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Recent Blog Posts
When Is Theft or Shoplifting Charged as a Felony in Texas?
There are a variety of offenses that can result in criminal charges in Texas, and some of the most common cases involve accusations of theft. While some cases, such as those in which a person is accused of shoplifting, may seem to be minor, any criminal charge should be taken seriously, since a person may face severe fines, imprisonment, and a tarnished record. As a person accused of theft, your future, your career, and your personal life could all be at stake. Depending on the value of the goods or services that were allegedly stolen, Texas law may classify theft and shoplifting charges as felonies.
Felony Theft Charges
In Texas, criminal offenses may be classified as misdemeanors or felonies. A misdemeanor is considered to be a less serious crime that is punishable by up to one year of imprisonment, while a felony is a serious crime that is typically punishable by more than two years in prison. Texas law defines theft as the appropriation of someone else’s money or property without their consent and with the intent of depriving the owner of the ability to possess and use property that is rightfully theirs.
Are You Automatically Convicted of DWI if You Fail a Breathalyzer in Texas?
While each case is different, most DWI arrests follow a predictable pattern: The driver sees red and blue flashing lights in his or her rearview mirror and pulls to the side of the road. Police request his or her license and insurance and ask a series of questions. Usually, one of these questions is, "Have you been drinking?"
If the driver answers affirmatively or the police officer suspects that the driver has consumed alcohol, the officer conducts a Driving While Intoxicated investigation. If the driver is arrested for driving while intoxicated (DWI) the driver will be asked to provide a sample of breath or blood.
Many people who have failed a breath test have questions about what happens next. They wonder whether they will automatically be convicted of DWI or if there is any way to fight the charge.
Fighting a DWI Charge with a Failed Breath Alcohol Test
What Happens If Police Catch You Driving While High on Marijuana?
Many states have legalized or decriminalized the use of marijuana or cannabis. However, possession, sale, and cultivation of marijuana remain illegal in Texas - save for specific medical exceptions. It is also strictly against Texas law to drive while under the influence of cannabis.
Driving after smoking or otherwise consuming a marijuana product can lead to charges for driving while intoxicated (DWI). If an individual has cannabis inside the vehicle, he or she can face additional charges for drug possession.
If you or someone you care about has been charged with DWI involving marijuana or another marijuana-related offense, do not make the mistake of underestimating the seriousness of the situation. These offenses can lead to jail time, steep fees, and irreparable damage to your personal and professional reputation. Contact a criminal defense lawyer for help defending yourself against the charges.
What You Should Know About Active and Constructive Drug Possession in Texas
When people think of criminal offenses related to drug possession, they often only consider one type of possession: active possession. But there is another type of drug possession that you should be aware of called constructive possession. Understanding the differences between active and constructive drug possession can help you understand your legal rights in the event that you are charged with a drug crime. In this blog, we will take a closer look at active and constructive drug possession in the context of a drug possession case.
What Is Active Drug Possession?
Active drug possession means that an individual has physical control over or immediate access to a drug or controlled substance. It is considered the most common form of drug possession. For example, if the police search your backpack and find drugs in the side pocket, you would likely be charged with active possession because you had physical control over those drugs.
Can the Police Search My Car for Drugs Anytime They Want?
In recent years, there has been a great deal of public debate about the power and authority given to police officers in various situations. Among these concerns is the issue of conducting a search for controlled substances and illicit drugs.
The Fourth Amendment to the United States Constitution promises American citizens the right to be free from “unreasonable searches and seizures” of their homes, papers, effects, and persons. The same amendment also specifies that all warrants must be based on probable cause, and they must describe in detail “the place to be searched and the persons or things to be seized.” If you are facing charges based on evidence found during an illegal or unreasonable search, an experienced criminal defense attorney may be able to get the case against you dismissed.
Consent Supersedes Everything Else
How Do Field Sobriety Tests Affect DWI Cases in Texas?
If a person is pulled over on suspicion of driving while intoxicated (DWI) in the state of Texas, there is a good chance that they will be asked to take field sobriety tests. These tests will involve certain types of physical tasks that are meant to help determine a driver's level of impairment and whether they have been drinking alcohol or have used other substances that have affected their ability to operate a vehicle safely. It is important to understand the role that field sobriety tests will play in a DWI case, including their purpose, their validity, and when they can be refused.
Understanding Field Sobriety Tests
When a police officer pulls a driver over because they believe the person may be intoxicated, they will observe the person and look for a reason to perform an arrest. To establish probable cause, or a strong belief that a person has violated the law, the officer may ask the driver to submit to field sobriety tests. These tests are designed to measure an individual’s physical coordination and their ability to follow instructions.
New Law for 2023 Makes Changes to Texas Protective Order Registry
Every year, the Texas legislature and the federal government pass new laws, and in many cases, these laws go into effect on January 1 of the following year. Keeping abreast of changes to the law is not always easy, but in some cases, it can be important to understand how these changes may affect the lives of regular people. One law that recently went into effect involved the Protective Order Registry of Texas (PROTECT), which is a database of orders of protection that are issued in cases involving domestic violence and some other types of crimes.
What Is the Protective Order Registry of Texas?
In 2019, the Texas legislature passed a bill known as "Monica's Law," which was named after a woman who was murdered by an ex-boyfriend. In this case, the ex-boyfriend had a history of domestic abuse, and he had previously had protective orders issued against him. However, law enforcement officials in the county where the murder occurred did not have access to information about the previous protective orders, and they did not respond appropriately to help prevent violence from occurring.
New Report Reveals Top Crimes Charged in Tarrant County in 2022
Despite what the news would have people believe, crime has been on a downward trend in the United States in recent years. Fewer crimes are being committed, fewer arrests are made by law enforcement, and fewer people are convicted of criminal offenses. However, this does not mean that crime has been completely eradicated or that those who commit crimes will go unpunished. In Tarrant County alone, tens of thousands of people are arrested and charged with crimes each year. Recently, the Tarrant County Criminal District Attorney released a report detailing some statistics related to crimes that were prosecuted over the past year. This report provides an indication of the types of offenses that are most likely to lead to arrests and criminal charges. Those who are facing these or other charges can seek representation from a skilled criminal defense attorney to determine the best approach to take during their cases.
Craig Dameron Recognized as a Top Attorney by Fort Worth Magazine 2022
The Dameron Law Firm is pleased to announce that attorney, Craig Dameron, has been named a Top Attorney in the field of criminal defense for 2022 by Fort Worth Magazine. The magazine works to create a comprehensive list of the best attorneys in the area each year, receiving nominations from people in the legal field and reviewing these nominations to ensure that the attorneys recognized meet high standards and can provide quality legal services to clients. This is the seventh year in a row that Mr. Dameron has been recognized as a Top Attorney, demonstrating that he can provide excellent legal representation in criminal defense matters.
Why Craig Dameron Is a Top Attorney in the Field of Criminal Defense
Attorney Dameron understands the problems faced by those who have been arrested and charged with criminal offenses. People in this position are often forced into a frightening, unfamiliar situation. They may worry that if they say or do the wrong thing during their case, they could face serious consequences such as fines, the loss of a driver's license, restrictions on where they can go and what they can do, or even jail time. People in this situation need a compassionate advocate who can guide them through the legal process, help them understand what to expect, and fight to protect their rights.
Understanding Texas Property Crimes: Theft, Robbery, and Burglary
People who have been arrested for property crimes in Texas may be confused about the differences between theft, robbery, and burglary. Although these crimes are similar, they are actually quite different and can carry different penalties. If you have been charged with a property crime in Texas, it is important to understand the nuances of these crimes so that you can know what to expect and how to defend yourself.
What Is Theft?
Theft is defined as taking something that does not belong to you without the owner's consent and with the intent to permanently deprive the owner of the thing taken. Additionally, theft can also occur when someone obtains services without paying or by deception. For example, if you go into a store and take an item off the shelf without paying for it, you have committed theft. If you order a meal at a restaurant and then leave without paying, you have committed theft. If you lie about your identity in order to obtain services that you would not otherwise be entitled to, you have committed theft.
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