Recent Blog Posts
What Is Gross Sexual Imposition in Texas?
In the state of Texas, gross sexual imposition is a severe sex crime that involves compelling someone to engage in sexual contact without their consent. It is a complex offense with specific legal elements that the prosecution must prove to secure a conviction. Understanding what constitutes gross sexual imposition is crucial for anyone facing such charges or seeking to understand the legal implications of this offense.
What is Gross Sexual Imposition?
Texas Penal Code § 21.05 defines gross sexual imposition as sexual contact with another person under certain circumstances, including:
- Compulsion – The offender compels the other person to submit by force or threat of force. This means the sex offender uses physical force, violence, or coercion to make the victim engage in sexual contact against their will.
- Substantial Impairment – The offender knowingly administers drugs, alcohol, or a controlled substance as a way of purposely impairing the victim’s judgment or self-control. The alleged perpetrator could give the substance to the victim secretly, such as by slipping it into a drink. Alternatively, they could force the substance upon the victim by threat. In cases of gross sexual imposition, the defendant allegedly commits the act of substantial impairment to render the victim unable to resist sexual contact.
How a DWI Conviction Can Affect Your Employment in Texas
Being convicted of DWI in Texas doesn’t just result in fines, license suspension, and potential jail time—it can also make it harder to find and keep a job. Employers often run background checks, and having a criminal record could hurt your chances of getting hired. If you already have a job, a DWI might put your position at risk, especially if driving is part of your responsibilities. Here’s what you need to know about DWI conviction effects on employment.
Does a DWI Conviction Affect Employment?
A DWI conviction in Texas is a serious criminal offense that stays on your record and can make it harder to find or keep a job. Employers often run background checks, and a DWI can raise red flags, especially for jobs that involve driving, using heavy machinery, or taking responsibility for critical matters. Industries like transportation, healthcare, education, and government have strict hiring policies; some roles require a clean record or professional license. A DWI could even lead to termination if you already have a driving or licensing job.
What Is a No-Contest Plea?
If you’re charged with and convicted of a crime, you could be sentenced to significant time in jail or prison and/or be ordered to pay a fine. You could lose your freedom or face financial debt, or both. Before you go to trial to defend yourself against your charges, there are other points where a decision you make could affect the consequences of your charges.
After you’re charged with a crime, you can respond to the government’s charges against you. At your arraignment hearing, you formally enter a plea. A plea is a defendant’s statement of whether or not they admit to the charges. Before entering a plea, you must thoroughly consider which plea is best for your case. There are several types of pleas, including a no-contest plea.
Defining a No-Contest Plea
A no-contest plea, derived from the Latin term “nolo contendere,” which means “I do not wish to contend,” may seem slightly contradictory. When a defendant pleads no contest to a criminal charge, they neither admit guilt nor proclaim their innocence. This plea will have the same legal effect as a guilty plea. A defendant’s no-contest plea informs the court that they accept the charges. In Texas, you must ask the court for permission to plead no contest. You don’t have a right to plead no contest.
What Happens When You Get Caught With Contraband in Jail
In the state of Texas, having contraband in prison or a correction facility is treated as a significant offense, and the penalties reflect the severity of the violation. Understanding Texas law regarding jail contraband is crucial, but having the right legal representation is equally important. If you or someone you know is facing such charges, a skilled attorney like the ones found at Texas Defense Firm can provide the support and guidance needed. In this post, you will know what happens when you get caught with contraband in jail.
What Constitutes Contraband in a Texas Jail?
Contraband in jail refers to any item prohibited within the confines of a correction facility. This includes:
- Controlled substances, such as illegal drugs or prescription medication, without authorization
- Alcohol, tobacco, and vaping devices
- Weapons or tools that could be used for escape or harm
- Unauthorized cell phones or communication devices
- Cash or any currency
#MeToo: What If I’m Falsely Accused of Sexual Assault?
The #MeToo movement has been a powerful force for change in society. It has opened up a much-needed dialogue about the prevalence of sexual assault and harassment. Unfortunately, it has also created a risk that people may be falsely accused of sexual assault. If you find yourself in this situation, getting experienced legal counsel is essential. This blog post will discuss what to do if falsely accused of sexual assault.
What Is the #MeToo Campaign?
The #MeToo movement is a global campaign against sexual violence and harassment that seeks to raise awareness and increase support for survivors. It gained momentum in 2017 when celebrities started using the hashtag on social media to encourage other women to speak out about their experiences with sexual abuse and harassment. The #MeToo campaign has empowered thousands of women to come forward and share their stories. That led to the prosecution of powerful men accused of sexual misconduct.
The Dangers of False Accusations
False accusations of sexual assault are a serious problem and can have profound effects on the accused. If a person is convicted of sexual assault, the consequences can include jail time, probation, fines, registration as a sex offender, and loss of a job or educational opportunities. Even if the accused is found not guilty, the accusation itself can still cause damage to the accused’s reputation and future opportunities. In some cases, people falsely accused of sexual assault are targets of public shaming, ostracization from their community, and even physical violence.
Texas Sexting Laws for Teens and Minors
The rapid development of smartphone cameras and digital communication created new challenges. One of those is the exchange of explicit material, often called sexting. This can include sending nude, sexually suggestive, or sexually explicit images across any digital media. That includes text messages, social media, or email. This has resulted in Texas creating sexting laws to stop the spread of explicit images to minors.
While it’s widely assumed that sexting is more common among minors and teens. However, a survey by the American Psychological Association found that 80 percent of adults had reported sexting within the past year. This has significant implications when you consider the case of former New York Congressman Anthony Weiner, who was sentenced for sexting with a 15-year-old girl he claims he never met.
A Guide to Misdemeanor Appeals in Texas
In Texas, misdemeanors are criminal offenses punishable by a fine or time in the county jail. It may be tempting to think that a misdemeanor conviction is not worth appealing because it isn’t serious enough.
But a misdemeanor conviction can be very serious. Any time in jail can be harmful and disruptive. Some misdemeanor convictions, like assault, family violence, or evading arrest, can turn the next charge into a felony. Others, like DWI, can become a felony after two or more previous convictions. A theft conviction can keep a person from serving on a jury or working in careers that involve money or other positions of trust. Some professional licenses can be suspended or revoked upon a misdemeanor conviction. Your driver’s license can be suspended.
The consequences of misdemeanor probation
Even misdemeanor probation can have a tremendous impact on a person’s life. Probation fees are expensive. A person may be required to attend classes that take time and money. They may have to have an ignition interlock installed on their car. They may have to perform hundreds of hours of community service.
Should I Choose Jail Instead of Probation?
In some criminal cases, defendants are able to get probation as an alternative to incarceration. Probation, known as “community supervision” in Texas, is a period of court-ordered supervision that allows a person to stay within their community while they serve out their sentence. The terms of a person’s community supervision can vary. In some cases, a person who is on community supervision may be required to abide by a curfew, enroll in and attend certain classes, or live in a specific location. For most people, community supervision is a welcomed alternative to jail.
Though, this does raise a question: Can a Texas defendant choose jail over community supervision? In general, the answer to the question is ‘yes’. If an accused person negotiates an outcome with the prosecutor through their lawyer, the parties can usually agree upon a jail sentence, as opposed to community supervision. If a defendant elects to proceed to trial, that person may choose whether they will be sentenced by the judge or by the jury if convicted. However, following a Guilty verdict, the defendant loses the ability to negotiate the outcome. At that point the defendant must request jail and hope that the judge (or jury) depending upon whom the defendant elected to sentence him or her, agrees with the request. Following a trial, the path to the outcome you desire is uncertain. In fact, there is caselaw in Texas indicating that a judge may disregard a jury’s decision to impose a jail sentence and may place a person on community supervision over their objection and in spite of the decision of the jury. However, there has been an observed trend in Texas of defendants choosing jail over community supervision. According to reporting from the Texas Tribune, there are now many defendants in the state who have selected jail over community supervision.
Criminal Appeals Lawyer | Writ of Habeas Corpus
Following a criminal conviction, defendants can contest their charges or sentence when errors during the trial proceedings deprive them of their rights or affect the trial outcome. Defendants may appeal their convictions or sentences or pursue post-conviction relief. One such post-conviction relief is a petition for a writ of habeas corpus. Obtaining relief from a conviction or sentence on appeal or post-conviction proceedings involves complex procedures and legal issues. A criminal appeals lawyer can give you the best chance of overturning an unfair or wrongful conviction or erroneous sentence.
Our Collin County criminal appeals lawyers can help you through a variety of aspects of appealing your case, including:
What Happens If You Get Caught With a Ghost Gun in Texas?
If you possess an unserialized firearm in Texas, you need to know what happens if authorities catch you with a ghost gun. At Texas Defense Firm, we understand the confusing interaction between state and federal law concerning ghost guns. This is particularly true in light of the federal law modernizing the definition of “firearm.” It’s reasonable to ask, “Are ghost guns legal in Texas?”
When it comes to guns and gun charges in Texas, you need legal guidance and representation you can trust. You don’t have to defend yourself against a ghost gun charge. Instead, work with a Texas firearm attorney who understands these complex laws and will fight on your behalf.
What Is a Ghost Gun?
Individuals assemble ghost guns from components bought separately or in kits, and these firearms lack serial numbers. A person can assemble a ghost gun from “buy build shoot” ghost gun kits or other parts. Ghost guns can also be 3D-printed. Because they are initially created as unfinished receivers or frames, ghost guns are not classified as firearms until they are assembled and complete.