Recent Blog Posts
Is Domestic Violence a Felony in Texas?
Whether a domestic violence conviction is a felony in Texas depends on the circumstances. It can be confusing because domestic violence isn’t a standalone crime in Texas; instead, family violence can affect how certain offenses are charged when the alleged conduct involves a family or household member or dating partner.
How Does Texas Define Domestic or Family Violence?
The definition of family violence comes from the Texas Family Code, and includes certain acts by one family or household member against another that are intended to result in physical harm, bodily injury, assault, or sexual assault, or that constitute a threat reasonably placing the person in fear of imminent physical harm.
Family members generally include spouses, relatives by blood or marriage, people who live together, co-parents, and individuals in dating relationships. While the Family Code supplies the definition, criminal charges commonly arise under Texas Penal Code § 22.01, the assault statute.
Texas First Offense Misdemeanor DUI Penalties
Being arrested for an alcohol-related driving offense can be overwhelming, especially if you have never been in trouble with the law before. While many people use the terms DUI and DWI interchangeably, Texas law treats them as separate offenses with different legal standards and penalties.
Understanding what you’re facing is an important first step toward protecting your rights. If you’re facing a DWI charge, contact our experienced DWI attorneys for further assistance.
What’s the Difference Between a DUI and a DWI in Texas?
Although DUI and DWI are often used to describe the same type of offense, they have distinct meanings under Texas law.
A DUI (Driving Under the Influence) applies only to drivers under the age of 21. Texas has a zero-tolerance policy for underage drinking and driving, meaning a minor can be charged if they have any detectable amount of alcohol in their system while operating a motor vehicle.
Motion To Suppress Evidence
Evidence is one of the most important parts of any criminal case. However, prosecutors cannot use evidence that was obtained in violation of a defendant’s constitutional rights. When law enforcement gathers evidence unlawfully, a criminal defense attorney may ask the court to exclude it through a motion to suppress.
In some cases, suppressing key evidence can significantly weaken the prosecution’s case.
What Is a Motion to Suppress Evidence?
A motion to suppress evidence is a legal request asking a judge to prevent certain evidence from being introduced at trial. The motion argues that law enforcement officers obtained the evidence in a way that violated the defendant’s constitutional rights.
If the judge grants the motion, the prosecutor may be prohibited from using the evidence against the defendant. Depending on the circumstances, this can affect the outcome of the entire case.
Indecent Exposure Laws in Texas
In Texas, a person commits the offense of indecent exposure if they expose their genitals or anus with the intention to arouse or gratify the sexual desire of any person. There must be intent; being nude by accident rarely meets this standard.
Even though indecent exposure is generally a misdemeanor under Texas law, a conviction can carry intense embarrassment, stigma, and long-term impacts on a defendant’s relationships, career, and reputation. To know more, keep reading from our McKinney sex crimes lawyers.
Reckless About Whether Another Person Is Present
Texas law requires prosecutors to show that the accused acted recklessly about whether another person was present who could observe the conduct. This does not necessarily mean someone had to be directly targeted.
The Steps of a Criminal Trial
Facing criminal charges can be stressful and confusing, especially if you have never been through the court system before. While every criminal case is different, most trials follow a similar process. Understanding the steps of a criminal trial can help you know what to expect and why experienced legal representation from a criminal defense lawyer in McKinney, TX, matters.
What Happens Before a Criminal Trial?
Several important events occur before a criminal trial officially begins. After an arrest, the defendant usually attends an initial court appearance where a judge explains the charges and addresses bond or bail conditions. The defendant will then enter a plea during an arraignment.
During the pretrial phase, both sides exchange evidence and prepare their cases, and this process may include:
- Reviewing police reports and witness statements
Breaking Down Attorney-Client Privilege: What It Means and How It Can Affect Your Case
Attorney-client privilege is one of the most important protections in the legal system. It allows clients to speak openly with their attorneys without fear that those conversations will be shared with others. Understanding how this privilege works can help you protect your rights and avoid costly mistakes during your criminal defense case. Keep reading from our McKinney criminal defense lawyer for a thorough breakdown on attorney-client privilege.
What Is Attorney-Client Privilege in Texas?
Attorney-client privilege is a legal rule that protects confidential communications between a client and their attorney. In Texas, this privilege is recognized under the Texas Rules of Evidence and applies in both civil and criminal cases.
The purpose of this rule is simple: it encourages honest communication. When clients can speak freely, attorneys are better equipped to provide accurate guidance and effective representation.
Is "Catfishing" a Crime in Texas?
Catfishing—or pretending to be someone else online—isn’t technically against the law in Texas. This is because using a false name or creating a fictional profile online is not by itself a crime.
However, catfishing can become illegal if it crosses clearly defined legal lines and may lead to misdemeanor or felony charges depending on the acts involved. Keep reading to know more or reach out to a professional criminal defense lawyer.
What "Catfishing" Means Under Texas Law
Texas doesn’t have a law that prohibits "catfishing" by name. Instead, the term refers to anyone who uses a made-up or stolen online identity to fool others. This could involve pretending to be someone different, whether with a fake name, profile pictures, or even copying someone else’s profile and information.
When Catfishing Can Lead to Criminal Charges in Texas
Although catfishing itself isn’t a standalone crime, there are specific situations where criminal laws absolutely come into play and could lead to you being arrested and becoming a defendant. Below are a few common scenarios:
What are Class Offenses in Texas?
In Texas, criminal offenses are generally classified into "classes" to indicate their level of seriousness and the likely punishment. This classification system shapes what kind of penalty a defendant can receive.
Understanding where an accusation falls within these classes is vital for defending yourself and for making informed decisions about your case. For further guidance on your criminal defense case, reach out to an experienced lawyer.
Types of Misdemeanor Classes in Texas
Texas law organizes these lesser criminal charges by class. Misdemeanors are classified into one of three classes.
Class C Misdemeanors
Class C misdemeanors represent the lowest level of criminal offense in Texas. These cases never lead to jail time and can carry a fine of up to $500.
Indicted vs. Charged in Texas
If you’re dealing with a criminal case in McKinney, Texas, you may hear the terms "charged" and "indicted" used in conversation. While they both relate to formal accusations, they describe different steps in the legal process.
Knowing how each applies can make it easier to follow what’s happening in your case. In Texas, the distinction often comes down to how the accusation is made and the type of offense involved. To know more, keep reading this blog from our criminal defense attorney in McKinney, TX.
What Does It Mean To Be Charged With a Crime in Texas?
Being charged with a crime means that a prosecutor has formally accused someone of violating the law. This step usually follows an investigation, arrest, or issuance of a citation.
Charges may begin in several ways, including:
- A complaint submitted by law enforcement
What Happens If You Get an Out-of-State Warrant for Your Arrest?
Finding out that there’s a warrant for your arrest is stressful enough on its own. Learning that the warrant was issued in another state, however, adds a whole new layer of confusion. Many people in Collin County and throughout Texas assume that an out-of-state warrant doesn’t apply to them as long as they stay put. Unfortunately, that’s not how it works.
An out-of-state warrant can affect your life in Texas in several meaningful ways if you’re a criminal defendant. Learning about what you’re dealing with and how to respond can help you avoid making a difficult situation worse, and when you need to hire a criminal defense attorney.
Can You Be Arrested in Texas on an Out-of-State Warrant?
Yes. If another state has issued a warrant for your arrest, Texas law enforcement can detain you based on that warrant. This can happen during a routine traffic stop, a background check for employment, or any other interaction where your name is run through a law enforcement database.