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location1433 3rd St, Floresville, TX 78114

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TX defense lawyerArguably, the worst sentence that a person can receive for being convicted of a crime is execution. Execution, also called capital punishment, is a hotly debated topic. Many people believe that we should not have the authority to decide whether a person lives or dies. Others believe that execution is the only appropriate punishment for crimes such as murdering another human. Texas is notorious for its attitudes and actions surrounding the execution of prisoners. Recently, the state made headlines when it executed its first prisoner in nearly a year, only the third execution since the COVID-19 pandemic began.

Man Is Executed by Lethal Injection

The state of Texas added another inmate Wednesday to its extensive list of executions performed since 1976. The 41-year-old man was executed by lethal injection at the Texas State Penitentiary at Huntsville after spending more than two decades in prison. He was convicted of murdering his 83-year-old aunt in her home in 1999 after he demanded that she lend him money and she refused. The man was also convicted of stealing property from his aunt’s home at the same time as the murder. He was 20 years old at the time of the offense.

Texas Sentences Resulting in the Death Penalty

In Texas, the death penalty can only be imposed if the person is convicted of a capital felony, the most serious classification of felonies in Texas. Capital felonies do not automatically come with a death sentence. A capital felony can also result in a life sentence without parole, but the prosecution can seek the death penalty if they feel it is necessary. Only the most heinous crimes are charged as capital felonies. Murder of a police officer, murdering for money or paying someone to murder another person, murdering a child, and murdering a person during the commission of another felony - like burglary - are all charged as capital felonies in Texas.

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IL defense lawyerIn most cases, the lives of those who are convicted of murder are essentially over. A lifetime in prison with or without the possibility of parole is a common sentence for those who have been convicted of murder. In Texas, the death penalty is still a possiblity for those convicted of the most serious crimes, such as murder. In fact, the state of Texas holds the record for the most people executed since 1976. According to the Death Penalty Information Center, Texas has executed a total of 570 prisoners since 1976, as of March 2021. Even though a death sentence is a possible penalty for murder, there are several types of murder that you could be charged with in Texas; the specific crime you are charged with will determine what type of sentence you face.

Murder

According to Texas law, a person commits murder if they:

  • Intentionally and knowingly cause the death of a person
  • Intend to cause serious bodily harm to a person by committing an act that dangerous to human life and results in that person’s death
  • Commit or attempt to commit a felony during the course of which they commit an act that is dangerous to human life and results in a person’s death

Murder is charged as a first-degree felony, which carries a possibility of a minimum of five years in prison or up to life in prison. If the person committed the murder under “sudden passion,” meaning they committed the act in response to an action from the victim, they can be charged with a second-degree felony, which carries a possible sentence of a minimum of two years to a maximum of 20 years in prison. Both charges carry the possibility of up to $10,000 in fines.

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TX defense lawyerIf you drive a vehicle, chances are you have driven over the speed limit at some point in time. Speed limits have long been the nemesis of speed demons throughout the country. Unlike Germany, which has the Autobahn, the world’s most famous speed-limitless highway, nearly every single road in the United States has a set speed limit designed to protect drivers from the dangers that speeding can bring. According to information from the Texas Crash Records Information System, there were more than 40,600 traffic accidents involving a speeding driver since January 2020. Of those accidents, more than a third (33 percent) involved at least one injury. Because speed has such an effect on the severity of a crash, speed limits are taken seriously in Texas.

Texas Speeding Laws

Many states have what is known as an “absolute speeding” law. This means that a person can be ticketed for speeding if they are driving at all above the posted speed limit. In Texas, there is no absolute speeding law, but rather a “presumed” or prima facie speeding law. This means that even though there are posted speed limits, there may be situations in which speeding over that limit could be considered legal. For example, driving 75 mph on a highway that has a posted speed limit of 70 mph on a day with clear weather conditions may be considered legal. The presumed speed limit law gives drivers more leeway than an absolute speeding law, however, it leaves much of the discretion up to the officer who pulls you over. In short, no - you cannot be arrested for speeding.

Potential for More Serious Charges

However, if the officer believes you were driving unsafely or endangering others, they can choose to charge you with a more serious crime, such as reckless driving. Reckless driving is also a law that can be open to interpretation by the officer. Under Texas law, reckless driving occurs when a person operates a vehicle in a manner that willfully disregards the safety of other people on the road. Reckless driving is a misdemeanor in Texas, with potential penalties of up to $200 in fines and up to 30 days in jail.

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TX defense lawyerAbuse is unfortunately common in many families across the U.S. Whether it be physical, emotional, or financial, victims of abuse can often continue to suffer under the hands of their abuser for years, some without even recognizing that what they are enduring is considered abuse. Making the decision to leave an abusive relationship is a courageous one to make, and sadly many victims of abuse believe that they have no way of escaping their relationship due to the possibility of their abuser lashing out. The state offers orders of protection for those who have endured abuse. But what about when false accusations of abuse are made? How can someone being accused of domestic violence defend themselves?

What Does a Protective Order Do?

A protective order, commonly known as a restraining order, is a court order that requires the listed party to stay away from the petitioning party and any family members included in the order. Victims of domestic violence, stalking, or sexual abuse are able to request a temporary or permanent protective order to make themselves feel safe. A court can include the following requirements in a protective order:

  • Not to hurt, threaten, or harass the petitioner or your children
  • To keep your distance from the petitioner or your children’s home, workplace, and school
  • Not to carry a weapon, even if you have the proper licensing
  • Require the payment of child or medical support
  • Require supervised visitation with your children

In addition to these restrictive terms, those who have a protective order against them must be listed on the Texas Protective Order Registry.

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TX defense attorneyWhen one commits a crime that is premeditated, they often have an escape route planned to avoid being caught for their actions. This is especially true when the crime is at the felony level. The moments after the crime has been committed are critical to the criminal charges that are bound to follow. Did they freely give themselves up to law enforcement? Did they attempt to run from the officers? Or did they disappear completely? For those who try to blend into the woodwork to avoid facing penalties for their actions, a single mistake, such as driving over the speed limit, can be enough for a Texas law enforcement officer to pull the person over and notice that something is off.

Lubbock Bar Fight Gone Wrong

It is no secret that alcohol tends to heighten people’s emotions and reactions to what is going on around them. Recently, an argument at a sports bar in Lubbock, Texas escalated from the heated exchange of words to a shooting outside of the bar’s doors. Several men were sitting inside the bar were asked to leave after an argument between the men was beginning to get out of hand. Things only escalated as the men left the bar, so much so that one 28-year-old man in the group was shot and killed in the bar parking lot. The incident is under investigation to find the man responsible for the man's death, though some believe that the shooter has already been caught.

During the time spent investigating outside of the local bar, another man was arrested and charged with unlawful carrying of a weapon by a licensed holder. He was pulled over for the failure to use a turn signal, and during their conversation, the officer noticed that He seemed nervous, rolling up his windows to keep the law enforcement officer from seeing inside his vehicle. The officer then requested the man step outside of his vehicle and noticed that he was using his feet to attempt to conceal a weapon on the floorboard of his car. The man was arrested and charged with a class A misdemeanor for his actions. Many social media users are wondering if he is connected to the bar killing based on his proximity to the location and his attempt to conceal a weapon. At this time, police have not identified anyone for the murder charge, though many suspect that he may be a person of interest.

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