Posted on June 15, 2022 in Criminal Defense

For perhaps most of human history, spanking has been a discipline most parents have used with their children. As recently as thirty years ago, few people thought twice about manually spanking and even using instruments like belts or switches. But norms about child discipline have changed dramatically in recent years and many people now have strong feelings about whether certain types of physical discipline cross the line into abuse. In Texas and many other parts of the United States, this can lead to phone calls to the police for behaviors that can surprise the parent on the receiving end of abuse accusations. Some of these calls even result in criminal charges. 

Texas has strict laws in place to protect children from domestic violence, endangerment, sexual assault, and other forms of child abuse. Because of this, it is useful to know when spanking may be considered child abuse in Texas, as well as the potential penalties for physically abusing a child. If you have been charged with abusing a child, even if you are confident that you are innocent, get legal help right away. 

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 Posted on June 07, 2022 in Criminal Defense

Raising children is never easy, but for some parents, the process is harder than others. We live in a time where the expectation of accountability for sexual crimes is the highest it has ever been, and while this is a good thing, it also opens the possibility that false accusations will be made and readily believed. A false and completely unexpected accusation that a parent committed childhood sexual abuse against their own child is every parent’s worst nightmare. These types of accusations are often as fantastical as they are offensive. If your adult child has made a post on social media, told their therapist, or confronted you with false accusations of sexual abuse you allegedly committed in the past, seek legal help right away. 

How Often Are Sexual Assault Complaints Falsified? 

While it is true that both men and women have been sexually assaulted and failed to obtain justice for their suffering, it is also true that people use allegations of sexual assault to obtain vengeance and control, or because of mental illness. It is difficult to obtain accurate estimates of false sexual abuse complaints, but estimates range from two to eight percent of all reported claims.  

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 Posted on May 24, 2022 in Criminal Defense

In 1980, Candy Montgomery, a Collin County housewife, was accused of murdering her friend Betty Gore by striking her 41 times with an ax, including 28 times in the head. On the surface, it seemed like an open-and-closed case; Montgomery had carried on an affair with Gore’s husband, and although the affair had ended before the murder, the small town was convinced Montgomery was not only a cheater, but was also guilty of a grotesque manslaughter. The story has recently been featured as a limited series called Candy, which is currently streaming on Hulu. A second series—this one called Love and Death—is set to premiere on HBO Max later this year.

Young Civil Attorney Don Crowder Takes Candy Montgomery Murder Case 

Montgomery approached Don Crowder, whom she knew from their church. Despite having no criminal defense experience, Crowder took the case, and soon, his assertive, outlandish style in the courtroom garnered nearly as much attention as the case itself. In fact, his defense was so brazen that he was thrown in jail for four days for contempt of court. In the end, however, his strategy paid off when Montgomery was acquitted after only four hours of jury deliberations. 

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 Posted on May 12, 2022 in Criminal Defense

Everybody knows that stealing is against the law. But what many people do not know, and are often surprised to learn only after criminal charges have been brought against them, is that buying something that was stolen is also against the law. This is also true if the stolen item was given to you as a gift or a loan. Receipt, possession, or purchase of stolen property is illegal - if you knew (or should have known) that the item was stolen. 

Unfortunately, sometimes people accidentally purchase or are given things they did not know were stolen. If this has happened to you, it is important to secure the help of a Texas criminal defense attorney right away so you are not punished for receipt of stolen property. 

How Can the Prosecutor Say I “Should Have Known” the Property Was Stolen? 

The law against receipt of stolen property applies even if you did not know the thing you bought was stolen - as long as the prosecution can prove that you should have known. How is it possible to read someone’s mind and tell whether they should have known? We can look at a classic example of such a situation to get a better idea. 

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 Posted on April 26, 2022 in Federal Crimes

During the time following the end of WWII through the early 1970s, the United States experienced a period of massive economic growth. Automation, full employment, and a developing transportation system all enabled significant financial gains across many sectors. However, along with the opportunity to make money came those looking to game the system, and organized crime spiked. 

In response to this influx of organized crime, lawmakers in 1970 signed the Racketeer Influenced and Corruptions (RICO) Act into law and it remains in place to this day. The consequences for federal racketeering charges are serious and defending against them requires a fearless criminal defense attorney with experience combatting state and federal criminal charges. 

What is Racketeering? 

Racketeering is the act of obtaining money through illegal business activities or extortion. Under the RICO Act, as well as the Texas Penal Code, it is illegal for someone to plan or commit certain crimes in collaboration with an enterprise. What counts as an enterprise, however, is subject to much speculation and frustration because the definition is so vague. While the RICO Act was originally meant to cover organized criminal organizations like the mafia or motorcycle gangs, even people who do not know each other have been found to be in violation of the RICO Act as the government tries to take down allegedly corrupt organizations. 

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 Posted on April 19, 2022 in Federal Crimes

Extensive news coverage has been recently given to alleged perpetrators of hate crimes all across America. Sometimes what constitutes a hate crime can seem fairly obvious, but other times charges of hate crimes seem to be overzealously filed against those who are merely expressing their opinions. Both Texas state and federal laws protect citizens against hate crimes, but few people know what actually constitutes a hate crime and may be surprised when charges of a federal hate crime are filed against them. Here are three facts about federal hate crimes. 

What is a Hate Crime? 

When someone assaults a random person on the street and robs them of their wallet, that may seem equally wrong no matter what the sex, race, religion, or national origin of the victim may be. But when the perpetrator of such a crime commits the crime because the victim is a member of a federally protected class, the crime becomes a hate crime. A hate crime is a crime committed against someone who has specific characteristics, whether real or perceived, that are defined and protected under the law. 

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 Posted on April 12, 2022 in Federal Crimes

In 2019, President Trump signed the Preventing Animal Cruelty and Torture Act (PACT) into law. Although every state previously had felony charges for cruelty to animals, the bill introduced the possibility of federal criminal charges for similar behavior. Now, federal prosecutors have the power and backing of the federal government to prosecute acts such as encouraging dogs or roosters to participate in fights and even selling or distributing videos of animals fighting.

For people in Texas who have been charged with extreme animal abuse, this new law can enhance already existing Texas state laws and bring serious penalties. If you have been accused of state or federal animal cruelty or abuse, it is essential to get competent criminal defense representation right away. 

What is Animal Cruelty? 

Among other abusive actions, it was already illegal to torture, abandon, overwork, or poison an animal in Texas; abandoning or failing to provide care for an animal is also illegal. Persons convicted under Texas state law of cruelty to animals can lose their animals, pay fines, and face jail time. 

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 Posted on April 05, 2022 in Federal Crimes

The state of Texas takes auto theft very seriously; in fact, many cities, including Dallas, have their own auto theft police units. Consequences for stealing a car can range from misdemeanor charges, such as for a juvenile who takes a parent’s car on a joyride without permission, to felony charges at the federal level for grand theft auto. Grand theft auto, which occurs when a vehicle is stolen and moved to a new location with the intent to sell or otherwise deprive the owner permanently, carries serious consequences, including potential federal charges. If you have been charged with auto theft or carjacking, your future employment, reputation, and freedom could be at serious risk. 

Texas State Auto Theft Charges 

Texas has a unique class of criminal charges called “state jail felonies,” which are labeled as a felony but which punish a crime with jail time, rather than prison time. People charged with stealing a car in Texas are usually charged with unauthorized use of a motor vehicle, which is a state jail felony; consequences include a minimum of six months to two years in jail, and fines up to 10,000 dollars. 

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 Posted on March 31, 2022 in Criminal Defense

Any kind of sexual activity with minors is treated harshly by Texas law. Even when alleged perpetrators of sex crimes with minors never actually met a minor for sexual activity, if they are charged with soliciting a minor they can face serious consequences. Soliciting a minor often comes with additional charges; in Texas, soliciting prostitution with a consenting adult is a felony, even for the first offense. If you have been charged with soliciting a minor, get help from a Texas criminal defense lawyer right away. 

Internet Stings

Charges for soliciting a minor often result from internet “sting” operations in which a law enforcement professional pretends to be a minor. When someone above the legal age of consent in Texas (17 years old) tries to use the internet simply to communicate in a sexually explicit way with a minor, it is a third-degree felony. This includes sending photos, emails, and even text messages. When the minor involved is under 14 years old, the charges can be upgraded to a second-degree felony. 

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 Posted on March 27, 2022 in Criminal Defense

Texas high school, middle school, and elementary school teachers are in a position of significant power and influence over their students. Teachers sometimes spend more time with children than children spend with their parents and the relationship between teachers and students can provide much-needed structure and authority that helps children in tough situations thrive. 

However, when these relationships are not kept strictly platonic, teachers can run into serious trouble. Public and private school teachers are not permitted to have sexual relationships with students, even if the relationship is consensual. Texas law specifically mentions and prohibits these relationships and addresses not only teachers, but also counselors, administrators, and any other school employee. If you are a teacher who has been accused of an improper relationship with one of your students, read on. 

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