Starting to build a criminal record at a young age can lead to very serious consequences in the future. Even if it begins with small offenses, petty crimes can often lead to more serious crimes in the future and even harsher legal consequences. The United States has always deliberated on how to handle youths within the criminal justice system. Some believe that these minors should receive harsh punishments at the forefront of their record to scare them from committing more crimes, while others view rehabilitation as the correct answer. The state of Texas has worked to put a law in place that avoids allowing youth crimes to go unpunished while also steering away from unnecessarily long and severe sentences.

Determinate Sentencing

One of the primary concerns for those trying to improve the criminal justice system is keeping juveniles outside of the adult criminal justice system. Some states allow a minor to be tried as an adult depending on how close they are to the age of 18 and how serious the crime is. To avoid this being the case in Texas, the state legislature approved determinate sentencing as an alternative for minors. This was originally approved in 1987 and has since seen several legal adjustments. Minors who have committed an offense that is considered a capital or first-degree felony qualify for determinate sentencing. The following are a few examples of criminal offenses that can possibly lead to this alternate type of sentencing:

In the midst of mass shootings and young lives being taken by gun violence across America, it is no secret that gun rights are a hot-button topic. According to the Center for Disease Control and Prevention (CDC), 3,513 gun-related deaths occurred in Texas in 2017. While some people may feel that gun control is necessary to address gun violence and reduce deaths, many Texans believe in protecting their right to bear arms. However, what many people do not realize is that weapons charges in Texas may involve more than just guns. 

What Is Considered a Weapon?

Texas law identifies more than 15 different objects as weapons, and possession or use of these weapons can result in criminal charges, depending on the circumstances. These weapons are divided into various categories as shown below:

Texas law enforcement offers individuals who have been the victims of domestic violence the option of filing for an order of protection. More commonly known as a restraining order, an order of protection is set in place for those who have experienced family violence or violent threats. These legal orders are only validated for certain reasons to avoid having protective measures taken against innocent Texans. The state allows an individual to obtain an order of protection if someone has hurt them or threatened to hurt them; they are afraid that the designated person will hurt them again; and either the individual, his or her partner, or his or her spouse has a close relationship with this person. This “relationship” can include marriage, dating, relatives, cohabitation, or having children together. If an order of protection is filed against someone, he or she will be notified of the terms to avoid violating the legal order and thus committing a crime.

What Constitutes a Violation of an Order of Protection?

There are multiple ways a person can be accused of violating a restraining order. These are known as “elements of the offense.” In order to be found guilty of this type of violation, the prosecution must prove that a defendant was under the restrictions of an order of protection and was aware of the order. A violation of a protective order means that a person knowingly and intentionally performed at least one of the following prohibited acts: 

Traffic laws vary from state to state, and while the rules may seem relatively similar, you should understand how the consequences change as you cross state lines. Drivers who violate traffic laws can receive traffic tickets, and they may face serious fines and fees. What many people do not realize is that receiving a traffic violation can lead to more than just an expensive ticket.

Common Offenses and Their Penalties

Traffic violations come in many different forms — and so do their legal consequences. Speeding may be the first type of violation to come to mind, but drivers may face hundreds of dollars in fines and other consequences for a variety of other reasons, including driving without a seat belt, texting while driving, driving without a valid license, or failing to maintain liability insurance. Charges can become even more serious for offenses such as reckless driving or DWI, and in these cases, drivers may face license suspension or even jail time.

It is fairly common knowledge that taking the life of another person is illegal throughout the United States. Although murder charges may seem fairly cut and dry, there are actually different types of charges that one can face for killing another person, and these disparities are often tied to the intent of the guilty party. The legal term for killing someone is criminal homicide. The best way to fight any homicide case is to find an experienced attorney within your state who understands the details that go along with the charge you may be facing. By working with a skilled lawyer, you may be able to reduce your sentence or even obtain a not guilty verdict. However, it is also important to have a personal understanding of what your charge entails to be fully informed about the possible legal consequences.

Murder

There are three scenarios that could result in murder charges in Texas. A person may be charged with murder if he or she has purposely and knowingly caused the death of another person; intended to cause serious physical injury and killed a person in the process; or attempted to commit a felony (other than manslaughter) and killed a person while doing so. The offense of homicide is a first-degree felony, and a conviction can result in at least five years (and possibly life) in prison and a $10,000 fine.

With the legal changes regarding marijuana shifting from state to state, it can be confusing when trying to understand what the consequences are for various drug charges. As one would expect, drug charges can vary based on the substance involved and the circumstance of a case. In order to avoid having different charges for every illegal substance, Texas law enforcement has created categories known as “drug penalty groups.” Understanding which group your charge falls under is crucial for determining what your consequences may be. Although the best way to verify the details of your charge is to hire an experienced criminal defense lawyer, having a general knowledge of the different penalty groups is a good place to start.

Penalty Groups in Detail

There are four different drug groups, each of which increases in risk and severity of consequence:

When the word “criminal” is used, many people may picture individuals dressed in orange jumpsuits standing behind bars rather than a clean businessman in a nice suit walking down Wall Street. The fact of the matter is that many criminals fall between the cracks, especially those who have committed “white collar crimes.” White collar crimes are nonviolent crimes committed by employees while performing their job. This can include deceit, concealment, fraud, and bribery regarding finances. Many people see white collar crimes as “victimless” and thus deem their actions to be harmless. While they may seem less harmful than violent crimes, white collar crimes are not tolerated in Texas and throughout the United States, and they can result in serious consequences.

Examples of White Collar Crimes

Although many have heard the term white collar crime, few know the various crimes that fall under this category. Understanding the different actions that are considered white collar crimes is one of the best ways to avoid facing harsh penalties for your actions on the job. Some common white collar crimes include:

Few people have a spotless record in the eyes of the law. Maybe you received a traffic ticket when you were first learning to drive, or you were caught with alcohol before turning 21. Teenagers often make decisions before considering the legal consequences that may follow. Not only can these “bad choices” lead to large fines or jail time, but they can also remain on your record as you try to move on from your past mistakes. In Texas, those with a criminal record can sometimes have the charges removed or expunged. Although many people may not seek out this option until they are an adult looking for a job, minors should consider expunction to give themselves a better chance of clearing their record at an earlier age. 

What Is Expunction?

Being able to hide your previous encounters with the law can help you move on personally and professionally. Most convictions cannot be removed from an individual’s record, especially those considered more serious. However, expunction may allow Texans to remove information about arrests that were never formally charged, criminal charges that were dismissed, or cases in which a pre-trial diversion program was completed. Expunction may also be available for certain types of convictions, such as some first-time DWI charges. Once expunction is approved, all information will be erased from criminal records, allowing the person to deny the incident and any consequences that came from it. 

College is an exciting and new time for young adults who are just getting started with their higher education. Since many students attend college right after they graduate high school, some students are still minors. For many, this is the first time that they have lived without a parent, making it easy for them to get into trouble with their newfound freedom. Whether a minor or not, making a legal mistake in college can affect a person's future at the school itself as well as the professional opportunities available to them in the future. Many students do not recognize the severity of their actions until after they have been caught, making an experienced criminal defense attorney crucial for avoiding a conviction and allowing them to continue on with their academic career.

Types of Offenses That Occur on Campuses

In 2017, The National Center for Victims of Crime (NCVC) released a report that highlights the crimes occurring on American college campuses. On a positive note, violent victimization on school grounds has decreased by 75 percent since 1995. However, 5 percent of students reported carrying a weapon on school grounds in the last 30 days alone. Criminal tendencies shift as times change, yet the existence of crime remains consistent. The following are the most common crimes that have occurred on higher-ed campuses:

It is not uncommon for drivers to get behind the wheel after having a few drinks, especially around the holidays. Rather than paying for a rideshare and leaving their car behind to be safe, individuals will often assume that their senses are not altered to the extent that restricts their ability to drive. The truth is that even when you think you are capable of driving, you may be over the legal limit. With the blood alcohol concentration (BAC) limit being 0.08 percent for Texans, even a couple of drinks can cause you to be legally intoxicated. If you see red and blue flashing lights in the rearview mirror after drinking any amount of alcohol, you could face DWI charges.

Do I have to Take a Breathalyzer Test?

Being pulled over by a police officer can be an anxiety-provoking experience. After stopping on the side of the road and waiting for the officer to come to your window, you will likely wonder how you should handle the situation. One thing to note is that in Texas, all drivers are required to submit to a BAC test if they are arrested on suspicion of DWI. This is known as the implied consent law. Every driver who has a valid Texas driver’s license agrees to give a blood or breath sample upon arrest.

Shoplifting is a common crime that occurs in many retail businesses. For both large corporations like Walmart and mom-and-pop shops, stores want to make sure the patrons coming through their doors are abiding by the law. In an attempt to reduce the number of items taken from shelves without paying, some stores have their employees check receipts before customers exit the premises. This may be helpful to catch the few individuals attempting to shoplift, but what about the majority of other loyal customers who waited in line at the register? Should they be subject to this routine interruption?

Shopkeeper’s Privilege in Texas

Many large corporations have receipt-checkers placed at all of their exits to act as an additional level of protection against shoplifters. Walmart, Costco, and Sam’s Club have some of the largest stores in the country and also make the most use of these “security checks.” However, their presence can sometimes be frustrating and insulting to customers. After standing in a long line for the past 30 minutes, it can feel unfair to have to take the time for another employee to scan your cart. It may seem as if these employees have no power, but according to Texas’ Shopkeeper’s Privilege law, refusing to show your receipt could be your first step toward detention.

Texas is often known as one of the most “open” states in terms of gun laws. This includes a person’s ability to purchase a weapon, the right to carry a concealed weapon, and the use of a weapon for self-defense. Most states have some form of legal protection for those who use a firearm to defend themselves, including Texas. Each state that provides its citizens with this right has different regulations tied to the law. Texas has two separate laws regarding self-defense to ensure that people have a right to protect themselves. It is important to understand what is and is not allowed in Texas to avoid being convicted of serious criminal charges related to murder or manslaughter.

Standing Your Ground in Texas

The “Stand Your Ground” law originated in Florida in 2005. Since then, the majority of the U.S. states have followed suit, passing their own versions of this law meant to protect those who defend themselves. As is evident in the phrasing, this law allows individuals to stand up against an attacker in the face of danger. In Texas, those who plan to use this law as their criminal defense tactic must be able to prove that they were in fear of imminent danger of serious injury or death at the hands of another person. The Stand Your Ground law applies to those protecting themselves or another person in danger.

Holiday parties are in full swing serving your favorite spiked eggnog or toasting the night away with friends and family over many glasses of champagne. Blurred senses and decreased rational thinking usually follow, which unfortunately bring the possibility of an increased number of drunk drivers on the road.

Driving while intoxicated (DWI) and driving under the influence (DUI) are serious offenses that can damage your reputation and criminal record. Although there is never an excuse to drink and drive, here are five myths you need to debunk if you’re ever pulled over while inebriated.

Myth #1: If I don’t blow hard enough in the breathalyzer, it won’t fully read my BAC.

Failing to breathe into a breathalyzer test will only result in an officer asking you to redo the test until an accurate result is recorded. Drivers who unlawfully refuse to take the test face serious consequences. In Texas, the first offense is 180-day license suspension with up to 2 years for a third offense. It’s also important to note that breathalyzers measure the amount of chemical alcohol content in the breath not the amount in your blood. Taking a blood test is an alternate option you could make if you feel you were cheated by a breathalyzer test.

So you just got pulled over and immediately start to panic as police sirens are blaring and lights are vigorously flashing from the rearview mirror. Were you speeding? Broken tail light? Swerving? As the officer approaches your car, you realize a potential high-price traffic ticket will soon follow. Traffic tickets are overwhelmingly frustrating because many people are unsure of the law when it comes to these incidents. We want you to know exactly how they work and what you need to know if you ever have the displeasure of being in this situation in the state of Texas.

What is Reasonable Suspicion?

Reasonable suspicion is what an officer needs to lawfully institute a traffic stop. While this term may lack a definite explanation, small incidents such as failing to use your blinker or incorrectly changing lanes is enough for an officer of the law to pull you over.

Officers need probable cause.

If you’re ordered to step out of your car by an officer, you must comply. However, the officer needs probable cause to enter your vehicle. You have the right to say no to an officer asking to search your vehicle without a search warrant. If an officer proceeds to search your vehicle without a warrant, this act is an illegal search. Call BCP at (830) 769-1010 immediately to handle this case for you.

The year is 2019 and you most likely noticed the letters "CBD" boldly labeled across the front of new shops while driving down the street or your local grocery store handing out free samples of hemp-infused treats branded with Cannabis plants. What is this new wave sweeping across the nation? Cannabis is finally legal in Texas, but it’s not what you think. Times are changing for Texas residents, which is why it’s important to understand the regulations surrounding this new bill and how it can affect your use of the substance.

No, don’t start lighting up anywhere you want.

The new bill that was passed by President Trump, known as the Farm Bill, left Hemp sale and production regulation up to state lawmakers, which encouraged several states to take steps to address the legalization of Cannabis and related products – and it’s the same for Texas. To be clear, it is legal to purchase, distribute, and consume Hemp products, but it is still very much illegal to consume Marijuana.

Yes, there is a difference between Marijuana and hemp.

Hemp and Marijuana are two terms used to classify strains of the Cannabis plant. The main difference is that an oil, hemp, is derived from the plant containing less than .3% of THC, while Marijuana contains up to 30%. THC is what is known to give off psychoactive effects or that “high” feeling that is not given when consuming hemp but present in Marijuana. Unlike breathalyzers where you’ll get accurate results on the spot, there is no way to test between marijuana and hemp that is readily available seeing as tests are too costly and time consuming to conduct at the moment.

Being convicted of family violence charges is a serious crime, especially if children are involved. Domestic violence can come in many forms, including physical, sexual, and emotional abuse. Many victims will file an order of protection to distance themselves from their abuser before seeking domestic violence charges. Some people who file for orders of protection feel the need to take legal measures to feel safe, whether abuse occurred or not. Orders of protection are not difficult to obtain, and if one is filed against you, it is crucial to know the rules and regulations behind the court order to avoid facing serious criminal consequences.

Who Can File For an Order of Protection?

Orders of protection, commonly known as restraining orders, are set in place by the court to protect the petitioner from someone who has been violent toward him or her or has threatened violence. This is a common security measure taken by those who have been victims of sexual abuse. All of the following must be true to file for an order of protection:

A commercial motor vehicle (CMV) is any vehicle used to transport goods or passengers for profit. CMVs can include pickup trucks, box trucks, semi-trucks, vans, buses, taxis, and trailers. Like any other workplace, drivers of CMVs have certain safety standards to uphold. The Department of Transportation (DOT) is in charge of these inspections to ensure that all drivers are safe, whether they are the ones in the truck or another vehicle on the road. Commercial motor vehicles over 10,000 pounds are strictly regulated by DOT due to their massive size and the potential danger they can pose to other drivers. In some cases, trucking companies are responsible for performing these inspections, while in others, the DOT can inspect the vehicles themselves. A commercial motor vehicle accident can result in serious or fatal injuries. 

Periodic Vehicle Inspections By the Company

DOT has 13 areas that must be checked on a regular basis to ensure safety and compliance with their regulations. These inspections can and should be scheduled by the commercial motor vehicle company. The following areas must be inspected to adhere to these regulations:

In the midst of tragedies involving gun violence, many states have taken measures to restrict gun rights in an attempt to reduce this ongoing issue. One primary concern that has been addressed by legislators is the right to carry arms in a concealed manner. Some states may have restricted their residents’ weapons rights; however, Texas remains pro-concealed carry. Many gun owners see taking away this legal right as a direct violation of the Second Amendment and a means of disabling people from being able to defend themselves. Regardless of your stance on the matter, it is important to note that Texas residents who wish to carry a concealed weapon have strict laws by which they must abide -- and those who fail to do so can face serious legal consequences, including criminal charges.

The Application Process

Many individuals have the incorrect assumption that anyone can get a license to carry a weapon without realizing the various qualifications that must be met. Concealed carry is legal with a Texas License to Carry (LTC) or a concealed carry license/permit from a state that Texas honors. Texas is considered a “shall-issue” state with concealed weapons permits, which means that the Department of Public Safety cannot deny a permit to an applicant if they meet all of the legal requirements.

Throughout the United States, the laws regarding marijuana have changed significantly in recent years. After President Trump’s December 2018 Farm Bill left hemp sale and production regulation up to state lawmakers, several states have taken steps to address the legality of marijuana and related products, and Texas is no exception. With all of these recent changes, it can be difficult to keep track of what is and is not legal. That is why it is crucial to stay up to date on all legal changes and contact a drug charge defense attorney if you are facing possible criminal charges.

Texas House Bill 1325

This past June, Governor Abbott signed House Bill 1325 into law, legalizing the commercial production of hemp in the state of Texas. However, before this law can go into effect, the Texas Department of Agriculture needs to submit a “state hemp plan” to the USDA. Farmers hoping to get approval to grow hemp will need to submit growing permits with the Texas Department of Agriculture, which expects to begin accepting applications at the start of 2020. While it seems like the government has a solid plan for implementing this new legislation, lines may become blurred regarding what is considered legal in Texas.

One of the major obstacles that former offenders face is a stain on their permanent record. Whether they went to prison or not, a criminal history can add complications to their personal and professional lives. Individuals with a criminal record can lose custody of their children and have a difficult time finding employment. To help ease the transition, Texas law allows some criminals to expunge their records, but there are specific eligibility requirements that must be met in order to do so.

What Is Expunction?

The term “expunction” refers to the removal of information about an arrest, charge, or conviction from a personal record. In other words, if a person’s record is expunged, the information is removed from his or her record, and he or she is legally allowed to deny that the incident ever occurred. However, this option is not available to most offenders and has certain eligibility requirements that must be met.