Categories for Criminal Law

The consequences associated with a probation violation are dependent upon a number of factors, including the gravity of the violation, whether you have had previous violations, and whether there may be outstanding circumstances that either diminish or worsen the severity of the violation. Some violations may be treated lightly, but there are other probation violations which can result in significant penalties, including heavy fines, extended...

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Under the U.S. Constitution, anyone who has been accused of a crime has the right to the defense of a lawyer, and it is the criminal defense attorney who represents a defendant both in and out of court. It’s important that you realize that a good criminal defense attorney brings much more to the table than a simple understanding of the law by the books....

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Under the U.S. Constitution, anyone accused of a crime has the right to the defense of a lawyer, and it is this criminal defense lawyer who represents a defendant both in and out of court. While there are no hard statistics on how many people choose to represent themselves in criminal cases, the estimates find that less than 1% choose to do so. The fact...

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If it hasn’t happened to you yet, it will probably happen to you at one point or another… You’re driving along, listening to the radio, when all the sudden you hear that whine of the siren and the red and blue lights flashing behind you. Your heart sinks into your stomach as you silently hope that they aren’t pulling you over, but just trying to...

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Misdemeanors in Texas are crimes that are punishable by up to one year in jail and/or up to a $4,000 fine, and all misdemeanors are classified into the categories of A, B, or C. A Class “C” Misdemeanor is the lowest level criminal offense in the state of Texas. These Class C misdemeanors have a fine limited to up to $500 and have no jail...

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You may think that you cannot be charged with drug possession if you are with someone who has them, but that would be a mistake. Take a common scenario where a few friends are driving around town and get pulled over by the police for a minor traffic infraction. Unbeknownst to you, your friend has stashed a bag of drugs in the center console or...

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Compared to some other states, Texas has some pretty severe penalties for drug crime convictions and in most cases isn’t likely to go “easy on” drug offenders. In part, this approach can be attributed to the state’s much lauded “tough on crime” stance and may also be attributed to the state’s large border with Mexico. This large and difficult to control border has made it...

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While we hear the terms assault and aggravated assault in movies and television programs quite frequently, many don’t really know what the difference between the charges is and the ramifications that they entail. In Texas, the difference between assault and aggravated assault is the difference between a misdemeanor charge and a felony charge. So if you or a loved one is facing one of those...

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According to the Texas Penal Code, theft encompasses a wide range of offenses which can include shoplifting clothes from a store, stealing a car, or a variety of other situations. But they all boil down to knowingly taking someone’s property with the intent to deprive them of that property. You don’t have to keep the property for a long-time, or keep it at all, in...

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You would never ask a neurologist to help you get over the flu, nor would you ask your eye doctor to perform a knee replacement surgery. Attorneys are much the same, as many specialize in different fields of law, so the attorney you are looking for is probably not the one who helped your parents handle their will, or helped your friend after their car...

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Thousands of criminal cases are filed and tried in the state of Texas each month. If you are facing serious legal charges, then hiring a criminal defense attorney is the best step you can take to successfully defend yourself and to reduce the risk of a disastrous outcome. While there are a wide range of criminal defense cases that attorneys see throughout their careers, there...

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A criminal record can negatively impact your life long after your sentence has been completed. In today’s computerized age, background checks have become commonplace and they can hurt your chances of getting a job, being approved for loans or credit, trying to find an apartment, and hurt your standing in the community. If you’ve been arrested, charged, or convicted of a crime in the past,...

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People frequently contact our office after they have been arrested and charged with a crime. But in certain situations we could have prevented the charges from being brought all together. Many people unintentionally harm themselves by discussing their case with a detective. When a detective calls you in reference to a criminal matter, you should always contact your attorney before providing a statement of any...

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As one might expect, the facts of most criminal cases are in dispute between those involved.  Law enforcement, the complaining witness and the prosecutor see the case one way while the accused and his or her attorney view the case another way.  In this instance, a jury is typically called upon to hear the evidence and testimony in the case and render a verdict accordingly. ...

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On August 9, 2014, NASCAR driver Tony Stewart struck and killed fellow driver Kevin Ward, Jr. during a dirt track race in upstate New York.  The incident occurred when Stewart’s vehicle made contact with the car driven by Ward, causing it to spin out and stop on the racetrack.  Ward then exited his vehicle to confront Stewart and was struck by Stewart’s vehicle as the...

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Mr. P, 17 years-old, was arrested and charged with Burglary of a Building in Dallas County, Texas.  Mr. P and two friends allegedly entered a locked area of an apartment complex and that one of the suspects had stolen an item from the facility.  Although Mr. P was not found to be in possession of any stolen items at the time of his arrest, it...

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Last week, on Monday, June 9th, a woman identified as Ingrid I. Morataya rear-ended and killed two others in Mesa, Arizona. The accident occurred at Recker and Brown roads in east Mesa, according to the Mesa Police Department. Morataya was driving a FJ Cruiser allegedly at a speed significantly higher than the posted speed limit when she crashed into 37-year-old Guadalupe Madril and 33-year-old Jason...

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Deferred adjudication probation is a type of probation whereby the court withholds a finding of guilt while the client attempts to successfully complete the requirements of their probation.  If the client is successful, the case is discharged without a final conviction or a finding of guilt. There are several reasons why a client would benefit from a deferred adjudication probation if one is offered.  First,...

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Along with the holiday season comes a wide array of social engagements that involve the consumption of alcohol.  Law enforcement is well aware of this fact and they make a conscious effort to step up DWI enforcement.  Furthermore their “no refusal” policy, which is frequently employed during this time of the year, results in the widespread acquisition of blood draw warrants. A DWI conviction can...

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A common question that arises when a client seeks an occupational driver’s license is “do I have to be working to get one?”  In many circumstances the answer is “no.”  This scenario typically comes up in the case of a stay-at-home parent or a person who is currently out of work and is seeking a job. In these situations we simply state in the occupational...

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Speculation continues to surround Florida State star quarterback and Heisman Trophy candidate Jameis Winston regarding an off the field incident from late 2012.  The case exhibits many of the complicated factors that can surface in a sexual assault allegation. A young woman alleged that she was sexually assaulted by Winston in late 2012, however the matter was considered closed in early 2013.  News has recently...

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Our client was charged with operating a motor vehicle with a suspended license.  The suspension was due to unpaid surcharges with the Department of Public Safety (DPS).  Originally the State was unwilling to offer an agreed resolution to the charges until the client’s license was valid.  This would have prevented him from avoiding a conviction for the offense on his permanent record. With the help...

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Taylor was charged with Assault Involving Family Violence for allegedly assaulting his mother.  He is 19 years-old and has no prior criminal record.  We encouraged the prosecuting attorney to contact his mother and confirm that their relationship has been repaired and he is not a threat to her safety. Upon confirming these facts we convinced the prosecutor to dismiss the case entirely on the condition...

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Did you know that in certain instances Dallas County misdemeanor cases can be dismissed through what is known as a “Memorandum Agreement”?  If the client has no prior criminal record it is often possible to negotiate this type of agreement to dispose of the charge.  The terms of the agreement vary depending on the type of case, but typically include 24 hours of community service...

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Our client Nancy was charged with Driving While Intoxicated (DWI) in Tarrant County.  She successfully avoided providing breath or blood evidence and did not make any overly incriminating statements to the arresting officer.  Importantly, she maintained a polite and calm demeanor throughout her ordeal. In our negotiations with the assistant district attorney assigned to the case we highlighted the lack of strong evidence against our...

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Our client Javier was charged with Driving While Intoxicated (DWI) in Dallas County.  His breath test score was 0.09, which places it just above the legal  limit in Texas.  Additionally, there were significant issues surrounding the legality in which his vehicle was stopped for suspicion of drunk driving. The case was set for a jury trial and as the trial date approached we were able...

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James was charged with Failure to Register as a Sex Offender, a 3rd Degree Felony carrying the possibility of up to 10 years imprisonment upon conviction.  James had a lifetime duty to register as a sex offender following an incident that occurred in 1988 involving the aggravated sexual assault of a minor. The prosecutor assigned to the case was unwilling to offer any agreed plea...

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David was charged with a State Jail Felony for allegedly misappropriating finances while operating an insurance business.  Through our pretrial investigation we were able to determine that David’s employees likely had access to the stolen funds at issue in the case.  Further, there appeared to be questionable dealings by the insurer issuing the policies purchased through David’s business.  Following discussions with the assistant district attorney...

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Being arrested and accused of a crime is a frightening experience and one of the most stressful situations a person can find themselves in.  You can find yourself in unfamiliar places such as jail and a court room and be exposed to new, often confusing language and concepts that are difficult to understand.  A criminal defense attorney is critical to obtaining a favorable outcome; the...

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Wednesday, the Houston Chronicle reported on the incident occuring with Disctrict Attorney Chuck Rosenthal. Attorney Chuck Rosenthal may not sleep well tonight. Tomorrow morning he must go before U.S. District Judge Kenneth Hoyt to explain why he should not be fined or even jailed for contempt in connection with deleting e-mails that Hoyt had ordered him to produce in a lawsuit. Some of the e-mails...

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