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.

Continue Reading ››

 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. 

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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:

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››