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Recent Blog Posts
Know Your Rights During an Arrest in Texas
Nobody wants to get arrested, especially if you have had prior experiences with law enforcement that have been less than positive. At the very least, getting arrested can be scary and confusing. You are not simply a victim in an arrest, however. You have rights under the law and knowing your rights can help you stay calm and protect yourself.
If your rights are violated, the evidence against you might get thrown out, and your entire case could be affected. If you have not yet been arrested, prepare yourself by knowing your rights and how to use them. If you or someone you love has already been arrested, you have options. An aggressive, experienced Texas criminal defense lawyer can help if you face this situation.
What Are Your Rights During an Arrest?
The U.S. Constitution guarantees several key rights if you are arrested. Here are the most important ones:
Jailed for a Road Rage Episode? You Need a Lawyer
Anyone who claims they have never gotten angry while driving is not telling the truth. Driving can be an incredibly frustrating experience, and in Texas, where the population is rapidly increasing and the roads are quickly filling up, road rage is becoming more and more common.
While getting upset behind the wheel is understandable, if the anger develops beyond emotions and turns into action, road rage can become a crime. In Texas, a teenage boy was shot by an angry driver and although he was injured, he fortunately was not killed. Other drivers have not been so lucky. If you are facing charges for actions related to road rage, you could also be facing huge fines and serious jail time. An aggressive Texas criminal defense attorney can help.
Common Criminal Charges Linked to Road Rage
While Texas does not have a specific law targeting road rage, actions associated with road rage can lead to charges under other criminal statutes. Depending on the circumstances, these charges may include:
Can You Pursue an Appeal Because a Judge is Biased?
A Texas court of appeals has ordered a new trial for a man on death row facing execution. Randy Halprin, who is Jewish, was convicted of belonging to a gang of prisoners who escaped prison and then shot and killed a police officer.
Halprin’s attorneys have successfully argued that the judge who presided over the case engaged in behavior both inside and outside of the courtroom that evidenced great hatred for and disgust with Jewish people. During Halprin’s trial, Halprin’s lawyers claimed that the judge made derogatory comments about Jews in general and Halprin in particular.
Cases like Halprin’s are a good reminder that judges, juries, and prosecutors are not only not perfect, but they sometimes harbor the kinds of biases that can derail the entire justice process. At The Crowder Law Firm, P.C., our Texas criminal defense attorneys believe defendants deserve better.
Texas Woman Tries Selling Her Unborn Baby on Facebook
A woman in Texas is facing criminal charges after she allegedly tried to sell her unborn child on Facebook recently. Although the woman seemed to believe that she was not truly selling her child and was rather offering up the child for adoption, exchanging anything of value for a child is illegal in Texas.
While cases of parents trying to get money for their children are relatively unusual, child trafficking is a more common criminal charge, especially in Texas where many children are moved from the southern border through the state without their parents.
If you are facing charges for buying or selling a child, whether your own or someone else’s, or are even being investigated for this serious crime, you need the best Texas criminal defense attorney you can get.
Is Marijuana Legal in Certain Texas Cities Now?
Both federal and local elections were held this week, and one outcome that is making headlines all over Texas is the legalization of small amounts of marijuana in three cities: Dallas, Lockhart, and Bastrop.
Does this mean that police are less likely to pursue marijuana charges outside of these cities? And if you live in Plano, could you just drive 30 minutes south to Dallas to buy weed legally? Our Texas criminal defense attorneys tell you what you need to know about the changes to the law.
Where is Weed Legal in Texas?
Voters in Dallas, Lockhart, and Bastrop all approved measures decriminalizing the possession of four ounces or less of marijuana. Police in these cities now cannot arrest people or issue misdemeanor citations for possession, and cannot use the small amount of marijuana as probable cause, although there are some exceptions. If someone is being investigated or charged with a felony involving narcotics or violent crime, officers can still pursue marijuana-related charges.
What is Considered Serious Bodily Injury in Texas Criminal Cases?
When one person in Texas causes harm to another unprovoked, that person has usually committed a crime. While any physical harm can lead to criminal charges, the law recognizes distinctions in severity. For instance, a slap to the face may be offensive and provoke anger, but it is far less severe than an injury causing permanent disability.
For this reason, assault charges — and the punishments that come with them — depend heavily on the nature and extent of the injuries inflicted. If you are facing charges of assault, battery, or any other physical attack, you need the help of the aggressive, experienced Texas criminal defense attorneys at The Crowder Law Firm, P.C.. We know your future depends on our work, and we take that seriously.
What is Serious Bodily Injury in Texas?
Every state defines "serious bodily injury" somewhat differently. In Texas, an injury qualifies as "serious bodily injury" when it creates a substantial risk of death, causes death, results in permanent disfigurement, or leads to the long-term loss or impairment of any body part or organ. The specific circumstances of each injury can also be open to interpretation by a jury in a criminal defense case, adding a subjective element to the classification.
What Is the Punishment for Breaking and Entering a Home in Texas?
Many people are familiar with the term "breaking and entering," but may not know exactly what it means. It is often loosely used on television shows and in crime novels to describe property crimes, but without specifically providing a definition for the particular crime. In Texas, breaking and entering is not actually the technical term for the crime of wrongly entering someone’s property and stealing something; instead, Texas uses the terms "burglary" and "criminal trespass." However, in Texas, you may also hear people use the term "breaking and entering" and you can generally understand it to mean the same thing as burglary and criminal trespass. Our Plano, TX criminal defense attorneys know how to defend against serious crimes and will fight for your rights. Contact us right away if you have been accused burglary or criminal trespass.
How Much Time Can a Juvenile Get for Stealing a Car in Texas?
If a juvenile steals a car in Texas, the potential consequences depend on several factors, like the value of the car, the circumstances of the theft, and whether the juvenile has a criminal history. Stealing a car is considered auto theft, a form of robbery, which can be charged as either a misdemeanor or a felony.
In Texas, juveniles involved in car theft might face charges of "unauthorized use of a motor vehicle" or "theft of property," and the severity of the charge can vary. Depending on the situation, the juvenile could be placed in a juvenile detention center, given probation, or even ordered to pay restitution to the car owner. If your child is facing car theft charges, contact a Plano, TX carjacking defense attorney for help right away. Your child’s future is at stake.
What Charges Can a Juvenile Face for Stealing a Car in Texas?
In Texas, a juvenile who steals a car may be charged with "unauthorized use of a motor vehicle" (UUMV) or "theft of property." UUMV is usually used when someone takes a car without the owner's permission but does not plan to keep it. This is generally a state jail felony, punishable by 180 days to two years in a state jail, along with potential fines of up to $10,000.
What to Do if Your Child is Accused of a School Shooting
Two separate cases this year illustrate an issue that is becoming more and more frequent: Parents who are implicated in their child’s behavior when that child commits an extreme act of violence. In both of these cases - one in Texas, one in Michigan - a teenager killed people at school using weapons they allegedly had access to because of their parents.
These cases were not the same, nor were their outcomes. In the Texas case, which was a civil case, the parents were not found negligent for allowing their son to access their guns. The Michigan case, however, was a criminal case, and the parents were found criminally liable for giving a gun to their child, who, the prosecutor argued, was clearly a risk to others. The parents were sentenced to at least 10 years in prison.
Can I Get Out of Texas Jail if I Am Not Indicted?
An indictment is a formal accusation that someone has committed a crime issued by a grand jury after reviewing evidence that a prosecutor has. Unlike a simple criminal charge, which is typically filed by law enforcement or a prosecutor, an indictment means that a grand jury has determined there is enough evidence to charge someone with a felony formally.
Indictments are generally required for more serious offenses and help protect people from unjust prosecution. Without an indictment, a person cannot be brought to trial for a felony. If you are facing a felony indictment, contacting an aggressive and experienced Collin County, TX criminal defense attorney is important to protect your rights and build a strong defense.
What Is the Difference Between a Criminal Charge and an Indictment?
A criminal charge and an indictment are related but distinct concepts in the legal process. A criminal charge is an accusation made by law enforcement or prosecutors, typically when someone is first arrested. It does not require a grand jury’s involvement and can be filed based on evidence that the police or prosecutor believe is enough to accuse someone of a crime. On the other hand, an indictment comes after a grand jury reviews the evidence and agrees that there is probable cause to formally charge someone with a felony.
