In Texas and across the country, a conversation has developed about excessive prosecution and incarceration. As a result, there is wide support for criminal justice reform, including proposals to decriminalize or legalize cannabis and end criminal prosecution and incarceration for related offenses. This conversation comes as statistics show that the violent crime rate has gone down for decades, and people are safer than potentially ever before. However, arrest rates continue to rise. Dealing with high arrest rates can be a significant concern because people may find their employment, education and housing prospects hindered by criminal arrests, charges and convictions. Most people want to have as few interactions with the police as possible and stay out of the criminal justice system. However, despite the lower crime rate, Americans are more likely to be arrested before age 26 than at any time in the past. While 6.4% of Americans born before 1949 have been arrested, that figure jumps to 23% for those born between 1979 and 1988. Because violent crime is on the decline, many of these arrests involve…Read More
Texas residents likely think of serious crimes like murder and arson when felonies are mentioned, and they may be surprised to learn that dozens of acts that would barely raise an eyebrow also fall under this designation. Calling in sick to spend a day in front of the television is actually a felony in some situations, and making a scene in a post office is always a federal crime. This is important because the consequences of a felony conviction often continue for years after an offender is released from prison or jail. Felons are not permitted to vote in state or federal elections and are barred from owning firearms. They will also be automatically rejected if they apply for certain jobs and could even lose custody of their children. This may seem fair for a murderer or rapist, but it could be considered a little excessive for an individual whose only crime was getting lost in the woods or forgetting to put on waterproof shoes before picking up a crate of foreign primates. When the…Read More
For many people in Texas, a wrongful conviction is one of their worst nightmares. With the advent of computer surveillance technology and DNA testing, many might hope that wrongful convictions are less likely than they were in the past. However, many cases, especially for more minor crimes like shoplifting, theft or drug possession, continue to rely on standard types of evidence that are particularly prone to mistake or error. According to one criminologist who studied the prison population, up to 6% of prisoners could be wrongfully jailed for crimes they did not commit. Famous DNA exonerations have drawn widespread attention to the problem of wrongful convictions. In some of these cases, police or prosecutors were corrupt or hid evidence that could exonerate the defendant. In other cases, early forensic scientists were prone to mistakes, while other false convictions simply rested upon the fallibility of eyewitness testimony. Statistics have shown that DNA has led to exonerations in 3 to 5% of convictions in capital cases like those involving murder and rape. Because of the severity of the sentences…Read More
Texas residents who use apps such as Ring or Lyft may not have full control of their data. Only three states require that police get a warrant before accessing information about an individual from those or other popular apps. Companies such as Ring readily hand over information to police officers who ask to use it as part of an investigation if individuals won't do so willingly themselves. It is also possible that tech companies will provide personal information to authorities after being served with a subpoena. This is the general policy of Twitter, Facebook and Instagram. Unlike a warrant, there is no need to establish probable cause to obtain a subpoena. Therefore, an individual's name, address and other data could be given to outside parties even if that person hasn't been charged with a crime. A representative from the R Street Institute says that more transparency is needed as it relates to how data is used. This person says that companies should be more forthcoming with how a user's data is shared with authorities and other…Read More
On Aug. 6, “Love After Lockup: Life After Lockup” star Tracie Wagaman was arrested for alleged drug possession in Texas. The incident took place in Tarrant County. According to media reports, Wagaman, age 39, was taken into custody by officers from the Bedford Police Department and charged with felony possession of a controlled substance. Her bond was set at $5,000. In her mug shot, she looked unkempt and upset. She also had one side of her head shaved. If convicted, she would normally face between two and 20 years in prison and up to a $10,000 fine. However, because she has a previous criminal record, she could face between five and 99 years in prison and up to a $10,000 fine under the Texas three strikes law. “Life After Lockup” follows the lives of prison inmates after they get released from prison. In the WE TV series, Wagaman fell in love and married Clint Brady after doing time in the Texas prison system. The reality TV stars had been very active on social media until recently.…Read More
A Texas attorney faces spending up to 99 years in prison on felony drug charges after quantities of methamphetamine and other illegal drugs were allegedly found in his vehicle during a routine traffic stop on the night of July 20. The 50-year-old man was released from the Williamson County Jail on July 21 after posting a $50,000 bond. He has been charged with a first-degree felony count of manufacturing a controlled substance with the intent to deliver. Court documents and police reports suggest that he could face additional drug possession charges. The man's evening took a turn for the worse at approximately 9:26 p.m. when a Williamson County Sheriff's Office deputy pulled his BMW M6 sedan over on Anderson Mill Road near Round Rock. The deputy says that he initiated the traffic stop because the man failed to signal before changing lanes. A search of the vehicle was ordered after a K-9 unit alerted to the possible presence of drugs during an air sniff. During the search, deputies say that they found three canisters that contained marijuana,…Read More
Being a parent isn't an easy job-especially during the teen years. You know your teenager is bound to make mistakes and get into trouble, but what do you do if get a call one night that your teen has been cited for DWI (driving while intoxicated) and is waiting for you to pick them up at Collin County Jail? It's every parent's nightmare, but it does happen. Zero tolerance underage DWI laws Texas is one of many states with zero-tolerance laws for drivers under 21 who are cited for drunk driving because auto accidents are still the number one cause of death for 15- to 20-year-olds, with 28% related to alcohol consumption. With zero tolerance laws, drivers under 21 can have a .01 blood alcohol content (BAC) in their system and still receive the following consequences with a DUIA (driving under the influence of alcohol) offense: A $500 fine A 60-day license suspension 20 to 40 hours of mandated community service Mandatory alcohol-awareness classes For those who are 17-20, drivers with a .8 BAC face even…Read More
Jurisdictions in Texas and throughout the country have tried to raise money through fines and fees. This allows them to generate revenue without having to increase taxes. However, if a person cannot pay a fine, he or she may spend time in jail or on probation until the issue is resolved. That could make it harder for a person to get a drivers license, find work or obtain adequate housing. In some cases, those who are put in jail are required to pay a fee to cover costs related to their stay. The Vera Institute of Justice in New Orleans is trying to convince the city to do away with cash bail. It found that New Orleans pays nearly $3 million more to lock people up than they collect in fees and bail. Authorities in Memphis have also decided to stop prosecuting people for driving on a license that was suspended because of an outstanding debt. However, Tennessee did not get rid of a law that allows the state the take drivers licenses away from people who…Read More
A new Texas law will make it legal to farm hemp, which is defined as cannabis with less than 0.3% THC. However, there is currently no way to determine how much THC is in a given product. A lack of sufficient testing has resulted in 235 cases being dropped in Tarrant County since June 10. The Dallas County Crime Lab has said that it won't take new cases until the issue is fixed. A representative from the National Organization for the Reform of Marijuana Laws said that he wouldn't want to proceed with cases that are difficult to prove. The current lack of adequate testing procedures may cause other problems that lawmakers are unable to anticipate. For instance, dogs trained to sniff for marijuana may alert to substances that are legal under state law. The cases that have been dropped could be pursued after testing protocols have been established. Individuals who are charged or convicted of drug crimes may face a variety of consequences. For instance, an individual may be held in custody after being charged if he or…Read More
In Texas and across the United States, domestic violence is unfortunately a common occurrence. An act of domestic violence takes place when a family member commits a violent act against another person in the household. Harming a child and abusing a spouse are two examples of domestic violence. The legal term applies to any person residing in the same household, including a spouse or an unmarried partner. The sexual orientations of the involved individuals do not matter. “Spousal abuse” is a commonly used term for domestic violence. An act of domestic violence typically occurs when the victim is physically or psychologically abused in a repetitive way. Sexual assault is a serious crime, but minor offenses are also acts of domestic violence. There are various levels of domestic violence, ranging from minor to severe injuries inflicted on the victim. Another crime pertaining to domestic violence occurs when an abuser disregards a restraining order. Consequently, any person can easily fall victim to an act of domestic violence. Most cases involve hitting a person or pushing the victim…Read More
