Posted on August 28, 2023 in Criminal Defense

In recent years, there has been a growing shift in public opinion regarding marijuana use. The majority of states allow the use of marijuana for medical purposes, and some states have also legalized the drug for recreational use. However, it is important to remember that marijuana is still considered an illegal controlled substance under federal law and in Texas. If you are facing drug charges for marijuana possession in Texas, it is crucial to understand the potential consequences you may face if you are convicted.

Marijuana Laws in Texas

Texas has some of the strictest drug laws in the United States when it comes to marijuana. The possession, sale, distribution, or cultivation of any amount of marijuana is considered a criminal offense. The severity of the offense depends on several factors, such as the amount of marijuana involved and whether there was an intent to distribute.

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 Posted on August 18, 2023 in Criminal Defense

Originally published: December 27, 2021 -- Updated: August 17, 2023

Update: As described below, accusations that someone has possessed child pornography can lead to multiple types of serious consequences. However, it is also important to understand when a person could potentially be accused of promotion of child pornography, which is an even more serious offense. This sex crime can not only result in large fines and multiple years of jail time, but a person who is convicted will be required to register as a sex offender, which can limit where they will be able to live and affect their ability to find employment.

Promotion of child pornography generally involves the distribution of illegal materials to others. Actions like transmitting digital files to someone else may lead to these types of charges. However, other activities may fall into this category, such as printing photographs, displaying videos to others, or advertising or offering to sell or distribute child pornography. Any attempts to give, deliver, or transfer materials that depict minors engaging in sexual conduct to others may result in charges of promotion of child pornography. In fact, possessing at least six identical copies of materials that are considered child pornography creates the presumption that a person intends to promote child pornography.

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 Posted on July 28, 2023 in Criminal Defense

Of the different offenses that can result in criminal charges in Texas, robbery is among the most serious. Because it is usually considered a violent crime, accusations of robbery can result in harsh treatment from law enforcement, and a person will face felony charges. However, there are some cases where a charge may be elevated to aggravated robbery, and a conviction could result in even more serious penalties. By understanding the elements that may elevate a robbery charge to aggravated robbery and the potential consequences of an aggravated robbery conviction, those who are accused of this offense can determine their best options for addressing the charges. With the help of a skilled and experienced criminal defense attorney, a person can take steps to avoid a conviction or resolve their case with minimal penalties. 

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 Posted on June 19, 2023 in Criminal Defense

Killing someone else is one of the most serious crimes a person can commit, and if a person's intentional actions led to someone's death, they may face murder charges. Those who are found guilty of this crime can face severe consequences, including life imprisonment and even the death penalty. For anyone who could potentially face murder charges, it is essential to understand the nature of the charges, the potential penalties for a conviction, and the options for defense.

Murder and Capital Murder Charges

The offense of murder generally involves intentionally killing someone or knowingly taking actions that lead to a person's death. However, a person may also be charged with murder if they took actions that were intended to cause someone to suffer serious bodily harm, and these actions led to someone's death. For example, a vicious beating with a weapon such as a baseball bat is likely to cause serious bodily injuries, and if the victim dies from their injuries, the perpetrator may be charged with murder.

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 Posted on May 28, 2023 in Criminal Defense

Originally published: July 19, 2022 -- Updated: May 29, 2023

Update: In addition to the potential criminal charges for public intoxication described below, there are several other offenses that you could potentially be charged with in these situations. These may include:

• Disorderly conduct - This offense may involve a variety of activities that people may engage in when they are drunk or intoxicated. Using abusive or vulgar language or making offensive gestures in a way that breaches the peace, threatening someone in an offensive manner, making unreasonable amounts of noise, getting into fights or physical altercations, or exposing one's genitals or anus may result in Class C misdemeanor charges. Displaying a deadly weapon in a way that is meant to alarm others or discharging a firearm in a public place may result in Class B misdemeanor charges.

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 Posted on May 19, 2023 in Criminal Defense

The state of Texas has strict laws concerning domestic violence, which is generally referred to as "family violence" in the state's statutes. If you are accused of family violence, you may face severe consequences, including criminal charges related to domestic assault, sexual assault, child abuse, or other offenses. However, in many cases, the most immediate concerns may be related to protective orders that could affect multiple aspects of your life. If you are worried about how you may be affected by an order of protection after being arrested for or accused of family violence, you can work with a criminal defense attorney to determine how to respond to these issues.

Protective Orders in Texas Family Violence Cases

A person who believes that they or their family members may suffer harm due to domestic violence may apply for an emergency protective order, and they will usually be required to appear before a judge and explain why the order is needed. This is also known as an "ex parte" order, which means that only one party needs to be present at a court hearing, and a protective order may be issued without the person who is accused of family violence being given a chance to defend themselves against the accusations.

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 Posted on April 21, 2023 in Criminal Defense

Being charged with a sex crime is a serious matter, and the consequences that come with a conviction can be severe. In addition to facing lengthy prison sentences, large fines, and periods of probation, a person who is convicted of this type of offense will have to register as a sex offender. Being on the sex offender registry can limit a person's employment prospects, make it difficult to find housing or pursue education, and cause irreparable damage to their reputation and personal relationships. Anyone who has been charged with a sexual offense will need to understand the potential sex offender registration requirements that may apply if they are convicted. By working with an experienced criminal defense attorney, they can determine the best steps to take to avoid these consequences.

Texas Sex Offender Registration Requirements

In Texas, anyone who has a "reportable conviction or adjudication" will be required to register as a sex offender. The offenses that require registration include:

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 Posted on April 07, 2023 in Divorce

Divorce can be a complex and emotionally charged process, particularly when it comes to dividing assets. Retirement benefits are often a significant part of a couple's financial planning, and they are just one of many important factors to consider during a divorce. It is important for divorcing spouses to understand the various types of retirement benefits they may need to address, how these assets may be divided, and what factors are involved in the process.

Types of Retirement Benefits

There are several different types of assets that spouses may rely on to provide for their financial needs when they retire in the future. Each of these assets may be treated differently during a divorce. Here are some common types of retirement benefits:

• Defined contribution plans - These plans are funded by an employee, usually by deducting a certain amount from their income and depositing these funds into a retirement account. A person's employer may also make contributions on the employee's behalf, such as by matching a certain percentage of the amounts deposited into an account. Examples of these types of plans include 401(k) accounts, Thrift Savings Plans, and individual retirement accounts (IRAs).

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 Posted on March 23, 2023 in Drunk Driving / DUI

The dangers of drunk driving have been well-established. The use of alcohol or drugs can significantly impact a person's ability to operate a vehicle safely, and a person who is intoxicated is much more likely to be involved in an accident that could result in serious injuries or fatalities. Because of these risks, anyone who is accused of operating a vehicle after using drugs or alcohol may face criminal charges for driving while intoxicated (DWI). In most cases, a first-time DWI will be charged as a misdemeanor, and while a variety of penalties will apply, a person usually will not face a lengthy prison sentence if they are convicted. However, there are some situations where a DWI arrest may result in felony charges, and a person may be sentenced to one year or more in prison.

What Constitutes a Felony DWI?

In Texas, the basic charge for driving while intoxicated is a Class B misdemeanor, although a charge may be elevated to a Class A misdemeanor if a person had a blood alcohol concentration (BAC) of .15 percent or more. A second DWI may also be charged as a Class A misdemeanor. Class B misdemeanors have a maximum sentence of six months in prison, and Class A misdemeanors have a maximum sentence of one year.

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 Posted on March 13, 2023 in Criminal Defense

There are a variety of different situations in which a person may be charged with theft in Texas. The specific charges for theft will usually be based on the value of the items that were allegedly stolen. However, additional considerations may apply in cases involving retail theft. If you have been accused of shoplifting or charged with retail theft in Texas, it is important to understand the possible penalties you may face. This offense can be very serious, and you could potentially face a sentence in prison as well as large fines. Fortunately, with the help of a criminal defense lawyer, you can determine how to address and defend against these charges.

Specific Charges for Retail Theft and Their Penalties

Retail theft may involve any situations where merchandise is taken from a retail store without the permission of the owner. Many cases involve people pocketing items and walking out without paying for them, but there are other situations in which a person may be accused of taking actions meant to deprive a store owner of merchandise or the money they would have received from customers. For example, people may switch price tags on items or ring up items incorrectly using self-checkouts in order to pay less than the full retail price. These actions may also lead to criminal charges for retail theft.

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