Recent Blog Posts

Why Hiring a Criminal-Defense Lawyer is Essential for Your Case

 Posted on March 16, 2023 in Uncategorized

If you are facing criminal charges, you might be feeling overwhelmed and unsure of what to do next. It can be tempting to represent yourself or hire the cheapest lawyer you can find, but this could end up being a costly mistake.

Here's the truth: criminal law is complex, and the consequences of a criminal conviction can be life-changing. That's why it's essential to hire an experienced criminal-defense lawyer who can help you navigate the legal system and fight for your rights.

A good criminal-defense lawyer can provide many benefits, including:

Expertise in Criminal Law

Criminal law is a highly specialized area of law, and it's essential to have someone on your side who knows the ins and outs of the legal system. An experienced criminal-defense lawyer will understand the charges against you, the potential defenses, and the best strategies to achieve the best possible outcome for your case.

Protection of Your Rights

When you are facing criminal charges, your rights are on the line. A criminal-defense lawyer will make sure that your constitutional rights are protected throughout the legal process. This includes ensuring that the police followed proper procedures during your arrest and that the prosecution does not violate your right to a fair trial. Make them follow the law too.

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Why You Should Never Talk to the Police Without Your Lawyer Present

 Posted on March 16, 2023 in Uncategorized

As a criminal-defense lawyer, one of the most common mistakes I see people make is talking to the police without their lawyer present. I get it-you want to cooperate and clear your name, but unfortunately, that's not always the best strategy.

Here's the reality: the police are not your friends. They are trained to gather evidence and build a case against you. Even if you're innocent, anything you say can be twisted and used against you. That's why it's crucial to exercise your right to remain silent and your right to an attorney.

If the police want to talk to you, politely decline and tell them you want to speak to your lawyer first. This is not an admission of guilt โ€“ it's simply a smart legal strategy. Your lawyer can help you navigate the complex legal system and ensure that your rights are protected.

Now, you might be thinking: "But what if I have nothing to hide? Shouldn't I just tell the truth?" The problem is, the truth can be subjective. Even if you think you're being honest, the police might interpret your words differently or take them out of context. Plus, the more you talk, the more opportunities there are to make mistakes or contradict yourself.

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Fighting False Allegations of Online Solicitation of a Minor in Texas

 Posted on March 16, 2023 in Uncategorized

Being falsely accused of Online Solicitation of a Minor is a nightmare scenario for anyone. Your reputation, career, and personal life can all be severely impacted by such allegations. If you're factually innocent and find yourself in this predicament, it's crucial to take immediate action to protect your rights and clear your name.

Understand the Law

In Texas, the crime of Online Solicitation of a Minor is defined under Texas Penal Code Section 33.021. The statute makes it illegal to knowingly communicate with a minor online with the intent to engage in sexual contact, sexual intercourse, or to have the minor engage in sexually explicit conduct for the purpose of producing visual material.

Gather Evidence

The key to fighting false allegations is gathering as much evidence as possible to support your innocence. This may include:

  • Saving all online communication records, such as emails, text messages, and chat logs.

  • Collecting any proof that shows you believed the person you were communicating with was not a minor or that you were not the one involved in the communication.

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Assault Charges in Texas โ€“ A Brief Overview

 Posted on March 16, 2023 in Uncategorized

If you or a loved one have been charged with assault in Texas, it's crucial to understand the potential consequences and possible defense strategies. Texas Penal Code classifies assault into several categories, depending on factors like the nature of the offense, injuries sustained, and the relationship between the parties involved.

Simple assault, as defined under Section 22.01 of the Texas Penal Code, occurs when a person intentionally, knowingly, or recklessly causes bodily injury, threatens someone with imminent bodily injury, or causes physical contact in a provocative or offensive manner. Convictions for simple assault can range from a Class C misdemeanor (for minor offenses) to a second-degree felony (if committed against a family member or public servant).

Aggravated assault, under Section 22.02, is a more severe charge, involving the use of a deadly weapon or causing serious bodily injury. It's generally a second-degree felony but can be upgraded to a first-degree felony in certain situations, such as assaulting a family member, a security officer, or a witness to a crime.

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Understanding Texas Burglary Charges

 Posted on March 16, 2023 in Uncategorized

Burglary is a serious offense in Texas, punishable under Section 30.02 of the Texas Penal Code. It occurs when a person, without consent, enters a building or habitation with the intent to commit a felony, theft, or assault. Burglary can also involve remaining hidden in a building or habitation with the same intent.

The severity of burglary charges depends on the type of building involved. For instance, burglary of a habitation (such as a home) is generally a second-degree felony, while burglary of a building (like a store) is typically a state jail-felony. If the burglary involves a coin-operated machine or a vehicle, it can be charged as a Class A misdemeanor.

Defending against burglary charges may include demonstrating a lack of intent, disputing the alleged entry, or providing an alibi. Engaging a skilled criminal defense attorney is crucial to ensure the best possible outcome for your case.

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Texas Theft Laws and Penalties

 Posted on March 16, 2023 in Uncategorized

Theft is a common criminal charge in Texas, with penalties ranging from relatively minor to severe, depending on the value of the property stolen and other circumstances. Under Section 31.03 of the Texas Penal Code, theft occurs when a person unlawfully appropriates property with the intent to deprive the owner of it.

Theft charges are generally classified as follows:

  • Class C misdemeanor: property value less than $100

  • Class B misdemeanor: property value between $100 and $750

  • Class A misdemeanor: property value between $750 and $2,500

  • State jail felony: property value between $2,500 and $30,000

  • Third-degree felony: property value between $30,000 and $150,000

  • Second-degree felony: property value between $150,000 and $300,000

  • First-degree felony: property value exceeding $300,000

Defenses against theft charges may involve proving a lack of intent, demonstrating that the accused believed they had a right to the property, or disputing the property's value. An experienced criminal defense attorney can help you identify the most suitable defense strategy for your situation.

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Navigating False Accusations: Aggravated Sexual Assault of a Child

 Posted on March 16, 2023 in Uncategorized

Facing false accusations of aggravated sexual assault of a child is a harrowing experience. The emotional toll and potential legal consequences can be overwhelming. If you find yourself in this situation, it's crucial to understand your rights and the defense strategies available to you.

In Texas, aggravated sexual assault of a child is defined under Texas Penal Code ยง 22.021. This charge specifically involves an alleged sexual assault against a child under the age of 14. The term "aggravated" in this context emphasizes the severity of the offense due to the age of the victim.

A conviction for aggravated sexual assault of a child can result in severe consequences, such as lengthy prison sentences, hefty fines, and lifetime registration as a sex offender. Therefore, it's vital to seek experienced legal representation to build a robust defense.

Here are some potential defense strategies for those falsely accused of aggravated sexual assault of a child:

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Postconviction Relief: Direct Appeals and Habeas Corpus

 Posted on January 27, 2023 in Uncategorized

Some lawyers try cases.

Some lawyers handle appeals.

We do both.

Trial practice makes a lawyer better at appeals (because he sees what's really happening in a trial court that the "cold record"-the transcript and the documents-doesn't reveal). Appellate practice makes a lawyer better at trials (because he learns more law, and sees, from reading cold records, how trial lawyers screw up at trial).

When a lawyer who handles trial cases says to me, "I'm not really a 'law lawyer,' I'm more of a trial lawyer," I think, what are you doing in trial, if not law?

After a defendant has been convicted at the hands of one of these more-of-a-trial-lawyers, he might go to a postconviction lawyer. "My lawyer didn't do a very good job," he might say, "he didn't object to anything!"

Sometimes nothing happens to object to. Sometimes something happens, and the not-really-a-law-lawyer does not object, either because he doesn't know to object or because he "doesn't want to piss the jury off." (Juries don't get pissed off at lawyers objecting. Juries expect lawyers to object!)

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Defense of Family-Violence Cases

 Posted on January 19, 2023 in Uncategorized

To begin, a politically incorrect fact:

There are actual high-danger family-violence cases, but in lots of couples, it's an ordinary part of a relationship to be a little rough with each other. They push each other around for years, and it's only when someone goes too far that the law gets called.

I'm not saying it's okay, but just that that's the way it is. Some couples relate to each other roughly.

When times are tough, it's more likely that the law will get called, because stressed people are more likely to go too far, and stressed people are more likely to feel like their partners have gone too far, and call the police.

So when times are tough generally-when the economy is not doing great, when we are fighting a pandemic, when people are generally stressed out-we get a lot of calls on family-violence cases.

Typically, the person calling the police regrets it soon thereafter. It's usually the complaining witness-what the State would call the "victim"-who's calling to hire us, trying to undo what they have done.

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Defense of Drug Cases in Texas

 Posted on January 14, 2023 in Uncategorized

In a drug-possession case, the State has to prove that you knowingly possessed-that you knowingly exercised care, custody, control, or management-over the drugs. That means that they have to prove that you did something with the drugs (or helped someone else do so) while knowing that they were drugs.

Five basic defenses apply in possession cases in Texas:

  1. The State can't prove they were drugs.

  2. The State can't prove you knew they were drugs..

  3. The State can't prove you knew you exercised control over the drugs.

  4. The State can't prove you knew they were exercising control over the drugs.

  5. The State broke the law to get the evidence against me.

(1)โ€“(4) are inferential rebuttal defenses: if the State doesn't prove each element of its case, you win. So, for example, if drugs are found in the car you are driving, the State has to prove not only that you were driving a car with drugs in it, but also that you knew they were there (4) and that you knew they were drugs (2).

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