1433 3rd St, Floresville, TX 78114
830-769-1010
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A Criminal Defense Firm Serving Wilson, Atascosa, Frio, Karnes, & LaSalle Counties.
Recent Blog Posts
What Are the Legal Defenses Against a Trespassing Charge?
Trespassing is a crime that carries a range of penalties depending on the circumstances. A trespassing conviction can involve hefty fines and jail time, which is why being charged with the offense can be a frightening experience. This is particularly true if you did not mean to trespass, which is fairly common. In this article, we will explore what trespassing is, the penalties for the crime, and the legal defenses against a trespassing charge. If you are facing accusations of trespassing, be sure to contact a Texas criminal defense attorney who can build a solid defense.
What Is Trespassing?
According to Texas law, trespassing is when a person enters someone else’s property without consent knowing that it is forbidden to do so. Even if the individual is not aware that it is forbidden but refuses to leave the property after being given notice, it is still considered trespassing.
Is It a Crime to Kick My Child Out of the House?
Raising children is one of life’s most difficult tasks and there is no guaranteed method of success. Children’s behaviors span a wide spectrum and each child tests boundaries in his or her own way. Similarly, every parent disciplines how he or she thinks is best. Some parents resort to stronger measures such as removing the child from the house. This sometimes happens when the child exhibits disruptive or dangerous behaviors around other household members, particularly other children. Drugs, violence, and harassment are just some of the reasons parents have sent their children out of the home.
But is that legal? According to Texas law, expelling your child can be considered child endangerment. This article will discuss what child endangerment is, its penalties, and how to contact a Texas criminal defense lawyer who can protect your rights.
What Is Child Endangerment?
Child endangerment is a felony that carries serious penalties. According to Texas Penal Code - PENAL § 22.041, a person endangers a child if he or she:
How Can I Prove I Accidentally Shoplifted in Texas?
Shoplifting, also known as retail theft, can carry severe penalties in Texas. Whether classified as a felony or misdemeanor, a shoplifting charge can be frightening if you did not mean to steal merchandise. It is not unheard of for well-meaning people to accidentally walk away with products they did not purchase. This is especially true as self-checkout machines continue to replace cashiers. Forgetting to scan an item can be a genuine mistake — but the retailer may not know that.
This article will discuss what a store is legally permitted to do if you are suspected of shoplifting, how you can prove you did so accidentally, and how to contact a Texas retail theft defense attorney to help build your case.
What Can a Store Do If I Take an Item Without Paying?
Under Texas law, a merchant who reasonably suspects someone of stealing has "shopkeeper’s privilege" and may take the following actions:
What is a Texas Gray-Collar Crime?
Most of us have heard of blue-collar and white-collar crimes. Blue-collar crimes are often committed by people of the middle or lower class. Crimes designated as "blue-collar" are often physical and may be aimed at specific businesses or people. Criminal offenses like assault, drug crimes, and theft usually have a clear victim and a clear perpetrator and benefit from a strong criminal defense.
In contrast, white-collar crimes are often—but not always—committed by someone who works in an upper-class position. The person who commits a white-collar crime is usually in a position of trust and power, and there is rarely an obvious victim. White-collar crimes include embezzlement, bribery, internet crimes, fraud, money laundering, and more, and are often tried in federal court.
While these are the most common "colors" of crime, there are many more that few of us have heard of, including "gray-collar crime." If you are being accused of any color of crime, it is essential that you speak to a Floresville criminal defense attorney who is experienced in all types of criminal law. Your lawyer will assess your charges and clearly lay out your options.
What Happens If You Fail a Breathalyzer or Roadside Sobriety Test?
One thing that most people know is against the law is drinking and driving. If a car seems to be swerving too much, driving in an unusual way or seems otherwise not in control, a police officer might pull the driver over to check whether they seem capable of safely driving. A common way to do so is by administering a breathalyzer test. These tests are supposed to show a person’s blood alcohol content (BAC), and if it is above a certain amount, the person is considered intoxicated legally. However, there are many reasons why a breathalyzer test is unreliable. If you failed a breathalyzer test, there is still hope for you to leave the situation without a charge. Speak with a qualified Floresville, TX criminal defense attorney to understand your options.
Inaccurate Breathalyzer Readings
Like most types of technology, whether they are portable roadside devices or those at police stations, breathalyzer testing devices need to be calibrated, maintained, and cleaned regularly to ensure proper functioning so they can determine whether someone is driving under the influence (DWI) of drugs or alcohol. Even if all of that has happened, there are substances that would never put a driver under the influence that could register as alcohol in a breathalyzer. These substances include something as commonly available and harmless as mouthwash. There are also medications that might lead a breathalyzer to mistakenly assume you are under the influence.
How Can You Apply for Expunction in Texas?
If you have been arrested or charged with a misdemeanor, such as family violence, you may be wondering if there is a way to clear your criminal record. The good news is that you may be eligible for an expunction, a legal process that erases or seals your criminal record, making it as if the arrest or charge never occurred. A Texas lawyer can guide you through the requirements and steps to apply for expunction, specifically for misdemeanor offenses like family violence.
What is the Eligibility for Expunction?
The first step in applying for expunction is determining whether you are eligible. In Texas, you may qualify for expunction of a misdemeanor if you meet one of the following criteria:
Your Rights During a Police Interrogation in Texas
Confronting a police interrogation is intimidating, particularly if you are uncertain about your rights. You should be aware of your legal rights during an interrogation because you have more rights than you probably think. A Texas lawyer can help you understand your rights and when to consider moving forward with legal action.
Know Your Miranda Rights
Upon being taken into custody and interrogated by the police, officers must inform you of your Miranda rights. These rights include the following:
- The right to remain silent
- The right to legal representation
- A warning that anything you say may be used against you in a court of law
If the police do not read you your Miranda rights, any statement you make during an interrogation could be deemed inadmissible in court.
You Have the Right to Remain Silent
One of the most important rights you possess during a police interrogation is the right to remain silent. You are not required to respond to questions asked by the police, even under pressure. Respectfully tell the officers that you are exercising this right and will not respond to any questions until your attorney is with you.
Common Defenses for Drug Possession Charges in Texas
If you are facing drug possession charges, it is crucial to understand your rights and potential defenses. A Texas lawyer can help you navigate the complex legal system and develop a strong defense strategy tailored to your specific case. It is important to do this strategically so that legal representation is beneficial.
Unlawful Search and Seizure
One of the most effective defenses against drug possession charges is challenging the legality of the search and seizure that led to the discovery of the drugs. Under the Fourth Amendment of the U.S. Constitution and Article I, Section 9 of the Texas Constitution, individuals are protected against unreasonable searches and seizures.
If law enforcement officers violated your constitutional rights by conducting a search without probable cause, a valid warrant, or your consent, your attorney can file a motion to suppress the evidence obtained during the illegal search. If the motion is granted, the drugs cannot be used as evidence against you, potentially leading to a dismissal of the charges.
What to Expect When Facing Pyramid Scheme Charges
Being charged with operating or participating in a pyramid scheme can be an overwhelming and frightening experience. It is important to know what you may be up against to improve any chance of lowering or potentially dismissing the charge. A Texas criminal defense lawyer can guide you on the most ideal approach.
The Accusations
The accusations will claim that you deliberately tricked individuals into joining and providing money to an organization you knew would collapse. Prosecutors will attempt to portray your actions as intentional fraud rather than a lawful multi-level marketing structure. Expect accusations around things like:
- Promising unreasonable returns for joining and recruiting others
- Emphasizing recruiting over actual product sales
- Requiring large upfront payments to participate
What Is the Process for a First Offense DWI in Texas?
Getting arrested for your first DWI in Texas can be a scary and overwhelming experience. A Texas DWI defense attorney can help guide you through the process and consequences to expect after a first-time DWI charge.
What to Know About The Arrest
If a law enforcement officer pulls you over and suspects you of driving while intoxicated, they will typically conduct a series of roadside sobriety tests and a breath or blood test to check your blood alcohol content (BAC) level. If your BAC is 0.08% or higher and the officer determines you are intoxicated based on the tests, you will be arrested and taken to jail.
At the jail, you will be fingerprinted, photographed, and formally charged with a DWI. You will also have the option to take an additional breath or blood test. After processing, you may be held in jail until sober or released on bail. Those arrested must arrange for transportation, as your license will be confiscated if you fail the sobriety tests.
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1433 3rd St, Floresville, TX 78114
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