Recent Blog Posts
What Is “Probable Cause”?
You cannot be arrested for a crime in Collin County unless police and prosecutors have probable cause to charge you. But what exactly does “probable cause” mean? You have probably heard that phrase many times before without understanding its origin or importance.
Every American’s Constitutional Right
In American law, probable cause is a legal standard specified in the Constitution, specifically the Fourth Amendment, which protects all citizens against “unreasonable searches and seizures.” In order to justify a search or arrest warrant, police must have “probable cause” to believe that a crime has been committed. Even where the police may conduct a search or arrest without a warrant, they must still have probable cause.
Probable cause essentially means it is “more probable than not” there has been a crime. In this sense, probable cause is more than a mere suspicion or a hunch. But it is less than the standard needed to actually convict someone of a crime at trial, which is “beyond a reasonable doubt.”
What Is the Difference Between Battery and Assault for Juveniles in Texas?
Has your child been accused of assault or battery in Texas? Being accused of or charged with a crime can be upsetting and overwhelming for anyone, and this is especially true for children.
As a parent, you may be feeling uncertain about what to expect and anxious for your child’s future. Penalties for juvenile offenders are nowhere near as harsh as those for adults, but your child could still face significant consequences.
The experienced Collin County juvenile defense attorneys of Texas Defense Firm are here to ease your concerns and protect your child’s rights. To learn more about what to expect in a juvenile assault case in Texas, continue reading or contact us for a free case review.
Who Is Considered a Child in Texas?
The Texas Family Code defines a “child” as any individual who is:
What to Do if Someone Is Stalking You
You deserve to live freely, confidently, and without fear. But when someone is stalking you, it can turn your life into a frightening and stressful situation.
If you’re here, it’s possible you’re worried that someone is stalking you, or you’re looking for ways to help a loved one facing this daunting situation. Our Collin County defense lawyers understand how deeply unsettling stalking can be. This blog aims to provide a comprehensive guide to help you address this difficult issue. We will walk you through the necessary steps to protect yourself physically and legally. Remember, help is always available, and you have the right to feel safe and secure in your daily life.
Texas Stalking Laws
The Texas Penal Code defines stalking as the crime of engaging in a pattern of behavior that they know or reasonably should know would cause one of the following outcomes:
You Just Received a Call From a Detective About a Sex Offense Investigation – What Do You Do?
One of the scariest things that can happen to you is receiving a call from a Collin County police officer conducting a sexual assault investigation. Even if you know you did nothing wrong, convincing the police of that is often a futile effort. Many sexual assault cases pit the accuser’s word against that of the accused.
Sexual Assault Allegations Can Lead to Very Serious Criminal Charges
The difficulty in proving sexual assault cases explains why more than in any other category of crime, a detective will make the effort to either visit or call the target of the sex offense investigation with the hope of scoring an admission or confession from a scared suspect – because without it there may simply be no other usable evidence to support a criminal charge.
If you are considering allowing an officer or detective to interview you, more than likely you not learn anything about the charges or accusations. They are trained in getting information from you, and only giving the necessary information to get you to talk. Additionally, if detectives are overly concerned about getting a statement from you, it is quite possible that it is only because they do not have enough evidence to have you charged with a crime. Again, at this point, you can only hurt yourself by speaking with a detective.
Can I Have a Gun on School Property in Texas?
The continued prevalence of school shootings in the United States, including recent shootings in Uvalde and Nashville, has made the presence of guns in schools a heated debate. But regardless of whether or not you believe schools should allow guns on campus, it’s crucial to know what the law says.
So, can you bring a gun onto school property in Texas? The short answer is, “It depends.” There are different rules for colleges and K-12 schools, teachers and other staff members vs. students and visitors, and those with concealed carry permits vs. those without. Knowing the different rules is essential to avoiding legal trouble. Because there’s no hard and fast rule when it comes to bringing schools.
How to Get Your License Back After an Indefinite Suspension
Having a driver’s license is essential to most people’s daily lives. If you have had your license suspended indefinitely, getting it back can seem impossible. Fortunately, there are steps you can take to regain your driving privilege.
Duration and Types of Suspension
When your driver’s license is suspended, there are different timeframes for suspension, including:
- Definite suspension: When your license gets suspended for a specific timeframe, it is known as a definite suspension. Once the time limit expires and the conditions of your suspension are satisfied, you can have your license reinstated.
- Indefinite suspension: When your license is suspended indefinitely, there is no specific time frame for reinstatement. Instead, reinstatement requires compliance with specific conditions.
There are a variety of reasons you could have your license suspended indefinitely, such as:
- Administrative suspension: The Texas Department of Public Safety (DPS) can suspend your license for a non-criminal offense. This can occur for failing to pay a traffic ticket or driving without insurance.
What Are Open Container Laws in Texas?
Drinking and driving is a serious issue in Texas. The state has strict laws to deter this behavior. One law that aims to prevent drinking and driving is the open container law. Open container laws make it illegal to possess or consume alcohol in a vehicle on public roads or highways.
What Qualifies as an Open Container?
In Texas, an open container is defined as any container that has been opened. Has had its seal broken or any of its contents removed. This means that not only bottles and cans are considered open containers, but also any other receptacle that contains alcohol. Even if the container is not completely empty, it is still considered an open container under Texas law.
It’s important to note that open container laws apply to all passengers in a vehicle, not just the driver. All passengers in the car can be charged with violating open container laws if someone in the car has an open container of alcohol, even if they are not the driver.
What are the Predictable Patterns of Abuse?
Recognizing patterns of abuse – physical, emotional, or otherwise – is paramount in leaving an abusive situation. Awareness of such patterns allows the abused person to identify abusive behavior and, in some cases, take appropriate legal action.
It’s vital to understand that abusive behaviors follow specific, predictable patterns. Recognizing these patterns is the first step in empowering abused people to get help. You might have legal recourse if you or someone you love is being abused. Remember, you are not alone. This article explains some of the patterns of abuse and how a person in an abusive situation could get help from an attorney. Keep reading to learn more, or contact Texas Defense Firm today for a confidential consultation with a compassionate attorney who can review your situation and explain your rights.
Cycle of Abuse
Abuse often occurs in cycles, including tension building, the abusive incident, reconciliation, and calm. During the tension-building phase, the victim may feel the need to appease the abuser, while the abuser may exhibit passive-aggressive behavior. The abusive incident then occurs, followed by a reconciliation phase where the abuser might apologize and promise change. A calm period often follows, but the cycle repeats itself without intervention.
What Is the Charge for Bringing Drugs Into a Jail in Texas?
Bringing drugs into a jail or prison in Texas is a serious criminal offense with severe legal consequences. If you face charges for introducing prohibited substances into a jail or prison, get a lawyer. What is the charge for bringing drugs into a jail in Texas? Understanding the laws, potential penalties, and defense options is not just important. It’s the key to preserving your freedom.
Defining the Crime: Introducing Contraband into a Correctional Facility
In Texas, introducing contraband into a correctional facility involves bringing unauthorized items—including controlled substances—into a county jail, state prison, or other detention facilities. This crime applies not only to drugs but also to items like weapons, alcoholic beverages, and even some “every day” and seemingly harmless items.
The Texas Penal Code outlines the offense of introducing contraband into a jail or prison under Penal Code § 38.11. The statute specifies that anyone knowingly bringing or attempting to bring prohibited items into a correctional facility can be charged with a criminal offense. This includes smuggling drugs, introducing weapons, or even bringing alcohol into a detention facility without authorization.
What to Do if Your Girlfriend Hits You
Physical violence and domestic abuse are all too common in romantic relationships, and anyone can suffer from abuse, regardless of gender. Statistics highlight that men, like women, often find themselves victims of abusive partners. If you’re a man who’s experienced physical abuse from your girlfriend, know that you’re not alone and that an experienced attorney could help you address this issue. Knowing your rights and the steps you can take to ensure your safety is essential. Keep reading to learn more about what to do if your girlfriend hits you or otherwise commits an act of violence against you.
Acknowledge the Situation
The first step in dealing with domestic abuse is recognizing it. The stigma associated with male victims often leads to underreporting. It’s critical to understand that abuse, in any form, is not acceptable and is not a sign of weakness on your part. Everyone deserves to be in a relationship free from violence and fear.