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Recent Blog Posts
What is the Age of Consent in Texas?
The age of consent in the United States is the minimum age at which a person is legally allowed to agree to sexual intercourse and other sexual acts. The specific age ranges state-by-state from 16 to 18 years of age throughout the country.
In Texas, it is 17 years old and applies to both heterosexual and homosexual conduct. This means minors who are 16 years of age or younger in the state cannot legally consent to sexual activity and such an act may lead to statutory rape charges.
Statutory rape is broken into the following criminal offenses in Texas:
- Indecency with a child – This occurs when an adult—who is three years older or more than a minor who is younger than 17 years of age—engages in sexual contact (i.e. sexual touching) with the alleged victim. Indecency with a child is a second degree felony, punishable by a maximum prison sentence of up to 20 years and a maximum fine of $10,000.
- Sexual assault – This involves sexual penetration between an adult who is at least three years older or more and a minor who is younger than 17. Sexual assault is also a second degree felony.
5 Steps to Take When Under Federal Investigation
Whether you received a subpoena or federal authorities knocked on your door, being under federal investigation for an alleged criminal offense can be stressful, confusing, and downright frightening. Despite the fact that you haven’t been formally charged, it is imperative to take certain measures to protect your rights and future.
The following are five steps you should take if you are under federal investigation:
- Hire a lawyer – As soon as you learn about the federal investigation against you, do not wait until you are charged. Instead, get an attorney who is licensed to practice in federal court right away. Your lawyer can help you navigate the complexities of each stage of the investigation, protect your from legal pitfalls, and defend you in court in the event your case reaches trial.
- Remember your rights – Although you are being investigated, your constitutional rights can still protect you. For instance, if federal authorities attempt to enter your property or your office without an arrest or search warrant, you have the right to refuse entrance and refuse to speak unless your lawyer is present.
5 Steps to Take After Being Accused of a Sex Crime
Being falsely accused of a sex crime can cause substantial damage to your professional reputation and personal life—even if you haven’t been found guilty of the offense. The truth is that many people misuse these serious charges to get revenge, gain an upper hand in a family law dispute, or otherwise cause undue harm against another individual.
If you’re accused of a sex crime you didn’t commit, the next steps you take could make the difference between freedom and conviction. Not only is a sex crime in Texas punishable by a lengthy prison sentence and expensive fines, but also be required to register as a sex offender—possibly for the rest of your life.The following are the important steps to take after being falsely accused of a sex crime:
- Seek legal representation – The first step to take is to hire a criminal defense attorney. While many people facing false allegations believe their innocence will be proven at the conclusion of the investigation, or that hiring a lawyer makes them appear guilty. However, an attorney will protect your rights and future, as well as help you avoid getting into further legal trouble.
Do I Have to Register as a Sex Offender in Texas Forever?
In the event of being convicted of a sex crime in Texas, not only will you serve time in prison and pay fines and restitution, but you must also register as a sex offender. The Texas Sex Offender Registration Program was established to provide the public and police with information on each registered offender’s whereabouts and restrict where offenders may live, work, or even visit.
One of the most common questions asked by those facing sex crime charges is, “Does a conviction mean I have to register as a sex offender for the rest of my life?”
The answer: it depends on the specific crime.
According to Texas law, lifetime registration as a sex offender is necessary if you are convicted of the following types of sex crimes:
- Sexual assault and aggravated sexual assault
- Child sex abuse
CBS CEO Ousted After Sexual Harassment Allegations
What if the Accusations Are False?
Rape and sexual assault crimes are no laughing matter but there is a flipside to the #MeToo movement. A percentage of sexual assault allegations are false and there are different motivations behind these false allegations.In the case of a rich celebrity, the motivation can be money. But in the cases of non-celebrities, defendants who are not wealthy, the alleged victim’s motivation can be about seeking attention, jealousy, hatred, revenge, child custody, divorce, or mental instability. Unfortunately, there have always been people who falsely accused someone of rape but in the era of the #MeToo movement, it’s almost become socially acceptable.Are Facing False Allegations?
Are you being falsely accused of a sex crime? If so, you cannot ignore the accusations. If you’re wrongfully convicted, it could lead to fines, imprisonment, restitution, mandatory sex offender registration, and a criminal record. To protect your freedom and your reputation, contact our Plano criminal defense firm immediately.How Mouth Alcohol Affects Breath Testing
Law enforcement commonly uses breath tests (breathalyzers) to determine a suspected drunk driver’s level of intoxication and as evidence in a DWI case. However, these types of tests cannot directly measure BAC since it doesn’t analyze the blood. Instead, they rely on the amount of alcohol particles in a person’s breath when he/she exhales.
Mouth alcohol is a factor that can influence breath tests. It occurs when a small amount of alcohol remains in the mouth or throat, thus contaminating your breath as you blow into the breathalyzer and resulting in a falsely high BAC reading. Although most traces of alcohol are gone within 15 minutes, sometimes alcohol can end up back in the mouth, or something else produces mouth alcohol which throws off the test results.
The following are the most common sources of mouth alcohol:
- Burping or vomiting – A burp can produce enough alcohol back up into the mouth to influence the test results. Law enforcement is required to conduct a 15-minute observation period before using the breathalyzer. During this time, the officer is supposed to watch that you don’t burp, vomit, or even hiccup whatsoever. Yet, sometimes police ignore this step or fail to pay close attention.
Expunction & Record Sealing in TX: Am I Eligible?
Everyone makes mistakes—that’s the way of life. But when past mistakes threaten your future, you deserve an opportunity to fix your mistakes. If your criminal record makes it difficult to find a new job, obtain a professional license, or even apply for an apartment or loan, an experienced criminal defense attorney can help you clear your name.
In Texas, there are two different processes: expunction and record sealing (under an order of nondisclosure). The difference between the two is that expunction results in the destruction of your criminal record, while sealing means only criminal agencies can access it—not the public. Once your record has been expunged or sealed, you do not have to disclose any of that information.
Eligibility for Expunction
Your criminal record may be eligible for expunction if you were arrested for a misdemeanor and felony and:
A Police Search with Your Roommate’s Consent
In most circumstances, a police officer needs a warrant before searching a residence. However, an officer can bypass this little detail if a legal resident of the home agrees to the police search. So what rights do you have if your roommate lets an officer into your home?
The Roommate Scenario
Luckily, your roommate isn’t the same as a family member. Even though you share the same space, there are specific areas and items that belong to each of you individually. A police officer cannot search the private room of someone who is not present to grant consent. So, even if your roommate grants consent to a police offer, any evidence discovered in your private spaces may not hold up in court. This rule also applies to any closed boxes or bags. If they are specifically yours and pointedly closed, then the officer cannot touch them without your explicit consent or a warrant.
It is, however, up to the court to decide if your roommate has the authority to let an officer search your private rooms and items. For example, if you are in a romantic relationship or just happen to share a bedroom with your roommate, then that space is fair game. Luckily, an officer is unable to search your residence without a warrant if you have two roommates and only one grants consent.
Everything You Need to Know About Your Shoplifting Charge
If you are caught shoplifting in Texas, you’ll have to deal with not only an embarrassing social experience, but also significant and overwhelming legal consequences. According to the Texas Penal Code, shoplifting offenses are aggressively judged and punishable as theft.
Shoplifting offenses include:
- Stealing items
- Intentionally writing bad checks
- Altering price tags
Your Charges
The legal penalties for a theft charge increase depending on the value of the stolen merchandise and your prior offenses. Adult shoplifters can also be sued by retailers for actual damages and additional damages up to $1,000. If a child is caught shoplifting, a retailer can sue the parents and guardians for actual damages up to $5,000.
Texas Shoplifting Charges
Class C misdemeanor
- Property value is less than $50
- Punishable by fines up to $500
Class B misdemeanor
When Does Arson Escalate to Attempted Murder?
Intentionally setting a fire may qualify as arson, but when is the charge escalated to attempted murder? Below, we discuss the laws concerning both arson and attempted murder, as well as how the court associates the two crimes.
How Texas Law Defines Arson
Arson is the use of fire or an explosive to destroy property. Defined under Texas Penal Code 28.01, destroying another person’s property, any property within city limits, or any property with a mortgage or insurance policy is a form of arson. Additionally, you can face arson charges if you were reckless in starting the fire; i.e. the fire endangers, or has the opportunity to endanger, another person.
State law generally classifies the crime as a second-degree felony punishable by up to 20 years in prison. If the arson resulted in bodily harm or death, whether intentional or unintentional, the charge escalates to a first-degree felony punishable by life imprisonment, or up to 99 years in prison. If the court finds that the harm or death was intended, you could be charged with arson in conjunction with an attempted murder charge.
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