A previous post outlined the five types of criminal charges that involve family violence, or domestic violence. These are: Domestic assault Aggravated domestic assault Continuous violence against the family Child abuse Stalking In this post we will discuss the potential penalties each of these criminal charges could carry. Every domestic violence case has its own unique circumstances and those circumstances determine how a case is charged and the potential criminal defense strategies. When you meet with a criminal defense lawyer, they will ask questions to help craft a defense strategy specific to your case. Domestic Assault Penalties Did the “assault” or the threat really happen? Or does the other party have a motive for or a history of lying? Was the fight one-sided or did the injury occur while the ac used was protecting themselves? Did the “victim” suffer any injury or lasting harm? These are just a few of the unique circumstances that could see impact the carges and sentencing. If the purported victim has not suffered lasting pain or harm, the charge could…Read More
Conflicts within relationships can result in the cops being called and criminal charges being filed that can turn lives and families upside down. That's especially true with any criminal conviction for domestic violence. It's important to get an experienced criminal defense attorney on the case as soon as possible. A great deal of evidence depends on people's recollection of events. What Is Domestic Violence? Domestic violence, or family violence, occurs between people who are in a relationship, whether that is a spouse or ex-spouse, a boyfriend/girlfriend or ex, parents and children, foster family members, adopted family members, or roommates. The existence of a close relationship is what puts these conflicts into in a special category. There are five criminal charges that cover different forms of family violence: Domestic assault (Penal Code § 22.01) Aggravated domestic assault (Penal Code § 22.02) Continuous violence against the family (Penal Code § 25.11) Child abuse (Family Code § 261.001 and various penal codes) Stalking (Penal Code § 42.072) Domestic assault charges are brought when someone complains of physical contact…Read More
In Texas, it's illegal to buy, sell, grow, or possess marijuana unless you are authorized to do so for medical purposes. That also applies to THC oil and dabs, a concentrated and more potent form of cannabis. What many people don't know is that it's also illegal to possession the drug paraphernalia required to smoke or ingest these forms of cannabis: A dab rig, e-rig, e-cigarette, vaporizer, or vape pen. Of course, a lot of people use e-cigarettes, or vape pens, for things other than cannabis. The criminal charge for possession of drug paraphernalia is usually an additional charge, on top of the original criminal charge of sale or possession of cannabis, THC oil or dabs. Depending on the criminal charge, the consequences can range from a fine to years in jail. A charge of possession or use of drug paraphernalia is usually a Class C misdemeanor with a fine up to $500. A charge of intent or attempting to deliver drug paraphernalia can be a Class A misdemeanor, with penalties of up to a…Read More
It's common for sex crime cases involving solicitation of a minor to start with a sting operation, with law enforcement officers going online and pretending to be an underage youth. That's what happened in 2019 when 41-year-old police detective Darrick Dunn played the role of a teen boy on the dating app Grindr and struck up a conversation with a 39-year-old Texas teacher. Dunn made the proposition, asking if the man was looking for “something” tonight. When the teacher asked his age, Dunn said “under 18.” Seventeen is the age of consent in Texas. Dunn's mark continued to ask about his age and eventually Dunn said he was 14. They agreed to meet the next day, but the teacher was suspicious and asked for a voice message first. He would later write in a note that was read by his family that he knew after hearing Dunn's voice that he was an adult pretending to be a teen… that inconsistencies in the “youth's” story clued him in to the deception during that first call. In…Read More
Also Top in Drunk Driving Arrests The auto insurance website BuyAutoInsurance.com just released a report identifying the Top 10 states in the nation with the highest death rates from drunk driving. Unfortunately, the Lone Star State did not fare well. In the 3-year period of the study, from 2016 through 2018, 5,129 people died in drunk driving accidents across the state. That is a death rate of 7.76 per 100,000 residents, and actually a decline from prior years. Who was worse? Mississippi topped the list (8.77), followed by South Carolina (8.40) and New Mexico (7.94). In sheer numbers, though, Texas lost far more lives to drunk driving than any other state on the list. Florida, with a death toll of 2,947, came in a distant second. This is a Top 10 list Texas doesn't want to be on, which is why law enforcement is so aggressive at pulling over drivers they suspect are driving drunk or under the influence of drugs. Four of the Top 10 cities with the most drunk driving arrests are also…Read More
In Texas, you have a legal right to refuse to consent to a DWI test – a blood test or a breathalyzer test. Many people think that if they refuse the blood alcohol or breathalyzer test when the officer asks them on the road, and they wait to get tested later, their blood alcohol level will be lower by then. They hope it's low enough to beat the DWIcharge. (They don't realize that by refusing the test their license will automatically be suspended for 180 days if it's a first refusal, and for two years if they've refused previously.) “No Refusal” Weekends You may have seen signs on the roadway or heard it advertised on the radio: “No Refusal Weekend.” In order to reduce drunk driving accidents during times when alcohol consumption tends to be high, Texas law enforcement has created “No Refusal” periods. You will see these announced for holidays – New Year's Eve, Labor Day, 4th of July, Memorial Day, Halloween, Thanksgiving and Christmas – as well as around big events like football…Read More
Gov. Greg Abbott recently signed HB 1927 into law, making it legal on September 1, 2021, for anyone in Texas, aged 21 and over, to legally carry a handgun without getting a state license (unless they are excluded from possessing a firearm by state or federal law). A background check is still required to purchase a firearm. Handguns are the only type of gun that required state licensure. People are allowed to carry shotguns and rifles and in public places without a license. This new law does away with: The need to get a license for a handgun The requirement for up to 6 hours of training The need to take a written exam The need to demonstrate shooting proficiency Opportunities for Expungement If you were convicted of the offense of unlawful carry of a handgun (Penal Code 46.02(a)) prior to September 1, 2021, you can seek an expungement. Guns Not Allowed Everywhere Although you can carry a concealed or unconcealed weapon in many public places, there are some places where you cannot carry a…Read More
Texas Family Code defines a child as a person aged 10 to 17. In the Texas criminal justice system, children under age 10 cannot be prosecuted for a crime but they could be provided with services if the state feels that's needed to help them stay out of the juvenile justice system. 17-yr-olds facing charges for a crime committed beforethey turned 17 – a crime that would be defined as delinquent conduct or conduct indicating a need for supervision – are also charged in juvenile court. But after a child turns 17, they are now involved with the adult justice system. Texas is one of only three states that charge 17-year-olds as adults. The Texas Criminal Justice Coalition has been campaigning for a number of years to raise the ageat which a child can be tried as an adult to 18. House Bill 967 and Senate Bill 1552, introduced in the 2021 legislative session, would have done just that. Unfortunately, the legislative session ended with no action taken. The vast majority of crimes committed by…Read More
In April 2019, we blogged about how the lack of rules for the collection of people's images for inclusion and use by facial recognition software. Privacy advocates were raising concerns about the high potential for misuse of this powerful technology. Criminal defense lawyers saw the potential for more wrongful arrests. Providers of facial recognition services, like Clearview AI, “scrape” images from the internet and social media websites like Facebook, YouTube, Twitter and LinkedIn, without the permission of the site or the users. They then sell access to their image databases and search technology to law enforcement agencies, from the FBI, to highway patrol, to local police departments. Your Face is in a Database Most citizens would be surprised to learn more than 117 million American adults – more than half the adult population – has had their image catalogued in law enforcement facial recognition networks, according to a 2016 study by Georgetown Law. In 2016, Texas police had the ability search 24 million mugshots in the FBIs database, as well as 24 million drivers' license…Read More
Prosecutors use eyewitnesses to: Identify suspects, Piece together the events that led up to an incident or a crime, Shed light on motives or the emotional state of the people involved. The testimony of an eyewitness to a crime carries a lot of weight with a jury and a judge. It can be the crucial piece of evidence that gets a conviction. Sometimes the entire case rests on eyewitness testimony. Unfortunately, eyewitness accounts can be wrong. According to the Innocence Project, since 1989 mistaken identification by an eyewitness played a role in 69% of the wrongful convictions that the group helped overturn through the use of DNA. Witnesses can be very sure of themselves, very confident that they remember every detail, but the truth is human memory can be quite fragile. We remember things best soon after an event has occurred, but the more time goes by, the harder it is to recall the details. The physical conditions at the time of the incident also have a big impact. Humans are also vulnerable to “memory contamination.”…Read More
