Recent Blog Posts
Why Using a Public Defender Is a Bad Idea
The Sixth Amendment of the United States Constitution guarantees everyone the right to an attorney during criminal cases. A U.S. Supreme Court case, decided almost 60 years ago (Gideon v. Wainwright) held that if a person wants an attorney but cannot afford one, the state must provide them with an attorney at no cost. Justice Hugo Black wrote in the opinion that “fair trials before impartial tribunals in which every defendant stands equal before the law . . . cannot be realized if the poor man charged with a crime has to face his accusers without a lawyer to assist him.”
However, if you can afford a McKinney criminal defense attorney to defend you in your criminal case, you should hire one. Although public defenders’ offices do their best and, in some cases, do outstanding work. If there is any way you can avoid a court-appointed lawyer, you should do so.
What If I’m Charged With Charged with Evading Arrest in Texas?
You are speeding down the road when a police car approaches and turns on the lights and sirens. Instead of pulling over, you keep on speeding until you reach your destination.
In another situation, you are shoplifting when the store’s alarm goes off. Panicked, you run from the police officers who are in pursuit.
The thought of being pursued by police and possibly arrested can cause us to instantly panic. Our bodies tend to experience a fight or flight reaction. Instead of fighting with the police officer and making things worse, though, we tend to go on flight and run—either on foot or in a motor vehicle.
In both of these situations, though, you are breaking the law. When you are instructed by a police officer to stop and/or pull over, the best response is to comply with the request and communicate with the officer. When you continue to flee the scene, this is called evading arrest and can result in felony charges as well as fines and jail time.
What is Evading Arrest?
According to Texas Penal Code § 38.04, you can be charged with evading arrest if you intentionally flee from a police officer who is trying to detain or arrest you. “Intentionally” is defined as having a conscious desire to engage in the action of fleeing. No physical force is required for you to be charged with evading arrest.
What Are the Laws Regarding Fake IDs in Texas?
As long as the legal drinking age in Texas stays at 21, teenagers will probably continue to obtain fake IDs to get served alcohol at bars and nightclubs. Indeed, many college and high school students view a fake ID as a “right of passage” and a victimless crime. But the reality is quite different. Getting caught trying to pass off a fake ID can lead to criminal charges and potential disciplinary from a student’s school. In addition, any business that serves a student with a fake ID, even unwittingly, may face serious legal consequences.
What Constitutes a Fake ID in Texas?
A fake ID is any document you present as identification that contains false information or was not personally issued to you by a government agency. Some teenagers manufacture fake IDs by altering their documents–e.g., changing the year in the date of birth on their driver’s license. In other cases, they may present a valid ID issued to someone else as their own. And then there’s simply buying forged documents from an illegal vendor. Regardless of how one obtains a fake ID, however, it is against the law.
What is a Straw Purchase?
A straw purchase happens when a buyer receives goods or services on behalf of a third party. Regarding firearms transactions, straw purchases are strictly unlawful. A buyer cannot purchase a gun on behalf of a person prohibited by law from buying or possessing a gun. You also can’t purchase a gun for someone who wants to avoid a background check.
A person who purchases a firearm from a licensed dealer, but lies or misleads the seller about the identity of the ultimate possessor, can be charged with a very serious federal crime.
Understanding Federal Form 4473 (Firearms Transaction Record)
To understand how straw purchases work, you must understand your requirements when buying a firearm from a dealer. When you purchase a gun from a licensed firearm dealer, you must fill out Federal Form 4473. This form is the official Firearms Transaction Record kept by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The key question to look at on this is Question 11. This question asks the buyer if they are the actual “transferee/buyer” of the weapon. This question comes with an explicit warning: a person is not the actual transferee/buyer if they purchase the firearm on another party’s behalf.
What is the Difference Between Deferred Adjudication and Straight Probation?
Texas may impose a range of punishments on you if you are charged with a felony or misdemeanor. There are many factors that influence the outcome of a case. These include the severity of the crime, whether certain punishment is mandatory, and mitigating or aggravating circumstances. In addition, an important factor is your criminal history. The question of whether a particular offense merits (or legally requires) punishment involving “straight probation,” deferred adjudication, county jail time, penitentiary time, or some combination thereof is often a legally and factually complex question. You should never attempt to predict the likely outcome of a particular case until you have discussed it in detail with a qualified criminal defense lawyer who has become very familiar with the facts of the case and the facts and circumstances of the accused person’s life.
Nevertheless, we will explain in general terms the legal significance of the different types of punishments under Texas law. And some of the factors that influence the punishment.
What’s Legal in Your State Might Not Be Legal in Texas
Many of us will be traveling during the holiday season. When you cross state lines, however, you must be aware that certain items may be legal in your destination but not Texas, and vice versa. And we’re not talking about your grandmother’s fruitcake. We mean potentially dangerous weapons, like firearms, knives, and stun guns.
Here is a brief rundown of how laws differ among states with respect to some of these items and what is legal in Texas:
Firearms
Texas is well-known for its permissive gun laws. Just about anyone can purchase a firearm with a state-issued ID. Texas does not require any waiting period for firearms purchases. You can travel with a handgun if it is not concealed.
However, you need a license to carry a concealed handgun in Texas. If you already have such a permit, you may wonder if that applies when traveling outside of the state. The answer to this depends on where you are going. Texas has negotiated “reciprocity” agreements with several other states with respect to concealed handgun permits. For example, such an agreement exists between Texas and Oklahoma. If you hold a concealed handgun permit from either state, you can freely travel to the other state with your weapon.
When Does Smashing Pumpkins and Ding Dong Ditching on Halloween Become Criminal?
Halloween is about trick-or-treating and scarfing down way too much candy. But when does too much fun become criminal? Smashing pumpkins and ding-dong ditching can both result in criminal charges.
Harmless Pranks or Misdemeanors & Felonies?
Smashing Pumpkins
This common prank usually upsets those devoted to carving the pumpkins. But if you smash the pumpkin of another and are caught by law enforcement, you run the risk of being charged with theft or criminal mischief.
Theft is committed if you unlawfully “appropriate” the property of another with the intent to “deprive the owner of the property.” Criminal mischief applies when you “intentionally or knowingly” damage someone else’s “tangible property” or otherwise tamper with it. You don’t need to take the pumpkin anywhere. If you smash it, you intentionally damage it and deprive the owner of his or her ability to enjoy it. A criminal charge in such cases can range from a Class C misdemeanor (if the value of the pumpkin was less than $100) to a state jail felony (if it was an award-winning pumpkin valued at more than $2,500). Criminal Mischief can also be charged by establishing that the actor intentionally damaged the property of another.
Accusations of Sexual Misconduct Surrounding Netflix Show Cast Members
Cheer, the Netflix six-part docuseries that aired in January 2020, follows a cheer team from Navarro College preparing for the annual National Cheerleading Championship. It captures the highs and lows of being a competitive cheerleader and what it takes to win. Unfortunately, some stars of the show are now facing allegations of sexual misconduct.
According to federal prosecutors, 21-year-old Jerry Harris was arrested for producing child pornography. Court documents claimed that he solicited pornographic videos and images of children from two 14-year-old boys. One of the boys also alleged that Harris solicited him for oral sex while they were both at a cheerleading event. Harris has been in jail since his arrest in September 2020 and pleaded not guilty on December 17 to seven charges. If convicted, he could face between 15 and 30 years in federal prison.
What Is an Affidavit of Non-Prosecution (ANP) and How Does It Affect a Criminal Case?
Many Collin County criminal cases start with someone contacting the police and filing a report. This is a common occurrence in family violence cases–someone tells the police their partner assaulted them. After some time has passed, however, the accuser may not wish to go forward with criminal prosecution. Maybe the person made up the whole thing. Or perhaps they simply want to put the incident “behind them” and avoid testifying at a public trial. A person in that situation may be able to file an affidavit of non-prosecution.
Can the Alleged Victim of a Criminal Case Drop the Charges?
There is a misconception among many people that an accuser can simply “drop the charges,”. Many think that ends the criminal case against the defendant. But that is not how the criminal justice system operates. In a civil case, a plaintiff may voluntarily dismiss his or her lawsuit against the defendant. In contrast, a criminal case is handled by the District Attorney, not the accuser. The DA is the legal representative of the State of Texas. Once a case is in the system, it is up to the DA to decide whether or not to proceed.
What Is Deferred Prosecution for Juveniles?
Texas Family Code 53.03 governs “deferred prosecution”. It is a very common outcome in juvenile cases. Deferred prosecution essentially dismisses the charges in exchange for serving probation. When entering a deferred prosecution deal with the prosecutors, the juvenile doesn’t even have to admit guilt. The juvenile is attempting to complete probation while the case against them is paused. The court will dismiss the case against the juvenile if they successfully complete probation.
The beauty of Deferred Prosecution is if the juvenile violates the terms the case against them is merely unabated (or un-paused). It proceeds normally as if the deferred prosecution never happened. This is different from deferred adjudication in the adult system. A violation would result only in increased punishment and the defendant wouldn’t have the ability to contest the original underlying case.