Posted on November 25, 2020 in Criminal Defense

As the last few months of 2020 begin to come to a close, everyone’s sights are set on 2021. This year has been historic, to say the least, with an international pandemic, racial protests across the United States, and a presidential election all happening in a matter of 12 months. With an eventful year like this one, it is no wonder that everyone is looking forward, Texas lawmakers included. The 87th Texas Legislature will not begin their next session until January; however, state lawmakers are already filing their legislative proposals for 2021, some of which touch on criminal law.

Looking Ahead With New Laws

On just the first day in which Texas lawmakers were able to file legislation, over 450 bills were filed in the House and Senate. According to reports from the Texas Tribune, an anticipated 1,000+ bills will be submitted during the legislative session, but only a few will be seen by the governor’s eyes. This session will be especially tough for lawmakers as COVID-19 leaves billions of dollars of shortfalls in its wake. Despite this, Texas legislators have forged ahead by proposing the following notable bills:

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 Posted on November 18, 2020 in Criminal Defense

According to the Fourth Amendment, Americans have the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. In other words, if an officer shows up at your home without a search warrant, or pulls you over and asks to take a look in your car, you are legally allowed to deny the search until a proper search warrant is present. A recent Texas case, however, may put the limits of this protection in question for those individuals who are facing criminal charges.  

Stopped for Speeding, Arrested for Drugs

In early November, two Austin residents were pulled over for a routine traffic stop after they were allegedly found speeding on US HWY 87. According to reports from local station San Angelo LIVE, couple Andrew Garlinghouse and Lee French-Todd provided their driver’s licenses to the police officer upon request. After noting Garlinghouse was acting “suspicious and very nervous” during the traffic stop, the officer was denied his request to search the vehicle. The law enforcement officer suspected additional criminal activity going on due to Garlinghouse’s refusal and visible discomfort, so he called a K-9 unit to the scene to check the vehicle for illicit drugs. During the search, the officer recovered several bags of methamphetamine, small baggies, a scale, Adderall, and Xanax from the couple’s vehicle. The two individuals were then arrested on multiple drug charges.

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 Posted on November 11, 2020 in Criminal Defense

College Station, the home to Texas A&M University, has seen a significant decrease in the number of driving while intoxicated (DWI) arrests in the past year. As 2020 has been a unique year in the history of the United States, these reduced numbers may be attributed to the restrictions enacted on Texans since COVID-19 began to surge. According to the Texas Department of Transportation, more than 800 drivers across the state were killed in accidents involving DWI. While this number may not seem particularly significant in such a large state, it only accounts for those who were in fatal accidents, not those arrested or injured. If you are arrested for DWI, it is important to know the severity of the criminal charges that you may face and where to turn for legal guidance.

A Texas Town Considers the Implications of Reopening

In a KBTX news report from October 29, Police Officer Tristen Lopez from College Station, Texas notes an approximate 25 percent decrease in DWI arrests this past year. According to the report, College Station police have made 227 DWI-related arrests this year, compared to 303 arrests in 2019 by this same date. The same is true of DWI-related crashes in the area. COVID-19 restrictions in the state of Texas have left local bars closed for months in an attempt to reduce the spread of the virus. As of October 14, however, county governments were given the option of allowing their local bars to reopen at 50 percent capacity moving forward. Though these bars may reopen, they are still required to stop selling alcohol at 11 p.m.; the same is not true of restaurants, creating a gray area on which many bars and restaurants can tread. Officer Lopez connected the reduced DWI numbers to local bar closures and noted that the trend will likely change now that the bars have reopened. 

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 Posted on November 04, 2020 in Criminal Defense

Child abuse is a tragedy that happens all too frequently across the world. In Texas, an average of more than four children die from abuse or neglect every week and 184 kids are confirmed victims on a daily basis. As a parent, it may seem unimaginable how an adult can hurt a child or how the statistics can be this high in a single state alone. The cruelty behind child abuse is undeniable, which can unfortunately lead to quick judgments from the court and unfounded convictions. False accusations of child abuse or neglect are not uncommon when it comes to divorce or adjustments in child custody orders. Criminal actions like those committed by Justin Fountain, a father from East Texas, should be charged in a harsh manner, as shown below. However, those facing false accusations should seek out immediate legal help from a reputable criminal defense attorney to avoid facing severe consequences for a crime they did not commit.

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 Posted on October 29, 2020 in Criminal Defense

As of late, a number of large-scale drug operations have been discovered and shut down by Texas law enforcement. Some spanning from Mexico, through Texas, and all the way to West Virginia while others are bringing down small Texas communities. Those found guilty of possessing, manufacturing, and distributing these illegal substances will face hefty charges in the state of Texas. Depending on the substance at hand, drug charges can span from a relatively minor misdemeanor to a first-degree felony. 

Fort Worth Drug Ring

In mid-October, 30 members of an alleged methamphetamine distribution ring were taken into custody and charged with conspiracy to possess with intent to distribute controlled substances. According to reports from KWTX, the group was led by Jonathon Rodriguez, the 30-year-old owner of Funky Town Swag, a clothing store located in Fort Worth. Investigators took possession of 16 kilograms of meth, 9 ounces of heroin, and 9 firearms during the arrest. According to sources, methamphetamine has been an ongoing issue in North Texas for some time. Law enforcement discovered that Rodriguez and his team had allegedly attempted to create a meth conversion lab inside a Fort Worth residence. Reports claim that the drug ring allegedly distributed kilograms of crystal meth out of Funky Town Swag’s back office, a number of trap houses, a car wash, and a local motel. If they are found guilty, the 30 members each face up to 40 years in federal prison.

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 Posted on October 21, 2020 in Criminal Defense

A 24-year-old former educational assistant was indicted by a grand jury in Bowie County, Texas, earlier this month on two counts of an improper relationship between educator and student. The former aide was also indicted on a single count of sexual assault of a child. All three criminal charges are felonies, and they stem from interactions she allegedly had with students between November 2019 and May 2020.

Overheard Conversations

According to reports, a teacher at Texas High in the Texarkana Independent School District overheard a group of boys talking in June about how one of the boys might have gotten the instructional aide pregnant. After being confronted, the 17-year-old boy allegedly said that he had had sex with the aide but that she told him he was not her baby’s father. He also claimed that other students had sex with the assistant as well.

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 Posted on October 14, 2020 in Criminal Defense

A small city in East Texas was thrust into the national spotlight in recent days—and for all of the wrong reasons. On the morning of Friday, October 9, police in New Boston, TX, were called to a residence where they found the body of a young woman who had apparently been murdered. To make matters even worse, the victim had been pregnant at the time of her death, and a preliminary investigation indicated that the woman’s unborn baby had been cut from her body. The gruesome scene prompted action by several local and state agencies, looking into the case as both a murder and kidnapping investigation.

Pregnant Woman Found Dead

At a little after 10 a.m. last Friday, New Boston police responded to a 911 call reporting a deceased person. New Boston is a small city of approximately 4,600 people in Bowie County near Texarkana. When the police arrived, they discovered the body of a 21-year-old woman. According to officials from the Texas Department of Public Safety, the woman was clearly the victim of a homicide. She had also been almost eight months pregnant when she died, and her baby had been cut from her womb, presumably by her killer. Following the horrific discovery, an investigation was initiated by multiple law enforcement agencies throughout the region, including the Department of Public Safety, the New Boston Police Department, the Texarkana Police Department, and the Bowie County Sheriff’s Office.

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 Posted on October 07, 2020 in Federal Crimes

As it currently stands in the United States, most computer-related crimes can be charged as federal offenses, as they largely utilize the online infrastructure of the Internet. Computer-related federal charges may stem from using the Internet to traffic drugs, weapons, and even people, in addition to illegal materials such as child pornography. Interstate and international scams conducted via the Internet can also be prosecuted as federal crimes. “Hacking” or gaining illicit access to computer systems or networks is usually a federal crime, as well.

With all of this in mind, it may come as quite a shock to learn that the U.S. justice system currently does not have a clear process in place for prosecuting those accused of hacking into a federal voting system. However, the U.S. House unanimously passed a bill last month that would give federal prosecutors the statutory support they need to prosecute voting system hacking. The bill cleared the Senate in 2019 and is now awaiting President Trump’s signature so that it can be enacted into law.

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 Posted on September 25, 2020 in Federal Crimes

Under Texas law, a person commits criminal homicide if he or she intentionally or negligently causes the death of another individual. Criminal homicide is considered murder when the offender knowingly causes the death of the individual, causes death while intentionally causing serious bodily harm, or causes the death of the individual during the commission of a felony. Depending on the facts of the case, murder may be charged as a first-degree or second-degree felony offense in Texas. However, there are some situations in which murder may also be considered a federal crime. 

Circumstances in Which the Federal Government Prosecutes Murder Cases

Most federal murder charges result from murders involving drug trafficking or weapons trafficking, or attacks on U.S. government officials. Deaths resulting from certain crimes against children may also result in federal murder charges. Murder is typically a federal criminal offense if:

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 Posted on September 21, 2020 in Criminal Defense

The public’s opinion of drugs and alcohol has changed dramatically throughout our nation’s history. Alcohol was common in many American homes until the 18th Amendment banned the consumption of liquor, beer, and wine in 1919. Then, the 21st Amendment repealed the ban on the manufacture and consumption of alcohol. Today, marijuana is a subject of great controversy across the United States. Some consider it a dangerous “gateway drug” while others believe that the substance offers significant medicinal benefits. Although the laws surrounding drugs and alcohol are constantly changing, one certainty has remained consistent: Drugs and alcohol should not be consumed by children. Allowing a child to consume drugs or alcohol or consuming an illicit substance in the presence of a child can result in child endangerment charges.

Criminal Charges Can Result from Exposing a Child to Danger

Children are unable to adequately provide for their own safety. Consequently, they are dependent on adults to protect them from harm. When an adult fails to protect a child or allows a child to be in a dangerous situation, he or she may be charged with the criminal offense of child endangerment. One Texas woman was recently arrested and charged with child endangerment after a video surfaced of the woman allowing her 3-year-old brother to smoke marijuana. The video, which was shared on Facebook and quickly shared with Texas police, shows the boy’s 18-year-old sister and another individual actively encouraging the toddler to inhale. Child Protective Services is currently investigating the situation. It is unknown if further criminal charges will be brought against the young boy’s parents. If the sister is convicted of child endangerment, she faces up to two years of imprisonment in a Texas state jail facility.

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