Kyle Whitaker
OPEN PRACTICE AREAS
Criminal Law

Is There a Penalty for Refusing to Answer Police Questions?

In: Criminal Law

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 [...]

Read More

Are Criminal Records Wiped at 18?

In: Criminal Law

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, [...]

Read More

Is Self-Defense a Violent Crime?

In: Criminal Law

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? [...]

Read More

When Does a Crime Become a Hate Crime in Texas?

In: Criminal Law

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 [...]

Read More

Does Criminal Activity Increase During the Holidays?

In: Criminal Law

The National Crime Victimization Survey of the Census Bureau says that two types of crimes commonly increase in December: robbery and personal theft.

Read More

Is Hemp Flower Legal in Texas?

In: Criminal Law

In August 2021, a Texas appeals court ruled that products made from hemp flowers in other states could be sold in Texas.

Read More

What is the Difference between Class A, B, and C Misdemeanors?

In: Criminal Law

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 [...]

Read More

How Much Can Police Go Through Your Phone When You Are Arrested?

In: Criminal Law

In the vast majority of situations, law enforcement officers must have a legal search warrant to search through the information on a cell phone. [...]

Read More

Are All Police Interrogations Recorded?

In: Criminal Law

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.” [...]

Read More

Stages of Criminal Prosecution in Texas

In: Criminal Law

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 [...]

Read More

New Texas Firearm Laws for 2021

In: Criminal Law

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 a license or mandatory firearm safety training [...]

Read More

Can You Carry a Knife on You in Texas?

In: Criminal Law

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 [...]

Read More

House of Representatives Vote on Marijuana

In: Criminal Law

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[...]

Read More

Were You a Victim of an Illegal Search During a Traffic Stop?

In: Criminal Law

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 [...]

Read More

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[...]

Read MoreDOJ States Spreading Coronavirus Intentionally is Now a Terrorist Act

The DPS stated it does not have enough funding or capacity to handle low-level cases, so they will not be testing these products for THC levels. This means that prosecutors cannot prove whether a substance is illegal marijuana or legalized hemp[...]

Read MoreTX Crime Labs to Look the Other Way on Low-Level Marijuana Cases

The age of the internet has created new opportunities for people to harass or seek revenge on former intimate partners or other parties[...]

Read MoreRevenge Porn in Texas

Texas law sets out many different criminal offenses, several of which involve taking property or money that is not yours[...]

Read MoreHow Texas Defines Theft, Burglary, and Robbery

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[...]

Read MoreTake or Not to Take a Breathalyzer Test?

Knowingly putting someone else at risk of contracting a sexually-transmitted disease (STD) without their knowledge is morally wrong[...]

Read More Infecting Someone with an STD Can be a Crime

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[...]

Read More Social Media Posts Can be Used Against You in a Criminal Case

A theft is considered to be taking property without the consent of the owner with the intent to deprive the owner of the property. What particular charge applies to a theft varies depending on the circumstances and specifics of the situation [...]

Read More Theft and Robbery

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[...]

Read More about What Does No Refusal Mean in Texas?

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[...]

Read More about Texas Second Chance Bill

On behalf of Law Office of Kyle Whitaker posted in criminal defense on Wednesday, January 25, 2017. Texas has some of the harshest penalties for drunk driving in the country, and even if it is[...]

Read More about Why you should fight back against a first-time DWI

How Will Body Cameras Impact Criminal Cases? The rise in national media attention around the ethics of law enforcement has prompted widespread changes in how police departments operate. Among the biggest changes is the rise[...]

Read More about How Will Body Cameras Impact Criminal Cases?

Adderall Convictions Being Overturned A snafu in the Texas legislation is causing Adderall felony cases to be dismissed across the state. Legislation changed what once was a felony possession charge to a misdemeanor while the[...]

Read More about Adderall Convictions Being Overturned