| Free ConsultationsSe Habla Español | 940-382-1976 |
Recent Blog Posts
Understanding the Issue of Consent in Sexual Assault Cases
There are a variety of situations where a person may be accused of committing sex crimes. One of the most common offenses that falls under this category is sexual assault. This charge may apply if a person is accused of engaging in sexual intercourse with another person without that person’s consent. However, consent is not always easy to understand, and situations may arise in which a person accused of sexual assault may have believed that consent had been given, but the alleged victim may disagree. By understanding how the laws in Texas address consent, people accused of sexual assault or other sexual offenses can determine their legal options.
When Is Sexual Activity Considered to Be Non-Consensual?
The Texas Penal Code outlines a number of different instances in which sexual activity may be considered to be without consent and constitute sexual assault. Most people would recognize that when physical force is used, this involves a clear lack of consent and constitutes sexual assault. However, other methods of compelling a person to engage in sexual intercourse may also be used, such as threats to injure the victim or someone else or other forms of coercion.
Three Strategies for Defending Against Assault Charges in Texas
Under Texas law, assault is defined in Texas law as intentionally or recklessly causing or threatening harm to or offensive contact with another person. The terms “assault” and “battery” are often used interchangeably. In some states, the offense of “battery” refers to conduct that results in actual bodily injury, but Texas does not recognize battery as an offense separate from assault. Instead, the offense of assault encompasses most behaviors that constitute battery in other jurisdictions.
A person can be charged with assault even if they do not hurt the other person. Verbal threats, threatening gestures, or contact that is offensive, such as poking someone in the chest or shoving him or her backward, may lead to assault charges. As such, many people find themselves facing assault charges because they got into a heated argument with a family member or friend. Bar fights or altercations in public can also lead to assault charges. If you or a loved one have been charged with assault, speak with a criminal defense lawyer as soon as possible. Your lawyer can help you build a strong defense to fight the charges.
What Happens the First Time I Violate Probation?
Whether you are on probation in lieu of jail time or are serving out the remainder of a jail sentence under community supervision, violating the terms of your probation could have severe consequences. Depending on the severity of the original crime and the actions that led to your accused probation violation, you could face community service, increased fines, or even being sent back to jail. No matter what circumstances or actions led to the violation of your probation, you should hire a criminal defense lawyer who can help you make your case to the judge.
Probation Violations and Consequences
Being sentenced to probation may seem like a great alternative to spending time behind bars. The justice system recognizes the opportunity you have been given and subsequently imposes terms you must abide by to remain on probation.
There are a number of actions that could lead to a probation violation. These include:
The Fourth Amendment and the Protective Sweep Doctrine
The Fourth Amendment to the U.S. Constitution provides protection from unreasonable searches and seizures by the government. However, it only provides protection from searches and seizures that are deemed unreasonable under the law. One type of search that is not prohibited by the Fourth Amendment is a “protective sweep.”
What Is a Protective Sweep?
Under the Fourth Amendment, the police cannot just enter a person’s home unless they have a warrant to do so. In order to obtain a warrant, law enforcement must show the court there is probable cause of criminal activity to justify that warrant.
Police are allowed to conduct a search without a warrant under the Protective Sweep Doctrine. Under this doctrine, police can conduct a search after they have arrested someone. The purpose of this search is to provide officers a way to ensure their safety, as well as anyone else on the scene, searching for anyone who may pose a threat.
Are You Being Accused of Tax Fraud?
April 15th has come and gone, our annual reminder that we need to file our income taxes. Some people file early – usually those who are receiving refunds, while others wait until the very last day to file. Those last-minute filers often owe taxes. There are also those who file extension requests because they need more time to get their documents together. The bottom line is, however, that no matter how we feel about our tax obligation, we are legally required to pay our taxes or face serious civil and/or criminal consequences.
Tax Fraud
No matter what the type of tax fraud that is being committed, the IRS has the tools in place where taxpayers can report the fraud directly to them. The agency has different forms that taxpayers can use, depending on what type of tax fraud is being committed. These forms do not require the individual reporting the alleged fraud to identify themselves, however, the IRS does encourage people to do so. Those that do identify themselves may be asked to testify against the party they are reporting should an investigation result in criminal charges being filed. If someone has reported you for tax fraud, contact a white-collar crime attorney immediately.
Filing for a Divorce in the State of Texas
When a couple decides to get a divorce, there are several different ways it can go. While every divorce has their own set of unique circumstances, there are certain constants in the divorce process no matter what has occurred in the couple’s marriage. One constant that anyone who has decided to divorce their spouse should adhere to is seeking out the legal advice of an experienced Texas divorce lawyer, regardless of whether it is a friendly divorce or a contentious one.
Requirements
Before you are even permitted to file for a divorce in Texas, you must meet certain requirements. The primary qualification you must have is residency; Texas mandates that you have lived in the state continuously for at least six months and that at least one of the spouses must have resided in the county in which the divorce is being filed in for a minimum of 90 days. As long as this residency requirement has been met, one of the spouses can file a petition of divorce.
What Happens if You Refuse to Take Field Sobriety Tests in Texas?
In Texas, the charges of driving while intoxicated (DWI) are considered very seriously by the courts, and penalties for a conviction are significant. One of the most common ways drivers are arrested for DWI is being stopped by some other traffic violation when the officer suspects they have been drinking. The officer will then proceed with a breathalyzer test and field sobriety tests, which the driver will fail.
While the state of Texas does require drivers to submit to a breathalyzer test (or face serious consequences for refusing), the law does not require drivers to submit to field sobriety tests.
Field Sobriety Tests
There are several types of field sobriety tests that law enforcement use when they suspect a driver has been drinking:
- Horizontal Gaze Nystagmus – Horizontal gaze nystagmus is when a person’s eyeball involuntarily jerks when the eyes are rotated in a certain way. When a person is intoxicated, the jerking occurs at lesser angles and is more exaggerated. For this test, the officer will ask the driver to follow a pen or flashlight as it is moved from side to side.
Are You Facing Charges of Fentanyl Possession?
When people think of drug possession charges, they usually think of illegal drugs, such as cocaine, methamphetamine, and heroin. However, the drug epidemic that has gripped this country and caused hundreds of thousands of deaths has prescription opioid medications at the center. The majority of people who end up developing addictions all share a common theme: Due to an injury or illness, their doctors prescribed an opioid medication, and they quickly became addicted. It is well documented that a person can become addicted to opioids after just a few days of using the drugs. If your one of those people and you now are facing drug charges, you need a compassionate defense attorney advocating for you.
Opioid Epidemic
The current epidemic resulted because of the overprescribing of oxycontin, a powerful narcotic that was originally developed for pain relief for terminally ill cancer patients. Tragically, many doctors began prescribing these drugs for many other nonterminal conditions, creating the horrific epidemic mess we are in.
Defending Against DWI Charges in Texas
Driving while intoxicated (DWI), whether it is due to alcohol, prescription medications, or any illegal substance, is a serious matter in Texas. The state has some of the harshest DWI penalties in the country, which include heavy fines, lengthy driver’s license suspensions, and potential mandatory minimum jail sentences. If you are arrested and charged with any type of DWI, you need an experienced criminal defense attorney working on your case. While you may think you are saving yourself money and can defend these charges on your own, these charges can have a significant impact on both your personal and professional life.
DWI Defined Under Texas Law
Under the Texas law, it is illegal for a person to operate a motor vehicle under the influence of alcohol or any other intoxicating substance. Regular motor vehicle drivers can be charged with a DWI if their blood alcohol concentration (BAC) registers .08 percent or higher.
Are You Facing Hit and Run Charges in Texas?
According to national statistics, there are more than six million police-reported vehicle accidents in the United States each year. It is estimated that a person will be involved in four crashes during their driving lifetime, so odds are that you will find yourself at the wheel of a car accident at some point.
Vehicle accidents usually happen when you least expect them. Each crash has an at-fault driver and in an accident you are involved in, that at-fault driver could be you. Whether the crash occurred because you were engaged in reckless driving behaviors or not, it is important to stop immediately at the scene to protect yourself against criminal charges. Hit and run charges are a serious matter in Texas. In addition to being held liable for injuries others suffer as the result of your actions, you could end up facing severe criminal penalties.
Understanding Texas Law
Contact Magaña & Van Dyke
Call 940-382-1976 or fill out the form below to set up a free consultation today:
From our office in Denton, we serve clients throughout Denton County and the surrounding areas, including Corinth, Shady Shores, Oak Point, Aubrey, Krum, Sanger, Argyle, Justin, Roanoke, Flower Mound, Highland Village, Lewisville, The Colony, Little Elm, Paloma Creek South, Gainesville, Lindsay, Muenster, Lake Kiowa, and Cooke County.
Results listed are not a guarantee or indication of future case results.
1417 E. McKinney Street, Suite 110,
Denton, TX 76209
940-382-1976
