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.

Criminal Charges Related to Child Prostitution

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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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 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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