Posted on August 13,2021 in Criminal Defense

According to statistics from the United Nations Office on Drugs and Crime, the state of Texas has the second-highest rate of human trafficking in the country. Texas lawmakers have just passed a new bill that takes aim at human trafficking, making it a state felony offense for buying sex instead of a misdemeanor offense under the current law. Texas is the first state in the nation to elevate these charges.  

The New Law: HB 1540

According to a report prepared by the Statewide Human Trafficking Mapping Project of Texas, there are more than 300,000 victims of human trafficking just in the state of Texas. Almost 80,000 of those victims are minors. The report found that sex trafficking of minors reaps approximately $600 million for traffickers, while the consequences of trafficking minors cost the state of Texas about $6.6 billion each year.

Historically, state criminal justice systems – including Texas – have treated prostitutes as criminals, often harsher than the traffickers or buyers. Studies show that many prostitutes are actually victims of human trafficking who have been forced into the sex trade. Instead of criminal charges, convictions, and jail, advocates argue that these victims should be given protection, mental health treatment, and assistance in finding jobs, education, and housing.

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 Posted on July 30,2021 in Criminal Defense

Any time a person is charged with physical or sexual abuse of a child, the consequences can be severe. However, if the alleged offender is subject to a protective order at the time, they may face an additional layer of criminal penalties. If you are the subject of a protective order, or if you have been charged with violating a protective order, a criminal defense attorney can help you understand what is at stake and advise you on how to proceed.

Types of Protective Orders

Texas courts may issue protective orders in response to a variety of situations in which a person has allegedly been a victim of abuse. One common reason for a protective order is an act of family violence, which may include child abuse and other acts that cause or threaten physical harm or sexual assault toward a member of one’s household. Protective orders may also be issued in response to various forms of abuse toward someone outside of one’s household, including sexual abuse or indecency with a child, sexual assault, stalking, and human trafficking.

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 Posted on July 27,2021 in Criminal Defense

A person who is accused of committing crimes against children will often struggle to defend against these types of criminal charges. In addition to facing prosecution by law enforcement officials, a person’s reputation and standing in the community may be damaged. In these situations, a person will need to understand the nature of the specific charges they have been accused of. It can sometimes be difficult to distinguish between charges such as injury to a child and child endangerment, but with the help of a criminal defense lawyer, a person can determine how these charges may apply in their situation while also creating an effective defense strategy.

Charges Involving Child Injuries and Risky Situations

The offense of injury to a child may apply in situations where a person intentionally, knowingly, or recklessly caused a child who was 14 years old or younger to suffer a bodily injury or a serious mental deficiency or impairment. If a person intentionally or knowingly caused a child to suffer a serious bodily injury that put them at risk of death, permanent disfigurement, loss of a limb or organ, or a serious mental impairment, they may be charged with a first-degree felony. If a person caused a serious bodily injury or a serious mental impairment by acting recklessly, meaning that they were aware of a substantial risk of injury but disregarded these risks, they may be charged with a second-degree felony.

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 Posted on July 15,2021 in Criminal Defense

In the 21st century, most people use computers, electronic devices, and the internet on a daily basis for multiple types of personal and professional purposes. There are many ways someone’s personal or financial information may be exposed to others online, and the illegal access or misuse of this information could potentially lead to fraud charges. There are multiple offenses that are considered internet crimes, and those who have been accused of this type of activity will need to understand when an offense could lead to federal criminal charges, which may result in more serious penalties.

Federal Computer Fraud Offenses

Fraud may be charged as a state-level offense based on the laws in the state where the alleged offender or the person who was the alleged victim of fraud lived. However, federal charges for computer or internet crimes may apply if a person is accused of violating federal laws or if an alleged offense affected people in multiple states or countries or involved interstate or international commerce. Some cybercrimes that could potentially lead to federal fraud charges include:

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 Posted on July 08,2021 in Criminal Defense

There are many different types of situations where a person may be charged with crimes against children, and these cases can not only lead to serious criminal penalties, but they can also affect a parent’s custody of their children. Kidnapping is one offense that is not always fully understood by the general public. Rather than “stranger danger” situations in which a person snatches a child off the street, many of these cases involve a child’s parent or another relative holding or transporting a child without authorization. People who are involved in these types of situations will want to understand how the laws define kidnapping and unlawful restraint of children and the potential penalties they could face for these offenses.

Kidnapping and Unlawful Restraint in Texas

The offense of kidnapping involves the intentional abduction of a person in which they are kept or hidden in a place where they are unlikely to be found by others or when the offender uses or threatens to use deadly force. This offense is a third-degree felony. A person who is convicted kidnapping may be imprisoned for 2 to 10 years and fined up to $10,000. However, a person who is accused of kidnapping a child may defend against these charges by demonstrating that they did not intend to use deadly force, that they are a relative of the child who was allegedly abducted (such as a parent, grandparent, aunt, uncle, or sibling, including those who are related to a child through marriage or adoption), and that their actions were meant to allow them to maintain “lawful control” of the child.

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 Posted on June 25,2021 in Criminal Defense

The state of Texas is known as one of the most gun-friendly parts of the United States. The state’s lawmakers have emphatically stated their support for citizens’ Second Amendment rights. Even though many people have called for increased gun control to prevent firearm deaths, including those in mass shootings such as the incidents that took place in El Paso and Midland in 2019, Texas has taken steps to allow more people to own and carry firearms. While the passage of a new law has lifted some restrictions, Texans should be sure to understand their rights so they can avoid potential weapons charges.

“Constitutional Carry” of Firearms

On June 16, 2021, Texas Governor Greg Abbott signed a new bill into law that will allow people in the state to purchase and own handguns without the need to obtain a license, and these weapons may be carried without the requirement to obtain a permit. This law eliminates the previous requirements that applied to gun owners, including submitting fingerprints, completing four to six hours of training, passing a written test, and demonstrating proficiency with shooting firearms. The new law goes into effect on September 1, 2021.

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 Posted on June 18,2021 in Criminal Defense

Originally published: May 4, 2017 -- Updated: June 18, 2021

UPDATE: Over the past several years, more attention has been paid to police raids, especially in cases involving “no-knock” warrants that allow police officers to enter a home without providing a warning to the people inside. The case of Breonna Taylor, a woman in Louisville, Kentucky who was shot and killed by police officers during this type of raid, has led many to call for a ban on these types of warrants. Activists have noted many other similar incidents in which both suspects and police officers have been injured or killed during no-knock raids.

The Texas legislature is currently considering a law that would place some restrictions on no-knock warrants. “Breonna’s Law,” which was recently introduced in the Texas House of Representatives, would limit no-knock warrants to cases involving violent offenders and situations where warning a building’s inhabitants before entering would either endanger someone’s life or lead to the destruction of evidence. It would also require police officers to wear recognizable uniforms, clearly identify themselves, and use body cameras, and the hours when no-knock raids can be conducted would be limited to between 6:00 am and 10:00 pm.

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 Posted on June 11,2021 in Federal Crimes

The laws surrounding marijuana in the United States have been in flux over the past decade. Multiple states have made marijuana legal for both medical and recreational use. Others have decriminalized possession of small amounts of the drug, meaning that people will usually face civil infractions rather than criminal penalties. However, marijuana is still considered a Schedule I controlled substance by the federal government, and there are some situations where a person may be charged with federal crimes if they are accused of possessing, distributing, selling, or transporting this drug.

Federal Charges Related to Marijuana

Technically, possession of marijuana is a federal offense. “Simple” possession involves a person knowingly and intentionally carrying a drug on their person, transporting it in their vehicle, or storing it in their place of residence unless they have a valid prescription for the substance from a medical provider. A conviction for simple possession can result in a sentence of up to one year in a federal prison, as well as a minimum fine of $1,000.

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 Posted on June 04,2021 in Criminal Defense

Even though is it commonly known as the “world’s oldest profession,” prostitution is a crime in most of the United States, including the state of Texas. Those who sell sex for money and those who pay others for sexual intercourse or other sexual activities can face criminal charges. While prostitution and solicitation are usually charged as misdemeanors, charges related to prostitution become much more serious if minors are involved. As with other types of crimes against children, prosecutors are likely to “throw the book” at those who have allegedly forced or encouraged minors to engage in prostitution. Defendants who have been charged with these types of crimes will need to secure representation from an attorney who can help them understand how the laws apply to their case and how they can build an effective defense strategy.

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 Posted on May 27,2021 in Federal Crimes

Some types of criminal charges involve offenses committed directly by one person against someone else, such as assault or robbery. Other offenses are considered to be “white collar crimes,” and they often involve fraud or financial manipulation. Money laundering is one such offense, and it involves the attempt to conceal the source of money that was earned or obtained illegally.

While money laundering may be charged as a state-level offense, it will often be prosecuted as a federal crime. Those who may potentially face these types of charges will want to understand when prosecutors may pursue federal charges and the potential penalties that may apply if they are convicted.

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