Posted on November 07,2024 in Criminal Defense

Both federal and local elections were held this week, and one outcome that is making headlines all over Texas is the legalization of small amounts of marijuana in three cities: Dallas, Lockhart, and Bastrop.

Does this mean that police are less likely to pursue marijuana charges outside of these cities? And if you live in Plano, could you just drive 30 minutes south to Dallas to buy weed legally? Our Texas criminal defense attorneys tell you what you need to know about the changes to the law.

Where is Weed Legal in Texas? 

Voters in Dallas, Lockhart, and Bastrop all approved measures decriminalizing the possession of four ounces or less of marijuana. Police in these cities now cannot arrest people or issue misdemeanor citations for possession, and cannot use the small amount of marijuana as probable cause, although there are some exceptions. If someone is being investigated or charged with a felony involving narcotics or violent crime, officers can still pursue marijuana-related charges.

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 Posted on October 31,2024 in Criminal Defense

When one person in Texas causes harm to another unprovoked, that person has usually committed a crime. While any physical harm can lead to criminal charges, the law recognizes distinctions in severity. For instance, a slap to the face may be offensive and provoke anger, but it is far less severe than an injury causing permanent disability.

For this reason, assault charges — and the punishments that come with them — depend heavily on the nature and extent of the injuries inflicted. If you are facing charges of assault, battery, or any other physical attack, you need the help of the aggressive, experienced Texas criminal defense attorneys at The Crowder Law Firm, P.C.. We know your future depends on our work, and we take that seriously.

What is Serious Bodily Injury in Texas?

Every state defines "serious bodily injury" somewhat differently. In Texas, an injury qualifies as "serious bodily injury" when it creates a substantial risk of death, causes death, results in permanent disfigurement, or leads to the long-term loss or impairment of any body part or organ. The specific circumstances of each injury can also be open to interpretation by a jury in a criminal defense case, adding a subjective element to the classification.

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 Posted on October 24,2024 in Criminal Defense

Many people are familiar with the term "breaking and entering," but may not know exactly what it means. It is often loosely used on television shows and in crime novels to describe property crimes, but without specifically providing a definition for the particular crime. In Texas, breaking and entering is not actually the technical term for the crime of wrongly entering someone’s property and stealing something; instead, Texas uses the terms "burglary" and "criminal trespass." However, in Texas, you may also hear people use the term "breaking and entering" and you can generally understand it to mean the same thing as burglary and criminal trespass. Our Plano, TX criminal defense attorneys know how to defend against serious crimes and will fight for your rights. Contact us right away if you have been accused burglary or criminal trespass.

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 Posted on October 10,2024 in Criminal Defense

In Texas, gun laws are strict, and penalties can be severe, especially for convicted felons caught in possession of a firearm. Federal and state laws prohibit anyone convicted of a felony from owning or possessing a gun, and violations can result in serious prison time. If you are facing a firearm charge as a felon, it is important to understand the minimum sentences and how Texas law can impact your case. An experienced Plano, TX criminal defense attorney can provide guidance and fight for your rights.

Texas Law on Felon in Possession of a Firearm

Under Texas Penal Code Section 46.04, it is illegal for someone convicted of a felony to possess a firearm. This law applies to anyone convicted of a crime that carries a potential prison sentence of one year or more. According to Texas law, a felon may not possess a firearm at any time within five years of their release from confinement, parole, or probation. After that five-year period, a felon may only possess a firearm in their home, and not in public.

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 Posted on October 03,2024 in Criminal Defense

If a juvenile steals a car in Texas, the potential consequences depend on several factors, like the value of the car, the circumstances of the theft, and whether the juvenile has a criminal history. Stealing a car is considered auto theft, a form of robbery, which can be charged as either a misdemeanor or a felony. 

In Texas, juveniles involved in car theft might face charges of "unauthorized use of a motor vehicle" or "theft of property," and the severity of the charge can vary. Depending on the situation, the juvenile could be placed in a juvenile detention center, given probation, or even ordered to pay restitution to the car owner. If your child is facing car theft charges, contact a Plano, TX carjacking defense attorney for help right away. Your child’s future is at stake.

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 Posted on September 26,2024 in Criminal Defense

Two separate cases this year illustrate an issue that is becoming more and more frequent: Parents who are implicated in their child’s behavior when that child commits an extreme act of violence. In both of these cases - one in Texas, one in Michigan - a teenager killed people at school using weapons they allegedly had access to because of their parents.

These cases were not the same, nor were their outcomes. In the Texas case, which was a civil case, the parents were not found negligent for allowing their son to access their guns. The Michigan case, however, was a criminal case, and the parents were found criminally liable for giving a gun to their child, who, the prosecutor argued, was clearly a risk to others. The parents were sentenced to at least 10 years in prison.

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 Posted on September 19,2024 in Criminal Defense

An indictment is a formal accusation that someone has committed a crime issued by a grand jury after reviewing evidence that a prosecutor has. Unlike a simple criminal charge, which is typically filed by law enforcement or a prosecutor, an indictment means that a grand jury has determined there is enough evidence to charge someone with a felony formally. 

Indictments are generally required for more serious offenses and help protect people from unjust prosecution. Without an indictment, a person cannot be brought to trial for a felony. If you are facing a felony indictment, contacting an aggressive and experienced Collin County, TX criminal defense attorney is important to protect your rights and build a strong defense.

What Is the Difference Between a Criminal Charge and an Indictment?

A criminal charge and an indictment are related but distinct concepts in the legal process. A criminal charge is an accusation made by law enforcement or prosecutors, typically when someone is first arrested. It does not require a grand jury’s involvement and can be filed based on evidence that the police or prosecutor believe is enough to accuse someone of a crime. On the other hand, an indictment comes after a grand jury reviews the evidence and agrees that there is probable cause to formally charge someone with a felony. 

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 Posted on September 12,2024 in Criminal Defense

A man in Texas is currently scheduled to suffer the death penalty more than twenty years after being convicted of killing his two year old daughter by shaking her. Rights groups say that the evidence shows the man is innocent. We may never know the truth, and Roberson looks likely to suffer the death penalty as a result of his conviction.

Does this mean that all parents who are accused of shaking their babies face the death penalty? What about jail time if the child is not killed but only hurt? This blog will answer some of the most common questions about shaken baby syndrome and the Texas penal system. If you or your partner are facing a serious charge of injuring a child, you need the help of a Texas criminal defense attorney who knows the legal system and understands how crimes against children are treated in Texas.

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 Posted on September 05,2024 in Criminal Defense

Catalytic converter theft in the Dallas, TX area saw more than a 1,000 percent increase over the last few years. More than 1 in 100 vehicles have catalytic converters stolen, and organized criminal groups are largely responsible.

To try to bring this problem under control, Texas has recently increased penalties for catalytic converter theft and is prosecuting those caught with stolen catalytic converters. If you are accused of stealing a car or any of its parts, contact a Plano, TX criminal defense attorney immediately.

New Texas Law Increases Penalties for Stealing Catalytic Converters

In 2023, the Texas Senate passed Senate Bill 224, known as the "Deputy Darren Almendarez Act," aimed at cracking down on the growing issue of catalytic converter theft. This bill, named after a Texas police officer killed in front of his wife in 2022 while trying to stop three men from stealing a catalytic converter from his car, introduces much harsher criminal penalties for stealing catalytic converters.

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 Posted on August 29,2024 in Criminal Defense

A conviction can be devastating, but it does not always mean the end of the road. In some cases, it is possible to overturn a DWI conviction. Whether you can do so in your case depends on various factors, such as the specifics of your case and the strength of your legal defense. 

Overturning a conviction means that the court's original decision is reversed, which can happen through an appeal. It is important to understand that overturning a DWI conviction is challenging, but it is not impossible with the right legal assistance. A Texas DWI defense attorney can give you more information. 

What Are the Odds of Beating a DWI?

The odds of beating a DWI conviction in Texas depend on several factors, including the evidence against you, the quality of your legal representation, and whether any procedural errors occurred during your arrest or trial. While it is difficult to put an exact number on your chances, certain situations can improve your odds. 

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