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Law Blog

Blog Posts - Criminal law

What is the Age of Consent in Texas?

The age of consent varies based on the type of sex offense. There is no single “age of consent” in Texas. Most sex crimes laws in the Lone Star State define a child or minor as anyone under 17. Some laws, such as the child pornography law, define a child...

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Can I Be Convicted Without Physical Evidence?

Any kind of evidence, direct or circumstantial, could be admissible in court. Yes, if the evidence is sufficient to meet the burden of proof in a criminal case. That is a big “if” because the burden of proof in a criminal case is beyond any reasonable doubt. In simple terms,...

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Can I Have My Criminal Record Expunged or Restricted?

Many criminal defendants are eligible for a pure second chance. Yes, and yes. Especially considering it is a dark red state, Texas has broad expungement and sealing laws. Expungement is a magic eraser. It eliminates all law enforcement, judicial, and other records of a crime. People cannot find these records...

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What is the Role of a Grand Jury in TX?

A grand jury is basically a prosecutor’s focus group. In many respects, the grand jury’s only role in Texas is to be the prosecutor’s red stamp. Technically, grand juries can no-bill (refuse to indict) criminal defendants. However, mostly because of the one-sided nature of this process, the grand jury indictment...

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What Should I Do if I am Arrested in Fort Worth?

Jail release is an important part of a criminal defense. You should get out of jail as quickly as possible for personal and legal reasons. Many people know someone who underwent personality changes in jail. That is because involuntary confinement alters brain chemistry. Sometimes, this alteration is an improvement. Usually,...

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What Makes a Crime “Aggravated”?

Common aggravated offenses include drug trafficking and aggravated assault. Usually, aggravated simply means worse. Sometimes, aggravated could refer to mens rea (criminal intent). A crime is aggravated if the defendant intends the conduct and the result. Aggravated assault is a good example. In these cases, the defendant usually intends the...

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What are Violent Crimes in TX?

Violent crimes are difficult to resolve in Texas. The definition seems simple. A violent crime is either a song by Kanye West or a crime that hurts someone. But it is not that simple. Assault and murder are clearly violent crimes. Tax fraud and prostitution are clearly nonviolent crimes. Many...

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What Constitutes Simple Assault?

Simple assault is a misdemeanor with serious direct and collateral consequences. Assault in Texas is a variation of common-law battery, which is a harmful or offensive touch. Additionally, in criminal court, the state must prove the harmful or offensive touch was intentional. The intent requirement applies to the act, not...

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Texas Two-Step Domestic Violence Defenses

The evidence against a defendant is often weak in domestic assault cases. We remember things selectively. Our eyes are not video cameras. That is especially true in traumatic situations. Largely for this reason, about a third of domestic violence allegations are exaggerated or outright fabricated. Nevertheless, many judges and jurors...

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Types of Misdemeanors in Texas

A misdemeanor conviction, which could mean significant jail time, has lasting consequences. Misdemeanors are “minor” criminal cases in Texas. There is no such thing as minor surgery if you are the one on the operating table, and there is no such thing as a minor criminal case if you are...

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What are My Rights When I am Arrested?

The Constitution and Declaration of Independence guarantee prisoners certain rights. Many believe the war in Afghanistan was America’s longest war, but the War on Crime declared by President Lyndon Johnson in 1965 has persisted even longer. He called it a “crippling epidemic” that “hinders the economic progress of the nation.”...

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Will I Go to Jail if I am Arrested for a Crime?

When officers arrest suspects, several jail release options are available. Probably. All criminal offenses, and some traffic infractions as well, are arrestable offenses in Texas. In fact, some law enforcement agencies have mandatory arrest policies, usually for DUIs and domestic violence assaults. If officers have probable cause to believe that...

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How Does the Criminal Defense Process Work in Texas?

The criminal justice process is often long and frustrating. Law enforcement authorities are aggressive in Texas. The Lone Star State has one of the highest arrest rates in the country. In many jurisdictions, police release offenders, sometimes even felony offenders, with warnings. But in Texas, police officers almost always arrest...

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Can a Misdemeanor Be Dismissed in Texas?

Yes, but alleged victims cannot “drop” criminal charges in Texas. Several kinds of dismissals are available in Texas, but only the authorities have this power. Complaining witnesses can no longer “drop” criminal cases. If alleged victims refuse to testify in assaults or other cases, prosecutors can subpoena these people and...

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Expungement 101: Clearing Your Criminal Record

Most defendants are eligible for record expungement or sealing. When it comes to cleaning your criminal record, Texas has a rather complex two-tier system. Under the newly expanded rules, almost everyone is eligible for expunction or sealing. Expunction is the complete destruction of all arrest, prosecution, conviction, probation, and other...

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Understanding Your Rights During a Police Stop

Do you know all your constitutional rights at a police stop? Police stops are uncertain times for both citizens and officers. Many detainees have never been pulled over before, or at least have not been pulled over in many years. So, they are unsure of their rights. On the other...

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How Do You Get Your License Back After Suspension?

Reinstating a suspended license does not mean watching the calendar. Many people violate Transportation Code Section 521.427 (driving while their license is invalid) every time they get behind the wheel, but they do not know it. If the state suspends a driver’s license for administrative reasons, such as failure to...

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What is a Pretrial Motion?

Pretrial motions make a big difference in case outcomes. A successful pretrial motion greatly improves the likelihood of a successful outcome at trial or during pretrial settlement negotiations. If the case goes to trial, a pretrial motion basically means that the deck is stacked in favor of the defendant, plaintiff,...

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What is a First Offender Program?

First offender programs are restorative justice programs for youth and adults; they enable participants to avoid a criminal record after an arrest and connect participants to resources that help them to stay on the right side of the law. The goal of the criminal justice system is not simply to...

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What is a Plea Bargain?

In criminal law, a plea bargain is where a defendant pleads guilty to a lesser charge in exchange for the state dropping a greater charge or else pleads guilty to the original charge in exchange for a lighter sentence than the defendant would receive if convicted at trial. Few experiences...

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Federal vs. State Criminal Charges

Whether you face charges in state or federal court depends not only on the severity of the offense but also on which laws you are accused of breaking and which law enforcement bodies investigated your case. Plenty of journalists have made their careers out of provoking outrage against the federal...

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Cybercrimes and Juveniles: What Parents Need to Know

We live in a digital world. With the rise of technology has come an unfortunate rise in the rate of cybercrimes. As defined by the United Nations Office on Drugs and Crime (UNODC), cybercrime is “an act that violates the law, which is perpetrated using information and communication technology.” It...

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What is The Main Reason You Need an Attorney

Criminal and family law matters may be the most trying times in life. Attorneys help clients endure these hardships. Most people immediately see the need for a good lawyer in a serious criminal case, like murder, or a high-stakes family law matter, like a high-asset divorce. In less serious matters,...

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Breaking Down Self-Defense in Texas

Defendants can escape punishment for a violent crime if an affirmative defense, like self-defense, applies. The Lone Star State has one of the broadest self-defense laws in the country. It’s based on the castle doctrine (“a man’s home is his castle”). In Medieval times, knights could do almost anything to...

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Expungement and Record Sealing: Starting Fresh

New laws have created new opportunities for people to move on with their lives. Texas law, unlike the laws in many other states, includes multiple criminal record expungement and sealing options. Almost every first-time offender, whether they were convicted of a misdemeanor or felony and whether that offense was violent...

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Winter Holiday DUIs By the Numbers

Since coronavirus lockdowns ended, the number of impaired drivers has increased significantly. During these lockdowns, for the most part, roads emptied, and traffic enforcement ceased. Therefore, many motorists acquired bad habits, such as drinking and driving. DUIs aren’t just a safety issue. These infractions keep police and probation officers busy....

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Juvenile Crimes and the Criminal Justice System

Unless an attorney intervenes, juvenile criminal records follow defendants forever. Contrary to popular myth, the state does not automatically seal or expunge juvenile criminal records when former offenders turn 18. These crimes have long-lasting consequences. Most people assume a juvenile criminal conviction is a tip-of-the-iceberg matter. If police arrest the...

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Can Juveniles Be Charged as an Adult?

Young people can get themselves into serious trouble. In some cases, a minor may even face a criminal allegation. Our state has a specialized legal process for juvenile offenders. In most cases, juvenile charges are handled through the juvenile justice system—which is focused on rehabilitation and is far more forgiving....

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What are the Most Serious Felony Charges in TX?

A felony is a serious criminal charge. In Texas, all felonies carry a potential sentence of at least one year in prison—with many felony charges carrying the risk of far more time behind bars. Notably, there are actually several different “classifications” of felony charges. The Texas Legislative Council publishes a...

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Were Your Rights Violated During Your Arrest?

An arrest is stressful and confusing. Being taken into custody by federal, state, or local law enforcement officers can be overwhelming. You may feel like you have no power. However, you have very important rights under the law. If your rights were violated during or after an arrest, there are...

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Can the Police Search My Car?

Officers may only search private property if they have probable cause. Yes, but the right to search an automobile or other vehicle is not unlimited. In fact, the Fourth Amendment only allows “reasonable” searches and seizures. The legal definition of a reasonable search is discussed below. The punishment for a...

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Can You Carry a Knife in Texas?

What is a “knife” in Texas, how long can the blade be, and where can you carry a knife? In most cases, the answer to this question is “yes.” Texas is famous, or infamous, depending on your perspective, for its broad weapons-carry laws. These laws are not unlimited, but they...

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What Happens During a Juvenile Detention Hearing in Texas?

At a juvenile detention hearing, the judge weighs certain factors and decides if the child should remain in custody before trial. A juvenile detention hearing, which is often the juvenile’s first court appearance, resembles a bail hearing in adult court. Since the pandemic lockdowns ended, crime rates have increased. Many...

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Marijuana and THC Oil Wax Charges

Despite the progressing laws regarding some forms of cannabis, possessing marijuana for recreational use or of THC oil or wax can result in trouble with the law and criminal penalties. Differences in Criminal Charges Between Marijuana and THC Oil/Wax There are many ways that people use cannabis, including smoking marijuana...

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Can a Warrant Be Removed?

Arrest warrants do not expire on their own, but you can make the warrant go away by posting bond or appearing in court. In fictional stories, the plot device of a cat-and-mouse game where someone who is suspected of a crime attempts to elude law enforcement never gets old. It...

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Police Body Cameras and Texas Criminal Cases

Police body camera footage of your arrest can provide evidence that can persuade a jury to acquit you, but many controversies and gray areas surround which body camera footage can be shown to the public. Last year, Texas legislators introduced several pieces of legislation intended to prevent police violence; these...

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When Can a Juvenile Be Tried as an Adult in Court?

In Texas, when children or juveniles are accused of crimes, their cases are normally tried in juvenile courts and not under the adult criminal justice system. But, in certain cases, the law can sometimes mandate or allow the courts to treat children as adults. In such cases, a juvenile can...

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Are All Police Encounters Videotaped in TX?

No. Not all police encounters are videotaped in TX. While the state has a body-worn camera policy, it is not mandatory. Only seven states currently require the statewide use of body-worn cameras by the police. These states include South Carolina, New Mexico, New Jersey, Maryland, Illinois, Connecticut, and Colorado. Texas...

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Are Criminal Records Wiped at 18?

No. Your criminal records will not be wiped, cleared, sealed, or expunged just because you turned 18. Unsealed criminal records can be seen and requested by law enforcement officers, juvenile justice officers, probation officers, educational institutions, and prospective employers, among others. Texas law does allow you to seal your juvenile...

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Is Self-Defense a Violent Crime?

Everyone has the right to protect themselves from physical harm. They can act in self-defense and not be liable for a violent crime. However, what exactly is self-defense? Is it punching or kicking anyone who threatens you? Or is it only utilizing force if retreating just isn’t possible? In any...

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When Does a Crime Become a Hate Crime in Texas?

Reports by the Federal Bureau of Investigation (FBI) indicate that more hate crimes were reported in a recent year than had occurred in any of the past ten years. Distinguishing a hate crime from other types of offenses is important, as the penalties for a crime can increase substantially based...

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Is Hemp Flower Legal in Texas?

In August 2021, a Texas appeals court ruled that products made from hemp flowers in other states could be sold in Texas. In the same decision, the court upheld the existing ban on the processing and manufacturing in Texas of hemp flower products intended for smoking or vaping. The decision...

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Are All Police Interrogations Recorded?

The Model Code of Pre-Arraignment Procedures § 130.4 (3), set out by the American Law Institute, states that law enforcement agencies should make a sound recording of “any questioning of the arrested person and any statement he makes in response thereto.” The Constitution Project also recommends that custodial interrogations of...

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Stages of Criminal Prosecution in Texas

Like all court systems, the Texas court system has two conflicting goals: they aim to protect the public on one hand and must also protect the constitutionally guaranteed rights of the criminally accused. To uphold the rights of defendants, all Texas criminal courts and law enforcement authorities should follow specific...

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New Texas Firearm Laws for 2021

On September 1, 2021, a new law stemming from House Bill 1927 took effect in the State of Texas. This law overhauled Texas firearm rights and possible criminal penalties, and now, most Texans over the age of 21 can carry a handgun in public - openly or concealed - without...

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Can You Carry a Knife on You in Texas?

Texas law regulates the carrying of weapons - not just firearms but also knives. Knives are also deadly weapons, so the law addresses when people may and may not lawfully carry certain types. There are two categories of knives under the law: A “knife” is a hand instrument with the...

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3 Reasons Not to Talk to the Police

Regardless of whether you’ve been detained, imprisoned, arrested, or feel like you can’t just walk away from a cop, it’s important to know that you generally don’t have to answer the questions that a police officer is asking you. However, keep in mind that there are specific circumstances in which...

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Revenge Porn in Texas

The age of the internet has created new opportunities for people to harass or seek revenge on former intimate partners or other parties. One common way people might seek to hurt others is referred to as “revenge porn,” which involves publishing nude or sexual pictures or videos of someone online...

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Take or Not to Take a Breathalyzer Test?

Getting pulled over is always a stressful experience, and your stress levels can shoot through the roof if the officer starts suspecting that you might be intoxicated. The officer might ask you questions, such as whether you have been drinking, where you are heading, and more. If the officer notices...

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Infecting Someone with an STD Can be a Crime

Knowingly putting someone else at risk of contracting a sexually-transmitted disease (STD) without their knowledge is morally wrong. However, did you know that you can also face criminal charges for doing so? If someone accuses you of intentionally or recklessly infecting them with an STD and you are arrested, you...

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What Does No Refusal Mean in Texas?

No Refusal & DWI As you gear up for the rapidly approaching holiday season, keep in mind that Texas’ “no refusal” program is in effect for Fort Worth and Tarrant County during the week of Thanksgiving through January 2, 2018. If you are pulled over under the suspicion of driving...

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Texas Second Chance Bill

Texas Second Chance Bill And Nondisclosures Everyone makes mistakes. Usually, we try and learn from those transgressions and move on. When the mistakes involve breaking the law and result in a criminal record, it is more difficult to move forward in life. That criminal record will impact your life now...

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Why you should fight back against a first-time DWI

Texas has some of the harshest penalties for drunk driving in the country, and even if it is your first offense, you could face serious administrative and criminal consequences. A conviction is never your only option, and you can fight back against a DWI charge and protect yourself with a...

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