Posted on June 07, 2023 in Criminal Defense

True crime stories have been very popular in recent years. The details of murder cases and other real-life incidents involving criminal investigations and prosecutions can be fascinating. In addition to providing insight into why people commit crimes, these stories can demonstrate how the legal process works and the strategies that criminal defense attorneys may be able to use to help clients avoid convictions. One recent true crime series that was created by HBO, Love and Death, detailed the story of accused murderer Candy Montgomery, who was represented by Don Crowder, the father-in-law of our founding attorney, Darlina Crowder.

Don Crowder’s Defense of Candy Montgomery in Collin County

In 1980, Candy Montgomery, a 30-year-old housewife and mother living in Wylie, Texas, was charged with the murder of Betty Gore. Mrs. Montgomery had been having an affair with Mrs. Gore’s husband, Allan Gore, and although they had ended their relationship, their families were still friendly with each other due to their participation in their church and their children going to school together. On June 13, 1980, Mrs. Gore reportedly confronted Mrs. Montgomery about the affair, and this led to Mrs. Montgomery killing Mrs. Gore with an ax.

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 Posted on May 26, 2023 in Criminal Defense

Criminal charges related to controlled substances can be very serious. Those accused of possessing, selling, or distributing these substances may be charged with drug crimes, and they may face harsh penalties if convicted. While many drug crimes are charged at the state level, there are some situations where people involved in these cases may face federal drug trafficking charges. By understanding the activities that could potentially lead to federal charges and working with an attorney who has experience defending clients in federal courts, alleged offenders can take steps to defend themselves.

Actions and Offenses Related to Drug Trafficking

The laws of the United States make it illegal to distribute, manufacture, or possess with the intent to distribute or manufacture controlled substances. There are a number of reasons people may be accused of violating these laws, including:

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 Posted on May 19, 2023 in Criminal Defense

Over the past few decades, several high-profile cases have involved inappropriate relationships between teachers and students. In Texas, there are laws that specifically prohibit these types of relationships, and teachers who have sex with students or otherwise engage in sexual conduct involving minors may face criminal charges. However, there may be some confusion about whether these prohibitions extend to other types of educators or people who work at a school. By understanding who is covered by these laws and when a person may face accusations of crimes against children, those who could potentially face criminal charges can be prepared to defend themselves should the need arise.

Laws That Affect Relationships Between Educators and Students

The Texas Penal Code defines an offense known as "improper relationship between educator and student," making it a crime for a teacher or other educator to engage in sexual intercourse or sexual conduct with a student at a school where they work. Specifically, the law prohibits these types of relationships with students at elementary schools and high schools, regardless of whether a school is public or private. Notably, college students are not covered by this law, although if a professor or other employee at a college engages in sexual conduct with a student who is younger than 17 years old, they could potentially be charged with an offense such as sexual assault of a child or indecency with a child.

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 Posted on May 15, 2023 in Criminal Defense

Offenses that are classified under the category of white-collar crimes may seem to be less serious than some other types of criminal charges. These crimes are usually of a financial nature, and they may not involve any direct contact between an alleged offender and the alleged victim(s). Unlike violent crimes or sex crimes, they usually will not result in physical harm. However, because white-collar crimes may lead to significant financial losses for individuals, financial institutions, or other businesses or organizations, they are taken very seriously by law enforcement, and in some cases, those who are accused of these offenses may face federal charges.

Financial Crimes and Other Related Federal Offenses

When white-collar crimes occur at a smaller scale, affecting a limited number of people or taking place within a specific geographical area, they may be limited to state-level charges. However, larger-scale offenses that affected people in several states or involved the transfer of money across international borders are more likely to be prosecuted at the federal level. "Interstate or foreign commerce" is a key element in many of these cases, and federal officials may prosecute people for offenses that allegedly involve the movement of money or assets throughout several states or countries.

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 Posted on May 04, 2023 in Criminal Defense

The circumstances surrounding a charge of driving while intoxicated (DWI) can vary significantly. While DWI is a serious criminal offense, first-time offenders will usually be charged with a Class B misdemeanor. They will be required to serve a minimum sentence of 72 hours in jail, and the maximum sentence is 180 days (six months). They may also be fined up to $2,000, and their driver's license may be suspended for up to two years. The penalties can increase significantly if a person faces DWI charges for a second or subsequent time, and other aggravating factors may also cause DWI to be charged as a felony, regardless of previous offenses. These include the injury or death of someone due to drunk or intoxicated driving. By understanding the penalties for these offenses, those who have been arrested and charged with crimes can determine their best options for defense.

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 Posted on April 26, 2023 in Criminal Defense

Originally published: May 31, 2022 -- Updated: April 25, 2023

Update: As noted below, people who grow marijuana plants may be charged with drug possession, and they could potentially face serious penalties based on the amount of marijuana in their possession. However, those who cultivate marijuana may also be charged with possession with intent to distribute, especially if other factors indicate that a person intended to sell or deliver marijuana to others.

In some cases, a search conducted by police officers or other state or federal law enforcement officials may find items that could be used to package and distribute drugs to others, such as scales or baggies, or witnesses may state that they observed the person accepting payments in exchange for marijuana. These factors may cause an offense to be elevated from drug possession to drug delivery, and in some cases, a person may even face charges of drug trafficking.

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 Posted on April 18, 2023 in Criminal Defense

You do not have to be arrested to know that criminal defendants are given the right to remain silent. Anyone who has watched enough true crime documentaries or police-related television shows can probably recite the Miranda Warning from heart.

Participating in a police interrogation is one of the worst things you can do if you have been arrested and charged with a criminal offense. It is too easy to say something that damages your case or even make an innocent remark that is taken out of context and later used against you. Although anybody accused of a crime has the right to remain silent and avoid incriminating themselves, many people give up this right and speak freely to the police without consulting with a lawyer first – often to their detriment.

Many Criminal Defendants Do Not Understand Their Rights

The United States Constitution protects several crucial rights. Among these rights is the right to avoid self-incrimination. The Fifth Amendment guarantees that criminal defendants cannot be forced to give testimony that would incriminate them. This is the basis of our right to remain silent and refuse questions from the police.

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 Posted on April 11, 2023 in Criminal Defense

In today's modern age, making friends with others online is not uncommon. Many people communicate with strangers through online games, chatrooms, or discussion forums. However, it is important to note that these types of discussions can lead to criminal charges in some cases. If you are accused of discussing sexually explicit topics with somebody under the age of 17, you can be charged with a felony offense in Texas. You can face felony charges even if you did not know that the person you were talking to was a minor.

Anybody in this situation should reach out to a criminal defense lawyer who is experienced in child-related criminal defense cases as soon as possible. A conviction for online solicitation of a minor has the potential to dramatically alter the course of your life.

What Counts as Online Solicitation of a Minor?

When people talk to each other online, they often say things that they would not say in real life. However, having sexual conversations with another person can be a criminal offense in certain situations.

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 Posted on April 04, 2023 in Criminal Defense

Last October, President Biden issued a proclamation pardoning federal convictions for simple marijuana possession offenses. The proclamation is just one step in the trend toward reducing and, in many cases, eliminating criminal penalties for marijuana-related offenses.

Although many states have decriminalized or legalized marijuana, marijuana flower and THC products are still considered Schedule I controlled substances under federal law. Make no mistake, marijuana-related offenses can still lead to significant penalties - especially if you are accused of large-scale cultivation or distribution of marijuana.

Drug Trafficking Offenses Related to Cannabis or Marijuana

Although it is still illegal in Texas, being caught with a small quantity of marijuana will not typically lead to significant jail time. However, the same is not true for the possession of larger quantities of marijuana or for the cultivation, distribution, or trafficking of the substance.

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 Posted on March 29, 2023 in Criminal Defense

As a parent, perfection is impossible. Child experts frequently change their minds about what is best for children, and parenting styles change with the times. So, it is understandable that parents may struggle to find a balance between giving their children freedom and autonomy while also providing them with the necessary guidance and support they need to develop into responsible adults.

Some parents choose to give their children ample freedom, allowing them to stay home alone, take public transportation, or make decisions about their own clothing and meals. However, permissive parenting styles such as "free-range parenting" can sometimes lead to accusations of child neglect.

The Line Between Leniency and Neglect is Not Always Clear

In a world where parents can use smartphones and other devices to be in constant communication with their children and track their every move, it can be difficult to discern what is considered an appropriate amount of freedom. Should children be allowed to stay home by themselves for a day? What about overnight? Can they ride their bikes to a neighbor's house down the block? The answers to questions are not always clear.

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