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Recent Blog Posts
A Police Search with Your Roommate’s Consent
In most circumstances, a police officer needs a warrant before searching a residence. However, an officer can bypass this little detail if a legal resident of the home agrees to the police search. So what rights do you have if your roommate lets an officer into your home?
The Roommate Scenario
Luckily, your roommate isn’t the same as a family member. Even though you share the same space, there are specific areas and items that belong to each of you individually. A police officer cannot search the private room of someone who is not present to grant consent. So, even if your roommate grants consent to a police offer, any evidence discovered in your private spaces may not hold up in court. This rule also applies to any closed boxes or bags. If they are specifically yours and pointedly closed, then the officer cannot touch them without your explicit consent or a warrant.
It is, however, up to the court to decide if your roommate has the authority to let an officer search your private rooms and items. For example, if you are in a romantic relationship or just happen to share a bedroom with your roommate, then that space is fair game. Luckily, an officer is unable to search your residence without a warrant if you have two roommates and only one grants consent.
Everything You Need to Know About Your Shoplifting Charge
If you are caught shoplifting in Texas, you’ll have to deal with not only an embarrassing social experience, but also significant and overwhelming legal consequences. According to the Texas Penal Code, shoplifting offenses are aggressively judged and punishable as theft.
Shoplifting offenses include:
- Stealing items
- Intentionally writing bad checks
- Altering price tags
Your Charges
The legal penalties for a theft charge increase depending on the value of the stolen merchandise and your prior offenses. Adult shoplifters can also be sued by retailers for actual damages and additional damages up to $1,000. If a child is caught shoplifting, a retailer can sue the parents and guardians for actual damages up to $5,000.
Texas Shoplifting Charges
Class C misdemeanor
- Property value is less than $50
- Punishable by fines up to $500
Class B misdemeanor
When Does Arson Escalate to Attempted Murder?
Intentionally setting a fire may qualify as arson, but when is the charge escalated to attempted murder? Below, we discuss the laws concerning both arson and attempted murder, as well as how the court associates the two crimes.
How Texas Law Defines Arson
Arson is the use of fire or an explosive to destroy property. Defined under Texas Penal Code 28.01, destroying another person’s property, any property within city limits, or any property with a mortgage or insurance policy is a form of arson. Additionally, you can face arson charges if you were reckless in starting the fire; i.e. the fire endangers, or has the opportunity to endanger, another person.
State law generally classifies the crime as a second-degree felony punishable by up to 20 years in prison. If the arson resulted in bodily harm or death, whether intentional or unintentional, the charge escalates to a first-degree felony punishable by life imprisonment, or up to 99 years in prison. If the court finds that the harm or death was intended, you could be charged with arson in conjunction with an attempted murder charge.
What Is Mortgage Fraud?
There are hundreds of forms of fraud, but few deal directly with a financial institution. Mortgage fraud is one of them. What is mortgage fraud, how is it committed, and what punishments could you face for committing the crime in Texas? We answer these questions and more below.
Definition of Mortgage Fraud
Mortgage fraud occurs when you intentionally deceive a financial institution, often by falsifying information, in order to obtain a mortgage. Under Texas law, mortgage fraud can be committed in a variety of ways and is subject to harsh punishments.
Types of Mortgage Fraud
Some of the most common forms of mortgage fraud are as follows:
Straw Buyers: A borrower uses a nominee to apply for the loan. This hides the true borrower’s identity and can result in terms based solely on the credit information of the nominee.
Fraudulent Loan Documents: A borrower submits false or altered pay stubs or account information in order to qualify for a loan or mortgage.
4 Defenses for Conspiracy Charges
Planning to commit virtually any crime—murder, mail fraud, drug distribution, etc.—is considered to be conspiracy and can lead to criminal charges. As conspiracy is linkable to any crime, there are a variety of defenses you can use to fight the charges. We’ve listed the 4 most common below. Read on to learn more.
In order to convict you of conspiracy, the court must prove that you and a co-conspirator agreed to commit the crime you’ve been accused of. Unless you or one of your co-conspirators admit to the conspiracy agreement or the court finds some other evidence that you and your partner intended to carry out the crime, this can be difficult to prove.
Another possible defense would be that you were charged with conspiracy while having no knowledge that your co-conspirator actually planned on committing the crime. Fantasizing or conversing about committing a crime is not a crime if you can prove that you believed the conversation was hypothetical.
Infractions, Misdemeanors, and Felonies—What’s the Difference?
Every crime is different, and so are the sentences that come with them. So what are the differences between infractions, misdemeanors, and felonies? How can the type of crime impact your sentence? At The Crowder Law Firm, P.C., we answer these questions and more. Keep reading!
Infraction
An infraction is the least severe, finable offense the court can charge you for. It’s a petty offense that typically doesn’t appear on background checks and doesn’t involve any court or jail time. However, if left unpaid, or after multiple offenses, the violation can escalate from an infraction to a misdemeanor.
A few examples of an infraction include:
- Driving over the speed limit
- Littering
- Fishing without a license
- Jaywalking
- Disturbing the peace
The Punishments
Typically, a police officer will see the infraction occur and immediately write a citation for the violation. Unless the citation goes unpaid, the fine will be the only penalty for the infraction.
Can I Get a DWI If I Sleep in My Car?
In Texas, driving while intoxicated (DWI) cases are typically featured on the local news throughout the state. However, rarely do these stories involve individuals charged with DWI in parked vehicles. But unfortunately, if you are drunk and asleep in a parked car, you may still be charged with a DWI in Texas and many other states throughout the country.
According to Texas law, a person commits a DWI when he or she is “operating” a motor vehicle in a public place while intoxicated. Although state law defines what it means to be intoxicated and what is considered a motor vehicle, it doesn’t define the term operating.
Due to the broadness of the term, it has been left up to the courts to define. Generally speaking, if the prosecution has circumstantial evidence that an individual had been operating a motor vehicle, the proofs may be sufficient to meet their burden of proof before a jury or judge, even without eyewitness testimony that a person was actually operating at the time.
Common Mistakes After a DWI Arrest
Facing a DWI charge is a stressful and frightening experience. However, despite how emotionally overwhelming the situation may appear, it is important to understand that what you choose to do after your arrest is going to affect the final outcome of your case.
With severe penalties for DWI convictions in Texas (maximum jail sentence of 180 days, fine of up to $2,000, and driver’s license suspension for up to one year), individuals facing drunk driving charges need to be extremely careful to avoid certain mistakes that could jeopardize their legal defense.
The following are common mistakes people make after a drunk driving arrest:
- Fail to hire a DUI defense attorney - No matter if it was your first offense, or your fourth offense, hiring a criminal defense lawyer is a crucial part of protecting your rights, reputation, and future. An attorney who is experienced in DUI cases can help you either obtain a “not guilty” verdict at trial, get your entire case dismissed, or get your charges substantially reduced.
Beyond Reasonable Doubt: What It Means & How It Could Affect Your Case
The presumption of innocence—“innocent until proven guilty”—is one of the foundations of criminal justice law in the United States and other countries which follow a common law tradition. The only way to overcome this presumption in a criminal trial is for the prosecution to prove “beyond a reasonable doubt” that the defendant committed the crime that he or she has been charged with.
Proof beyond a reasonable doubt is the legal standard that the prosecution must meet in order to successfully find a criminal defendant guilty of a crime. This standard applies to each element of the criminal offense and is the highest standard of proof possible, which helps to reduce the likelihood of wrongful convictions, the risk of innocent people being deprived of their liberty, and ensures all citizens’ rights are better protected.
Reasonable doubt is required in criminal proceedings under the “due process clause” of the Fifth and Fourteenth Amendments to the U.S. Constitution. The U.S. Supreme Court first discussed the term in Miles v. United States (1880) by stating, “The evidence upon which a jury is justified in returning a verdict of guilty must be sufficient to produce a conviction of guilt, to the exclusion of all reasonable doubt.”
8 Types of Defense Strategies for Your Criminal Case
Facing criminal charges can change your life forever. While the stress you experience in these situations can seem overwhelming, it is imperative to remember that (1) you are innocent until proven guilty, (2) you may have various viable defense options in your case, and (3) hiring an experiencing criminal defense lawyer can help you develop the most effective defense strategy possible.
Attorneys can use various arguments to protect your rights and to make the prosecution prove its case. Whether it’s during the pre-trial face or presented to the jury, these defenses can be raised at several points on the timeline of a case.
There are defenses when the defendant claims that the facts alleged by the prosecutor are incorrect or untrue. By contrast, there are affirmative defenses, which admit the factual allegations but excuse the defendant’s conduct that would otherwise be unlawful.
I Didn’t Do It
If you did not commit the alleged act in question, you may use the following three types of defenses:
