Posted on September 23, 2022 in Criminal Defense

Fortunately, in the United States, people accused of crimes are considered to be innocent until they are proven guilty. In a criminal case, the prosecution must prove that the defendant committed the elements of the offense "beyond a reasonable doubt." This is the highest standard of proof in our legal system. The role of a criminal defense lawyer is to find inconsistencies and problems with the prosecution's case and to cast doubt on the defendant's guilt. 

Embezzlement is a theft charge punishable by lengthy prison sentences, especially if the defendant is facing felony charges. If you have been accused of felony embezzlement or another white collar offense in Texas, it is important to understand the elements of the offense and how they can be proven or disproven.

Embezzlement Defined in the Texas Penal Code 

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 Posted on September 13, 2022 in DWI

With September nearly halfway over and school in full swing, minors must stay keenly aware of the seriousness of a DUI or DWI charge in Texas. If you operate a motor vehicle and are charged with a DUI or DWI, you must first understand the penalties for such an act. Additionally, Texas enforces a stringent zero-tolerance policy toward underage drinking and driving. If you are a minor charged with an alcohol-related crime, you may want to work with an experienced attorney who can advise you of your rights and help you defend yourself. 

Zero Tolerance for Driving Under the Influence 

It's critical to keep in mind that Texas has a strict zero-tolerance policy for underage drinking. This zero-tolerance policy means that most alcohol citations in Texas can affect your driving privileges, even if you are not driving a car. Acts that warrant an alcohol citation include trying to buy alcohol as a minor, lying about your age to try and buy alcohol, using a fake ID, consuming or possessing alcohol, and public intoxication. If you are charged with an alcohol-related criminal offense, your driver’s license may be suspended which makes it illegal for you to drive any vehicle.

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 Posted on September 08, 2022 in Criminal Defense

The vast majority of adults and teenagers use the internet on an everyday basis. While many people assume that what they send through social media or email is separate from "real life," online interactions can have significant consequences, personally and legally. Juveniles that engage in online harassment can even find themselves facing criminal charges for cyberbullying. If you or your child were charged with online harassment, cyberbullying, or a related offense, make sure to contact a criminal defense lawyer right away for help.

What is Cyberbullying?

When it comes to cyberbullying and online harassment, the law is still catching up with technology. In Texas, there are a few laws that specifically address cyberbullying and online harassment, but prosecutors have also been able to use other laws to convict defendants of these crimes.

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 Posted on August 29, 2022 in Criminal Defense

Texas’ laws are particularly harsh when it comes to possession and use of illegal drugs such as marijuana. Although many states have revised laws in relation to marijuana, Texas has not. This immobility is unsurprising in consideration of Texas’ history as El Paso was the first U.S. city to make marijuana illegal. Texas remains rigid in its classification of marijuana as a controlled substance because of its mind-altering effects. As marijuana is defined by Texas law as a controlled substance – no matter how small the quantity if it is in your possession it is a crime.

However, Texas’ staunch approach to cannabis is incongruent with the viewpoints of modern Texans. A recent poll recorded that 60% of Texans supported the decriminalization of recreational cannabis use. Small steps were made towards this goal, as 2019 saw a law that allowed low THC oil use for a variety of medical conditions. This incremental change leaves room for improvement, as over half of Texas voters hope for more lenient laws.

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 Posted on August 23, 2022 in Criminal Defense

Have you been charged with a traffic violation? While a traffic violation is nothing to scoff at, it is one of the most common types of offense people make. This offense is especially prevalent in Texas as there are a number of possible violations you could be cited for. The most common violation is texting and driving, and in some municipalities, it is even illegal to answer a phone call or look up directions while driving. Texas is such a large state and it is crucial to be aware of your specific town’s laws surrounding safe driving.

Some overarching laws to become familiar with are the most frequent, such as motorcycle lane splitting, speeding, DWI, not wearing seatbelts, neglect of appropriate child car seats, texting while driving, and using a mobile device. Driving citations can also be issued without the driver getting pulled over, as it is common practice for tickets, especially those for speeding, to appear in the mail.

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 Posted on August 12, 2022 in Criminal Defense

Originally published: August 7, 2020 -- Updated: August 12, 2022

Update: As discussed below, there are certain situations where the use of deadly force may be justified if a person is defending their property, including their home or their vehicle. In fact, the laws in Texas allow deadly force to be used to prevent the commission of multiple types of crimes, including burglary, arson, robbery, or aggravated robbery. However, this law also applies in cases where a person is allegedly attempting to commit theft or criminal mischief during the nighttime, and a person may use deadly force to prevent someone from fleeing after committing any of the offenses listed above. Generally, deadly force is considered to be justified if a person believes that they have no other options for protecting or recovering their property or if the use of non-deadly force would put them or someone else at risk of being seriously injured or killed.

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 Posted on July 27, 2022 in DWI

A key element of any driving while intoxicated (DWI) case is the driver’s blood alcohol level. In Texas, a driver is considered intoxicated if his or her blood alcohol concentration (BAC) is 0.08 percent or higher. While a BAC over the legal limit is not always required to secure a DWI conviction, a driver’s blood alcohol level inevitably plays a major role in a DWI case.

BAC is often determined using a breath test or blood test. However, these tests are not infallible. Multiple issues can occur during testing that invalidate test results. This blog will describe common issues with blood alcohol tests that can be used to defend against DWI charges.

Blood Alcohol Test Results May Be Incorrect

Blood tests are generally believed to be the most accurate way to assess a person’s level of alcohol intoxication. However, these tests must be prepared, administered, and analyzed correctly to yield accurate results.

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 Posted on July 22, 2022 in Criminal Defense

Crimes against family and household members are often classified differently than offenses against non-family members. In Texas, domestic violence or abuse of a child, spouse, romantic partner, ex, parent, or roommate can lead to criminal charges for family violence.

Family violence charges already carry significant criminal penalties. However, if an individual is accused of family violence several times within a certain period, he or she may face charges for “continuous family violence.” Continuous family violence is a felony offense that carries a long maximum prison sentence and other devastating consequences.

Multiple Charges for Family Violence

Texas law prohibits violence against current or former family and household members. Assault family violence involves injurious or offensive physical contact with another person and is classified as a Class A misdemeanor. However, if the defendant has previous convictions for domestic assault or is accused of choking the victim, assault family violence is a third-degree felony. If you are convicted of misdemeanor assault family violence, you face up to a year in jail and a maximum fine of $4,000. If you are convicted of felony family violence, you face up to ten years in prison and a maximum fine of $10,000.

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 Posted on July 13, 2022 in Criminal Defense

Compared to many criminal offenses, disorderly conduct is a minor offense. Typically, disorderly conduct is penalized with fines and, possibly, probation. However, a conviction for disorderly conduct can still influence a person’s life in many ways – especially if the alleged offender is a juvenile. If you or your child were accused of disorderly conduct, read on to learn more.

What is Disorderly Conduct?

Unlike other criminal offenses such as drunk driving, disorderly conduct is not well defined in Texas law. Disorderly conduct can involve:

• Getting into a fight or physical altercation with someone
• Making an offensive or obscene gesture at someone with the intent of starting a fight
• Using profane language intended to provoke someone
• Music or other noise that is more than 85 decibels or that violates local noise ordinances

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 Posted on June 29, 2022 in Criminal Defense

Assault is defined in Texas law as intentionally or recklessly causing or threatening harm to or offensive contact with another person. The terms “assault” and “battery” are often used interchangeably. However, these are two different criminal offenses. Battery refers to conduct that results in actual bodily injury. Someone can be charged with assault even if they do not hurt the other person. Verbal threats, threatening gestures, or contact that is offensive, such as poking someone in the chest or shoving him or her backward, may lead to assault charges.

Many people find themselves facing assault charges because they got into a heated argument with a family member or friend. Bar fights or altercations in public can also lead to assault charges. If you or a loved one have been charged with assault, speak with a criminal defense lawyer as soon as possible. Your lawyer can help you build a strong defense to fight the charges.

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