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Recent Blog Posts
Can I Go to Jail for Stealing in Texas?
The Texas Penal Code defines theft as unlawfully taking property without consent through either methods of deception, misrepresentation, or physical seizure. This definition encompasses a range of offenses from shoplifting to bounced checks. The penalty for each offense may be as serious as jail time or as small as a fine. The possession of stolen property does not need to be indefinite, but long enough for the owner to be disadvantaged of its value.
Categories of Theft
The most common types of theft in Texas are as follows:
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General Theft: Taking an item that does not belong to you without permission of possession. This can be taking money out of the tip jar at an establishment you are not employed under, pickpocketing, or even stealing cleaning supplies from work.
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Shoplifting: Removing items from the store without the intention of paying for the full value. This may be taking a product, or switching tags with the intention of paying lower price than the product was valued at.
Is Delta-8 Legal in Texas?
The current classification of cannabis and cannabis-derived products is a topic of confusion for most Texans. Though, it is a topic Texas inhabitants should be clear on as possession of marijuana and paraphernalia can warrant varying charges from misdemeanor to felony. As of the moment, cannabis-derived products that contain less than 0.3% of THC are legal in the state of Texas. As long as Delta-8 products do not exceed 0.3% of THC are not considered controlled substances. This contingency is fragile due to an ongoing lawsuit to determine the legal status of Delta-8.
Possibility Penalties
This fragile contingency is a good reason to get clear on the laws surrounding marijuana. As multiple states across America have legalized recreational use of marijuana, Texas has passed more lenient criminal penalties for possession. Not to be mistaken, possession of marijuana is still illegal, in fact, possession of two or less ounces of cannabis is a misdemeanor punishable by up to 180 days in prison and a maximum fine of two thousand dollars. Possession of four or more ounces of cannabis is a felony punishable by a minimum of two years imprisonment with a maximum fine of ten thousand dollars. Not only is marijuana illegal in the state of Texas, but possession of paraphernalia is also a misdemeanor punishable by a maximum fine of five hundred dollars. The sale of paraphernalia in Texas is a misdemeanor punishable by one year in prison and a maximum fine of four thousand dollars.
What Are the Charges for Possessing or Distributing Child Pornography in Texas?
The State of Texas takes crimes against children very seriously. Prosecutors tend to aggressively prosecute those accused of possessing, creating, selling, or distributing media content depicting children under 18 in a sexual manner. The crime of possessing child pornography is serious enough that, in addition to whatever criminal punishments a convicted perpetrator faces, it merits a lifetime registry on the Texas self-offender list, leading to permanent social, professional, and residential consequences.
Life for persons convicted of Texas child pornography laws is not easy. If you have been charged with violating child pornography laws, it is essential to retain the services of a criminal defense attorney who can help you construct a strong defense.
How Can the Police Find Evidence of Child Pornography?
Law enforcement has many tools at their disposal to discover child pornography. Deleting files, emails, or texts is not a fail-safe way of guaranteeing you will not get caught. Once law enforcement has probable cause that an individual is in possession of child pornography, they may get a search warrant that allows them to:
Can I Open Carry a Handgun Without a Permit in Texas?
Starting on the first of September 2021, Texans could begin carrying handguns openly or concealed without training or possessing a concealed carry license if they are over age 21. While this reduced the potential for criminal charges for what many would consider to be standard behavior for gun owners, there are still plenty of potential pitfalls when it comes to incorrectly possessing firearms in the state of Texas.
This is especially true considering that the deal the Senate made to allow permit-free handgun carrying increased the criminal penalties for felons and family violence offenders who have a weapon in their possession. If you are facing criminal weapons charges, get help from an experienced Austin criminal defense attorney right away.
UPDATE: New Law Makes Sending Unwanted Nude Photos a Crime in Texas
Originally published: August 24, 2020 -- Updated: June 14, 2022
Update: In addition to the law described below, which makes it illegal to send unsolicited and unwanted photos to someone else online, people should also be aware that it is illegal to post intimate pictures or videos of others online without their consent. This is commonly known as “revenge porn,” and violating this law is considered a sex crime in Texas.
The applicable law specifically prohibits the unlawful disclosure or promotion of intimate visual material. Applicable materials may include photos, videos, or other depictions of a person’s intimate parts being exposed or engaging in sexual conduct, and these materials must have been obtained with the expectation that they would remain private. If the disclosure of these materials, such as by posting them online, would reveal the person’s identity and cause them to suffer harm, the person who shared the images or videos may be charged with a crime. It is also a crime to threaten to share these types of materials in order to obtain benefits from another person.
Can I Face Drug Charges in Texas for Possessing or Using Marijuana?
Even though the use of marijuana has become more accepted in many parts of the United States, it is still considered to be an illegal drug in many locations. Texas is the largest state that still treats marijuana as an illegal controlled substance, and residents of the state who are found in possession of marijuana could potentially be charged with drug crimes, including simple possession charges or more serious offenses related to manufacturing or distributing marijuana.
Will Texas’ Marijuana Laws Change in the Future?
A recent poll showed that a significant majority of Texans support the legalization of marijuana. Overall, 83 percent of people in the state are in favor of legalizing the drug for medical use. People are less in favor of the legalization of recreational marijuana, but 60 percent of the state’s residents are in favor of doing so. However, despite public support, Governor Greg Abbott and other lawmakers have stated that they believe recreational marijuana should remain illegal, although they have made an effort to expand its availability for medical purposes.
Additional Penalties for Driving While Intoxicated With a Child in the Car
In Texas, driving while intoxicated is taken very seriously, and violators face severe penalties. For those who are arrested on DWI charges while driving with a child in the vehicle, you will face additional charges and could even see other parental rights be impacted. It is imperative you work with a lawyer who will aggressively defend you against the charges and provide you with the representation and guidance you need.
Driving While Intoxicated Penalties in Texas
For a first DWI, violators face a fine of up to $2,000, up to 180 days in jail, and risk losing their driver’s license for up to one year. DWI in Texas means operating a motor vehicle with a blood alcohol concentration (BAC) of at least 0.08. The potential fines, jail time, and time without a license grow with each additional DWI offense. Each charge also comes with a state fine of up to $6,000 upon sentencing. The charges for drunk driving with a child passenger, defined as a child under 15, become more severe. You face a state jail felony, even if it is your first DWI offense. Additionally, you will be charged with child endangerment, regardless of whether the child was injured or otherwise harmed during the incident. Simply their presence in the car is enough for the additional charge.
Can a Lawyer Help After My Travis County Trip-and-Fall Accident?
A trip-and-fall accident may seem trivial, even laughable. But, many times that fall resulting from tripping or slipping can cause major long-term or even life-threatening conditions, from severely broken bones to brain injuries. If your injuries are caused by someone else’s negligence, then Texas law says you deserve proper compensation. This is where a personal injury attorney with premises liability experience can make all the difference.
Who Is Really Liable for That Accident?
Say you slip and fall in a store. Is the business itself responsible for your accident? Maybe not. Maybe it was poor construction on a flight of stairs that caused you to fall. So the owner of the property may be liable, or perhaps a contractor who recently worked on those stairs, or even a different vendor who also works out of the property. A knowledgeable lawyer can examine all the particulars of your claim and find out who is liable—or whether more than one party shares responsibility for the accident. That could make a big difference in your ultimate compensation.
Keeping Your Drivers’ License After A DWI
When you walk into an Administrative License Revocation hearing following an arrest for driving while intoxicated (DWI), the deck might as well be stacked against you. Since the ALR hearing is not technically a criminal matter, many of the normal rules of evidence do not apply. The hearing officer, who is not a judge and probably not even an attorney, serves as prosecutor, judge, and jury in such cases.
In practice, however, the outcome is almost a secondary concern. Even if you do not “win” the ALR hearing, the process can be a very valuable component of your defense.
What is at Stake?
If you are arrested for DWI and you either refuse to provide a sample or fail the chemical test, the state will almost certainly take action against your drivers’ license. So, the only way to avoid possible licenses suspension is to take a breath or blood test and pass it. If you refuse a test, the Department of Public Safety may suspend your license for up to six months for a first offense and two years for a subsequent offense. If you failed the test, the suspension period is a maximum of 90 days or one year. Commercial drivers and motorists under 21 may face longer possible suspension periods.
Could High Visibility Police Lights Affect the Results of Field Sobriety Tests?
Many police cruisers are now equipped with next-generation high-intensity lights, including LED strobes and windshield column floodlights. While these lights are great for visibility on the scene of a traffic stop, are they actually having an effect on the accuracy of DWI field sobriety tests? How does this equipment affect DWI field tests?
High-intensity lights are also now in the hands of officers who once had to rely on underpowered hand-held flashlights to illuminate a dark parking lot or street corner. The new lights are not only brighter, but they are also important tools when subduing a suspect. These devices are designed to disorient and temporarily blind suspects, mainly because of the light beam’s intensity. One field officer compared the impact of strobe lights to the disabling capability of a Taser or a quick kick in the groin. These devices are also designed to disrupt a person’s peripheral vision, which may have an impact on depth perception.
