Peaceful protest is a time-honored tradition in the United States, far more than in most countries. People do not get arrested for peaceful protests in this country. Sometimes they cross legal lines – trespassing, vandalism, assault, and other crimes that go beyond peacefully advocating a point of view – but protesters in such circumstances are…
Kidnapping is famously a federal crime. The Federal Bureau of Investigation always shows up when a suspected kidnapping takes place, starting with the kidnapping of Charles Lindbergh’s toddler son in 1932, even though kidnapping at that point was not a federal crime. Congress passed a law that same year making kidnapping a federal matter, and…
In Texas, as in the rest of the United States, attempting to commit a crime is itself a crime. The attempt is not as serious as actually committing the crime, but it still can put you in a world of trouble. For instance, attempted shoplifting is a crime, but it will be even less serious…
Anyone who has ever read the United States Constitution knows that the Fourth Amendment, part of the Bill of Rights, bans “unreasonable searches and seizures.” Anyone who has ever watched a police or legal show on television knows that police need a warrant to make a search. That is, in fact, the way the system…
If you are arrested and charged with a misdemeanor, it is easy to dismiss it as “just a misdemeanor.” That would be a mistake. Yes, even the least serious felonies carry more serious penalties than any misdemeanor, but that does not diminish the seriousness of what conviction of a misdemeanor can bring. I can potentially…
They say that breaking up is hard to do, and that is particularly true when it comes to your criminal records, especially if you live in Texas. Only five states have no law that allows people to have criminal records expunged or sealed. 14 states have laws permitting the expungement, sealing, or setting aside of…
You cannot get out of a criminal charge – even a minor criminal charge – by simply skipping your court date. This applies to any preliminary court dates as well as your scheduled trial date. If you fail to appear in court when the court says you are required to appear, you can quickly find…
Texas has a reputation as a state that is hard on criminals. Much of that reputation is derived from days gone by when frontier justice prevailed, but much of it is well-deserved. In many respects, Texas law takes a dim view of law-breakers and treats them harshly. It seems likely that there is no other…
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,”…
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…
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