Posted on February 15, 2022 in Criminal Defense

Nobody is perfect. We all make mistakes from time to time, and while some of these mistakes are more serious than others, a poor choice in your past should not prevent you from making better choices in the future. Sometimes, however, a criminal record can keep you from moving forward and getting better opportunities. Getting a great job, applying for a professional license, and even getting approved to live in the apartment community of your choice can all be hampered by a criminal record. If you are wondering whether you may be able to clear your name of past wrongdoing in Texas with the help of an experienced criminal defense attorney, read on. 

Understanding Expunction

Texas distinguishes between two ways of clearing your record and the process you need will depend on your situation. The first way is via expunction. You may be able to have your criminal record expunged of misdemeanor and felony charges if you meet one of the following circumstances: 

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 Posted on February 07, 2022 in Criminal Defense

Individuals in Texas cannot consent to sexual conduct until they reach 17 years of age. In the strict legal sense, anyone younger than that cannot consent to sexual activity with an adult. You may not realize it, but you can be charged with sexual assault against a child if you are an adult who engages in sexual conduct with someone age 16 or younger even if you think that person “consents” to such conduct. In this blog, we will explore the concept of legal consent and how it applies to relationships between two people of close age when one person is below the age of consent. 

What is Legal Consent? 

Everybody knows that rape is wrong. It is against the law. But each state has a law saying that, under a certain age, a young person is not old enough to legally consent to sex even if they want to. In Texas, that age is 17. Texas does not recognize the term “statutory rape,” which is frequently used to describe sex between an adult and a minor who is near the age of consent. Instead, sexual conduct with or without the permission of a child under age 17 is sexual assault of a child. 

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 Posted on January 27, 2022 in Criminal Defense

Nearly every week, we publish blogs covering a variety of topics related to criminal defense. Our goal is to provide readers with helpful information about the types of charges people may face, including in state and federal courts, as well as the potential defense strategies that may be available. Our firm works to protect the rights of defendants and help them resolve criminal cases successfully. We wanted to highlight the most-read blogs from 2021, and we plan to continue covering similar topics in the months and years to come.

1. Can a Parent Face Charges for Leaving a Child Home Alone in Texas? - We look at how Texas law addresses these situations and when parents may be accused of child neglect or charged with offenses such as child abandonment or child endangerment.

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 Posted on January 21, 2022 in Federal Crimes

Gun violence is an ongoing issue in the United States. In many cases, the firearms used in crimes are purchased or acquired in states other than where crimes involving these guns occur. Since Texas is a state that has been identified as a common source of firearms used in other states, dealers or private gun sellers in Texas will need to be aware of possible violations of the law that could result in federal criminal charges.

Federal Crimes Involving the Sale or Transfer of Firearms

Firearms trafficking will typically involve gun diversion in which firearms that are legally purchased are transferred into the possession of people who are not legally allowed to possess firearms or who go on to use these guns when committing a criminal offense. Straw purchasing, in which one person purchases a firearm on behalf of someone else, is one of the most common methods of gun diversion. Guns may also be diverted into illegal markets through private sales by firearm owners or thefts from firearm dealers or sellers.

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 Posted on January 13, 2022 in Criminal Defense

Child custody disputes can be very contentious. When parents get divorced or break up, they may disagree strongly about where their children will live and when they will spend time in each parent’s home. Ongoing conflicts between parents may lead a person to take action to try to keep their children with them or prevent a child from spending time with the other parent. While parents may be aware that attempts to do so may affect child custody proceedings, they may not realize that these actions could potentially lead to criminal charges for kidnapping, child abduction, or interference with child custody.

What Is Interference With Child Custody?

Texas law specifies that taking a child in violation of a child custody order is a criminal offense. This charge may apply if a parent knowingly takes a child under the age of 18 in violation of the terms of a court order, including temporary orders put in place while a couple’s divorce or a suit affecting the parent-child relationship (SAPCR) is pending. In cases where custody has not yet been decided, a parent may face charges if they take a child out of the geographic area where they currently live in an attempt to prevent legal child custody proceedings from taking place. A parent may also be charged with a crime if they take the child out of the United States in order to deprive a parent who is entitled to custody of access to the child. 

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 Posted on December 29, 2021 in Criminal Defense

While all criminal charges can be serious, certain types of offenses can lead to especially harsh sentences that can affect a person for the rest of their life. These include sex crimes, and a person who is convicted of these types of offenses may not only be sentenced to prison and required to pay large fines, but they can face restrictions that affect nearly every aspect of their lives. When a person is required to register as a sex offender, this may limit where they can live, what types of jobs they can hold, their ability to pursue education or obtain loans, and their personal relationships. By understanding when sex offender registration will be required and the restrictions that this will place on a person, a criminal defendant can determine the steps they can take to avoid or minimize the consequences of a conviction.

Reportable Convictions and Adjudications

Sex offender registration is required for anyone who has a “reportable conviction or adjudication,” including those who plan to live in Texas after being convicted of certain sex crimes in another state. Crimes that require sex offender registration include:

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 Posted on December 21, 2021 in Criminal Defense

There are multiple types of controlled substances that are regulated at the state and federal levels, and people who use or sell these drugs without authorization may face criminal charges for drug possession or drug distribution. While most people may think of drug crimes as involving “hard drugs” like heroin, cocaine, or methamphetamines, more and more of these cases are related to prescription opioids. These drugs can be highly addictive and dangerous, and law enforcement officials may investigate and prosecute those who are suspected of issuing illegal prescriptions or engaging in other types of drug trafficking.

Opioid Possession and Distribution Charges

Prescription opioid painkillers have been used for multiple decades, but the use and abuse of these drugs has exploded in recent years. These drugs include:

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 Posted on December 13, 2021 in Criminal Defense

There are a variety of situations where a person may be accused of committing crimes against children. These offenses may be classified into multiple different categories, and many of the most serious offenses involve sexual assault, sexual exploitation, or child abuse. However, a person may also face criminal charges in other situations where they are accused of causing injury to a child. By understanding when these charges may apply and the potential consequences of a conviction, a person can determine their best options for defense.

Texas Charges for Injury to a Child

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 Posted on December 02, 2021 in Federal Crimes

All types of criminal charges should be taken seriously, since a prosecution by law enforcement officials can affect a person’s life, reputation, and career. Federal charges can be especially serious, and prosecutors working for federal government agencies have significant resources to investigate an alleged crime and pursue charges in federal courts. What is more, a conviction of a federal crime will often result in more serious penalties. Wire fraud is one type of federal charge that has become more common in recent years, and those who are accused of committing this type of fraud will want to understand the nature of the crime and the potential consequences they could face if convicted.

What Is Wire Fraud?

Fraud generally involves the theft of money or property that is committed by making false statements, concealing facts, or misrepresenting a person’s identity. Wire fraud may include any forms of fraud that are committed through the use of interstate electronic communications. This includes a variety of criminal activities conducted over the internet, as well as those involving phones, radio, or television. Examples of wire fraud include:

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 Posted on November 30, 2021 in Criminal Defense

Being charged with a crime can have a serious impact on an individual’s life, but when those charges involve accusations of sexual offenses, the penalties for conviction and the impact on the person’s reputation and future can be severe. A conviction for a sexual offense not only affects the individual’s liberty for the duration of their sentence, but it could also mean being required to register with the Texas sex offender registry for the rest of their lives.

Even if a person is acquitted of the charges, there is still often a stigma the person carries with them long after the case has been resolved. It is for these reasons that anyone who is accused of a sexual offense should contact a Plano, TX defense attorney immediately.

Defending Against Sex Crime Accusations

Many individuals who have been accused of committing a sexual offense worry that there is no defense against the charge and that the jury will believe they are guilty no matter what the truth may actually be. While many jury members may feel that people who commit sexual offenses should be punished to the fullest extent of the law, they are also charged with being fair and impartial, promising to listen to all the evidence presented by both the prosecutor and the defense attorney, and only vote a defendant guilty if the prosecutor has proven their case beyond a reasonable doubt.

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