Posted on July 14, 2023 in Criminal Defense

Drunk driving can be very dangerous, and when drivers are under the influence of alcohol or drugs, they are more likely to cause accidents that may result in serious injuries and extensive property damage. Because of these dangers, the laws prohibiting intoxicated driving are strictly enforced. Driving while intoxicated (DWI) is a serious offense in Texas, with severe consequences for those who are convicted. However, if a child is present as a passenger in a vehicle operated by an intoxicated driver, the charges and penalties can become even more severe. People who have been arrested for drunk driving will need to understand the legal implications of Texas DWI charges involving a child passenger.

Child Endangerment Laws in Texas

Texas has specific laws in place to protect children from being exposed to dangerous situations, including cases where a child is in a vehicle operated by an intoxicated driver. According to Texas Penal Code Section 49.045, a person can be charged with the offense of Driving While Intoxicated With Child Passenger if they were operating a vehicle while under the influence of an intoxicating substance, and there was a child under the age of 15 in the vehicle at the time of the offense.

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 Posted on July 06, 2023 in Criminal Defense

Child molestation is a serious offense that is met with severe penalties in the state of Texas. Child molestation is also known as child sex abuse, and it generally refers to any sexual act or sexual contact with a child under the age of 17. In order to protect the well-being of children, the Texas legal system imposes strict punishments on individuals found guilty of child molestation.

What Constitutes Child Molestation in Texas?

In Texas, child molestation is covered under various criminal statutes, including those related to child sexual assault, indecency with a child, and continuous sexual abuse of a young child or children. These statutes define specific acts that are considered child molestation, such as:

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 Posted on June 27, 2023 in Criminal Defense

Burglary and criminal trespass are two closely related - but distinct - crimes. Of the two, burglary is considered quite a bit more serious. Burglary is a felony, while criminal trespass can be charged as a misdemeanor. Both crimes involve unlawfully entering another party’s property in some way, but there are a few key differences. If you are facing either charge, it is important that you understand the seriousness of the situation. You could face jail time for either offense. If you are charged with burglary, you face more than a year in prison. The maximum sentence for burglary is 20 years. Criminal trespass carries less than a year in jail in most cases, but probation is a possibility. With either charge, it is essential to find a good criminal defense lawyer. The Crowder Law Firm, P.C. is highly experienced in helping those charged with burglary, trespass, and other property crimes. 

How Burglary and Criminal Trespass Differ in Texas 

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 Posted on June 13, 2023 in Criminal Defense

In a digital age where people use smartphones and other electronic devices constantly, "sexting" has become more common. People may exchange sexually explicit messages, photographs, videos, and other material through text messages, email, or social media. However, when minors engage in these activities, they could potentially face criminal charges, and if explicit photos or videos are sent to multiple people, this could even result in accusations related to the possession or distribution of child pornography. By understanding the legal consequences of sexting, parents and children can address concerns about these issues and determine what steps can be taken to address any accusations of criminal offenses.

Laws Addressing the Transmission of Visual Material Depicting Minors

In some cases, teenagers may make the mistake of sending sexually explicit messages and images of themselves or others without being fully aware of the consequences. These actions may start out as consensual activities between couples who are dating, but images or videos may be shared with others, and they could potentially be used to bully, harass, or threaten a child who is depicted. To address this issue and prevent explicit materials from being used inappropriately, Texas law has outlined situations where these actions may be considered crimes.

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 Posted on June 07, 2023 in Criminal Defense

True crime stories have been very popular in recent years. The details of murder cases and other real-life incidents involving criminal investigations and prosecutions can be fascinating. In addition to providing insight into why people commit crimes, these stories can demonstrate how the legal process works and the strategies that criminal defense attorneys may be able to use to help clients avoid convictions. One recent true crime series that was created by HBO, Love and Death, detailed the story of accused murderer Candy Montgomery, who was represented by Don Crowder, the father-in-law of our founding attorney, Darlina Crowder.

Don Crowder’s Defense of Candy Montgomery in Collin County

In 1980, Candy Montgomery, a 30-year-old housewife and mother living in Wylie, Texas, was charged with the murder of Betty Gore. Mrs. Montgomery had been having an affair with Mrs. Gore’s husband, Allan Gore, and although they had ended their relationship, their families were still friendly with each other due to their participation in their church and their children going to school together. On June 13, 1980, Mrs. Gore reportedly confronted Mrs. Montgomery about the affair, and this led to Mrs. Montgomery killing Mrs. Gore with an ax.

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 Posted on May 26, 2023 in Criminal Defense

Criminal charges related to controlled substances can be very serious. Those accused of possessing, selling, or distributing these substances may be charged with drug crimes, and they may face harsh penalties if convicted. While many drug crimes are charged at the state level, there are some situations where people involved in these cases may face federal drug trafficking charges. By understanding the activities that could potentially lead to federal charges and working with an attorney who has experience defending clients in federal courts, alleged offenders can take steps to defend themselves.

Actions and Offenses Related to Drug Trafficking

The laws of the United States make it illegal to distribute, manufacture, or possess with the intent to distribute or manufacture controlled substances. There are a number of reasons people may be accused of violating these laws, including:

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 Posted on May 19, 2023 in Criminal Defense

Over the past few decades, several high-profile cases have involved inappropriate relationships between teachers and students. In Texas, there are laws that specifically prohibit these types of relationships, and teachers who have sex with students or otherwise engage in sexual conduct involving minors may face criminal charges. However, there may be some confusion about whether these prohibitions extend to other types of educators or people who work at a school. By understanding who is covered by these laws and when a person may face accusations of crimes against children, those who could potentially face criminal charges can be prepared to defend themselves should the need arise.

Laws That Affect Relationships Between Educators and Students

The Texas Penal Code defines an offense known as "improper relationship between educator and student," making it a crime for a teacher or other educator to engage in sexual intercourse or sexual conduct with a student at a school where they work. Specifically, the law prohibits these types of relationships with students at elementary schools and high schools, regardless of whether a school is public or private. Notably, college students are not covered by this law, although if a professor or other employee at a college engages in sexual conduct with a student who is younger than 17 years old, they could potentially be charged with an offense such as sexual assault of a child or indecency with a child.

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 Posted on May 15, 2023 in Criminal Defense

Offenses that are classified under the category of white-collar crimes may seem to be less serious than some other types of criminal charges. These crimes are usually of a financial nature, and they may not involve any direct contact between an alleged offender and the alleged victim(s). Unlike violent crimes or sex crimes, they usually will not result in physical harm. However, because white-collar crimes may lead to significant financial losses for individuals, financial institutions, or other businesses or organizations, they are taken very seriously by law enforcement, and in some cases, those who are accused of these offenses may face federal charges.

Financial Crimes and Other Related Federal Offenses

When white-collar crimes occur at a smaller scale, affecting a limited number of people or taking place within a specific geographical area, they may be limited to state-level charges. However, larger-scale offenses that affected people in several states or involved the transfer of money across international borders are more likely to be prosecuted at the federal level. "Interstate or foreign commerce" is a key element in many of these cases, and federal officials may prosecute people for offenses that allegedly involve the movement of money or assets throughout several states or countries.

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 Posted on May 04, 2023 in Criminal Defense

The circumstances surrounding a charge of driving while intoxicated (DWI) can vary significantly. While DWI is a serious criminal offense, first-time offenders will usually be charged with a Class B misdemeanor. They will be required to serve a minimum sentence of 72 hours in jail, and the maximum sentence is 180 days (six months). They may also be fined up to $2,000, and their driver's license may be suspended for up to two years. The penalties can increase significantly if a person faces DWI charges for a second or subsequent time, and other aggravating factors may also cause DWI to be charged as a felony, regardless of previous offenses. These include the injury or death of someone due to drunk or intoxicated driving. By understanding the penalties for these offenses, those who have been arrested and charged with crimes can determine their best options for defense.

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 Posted on April 26, 2023 in Criminal Defense

Originally published: May 31, 2022 -- Updated: April 25, 2023

Update: As noted below, people who grow marijuana plants may be charged with drug possession, and they could potentially face serious penalties based on the amount of marijuana in their possession. However, those who cultivate marijuana may also be charged with possession with intent to distribute, especially if other factors indicate that a person intended to sell or deliver marijuana to others.

In some cases, a search conducted by police officers or other state or federal law enforcement officials may find items that could be used to package and distribute drugs to others, such as scales or baggies, or witnesses may state that they observed the person accepting payments in exchange for marijuana. These factors may cause an offense to be elevated from drug possession to drug delivery, and in some cases, a person may even face charges of drug trafficking.

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