Posted on October 21,2021 in Criminal Defense

A Texas couple was recently charged with child neglect after someone called police to request a welfare check be done for the couple’s two children. When police arrived at the couple’s complex, neighbors were able to provide additional information. According to several neighbors, the couple was “regularly under the influence of meth” resulting in the children being without any adult supervision for long periods of time. One neighbor reported on an incident where the couple’s two-year-old child got out of their apartment and was found outside at 3 a.m. The couple has been charged with child neglect and is being held on a $5,000 bond.

While Texas law has a very specific statute regarding child neglect, the determination of what constitutes child neglect can be subjective, especially to members of a jury. For example, leaving an 11-year-old child alone for an hour to run to the store can be considered reasonable by some parents, but other parents may think that the child is too young, and the parent is being neglectful.

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 Posted on October 14,2021 in Criminal Defense

The month of October is designated as National Domestic Violence Month. The goal is to bring awareness of how prevalent the issue of domestic violence is. According to national statistics, 10 percent of the nation’s domestic violence homicides occur right here in Texas. The Texas Council on Family Violence estimates one in three Texans will be a victim of domestic violence during their lifetime.

While there is no doubt domestic violence is a national issue that must be addressed, it is also true that there are many people who are arrested for domestic violence that should not be. False accusations are levied against innocent people for a variety of reasons – as leverage in a divorce or child custody battle, revenge for a romantic breakup, and more. Not only do these false accusations wreak havoc on the lives of those falsely accused, but they also are unfair and hurtful to those who are true victims of domestic abuse.

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 Posted on October 07,2021 in Criminal Defense

As written in a recent prior post, although Texas lawmakers are working on legislation that would change the state’s bail system, the current system does provide options for a person who has been charged with a crime to be released on bail while they are awaiting trial, depending on the circumstances of the crime they have been charged with and their prior criminal record.

But what happens if a defendant who has been released on bail fails to show up for their trial? What are the legal consequences they may be facing?

Operation Washout Silver Bear

Last month, during a one-week operation, the U.S. Marshals Service and the Texas Lone Star Fugitive Task Force worked together with local law enforcement and other agencies and captured 66 people who were wanted for jumping bail. The majority of those arrested were classified by the task force as “violent fugitives and gang members.”

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 Posted on September 27,2021 in Criminal Defense

Last month, Apple announced its new policies and programs in an effort to protect children from people who use electronic communication tools in order to recruit and exploit children to produce and distribute Child Sexual Abuse Material (CSAM). In addition to certain safety features that will be available to parents for monitoring their children’s phones, Apple has also announced it will begin monitoring iCloud photos for child abuse photos and forwarding what they find to authorities.

Scanning Photos

It may come as a surprise to some users, but the majority of cloud services, including Microsoft, Google, and Dropbox, already scan user files for any content that may be illegal or that violates the company’s terms of service. In the past, Apple has refused to participate in this policy, but that is all changing with the recent announcement.

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 Posted on September 21,2021 in Criminal Defense

A major Dallas Police Department data deletion could have a significant impact on many of the department’s criminal cases currently pending. According to information released to the public, the deleted data includes case files, evidence, case notes, videos, and audio recordings. To compound the issue, the Dallas County District Attorney's office did not learn about the issue until months after it occurred.

How Was All the Data Lost?

According to information finally provided to Dallas city officials, an IT worker who was employed by the city accidentally deleted approximately eight terabytes of police data. Officials originally found out about the deletion through media reports or from the District Attorney, who had only recently learned of what had happened. The data deletion occurred in March, but the District Attorney’s Office did not learn of the incident until August when they questioned the police department about why there were missing files in pending cases.

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 Posted on September 15,2021 in Criminal Defense

This month, permitless carry became legal in the state of Texas. Although this means that anyone who legally owns a gun is now allowed to carry it in public without a license, there are still some stipulations to the law that citizens should be aware of in order to avoid any issues with law enforcement and possible criminal charges.

Recent Gun Law History in Texas

In 1995, then-Governor George W. Bush signed the Texas concealed carry law. This law gave Texans the right to carry a licensed gun in public. Almost 20 years later, lawmakers passed the Texas Motorist Protection Act which made it legal for people who do not have a handgun license to keep a weapon in their vehicle. Several years later, laws were passed that allowed open carry and the allowance of guns on state university campuses.

Even with all of those laws passed, Texans were still required to have a handgun license in order to take their guns outside of their homes or their vehicles. However, this new law changes that. For the first time since the United States Reconstruction Era, Texans who legally own a gun can now carry it in public for the first time without a carry license.

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 Posted on September 07,2021 in Criminal Defense

According to data from the Texas Department of Transportation (DOT), pedestrian fatalities account for one in five traffic accident deaths in the state. More than 600 pedestrians are killed each year and at least 1,300 victims are left seriously injured. Unless the driver who struck the pedestrian was committing a crime, such as driving under the influence, the most serious consequence the driver could face was a traffic citation. But a new law that went into effect September 1 changes all that – drivers who hit a pedestrian can now face criminal charges.

The Lisa Torry Smith Act

Under the new law, a driver who hits and injures a pedestrian who is legally using a crosswalk can be charged with a Class A misdemeanor. If the victim suffers serious injuries, the charges can be upgraded to a state jail felony. In addition to pedestrians, the law also applies to victims using bikes, electronic personal assistive mobility devices, golf carts, motor-assisted scooters, and wheelchairs.

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 Posted on August 31,2021 in Criminal Defense

In Texas, if you are arrested for a crime, there are three possible things that could happen while you are awaiting trial, depending on the severity of the crime you are accused of. The judge could order you to stay in jail until your trial, he or she could release you on your own recognizance with the stipulation that you agree you will appear for your trial, or the judge could require the posting of bail so you can be released pending trial. 

In the majority of criminal cases, a defendant is either released on their own recognizance or allowed to post bail so they can be released. However, a new bill in the Texas legislature could make it more difficult for many defendants to post that bail, leaving them to sit in jail until their trial. 

Current Bail System in Texas

The more serious the crime, the higher the bail amount usually is.  That full amount of bail needs to be posted in cash. The amount is often too high for most people to be able to access that amount of cash on their own. In these cases, the defendant can go to a bail bondsmen or bail agency. 

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 Posted on August 26,2021 in Criminal Defense

Under Texas law, if a driver has a blood alcohol concentration level of 0.08 percent or higher, they are considered legally intoxicated. In order to measure that concentration, police will usually take a breathalyzer test at the scene and may request or obtain a warrant for the driver to submit to a blood test for a more accurate reading. It was recently announced, however, that a medical supply company’s recall of test tubes used in the blood tests may put the results of hundreds of DWI blood tests in Texas in jeopardy.

Recalled Test Tubes

In 2019, the manufacturer issued a recall notice for a total of 247,000 test tubes because there was a concern that some of the tubes in that lot were missing preservative powder. The preservative powder is a critical component in the testing process because it is supposed to keep the blood alcohol level from changing before the blood in the tube is finally tested in a lab. In the notice, the company stated that blood alcohol levels could be “either falsely low or falsely high” if the preservative is missing.

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 Posted on August 20,2021 in Criminal Defense

The U.S. Department of Justice (DOJ) recently announced the indictment of a Denton, TX man on federal sex offender registry violations. According to the indictment, in 2011, the man was convicted of assault with intent to commit sexual abuse in Iowa. The conviction also required he register as a sex offender. In early 2020, the man moved to Texas and registered as a sex offender as required, however, he moved back to Iowa a short time later and deregistered in Texas. In October, he moved back to Texas and failed to register again in Texas as required.

The man has pleaded not guilty to the crime and is currently being held until trial. Failing to register can be charged as both a federal or state crime and carry the potential of lengthy prison time and hefty fines.

Sex Offender Registry

In Texas, just as in all states, people who are convicted of certain criminal offenses are required to register with the state's sexual offender registry. This means they have to notify the police department of the town or city they live in of their presence. If they move to another location, they must inform law enforcement.

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