Posted on January 07, 2022 in Criminal Law

Being charged with a DWI or DUI is never an ideal situation to be in, but understanding your legal rights and hiring the right DWI/DUI defense attorney can help you build a strong defense. Your lawyer will make sure that the traffic stop was justified and may challenge the accuracy of any field sobriety tests and breathalyzer tests. Even though these tests are commonly used by police, there are instances where they are given under unreliable circumstances. Being placed under arrest and charged with DWI can turn into a battle that lasts for months or even years, but following the correct steps could help pave the way for proving your innocence.

Illegal Traffic Stops

A police officer cannot pull over a vehicle unless he or she has probable cause to do so. For example, police may witness a traffic violation or see possible evidence of intoxicated driving like weaving between lanes. Police also need probable cause to arrest a suspect. If the police do have a valid reason to pull you over, they still cannot perform an illegal search of your vehicle. Police are prohibited from searching a suspect or their vehicle over a minor traffic offense probable cause. Any evidence collected without the driver’s consent or probable cause is not admissible in court.

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 Posted on December 20, 2021 in Criminal Law

Texas takes the illegal buying and selling of controlled substances very seriously. A drug crime conviction carries harsh penalties, including prison time, mountainous fines, and reputational damage that is difficult to repair.

However, not all drug crimes are the same. The location of the crime impacts the penalties, with Texas law punishing offenses that occur in “drug free zones” more harshly.

What Places Are Considered Drug Free Zones?

In the State of Texas, the following locales are considered drug free zones:

• Any area within 1,000 feet of a place frequented by children
• Daycare centers
• Elementary schools
• Secondary Schools
• Colleges
• Universities
• Playgrounds

Additionally, drug free zones are also any area within 300 feet of:

• School busses
• Video arcade facilities
• Public swimming pools

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 Posted on December 06, 2021 in Criminal Law

Most people are familiar with the crime of assault. When they hear the word, they often imagine a victim being punched, hit, or inflicted with some kind of physical blow. Although this constitutes one kind of assault in Texas, other kinds of assault exist, some of which involve no physical contact. The nature of the assault determines whether the offense is a misdemeanor or a felony. The circumstances of the alleged assault also influence the defendant’s sentence.

Misdemeanor Assault

• Class C Misdemeanor Assault: A defendant may face a class C misdemeanor charge if the alleged assault victim suffers no bodily harm. Threats of imminent physical harm and offensive physical touching without consent may result in class C misdemeanor charges. The maximum penalty for this offense is a $500 fine.
• Class B Misdemeanor Assault: Class B misdemeanor assault charges may result from physical attacks against athletes and coaches by spectators. The maximum penalty for a class B misdemeanor assault charge is a $2000 fine and six months in prison.

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 Posted on November 23, 2021 in Criminal Law

Domestic violence can take many different forms; in fact, it does not even require physical contact. Sometimes, simply a person’s presence is enough to constitute the crime. Stalking is one example of this.

In the State of Texas, a person may be convicted of stalking if their behavior causes someone to fear for their safety.

Stalking Charges in San Antonio

Stalking encompasses a wide range of behavior and could include verbal communication, trespassing on the victim’s property, and repeatedly following the victim. If these actions make the victim fear there is imminent danger to themselves, their family, or their property, the actions may constitute stalking.

Examples of stalking include:

• Repeatedly sending threatening text messages
• Frequently appearing near someone’s house or residence
• Frequent following
• Trespassing on the victim’s property repeatedly

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 Posted on November 08, 2021 in Criminal Law

In addition to serving jail time and paying fines, convicted felons are forced to forfeit certain rights. At the State and Federal levels, felons face unique restrictions not imposed on the rest of society. Texas is no different in this regard.

Felons face many unique limitations in the Lone Star State, but one in particular stands out – gun possession.

The State places certain restrictions on when a Texan with a felony conviction may own a gun.

This law is intriguing, considering Texas is known for lenient gun laws and one of the highest rates of gun ownership in the country. Many Texans consider the right to bear arms a fundamental part of their identity.

Can Felons Own Guns in Texas?

Although felons can own guns in the State of Texas, they may only do so in certain circumstances. If a felon possesses a firearm in violation of state law, they may be charged with unlawful possession of a firearm, a serious criminal offense

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 Posted on October 26, 2021 in Federal Crimes

At more than 1,200 miles, Texas has the longest border with Mexico than any other state in the country. Although concerns about illegal immigration are largely a federal matter, state lawmakers and residents in many ways see it as a state issue as well. So, it begs the question: when is human smuggling a state or federal crime in Texas? 

The short answer is the fate of a person who smuggles illegal immigrants, or people who have entered the country without prior authorization from the U.S. government, largely depends on the law enforcement agencies involved in the arrest and the severity of the crime

State Human Smuggling Laws

The Texas Penal Code considers the smuggling of persons as a felony and defines it in three different ways

• First, it is when you use a vehicle to transport a person into the country illegally and also use that vehicle to hide the person from government authorities.

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 Posted on October 08, 2021 in Criminal Law

Texas Governor Greg Abbott signed a new anti-smuggling law last month that increases the penalty for human smuggling. It also removes the need for prosecutors prove that a smuggler received payment for the smuggling. He explains that Senate Bill 576 will expand the tools that will “help us crackdown on human smuggling and keep our communities safe.”

Governor Abbott signed the bill on September 22 at a ceremony in McAllen, a border town that serves as a major port of entry. State Representative JM Lozano, a Republican from Portland who sponsored the bill, joined the governor during the signing ceremony.

Senate Bill 576

According to the new law, human smuggling is defined as:

• Using a vehicle such as a car or boat to transport a person into the country illegally AND
• Using that vehicle to hide the smuggled person from state or federal authorities

Additionally, the law also defines human smuggling as assisting, guiding, or directing two or more people through private land without the owner’s consent. And, lastly, the law defines human smuggling as encouraging or forcing a person to stay in the country illegally by hiding them from the authorities.

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 Posted on September 22, 2021 in Criminal Law

This month, Texas Gov. Greg Abbott signed a measure that rewrites the state’s bail system. The governor and his supporters say Senate Bill 6, dubbed the Damon Allen Act, will increase public safety. Critics argue it will just make things harder for people who cannot afford a cash bond.

The Damon Allen Act

The Damon Allen Act amends the current bail system by prohibiting personal bond to those charged with a violent crime or who have been arrested while released on bail. Additionally, the measure requires that the court consider the defendant’s criminal history before granting or denying bond and do so within 48 hours of their arrest.

State Sen. Joan Huffman, a Republican representing District 17, explained the Damon Allen Act requires the court to establish a Public Safety Report System, a database accessible by court officials so they can review the defendant’s criminal history and overall risk. The measure will also require the bond setter to complete a form stating that they conducted the risk assessment before granting bond.

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 Posted on September 09, 2021 in Criminal Law

Texas enacted more than 650 new laws on September 1, including a law elevating the consequences for guards who have sex with an inmate. Improper sexual activity with a person in custody is now a second-degree felony, on par with sexual assault.

Senate Bill 312 was filed in January by state Sen. Joan Huffman, a Republican representing District 17, which covers Harris County. It passed unanimously in both the state House and Senate before it was signed into law, without comment, by Gov. Greg Abbott.

Debate About SB 312

Critics of the measure say it was unnecessary because improper sexual activity with a person in custody was already punished as a state jail felony. Under the law, a guard having sex with an inmate is looked at as rape because of the power dynamic. Therefore, the bill would be moot.

Supporters of the bill say such a serious crime required a more serious punishment than what was set by state law. They argued that the law considered improper relationships between a teacher and a student separate from sexual assault, so it should therefore consider improper sexual activity with a person in custody separate as well.

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 Posted on August 27, 2021 in Criminal Law

Starting next month, Texas will enact a number of new gun laws as they join a growing list of states and localities that are calling themselves “Second Amendment sanctuaries.” While the legislation is largely symbolic, it does limit the reach of federal gun laws in the state of Texas.

State Rep. Justin Holland filed House Bill 2622, the Second Amendment Sanctuary State Act, in March with the intention of protecting Texans’ gun rights from the federal government, which he called “out-of-touch” on the issue. The measure passed committee votes in both chambers with a majority.

Texas Gov. Greg Abbott applauded the legislation as he signed it in June alongside seven other gun bills. He explained the goal was to build a “barrier around gun rights.”

New Gun Laws in Texas

The Second Amendment Sanctuary State Act will prevent the enforcement of any federal gun law passed after Sept. 1, 2021, that restricts the possession or ownership of firearms, gun accessories, or ammunition. In turn, it also prohibits state agencies from enforcing or assisting in the enforcement of new federal gun laws.

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