“Intoxicated” in Texas Covers a Lot of Ground
Many states use the phrase “driving under the influence” to describe many charges involving drunk driving and use “driving while intoxicated” to describe other drunk driving charges. Frequently, driving under the influence is a misdemeanor charge and driving while intoxicated is a felony, or at least a more serious charge. In Texas, all charges for […]
Yes, Texas Has Deferred Adjudication for Many Crimes
Texas has a long-standing reputation for being tough on crime. However, it has been a long time since Roy Bean held court from his Jersey Lily Saloon as justice of the peace in Langtry, Texas, and declared himself “The only law West of the Pecos.” And while Bean was given a reputation in the press […]
Arrested? Reasonable Bail is a Right
Except under the most extreme circumstances, both the Texas state constitution and the United States Constitution guarantee the right to reasonable bail to those facing criminal charges. The Eighth Amendment of the U.S. Constitution prohibits “excessive bail,” while Section 11 of the Texas Constitution Bill of Rights guarantees the right to bail by “sufficient sureties,” […]
Charged With Shoplifting? Who Cares?
The short answer is, if you have been arrested for shoplifting, you should care. In this digitally connected age, where pretty much everything about you is online for someone to find, a criminal conviction can be an impediment to achieving the future you want. That includes convictions for crimes you might consider “minor.” Shoplifting in […]
What is a Bench Warrant?
In Texas, as in most states, a bench warrant is an order issued by the court to have an individual arrested. Unlike an arrest warrant – also issued by a judge – that gives police permission to arrest someone and charge them with a particular crime, bench warrants are most frequently issued when someone already […]
Avoid Federal Charges When Protesting
Over the past year or so, a lot of people in a lot of places have been protesting about a lot of things. Those protests have been described as “mostly peaceful,” but some of those protests have included violence. Much of that violence resulted in federal charges. In Portland, OR, where protests went on nightly […]
Take No Chances if You are Charged With a Capital Crime
While the pace of executions has slowed in recent years, Texas is not a good state for facing charges carrying the death penalty. Even during the height of the coronavirus pandemic, Texas executed three people in 2020 – one of only two states to execute anyone that year – and delayed or withdrew eight more […]
Weapons Charges Do Not Have to be Federal
Federal weapons charges are enough of a problem, but Texas law has a number of weapons charges on the books, and they are not limited to guns. Everything from firearms to explosives to body armor and even brass knuckles can result in state law charges in Texas. Some of these statutes mirror federal law, but […]
Texans are Famous for Exercising Their Self-Defense Rights
In legend, at least, Texas is the nation’s most-self-defense friendly state, whether you are defending your person or your home or elsewhere. Many people are familiar with the joke – or maybe it is an apocryphal story? – about The Texan charged with murder who explained to the judge that the person “just needed killing.” […]
Child Pornography Charges Can Ruin Your Life
Child pornography charges – even just the mention of such charges – can easily ruin your life, no conviction necessary. The damage to your reputation, your relationships, even your continued employment, that can be wreaked by child pornography charges can be incalculable. Simply being charged is likely to cause everyone you know and work with […]