Posted on December 16, 2019 in Criminal Defense

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.

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 Posted on December 10, 2019 in Criminal Defense

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.

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 Posted on December 06, 2019 in DWI

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.

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 Posted on December 05, 2019 in Criminal Defense

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.

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 Posted on December 04, 2019 in Criminal Defense

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.

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 Posted on November 27, 2019 in Criminal Defense

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:

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 Posted on November 22, 2019 in Personal Injury

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. 

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 Posted on November 14, 2019 in Criminal Defense

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.

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 Posted on October 29, 2019 in Criminal Defense

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.

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 Posted on October 07, 2019 in Criminal Defense

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.

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