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Criminal Defense

Avoid Indictment In A Texas Criminal Case

Avoid Indictment In A Texas Criminal Case
If you have been accused of a crime in Texas, one of the most serious consequences may be ahead of you. An indictment is a formal claim issued by a great jury that a person has committed a crime, usually a felony. This blog will tell you how to avoid indictment in a Texas criminal case and what steps you should take to protect your future.

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How To Avoid Indictment In A Texas Criminal Case

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John D.

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Avoid Indictment In A Texas Criminal Case

If you have been accused of a crime in Texas, one of the most serious consequences may be ahead of you. An indictment is a formal claim issued by a great jury that a person has committed a crime, usually a felony. This blog will tell you how to avoid indictment in a Texas criminal case and what steps you should take to protect your future.

What Is An Indictment?

In Texas, an indictment is a formal claim issued by a large jury, which shows that a crime believes that there is a possible reason. A large jury consists of residents who undergo the evidence provided by the prosecutor. If the big jury receives enough evidence, they issue a charge. In Texas,felonies should be aimed through an indictment, not a criminal complaint.

An appeal case sets at speed and often leads to an arrest, test and a criminal journal.

How Does An Indictment Affect Your Case?

Once indicted, a criminal case goes to trial. Indictment has major consequences:

  • Arrest: The indictment often leads to a court order on arrest or surrender.
  • Criminal Record: Even if you are acquitted, the indictment can affect your post and reputation in itself.
  • Trial: If convicted, the case continues to test, leading to a possible penalty or termination.

Thus, it is important to avoid indictment to avoid long legal matches.

How To Avoid Indictment In Texas

While indictment is a serious step, there are ways to avoid it. Here’s what you can do:

1. Hire an Experienced Criminal Defense Attorney

One of the first stages of stopping an indictment is to appoint an experienced criminal defense attorney. The lawyer’s role is important to guide you through a legal process, challenge evidence and potentially prevent the prosecuting indictment.

A skilled lawyer can:

  • Review: By examining the case, your lawyer can identify weaknesses by prosecuting authority.
  • Communicate with a big jury: Your lawyer may be able to present a case to the big jury, potentially to avoid indictment.

2. Pre-Indictment Negotiations

Before the indictment, your lawyer may have an opportunity to interact with the prosecutor. These negotiations may result in a petition agreement or alternative penalties, which may reduce the chances of indictment.

Potential results include:

  • Plea deals: These agreements allow you to blame low fees, to avoid a formal indictment.
  • Diversion programs: In some cases, prosecutors may offer rehabilitation programs and remove the case from criminal charges.

3. Present Evidence to the Grand Jury

The big jury decides whether there is enough evidence to indict you. If the evidence is weak, your lawyer may have a chance to present stimulating (innocent) evidence of the big jury, possibly to prevent the indictment

Evidence that may help may include:

  • Witness testimony: Alibis or eyewitnesses who can confirm your innocence.
  • Documents: Any papers or registrations that show you that you are not involved in crime.

4. Cooperate with Authorities (Carefully)

Cooperating with law enforcement may seem like a good strategy, but it should be carefully done with the guidance of a lawyer. Sometimes cooperation with law enforcement by providing information can prevent an indictment or lead to reduced charges.

However, there are risks to consider, including:

  • Self-incrimination: Your cooperation can be used against you.
  • Witness testimony: If the co-defendants are included in the case, your testimony may help reduce your claims.

It is important to consult a lawyer before cooperating with the authorities.

5. Motion to Dismiss or Quash the Indictment

Even if an indictment is returned, your lawyer may submit a proposal to dismiss or remove it. A proposal to dismiss is completely thrown out, while the prosecution tries to reduce an indictment.

Reasons to file these motions include:

  • Lack of evidence: Insufficient evidence of a crime.
  • Improper procedure: Legal errors during the big jury process.

These can prevent the case from moving forward from movements, potentially avoiding testing.

6. Challenge the Evidence

A strong rescue to the prosecuting authority challenges the prosecuting authority. If the evidence is weak, has been achieved illegally, or is handled incorrectly, your lawyer may claim to make it out of the idea of a big jury.

The Texas law requires the evidence to be obtained lawfully. If law enforcement has violated your rights, your lawyer may be able to suppress evidence, weakening the prosecution case.

7. Act Quickly

Facing potential indictment in a Texas criminal case can be overwhelming, but it’s not a one-way path to trial. When you are under investigation, it is important to consult a skilled lawyer immediately. Initial intervention can make all the difference in the result of your case. Your lawyer can assess the situation, identify weaknesses such as evidence and develop a strong legal strategy that suits your circumstances.

By acting quickly, your lawyer may begin to take active steps to prevent indictment, such as interacting with the prosecutor, gathering favorable evidence or identifying potentially legal defense. A quick response can also help ensure more favorable results by reducing the time you are subject to investigation. Taking quick measures gives you the best opportunity to protect your rights and avoid formal claims.

Final Thoughts

Facing potential indictment in a Texas criminal case can be overwhelming, but it’s not a one-way path to trial. You can increase the chances of avoiding indictment by taking active steps, such as hiring an experienced criminal defense attorney, evidence or interacting with the prosecutor. Working quickly and looking for a legal lawyer is important to immediately protect your rights and reduce the effect of criminal claims. Your lawyer will guide you through a complex legal process and will ensure that each alternative is detected to avoid an indictment. Don’t wait for an indictment to disrupt your life, take action now.

If you are facing criminal claims in Texas, contact the L&L Law Group today. Our team of skilled lawyers here is to help you navigate the process and protect your future. Call now for consultation.

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Criminal Defense

Aggravated Assault With A Deadly Weapon In Texas

Aggravated Assault With A Deadly Weapon In Texas
Increased attacks with a deadly weapon is a serious crime in Texas. If you are facing claims about this crime, it is important to understand the specifics of this law, punishment and possible defense available to you. This blog will break the most important elements of an increased attack with a deadly weapon, legal consequences and an experienced criminal attorney can help you navigate these charges.

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Aggravated Assault With A Deadly Weapon In Texas Explained

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John D.

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Aggravated Assault With A Deadly Weapon In Texas

Increased attacks with a deadly weapon is a serious crime in Texas. If you are facing claims about this crime, it is important to understand the specifics of this law, punishment and possible defense available to you. This blog will break the most important elements of an increased attack with a deadly weapon, legal consequences and an experienced criminal attorney can help you navigate these charges.

Aggravated Assault With A Deadly Weapon

In Texas, the attack is usually defined as threatening to cause physical damage to another person or to harm them. However, when a deadly weapon is included, the charge is upgraded to an aggravated assault.
According to Texas Penal Code Section 22.02, an aggravated assault occurs when a person attacks using a malignant weapon or causing severe physical injury. A deadly weapon is any object that can cause death or serious injury, such as firearms, knives or even a vehicle.
The main difference between regular attacks and aggravated assault is the presence of a malignant weapon or severity of injuries. In a specific attack, crime may include minor injuries or threats. However, with an aggravated assault , the use of a deadly weapon or severe loss causes the crime and leads to strict legal consequences.

What Constitutes A Deadly Weapon?

The Texas law is clear what qualifies as a deadly weapon. It is not limited to firearms and knives. According to the law, a deadly weapon may include any object that is capable of serious physical injury or death. For example:

  • Firearms: Including weapons, handguns and rifles.
  • Knives and other bladed objects: objects that can cause cuts or knife wounds.
  • Vehicles: A car can be used as a deadly weapon in cases of rage or careless driving.
  • Other objects: Everything from Baseball Tree to Crab can qualify as a deadly weapon if used to hurt someone.

What matters is how the object is used. Even one appears that harmless objects can become a malignant weapon if used to harm with the intention of causing serious injury.

The Elements Of Aggravated Assault With A Deadly Weapon

To be charged with aggravated assault in Texas,prosecutors must prove many elements beyond a correct doubt:

  • Intention: A person intends to cause serious physical injuries or use weapons to harm the victim.
  • Use of a deadly weapon: Weapons should be used in a way that enables it to cause serious injury or death. The occupation of a deadly weapon does not increase; It should be used in an attack.
  • Serious bodily injuries: If the weapon causes significant damage to the victim, such as broken bones, internal injuries or some injuries that can cause death, the charge could be aggravated assault.
  • The victim’s status: If the victim is a public employee, lawyer or contingency response, the penalty for aggravated assault according to the Texas law is even more serious.

Penalties And Consequences

Aggravated assault with a fatal weapon is classified as second degree felony in Texas. A penalty may contain serious punishment, including:

  • Prison time: Second degree felony can lead to prison for 2 to 20 years.
  • Penalties: In addition to prison, people who are guilty of aggravated assault may be fined up to $ 10,000.
  • Probation: In some cases, the court may offer probation instead of the time of prison, especially for criminals for the first time. However, the conditions for probation may be strict, and the person must follow certain conditions.

If a deadly weapon is used in an attack on a police officer or public employee, the charges can be extended to the first-degree felony, carrying more stiff punishment, including 5 to 99 years in prison.

Defenses Against Aggravated Assault Charges

While the aggravated assault is a serious crime, there are many rescues that can be raised to challenge the allegations. The most common rescues in Texas include:

  • Self-defense or to defend others: If the defendant worked in self -defense or avoided immediate damage to someone else, the accusation of an increased attack may not be relevant. The Texas Act allows people to protect themselves and others with the right strength, including the use of a deadly weapon.
  • Lack of intentions: If the defendant did not cause severe physical injury or used a deadly weapon, it may be a legitimate defense. For example, if the use of the weapon was random or injury was not severe, the charge could be reduced in a single attack.
  • Mistaken identity: Sometimes people are wrongly identified as a criminal for a crime. If the defendant can show that they were not involved in the attack, they may give up the claims.
  • Mental disability or madness: If the defendant was not under the control of his actions because of the question of mental health, they may use it as a defense. However, it can be difficult to prove mental disability in a criminal case.

Common Scenarios Involving Aggravated Assault

Aggravated assault with a deadly weapon can occur in different situations. Some common scenarios include:

  • Domestic violence: In many cases, aggravated assault arises from domestic disputes. If a weapon is involved, the claims are automatically more serious.
  • Road rage: A moment of frustration on the road can cause a dangerous confrontation, and the use of a weapon such as a gun or car may promote allegations of attack.
  • Bar Fights or Public Altercations: Physical conflicts can increase in public places, especially if a deadly weapon is used during the fight.
  • Retaliation or Revenge: Sometimes individuals commit aggravated assault as a revenge, using a weapon to harm someone they feel has wronged them.

The Legal Process

If charged with aggravated assault, the process starts with an arrest and investigation Following an arraignment, pre-trial motions may be filed. If the case goes to trial, both sides present their arguments before a judge or jury. If convicted, the defendant faces sentencing based on the offense’s severity.

How A Criminal Defense Lawyer Can Help

A skilled criminal officer can evaluate the case, challenge evidence and identify weaknesses in the prosecution arguments. They interact on petition agreements, reduce claims or seek smaller sentences. A lawyer can also provide significant legal advice, create a defense strategy and represent the defendant during testing to protect their rights.

Final Thoughts​

If one has been accused of an aggravated assault, having a criminal defense attorney with his or her back is paramount. L&L Law Group, Texas, is prepared to stand up for you to ensure that your rights are protected while providing legal counsel during the entire process. Call today to have your case evaluated and begin working on your defense to produce the best evaluation possible expected for your case outcome.

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Criminal Defense

Texas Domestic Violence Charges

Texas Domestic Violence Charges
Domestic violence is a serious problem faced by many families throughout Texas. Domestic violence is a common term that explains patterns of behavior in which one person seeks to control or dominate another person, within an intimate relationship. Texas has strong laws, harsh penalties and low tolerances for those involved in domestic violence charges.

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Texas Domestic Violence Charges: What You Need to Know

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John D.

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Texas Domestic Violence Charges

Domestic violence is a serious problem faced by many families throughout Texas. Domestic violence is a common term that explains patterns of behavior in which one person seeks to control or dominate another person, within an intimate relationship. Texas has strong laws, harsh penalties and low tolerances for those involved in domestic violence charges.

If you are facing domestic violence charges in Texas or know someone who is affected by domestic violence, it is important to understand the legal implications of the criminal justice system and the steps to take. This blog provides you with everything you need to know about Texas domestic violence charges including definitions, penalties, defenses, etc.

Domestic Violence In Texas

Domestic violence, under Texas law, includes physical harm, threats of harm, or some other form of abuse that is against a family or household member. Texas defines family members as current and former spouses, parents, children, individuals living together, and dating partners. Depending on the particular circumstances, abuse can be evident in physical, emotional, psychological, or financial abuse.

In Texas, any behavior that causes harm or instills fear of harm can be considered domestic violence. Some of this behavior includes hitting, kicking, choking, or simply threatening harm. In addition, continually belittling someone emotionally, or humiliating them, in a relationship to control another person could also be considered abuse. Financial control, for instance, restricting a partner’s access to money or controlling the ability to work, is also abuse.

Key Texas Domestic Violence Laws

The Texas law is specific about what constitutes domestic violence and how it is prosecuted. The most important legal provisions related to domestic violence in Texas are mentioned in the Texas criminal law and the Texas Family Code.

The Texas Penal Code Section 22.01 outlines assault as intentionally, knowingly, or recklessly causing bodily injury to another person, threatening another person, or causing physical contact with someone knowing they will find it offensive. If a family or domestic members are involved in this attack, it is classified as violence in the home. Based on the severity of injury and conditions in the case, domestic violence may vary from a Class A misdemeanor to a second-degree felony.

Texas Family Code controls protective orders related to domestic violence and other civil aspects related to domestic violence, such as custody of children in cases of domestic violence.

Penalties For Domestic Violence in Texas

The penalty for accusations of domestic violence in Texas varies depending on the severity of the offense. Crimes of domestic violence can lead to both criminal and civil consequences, including fines, probation, imprisonment, and long-term social consequences.

  • Misdemeanors: If a Class A misdemeanor, the defendant can be sentenced to up to 1 year in county imprisonment and a fine of up to $ 4,000. This usually applies in cases where the injury is less severe, or before crimes have a history.
  • Felony: If the crime involves a more serious injury or a repetition of a crime, it can be charged as a felony. The judgment of a third-degree felony may be in prison for 2 to 10 years, while a second-degree felony can lead to 2 to 20 years in prison. Felony is generally for more severe attacks or suffocating cases, involving strangulation, threatening with a weapon, or hospitalization.
  • Aggravating Factors: The former punishment or use of a weapon for domestic violence, such as domestic violence, can even cause stiffer punishment.

There are also long-term results in accusations of domestic violence that are outside the prison. Permanent criminal records, loss of custody of children, difficulty finding work, and stressful relationships with friends and family.

Defenses Against Domestic Violence Charges

If you are accused of domestic violence in Texas, there are many defenses that your lawyer can use to challenge claims. Here are some common defenses:

  • Self-defense: Texas Law lets individuals use the right amount of force to protect themselves from injury. If you worked in self-defense, your lawyer may claim that the force used to protect you from the actions of the alleged victim was needed.
  • False claims: Sometimes, individuals are falsely accused of domestic violence. This can result in a breakup, custody struggle, or a misunderstanding. Your lawyer can work to show that the claims are untrue.
  • Lack of intentions: To be convicted of domestic violence, the prosecution must prove that you intended to cause harm. If the loss was unknown or random, your lawyer could claim that there was no criminal intention.
  • No evidence of injury: In some cases, there can be no physical evidence of injury, and the claims can only be based on the accuser’s words. Your lawyer may claim that the allegations should be removed without enough evidence.

Impact Of A Domestic Violence Conviction

A penalty for domestic violence can have serious consequences, both legal and personal. Some permanent effects of domestic violence include:

  • Criminal record: A guilty plea will appear permanently on your criminal record, which makes it difficult to find work or housing.
  • Restraining orders: A domestic violence conviction often results in a protective order or restraining order. These orders can prevent you from contacting the victim or staying in your home, especially if it was shared with the victim.
  • Child custody: Domestic violence is doomed to influence your ability to get children’s custody or make it insecure.
  • Social stigma: Claims of domestic violence can cause the disclosure of personal matters, damage to your reputation, and social isolation.

What to Do if You’re Facing Domestic Violence Charges

If you’re facing domestic violence charges, immediately contact an experienced criminal defense attorney. Avoid contacting the alleged victim, especially if a protective order exists. Gather evidence to support your defense, stay calm, and follow court orders to prevent further legal complications. Act quickly to protect your rights.

Conclusion

Facing domestic violence charges in Texas can have significant legal and personal consequences. It is important to understand laws and potential defenses. If you face such claims, it is necessary to seek legal advice. Contact L&L Law Group today for reliable, experienced guidance through your legal process. Protect your rights and future.

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Criminal Defense

Common Types Of Fraud Charges In Texas

Common Types Of Fraud Charges In Texas
In Texas, fraud is a serious offense that carries severe legal penalties. The many kinds of fraud charges in Texas and the related punishments are essential for anyone who wishes to comprehend the legal risks of fraudulent behavior. This blog will discuss the most typical forms of fraud charges in Texas, their punishments, and how state law handles them.

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Common Types Of Fraud Charges In Texas And Their Penalties

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John D.

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Common Types Of Fraud Charges In Texas

In Texas, fraud is a serious offense that carries severe legal penalties. The many kinds of fraud charges in Texas and the related punishments are essential for anyone who wishes to comprehend the legal risks of fraudulent behavior. This blog will discuss the most typical forms of fraud charges in Texas, their punishments, and how state law handles them.

What Is Fraud?

According to the law in Texas, fraud occurs when any person intentionally deceives for personal gain or to cause them harm. Depending on the nature of the act and the damage caused, injury sustained, or the amount of money involved in the transaction. Moreover, the law will determine whether the act is a felony or a misdemeanor, that is, to set the appropriate punishment. There are several types of fraud, ranging from direct theft of money to the misrepresentation of information for personal gain. Texas views fraud as a serious criminal law violation if convicted, the defendant has to face severe penalties.

Common Types Of Fraud Charges In Texas

Texas law defines a few types of fraud, each with its sanction. Some of the charges individuals commonly face in the state of Texas are as follows:

1. Credit Card Fraud

One of the most commonly alleged crimes in Texas is credit card fraud. In its very simple essence, this means unauthorized use of credit cards or credit card information. Credit card fraud could involve stealing a credit card, using stolen account numbers to purchase items, or using forged credit cards. This fraud can be committed in person or online.
On the state level, credit card fraud is mainly recognized as a state jail felony and may entail penalties such as forced confinement and crippling fines. The severity of the charge can even be escalated if the amount of money involved is too large.

Penalties for Credit Card Fraud:

  • State Jail Felony: 2 years max in jail and potential fines of $10,000.
  • Third Degree Felony (for larger amounts): 2 to 10 years in state prison, with up to $10,000 fines.

2. Insurance Fraud

Insurance fraud occurs when a person cheats an insurance company to get benefits they do not deserve.This may include exaggerating the value of losses, staging accidents, or presenting false allegations for medical treatment. Insurance fraud is a serious crime, and Texas takes these crimes seriously, especially when involving large amounts or multiple victims.
Texas State Insurance fraud is classified as a third-degree felony, but the crime can be upgraded to a second-degree felony when the scam amount is sufficient.

Penalty for insurance fraud:

  • Third degree Felony: Fine of 2 to 10 years and up to $ 10,000 in prison.
  • Second degree Felony: 2 to 20 years in prison and a fine of $ 10,000.

3. Mortgage Fraud

Mortgage fraud happens when a hostage-loan applicant makes a mistake or gives false or misleading information to a lender so as to secure loan approvals for hosting. This may include providing income information errors, increasing property values ​​or using false documents.Mortgage fraud is a serious crime, as it can affect the housing market and lead to significant financial damage to both lenders and borrowers.
In Texas, hostage fraud is typically classified as a second-degree felony, which means it can result in long-term prison and a significant fine.

Penalty for mortgage fraud:

  • Second degree felony: 2 to 20 years in prison and a fine of $ 10,000.

4. Tax Fraud

Tax fraud involves deliberately reducing revenues or tax returns to reduce tax liability. This may include a lack of reporting of income, claims of false cuts, or providing misleading information to the tax authorities. Tax fraud is taken very seriously by both the state and the federal government, and it can give rise to both state and federal punishment.
In Texas, tax fraud is usually classified as a third-degree felony, but if fraud is big or involves federal tax issues, the penalty may be even more serious.

Penalty for tax fraud:

  • Third degree felony: Fine of 2 to 10 years and $ 10,000 in prison.
  • Federal tax fraud: Prison up to 5 years and a sufficient fine.

5. Wire Fraud

Wire frauds occur over electronic communications such as e-mails, phone calls, or the Internet are used to consummate a fraudulent scheme.This may include people who use misleading or digital funds online, so they can steal money or personal information. Wire fraud is usually charged as a third-degree felony in Texas, but if the scam is widespread or affects many people, the charges can be upgraded.

Criminal penalty for wire fraud:

  • Third-degree Felony: Fine of 2 to 10 years and $ 10,000 in prison.
  • Second-degree Felony (for large fraudulent schemes): Fines up to 2 to 20 years in prison and a fine of $ 10,000.

6. Securities Fraud

Securities fraud involves using investors by the stock market for misleading or financial gain. This may include insider trading, providing false or misleading information to investors, or manipulating stock prices.Securities fraud is regulated by both state and federal agencies and can lead to both civil and criminal offenses.
In Texas, securities fraud is usually classified as a second-degree felony, but if the scam is particularly large or harmful, it can be increased to the first-degree felony.

Penalty for Securities fraud:

  • Second-degree felony: 2 to 20 years in prison, and a fine of $ 10,000.
  • First-degree felony (for mass fraud): Fines up to 5 to 99 years in prison and a fine of up to $ 10,000.

Penalties For Fraud Charges In Texas

Penalty for fraud in Texas depends on the severity of the offense, the amount of money, and the specific type of scam. Generally, fraud crimes are classified either as misdemeanor or felony, and can vary from punishment to prison sentences.

  • Misdemeanor fraud: If the amount of money involved is small, fraud can be classified as a misdemeanor. This can lead to fines and up to one year in prison.
  • Felony fraud: Felony fraud is very severe and can result in several years in prison, heavy fines, and other legal consequences over the years. The severity of the claim of felony depends on the amount of money stolen or misrepresented.

Defenses Against Fraud Charges

If you are facing allegations of fraud in Texas, there are many defenses that you can use to protect yourself. Some common rescues include:

  • Lack of intentions: Fraud requires intentions to cheat. If you were not going to cheat or cheat someone, you may be able to defend yourself by showing that your actions were not conscious.
  • Mistaken Identity: Sometimes people are falsely accused of fraud. If you can prove that you were accused incorrectly, it may be a legitimate defense.
  • Innocent Mistake: If fraud was the result of a simple mistake or misunderstanding, it may be possible to claim that you did not work with criminal intentions.

Conclusion​

In Texas, allegations of fraud carry severe punishment, from severe fines to long prison sentences. Understanding what types of fraud and legal consequences can help you navigate the complex legal system if you ever face claims. If you are facing allegations of fraud, it is important to find a lawyer. In cases of fraud, contact L&L Law Group for legal advice and representation in fraud cases.

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Criminal Defense

Evading Arrest In Texas

Evading Arrest In Texas
In Texas, evading arrest is a serious offense. Whether it is charged as a felony or a misdemeanor depends on the specific circumstances of the incident. State laws are strict, and the results can be serious. Understanding the nuances of these claims is important for everyone who faces claims of arrest.

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Evading Arrest In Texas: Felony Or Misdemeanor?

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John D.

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Evading Arrest In Texas

In Texas, evading arrest is a serious offense. Whether it is charged as a felony or a misdemeanor depends on the specific circumstances of the incident. State laws are strict, and the results can be serious. Understanding the nuances of these claims is important for everyone who faces claims of arrest.

What Is Evading Arrest?

Evading arrest refers to the act of intentionally fleeing or resisting regulation enforcement officials who are seeking to understand a person. Under Section 38.04 of Texas Penal Code, someone commits the offense of evading arrest if they deliberately flee from an officer while the officer is making an attempt to lawfully arrest them. This can consist of running, taking walks, or fleeing in a car. The regulation is designed to save your suspects from being arrested, making sure that regulation enforcement can perform their obligations correctly and accurately.

Evading arrest is a vast term and may cover various situations, including attempts to break out arrest by jogging away from officials or riding away in a car. Regardless of the approach, the underlying detail is the planned attempt to avoid being arrested.

Misdemeanor vs. Felony: Key Differences

To fully understand the severity of the arrest, it is necessary to know the difference between a misdemeanor and a felony charge in Texas. A misdemeanor is a low serious criminal offense, usually less severe punishment. The offsets are classified in three categories: Class A, Class B, and Class C, with Class A being the most serious.

On the other hand, a felony is a very serious crime. Felonies in Texas are punishable by more than a year imprisonment, often in state prison, and can also result in significant fines. Felonies are divided into categories of severity, such as state jail felonies, third-degree felonies, second-degree felonies, and first-degree felonies.

When a person is accused of a crime, the punishment depends on how the law classifies the crime in light of the situation.

When Is Evading Arrest A Misdemeanor?

Typically, evading arrest is charged as a Class A misdemeanor in Texas. This is the case when a person runs or tries to run away from a person acting as an officer attempting to arrest them, without any more serious circumstances or factors.

For example, if a person takes off running on foot from the police officer attempting to arrest them without anything else, like involvement of a vehicle or other aggravating circumstances, they will likely have a misdemeanor. Class A misdemeanors in Texas provide for a punishment of up to one year in jail and up to a $4,000 fine.

When Is Evading Arrest A Felony?

Although evading arrest is normally a misdemeanor, there are certain situations that can cause it to become a felony, one of those being when the person flees from police officers by vehicle.

Vehicle Usage
Under Texas law, evading arrest is considered a third-degree felony when a person flees from the police via vehicle. A third-degree felony in Texas can result in a prison sentence of 2 to 10 years and a fine of $10,000. The usage of a vehicle in the commission of an evading arrest charge poses additional danger, both because a high-speed chase can increase danger to law enforcement officers as well as to citizens, and high-speed chases that lead to dangerous driving place the officer and the citizen in an even more dangerous position.

If a person is caught fleeing from the police in a high-speed chase or in any other dangerous way when evading arrest, the penalties will be much greater.

Prior Crimes or Evasion History
One of the other factors that could enhance evading arrest for a felony charge would be the person’s prior criminal history. If a person has been caught previously for evading arrest or for related charges, they may face a harsher charge. Repeat offenders can be charged with more severe felonies for even a relatively mild evasion.

Factors That Can Impact The Charge

The details of the evasion can change the seriousness of the charge. Officers are trained to recognize signs of evasion, and in some cases, different actions at the time of arrest can change the charge from a misdemeanor to a felony.

The Use of Force
If a suspect actively resists arrest or engages in violent behavior while evading, they could face elevated charges. For example, if a person’s actions include fighting with the officer, using a weapon, or any form of violent behavior, the charge could be increased from a misdemeanor to a felony offense.

Using a Vehicle
As described earlier, if a person used a vehicle to evade, that person is generally charged with a felony. In Texas, for the purposes of evading arrest, the use of a vehicle is deemed a more serious crime because it threatens public safety. When a person uses a vehicle, that person can operate it recklessly, which means there is a much greater chance they could injure others.

Officer’s Actions
The behavior and actions of the law enforcement officers also play a role in this too. If the officer was trying to arrest a person and provided no probable cause or took improper actions to effect his arrest, then this may complicate the charge. However, this would not exonerate that person from casual criminal responsibility for fleeing.

What To Do If Charged With Evading Arrest

Being charged with evading arrest in Texas is a serious matter, and those facing such claims should seek legal advice immediately. The results of a penalty are serious, and the case should be handled carefully.

A criminal law attorney can help the lawyer arrest, review and ensure that the accused rights were maintained throughout the process. Lawyers with specialized knowledge in criminal defense can detect potentially legal defenses, negotiate plea agreements, and provide strong representation in court.

Defenses To Evading Arrest Charges

Numerous defenses are available to those accused of evading arrest in Texas. Some common defenses consist of:

  • Mistaken Identity: Sometimes, people can be wrongly accused of evading arrest when they were not the intended target of the officer’s action. A defense lawyer could argue that the individual was in the wrong region at the wrong time.

  • Lack of Knowledge: Sometimes, a man or woman may not have recognized that the police officer was looking to arrest them. If an officer didn’t discover themselves or the situation became unclear, the protection may additionally argue that the character had no intent to escape or stay away from.

  • Unlawful Arrest: If the arrest becomes illegal or the officer has no probable cause, the defense may argue that the arrest itself is invalid and that the individual should not be charged with evading it.

To Summarize

Evading arrest in Texas is a serious criminal offense with different results based on circumstances. If a vehicle was used in theft work, it is an important factor in determining whether a crime is a misdemeanor or a felony. If you or an acquaintance is facing allegations of arrest, it is necessary to understand the severity of the allegations and seek immediate legal aid.

Are you facing evading arrest charges in Texas? Do not face the legal system alone. Contact an experienced criminal defense lawyer who can help you guide your rights and guide you through this challenging process.

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Criminal Defense

Robbery vs. Aggravated Robbery in Texas

Robbery vs. Aggravated Robbery in Texas
Robbery is a serious crime in Texas, but with a few added elements, say a weapon or a serious injury, it becomes a more serious aggravated robbery. It is important to understand the difference between these two offenses if you or someone you know is facing charges. Let's look at the difference between robbery and aggravated robbery under Texas law.

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Robbery vs. Aggravated Robbery in Texas: Key Differences

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John D.

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Robbery vs. Aggravated Robbery in Texas

Robbery is a serious crime in Texas, but with a few added elements, say a weapon or a serious injury, it becomes a more serious aggravated robbery. It is important to understand the difference between these two offenses if you or someone you know is facing charges. Let’s look at the difference between robbery and aggravated robbery under Texas law.

What Is Robbery in Texas?

Stealing is only one aspect of robbery. According to Section 29.02 of the Texas Penal Code, robbery occurs when someone steals something and either injures the victim or threatens to do so. Stated differently, it is stealing accompanied by violence or the fear of violence.

You do not have to carry a weapon to be charged with robbery. The main topic of discussion is the use of force or the threat of using force when stealing. Robbery can even include throwing someone down while snatching their phone.

Example:
If someone snatches a woman’s purse and shoves her to the ground in the process, that’s not just theft, it’s robbery.

What Is Aggravated Robbery in Texas?

Section 29.03 of the Texas Penal Code defines aggravated robbery. It is a more severe kind of robbery with more dire repercussions. Any of the following situations can make a robbery worse: 

  • During the crime, a lethal weapon is either displayed or utilized.
  • The sufferer sustains severe physical harm.
  • The victim is crippled or elderly (65 years of age or older)

A knife, pistol, or simply an item that has the potential to kill or seriously injure someone might be considered a lethal weapon. Robbery can be converted to aggravated robbery only by displaying the weapon or suggesting that it is present, even if it is not utilized.

Main Differences Between Robbery and Aggravated Robbery

Let’s look at what separates these two charges.

1. Use of a Weapon

  • Robbery: No weapon is needed
  • Aggravated Robbery: Involves an actual or threatened lethal weapon

2. Level of Injury

  • Robbery: There may be only a threat or only minor injuries
  • Aggravated Robbery: Needs to include bodily damage or severe injury

3. Victim’s Condition

  • Robbery: The Victim can be any person
  • Aggravated Robbery: Even in the absence of a weapon or injury, a robbery is automatically considered aggravated if the victim is elderly or incapacitated

4. Penalty

  • Robbery: Second-degree felony
  • Aggravated Robbery: First-degree felony

Penalties for Robbery and Aggravated Robbery in Texas

Robbery (Second-Degree Felony)

  • Between 2 to 20 years in prison
  • $10,000 in fines
  • Depending on the circumstances and criminal history, probation may be possible

Aggravated Robbery (First-Degree Felony)

  • 5 to 99 years in jail or life in prison
  • $10,000 in fines
  • Probation is less likely, particularly if a weapon was used or someone was gravely injured.

Unless you are pardoned or have your record expunged, which is uncommon for serious crimes, both acts are felonies and will remain on your record for the rest of your life.

Real-Life Examples in Texas

Robbery: A woman is followed by a man in a parking lot. He grabs her purse and pushes her to the floor. Fortunately, she was not seriously injured, but reported it because she was afraid. Because he used physical force to steal, this is robbery.
Aggravated Robbery: A second man enters a tiny shop with a knife. He threatens the clerk with it and removes cash from the register. The knife is in plain sight, but no one is harmed. Because he threatened with the knife even if he didn’t use it, this is aggravated robbery.

Even if the crime were unarmed, it would still be considered aggravated robbery if the same clerk were 70 years of age or incapacitated.

How Texas Prosecutors Decide the Charge

When Texas police and prosecutors decide how to charge a suspect, they look at several things:

  • Did the suspect use or display a weapon?
  • Was the victim injured severely?
  • Did the suspect target a vulnerable victim (like the elderly or disabled)?
  • Did the suspect make a clear, specific threat or threats?
  • What do the surveillance cameras show?
  • Are there any witnesses or witnesses that can be found?

In addition to these factors, the prosecutor will also check your criminal history. If you have multiple prior convictions for theft or assault, they may make a greater push for you to be charged with the aggravated offense, and you may be facing a significantly greater punishment.

Defenses Against Robbery Charges

If you have been charged with robbery or aggravated robbery, you should not assume that you are guilty. There may be several defenses available depending on the facts:

1. Lack of Intent: You must have a purpose to steal. If there was no intention to steal, this may not constitute robbery.
2. No Threat or Use of Force: Again, if you did not hurt, push, or threaten anyone, this may be theft, not robbery.
3. Wrong Accusation or Wrong Identity: Perhaps someone else committed the crime, and you are being accused incorrectly.
4. No Weapon Was Present: If you are charged with an aggravated robbery, but no weapon was produced or shown, this could serve as a reasonable defense that your charge should only be a robbery charge instead of an aggravated robbery.

A qualified defense attorney will look at the evidence, contact any witnesses, and present a case to argue your version of events in court. Do not assume, because you are being accused of robbery, that you have to defend yourself. In Texas, robbery laws are strict, and the penalties are serious.

What to Do If You’re Charged

If you are arrested for robbery or aggravated robbery in Texas, follow these steps:
1. Remain Silent: Don’t speak to police or investigators without legal representation present. Police can and will use anything you say against you.
2. Get legal help: The quicker your defense attorney works on your case, the better your chance of having the charges lessened or disputing the facts.
3. Secure evidence: If you have an alibi, a witness who can prove you were not involved, or a video that can also prove you were not involved in the robbery, provide copies of that evidence to your lawyer.

In felony charges, timing is crucial. The sooner you can get an attorney to develop a defense, the stronger your case will be at trial.

To Summarize

In Texas, robbery and aggravated robbery are very serious crimes. Aggravated robbery is even more serious. The law increases the severity of the offense very quickly if there is a weapon, someone is seriously injured, or the victim is aged or disabled. There are more severe consequences to aggravated robbery, and knowing the law can help you remain informed and avoid experiencing criminal trouble, which could change your life forever.

If you’ve been charged with robbery or aggravated robbery, the knowledgeable attorneys at L&L Law Group can help protect your rights and fight for your future. Contact us today for a private consultation.

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Criminal Defense

Intent to Deliver

Intent to Deliver

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What ‘Intent to Deliver’ Really Means Under Texas Law

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John D.

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Intent to Deliver

In Texas, a basic drug possession charge escalates substantially if the police or prosecutors develop evidence or believe you had the intent to deliver the drugs. This does not just mean selling drugs off a corner. You can still face this charge regardless of whether you have never delivered anything to anyone.

Texas drug laws are strict and harsh. If the evidence suggests you intended to deliver, distribute, or give drugs to others, you can face serious consequences. And while you may think it was only a misunderstanding, the law considers intent as much as actual action.

What Does ‘Intent to Deliver’ Mean?

The term “intent to deliver” appears in Texas drug statutes when a person possesses drugs and is suspected of having the intent to deliver to someone else. This doesn’t mean cash has to be exchanged in hand. Whether a friend was simply receiving drugs or you intended to pass them to a friend, you can still be charged under the Texas Controlled Substances Act.

The law analyzes intent–what you intended to do. If the state proves that when you possessed the drugs, you had more than immediate consumption purposes in mind, and that sale and delivery plans existed in any form, you may be charged with a felony.

How Is ‘Intent’ Proven?

Establishing intent doesn’t occur when the sale is happening.Texas courts will allow circumstantial evidence when direct evidence is lacking. Officers and prosecutors will analyze the circumstances around the case to argue that you intended to distribute drugs.

Here are the common categories of evidence that could be introduced to prove intent:

  • Amount: A small amount can be easily interpreted as personal use, while a large amount raises suspicion. If you possess more than a user would typically carry, the police may assume you are distributing.
  • Distribution Equipment: If packaging supplies like baggies, containers, or a scale are present, it can imply that you planned to separate the drugs and distribute them.
  • Cash: A large quantity of cash can imply different payments for the delivery of drugs. Especially if the cash is in small bills, this is a common indication of drug sales.
  • Firearms: If firearms or other weapons are present, this can strengthen an argument of intent to distribute.
  • Text Messages: Your phone can enter the courtroom with you as evidence against you. Even if no delivery of drugs occurred, the police could look at your text messages or other conversations and see them as transactions, which would be particularly damaging to your case.

The law doesn’t require all these things to be present. Even just one or two could be enough to build a case against you.

Examples of Intent to Deliver Situations

Imagine being stopped for a traffic violation. After smelling marijuana, the officer requests to examine the vehicle. They discover seven hundred dollars in cash, a digital scale, and multiple tiny baggies full of marijuana inside the glove box. They can conclude that you probably intended to sell based on that.

Or perhaps a noise complaint prompts a police search of your unit. They discover a loaded revolver, dozens of prescription-free drugs, and a notebook filled with names and numbers. You could still be charged with intent to deliver even if no sale was made.

Sometimes, you might not even be aware that those drugs were there. However, the state may contend that you had control over them and meant to do so if they are discovered in your house, vehicle, or backpack and intended to be distributed.

Penalties for Intent to Deliver in Texas

Texas uses Penalty Groups to classify drug offenses. Each group has its own set of substances, like cocaine, meth, heroin, or even prescription drugs. The amount of that substance you have with you also greatly impacts the punishment.

The typical breakdown of the fines goes like this:

  • State Jail Felony:State Jail Felony: Penalty Group 1 Substance: Less than a gram: fine up to $10,000; jail time from 180 days to 2 years.
  • Second Degree Felony: 1-4 grams: Punishable by jail time of 2 to 20 years and a $10,000 fine.
  • First-degree Felony: 4-200 grams. You could face 5-99 years in jail or even life imprisonment, with a possible $10,000 fine.

Simply put, even a small amount can ruin your future if your intentions are to distribute.

Defending Against Intent to Deliver Charges

Facing charges doesn’t mean you are guilty. Through competent defense, it may be possible to drop the charges or get discharged completely.

Some common defense types include:

  1. No Intent to Deliver: The intent here is to allege that the drugs were for the person’s own use rather than anyone else’s. A lack of packaging, a lack of sales collection, or a lack of communication with buyers can help support this claim.
  2. Illegal Search: If the police did not have a warrant or ample legal reason to search you or your property, your lawyer can request that the court suppress evidence. Suppressed evidence may actually weaken or destroy the case.
  3. No Knowledge of Unlawful Substance: If someone left drugs in your vehicle or your home, without your knowledge, it is a full defense.
  4. No Possession: Just because drugs are found on or near you, it does not mean those drugs belong to you. The state is required to prove that you had control of those drugs.

Whether your arrest will warrant a successful defense depends on the facts of your arrest. For this reason, you should never try to defend those charges yourself.

What to Do If You’re Charged

If you’re charged with intent to deliver, stay calm and don’t talk to the police. Use your right to remain silent and ask for a lawyer immediately. Avoid posting online and don’t try to explain yourself. Let your attorney take over all communication, collect evidence, and organize the defense for you.Quick legal help can protect your future.

How a Lawyer Can Help?

A defense attorney understands how to poke holes in the state’s case. Here are ways they can:

  • Review how the drugs were found and challenge whether the search was lawful.
  • Review the evidence and contend that it cannot support intent to deliver.
  • Negotiate for lower charges or dismissal when a case is weak.
  • Defend you in court if your case goes to trial.

You don’t have to go through it alone. Having the right lawyer can make a world of difference.

Conclusion

Intent to deliver charges in Texas are serious and can last a lifetime. Even if you did not intend to sell drugs, the evidence may show the opposite. You may avoid pending complications by knowing your rights, remaining silent, and securing legal representation early. 

Protecting yourself and your future is paramount. Facing a charge with intent to deliver? Contact L&L Law Group. Here, the Texas attorneys are prepared to advocate for you. We will fight for your freedom and help you the entire way. Call us now to schedule your free consultation.

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Criminal Defense

Texas Drug Possession Laws

Texas Drug Possession Laws

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Texas Drug Possession Laws: What Counts as a Felony?

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John D.

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Texas Drug Possession Laws

If you get caught with drugs in Texas, you can face very serious charges and, in some scenarios, felony charges. Whether you are holding marijuana, cocaine, or meth, the law is easy to understand. In most situations, the quantity and type of drug you possess would elevate a basic charge to a felony. That means penitentiary time, heavy fines, and a criminal record for life.

Here’s a closer look at how Texas defines felony possession of drugs. Moreover, under what circumstances could you face charges that are more serious than a simple misdemeanor.

Texas Drug Laws: The Basics

Texas categorizes controlled substances into groups called Penalty Groups. These groups include certain drugs that fall under each category, and the punishment will depend on the specific category of the drug. 

Here’s a quick overview:

Penalty Group 1: Cocaine, heroin, meth, fentanyl, and others. These drugs carry the harshest penalties. 

Penalty Group 1-A: LSD and similar hallucinogens.

Penalty Group 2: MDMA/Ecstasy, PCP, and synthetic THC. 

Penalty Group 2-A: Synthetic cannabinoids, K2, or Spice. 

Penalty Group 3: Prescription drugs (Xanax, Valium, etc.) with no prescription. 

Penalty Group 4: Low-dose narcotics combined with non-narcotic ingredients. 

Marijuana is handled separately. It’s not in a penalty group, but the legal risks are serious.

What Makes Drug Possession a Felony in Texas?

Drug possession charges are not always felonies.A few things, however, can very quickly turn a charge into a felony.  

When possession becomes a felony, the following occurs:

  • Even if it’s for personal use, you have a lot of the drug.
  • You have a hard substance, such as meth or heroin.
  • You are near a drug-free zone, school, or daycare.
  • You have preconceived notions.
  • Baggies, scales, or significant sums of cash are among the goods that police locate that indicate intent to sell.

Certain drugs may qualify as felonies even in small dosages. For instance, there may still be jail time for fewer than one gram of cocaine. 

Breakdown by Penalty Group: Felony Thresholds

Different rules apply to each penalty group.The criminal charges and restrictions on drug type and quantity are listed below.

Group 1 Penalty (Cocaine, Heroin, Meth): 

  • State Jail Felony = less than 1 gram
  • Third-Degree Felony = 1– 4 grams
  • A second-degree felony = 4–200 grams
  • First degree felony = 200 to 400 grams
  • 400 grams = life or 10–99 years.

Group 2 Penalty (PCP, Ecstasy)

  • Felony in State Jail = less than 1 gram
  • Third-Degree Felony = 1–4 grams
  • A second-degree felony = 4–400 grams.
  • First-degree felony = 400 grams or more.

Groups 3 and 4 Penalties (Prescription Meds W/O  RX)

  • Less than 28 grams = misdemeanor.
  • A third-degree felony = 28–200 grams.
  • Second-degree felony = 2 to 400 grams.
  • First-degree felony = 400 grams or more.

Marijuana

  • Class B Misdemeanor = 2 ounces
  • Class A Misdemeanor = 2–4 ounces
  • State jail felony = 4 oz to 5Ibs 
  • Third-Degree Felony = 5–50 Ibs
  • A second-degree felony = 50–2,000 Ibs.
  • 2,000 pounds or more is a first-degree felony.

Additionally, marijuana concentrates, such as wax or oil, are subject to harsher laws and, even in small quantities, can result in felonies.

Types of Felony Charges for Possession

There are four primary felony levels for drug possession under Texas law. Each level has its own fine and punishment ranges. 

State Jail Felony

  • In a state prison, 180 days to 2 years
  • $10,000 in fines
  • Common charges for having less than one gram of a dangerous drug.

Third-Degree Felony

  • 2 to 10 years in prison
  • $10,000 in fines
  • Applies to moderate amounts or repeat offenders

Second Degree Felony

  • 2–20 years in jail
  • $10,000 in fines
  • Includes higher drug dosages or usage in specific areas.

First-Degree Felony

  • Life in jail or 5 to 99 years
  • $10,000 in fines
  • Reserved for severe situations or large amounts

When Charges Get Even Worse: Enhancements

Sometimes, your charge can be aggravated by additional factors. These aggravating factors are referred to as enhancements, and they substantially increase the stakes. 

Common Enhancements include:

  • Arrested in a drug-free zone such as school, youth center, or park
  • Having weapons on you at the time of arrest.
  • Prior felony convictions 
  • Involvement of minors 
  • Possession with intent to distribute, even if not selling

The police may charge you with “intent to deliver” just because you had baggies, a digital scale, or large amounts of cash on you.

Consequences Beyond Jail

A felony drug conviction can affect you long after you’ve completed your sentence.

Here are just some of the long-term consequences:

  • A permanent criminal record
  • Loss of voting rights and gun rights
  • Difficulty finding housing or employment
  • Loss of professional qualifications
  • Suspension of your driver’s license
  • Deportation if you are not a citizen

Even if you are not imprisoned, a mark on your record can affect almost all components of your life.

What to Do If You’re Charged With Felony Drug Possession?

If you are charged with felony drug possession, the most important step is to hire a qualified Texas defense attorney. Don’t attempt to handle this by yourself.

A lawyer Can Assist You With:

  • Scrutinizing the arrest for illegal searches and/or police error
  • Questioning lab results or chain of-custody
  • Challenging the suppression of illegally obtained evidence
  • Negotiating for lower charges
  • Searching for diversion programs or treatment options

You may have options like:

  • Pretrial diversion for first offenders
  • Drug court programs
  • Deferred adjudication, which could prevent a conviction

An experienced attorney would know what would work best depending on the particulars of your case, your record, and your arrest details.

Conclusion

Drug possession laws in Texas carry very heavy penalties, and felony charges can come quickly. Just one accidental misstep can carry years of consequences. If you unknowingly have a serious drug in your pocket, or you just happen to get unlucky, you could be facing felony time. 

Your best option now is to be educated, know your rights, and talk with a lawyer right away. Not only the amount of drugs, but also the charges can affect your future. With the correct assistance, you might be able to lessen the harm or possibly avoid a felony conviction entirely.

Are you facing a drug felony charge? L&L Law Group can assist you. Our skilled criminal defense lawyers in Texas will defend your rights and strive to safeguard your future. Get the legal advice you require before it’s too late by contacting us today for a private consultation.

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Criminal Defense

Car Search Laws in Texas

Car Search Laws in Texas

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When Can Police Search Your Car Without a Warrant in Texas?

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John D.

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Car Search Laws in Texas

In Texas, police officers do not always need a warrant to search your vehicle. Although your right to privacy is protected by the Fourth Amendment, there are a few exceptions that allow officers to legitimately search vehicles without the permission of a judge. These exceptions apply to cars specifically, as they are inherently mobile, and evidence and therefore justification can disappear very quickly. 

However, just because a car is mobile does not mean that officers may search any car they want, at any time. Police officers still need to have certain articulable reasons, such as probable cause or your consent. Knowing when it is reasonable and lawful for your car to be searched allows you to protect your rights and respond appropriately in a calm manner when the matter arises.

Why Are Cars Treated Differently?

Unlike your home, your vehicle is mobile. Police may take faster action than in your house. They are trying to safeguard evidence that they think will be lost if they do not act quickly. The courts have recognized this reality and have established special rules for vehicles, referred to as the “automobile exception.” Under the automobile exception, police can search a car without a warrant under certain circumstances.

However, that does not mean anywhere, anytime, for any reason, police can search a car. Texas law still requires police to follow established guidelines about what they can search and when. Below are the main instances in which a search without a warrant is permissible in Texas.

Probable Cause (Automobile Exception)

Police can inspect your automobile if they hold probable cause to think there is evidence of a crime, illegal items, or contraband. “Probable cause” means that police must hold a reasonable belief based on fact, not intuition or a hunch.

For Example:

If an officer can smell marijuana emanating from inside your vehicle, the smell is sufficient for a search under Texas law. That one smell gives the officer probable cause for a search.

An officer can also search your vehicle if they see in plain view drug paraphernalia or stolen property. The officer can seize the items and search the car.

Key Points:

  • The vehicle must be capable of being driven away.
  • Officers must have specific reasons, not merely general suspicion, as a pretext.
  • Officers can search the whole vehicle, including glove compartments, trunks, and containers.

Consent Search

You can always refuse police to search your car, but if you give consent, police can search your car, even if they do not have probable cause or it is not the same as a warrant. This is called a consent search.

Things to know:

  • Your consent must be voluntary.
  • You can revoke your consent at any time.
  • Officers are not required to tell you that you can refuse.
  • In case you’re not sure, you can say, “I do not consent to any search.

Search Incident to Arrest

When police arrest you for a valid reason, they might be allowed to search your car. This rule has limitations. According to U.S. Supreme Court case law (Arizona v. Gant), they can only search:

  • Items and areas within your reach at the time of the arrest.
  • If they have a belief that the motor vehicle contains evidence that would relate to the reason for the arrest.

So, for example, you cannot just be arrested for a traffic ticket, and then the police dig into your trunk without some other legal basis.

Plain View Doctrine

If an officer views something illegal in your car, not opening anything, whatever it may be, like a gun, drugs, or open alcohol, the officer can act on it. This is called the plain view doctrine.

Conditions For This Rule:

  • The officer must be in a position to lawfully see the item based on the probable cause.
  • The officer must be able to see it based on probable cause, and the item must be recognizable as illegal or evidentiary in court (e.g., cocaine and/or legal justification or probable cause for the belief that it was associated with other crime).

In other words, if you leave something illegal or suspicious on your dashboard, the police do not need your consent to search further.

Exigent Circumstances

Exigent means “urgent.” In emergencies, police can search your vehicle without a warrant or your consent.

Examples may include:

  • Someone is about to destroy evidence.
  • A public safety concern.
  • Chasing someone who has fled into their vehicle.

These situations are rare, but the courts allow it to protect people or preserve important evidence.

Inventory Search After Impound

If your vehicle has been legally impounded, police can carry out an inventory search. This search is not for evidence but to list what is in your car in case it is stolen or damaged.

An inventory search is only valid if:

  • There was a lawful impound.
  • The search is conducted by standard police procedures.
  • The search is not being done to investigate a crime itself.

For example, if your car was towed following a DUI arrest, the officers can inventory everything inside your car. If some illegal items inside your car were discovered in the inventory, that information can be used against you in court.

Protective Search (Officer Safety)

If officers possess some belief that you are potentially dangerous, they can do a limited search of anywhere you can access, which is often called a Terry frisk for vehicles.

They can search the front seat, under the seats, or in the glove box to simply check for weapons. The officers cannot search the entire car unless another legal rule comes into play.

Curtilage Exception - Where the Car Is Parked Matters

If your car is located on private property, like in your garage or behind a fence on your property, police likely need a search warrant.

In Collins v. Virginia, the Supreme Court held that officers cannot use the automobile exception when the vehicle is parked within the curtilage of the home (or area of protection around your house). So, the location of your vehicle matters. Laws are stricter when your vehicle is not in the public’s view or located on private property.

What If You’re Pulled Over in Texas?

Here’s what you need to know during a traffic stop:

  • Be calm and respectful.
  • You must show your driver’s license, insurance, and registration.
  • You do not have to let them search your car.
  • You can ask, “Am I free to go?”
  • You can clearly say, “I do not consent to a search.

Remember, refusing a search is your right and doesn’t mean you’re guilty. Officers must still have a legal reason to search.

What Happens if Police Violate the Rules?

If police search your car illegally, your lawyer can ask the court to throw out the evidence. This may weaken the case. Know your rights and seek legal help

Conclusion

Understanding when police are permitted to search your car without a warrant will keep you informed and relaxed when you are stopped. 

Always keep your rights in mind and always be respectful. If you believe your rights have been violated, do not hesitate. 

Schedule a free consultation with L&L Law Group and tell us what happened we will walk you through your choices and what to expect.

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Criminal Defense

DUI vs. DWI in Texas

DUI vs. DWI in Texas

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DUI vs. DWI in Texas: Key Differences and Legal Consequences

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John D.

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DUI vs. DWI in Texas

In Texas, the legal system takes impaired driving seriously; in fact, there are two separate terms for alcohol- or drug-related offenses behind the wheel: DUI and DWI. While people often use these terms interchangeably, they refer to different charges under Texas law. 

Knowing the difference between a DUI (Driving Under the Influence) and a DWI (Driving While Intoxicated) is crucial, especially if you or someone you know is facing charges. Each has distinct legal standards, penalties, and long-term consequences.

What Is a DWI in Texas?

In Texas, DWI stands for “Driving While Intoxicated.” It is a criminal offense that applies when an adult operates a motor vehicle in a public place while lacking the normal use of physical or mental faculties due to alcohol, drugs, or a combination of both. This can also include having a blood alcohol concentration (BAC) of 0.08% or more.

Texas law, under Penal Code Section 49.04, makes DWI a Class B misdemeanor for a first offense, but the severity increases depending on the facts. For example, if your BAC is 0.15% or higher, you may face a Class A misdemeanor. If a child is in the car, or if an accident results in injury or death, felony charges can follow.

What Is a DUI in Texas?

DUI in Texas is short for “Driving Under the Influence” of alcohol, but the term only applies to minors—individuals under the age of 21. Under Texas Alcoholic Beverage Code Section 106.041, a minor can be charged with DUI for operating a vehicle with any detectable amount of alcohol in their system, even if their BAC is below 0.08%.

Texas follows a strict zero-tolerance policy for underage drinking and driving. That means even one sip of alcohol can lead to a DUI charge if the driver is under 21. Unlike DWI, DUI is generally treated as a Class C misdemeanor for a first offense and carries lighter penalties, but it still creates a permanent mark on a minor’s record.

Key Differences Between DUI and DWI in Texas

1. Age of the Driver

The most straightforward difference is age. DUI applies only to drivers under 21, while DWI charges apply to adults 21 and older.

2. Alcohol Concentration and Proof

A DWI requires proof of impairment or a BAC of at least 0.08%. In contrast, a DUI requires no proof of impairment—just proof that any alcohol was present in a minor’s system.

3. Severity of Charges

DUIs are typically Class C misdemeanors, which can result in a fine but not jail time for a first offense. DWIs, on the other hand, often involve jail time, higher fines, and longer license suspensions, even on the first offense.

4. Court Process

DUI cases are usually handled in municipal or justice of the peace courts, while DWI cases are heard in county-level criminal courts. DWI charges also involve more complex legal procedures and often require stronger legal defense strategies.

Legal Consequences of a DUI in Texas

Even though a DUI is considered a less serious offense than a DWI, the penalties are far from negligible. For a first offense, a minor may face:

  • A fine of up to $500
  • Mandatory alcohol awareness classes
  • 20 to 40 hours of community service
  • A driver’s license suspension for maximum up to 60 days

Subsequent offenses carry harsher penalties, including steeper fines, longer license suspensions, and the possibility of confinement in a juvenile detention center.

Legal Consequences of a DWI in Texas

DWI penalties are more severe and increase with each additional offense. A first-time DWI offense in Texas can result in:

If the offense includes aggravating factors like a high BAC, child passengers, or bodily injury, the charges can escalate to a felony. Felony DWI convictions can include prison time, loss of civil rights, and long-term financial and personal consequences.

Testing and Arrest Procedures

When stopped for suspected impaired driving, law enforcement may use field sobriety tests, breathalyzers, or even blood draws to assess intoxication. Texas has an implied consent law, meaning that by driving, you automatically agree to these tests. Refusing a test can result in immediate license suspension – even if you’re later found not guilty of DUI or DWI.

Can a Minor Be Charged with a DWI?

Yes. While DUI is the typical charge for minors, a person under 21 can still face a DWI if their BAC is 0.08% or higher or if they are impaired while driving. In such cases, the minor would face the same legal consequences as an adult charged with DWI, including possible jail time.

Common Legal Defenses

Whether charged with DUI or DWI, you have the right to defend yourself in court. Common defense strategies include:

  • Improper traffic stop: If the officer lacked probable cause, the case may be dismissed.
  • Faulty test results: Breathalyzer or blood test results can be challenged due to improper calibration or handling.
  • Violation of rights: If law enforcement failed to follow proper legal procedures, the case may be weakened.

A skilled criminal defense attorney can evaluate your case and develop a strategy to protect your rights and reduce the impact of the charges.

Long-Term Consequences

Both DUI and DWI convictions can have lasting effects beyond the courtroom. These include:

  • Higher insurance premiums
  • Trouble with college applications or financial aid (especially for minors)
  • Difficulty finding employment
  • Potential disqualification from certain professional licenses
For repeat offenders, the consequences only grow more severe, including felony records that cannot easily be expunged.

Final Thoughts

Driving under the influence is never worth the risk—legally, financially, or personally. In Texas, being a minor found with even a trace of alcohol or an adult driving with a high blood alcohol content (BAC) can lead to serious consequences. Knowing the difference between DUI and DWI can help you make informed choices and safeguard your future.

If you or someone you know is dealing with DUI or DWI charges, don’t try to manage it by yourself. The skilled legal team at Landllawgroup.com is ready to assist you through the process.