Posted on May 28,2020 in Criminal Defense

Each year, the Texas Department of Public Safety (TxDPS) provides an analysis of crime throughout the state. This includes statistics about crime rates, crime trends, crime volume, and more. The statistics can sometimes be difficult to comprehend as a whole, with numbers looming into the thousands. However, having a general knowledge of what crime looks like in the state of Texas can be a good way to protect yourself and stay informed about public safety. Since these statistics take time to compile and calculate, the most recent report is from 2018. According to the TxDPS, there were nearly 800,000 total offenses in 2018. Although this number may seem high, it is actually a 5.4 percent decrease from the previous year. So, what are common crime trends in Texas, and what are their consequences? The answer: More than 678,000 property crimes were committed in Texas in 2018.

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 Posted on May 22,2020 in Criminal Defense

Since March, the United States has seen an unprecedented shutdown of non-essential businesses and public places. Each state has enacted its own version of the “stay-at-home” order, although they are all very similar in intent. Many businesses and public areas have been temporarily closed in order to contain COVID-19 as best as possible. Although health officials have not come up with a permanent solution just yet, Texas, along with other states, has begun to slowly reopen businesses to stimulate the economy. However, this is being done in stages, and there are still existent regulations for citizens and business owners.

A Recent Case

During the past couple of months, Texas has been on a mandatory stay-at-home order, initially mandated by city mayors but later authorized as a state-wide restriction for all citizens to follow—including government personnel themselves. With patience growing thin everywhere, it is not surprising that public figures may grant themselves leniency on the ordinance. Beaumont Mayor Becky Ames went to a nail salon to get her nails done, despite clear orders issued by her and the governor to remain at home for the time being. Mayor Ames was seen at the nail salon, wearing a face mask, and she was reported to authorities for her actions. Since the nail salon disobeyed the order mandating all non-essential businesses to remain closed temporarily, the charges will likely fall on the owners rather than the mayor. This case is currently under review by the Texas Department of Licensing and Regulation. If found guilty, the nail salon could face a fine of up to $1,000, and the mayor may have ruined her chances of getting re-elected. 

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 Posted on May 14,2020 in Criminal Defense

Domestic abuse is prevalent throughout the United States⁠—and Texas is no exception. According to the National Domestic Violence Hotline, one in four women and one in seven men have been victims of severe physical violence by an intimate partner in their lifetimes. With numbers this high, it is no wonder why orders of protection are taken seriously. These legal orders, commonly known as restraining orders, can be requested by a person who believes they or their family members are in danger of harm by a family or household member. Although restraining orders are typically not valid for indefinite amounts of time, they can be extended if the court deems it necessary. Legal protection should be put in place for those who need it, but in some cases, these protective orders may be based on false allegations of abuse. If you find yourself facing an unjust order of protection, you do have legal options, and an experienced criminal defense attorney can help.

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 Posted on April 24,2020 in Criminal Defense

The term “assault” can mean different things depending on the situation. You may be picturing two men fighting while they are out with their friends, or maybe you are imagining a couple arguing and things going too far. As is the case with most criminal charges, assault charges can include a number of actions or intended actions. Understanding what is considered assault is important, since inflicting physical harm is not necessarily required. We have all had the experience of emotions running high and anger taking over our better judgment. Although most would not press charges for a heated argument, some may take your words or actions differently than you had intended, leading to serious charges that can label you as a criminal.

The Definition of Assault

There are three definitions that are included in the description of assault in the Texas Penal Code. The criminal offense of assault may involve the following actions:

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 Posted on April 13,2020 in DWI

Underage drinking is a common occurrence across the United States. With kids starting college before turning 21, it can seem as if the legal drinking age becomes irrelevant as students move away from home to start their college careers. Movies and television shows attempt to normalize underage drinking, and although teens may buy into it, law enforcement does not. Minors can receive various criminal charges if they consume alcohol. These young adults may not recognize the severity of such offenses and how they can alter their future. Teaching your child about the possible charges that they can face for underage drinking and understanding the legal consequences is often the best way to deter them from consuming alcohol at a young age.

Common Offenses

When someone thinks of the various types of charges related to alcohol, drinking while underage and driving while intoxicated are often the two charges that come to mind. What many minors do not realize is that depending on the situation, they could face multiple charges at once for simply drinking a beer. The following are common offenses recognized by the Texas Department of Public Safety:

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 Posted on April 06,2020 in Juvenile Law

Obtaining a driver’s license for the first time can be one of the most exciting events in a teenager’s life. After spending hours behind the wheel, attending various driving courses, and getting yelled at by nervous parents as they are learning to drive, being able to finally ride on the roads without parental supervision can make a minor finally feel independent. However, driving without parents in the car does not mean that young motorists have surpassed the various restrictions allotted to new drivers. Many teens incorrectly believe that once they have a driver’s license, they have the same rights on the road as any other driver. Understanding the restrictions that exist for new drivers is extremely important before hitting the road, especially since traffic violations can have a significant effect on a person's license and insurance rates, and serious violations may even lead to criminal charges and a lifelong criminal record.

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 Posted on March 27,2020 in Juvenile Law

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:

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 Posted on March 13,2020 in Criminal Defense

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 Centers 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:

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 Posted on March 12,2020 in Criminal Defense

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.

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 Posted on February 28,2020 in Criminal Defense

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.

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