Criminal Defense Blog

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  • What Shows Up On a Criminal Background Check?

    You would be hard-pressed to find a job application these days that does not mention the potential-employer’s decision to conduct a criminal background check prior to your hiring. Whether you want to be a part-time cashier or a company executive, employers need to know if you could become a liability due to criminal inclinations of the past; this is especially true for assault and theft ...
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  • How Assault Charges Become Aggravated Assault Charges

    Texas law considers simple assault any action that attempts to physically harm another person, or actually does so. While this is a serious criminal charge that can lead to extensive jail time, high fines paid to the state, and restitution paid to the victim, matters for the accused will be even worse if they are charged with aggravated assault . How does this escalation occur? There are two ...
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  • Voter Trends in Texas May Sway to Marijuana Legalization Next Year

    Support for medical marijuana, and even the legalization of recreational marijuana, in Texas seems to be gaining considerable steam, despite the closing of the November 2016 voting cycle. Proponents of legal uses for cannabis, hemp, and marijuana are hopeful about the future, citing that numerous bills on the ballots are indicative of a growing public interest and awareness. As with other states ...
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  • Texas School Buses Using Cameras to Catch Traffic Violators

    Carrollton and Dallas, Texas are both being targeted by a lawsuit that claims the cities have overstepped their legal boundaries when it comes to civilian surveillance and law enforcement. The lawsuit has stated that both cities have installed illegal traffic cameras on several school buses to monitor drivers in adjacent lanes and catch them in the act of violating traffic laws; in particular, it ...
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  • Texas' Law on Marijuana Possession

    It’s no secret that the national opinion on marijuana is rapidly changing. Each year new states enact bills that legalize the use of medical and recreational marijuana. However, in Texas, it remains illegal to possess, sell, distribute, or cultivate the drug. In fact, Texas is a leading state when it comes to the severity of punishments for drug crimes . The possession of two grams of marijuana ...
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  • Invoking Your 5th Amendment Right to Remain Silent When Pulled Over

    Where is the best place for the police to gather evidence against you after you are pulled over for driving while intoxicated ( DWI ) or any other suspicion of criminal activity ? You might be surprised to find out that it’s you. Many police officers rely on their suspects saying the wrong thing to put them in cuffs. Furthermore, many prosecutors depend on those same statements when it comes to ...
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  • Ignition Interlock Devices & Kombucha: What You Need to Know

    Did you know that a drink may be sold as “non-alcoholic” while still containing low levels of alcohol? While drinks with an alcohol-by-volume (ABV) of below .05% may not affect the average consumer, they can create tremendous problems for drivers who have an ignition interlock device (IID) installed in their vehicles. Kombucha, a tea containing low levels of alcohol, is one such drink and ...
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  • What Is Considered a Felony Crime in Texas?

    Many have heard the term “felony” in crime dramas, books, and news reports when describing an alleged criminal’s heinous acts. But what exactly is a felony, and what makes it so much more serious than any other type of crime? To answer this question, one must first have a basic understanding of the criminal justice system and the way different types of offenses are classified. Infractions vs. ...
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  • Megan’s Law – Effectiveness & Criticisms

    More than two decades ago, 7-year-old Megan Kanka was murdered and sexually assaulted by her neighbor. After discovering that the man who committed the act was a convicted sex offender, Megan’s parents set in motion changes that would come to define the national policy towards sex offenders. Today the collection of laws which require individuals convicted of sexual crimes to register in publically ...
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  • Date Rape: What It Is and How You Can Be Charged

    Different states define the act of rape with various legal terms and in Texas, it is known as sexual assault. The term “date rape” refers to a sexual assault committed by a person that is involved in or potentially involved in a relationship with the victim. Legally, a conviction for cases of sexual assault of any kind, including date rape, typically centers on discussions of consent. If a victim ...
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  • Texas Codifies the Rule of Lenity into Law

    The Rule of Lenity is a legal principle that many people may not know of, however, it can play a critical role in how our courts interpret the law. In the United States, it is the job of the legislature to create laws and the job of the courts to interpret them. While the language of a statute can be straightforward in its application, it is sometimes unclear how a law should apply and thus a ...
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  • Oops She Did it Again, and Again, and Again 60,000 More Times

    On April 12, 2016, a former Massachusetts’ State Chemist was released after serving three years of a three to five-year sentence for faking drug results, forging paperwork and mixing samples at a state lab. In the world of Criminal Justice, both prosecutors and defense attorneys rely on the data collected by such professionals to prove and disprove their cases. State officials have said that ...
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  • An Overview of Texas Drugged Driving (DUID) Laws

    In the state of Texas, it is illegal to operate a motor vehicle while under the influence of prescription or illicit drugs. Driving under the influence of drugs (DUID) is a serious offense that can expose a person to the possibility of harsh legal consequences such as jail time and expensive fines. Since there is no set standard for measuring a person’s intoxication from drugs, unlike alcohol, ...
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  • What to Do If Your Child Has Been Charged with a Drug Crime

    In Texas State, a minor under the age of 17 will typically face a unique criminal justice system, known as the juvenile justice process, when accused of and charged with a crime. One of the most common crimes in juvenile court are drug crimes , such as possession or cultivating marijuana . Although the weight of the justice system is generally lighter upon the shoulders of a minor, the ...
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  • Charges of Assault on Campus

    In recent years, the public eye has been gaining focus on assault and sexual assault cases arising from university and college campuses. While it is clearly beneficial to encourage safe educational institutions and environments, it is equally beneficial to ensure that social stigma and biases do not unfairly damage the reputations and wellbeing of the accused. Other than the usual criminal ...
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