Recent Blog Posts
Falsifying Documents in Texas
People rely on documents every day to renew driver’s licenses, apply for benefits, and request help from the government. Society depends on the authenticity of these documents. For this reason, Texas has made it a crime to falsify documents, and the penalties can be steep. If you have been accused of falsifying documents, you need a Collin County criminal defense attorney who can mount a vigorous defense on your behalf.
Forgery Defined
In Texas, it is illegal to use false information to alter, create, or sign a document for the purpose of harming or defrauding another person. The law encompasses the following:
- Altering a document without permission, such as changing the date or time on a document or altering the amount of money on a check.
- Creating a forged document, such as a birth certificate or driver’s license.
- Possessing forged documents with an intent to use them, such as possessing a forged title to a piece of real estate with the intent of defrauding a potential buyer or renter.
Firearm Discovered at TSA Checkpoint – What Now?
Gun laws can be confusing. Every state has its own laws, and there are federal laws that come into play as well. Plus, some state laws are not transferable everywhere, so it’s not uncommon for people to face weapons offenses even though they believe that are within their legal rights.
Most states—like Texas—have concealed carry or license to carry laws. This allows residents to take a handgun with them in public places except for secure areas such as schools, parks and airports, as long as they have a license. Airports have strict security measures in place, so it would make sense to leave your handgun at home if you are traveling, unless you want to face criminal firearm charges. However, the Transportation Security Administration (TSA) is seeing more and more handguns being seized at airports.
In fact, 2017 was a record year. Through November 2017, the TSA seized 3,939 firearms at security checkpoints at airports. This is higher than the 3,391 firearms seized in 2016, the 2,653 firearms seized in 2015 and the 2,212 firearms seized in 2014. As you can see, the numbers are growing year after year. In December 2017, 72 firearms were found in carry-on bags in a one-week period. Sixty-six of them were loaded.
First-Time Offender A Life Sentence Gets Second Chance
Brittany Barnett met long-time friend Sharanda Jones twelve years ago while studying law at South Methodist University. Barnett discovered a YouTube video of Jones, who was facing a life sentence in prison for a first-time non-violent offense, and reached out to try to help.
According to Jones, she grew up in poverty in Terrell and struggled to make ends meet as an adult. Although she was running a hair salon and restaurant, money was hard to come by, and she had trouble supporting herself and her eight-year-old daughter. She decided to make a few trips to see a drug supplier in Dallas and buy power cocaine. She then sold it to some of her friends, who converted it into crack cocaine to sell to others.
Coming to Terms with a Lifetime in Prison
Instead of taking the plea deal prosecutors offered in exchange for testifying that a police officer was involved in the conspiracy, Jones decided to let her case go to trial. She was facing seven different charges related to her involvement in the crime. The supplier, along with several other witnesses, agreed to testify against Jones.
How to Appeal a Conviction in Texas: A Step-by-Step Guide
In Texas, an appeal is how a convicted defendant asks a higher court to review his or her case for legal errors. Except for death-penalty cases, which are appealed directly to the Court of Criminal Appeals, all direct appeals from district and county courts go to one of Texas’s fourteen intermediate appeals courts. The Texas Rules of Appellate Procedure govern appeals in Texas. A board-certified criminal appellate attorney is intimately familiar with these complex rules. Call us if you or a loved one wants to appeal a conviction in Texas.
File a Notice of Appeal in Texas
Regardless of whether the defendant filed a motion for a new trial, the way to appeal a conviction in Texas is to file a Notice of Appeal in the trial court. The defendant becomes the “appellant,” and the State is the “appellee.” The court clerk forwards the notice to the court of appeals, which dockets the appeal.
The Docketing Statement
How To Beat a Possession of Stolen Property Charge
You don’t have to steal property in Texas for the authorities to charge you with theft. In certain circumstances, possessing stolen property is enough for a potential felony charge. Are you facing a theft charge related to allegedly possessing stolen property in Texas? If so, knowing what this charge means and how to beat possession of stolen property charges is crucial for your defense.
The Collin County theft defense lawyers at Texas Defense Firm are here to protect your rights and guide you through the legal process if you face possession charges of stolen property. Below, you’ll find crucial information on how Texas law defines this offense and potential defense strategies.
What Is Receiving Stolen Property?
Several years ago, Texas legislators consolidated multiple offenses under the umbrella charge of “theft.” Under the current law, theft includes the following crimes:
What to do After an Ignition Interlock Violation in Texas
A drunk driving conviction can result in a number of significant legal penalties, including the installation of a deep lung device, also known as an ignition interlock device. Like a breathalyzer, these devices measure the amount of alcohol in a person’s breath and use that information to determine their blood alcohol concentration (BAC). When installed, a breathalyzer requires the driver to provide a breath sample prior to starting the car – if the driver has alcohol in his or her system, the deep lung device will not allow the vehicle to start. In addition, the device requires breath samples from the driver at random intervals and will disable the vehicle if it detects alcohol in the sample.
If you have been ordered to use an ignition interlock device, there are many ways that you can violate your probation. These include the following:
- Driving a vehicle without an ignition interlock device;
- Tampering with the device;
- Attempting to circumvent the device; and/or
Man Wrongfully Convicted of Sexual Assault Is Exonerated
Greg Kelley, a high school senior and star athlete, was arrested on August 9, 2013, in Cedar Park, Texas. He was accused of sexually abusing two young boys at a daycare in someone’s home. During legal proceedings, Kelley declined to accept a plea agreement that would have prevented him from serving time in prison. He was ultimately convicted of two counts of indecency with a child and two counts of super aggravated sexual assault. The charges of sexually abusing the other boy were dismissed. He was sentenced to 25 years in prison.
During Kelley’s senior year of high school, his father had a stroke, and his mother was diagnosed with a brain tumor. His classmate and friend, Jonathan McCarty, offered him a place to stay. His mother, Shama McCarty, operated an in-home daycare center, and that’s where the allegations originated.
Marijuana Possession Decriminalized in Austin – What It Means for Residents of Collin County
Texas has some of the strictest laws governing marijuana in the U.S. While change is coming, it’s coming slowly. Across the state, it is illegal to use, possess, sell, distribute, produce, grow, or cultivate recreational marijuana.
While medical marijuana is legal, it is heavily regulated. Medical marijuana was legalized in 2015, which allowed patients with intractable epilepsy to use cannabis. Qualifying conditions were expanded in 2019 to include patients with incurable neurological disorders, autism, and terminal cancer. Now, these people can access medical marijuana.
The penalties for breaking marijuana laws are harsh, ranging from a Class C misdemeanor to a Class A felony. While some counties have reduced penalties, marijuana continues to be illegal in Texas and Collin County.
The Difference Between Decriminalization and Legalization
Austin recently enacted regulations that effectively decriminalized small amounts of marijuana. However, it’s important to know that there are differences between legalization and decriminalization. When something is legalized, like marijuana, it becomes legal to use and acceptable to do in public.
New Laws Make Soliciting Sex in Texas a Felony
Legislators passed Texas House Bill 1540 on September 1, 2021. Texas was one of the first states to focus on harsher sentences for crimes involving prostitution.
The new law allows the state to charge solicitation of prostitution as a felony. It was previously charged as a misdemeanor offense before the bill passed.
You should speak to a Collin County criminal defense attorney immediately following your arrest. A felony conviction can lead to significant jail time and expensive fines. You need an experienced legal team to defend you against the charge you face.
An Overview of Solicitation of Prostitution
According to Texas Penal Code § 43.021, a person commits solicitation of prostitution if they knowingly agree to or offer to pay another person to engage in sexual conduct with them or someone else. Sexual conduct includes sexual intercourse, deviate sexual intercourse, and sexual contact.
The Texas Three Strikes Law
If you are like most people, you have likely heard of Texas’s “three strikes law” in reference to criminal proceedings. The law derives its name from baseball, where batters who accumulate three strikes “strike out” and their chance to bat is over. In the context of Texas criminal law, rather than referring to missed or foul balls, the word “strikes” refers to felony convictions. If you are convicted of three felonies in Texas, you can be subjected to extremely harsh legal penalties – in many cases, you will be facing a minimum prison sentence of 25 years, and up to 99 years or life.
What Crimes Count as Strikes?
To be subject to the enhanced mandatory minimum of 25 years under Texas law, you must be facing a first or second degree felony indictment and have been twice previously convicted of two non-state jail felony offenses. The second must have been committed after the first conviction became final,( i.e. not deferred, on appeal, etc.) Some of the offenses that can be a felony include the following: