Posted on October 10,2024 in Criminal Defense

In Texas, gun laws are strict, and penalties can be severe, especially for convicted felons caught in possession of a firearm. Federal and state laws prohibit anyone convicted of a felony from owning or possessing a gun, and violations can result in serious prison time. If you are facing a firearm charge as a felon, it is important to understand the minimum sentences and how Texas law can impact your case. An experienced Plano, TX criminal defense attorney can provide guidance and fight for your rights.

Texas Law on Felon in Possession of a Firearm

Under Texas Penal Code Section 46.04, it is illegal for someone convicted of a felony to possess a firearm. This law applies to anyone convicted of a crime that carries a potential prison sentence of one year or more. According to Texas law, a felon may not possess a firearm at any time within five years of their release from confinement, parole, or probation. After that five-year period, a felon may only possess a firearm in their home, and not in public.

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 Posted on October 03,2024 in Criminal Defense

If a juvenile steals a car in Texas, the potential consequences depend on several factors, like the value of the car, the circumstances of the theft, and whether the juvenile has a criminal history. Stealing a car is considered auto theft, a form of robbery, which can be charged as either a misdemeanor or a felony. 

In Texas, juveniles involved in car theft might face charges of "unauthorized use of a motor vehicle" or "theft of property," and the severity of the charge can vary. Depending on the situation, the juvenile could be placed in a juvenile detention center, given probation, or even ordered to pay restitution to the car owner. If your child is facing car theft charges, contact a Plano, TX carjacking defense attorney for help right away. Your child’s future is at stake.

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 Posted on September 26,2024 in Criminal Defense

Two separate cases this year illustrate an issue that is becoming more and more frequent: Parents who are implicated in their child’s behavior when that child commits an extreme act of violence. In both of these cases - one in Texas, one in Michigan - a teenager killed people at school using weapons they allegedly had access to because of their parents.

These cases were not the same, nor were their outcomes. In the Texas case, which was a civil case, the parents were not found negligent for allowing their son to access their guns. The Michigan case, however, was a criminal case, and the parents were found criminally liable for giving a gun to their child, who, the prosecutor argued, was clearly a risk to others. The parents were sentenced to at least 10 years in prison.

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 Posted on September 19,2024 in Criminal Defense

An indictment is a formal accusation that someone has committed a crime issued by a grand jury after reviewing evidence that a prosecutor has. Unlike a simple criminal charge, which is typically filed by law enforcement or a prosecutor, an indictment means that a grand jury has determined there is enough evidence to charge someone with a felony formally. 

Indictments are generally required for more serious offenses and help protect people from unjust prosecution. Without an indictment, a person cannot be brought to trial for a felony. If you are facing a felony indictment, contacting an aggressive and experienced Collin County, TX criminal defense attorney is important to protect your rights and build a strong defense.

What Is the Difference Between a Criminal Charge and an Indictment?

A criminal charge and an indictment are related but distinct concepts in the legal process. A criminal charge is an accusation made by law enforcement or prosecutors, typically when someone is first arrested. It does not require a grand jury’s involvement and can be filed based on evidence that the police or prosecutor believe is enough to accuse someone of a crime. On the other hand, an indictment comes after a grand jury reviews the evidence and agrees that there is probable cause to formally charge someone with a felony. 

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 Posted on September 12,2024 in Criminal Defense

A man in Texas is currently scheduled to suffer the death penalty more than twenty years after being convicted of killing his two year old daughter by shaking her. Rights groups say that the evidence shows the man is innocent. We may never know the truth, and Roberson looks likely to suffer the death penalty as a result of his conviction.

Does this mean that all parents who are accused of shaking their babies face the death penalty? What about jail time if the child is not killed but only hurt? This blog will answer some of the most common questions about shaken baby syndrome and the Texas penal system. If you or your partner are facing a serious charge of injuring a child, you need the help of a Texas criminal defense attorney who knows the legal system and understands how crimes against children are treated in Texas.

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 Posted on September 05,2024 in Criminal Defense

Catalytic converter theft in the Dallas, TX area saw more than a 1,000 percent increase over the last few years. More than 1 in 100 vehicles have catalytic converters stolen, and organized criminal groups are largely responsible.

To try to bring this problem under control, Texas has recently increased penalties for catalytic converter theft and is prosecuting those caught with stolen catalytic converters. If you are accused of stealing a car or any of its parts, contact a Plano, TX criminal defense attorney immediately.

New Texas Law Increases Penalties for Stealing Catalytic Converters

In 2023, the Texas Senate passed Senate Bill 224, known as the "Deputy Darren Almendarez Act," aimed at cracking down on the growing issue of catalytic converter theft. This bill, named after a Texas police officer killed in front of his wife in 2022 while trying to stop three men from stealing a catalytic converter from his car, introduces much harsher criminal penalties for stealing catalytic converters.

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 Posted on August 29,2024 in Criminal Defense

A conviction can be devastating, but it does not always mean the end of the road. In some cases, it is possible to overturn a DWI conviction. Whether you can do so in your case depends on various factors, such as the specifics of your case and the strength of your legal defense. 

Overturning a conviction means that the court's original decision is reversed, which can happen through an appeal. It is important to understand that overturning a DWI conviction is challenging, but it is not impossible with the right legal assistance. A Texas DWI defense attorney can give you more information. 

What Are the Odds of Beating a DWI?

The odds of beating a DWI conviction in Texas depend on several factors, including the evidence against you, the quality of your legal representation, and whether any procedural errors occurred during your arrest or trial. While it is difficult to put an exact number on your chances, certain situations can improve your odds. 

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 Posted on August 22,2024 in Criminal Defense

Crimes such as assault, homicide, kidnapping, robbery, and drunk driving typically end with the perpetrator in jail, paying heavy fines. But what about crimes that do not involve violence or any other kind of direct physical harm to anyone? 

These kinds of crimes are typically referred to as "white collar crimes"; they are non-violent and are usually done for financial gain. White collar crimes involve complicated planning and execution and are most often done by professionals with the kind of education and access to the systems that allow this kind of crime to be committed. Private citizens, businesses, and even government officials have been convicted for white collar crimes.

Because white collar crime often involves enormous amounts of money, Texas aggressively pursues people accused of these crimes, sometimes with the help of the federal government. If you have been accused of a white collar crime, take it seriously and hire a Texas criminal defense attorney, even if you believe you are innocent or there is no evidence against you. A conviction could impact your life forever.

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 Posted on August 15,2024 in Criminal Defense

The stereotype of domestic violence is that perpetrators are always males who abuse the victims, who are always female because men simply do not respect women and do not care whether they are treated well. While this is true of some domestic violence situations, the reality is quite different.

No matter what your situation is, if you are being accused of domestic violence, you need to take these charges seriously and get a lawyer involved. Do not take chances with your future. Call a Plano, TX domestic violence defense attorney with The Crowder Law Firm, P.C. right away.

Common Misconceptions About Domestic Violence Cases

Violent husbands are not the only ones who commit acts of domestic violence. In fact, the data suggest that not only are women often responsible for intimate partner violence, but about 50 percent of domestic violence incidents in Texas are committed by other relatives, including parents, siblings, and grandparents. Alcohol also plays a role in a conflict escalating to the point of violence, as alcohol lowers inhibitions and increases emotional responses to already difficult situations. Both partners are often equally culpable for a tense situation escalating into violence, although only one partner may be willing to make accusations to the police.

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 Posted on August 08,2024 in Criminal Defense

Property rights are among the most fundamental rights under the U.S. Constitution. Yet every day, people have their property confiscated by police in circumstances that seem to defy reason, let alone civil rights.

Usually, the government cannot take someone’s property without due process or fair treatment under the legal system. But asset forfeiture – when the government takes property that is suspected of being involved in criminal activity – often allows police to take people’s belongings without due process and, in many cases, to fail to return the property even if someone is not convicted of a crime.

If you are being charged with a crime and believe you have also been a victim of wrongful asset forfeiture, even if you are certain you are innocent, you need to get help right away from a Texas criminal defense attorney.

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