Posted on August 29, 2022 in Criminal Defense

You may have heard horror stories in the news - friends being careless while driving, tragic accidents between family members out hunting, or a night of partying gone wrong - but never thought such a thing would happen to you. Yet accidental killings do sometimes happen, and when they do, they change lives forever. While the victim’s family and friends suffer the greatest loss, the person responsible for an accidental death will also have to deal with terrible consequences, whether or not criminal charges are filed. When criminal charges are filed, an excellent criminal defense attorney is essential for preventing even more suffering. 

Criminal Charges for Accidental Killings in Texas

Killing someone in Texas can be prosecuted as murder, capital murder, involuntary manslaughter or voluntary manslaughter, or criminally negligent homicide. Involuntary manslaughter charges can be brought after an act of recklessness that kills someone, but which was not committed with the intent to cause serious harm or death. Driving drunk and crashing and killing someone is a classic example of involuntary manslaughter. But what about when a death is truly an accident? In these cases, charges of criminally negligent homicide may still be brought. 

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 Posted on August 23, 2022 in Criminal Defense

Most people know that using the internet to look for sex with minors in Texas is a crime. Likewise, many people know that police conduct “sting” operations to find people looking to engage in criminal behavior. But sometimes, police conduct crosses a line and people get caught in sting operations and charged with crimes of which they are innocent. 

If you were caught in an internet sting operation, you may feel shame and fear and wonder what will happen to you. With a great criminal defense attorney, you can fight these unfair charges and have hope for a better future. 

What Counts as Online Solicitation of a Minor? 

When someone 17 years of age or older tries to use any form of electronic communication to get a minor to engage in sexual activity, including just sexual conversation, this is considered online solicitation of a minor whether the sexual activity occurs online or in person. Sending explicit photos and “sexting” with explicit language - two very common activities among young adults - are included in this crime. 

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 Posted on August 15, 2022 in Criminal Defense

There is no accounting for taste, as the old saying goes, and nowhere is this more true than when it comes to sexual preferences. Yet there is growing concern that some people - men in particular - are successfully using their personal taste as an illegitimate defense in horrific murder crimes. When violent sex results in inadvertent injury or death, is the perpetrator truly culpable of assault or murder? And do people who enjoy BDSM need to be worried about potentially facing criminal penalties in a Texas court? 

Is BDSM Legal in Texas? 

Bondage, discipline, dominance, submission, and sadism, or BDSM, is a broad term that is used to describe sexual behaviors that are often considered deviant in nature. While some types of BDSM are objectively harmless, others can be violent, humiliating, and sometimes dangerous. 

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 Posted on August 09, 2022 in Criminal Defense

Texas law considers the welfare of children, disabled persons, and the elderly of the utmost importance. The inability of these protected groups to speak out for their wellbeing or to take action against predatory adults makes it all the more important for the law to protect their best interests at all times. Because of the internet’s saturation with child pornography and the difficulty of catching those responsible for creating and distributing indecent images, Texas has created laws that crack down all the harder on people who sexually exploit children. 

But while there are many types of child exploitation, Texas law means something very specific when it comes to charges of sexual exploitation of a child. If you are facing charges for this serious crime, it is important to understand what it is and what the consequences are. 

What is Child Sexual Exploitation in Texas? 

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 Posted on July 28, 2022 in Criminal Defense

Accusations of child endangerment are easy to make and difficult to defend against. After all, in some cases whether a child is being endangered is somewhat subjective; discipline that one person finds reasonable may be seen as abusive to another. Texas law has specific definitions of what kind of behavior constitutes legal child endangerment or abuse, but it can be a long, uphill battle for a parent, neighbor, or teacher to clear themselves of charges.

If you have been accused or charged with a crime against a child, you may feel as though explaining your situation and trying to defend yourself is a reasonable approach. But the police, Child Protective Services, and prosecutors often have an agenda and are not so eager to see potential child abusers as innocent. Instead, learn as much as you can about how these accusations could impact you, and then contact a Texas criminal defense attorney with experience conducting a rigorous defense against child endangerment charges. 

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 Posted on July 26, 2022 in Criminal Defense

While most of us think of the term “sex offender” and think of serious sex offenses like rape, child sexual assault, or prostitution, the truth is that even crimes like indecent exposure, which are typically only a Class B misdemeanor, can result in the requirement to register as a sex offender as well. Once someone’s name is caught up in the Texas sex offender list, it is very hard to get it removed and the consequences associated with being a sex offender are devastating. 

Fortunately, it may be possible for some people to deregister as a sex offender. Different sex crimes have different lengths of sex offender registration, but if you meet certain requirements, you may be able to get your name taken off the list. Talk to a Texas criminal defense attorney to learn more about your options. 

How Can I Get My Name Taken Off the Texas Sex Offenders List? 

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 Posted on July 19, 2022 in Criminal Defense

Many Texas churches have come under close scrutiny for their handling of cases involving child sexual abuse by clergy members. The clergy members were often powerful, well-protected men in their communities and even in the world at large, making successful prosecution difficult for many years. Now, however, victims of child sexual abuse are finally getting their day in court and thousands of esteemed clergy members from worldwide religions are being sent to prison for their crimes. 

In the midst of rightfully-placed compassion for bona fide victims of abuse, many clergy members who are innocent have also been caught up in accusations of child sexual abuse that they did not commit. And, whether an individual is guilty or not, he or she is always entitled to a vigorous defense against the charges they face. That is where a Texas child sex abuse defense attorney comes in. If you are a clergy member who has been accused of sexual abuse, get a criminal defense attorney right away. 

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 Posted on July 12, 2022 in Federal Crimes

A well-known star of a reality TV series recently received a sentence of 12 years in federal prison for receiving and attempting to receive child pornography, and trying to solicit minors to engage in sexual contact with him. The 22-year-old man is accused of using his fame as a prominent cheerleader and media star to solicit the minors, who lived in Florida, Illinois, and Texas. Although he initially pleaded not guilty, he later did plead guilty to two of the charges.

Convictions for child pornography and soliciting a minor carry serious consequences under Texas and federal law. This case illustrates perfectly how prosecutors are eager to pursue sex offenders and punish them to the fullest extent of the law, using victims’ testimonies to bolster their case and minimize public sympathy for perpetrators who are very often victims of sexual abuse themselves. If you are facing charges of this nature, get help right away from a Texas criminal defense attorney who will aggressively defend you. 

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 Posted on June 27, 2022 in Criminal Defense

Texas law defines manslaughter as an offense that occurs when one person recklessly causes the death of another person. In contrast to homicide, in which a killing is deliberate or even premeditated, manslaughter is more akin to an accident—albeit a very serious accident in which the guilty party should have known better. Add a car or other vehicle to the situation, and you have vehicular manslaughter—although in Texas, vehicular manslaughter is just called “manslaughter.” 

The consequences of a conviction for manslaughter are serious. If you have been charged with manslaughter, it is important to learn more about the topic and then get the help of an experienced Texas criminal defense attorney. 

What Is an Example of Vehicular Manslaughter? 

Any action in which one person’s recklessness behind the wheel of a vehicle kills another person could be vehicular manslaughter, giving authorities wide leeway when bringing vehicular manslaughter charges. Examples of behaviors that may allow for vehicular manslaughter changes include: 

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 Posted on June 21, 2022 in Criminal Defense

Child custody disputes are often heated affairs and one or both parents frequently disagree with the outcome of custody negotiations. Furthermore, the terms of a custody agreement may sometimes be unclear, leaving parents with questions about what is allowed in terms of taking children out of town, whether for vacation, relocation, or other purposes. 

While kidnapping laws in Texas are meant to protect children from abduction and other dangerous situations, parents can actually be charged with kidnapping in certain circumstances. This may seem offensive and hard to believe, but parental kidnapping charges are real and carry serious consequences. If you have been accused of or charged with kidnapping, abduction, or unlawful restraint without consent, contact a Texas criminal defense attorney right away. 

Interference with Child Custody

It is a crime in Texas for a parent to take or restrain a minor child when there is an existing custody order that contradicts the parent’s movements. This includes those rare situations in which one parent takes a child out of the country without the permission of the other parent. It also includes a much more common situation: When one parent has filed for divorce and the other parent takes a child out of the court’s jurisdictional area to prevent the court from making decisions about custody or the child’s welfare. This is true even when the parent does not remove the child himself, but rather entices the child away from their other parent. 

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