Posted on May 20,2021 in Federal Crimes

Criminal offenses related to child pornography are treated very seriously by law enforcement officials. In many cases, prosecutors will pursue the most serious charges possible, and in the name of protecting children, they may seek the maximum prison sentences, or they may even ask for additional prison time or other consequences based on the seriousness of the crime. Anyone who has been accused of creating, distributing, or possessing child pornography will need a strong criminal defense attorney on their side to protect their rights and help them defend against criminal charges that could affect their freedom, as well as attacks in the court of public opinion that could affect their reputation.

State and Federal Child Pornography Charges

If a person faces child pornography charges at the state level, the penalties will depend on the specific nature of the crimes and whether a person has previously been convicted. In Texas, possession of child pornography or accessing sexually explicit images or videos of children with the intent to view them on a device such as a computer or cell phone is a third-degree felony for a first offense, and a person may be sentenced to two to 10 years in prison. Distributing child pornography, including publishing, selling, transmitting, or advertising sexually explicit content depicting children, is a second-degree felony for a first offense, and a person may be sentenced to two to 20 years in prison. Creating child pornography through the sexual performance of a child is a second-degree felony, but if the child was under the age of 14, it is a first-degree felony in which a person may be sentenced to five to 99 years in prison.

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 Posted on May 14,2021 in Criminal Defense

Criminal offenses involving controlled substances are taken very seriously by law enforcement officials and prosecutors. Different types of drug crimes may be charged depending on the types and amounts of drugs in a particular case, and the most serious offenses often involve drug trafficking. Those who have been arrested for drug-related offenses will want to understand when they may face these types of serious charges. By working with an experienced criminal defense attorney, they can determine their best options for defending against these charges.

Drug Trafficking Charges

A person may be charged with drug trafficking if they are accused of the following types of offenses:

• Drug manufacturing or delivery - The act of transferring controlled substances to someone else is referred to as “drug delivery,” and it may include selling drugs or offering them for sale. Drug trafficking charges may also apply if a person was involved in producing, preparing, processing, or packaging controlled substances.

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 Posted on May 07,2021 in Criminal Defense

Typically, a person may be charged with a violent crime if they intentionally caused bodily injury or harm to someone else. These cases often involve accusations of assault and battery, robbery, or domestic violence. The most serious types of violent crime charges involve homicide, in which a person is accused of intentionally killing someone else. However, a person may also face criminal charges of manslaughter if they killed someone accidentally or because of recklessness or negligence. This includes situations in which a person was involved in a car accident that led to someone’s death. Those who have been accused of vehicular manslaughter will need to work with a criminal defense attorney to determine how to defend against these charges.

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 Posted on April 27,2021 in Criminal Defense

There are many reasons that a person may be charged with a crime. The potential penalties they may face if convicted will vary depending on the nature of their specific offense and whether they allegedly caused harm to someone else’s person or property. Crimes against children are taken especially seriously by law enforcement. Because children are often seen as innocent victims, an offender will face harsh punishments, including lengthy prison sentences and high fines. Child trafficking is one of the most serious of these types of crimes, and anyone who is accused of committing these types of offenses will want to understand what these charges entail and the potential consequences they could face if convicted.

When Is an Offense Considered Child Trafficking?

“Trafficking” can include a number of activities, and it typically involves transporting, harboring, recruiting, or enticing someone with the intent of forcing them to engage in illegal activities against their will. Child trafficking charges may apply if a person participates in these types of activities with a child under the age of 18 and causes them to engage in or be the victim of offenses such as:

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 Posted on April 20,2021 in Criminal Defense

When one thinks of camping, they likely imagine families on vacation, setting up tents in campgrounds to sleep under the stars. While camping like this is welcomed as a family-friendly activity, there is another form of camping that Governor Greg Abbott and state legislators are looking to eradicate: public camping. Recently, discussions began surrounding whether or not public camping should be considered a crime in Texas.

Addressing Homelessness

Cities have always been a haven for homelessness, as the numerous buildings can provide temporary shelter. Some homeless individuals seek refuge near buildings, while others set up camp in public areas. The topic of homelessness has been under discussion as of late as Austin political leaders have been developing a new strategy to address the area’s struggles with the homeless population. According to the Texas Homeless Network’s annual report, approximately 27,000 Texans experienced homelessness on a single night in 2020. This population is skewed to the Black community, with 37 percent of the homeless population consisting of Black individuals, even though they make up only 13 percent of Texas’ population. 

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 Posted on April 12,2021 in Criminal Defense

As increased awareness of racial discrimination has circulated across the country, many are left wondering whether the words and actions that they are seeing in news reports are considered hate crimes or other types of criminal offenses. Many racial attacks that have occurred over the last several months have been targeted at Asian-Americans, and in many cases, this violence has been in response to the COVID-19 pandemic, with some people falsely blaming Asians for the origin and spread of the virus. In fact, just a few weeks ago, a video was released of a violent attack in an Asian-owned beauty store in Houston. Some may be wondering whether violent crimes of this nature qualify as hate crimes.

Texas Hate Crime Laws Explained

Texas legislators took a strong stand against racial discrimination in 2001 after James Byrd, Jr. was violently killed by white supremacists in 1998. In response to the Black man’s death, previous state senator and now Harris County Commissioner Rodney Ellis pushed for sentencing enhancements for those found guilty of committing a hate crime. In other words, those who commit a hate crime will face increased jail time when compared to other crimes of that same magnitude. In order for an action to be considered a hate crime, one must prove that the person “acted out of bias towards the victim’s perceived color, race, religion, disability, national origin, gender, age, and/or sexual preference.

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 Posted on April 05,2021 in Criminal Defense

When a police officer pulls someone over, they will often be looking to determine whether the driver is under the influence of alcohol or drugs. If an officer suspects that you are driving while intoxicated (DWI), he or she may ask you to submit to a few tests to determine your level of intoxication. But as a Texas driver, are you required to submit to such testing?

Types of Sobriety Tests

There are several different types of tests that police officers may ask a driver to take, including preliminary blood alcohol tests and field sobriety tests that are meant to gauge the driver’s balance, reaction time, and ability to drive safely. These tests may include:

1. Nystagmus: This is often the first field sobriety test that officers will use, since it does not require the driver to get out of the vehicle or use any devices. The officer will place a pen in between the driver’s eyes, asking him or her to follow the pen with their eyes. This measures the driver’s ability to focus and follow directions.

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 Posted on March 29,2021 in Criminal Defense

Domestic violence has been a long-standing epidemic for American women and men, especially for Texans. In the past decade, awareness regarding sexual harassment and assault in the workplace has led to major changes when it comes to employee training and discipline, including for those in positions of power. One Texas legislator, in particular, has made it her priority not to just make these changes in the workplace, but also to help those who are victims in their own homes. In 2018 alone, there were 212,885 victims of family violence in Texas, not including the number of victims who go unreported. While 71.6 percent of these victims were female, men are also victims of domestic violence, but they often let this crime against them fly under the radar. Those guilty of domestic violence should undoubtedly be held accountable for their actions, but if you are facing false accusations, an experienced criminal defense attorney can help.

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 Posted on March 19,2021 in Criminal Defense

Since the Biden administration came into power just two months ago, immigration policies have changed from the previous administration’s “build a wall” mentality. Trump declared a state of emergency at the border at the beginning of 2019 to impose stricter immigration policies and reduce the influx of illegal immigration and crime along the Texas-Mexico border. One of President Biden’s first actions in office was to end this policy and cut the famous Trump administration’s border wall funding. Since then, Texas has seen a sharp increase in unaccompanied minors arriving at the border. Many believe that human traffickers are helping migrants cross the border, and Texas Governor Greg Abbott intends on getting to the bottom of things.

Increasing Security to Protect Children

This past week, Gov. Abbott referred to the recent influx of unaccompanied minors along the Texas-Mexico border as a “humanitarian crisis.” These migrant numbers have increased so much that the Dallas convention center is being converted into a temporary shelter for these children. The converted convention center housing thousands of migrant children will allow these young kids and teens to socialize and exercise after experiencing incredible trauma. The governor requested access for the Texas Department of Public Safety officers to the children so that they can interview the kids about their experiences and try to identify human traffickers. Gov. Abbott is adamant in obtaining this information so that “America can combat these human traffickers and prevent other children from being victimized.” 

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 Posted on March 15,2021 in Criminal Defense

Drug trafficking is never a one-man operation. In some cases, the drug sales may be moving locally across various hands while in others the drug trafficking operation can span across the globe. A federal grand jury in the Eastern District of Texas indicted eight individuals for their illicit involvement in an international drug trafficking conspiracy. Only one of the people involved is actually from Texas despite the case happening in a Texas court. So why is the case taking place in the Lone Star State and what are the charges being made?

Texas As Home Base

Eight individuals, including 40-year-old Carlos Villaurrutia of McAllen, Texas, were charged with conspiracies to manufacture and distribute cocaine, commit money laundering, commit wire fraud, commit export violations, and commit federal registration violations involving an aircraft. According to the indictment, these eight people have been involved in approximately $350 million in alleged criminal offenses over the past five years. 

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