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Recent Blog Posts
What to Know About Internet Sex Crimes in Texas
The field of internet sex crimes has quickly become an important part of skilled criminal defense attorneys’ jobs. While sex crimes defense is already a specific area of practice unto itself, the rise of the internet has quickly given way to new kinds of sex crimes, all punishable under the law and requiring unique strategies for fighting charges in court. Conviction of one of these crimes may result in prison time and/or steep fines, as well as require guilty parties to register as a sex offender.
Texas, like most other states, has specific statutes and punishments for various types of internet sex crimes. Read on to learn more and find out what you need to know to protect yourself; then, call The Crowder Law Firm, P.C. for an internet sex crimes attorney you can trust.
Unlawful Disclosure or Promotion of Intimate Visual Material Law
Under Texas state penal code, Section 21.16(d), it is illegal to post, send, or otherwise distribute specific types of images online. The statute defines this behavior as criminal if you are posting images of someone’s private parts without their express consent. Posting images in which the person depicted believed said images would stay private may also carry criminal misdemeanor charges.
Diversity of Citizenship
Diversity of citizenship establishes an important legal precedent related to the difference between state and federal jurisdiction. Yet most Americans have never even heard this term. Read on to learn more, and contact an experienced criminal defense attorney if you have been accused of a federal crime.
What Is Diversity of Citizenship?
Diversity of citizenship refers to cases where opposing parties involved in a lawsuit are citizens of different states or countries. If one of these parties is a corporation, they are defined as a citizen of the state where their business operates or is incorporated. If diversity of citizenship is in play, a case between two parties will fall under federal court jurisdiction, per Article III, section 2 of the United States Constitution.
This is significant, given the standard rules regarding state and federal court jurisdiction. Most civil cases, i.e. cases between two parties, start at the state rather than the federal level. However, a civil case will become a federal case under diversity of citizenship law.
What You Need to Know About Texas Solicitation Law
Solicitation refers to the sale of sexual intercourse between one individual and another in an act of prostitution. In the state of Texas, criminal charges can be brought against an individual for committing, promoting, compelling, or soliciting prostitution. These charges may be leveled against someone even if a sex act was not actually committed. An individual engages in prostitution if they knowingly participate in a sexual act or offer to engage in a sexual act for a monetary sum.
At The Crowder Law Firm, P.C., we have years of experience representing individuals charged with sex crimes. With the necessary skills and resources to defend a number of solicitation-related offenses, our Plano sex crime attorney can craft a specific defense for your legal needs. We also offer free and confidential consultations, so you know we are serious about winning your case.
Understanding Solicitation Charges
Whether solicitation is charged as a misdemeanor or a felony depends on the details of the offense. While a first-time solicitation charge will usually be tried as a misdemeanor, individuals with increasing offenses risk being charged with a felony.
What is the Age of Consent in Texas?
Understanding the laws surrounding the age of consent is essential for anyone living in or visiting Texas. These laws play a critical role in determining the legality of romantic and sexual relationships, particularly when there is an age difference.
Violating these laws can lead to severe penalties, including imprisonment and mandatory registration as a sex offender. An experienced Texas sex crimes defense attorney helps people facing charges involving age of consent violations.
The Age of Consent in Texas
In Texas, the age of consent is 17. This means that people aged 17 or older are legally permitted to engage in consensual sexual activity. If one participant is younger than 17, the law says they cannot give legal consent, even if the relationship appears consensual.
5 Steps to Take When Under Federal Investigation
Whether you received a subpoena or federal authorities knocked on your door, being under federal investigation for an alleged criminal offense can be stressful, confusing, and downright frightening. Despite the fact that you haven’t been formally charged, it is imperative to take certain measures to protect your rights and future.
The following are five steps you should take if you are under federal investigation:
- Hire a lawyer – As soon as you learn about the federal investigation against you, do not wait until you are charged. Instead, get an attorney who is licensed to practice in federal court right away. Your lawyer can help you navigate the complexities of each stage of the investigation, protect your from legal pitfalls, and defend you in court in the event your case reaches trial.
- Remember your rights – Although you are being investigated, your constitutional rights can still protect you. For instance, if federal authorities attempt to enter your property or your office without an arrest or search warrant, you have the right to refuse entrance and refuse to speak unless your lawyer is present.
5 Steps to Take After Being Accused of a Sex Crime
Being falsely accused of a sex crime can cause substantial damage to your professional reputation and personal life—even if you haven’t been found guilty of the offense. The truth is that many people misuse these serious charges to get revenge, gain an upper hand in a family law dispute, or otherwise cause undue harm against another individual.
If you’re accused of a sex crime you didn’t commit, the next steps you take could make the difference between freedom and conviction. Not only is a sex crime in Texas punishable by a lengthy prison sentence and expensive fines, but also be required to register as a sex offender—possibly for the rest of your life.The following are the important steps to take after being falsely accused of a sex crime:
- Seek legal representation – The first step to take is to hire a criminal defense attorney. While many people facing false allegations believe their innocence will be proven at the conclusion of the investigation, or that hiring a lawyer makes them appear guilty. However, an attorney will protect your rights and future, as well as help you avoid getting into further legal trouble.
Do I Have to Register as a Sex Offender in Texas Forever?
In the event of being convicted of a sex crime in Texas, not only will you serve time in prison and pay fines and restitution, but you must also register as a sex offender. The Texas Sex Offender Registration Program was established to provide the public and police with information on each registered offender’s whereabouts and restrict where offenders may live, work, or even visit.
One of the most common questions asked by those facing sex crime charges is, “Does a conviction mean I have to register as a sex offender for the rest of my life?”
The answer: it depends on the specific crime.
According to Texas law, lifetime registration as a sex offender is necessary if you are convicted of the following types of sex crimes:
- Sexual assault and aggravated sexual assault
- Child sex abuse
CBS CEO Ousted After Sexual Harassment Allegations
On Sep. 9, CNBC published a story about CBS CEO, Leslie Moonves, who was ousted after sexual harassment allegations. The allegations against Mr. Moonves came from not one, but twelve different women who claimed that his sexual misconduct damaged their careers. Moonves denied the women’s allegations and stated that some of the relationships with his accusers were consensual.“Untrue allegations from decades ago are now being made against me that are not consistent with who I am. I am deeply saddened to be leaving the company. I wish nothing but the best for the organization [CBS], the newly comprised board of directors and all of its employees,” Mr. Moonves said in a statement after CBS announced his departure.In its announcement, CBS said that the company and Mr. Moonves will be donating $20 million to organizations in support of the #MeToo movement (which supports sexual assault survivors and seeks to end sexual violence) as well as organizations that support equality for women in the workplace. But how does this case relate to regular people?
How Mouth Alcohol Affects Breath Testing
Law enforcement commonly uses breath tests (breathalyzers) to determine a suspected drunk driver’s level of intoxication and as evidence in a DWI case. However, these types of tests cannot directly measure BAC since it doesn’t analyze the blood. Instead, they rely on the amount of alcohol particles in a person’s breath when he/she exhales.
Mouth alcohol is a factor that can influence breath tests. It occurs when a small amount of alcohol remains in the mouth or throat, thus contaminating your breath as you blow into the breathalyzer and resulting in a falsely high BAC reading. Although most traces of alcohol are gone within 15 minutes, sometimes alcohol can end up back in the mouth, or something else produces mouth alcohol which throws off the test results.
The following are the most common sources of mouth alcohol:
- Burping or vomiting – A burp can produce enough alcohol back up into the mouth to influence the test results. Law enforcement is required to conduct a 15-minute observation period before using the breathalyzer. During this time, the officer is supposed to watch that you don’t burp, vomit, or even hiccup whatsoever. Yet, sometimes police ignore this step or fail to pay close attention.
Expunction & Record Sealing in TX: Am I Eligible?
Everyone makes mistakes—that’s the way of life. But when past mistakes threaten your future, you deserve an opportunity to fix your mistakes. If your criminal record makes it difficult to find a new job, obtain a professional license, or even apply for an apartment or loan, an experienced criminal defense attorney can help you clear your name.
In Texas, there are two different processes: expunction and record sealing (under an order of nondisclosure). The difference between the two is that expunction results in the destruction of your criminal record, while sealing means only criminal agencies can access it—not the public. Once your record has been expunged or sealed, you do not have to disclose any of that information.
Eligibility for Expunction
Your criminal record may be eligible for expunction if you were arrested for a misdemeanor and felony and:
