Fake ID vs Stealing Beer in Texas

A kid called me awhile back. He was arrested and charged with having a fake ID. Of course, he had the fake ID to get into bars and to buy beer. He was 20, but his ID said he was over 21.  Punishment for a Fake ID and for Theft When I looked up the law, I was shocked to see that possessing a fake ID is a class A misdemeanor. That means that if he’s found guilty, he could be sentenced to up to a year in jail and up to Read More

May the 4th Amendment Be With You

Greetings, and May the Fourth Be With You, fellow Star Wars fans! Today is a day to celebrate Star Wars, and in keeping with the spirit of the day, we thought we'd look at how the Fourth Amendment of the United States Constitution relates to the Star Wars universe. The Fourth Amendment of the Bill of Rights protects citizens from unreasonable searches and seizures by the government. In the Star Wars universe, we see Read More

Don’t Hire an Attorney To Be Your Bondsman

I often get asked by potential clients if I can handle their bonds too. You should never hire an attorney to also handle your bond. It creates a conflict of interest and doesn’t save you any money. Texas Attorneys Can Act as Bondsman (It's a Bad Idea) In Texas, attorneys can also act as bondsmen for clients they represent. Instead of going to a bail bondsman to bond out of jail, someone who is arrested can hire Read More

Why is Gay Sex Still Against the Law in Texas?

Did you know that it’s against the law in Texas to engage in homosexual sex? Section 21.06 of the Texas Penal Code prohibits “deviate sexual intercourse [between] individual[s] of the same sex.” The penal code notes that this law is unconstitutional. The Supreme Court declared this specific law unconstitutional in 2003 in Lawrence vs. Texas. The Supreme Court held that state laws that ban gay sex violate the Read More

What is Assault Family – Choking

Assault is normally a misdemeanor, but there are times when it can be enhanced to a felony. If you are being charged with assault against a family member and you are accused of choking that person, it can be enhanced to a third-degree felony. If you have a previous family violence conviction, it becomes a second-degree felony. What Does the Evidence Usually Look Like Whether or not they decide to enhance your Read More

What is Deferred Adjudication?

When you’re charged with a crime, there are three ways the case can end: your case could be dismissed, it could go to trial, or you could plea. A plea is when you plead guilty or no contest to the court without going through the trial process. Usually when someone pleas, there is an agreement with the state about what the punishment will be. You can also do plea without an agreement from the state and it’s up to the Read More

Can my gun rights be restored in Texas after a family violence charge?

Gun possession is a Constitutional right that we all possess. The Second Amendment states “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Despite this, there are times when the government can prohibit you from owning or possessing a firearm.  When you’re charged with a family violence case in Texas, there are two Read More

Can I Contact the Prosecutor to Ask Them to Drop the Charges?

When you’re charged with a crime you really want the case to be dismissed whether it’s assault or DWI. You just want to turn the clock back to a time before getting arrested, having court dates, having to deal with bail bondsman and pretrial services. Almost everyone who comes to my office looking for help tells me they want their case dismissed when I ask what they want. If you’re being wrongfully charged this is Read More

The Only Winning Move is Not to Play

Cop Games I was watching a video yesterday. The officers asked a guy to come down and make a statement. When they started asking him questions, he asked for an attorney. He has to ask for an attorney three times before the cops stop asking him questions. He did great. The only thing I would have done differently if I were in his situation is not to go down to the police station in the first place. It reminded me of Read More

How Are Family Violence Cases in Texas Different?

In Texas, when you’re charged with a crime involving family violence, the judge will make a finding that you committed an act of family violence in certain situations. That finding adds several consequences that otherwise wouldn’t be there. Family violence cases can also be enhanced to a felony under certain situations. Who counts as family? Family violence cases include cases where there’s a dating relationship, Read More