Posted on September 27, 2021 in Criminal Defense

Last month, Apple announced its new policies and programs in an effort to protect children from people who use electronic communication tools in order to recruit and exploit children to produce and distribute Child Sexual Abuse Material (CSAM). In addition to certain safety features that will be available to parents for monitoring their children’s phones, Apple has also announced it will begin monitoring iCloud photos for child abuse photos and forwarding what they find to authorities.

Scanning Photos

It may come as a surprise to some users, but the majority of cloud services, including Microsoft, Google, and Dropbox, already scan user files for any content that may be illegal or that violates the company’s terms of service. In the past, Apple has refused to participate in this policy, but that is all changing with the recent announcement.

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 Posted on September 21, 2021 in Criminal Defense

A major Dallas Police Department data deletion could have a significant impact on many of the department’s criminal cases currently pending. According to information released to the public, the deleted data includes case files, evidence, case notes, videos, and audio recordings. To compound the issue, the Dallas County District Attorney's office did not learn about the issue until months after it occurred.

How Was All the Data Lost?

According to information finally provided to Dallas city officials, an IT worker who was employed by the city accidentally deleted approximately eight terabytes of police data. Officials originally found out about the deletion through media reports or from the District Attorney, who had only recently learned of what had happened. The data deletion occurred in March, but the District Attorney’s Office did not learn of the incident until August when they questioned the police department about why there were missing files in pending cases.

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 Posted on September 15, 2021 in Criminal Defense

This month, permitless carry became legal in the state of Texas. Although this means that anyone who legally owns a gun is now allowed to carry it in public without a license, there are still some stipulations to the law that citizens should be aware of in order to avoid any issues with law enforcement and possible criminal charges.

Recent Gun Law History in Texas

In 1995, then-Governor George W. Bush signed the Texas concealed carry law. This law gave Texans the right to carry a licensed gun in public. Almost 20 years later, lawmakers passed the Texas Motorist Protection Act which made it legal for people who do not have a handgun license to keep a weapon in their vehicle. Several years later, laws were passed that allowed open carry and the allowance of guns on state university campuses.

Even with all of those laws passed, Texans were still required to have a handgun license in order to take their guns outside of their homes or their vehicles. However, this new law changes that. For the first time since the United States Reconstruction Era, Texans who legally own a gun can now carry it in public for the first time without a carry license.

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 Posted on September 07, 2021 in Criminal Defense

According to data from the Texas Department of Transportation (DOT), pedestrian fatalities account for one in five traffic accident deaths in the state. More than 600 pedestrians are killed each year and at least 1,300 victims are left seriously injured. Unless the driver who struck the pedestrian was committing a crime, such as driving under the influence, the most serious consequence the driver could face was a traffic citation. But a new law that went into effect September 1 changes all that – drivers who hit a pedestrian can now face criminal charges.

The Lisa Torry Smith Act

Under the new law, a driver who hits and injures a pedestrian who is legally using a crosswalk can be charged with a Class A misdemeanor. If the victim suffers serious injuries, the charges can be upgraded to a state jail felony. In addition to pedestrians, the law also applies to victims using bikes, electronic personal assistive mobility devices, golf carts, motor-assisted scooters, and wheelchairs.

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 Posted on August 31, 2021 in Criminal Defense

In Texas, if you are arrested for a crime, there are three possible things that could happen while you are awaiting trial, depending on the severity of the crime you are accused of. The judge could order you to stay in jail until your trial, he or she could release you on your own recognizance with the stipulation that you agree you will appear for your trial, or the judge could require the posting of bail so you can be released pending trial. 

In the majority of criminal cases, a defendant is either released on their own recognizance or allowed to post bail so they can be released. However, a new bill in the Texas legislature could make it more difficult for many defendants to post that bail, leaving them to sit in jail until their trial. 

Current Bail System in Texas

The more serious the crime, the higher the bail amount usually is.  That full amount of bail needs to be posted in cash. The amount is often too high for most people to be able to access that amount of cash on their own. In these cases, the defendant can go to a bail bondsmen or bail agency. 

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 Posted on August 26, 2021 in Criminal Defense

Under Texas law, if a driver has a blood alcohol concentration level of 0.08 percent or higher, they are considered legally intoxicated. In order to measure that concentration, police will usually take a breathalyzer test at the scene and may request or obtain a warrant for the driver to submit to a blood test for a more accurate reading. It was recently announced, however, that a medical supply company’s recall of test tubes used in the blood tests may put the results of hundreds of DWI blood tests in Texas in jeopardy.

Recalled Test Tubes

In 2019, the manufacturer issued a recall notice for a total of 247,000 test tubes because there was a concern that some of the tubes in that lot were missing preservative powder. The preservative powder is a critical component in the testing process because it is supposed to keep the blood alcohol level from changing before the blood in the tube is finally tested in a lab. In the notice, the company stated that blood alcohol levels could be “either falsely low or falsely high” if the preservative is missing.

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 Posted on August 20, 2021 in Criminal Defense

The U.S. Department of Justice (DOJ) recently announced the indictment of a Denton, TX man on federal sex offender registry violations. According to the indictment, in 2011, the man was convicted of assault with intent to commit sexual abuse in Iowa. The conviction also required he register as a sex offender. In early 2020, the man moved to Texas and registered as a sex offender as required, however, he moved back to Iowa a short time later and deregistered in Texas. In October, he moved back to Texas and failed to register again in Texas as required.

The man has pleaded not guilty to the crime and is currently being held until trial. Failing to register can be charged as both a federal or state crime and carry the potential of lengthy prison time and hefty fines.

Sex Offender Registry

In Texas, just as in all states, people who are convicted of certain criminal offenses are required to register with the state's sexual offender registry. This means they have to notify the police department of the town or city they live in of their presence. If they move to another location, they must inform law enforcement.

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 Posted on August 13, 2021 in Criminal Defense

According to statistics from the United Nations Office on Drugs and Crime, the state of Texas has the second-highest rate of human trafficking in the country. Texas lawmakers have just passed a new bill that takes aim at human trafficking, making it a state felony offense for buying sex instead of a misdemeanor offense under the current law. Texas is the first state in the nation to elevate these charges.  

The New Law: HB 1540

According to a report prepared by the Statewide Human Trafficking Mapping Project of Texas, there are more than 300,000 victims of human trafficking just in the state of Texas. Almost 80,000 of those victims are minors. The report found that sex trafficking of minors reaps approximately $600 million for traffickers, while the consequences of trafficking minors cost the state of Texas about $6.6 billion each year.

Historically, state criminal justice systems – including Texas – have treated prostitutes as criminals, often harsher than the traffickers or buyers. Studies show that many prostitutes are actually victims of human trafficking who have been forced into the sex trade. Instead of criminal charges, convictions, and jail, advocates argue that these victims should be given protection, mental health treatment, and assistance in finding jobs, education, and housing.

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 Posted on July 30, 2021 in Criminal Defense

Any time a person is charged with physical or sexual abuse of a child, the consequences can be severe. However, if the alleged offender is subject to a protective order at the time, they may face an additional layer of criminal penalties. If you are the subject of a protective order, or if you have been charged with violating a protective order, a criminal defense attorney can help you understand what is at stake and advise you on how to proceed.

Types of Protective Orders

Texas courts may issue protective orders in response to a variety of situations in which a person has allegedly been a victim of abuse. One common reason for a protective order is an act of family violence, which may include child abuse and other acts that cause or threaten physical harm or sexual assault toward a member of one’s household. Protective orders may also be issued in response to various forms of abuse toward someone outside of one’s household, including sexual abuse or indecency with a child, sexual assault, stalking, and human trafficking.

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 Posted on July 27, 2021 in Criminal Defense

A person who is accused of committing crimes against children will often struggle to defend against these types of criminal charges. In addition to facing prosecution by law enforcement officials, a person’s reputation and standing in the community may be damaged. In these situations, a person will need to understand the nature of the specific charges they have been accused of. It can sometimes be difficult to distinguish between charges such as injury to a child and child endangerment, but with the help of a criminal defense lawyer, a person can determine how these charges may apply in their situation while also creating an effective defense strategy.

Charges Involving Child Injuries and Risky Situations

The offense of injury to a child may apply in situations where a person intentionally, knowingly, or recklessly caused a child who was 14 years old or younger to suffer a bodily injury or a serious mental deficiency or impairment. If a person intentionally or knowingly caused a child to suffer a serious bodily injury that put them at risk of death, permanent disfigurement, loss of a limb or organ, or a serious mental impairment, they may be charged with a first-degree felony. If a person caused a serious bodily injury or a serious mental impairment by acting recklessly, meaning that they were aware of a substantial risk of injury but disregarded these risks, they may be charged with a second-degree felony.

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