Blog Posts - Criminal law
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...
Continue ReadingWhat 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,...
Continue ReadingWhat if Someone Refuses to Get Out of Their Car When Pulled Over?
Motorists must obey basic commands, but the law in this area is vague. An obscure provision in the Texas Transportation Code, Section 542.501, states that “A person may not willfully fail or refuse to comply with a lawful order or direction of a police officer.” This law is consistent with...
Continue ReadingWhat 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...
Continue ReadingWhat 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 enable them to stay on the right side of the law. The goal of the criminal justice system is not simply to...
Continue ReadingFederal 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...
Continue ReadingCybercrimes 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...
Continue ReadingChanges in Criminal Law: Three Things That Could Impact Your Rights in Texas
With the new year comes some key changes to criminal laws in Texas. At The Law Office of Kyle Whitaker, we provide justice-focused criminal defense representation. Our firm always stays up-to-date on the latest legal/legislative developments that could potentially impact the rights, interests, or options of our clients. Within this...
Continue ReadingWhat 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,...
Continue ReadingBreaking 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...
Continue ReadingExpungement and Record Sealing: Starting Fresh
New laws have created new opportunities for people to move on with their lives. Texas law, unlike the law in many other states, includes multiple criminal records and sealing options. Almost every first-time offender, whether they were convicted of a misdemeanor or felony and whether that offense was violent or...
Continue ReadingWinter 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....
Continue ReadingDomestic Violence Charges: Legal Rights and Defense Options in TX
Everyone has equal rights in American courts. False domestic abuse allegations are on the rise. According to one survey, 10 percent of such allegations were exaggerated or fabricated. This high percentage affects the way judges issue protective orders as well as the defense options available to alleged abusers. Judges no...
Continue ReadingJuvenile 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...
Continue ReadingIs it OK to Talk to Police if I am Innocent of Charges?
Our Fort Worth criminal defense attorneys explain how to handle police encounters and why you need legal help, even if innocent of charges. Otherwise, honest and upright people can easily find themselves on the wrong side of the law in Texas. Even if you are innocent of any wrongdoing, you...
Continue ReadingThe Role and Rights of the Accused in a Criminal Trial
Our Fort Worth criminal defense attorneys explain your rights if you are accused of a crime in Texas and the role you play in building a strong defense. Being accused of a crime in Texas can be a devastating experience. It may cost you your job, your family, your freedom,...
Continue ReadingJuvenile Criminal Defense: Legal Proceedings for Underage Offenders
As all parents and guardians know well, young people get themselves in serious trouble. The Office of Juvenile Justice and Delinquency Prevention (OJJDP) reports that approximately 424,300 arrests of juveniles were made nationwide in 2020 alone. There are specialized rules and procedures in place for juvenile criminal matters. It is...
Continue ReadingViolent Crime Defense: Legal Strategies for Serious Charges
A violent crime is a serious criminal charge. The Texas Department of Public Safety (DPS) explains that the term “violent crime” is defined broadly and includes “murder, forcible rape, robbery, aggravated assault” and other offenses. If you are facing such a charge, your rights, freedom, and future could be at...
Continue ReadingCan 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....
Continue ReadingWhat is the Difference Between Prison, Jail, and Juvie?
There are few things in life more stressful or unnerving than facing a criminal charge. The absolute last thing any person wants to end up facing is time behind bars. Not only confinement is the same. In Texas, there is an important distinction between being in prison and being in...
Continue ReadingTexas Gun Laws: An Analysis From a Fort Worth Criminal Defense Perspective
Texas law allows the open or concealed carrying of firearms in many public places, but a conviction for a violent or nonviolent felony causes you to lose the right to possess firearms. The media stereotype about Texas is that, in the old days, gunfights outside saloons were a regular occurrence...
Continue ReadingHow Criminal Charges Can Affect Your Future Employment in Texas
Were you arrested and/or charged with a crime in North Texas? You are certainly not alone. The Sentencing Project estimates that approximately one-third of Americans have some form of criminal record. A criminal charge is a serious matter. Beyond the immediate implications, a charge can affect your future—including your long-term...
Continue ReadingCriminal Charges Commonly Seen in Fort Worth and How to Fight Them
A Fort Worth criminal defense lawyer can help you fight charges for common offenses such as drug possession, theft, assault, robbery, and burglary. You have probably heard the news about how Fort Worth has one of the highest crime rates in the country. Just because police in Fort Worth make...
Continue ReadingNavigating the Complexities of Criminal Defense A Comprehensive Guide for Defendants in Texas
Were you arrested and charged with a criminal offense? You are far from the only person dealing with that difficult situation. According to data from the Texas Department of Public Safety (DPS), there were more than 740,000 arrests made in the state in 2021 alone. Of course, an arrest is...
Continue ReadingWhat 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...
Continue ReadingNavigating the Legal System With a Fort Worth Texas Assault With Deadly Weapon Attorney Criminal Charges
Are you or a loved one facing a charge of assault with a deadly weapon? It is a very serious offense that carries severe criminal penalties in Texas, including the risk of a lengthy state prison sentence. Of course, a charge is just an allegation. Every person is presumed innocent...
Continue ReadingHow a Fort Worth Violent Crimes Defense Attorney Can Help You Fight Criminal Charges
As defined by the National Institute of Justice, a violent crime is an offense in which “a victim is harmed by or threatened with violence.” All violent criminal allegations are serious matters. Not only do police and prosecutors take these cases especially seriously, but a conviction can carry stiff criminal...
Continue ReadingWere 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...
Continue ReadingWhat Happens During a Consultation With a Criminal Defense Lawyer?
Arrested? Dealing with the aftermath is stressful. You are not alone in going through these challenging times. According to data from the Texas Department of Public Safety (DPS), more than 800,000 people are arrested in the state each year. Following an arrest, you need skilled and proactive legal representation. The...
Continue ReadingWhat are the Penalties for Not Pulling Over for an Officer?
Fleeing and eluding an officer, including not pulling over for a traffic stop, is a class B misdemeanor, punishable by criminal fines of up to $2,000 and a jail sentence of up to 180 days. It makes for a dramatic scene in a movie, or even in a true crime...
Continue ReadingHow Does a Judge Decide How Long Someone is on Parole/Probation?
It is possible for the court to release you from the terms of your parole or probation early if you comply with all the requirements, and the court is sure that you will stay on the right side of the law. No one wishes to be on probation or parole...
Continue ReadingCan 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...
Continue ReadingWhat are the Charges for Assault With a Deadly Weapon?
Under Section 22.02 of the Texas Penal Code, ADW (assault with a deadly weapon) is normally a second-degree felony. Under state law, a deadly weapon is not just a knife or gun. Instead, a deadly weapon could be almost any object that, if used a certain way and in certain...
Continue ReadingCan 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...
Continue ReadingWhat 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...
Continue ReadingWhat are the Penalties for Public Intoxication as a Minor in Texas?
Our Fort Worth criminal law attorney explains how Texas takes a tough stance on underage alcohol-related offenses and the serious penalties in place for the public intoxication of a minor. In previous generations, underage drinking was viewed as a relatively minor offense. When caught with alcohol in their possession or...
Continue ReadingMarijuana 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...
Continue ReadingSocial Media Posts Can Be Used Against You in a Criminal Case
Our Fort Worth criminal defense attorneys explain how social media posts provide evidence in your case and the increasing role social media posts play in securing convictions. For many of us, posting on social media is a daily part of our lives. We post status updates detailing our whereabouts and...
Continue ReadingAs Crime Rates in Fort Worth Increase, Prosecutors Pursuing Convictions
If you are facing criminal charges, our Fort Worth criminal defense attorneys help you avoid a conviction. Crime rates in Fort Worth and throughout Texas have increased dramatically each year. Police and prosecutors are cracking down on alleged offenders, making more arrests and fiercely pursuing convictions. If you are accused...
Continue ReadingCan 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...
Continue ReadingWhat are the Consequences of Public Intoxication in Texas?
For a first offense public intoxication case, the consequences are a $500 fine and a conviction on your permanent record, and for subsequent convictions, you can face jail time. Public intoxication is far from the world’s most serious crime. If authorities really did not want you to be drunk in...
Continue ReadingPolice 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...
Continue ReadingWhat are the Differences Between Misdemeanors and Felonies in TX?
If you or a loved one was charged with a criminal offense in Texas, it is normal to be stressed out and confused—but you are certainly not alone. According to data provided by the Texas State Records, there were more than 530,000 arrests in the state in 2020 alone. The...
Continue ReadingWhen 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...
Continue ReadingHow Can Being a First-Time Offender Affect Your Penalties and Case?
For anyone who’s never had a run-in with the law before, facing a criminal charge for the very first time can be extremely intimidating and terrifying, particularly if they don’t have any idea what to expect. If you are like most first-time offenders, one of your primary concerns is whether...
Continue ReadingWhat is The Consequence of Accidentally Tampering with Evidence in TX?
Evidence serves a crucial role in all criminal cases. This applies to the defense and prosecution since both sides utilize documents, statements, and other physical evidence to challenge false accusations or prove a defendant’s guilt. Because the right pieces of evidence can make or break a case, if an individual...
Continue ReadingAre 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...
Continue ReadingIs There a Penalty for Refusing to Answer Police Questions?
Whether you feel that you can’t simply walk away when the police stop you, or you’ve been imprisoned, detained, or arrested, you are not legally required to answer any questions they ask you. But you can be penalized for refusing to provide the police with your name and other personal...
Continue ReadingAre 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...
Continue ReadingIs 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...
Continue ReadingWhen 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...
Continue ReadingIs 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...
Continue ReadingWhat is the Difference between Class A, B, and C Misdemeanors?
Texas law divides criminal offenses into two main categories - felonies and misdemeanors. Misdemeanor offenses are less severe than felony charges, but they are still matters you should take very seriously. Even if you think your charge is simply a “minor” misdemeanor, you can still face lasting consequences, and you...
Continue ReadingHow Much Can Police Go Through Your Phone When You Are Arrested?
In the vast majority of situations, law enforcement officers must have a legal search warrant to search through the information on a cell phone. The cell phone owner can also give law enforcement officers consent to search through the cell phone, and if this is the case, then a search...
Continue ReadingAre 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...
Continue ReadingStages 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...
Continue ReadingNew 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...
Continue ReadingCan 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...
Continue Reading3 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...
Continue ReadingThe Federal House of Representatives Votes to Decriminalize Marijuana
For the first time, a chamber of the United States Congress held a vote on whether to decriminalize low-level marijuana possession at the federal level, and the bill passed in the House of Representatives. However, this does not mean that marijuana possession is legal - or that any laws regarding...
Continue ReadingWere You a Victim of an Illegal Search During a Traffic Stop?
Many criminal cases begin with a traffic stop. Police officers might pull over a driver suspected of speeding or another traffic violation, and they might end up searching the vehicle. If they find any contraband, such as unlawful drugs or firearms, they can place the driver under arrest. The driver...
Continue ReadingIt Is Now Illegal to Purchase Smokable Hemp Flower at Stores
In 2019, Governor Abbott signed a law that legalized the production, manufacture, and sale of cannabinoids, known as CBD. This is a low-THC cannabis product derived from hemp, which means it does not result in the “high” of marijuana. In Texas, CBD can be produced and sold in a variety...
Continue ReadingTX Jury Trials Have Been Pushed to October Due to New Emergency Order
The COVID-19 pandemic has resulted in many restrictions throughout the State of Texas and the United States in general, and legal proceedings are no different. Specifically, jury trials throughout Texas were suspended until September 1, 2020, and now, the Supreme Court of Texas issued an order extending that date to...
Continue ReadingDOJ States Spreading Coronavirus Intentionally is Now a Terrorist Act
There are increases in different crimes in Texas due to the COVID-19 pandemic, including fraud, shoplifting, violating state safety orders, and more. The Department of Justice (DOJ) recently communicated to all of its U.S. Attorney’s offices that intentionally spreading, attempting to spread, or threatening to spread the novel coronavirus should...
Continue ReadingRevenge 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...
Continue ReadingTake 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...
Continue ReadingInfecting 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...
Continue ReadingSocial Media Posts Can be Used Against You in a Criminal Case
As the internet and social media have become daily parts of our lives, the criminal justice system has adapted to allow evidence from social media sites to be admissible in criminal cases. For this reason, you should always be careful what you post on social media after an arrest. In...
Continue ReadingWhat 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...
Continue ReadingTexas 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...
Continue ReadingWhy 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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