that fine is increased to $4,000, including the possibility of jail time. 

 Texans tend to be very proud of their right to keep and bear arms, as is defined under the Constitution’s Second Amendment and Texas state law. Texas has some of the more forgiving laws in the United States regarding weapons possession and the practice of open-carry firearms, which is why it can be shocking when someone finds themselves charged with a weapons violation. Contrary to popular belief, you can still find yourself in legal hot water for possessing or using a firearm, even in Texas.

Anyone charged with a weapons violation in Texas must take the charge seriously. Weapon violations are serious offenses, and failing to take the situation seriously can subject an individual to unfavorable consequences. Therefore, if you have been charged with a weapons violation in Texas, it is a good idea to pursue legal guidance as soon as possible to pursue a favorable outcome. 

Basic Gun Laws in Texas

Under Texas law, anyone 18 years of age or older without a felony on their record may own a firearm. If you are interested in purchasing a handgun from a licensed dealer, you must be at least 21. If you successfully complete a training course, you can become eligible to receive a license to carry, otherwise known as an LTC, which allows you to wear a pistol openly in a shoulder holster or belt. 

The Texas Family Law Code categorizes family violence as an act committed by a family or household member that inflicts harm, assault, physical injury, or causes the person to fear impending harm. Criminal charges for domestic violence-related offenses can lead to jail time, steep fines, and permanent damage to your personal and professional reputation. 

If you were charged with committing acts of family violence, it is imperative to consider reaching out to a knowledgeable family violence attorney with experience in such cases. 

Family Violence in Texas

Regardless of whether you are facing misdemeanor or felony charges, accusations of family violence must be taken very seriously. Not only can a family violence conviction bring prison time and enormous fines, but it can also have a lasting impact on your ability to be employed, as well as negative consequences in child custody or divorce hearings. 

Halloween can be a fun time for children, teenagers, and adults alike. Unfortunately, sometimes. the "trick" portion of trick or treating gets out of hand. If you or your child is facing criminal charges stemming from Halloween mischief, it is important to understand the possible consequences and defenses that may be available.

Most Halloween-related crimes are relatively minor, such as vandalism or trespassing.  However, more serious offenses, such as burglary or assault, can also occur. In some cases, people are charged with crimes that they did not commit. An experienced criminal defense attorney can help you navigate the criminal justice system and fight for the best possible outcome in your case. 

Juvenile Offenses During Halloween

Children, teenagers, and young adults may be shocked to end up in handcuffs after a seemingly harmless prank. For example, "egging" a house by throwing eggs at it can lead to broken windows and other property damage. This may be considered vandalism. 

Murder is considered one of the most serious crimes in Texas, and it is punishable by up to life in prison. If you have been charged with murder, it is important to understand the severity of the charge and the possible defenses that may be available to you.

Criminal defendants are considered innocent until proven guilty. Unfortunately, however, individuals accused of murder are often treated as if they committed the crime. If you have been accused of murder, manslaughter, or criminally negligent homicide, you need a lawyer who will fight for you.

Know What You Are Up Against

There are four main categories of criminal homicide in Texas. Murder refers to intentionally causing the death of another person. In Texas, capital murder is a first-degree felony. Killing someone during the commission of another crime such as kidnapping or sexual assault, killing a peace officer, or killing a child under ten years of age are examples of capital murder. Murder is a second-degree offense. If a murder took place in the "heat of passion" and was not planned in advance, murder is considered a second-degree felony.

The sex offender registry is a website that lists people convicted of certain sex crimes. The registry is accessible to the public, which means that neighbors, friends, employers, co-workers, and virtually anyone else can look up sex offenders.

If you are convicted of a sex crime, you will likely be required to register as a sex offender. This means that your personal information, including your name and address, will be available to the public. In some cases, you may also be required to provide a photograph and other identifying information.

Understandably, individuals accused of sexual assault, prostitution, statutory rape, indecent exposure, and other sex crimes are often deeply concerned about being on the sex offender registry. Once someone is on the registry, it can be nearly impossible for them to live a normal life. 

Fortunately, in the United States, people accused of crimes are considered to be innocent until they are proven guilty. In a criminal case, the prosecution must prove that the defendant committed the elements of the offense "beyond a reasonable doubt." This is the highest standard of proof in our legal system. The role of a criminal defense lawyer is to find inconsistencies and problems with the prosecution's case and to cast doubt on the defendant's guilt. 

Embezzlement is a theft charge punishable by lengthy prison sentences, especially if the defendant is facing felony charges. If you have been accused of felony embezzlement or another white collar offense in Texas, it is important to understand the elements of the offense and how they can be proven or disproven.

Embezzlement Defined in the Texas Penal Code 

In Texas, embezzlement is a misdemeanor or felony offense. If the value of the goods allegedly stolen is less than $2,500, embezzlement is a misdemeanor offense. Stealing more than $2,500 worth of goods or services is a felony punishable by multiple years in prison. The greater the amount allegedly stolen, the longer the associated prison sentence. 

With September nearly halfway over and school in full swing, minors must stay keenly aware of the seriousness of a DUI or DWI charge in Texas. If you operate a motor vehicle and are charged with a DUI or DWI, you must first understand the penalties for such an act. Additionally, Texas enforces a stringent zero-tolerance policy toward underage drinking and driving. If you are a minor charged with an alcohol-related crime, you may want to work with an experienced attorney who can advise you of your rights and help you defend yourself. 

Zero Tolerance for Driving Under the Influence 

It's critical to keep in mind that Texas has a strict zero-tolerance policy for underage drinking. This zero-tolerance policy means that most alcohol citations in Texas can affect your driving privileges, even if you are not driving a car. Acts that warrant an alcohol citation include trying to buy alcohol as a minor, lying about your age to try and buy alcohol, using a fake ID, consuming or possessing alcohol, and public intoxication. If you are charged with an alcohol-related criminal offense, your driver’s license may be suspended which makes it illegal for you to drive any vehicle.

The penalties for underage drinking in Texas are as follows:

The vast majority of adults and teenagers use the internet on an everyday basis. While many people assume that what they send through social media or email is separate from "real life," online interactions can have significant consequences, personally and legally. Juveniles that engage in online harassment can even find themselves facing criminal charges for cyberbullying. If you or your child were charged with online harassment, cyberbullying, or a related offense, make sure to contact a criminal defense lawyer right away for help.

What is Cyberbullying?

When it comes to cyberbullying and online harassment, the law is still catching up with technology. In Texas, there are a few laws that specifically address cyberbullying and online harassment, but prosecutors have also been able to use other laws to convict defendants of these crimes.

Cyberbullying is defined as using electronic communication to harass, threaten, or embarrass another person. Types of electronic communication that can be used for cyberbullying include social media, text messages, email, and websites.

Texas’ laws are particularly harsh when it comes to possession and use of illegal drugs such as marijuana. Although many states have revised laws in relation to marijuana, Texas has not. This immobility is unsurprising in consideration of Texas’ history as El Paso was the first U.S. city to make marijuana illegal. Texas remains rigid in its classification of marijuana as a controlled substance because of its mind-altering effects. As marijuana is defined by Texas law as a controlled substance – no matter how small the quantity if it is in your possession it is a crime.

However, Texas’ staunch approach to cannabis is incongruent with the viewpoints of modern Texans. A recent poll recorded that 60% of Texans supported the decriminalization of recreational cannabis use. Small steps were made towards this goal, as 2019 saw a law that allowed low THC oil use for a variety of medical conditions. This incremental change leaves room for improvement, as over half of Texas voters hope for more lenient laws.

Penalties for Possession

If you have been charged with possession of marijuana, it is important to note the quantity and type. Two or less ounces of weed can result in a misdemeanor charge punishable by 180 days in jail and a maximum fine of $2,000. If you have been charged with possession of hash or other concentrates in the amount of one gram or less, you face a felony charge punishable by up to two years in jail and a maximum fine of $10,000. Fine and incarceration penalties increase with the amount of marijuana, hash, or THC concentrates in your possession.

Have you been charged with a traffic violation? While a traffic violation is nothing to scoff at, it is one of the most common types of offense people make. This offense is especially prevalent in Texas as there are a number of possible violations you could be cited for. The most common violation is texting and driving, and in some municipalities, it is even illegal to answer a phone call or look up directions while driving. Texas is such a large state and it is crucial to be aware of your specific town’s laws surrounding safe driving.

Some overarching laws to become familiar with are the most frequent, such as motorcycle lane splitting, speeding, DWI, not wearing seatbelts, neglect of appropriate child car seats, texting while driving, and using a mobile device. Driving citations can also be issued without the driver getting pulled over, as it is common practice for tickets, especially those for speeding, to appear in the mail.

Penalties

Each traffic violation warrants varying penalties, as they are split into minor and major violations. Most of the common traffic violations are minor and result in points against your license. Minor violations are punishable by fines ranging from $50 to $1,000. A minor violation like failure to stop for a school bus may even cost you your license for a period of time. Major traffic violations such as a DWI, are punishable by a maximum fine of $2,000, license suspension, and jail time.

Originally published: August 7, 2020 -- Updated: August 12, 2022

Update: As discussed below, there are certain situations where the use of deadly force may be justified if a person is defending their property, including their home or their vehicle. In fact, the laws in Texas allow deadly force to be used to prevent the commission of multiple types of crimes, including burglary, arson, robbery, or aggravated robbery. However, this law also applies in cases where a person is allegedly attempting to commit theft or criminal mischief during the nighttime, and a person may use deadly force to prevent someone from fleeing after committing any of the offenses listed above. Generally, deadly force is considered to be justified if a person believes that they have no other options for protecting or recovering their property or if the use of non-deadly force would put them or someone else at risk of being seriously injured or killed.