Recent Blog Posts
What Are The Penalties For Perjury In Texas?
Whenever you sign a legal document there is often a statement declaring you do so “under penalty of perjury.” Similarly, if you have ever been required to testify in court you are required to take an oath stating your testimony will be truthful–otherwise you could be charged with perjury. But what are the actual… Read More »
Can A Texas Judge Reject A Plea Bargain?
Most criminal cases in Texas do not go to trial. Instead, the district attorney and the defendant negotiate a plea agreement. With a plea bargain, the defendant normally agrees to plead guilty (or “no contest”) to a specified charge. In exchange, the district attorney agrees to a recommended sentence. The final agreement is then… Read More »
Is Assaulting A Pregnant Person A Felony In Texas?
There are a number of factors that can bump an assault charge from a misdemeanor to a felony in Texas. Assault is normally prosecuted as a Class A misdemeanor. But if the prosecution can prove certain qualifying conditions apply, a jury may convict the defendant of a third-degree felony. These felony factors often revolve… Read More »
Is “Sudden Passion” A Defense To Murder In Texas?
You often hear the phrase “crime of passion” associated with a sudden act of violence driven by impulse rather than premeditation. Perhaps the most common example is the man who comes home one night to find his wife in bed with another person in bed. The man snaps and, in a fit of sudden… Read More »
What Happens If You Violate A Term Of Probation While On Deferred Adjudication In Texas?
If you are facing a serious criminal charge in Texas, deferred adjudication may offer you a way to avoid a trial and a potentially lengthy prison sentence. Deferred adjudication is actually a type of probation, or what is technically called “community supervision” in Texas. Basically, with a deferred adjudication the defendant agrees to plead… Read More »
Can A Lane Change Lead To A Felony Drunk Driving Conviction?
Drunk driving arrests rarely start out that way. The more typical scenario is that a police officer initiates a “routine” traffic stop after observing a possible infraction. During the stop, the officer then develops a suspicion the driver may be drunk, which may lead to probable cause justifying an arrest. This entire chain of… Read More »
Can The Texas Attorney General Prosecute Me For A Possible Crime?
Back in high school, you probably learned about the “separation of powers” when studying American government. This is the idea that there are three independent and co-equal branches of the federal government–executive, legislative, and judicial–and each has separate powers that cannot be usurped by the other two. The Texas state government follows a similar… Read More »
Is Wearing A Motorcycle Vest Enough To Prove You Belong To A “Criminal Street Gang”?
Fear of organized criminal activity has led the State of Texas to criminalize a person’s association with a “criminal street gang.” The law defines such a gang as “three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.”… Read More »
What You Need To Know About The “Revenge Porn” Law In Texas
In a time where we can instantly communicate with anyone via our smartphones, there is often a tendency to overlook potential privacy implications. For example, if you text or tweet an explicit picture of your spouse or partner, you may be inadvertently violating their privacy. You may also be committing a crime. In 2017… Read More »
What Are My Child’s Rights If They Are Questioned By The Police?
The juvenile justice system in Texas is designed to provide somewhat more simplified procedures for handling delinquency cases than the regular criminal courts. At the same time, juveniles have the same constitutional rights as adults. This includes the right against self-incrimination. This right is especially important given that it is far too easy for… Read More »