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Recent Blog Posts

Common Defenses for Drug Possession Charges in Texas

 Posted on March 20,2024 in Criminal Defense

Wilson County criminal defense lawyerIf you are facing drug possession charges, it is crucial to understand your rights and potential defenses. A Texas lawyer can help you navigate the complex legal system and develop a strong defense strategy tailored to your specific case. It is important to do this strategically so that legal representation is beneficial.

Unlawful Search and Seizure

One of the most effective defenses against drug possession charges is challenging the legality of the search and seizure that led to the discovery of the drugs. Under the Fourth Amendment of the U.S. Constitution and Article I, Section 9 of the Texas Constitution, individuals are protected against unreasonable searches and seizures.

If law enforcement officers violated your constitutional rights by conducting a search without probable cause, a valid warrant, or your consent, your attorney can file a motion to suppress the evidence obtained during the illegal search. If the motion is granted, the drugs cannot be used as evidence against you, potentially leading to a dismissal of the charges.

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What to Expect When Facing Pyramid Scheme Charges

 Posted on February 20,2024 in Criminal Defense

Pleasanton criminal defense lawyerBeing charged with operating or participating in a pyramid scheme can be an overwhelming and frightening experience. It is important to know what you may be up against to improve any chance of lowering or potentially dismissing the charge. A Texas criminal defense lawyer can guide you on the most ideal approach.

The Accusations

The accusations will claim that you deliberately tricked individuals into joining and providing money to an organization you knew would collapse. Prosecutors will attempt to portray your actions as intentional fraud rather than a lawful multi-level marketing structure. Expect accusations around things like:

  • Promising unreasonable returns for joining and recruiting others
  • Emphasizing recruiting over actual product sales
  • Requiring large upfront payments to participate

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What Is the Process for a First Offense DWI in Texas?

 Posted on January 15,2024 in DWI

TXGetting arrested for your first DWI in Texas can be a scary and overwhelming experience. A Texas DWI defense attorney can help guide you through the process and consequences to expect after a first-time DWI charge.

What to Know About The Arrest

If a law enforcement officer pulls you over and suspects you of driving while intoxicated, they will typically conduct a series of roadside sobriety tests and a breath or blood test to check your blood alcohol content (BAC) level. If your BAC is 0.08% or higher and the officer determines you are intoxicated based on the tests, you will be arrested and taken to jail.

At the jail, you will be fingerprinted, photographed, and formally charged with a DWI. You will also have the option to take an additional breath or blood test. After processing, you may be held in jail until sober or released on bail. Those arrested must arrange for transportation, as your license will be confiscated if you fail the sobriety tests.

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What to Do When Your Company Gets Charged With Corporate Fraud

 Posted on December 15,2023 in Criminal Defense

Blog ImageBeing accused of fraud or illegal financial dealings can shake any business to its core. Even lawful companies following accounting rules and regulations still find themselves caught in an investigation’s crosshairs or formally charged with crimes at times. There is enormous pressure to make the right moves legally while also maintaining operations, public trust, and sanity

While the situation seems immensely daunting, there are key strategic steps management can take when faced with corporate fraud allegations. Staying level-headed is vital and can be more doable alongside a Texas defense lawyer.

Do Not Panic, Assess the Situation

Getting that call or letter that your business is under investigation or being formally charged with fraud can create panic. However, taking strategic steps is vital. Carefully review the allegations against your company and the applicable laws. Gather all the facts to understand the scope of suspicion and realistic worst-case scenarios. Slow things down to make careful rather than rushed judgments.

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Are There Ways to Defend Against a Murder Charge?

 Posted on November 16,2023 in Criminal Defense

Murder Defense Texas Attorney

Facing a murder charge in Texas is a very serious matter. It could lead to life in prison or even the death penalty. Texas is known for being strict when it comes to murder cases. If you find yourself in such a situation, it is crucial to contact a skilled criminal defense Texas attorney right away. They can help you build the best defense for your case.

What is Justifiable Homicide?

Police arrive on the scene of a murder with no understanding of what may have taken place in the moments leading up to the killing. In some cases, a person merely acted in self-defense and can be erroneously arrested and charged with murder. Texas law carves out a number of situations where a homicide can be considered justifiable. Under Texas’s Castle Doctrine, if someone has forcibly broken into your home, vehicle, or place of business, they are considered a likely danger to you. In many cases, using deadly force against an intruder is considered justified. It is generally reasonable to assume that someone who has broken into your home intends to cause serious harm to you or your family, and employing deadly force to protect yourself or your family is legally justified. However, the force used in self-defense must be proportionate to the threat - for example, shooting someone for slapping you would not be justified. Nor would using deadly force in response to a strictly verbal threat.

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Should I Worry About DWI Charges and Losing My Driver’s License?

 Posted on October 20,2023 in DWI

TX DWI lawyerAnyone facing driving while intoxicated or DWI charges should act quickly to prevent things from getting worse. At BRCK Criminal Defense Attorneys we understand that you may feel confused and overwhelmed. Perhaps getting behind the wheel was a lapse in judgment. The moment you realize your driver's license might be on the line, it can get downright nerve-wracking! You need a Texas DWI attorney who can help right away.

How Do DUIs and DWIs Differ?

A DUI is a Class C misdemeanor, while a DWI is a serious Class B misdemeanor charge. The Texas Penal Code defines driving while intoxicated as driving a vehicle in public when the driver has been drinking alcohol or another controlled substance, and their blood alcohol concentration or BAC is .08 or higher. You could end up in jail for up to six months and have to pay a $2,000 fine. It does not matter if this is your first DWI or not, you could have your license suspended for up to two years. 

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What Should I Do if I Am Accused of a Sexual Offense in Texas?

 Posted on September 19,2023 in Criminal Defense

TX defense lawyerFacing a charge of sexual offense in Texas can change your life drastically. It can shatter your family bonds, disrupt your career, and tarnish your reputation. It is estimated that about ten percent of reported sexual assault allegations end up being false claims. That is why it is important that you take quick action. In Texas, a conviction can result in lengthy prison sentences and mandatory registration as a sex offender. If you are accused of a sexual offense, you need the assistance of a skilled criminal defense attorney who can help you fight these allegations.

Do Sexual Assault and  Aggravated Sexual Assault Differ?

Under Texas law, sexual assault and aggravated sexual assault are classified as felonies. Here is the difference between both:

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Why Breathalyzers Are Not Perfect Evidence of DWI in Texas

 Posted on August 04,2023 in DWI

DWI texas attorney

Many people who have been arrested for DWI in Texas erroneously believe that if they failed a breathalyzer test, the police have nearly perfect evidence against them. It may seem like a breathalyzer test showing that a person had a blood alcohol content over 0.08 percent establishes conclusively that they were driving drunk. However, this is not the case at all. Breathalyzer tests are not the perfect scientific tools many people believe they are. There are a number of reasons why a breath test may not produce accurate results. Proving that a condition that may have skewed the results existed may mean that the breathalyzer test is no longer reliable. In some cases, this may mean that it cannot be used in court at all. In other cases, it significantly weakens the evidence and allows the defendant a chance to show that he may not be guilty of a DWI. If you have recently been charged with DWI, it is important to speak to a criminal defense attorney promptly. An attorney can evaluate your case to determine whether you may have a strong defense available. 

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What is Continuous Family Violence in Texas?

 Posted on July 10,2023 in Criminal Defense

Karnes County family violence lawyerIn the state of Texas, the issue of family violence is a serious matter that requires immediate attention. Individuals accused of engaging in a pattern of abusive behavior may face criminal charges under the offense known as “continuous family violence.” Today, we are going to delve into the legal aspects surrounding this offense, including its definition, potential consequences, and the role of criminal defense in Texas for those accused of committing continuous family violence. Retaining legal representation is essential for those charged with such offenses, as the law practices harsh and swift punishment for those convicted.

Defining Continuous Family Violence 

Continuous family violence refers to a pattern of two or more acts of violence committed against a family or household member within one year of each other. These acts of violence may be committed twice against the same person or may be directed at two different people. These acts can include physical harm, threats, intimidation, or any form of abusive behavior that creates a state of fear. The recurrence of these acts is a crucial factor distinguishing continuous family violence from isolated incidents. 

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What is the Difference Between Money Laundering and Embezzlement?

 Posted on June 08,2023 in Criminal Defense

TX defense lawyerMoney laundering and embezzlement are both forms of financial crimes, but their underlying principles and methods differ. While both can result in significant financial losses and criminal penalties, the distinction between the two is essential to understand, especially for someone who is facing charges of money laundering, embezzlement, or both. If this sounds like you, contact a criminal defense attorney to understand the charges against you and begin building your defense strategy.

Here is What to Know About Embezzlement

Embezzlement involves the illegal transfer of funds or property from an individual or organization by someone entrusted with that property or funds. Often, this happens when an employee has access to money and instead diverts the funds for personal use. In an embezzlement scheme, the person is taking funds belonging to someone else and using them for personal purposes. The action involved is essentially stealing, and the intent usually consists of some personal gain. Embezzlement does not generally involve any manipulation of the original transaction.

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