Posted on December 11, 2024 in Criminal Defense

The phrase "double jeopardy" refers to a legal right in the Fifth Amendment of the U.S. Constitution that prevents people from being tried for the same criminal offense twice. It applies in all states, including Texas. This rule is designed to ensure that the legal system is fair by protecting people from being prosecuted repeatedly for the same crime. For more information about how this can apply to your criminal case, speak with a qualified San Antonio, TX criminal defense lawyer.

What Does Double Jeopardy Prevent?

Double jeopardy is protected in Section 14 of Texas’ Bill of Rights, as well as the U.S. Constitution. There are three main things that double jeopardy prevents:

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 Posted on November 21, 2024 in Criminal Defense

DNA evidence is often considered irrefutable proof of allegations in criminal cases. It has been instrumental in solving many crimes and securing convictions, as well as exonerating people who were wrongfully convicted. However, DNA evidence is not always the most accurate proof that something happened.

There are several key factors to consider, including how DNA is used in criminal cases, challenges defense attorneys may face, and common misconceptions about its reliability. To learn more about how DNA evidence might affect you, speak with an experienced San Antonio, TX criminal defense lawyer.

How is DNA Used in Criminal Defense?

DNA evidence can play a powerful role in Texas criminal defense cases. It can be used in various ways to help convict or defend someone.

• Exoneration: Since the 1990s, DNA testing has been used to free people who were wrongly imprisoned for crimes they did not commit. Some district attorney’s offices throughout Texas have something called a conviction integrity unit that has played a significant role in reviewing cases where DNA evidence might prove a convict’s innocence.

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 Posted on November 07, 2024 in Criminal Defense

It is not difficult to imagine that if someone attacks you, you might need to use force to stop them from hurting you. Unfortunately, this act of self-defense can sometimes be treated as assault; people who never wanted to attack others but were trying to protect themselves can end up facing criminal charges.

The Stand Your Ground law in Texas gives people the right to defend themselves without having to retreat. This can be extremely useful in building a strong defense. If you are facing charges and need to prove you were acting in self-defense during a violent incident, speak with an experienced San Antonio, TX criminal defense lawyer about whether the Stand Your Ground law applies to your case.

How Does Texas Law Address Self-Defense?

Texas’s self-defense laws are based on two main principles:

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 Posted on October 23, 2024 in Criminal Defense

Anytime someone produces a fake government-issued document, they can face charges of fraud. The specific charges differ depending on what exactly was falsified, but they all carry serious implications. Recent legislative efforts to clamp down on temporary driver's license plate fraud in Texas have underscored how prevalent this trend can be, with some experts estimating that the forged temporary license plate enterprise is worth about $200 million. If you are concerned about being implicated in a temporary license plate fraud scheme, contact an experienced San Antonio, TX criminal defense lawyer to review your options.

How is License Plate Fraud Charged?

Fraud covers a broad spectrum of illegal actions, and various penalties depend on a case's details. Falsifying certain documents, like checks that fraudulently authorize a money transfer, can be charged as a state jail felony, punishable by between 180 days and two years in jail and a fine of up to $10,000. Other types of forgery can be charged as misdemeanors, with specific penalties determined by the value of what was forged.

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 Posted on October 15, 2024 in Boating While Intoxicated

With so many lakes all around, boating is a popular activity in San Antonio. Whether you board a boat while on vacation, during a holiday weekend, or after a long day at work, sailing is an excellent choice for unwinding. However, some people can take that relaxation a bit too far by drinking excessively.

Boating accidents associated with alcohol can cause damage and injury and Texas treats boating under the influence (BUI) very seriously. Charges can bring heavy penalties, including fines, prison sentences, and more. If you are accused of BUI, speak with a skilled Texas criminal defense attorney for guidance.

How is Sobriety Tested on Water?

It is against the law to sail a boat if you are under the influence of alcohol or drugs. Just like with driving a car, the legal limit for blood alcohol content (BAC) is 0.08%. If you demonstrate an impaired ability to sail the boat, you can be charged for BUI even with a lower BAC.

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 Posted on September 23, 2024 in Expunctions

There is a wide variety of crimes that can be charged as a misdemeanor in Texas. Convictions for things like drugs, theft, assault, and prostitution can be charged as a misdemeanor, which will remain a permanent stain on your criminal record. This can have consequences for many aspects of your life because background checks are now commonly part of the process of applying for a job, a mortgage, or college. Even if you allegedly committed the crime years ago when you were less mature, it can keep punishing you well into your future. Fortunately, the Texas legal system allows for the possibility of getting a record expunged if certain conditions are met. If you have a misdemeanor on your record, speak with a skilled San Antonio, TX criminal defense lawyer about whether you are eligible for expunction.

Which Misdemeanors Can Be Expunged?

Under certain circumstances, there is a possibility of getting your misdemeanor expunged from the record. That means it is essentially removed from the record, and if there is a background check, it will seem like you were never convicted of any crime. However, this is not an option for all people and for all misdemeanors. Your misdemeanor might be considered for expunction if:

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 Posted on September 12, 2024 in Criminal Law

If you are suspected of committing a crime, it does not necessarily mean you will go to jail. Even if you are convicted, it still does not mean there is one clear outcome. Two people convicted of the same crime could end up with different penalties.

One of the many factors that impact how you might be charged and sentenced in Texas is your criminal record. You could receive a harsher sentence if you have past convictions. If you are concerned that charges from the past might impact your sentencing, speak with a skilled San Antonio, TX criminal defense lawyer to understand your options.

Prior Convictions and Increased Sentences

The way you are charged for violent crimes can be significantly impacted by any prior convictions on your record. For example, Texas has sentencing guidelines about how past convictions are factored into new sentences. With a previous criminal record, you might be bumped up into a category with a higher minimum sentence. Past convictions can also lessen your chances of getting out on probation or parole since demonstrating an ability to repeat your alleged crimes makes it easier for a judge or parole board to believe you will be a repeat offender.

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 Posted on August 22, 2024 in Federal Crimes

As the U.S. nears a presidential election and immigration becomes an increasingly heated topic, people are paying attention to human smuggling. Politicians and prosecutors want to be seen as tough on crime, and the government is trying to crack down on smugglers.

Law enforcement does not mess around with these cases and convictions result in serious, long-lasting punishment. A Texas human smuggling defense attorney is your best shot at getting a positive outcome in your case.

Human Smuggling vs. Human Trafficking 

Human smuggling and human trafficking sound similar, but they have important differences. Human smuggling involves people who want to be moved from one place to another, at least initially. Smuggling provides a service to help move, such as false documents or transportation.

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 Posted on August 09, 2024 in Sex Crimes

Few people believe they will ever find themselves in a situation in which they are being falsely accused of committing a crime, to say nothing of an extremely serious crime like rape. Nevertheless, false accusations of rape happen to young men in Texas every day.

The consequences of rape accusations can be severe. Not only do you face the chance of a criminal conviction, which most likely means jail time, fines, and probation, but your reputation, job prospects, relationships, and more may be on the line. Even if you are certain that you had completely consensual sex or did not have sex at all with the person accusing you, it is essential to take accusations and any ensuing investigations and charges seriously. Innocent men have been jailed for sex crimes they did not commit.

Learn what to do if you have been accused of rape, and then contact our Texas sex crimes defense attorney now.

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 Posted on July 25, 2024 in Gun Crimes

While Texas is known for having more lenient gun laws, you can still face penalties when you unlawfully carry or possess a firearm in the state. Unlawful possession of a weapon in Texas is a gun crime that is taken seriously, and you can face severe legal consequences for violating gun laws. An experienced Texas weapons charges attorney can help you understand your legal options if you are facing this charge.

What Counts as Unlawfully Possessing a Firearm?

In Texas, unlawful possession of a firearm occurs when an individual carries or otherwise possesses a firearm despite restrictions prohibiting this behavior. Under both federal and state law, individuals who cannot lawfully possess firearms include the following:

• Individuals under 18 years of age

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