Posted on February 11,2022 in Criminal Defense

You probably do not want to go to either jail or prison. These punitive facilities are intentionally designed to be unpleasant, to say the least. If you have already been arrested and charged with a crime, then you are probably familiar with jail. Prisons, on the other hand, are exclusively for those who have already been convicted of felonies. Your best bet is to do everything you can to avoid landing in prison, starting with finding an experienced criminal defense attorney.

What Are Jails Used For?

Jail is where arrestees are taken and held until they are able to bond out - if they are able to bond out. Generally, people are taken to local city jails, frequently attached to a police station, right after arrest. City jails are generally designed to hold arrestees for very short periods of time - usually, over the weekend until they can see a judge on Monday at most.

However, those who are unable to bond out may be sent to a county jail, which is larger and better equipped to keep inmates for somewhat longer periods of time. There are instances where people have sat in a county jail for years on end waiting to be tried. Quite a few jail inmates have yet to be convicted of any crime and are supposed to be presumed innocent.

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 Posted on January 28,2022 in Criminal Defense

Sex crimes are widely regarded as some of the worst. No other type of offense leaves you with the same kind of stigma or results in the same kind of potentially lifelong restrictions. Sex offenders are likely to struggle with the consequences of their convictions for the rest of their lives. Depending on the level of the offense, you may be subjected to embarrassing notification requirements or barred from living in certain places. The impact of being registered as a sex offender on your life can be intense.

If you are facing sex crime charges, the importance of finding an aggressive attorney and building the best possible defense cannot be understated. Prison time is just the beginning of the consequences should you be convicted.

5 Facts Sex Crime Defendants Should Be Aware Of

If you are facing felony sex crime charges, there is a lot at stake. Your entire future is in jeopardy. It is important that you know:

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 Posted on January 21,2022 in Criminal Defense

Being charged with a felony is scary. There is a lot more at stake in felony prosecutions - you could go to prison for more than a year, and the social repercussions of a felony conviction can be lifelong. Having a felony on your record can exclude you from educational and career opportunities, and even make it difficult to find housing. Some felonies are fortunately relatively rare, but others are much more common than you may realize.

If you are facing one of these felony charges, rest assured that you are not alone. Seeking out a well-qualified criminal defense attorney would be a wise move. In some cases, felony charges can be reduced to misdemeanors when the case is carefully handled.

Which Felonies Are Most Commonly Prosecuted in Texas?

While a misdemeanor record can certainly cause some problems, a felony conviction will have a serious impact on your life. Some people, after being arrested, are surprised to learn that they have been charged with a felony over what they believed was a relatively non-serious offense. Common felonies Texans are charged with include:

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 Posted on January 14,2022 in Criminal Defense

Most people would prefer to go their entire lives without ever being arrested or charged with a crime. Unfortunately, it can be strikingly easy to make one bad move and find yourself in legal trouble. Although misdemeanors are the less serious category of crimes in Texas, being charged with one can still have a substantial negative impact on your life. That said, if you find yourself facing one of these misdemeanor charges, you are not alone. Thousands are arrested and accused of crimes every day. Your response to the charge matters. Taking the case seriously and securing good legal representation can have an enormous impact on the ultimate outcome of your case.

What Are the Most Commonly Charged Misdemeanors in Texas?

No two criminal cases are ever alike, but some types of accusations are more common than others. Most Texans who get arrested for alleged misdemeanor crimes are accused of:

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 Posted on December 29,2021 in Criminal Defense

Murder and manslaughter are both very serious felony charges that can lead to extended prison sentences. Manslaughter, however, is seen as slightly less serious than outright murder. While both are considered forms of homicide, capital murder, murder, and manslaughter are three distinct offenses in Texas. Trying to determine which charge applies to a given series of events that resulted in a death can be difficult, as many elements of murder and manslaughter overlap. Much of the distinction comes down to the defendant’s intent and state of mind.

If you are facing any homicide charge, your freedom and future depend on a strong legal defense. Securing aggressive legal counsel should be your first priority.

What Does Murder Mean in Texas?

In Texas, murder generally applies to situations where the defendant has knowingly and willingly caused the death of another person. Murder charges can also apply if the defendant intended to cause the victim serious bodily harm, or was in the course of committing a different felony when he killed someone as a result. So, murder does not necessarily mean actually intending to kill - a defendant who intended only to seriously hurt someone may be liable for murder if the victim instead dies.

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 Posted on December 16,2021 in Criminal Defense

If you have been accused of a white-collar crime, you are probably worried about much more than the criminal sentence you could be facing itself. You have probably worked hard to build your career, life, and reputation. Being convicted of a white-collar crime can threaten everything you have worked for over the years. It could also affect not just you, but also your family.

If you are facing white-collar criminal charges, it is important that you find a criminal defense lawyer who appreciates the far-reaching consequences you could face if convicted. A lot is at stake for people accused of white-collar crimes.

What Additional Concerns Might I Have in a White-Collar Crime Case?

People accused of white-collar crimes tend to have one thing in common - they are professionals. Many alleged embezzlers hold trusted positions at large corporations. Those accused of money laundering typically own a business. People who are in a position to commit white-collar crimes in the first place may have more to lose than those accused of street-level crimes like drug possession. If you have been accused of a white-collar crime, consider:

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 Posted on December 09,2021 in Criminal Defense

Your spouse probably knows almost everything about you, from your deepest fears to your favorite song. Many married couples share nearly every aspect of their lives and have few or no secrets from each other. If you have been accused of a crime, odds are, your spouse knows something about that too. You may be worried about the potential impact of having your spouse testify against you, not just on your case but on your marriage as well.

Luckily, Texas law carves out a few exemptions to protect married couples from having to testify in proceedings against each other and limiting the scope of questioning if they do. A qualified attorney can help you better understand whether your spouse may have to testify, and if so, about what.

What Two Texas Rules Protect Spouses from Testifying Against Each Other?

In Texas, there are two distinct rules that protect married couples from having to incriminate each other. They are:

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 Posted on November 22,2021 in Criminal Defense

The definition of a “burglary” can vary wildly between states. The general consensus is that burglary is a felony committed when a person breaks into a structure intending to commit another crime inside. Some states are very specific about what type of structure is covered under the burglary statute. Others are particular about what type of crime the offender must be planning to commit once inside. If you have been accused of committing burglary, you may have a lot of questions about why you have been charged with this crime. It is best to speak to a criminal defense attorney who can assess how the Texas burglary statute applies to your case and begin preparing your defense.

What Is the Legal Definition of Burglary in Texas?

In Texas, burglary means unlawfully entering or staying in a building with the intent to commit theft, assault, or any felony. Traditionally, people think of burglaries as being limited to home invasions for the purpose of stealing a family’s things. However, the legal definition of burglary in Texas is not nearly so limited. The building or structure targeted need not be a residential dwelling - retail stores, financial institutions, office buildings, or any other public or private building may count for the purposes of a burglary charge. Even a vehicle like an RV or camper that is designed for use as temporary accommodations.

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 Posted on November 19,2021 in Criminal Defense

Family violence accusations are serious. Even if it is charged as a misdemeanor assault family violence rather than a felony, the stigma associated can limit your future career, educational, and social opportunities. False accusations of intimate partner violence are extremely common, however. The reasons people make these kinds of allegations are numerous. Whatever happened, you are now facing a very serious charge - for something you did not do. If this is happening to you, you will need to get in touch with an aggressive criminal defense attorney soon to give you the best chances of clearing your name.

Why Do People Make False Family Violence Claims?

You may have been completely blindsided by your arrest. You know you did nothing wrong, but you are still facing a terrifying prosecution. There is no good reason for filing a false police report alleging an assault that never happened, but common reasons include:

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 Posted on November 09,2021 in Criminal Defense

Texas boasts some of the nation’s harshest laws regarding prostitution. As of September 1, 2021, we became the first state to make the crime of purchasing sex from a prostitute a felony. As for prostitution, it can be charged as a felony or as a misdemeanor depending on the circumstances. Either way, a prostitution charge will have a serious impact on your life. Undercover stings where police pose as interested buyers (“johns”) are one of the most common ways people get arrested for prostitution in Texas.

Many people who are caught up in a prostitution sting, whether they are guilty or not, immediately think of entrapment as a possible defense. However, the defense of entrapment requires a very high bar to be met. If you were arrested during a prostitution sting operation, you will want a strong legal advocate to stand between you and the prosecutor. Texas sentencing can be notoriously harsh for sex crimes.

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