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Recent Blog Posts
Can I End Up in Prison if Someone Else Gives Me Stolen Property?
If you think about someone being charged with theft, you likely imagine that person took something that was not theirs. But did you know that in Texas, you could also face theft-related criminal charges if you did not steal anything but received something stolen by someone else?
Many people mistakenly think that if they did not actively steal anything, they would not get into any legal trouble for the theft. However, if anything that was stolen is found in your possession, you could end up facing serious consequences. A knowledgeable Texas criminal defense lawyer can explain the laws and build a solid defense to protect your rights.
What Does Texas Law Say About Receiving Stolen Property?
According to Texas law, theft is when someone illegally comes to possess something with the intention of depriving its rightful owner of it. If you have something you know was stolen, it is considered theft even if you are not the one who stole it. In such cases, you could face the same theft charges as someone who actively stole the item.
Will I Go to Jail if I Am Caught With a Joint in Texas?
As more and more states move toward marijuana legalization, Texas remains one of the places with some of the strictest drug laws in the country. Even small amounts of marijuana in your possession can end up leading to serious consequences.
You might be surprised to learn that if you are caught with a single joint in Texas, you could face criminal charges, fines, and even jail time. However, the outcome depends on various factors, and a qualified Texas criminal defense lawyer can review your case and build a strategy to defend you effectively.
How Does Texas Handle Marijuana Possession?
Marijuana is classified by state law as a controlled substance, and as such, it is illegal to possess it. There are some exceptions under limited circumstances when medical necessity is considered valid and the Texas Compassionate Use Program applies.
Who is Entitled to Mental Diversion Programs in Texas?
A criminal conviction can have life-long consequences. Even once you have served your time, you could be denied educational, housing, employment, financial, and even romantic opportunities because of your criminal record. However, Texas does offer alternative sentencing and mental diversion programs under certain circumstances and for certain charges. If you are interested in possible alternative sentencing options, speak with a knowledgeable Texas criminal defense lawyer who can review your case and offer guidance.
What Are Mental Diversion Programs?
Mental diversion programs enable some defendants with mental health issues to avoid traditional criminal penalties. Instead of being sentenced to serve time in prison or jail, qualifying defendants have their cases processed in mental health courts, which focus more on rehabilitation than punishment.
How Long Does It Take To Get a Texas Criminal Record Expunged?
Criminal records can have a serious impact on your life, even long after you serve your sentence. Many people find that legal problems from the past can hinder them in the present, particularly when looking for a job, housing, an education, and even a significant other.
Texas law allows for expunction in certain cases, meaning your criminal record can essentially be erased. If your case is eligible for expunction, you likely want to know how long the process will take. To learn more, speak with a qualified Fort Worth, TX criminal defense attorney who can review your case and answer your questions.
How Long Do I Need to Wait Before I Can Request Expunction?
In Texas, even when a record is eligible for expunction, the amount of time you need to wait before you can file for it depends on various factors. Some common situations and their respective waiting periods include:
What Are the Best Defenses to a Texas DWI?
Being charged with DWI in the state of Texas can cause significant anxiety and stress – and with good reason. Penalties for a DWI can be harsh, and the collateral consequences of a conviction can last for many years, making it difficult to secure employment and making automobile insurance prohibitively expensive.
You could even lose your license for an extended period, which can make life more complicated. If you have been charged with DWI, you must choose an experienced Fort Worth, TX DWI attorney so you will have a carefully crafted, comprehensive defense to your charges.
The Top Nine Legal Defenses for Driving While Intoxicated
The defense used by a DWI attorney will be determined by the client’s personal history, whether this is a first or subsequent DWI, and the facts and circumstances surrounding the stop and arrest. Breathalyzers have many flaws that can be used to dispute a BAC reading when this is the only evidence against the defendant. The most common legal DWI defenses include:
Differences in Assault Family Violence and Domestic Violence
While the Texas legal system takes both domestic violence and assault family violence very seriously, there are specific differences between the two offenses, including differences in penalties. Both of these offenses bring their share of collateral consequences, including the social stigma of the charges. Avoiding a conviction is the goal, whether that is accomplished via a plea deal to a lesser charge or having the charges dropped altogether due to lack of evidence or other defenses.
It can be extremely helpful to have a strong legal advocate in your corner if you have been charged with assault family violence, or domestic violence. A Fort Worth, TX criminal defense attorney from The Dameron Law Firm can help ensure you have every legal advantage after being charged with either of these offenses.
How Serious is Resisting or Evading Arrest in Texas?
A month ago in Waco, TX, a woman attempted to resist arrest after being arrested for DWI. The resistance included allegedly kicking an officer in the groin. This occurred after the 28-year-old woman was stopped on suspicion of DWI. After agreeing to a sobriety test, the woman was arrested.
She first "locked" her arms and legs, then was able to free her hands of the handcuffs once placed in the police car. Officers stopped the car and opened the back door to re-handcuff the woman, at which time she continued to pull her arms away and push the officers away. As she was being placed in the police vehicle for the second time, she allegedly kicked an officer in the groin.
The Texas Resisting Arrest, Search, or Transportation statute makes it illegal to forcefully obstruct a police officer from making an arrest. If you have been charged with resisting or evading arrest, contacting a Fort Worth, TX criminal defense attorney from The Dameron Law Firm can be beneficial.
Brownsboro Teacher Faces Felony Charges for Injury to Child
A 39-year-old teacher in Brownsboro, TX is facing felony charges, alleging he intended bodily harm to a seven-year-old in his class when he knocked the child’s desk over. The parents say their child got off the school bus with bruises and a head injury, claiming his teacher "pushed him and hurt him."
An investigator into the incident was shown a video of the teacher interacting with the boy in the presence of three other boys. The video appears to show that the boy "rebelled against requests" to follow classroom rules and was leaning backward in his desk. The teacher then pushed the desk, sending it toppling over and causing the child to hit the back of his head and both elbows.
The parents claim that while the physical injuries to the child have healed, he is "still emotional" about the incident. The teacher was released on a $25,000 bond after being charged with Injury to a Child Intending Bodily Harm. These are serious charges with severe penalties. If you are facing similar charges that could potentially land you in prison for a very long time, speak to a knowledgeable Fort Worth, TX criminal defense attorney from The Dameron Law Firm.
Avoiding Designation as a Habitual or Repeat Offender
Under Texas law, being designated as a habitual or repeat offender can significantly impact sentencing. If you meet this definition, you will face much higher penalties than you would if you had no prior offenses; therefore, you need a strong criminal defense. In some cases, even those with multiple DWI convictions can be designated as habitual or repeat offenders.
The use of habitual and repeat offender enhancements requires that the court ensures the offender meets very specific criteria. On the face of it, a defendant with at least two prior felony convictions who commits a third felony offense could be considered a habitual offender. A repeat offender is one who has one prior felony conviction and commits a second felony. Different scenarios will apply depending on the circumstances surrounding your offenses.
If you are facing designation as a habitual or repeat offender, you should take this very seriously as it could land you in prison for a very long time. Speaking to a knowledgeable Fort Worth, TX criminal defense attorney from The Dameron Law Firm can be extremely beneficial.
Could I Be Charged with a Felony for Drug Possession?
Across the United States, there are 244,000 Americans sent to prison each year for a drug-related crime, and 26 percent of all arrests in the nation are for drug-related offenses. Texas is well-known for its harsh penalties, even for possession of relatively small amounts of a controlled substance. The specific charges and penalties related to drug possession in Texas will depend on the specific drug and what penalty group the drug falls under.
In some cases, you could be charged with a felony offense for possession of less than one gram of a controlled substance. Drugs are categorized into Penalty 1, 1A, 1B, 2, 2A, 3, and 4. Marijuana is in its own separate category. If you are facing felony drug possession charges, it is essential that you contact a Fort Worth, TX drug possession lawyer from The Dameron Law Firm.
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