Posted on February 28, 2023 in Criminal Defense

Finding out that a partner, an ex, a roommate, or even a parent has filed a restraining or protective order against you can be shocking. Feeling a wide range of emotional responses is totally normal, and you may wonder what implications such an order might have on your future and your reputation. Fortunately, you do not have to deal with these orders alone; people against whom these orders are filed may be able to successfully have them removed or prevented from becoming permanent with the help of a Texas criminal defense lawyer. 

Types of Protective Orders

If someone feels (or claims to feel) they or their family members are in danger from someone else, they can petition the court for a protective order. Protective orders are intended to prevent ongoing acts of stalking, family violence, or human trafficking, and there are three basic types of protective orders in Texas. 

The first two - temporary ex parte protective orders and permanent protective orders - are handled in civil courts in cases where an alleged victim fears violence, stalking, harassment, etc. from an alleged abuser. A temporary ex parte order is issued without the alleged abuser present and usually lasts up to 20 days. Later, a permanent protective order can be issued after a hearing takes place that allows both the alleged victim and the alleged abuser to present their case in court. Permanent protective orders will often last for up to two years, although they can stay in place for longer if the court determines that this would be necessary. A petition for a civil protective order can be filed by a current or former spouse, a blood relative, a co-parent, or other members of a person’s family or household. Note that there are also family temporary restraining orders, which are only issued during divorce or custody cases. 

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 Posted on February 24, 2023 in Criminal Defense

Movies are full of cocky criminals flexing their muscles and claiming that punching someone with their well-trained fists would be considered assault with a deadly weapon. But in real life, charges of assault with a deadly weapon are serious and can lead to long years in prison and hefty fines. It is worth knowing, then - what exactly is a deadly weapon under Texas law? And for that matter, what exactly is assault? 

What Does Texas Law Consider a Deadly Weapon? 

Texas law allows anything that was used with the intent to cause serious injury or death to someone else as a deadly weapon. This includes obvious objects like guns and knives, but could also include a baseball bat, rocks, a car, and yes - even hands and feet. 

What Does Texas Law Consider Assault? 

Some states distinguish between assault and battery, but in Texas, the definition of assault is fairly broad. If you intentionally, recklessly, or knowingly do any of the following, you can be charged with assault:

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 Posted on February 17, 2023 in Criminal Defense

An enormous amount of attention is currently being paid to the issue of child trafficking in the United States; there are flyers in airport bathroom stalls, ads on TV, and a general sense of panic that this issue is worse than it has ever been. The concerns mean that, when it does happen (or when it simply appears to have happened), prosecutors and judges are intent on making an example out of alleged perpetrators. 

Texas residents and visitors are at a particular risk for allegations of child trafficking because a significant amount of the real child trafficking does actually happen along the Texas-Mexico border. If you have been formally charged with child trafficking - or if you have found out that you are simply being investigated over an accusation - you need the help of an aggressive Texas criminal defense attorney who understands the law and will fight to protect your rights and reputation. 

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 Posted on February 07, 2023 in Criminal Defense

In the last few years, violent crime rates have risen in many states across the country. One of the most common violent crimes seen in Texas is that of carjacking, or stealing a car using violence or the threat of violence to the owner or driver. In certain parts of Texas, carjacking is up as much as 10 to 20 percent year over year. While the vast majority of people who steal cars are not caught and prosecuted, those who are caught face aggressive, motivated prosecutors and serious criminal penalties. If you have been charged with carjacking or vehicle theft, you need an experienced criminal defense attorney who understands local prosecutors and judges and who will advocate for your constitutional rights. 

What Are the Punishments for Stealing a Car in Texas?

As with most states, the punishments for a specific theft crime depend on the value of the property that was stolen. If you take a car with the intent to permanently deprive the owner of the vehicle, at a minimum, you face class C misdemeanor charges and could face all the way up to first-degree felony charges. For example: 

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 Posted on January 25, 2023 in Criminal Defense

A local scandal in Collin County, Texas is making headlines. At least 46 men have been arrested and face charges of solicitation of prostitution after a large network of legal agencies worked to catch the men, using undercover police officers posing as sex workers online. Those arrested included a firefighter, a pastor, a high school teacher, and even a semi-professional hockey player. The arrests targeted men who agreed to meet at local hotels for paid sex. 

Charges of prostitution can mean your reputation and standing in your community and family are changed forever. However, a charge is not the same as a conviction, and every person in this case and every other sex crime case is innocent until proven guilty. An experienced Texas sex crimes defense attorney can help fight charges of soliciting a prostitute, as well as any other sex crime charges you may face. 

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 Posted on January 19, 2023 in Criminal Defense

Statistically speaking, summer sees a larger share of fatal DWI car crashes, while DWIs in general drop during the winter months. However, there is a notable exception to this: The winter holidays. Work and family parties, seasonal depression, and holiday financial bonuses are all reasons that people find themselves out drinking a larger amount than allows them to safely drive home, causing a large increase in the number of crashes that happen around Thanksgiving, Christmas, and New Year’s Eve. In fact, New Year’s Day is the deadliest day of the year for fatal drunk driving accidents. 

If you got popped for DWI this holiday season, you might still be reeling from the professional and societal consequences you are already facing. Your driver’s license has likely been taken from you, your car may still be impounded, and you may have gotten into an accident that is extremely expensive or which injured yourself or another person. Whatever the circumstances are in your case, having a hard-hitting Texas DWI defense attorney can help your chances of reducing the charges against you and securing a favorable outcome in your case. 

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 Posted on January 12, 2023 in Federal Crimes

Because of the mass proliferation of child pornography available online, Texas and federal authorities are implementing a widespread crackdown to try to catch and punish as many people involved in making, distributing, or viewing child pornography as possible. The negative view that most people have regarding sex crimes against children means that the public has very little sympathy for people who may be wrongfully accused of child pornography possession, and that authorities are highly motivated to secure convictions, regardless of the quality of evidence. This makes it very important for you to take any charges or investigations for child pornography seriously; if you are facing any involvement whatsoever with sex crimes against children, hire a Texas criminal defense attorney right away. 

Will Child Pornography Always Be Charged as a Federal Crime? 

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 Posted on January 05, 2023 in Criminal Defense

Texas law enforcement, social workers, and mandated reporters like teachers, clergy, and daycare workers are always on the lookout for signs of child abuse. Unfortunately, overzealous citizens who mean well can cause major problems for parents who are simply raising their children the best way they see fit. Of course, even the best parent sometimes makes mistakes that may rise to the level of criminal child abuse, and these parents also deserve a second chance and the possibility of avoiding a conviction for any charges they face. 

If you are being investigated for child abuse or are already facing charges, it is essential to retain the help of an experienced Texas criminal defense attorney with specific experience in crimes against children. A criminal defense attorney can help ensure you get fair treatment and know the status of your case at all times. 

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 Posted on December 28, 2022 in Criminal Defense

Getting arrested with a stash of drugs and paraphernalia is obviously a problem unto itself. But what happens when police and prosecutors announce they have the evidence to charge you with drug distribution—or, if they did not catch you in the act of distributing drugs, with the intent to distribute them? After all, the word “intent” implies something along the lines of being able to read someone’s mind; how can prosecutors know what someone’s intent was without actually seeing them do the crime of which they are committed? 

It may seem counterintuitive, but intent is a very important part of prosecuting many crimes in Texas, and selling drugs is no exception. Read on to learn about how police gather evidence and prosecutors present that evidence to convince a judge and jury that you were planning to sell drugs and then contact a Texas criminal defense attorney right away. 

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 Posted on December 20, 2022 in Criminal Defense

Earlier this month in San Antonio, Texas, an Amber alert was issued warning locals to be on the lookout for a couple who took their six children from Child Protective Services. While the children were recovered safely, both parents were arrested and accused of evading CPS, which had been granted temporary custody of the six children. 

Parental kidnapping or abduction is the most common type of kidnapping in the U.S., with much higher rates than stranger kidnapping. Perhaps this is only natural - after all, parents understandably feel entitled to make decisions for their children, and it is hard to imagine anything worse than having your children involuntarily taken from you. Unfortunately, the law does not always see it this way, and parents who are charged with parental kidnapping can face serious consequences, including further removal from their children. If you have been charged with kidnapping of any kind, contact a Texas criminal defense attorney right away. 

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