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? 

When someone knowingly, intentionally, or recklessly exploits a child (or an elderly or disabled person), they have broken Texas Penal Code section 32.53. Exploitation is defined as the improper or illegal use of a child for personal benefit, including financial benefit. This includes forcing a child to do anything against the law, including sexual acts, illegal labor, child sex trafficking, production of child pornography, and even using a child to transport drugs or weapons. This law dovetails with several other laws prohibiting inappropriate sexual behavior with children and someone charged with child sex crimes can be prosecuted under all relevant sections of the law. 

Continue Reading ››

 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. 

Continue Reading ››

 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? 

Only people convicted of certain offenses may be removed from the sex offender list. The offense must have been a first-time, non-aggravated defense, meaning that those convicted of sex crimes against a child under 14, using drugs to incapacitate a victim, causing bodily harm to the victim, etc. may not apply for deregistration. There is a list that shows whether a particular crime is eligible for deregistration. An applicant must also have completed treatment and have spent least ten years on the sex offender list.

Continue Reading ››

 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. 

Continue Reading ››

 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. 

Continue Reading ››

 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: 

Continue Reading ››

 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. 

Continue Reading ››

 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. 

Continue Reading ››

 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.  

Continue Reading ››

 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. 

Continue Reading ››