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Can Common Household Items Be Considered Drug Paraphernalia?

 Posted on November 14, 2024 in Criminal Defense

Cooke County, TX criminal defense lawyerTexas law makes it a crime to possess drug paraphernalia with intent to use it. This means that even if you have not been found in possession of an illegal drug but possess utensils used for illegal drugs, you may be charged with a crime. But what objects are considered "drug paraphernalia"? Could everyday household items be included in that category?

Controlled substances are relatively easy to spot, but confirming whether an object is used for such substances is not so clear-cut. If you have been charged with possession of drug paraphernalia, reach out to a Texas criminal defense lawyer who will investigate your case and build a defense.

What Is Drug Paraphernalia in Texas Law?

According to the Texas Controlled Substances Act, drug paraphernalia is anything that is used for planting, growing, cultivating, processing, testing, making, storing, using, or hiding a controlled substance. This is a fairly broad definition that can include many objects, but the law also lists certain items that are considered drug paraphernalia:

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Can I Be Charged if My Student Consents to a Relationship?

 Posted on October 28, 2024 in Criminal Defense

TX defense lawyerRomantic relationships between teachers and students are frowned upon by many educational institutions and states. Texas law is strongly opposed to sexual relationships between certain teachers and students, making them a criminal offense. Still, surveys report that as many as 10 percent of students report having sexual relationships with teachers, and 13 percent of educators report having them with students. If you are an educator accused of an improper relationship with a student, contact a Texas criminal defense attorney to begin building your defense right away.

What Is the Law About Relationships Between Teachers and Students?

Section 21.12 of the Texas Penal Code forbids sexual relationships between students and employees of primary or secondary schools. This means that any teacher, assistant, secretary, coach, janitor, or administrator in a primary or secondary school who has sexual contact or intercourse with a student is guilty of a crime. The law even covers students who are enrolled in the same school district where the employee works. It makes no difference if the student consents to the relationship or is at least 17 years old, which is the age of consent in Texas — it is still a criminal offense.

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When Are Executives Personally Liable for Corporate Fraud?

 Posted on October 10, 2024 in Criminal Defense

TX defense lawyerExecutives are responsible for the management of a company. Some are in charge of the company’s operations, while others are tasked with bringing in revenue, overseeing personnel, or establishing strategic partnerships.

So when corporate fraud is committed, who is responsible? A corporation is considered a person in the eyes of the law and can be indicted. Does that mean that if the company is charged, its officers and managers are not liable?

Corporate fraud encompasses a wide range of state and federal misdemeanors and felonies that are generally referred to as white-collar crimes. This article will discuss what corporate fraud is, when executives are liable for corporate fraud, and how to consult a Texas criminal defense attorney to protect you against corporate fraud charges.

What Is Corporate Fraud?

Corporate fraud is an umbrella term for different types of fraud that can be carried out through a corporation. These include:

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What Are the Legal Defenses to a Disorderly Conduct Charge? | TX

 Posted on September 26, 2024 in Criminal Defense

Cooke County, TX disorderly conduct defense lawyerIndividual rights and liberties are a cornerstone of American life. This does not mean, however, that people have the right to do whatever they want in public. Peace and order are important for a functional society, which is why there are laws against disorderly conduct. In Texas, disorderly conduct is a criminal offense that carries penalties in addition to a criminal record.

However, Texas law’s definition of disorderly conduct is broad and vague, which can lead to violations of individual rights and freedom. If you or someone you know has been charged with disorderly conduct, contact a Texas criminal defense attorney who can protect your rights and help build a legal defense. 

What Qualifies as Disorderly Conduct in Texas?

According to Texas Penal Code §42.01, a person commits disorderly conduct if he or she knowingly and publicly makes a threatening or offensive gesture or abuses someone in an offensive manner. This is a fairly vague provision because the law does not define "offensive." Something that is offensive to you may not be to someone else, and vice-versa. This could lead to situations where law enforcement officers arrest citizens for something they, the officers, consider offensive.

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How Can I Fight a Solicitation Charge in a Sting Operation?

 Posted on September 11, 2024 in Criminal Defense

TX defense lawyerLaw enforcement agencies use various methods to catch people committing crimes. One of those methods is sting operations, where agents or officers go undercover and present someone with an opportunity to commit an offense. This is a controversial but standard practice among state and federal law enforcement bodies.

Sting operations are commonly used to catch people soliciting or engaging in prostitution. Teams of law enforcement agents use aliases online to pretend to be minors or women who appear available for sexual encounters. When someone solicits them for sexual services, that person is charged with solicitation of prostitution.

Solicitation is a serious crime that carries severe penalties. To understand how to defend against such a charge, it is important to first understand what it is. This article will discuss what is considered solicitation of prostitution and how to contact a Texas criminal defense attorney to help build your defense.

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Do I Need a Criminal Defense Attorney?

 Posted on August 27, 2024 in Criminal Defense

Cooke County Violent Crimes LawyerWhen faced with criminal charges, even minor ones, hiring a criminal defense attorney is crucial. Many people believe that they can handle minor legal issues on their own, especially if they think the charges are not serious. However, the legal system is complex, and what might seem like a small issue can quickly become fines, jail time, and a permanent criminal record.

A criminal conviction, no matter how minor, can have long-lasting consequences on your life, affecting your job, reputation, and future opportunities. This is why having a skilled Texas criminal defense attorney by your side is important to protect your rights and navigate the legal process effectively.

What Does a Criminal Defense Attorney Do?

A criminal defense attorney is a legal professional who defends people who have been accused of crimes. Their main jobs are to:

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What Are the Penalties for Committing Forgery in Texas?

 Posted on August 15, 2024 in Criminal Defense

Denton County, TX fraud charges defense lawyerAre you or someone you know facing forgery charges in Texas? The situation is serious, and the consequences can be life-changing. Forgery accusations in Texas are not taken lightly by law enforcement or the courts. A conviction could mean jail time, hefty fines, and a criminal record that follows you for years.

But what exactly counts as forgery in Texas? What penalties might you be facing? And most importantly, what can you do to protect your rights and future? A Texas lawyer can help you figure out what you should do in your specific situation.

What is Considered Forgery in Texas?

In Texas, forgery covers various deceptive actions involving documents. It includes creating, altering, or using a false document with the intent to defraud or harm another person. This can take many forms, from putting someone else’s signature on a check to altering the amount on a financial document.

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Defense Against False Protective Order Claims in Texas

 Posted on July 30, 2024 in Criminal Defense

Denton County criminal defense lawyerIn Texas, protective orders are powerful legal tools designed to protect individuals from abuse, harassment, or threats. However, these orders can sometimes be misused, leading to false accusations that can have severe consequences if you are accused. Understanding the process and your rights is helpful if you find yourself wrongly facing a protective order. A Texas lawyer can help you if you receive a false allegation.

The Impact of a Protective Order

A protective order, often referred to as a restraining order, can significantly affect your life, even if based on false allegations. The consequences may include:

  • Restrictions on your movement and communication
  • Potential loss of access to your home
  • Limitations on child custody and visitation rights
  • Negative impact on your reputation and employment

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What Are the Consequences of Violating Probation in Texas?

 Posted on July 15, 2024 in Criminal Defense

Denton County criminal defense lawyerProbation offers individuals convicted of a crime the opportunity to serve their sentence under supervision within the community rather than in jail or prison. However, violating probation terms can lead to severe consequences. A Texas lawyer can help you understand the potential outcomes of your situation.

What Constitutes a Probation Violation?

Probation violations occur when an individual fails to comply with the terms and conditions set by the Texas court. Common violations include:

  • Failing to report to the probation officer
  • Committing a new offense
  • Failing drug tests
  • Associating with known criminals
  • Leaving the assigned area without permission
  • Violating curfew
  • Failing to maintain employment or attend required programs

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How Serious is a Charge for Selling Drugs in Texas?

 Posted on June 26, 2024 in Criminal Defense

Cooke County criminal defense lawyerIn Texas, drug-related offenses are treated with seriousness, and charges for selling drugs can have severe consequences. Understanding the nature of these charges is crucial for anyone facing such allegations. A Texas lawyer can help you learn more in-depth what these charges could mean for you, specifically based on your circumstances.

Classification of Drug Offenses

Texas categorizes controlled substances into penalty groups, with Group 1 being the most severe and Group 4 the least. Common drugs in each group include:

  • Group 1: Cocaine, heroin, methamphetamine
  • Group 2: Ecstasy, PCP
  • Group 3: Certain prescription drugs like Valium and Xanax
  • Group 4: Compounds containing limited quantities of narcotics

The severity of the charge depends on the type and amount of drug involved.

Penalties for Drug Sale Offenses

Selling drugs in Texas can result in felony charges, which carry significant penalties:

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