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Understanding Texas Crime Classifications and Their Penalties

 Posted on April 09,2021 in Criminal Defense

TX defense lawyerWhen one is convicted of a crime, the illegal activity that they have been deemed guilty of committing falls within a set of categories based on severity, also known as a classification. Not all crimes are one and the same, for instance, stealing a few items off a store shelf and killing another individual are held on completely different playing fields. For obvious reasons, petty theft and murder are granted much different penalties which are determined by the classification of the crime. So how do you know which classification your crime falls under and what are the penalties?

Classification of Misdemeanors

There are three classifications of misdemeanors, which include common offenses such as a traffic violation and span all the way to assault. The following are the three misdemeanor classifications, with Class A as the most serious and Class C as the least.

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What Are My Rights if My Child is in the Juvenile Justice System?

 Posted on March 30,2021 in Juvenile Law

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A parent’s worst nightmare is seeing their child hurt in any way, even if they have done wrong. For minors who are convicted of a crime, the consequences that follow the trial can be devastating for both the child and their parent. The child will be held accountable for their actions through the juvenile justice system, either through fines, probation, or even time behind bars, and the parent is left uncertain of how to proceed. Unless you or your child have been previously convicted by the juvenile court, you likely have little knowledge of what the proceedings entail and what rights you have as a parent. If it is your first experience with the Texas juvenile justice system, there are some things that you should know, including how your actions can lead to your own set of criminal charges.

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What Is Pretrial Diversion and How Can It Help Me?

 Posted on March 19,2021 in Criminal Defense

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When it comes to the criminal justice system, once you are in it, you quickly begin to feel trapped. Once a criminal charge is added to your record, a certain stigma begins to follow you around. Criminal charges are public records, meaning anyone and everyone can look up your background. For many academic institutions and professional businesses, conducting a background check is simply part of the protocol and any evidence of criminal activity can immediately eliminate you from the pool of applicants. While this may seem fair for those with a past riddled with violent crimes, what about first-time offenders or those with substance abuse issues?

What Is Pretrial Diversion?

Pretrial diversion programs are voluntary alternatives to traditional criminal justice processing, such as large fines and spending time behind bars. As the criminal justice system has evolved, professionals have noticed that offenders have a tendency to re-offend once they are looped into the criminal justice system. This is known as recidivism. The stigma that comes along with a criminal background can keep offenders from securing a stable job and income, often leading them back to what they know best: a life of crime.

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Can Others Face Charges if I Drive While Intoxicated in Texas?

 Posted on March 05,2021 in DWI

Atascosa County criminal defense attorney DWI

Law enforcement always comes down hard on those found driving while intoxicated (DWI). Not only did the driver make the conscious decision to become intoxicated and get behind the wheel, but they also decided to place other drivers in the direct line of danger. So, what if your DWI leads to another person’s injury or death? The injured driver may pursue a personal injury case in addition to the criminal charges that come along with a DWI. But what about the other factors at play? Can the person who provided you with alcohol also be held accountable? 

The Effects of Alcohol on Driving

A few drinks may not seem to leave a big impact, but there are a number of effects that alcohol can have on the average driver. The National Highway Traffic Safety Administration (NHTSA) cites four ways in which alcohol can affect your driving capabilities, the first being judgment. Adding alcohol to your system can alter your sense of judgment, in turn leading you to go 20 mph over the speed limit, blow a red light, and more. Your vision is also impaired, making it challenging to see traffic lane lines, speed limit signs, and the distance between you and the cars around you. Your reaction time will be delayed as well, making it very likely that you will be unable to properly react to all of the unpredictable occurrences that can happen while on the road. Finally, your ability to perceive color can also be affected. You may struggle to tell the difference between green, yellow, and red lights, which can easily lead to a dangerous accident. 

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What Are the Most Common Traffic Violations in Texas?

 Posted on February 26,2021 in Criminal Defense

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There is no worse feeling than seeing blue and red flashing lights in your rearview mirror. You pull over, get out your driver’s license and insurance cards, and anxiously await for the police officer to come to your window. Typically, drivers know what they are being pulled over for, but in some cases, you may be uncertain. Do you remember speeding? Did you properly use your turn signal? Did you blow a stop sign? If you do not remember disregarding the laws of the road, there is a chance that you did not actually do what the officer is accusing you of. Policemen understandably make mistakes, just like anyone else, which is why you have the opportunity to challenge traffic violation tickets.

Common Traffic Offenses

There are a number of traffic violations that are common on Texas roadways, some that seem fairly innocent while others blatantly place the driver and others on the road in danger. The following are the most common traffic offenses in Texas:

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Texas Governor’s 5-Year Security Plan Aims to Reduce Crime Along Border

 Posted on February 19,2021 in Criminal Defense

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As a state bordering Mexico, cities in Texas can become havens for crime. Not only can Mexican criminals make it over the border and continue committing offenses in the United States, but Texas criminals can also escape into Mexico to avoid facing criminal penalties for their actions. The border has held a dangerous reputation for years and Texas Gov. Greg Abbott recently released a five-year plan to increase security along the border to keep all Texans safe. Gov. Abbott noted human trafficking and drug cartels as his two primary targets in the Texas Homeland Security Strategic Plan 2021-2025.

Primary Security Goals

The Texas governor released a 93-page report at the end of January that outlines 25 objectives and 123 priority actions that he would like to see accomplished in the next five years. In regards to the state’s overall security, the following four goals stand out:

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A Texas City Takes Action to Protect Their Children from Sex Offenders

 Posted on February 08,2021 in Criminal Defense

Atascosa County criminal defense attorney sex crimes

There is no question why the label “sex offender” creates a negative stigma for the person who is associated with it. Those who classify as sex offenders may have been convicted of a number of offenses—some of which may involve inappropriate behavior with children. An unfortunate, yet common example includes teachers having inappropriate relationships with students. Even though high school students may be nearing adulthood, anyone under the age of 18 is still considered a minor and a sexual relationship with them can lead to sexual offense charges. Those who are convicted of sex crimes involving a minor will face more serious consequences than others; some can last a lifetime even after a sentence has been served. 

Kyle, Texas Takes Action

Most states have blanket restrictions regarding where registered sex offenders can live and work. For those convicted of a sexual offense involving a child, they are no longer able to live within a certain distance of where children gather, such as a school or a daycare center. The state of Texas was actually the first state to pass a sex offender residency restriction law back in 1994, restricting child sex offenders from living within 500 feet of where children gather. Most cities, however, have tacked on additional ordinances for those living within city limits. 

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Ohio Woman Pleads Guilty of Defrauding Texas Companies

 Posted on January 29,2021 in Criminal Defense

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When you think of scammers, you likely picture pickpockets on city streets or anonymous faces hacking your computer from the other side of the world. Scammers can come in all shapes and sizes, including outsiders targeting companies. While the payoff may be big upfront, the legal ramifications most certainly outweigh the large check. One Ohio woman recently pleaded guilty to participating in a defraud scheme three years ago. Though she was not in charge of the scheme, her actions with Texas companies still left her facing serious criminal charges.

Texas Companies Defrauded of $600k

Bintu Toure, a 26-year-old woman from Canton, Ohio, faces a possible three-year prison sentence after pleading guilty to defrauding two Texas companies of over $600,000. The scheme? Tricking the company by using false invoices. Toure was one of three individuals who sent false invoices to companies pretending to be their suppliers, then moving the money overseas once the cash was in their possession. The group of scammers claimed to be collecting payment for “frozen chicken parts” for two Brazilian poultry suppliers. This white-collar scheme ran from November 2018 through May 2019 and Toure accumulated $629,000 throughout the seven months. Based on the details of her case, Toure faces a maximum sentence of 20 years for both wire fraud and money laundering conspiracy, though her plea deal asks for a sentence on the low end of the spectrum, meaning three to four years in prison.

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Are You at Risk of Losing Your Texas Commercial Driver’s License?

 Posted on January 15,2021 in Criminal Defense

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The drivers of commercial motor vehicles (CMV), also known as semi-trucks, 18-wheelers, and big rigs, play an important role in the U.S. economy. From transporting important cargo across the country to keeping online businesses alive, truckers keep the economy going, especially this past year. The job may seem fairly straightforward—drive from one destination to another—but truckers have a large responsibility to uphold to both the companies that they work for and others on the road. Because these 18-wheelers are so large and powerful, the drivers of these massive vehicles are required to obtain a special license, known as a commercial driver’s license (CDL), and run the risk of facing harsher criminal penalties than the average driver for committing traffic violations

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Austin Has Seen a Spike in Homicides, Uncertainty on What Is to Blame

 Posted on January 08,2021 in Criminal Defense

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Austin is one of the largest cities in Texas, housing the University of Texas, and seeing a recent growth in population. This up-and-coming city is not typically known for the violence that exists in dark corners, but over the past year, Austin has seen a spike in violent crimes. Similar to many cities across the country, Austin has experienced an increase in homicides and aggravated assaults. Lawmakers and officials have speculated on the cause of this violence and hope that the new year does not follow suit.

Increase or Decrease Police Supervision?

The year 2020 has come with its fair share of challenges, including social unrest from all ends of the political spectrum. Peaceful protests have quickly turned to dangerous gatherings in streets across the country for a variety of reasons. Like many cities, local officials decided to cut a portion of its police department funding, amounting to $20 million. This was done in an attempt to reallocate resources and responsibilities away from the police to other parts of city government so officers could focus on fighting crime, thus increasing public safety throughout Austin. Despite these efforts, 45 homicides were reported by mid-December of 2020 which is a significant jump from the 29 total homicides in Austin that occurred during the previous year. Additionally, aggravated assaults have risen 12 percent in the past year. Based on these numbers, Austin now ranks 43rd in the country in homicide rates among U.S. cities.

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