If you have heard the word “stalking” before, you may have envisioned a person following someone down a dark alley or hiding in bushes outside their house. In recent years, stalking has been used in casual references to searching social media pages of a love interest or former romantic partner. Whether it is done in person or online, stalking is a real crime that can incur serious punishments under Texas law. If you find yourself charged with this offense, a criminal defense attorney can build a strong defense on your behalf to help you avoid a conviction or a stain on your record. 

Actions That Constitute Stalking

Stalking is defined as the unwanted and/or repeated surveillance by a person or group toward another individual. Similar to harassment and intimidation, stalking can include following the alleged victim in person or monitoring them electronically through mobile devices or online. While stalking is most commonly associated with repeatedly pursuing someone, it may also involve different actions or behaviors, such as continuously contacting the alleged victim through the mail, telephone, or Internet. Stalking can also occur when unwanted gifts or messages are sent to a person over and over again. 

In addition, a person can be charged with stalking if they cause another person to fear bodily injury or death. In addition, the charge can result if the alleged victim believes their family or household member, or a dating partner fears for their safety. Stalking can also take the form of threats to a person's property, such as a house or vehicle, or actions that cause a person to “feel harassed, alarmed, annoyed, offended, tormented, embarrassed, or abused.” 

Texas is a state known for oil, as dramatized in the popular TV show Dallas from the 1980s. A large percentage of the United States oil production takes place in the Lone Star state, and many Texans earn their living in oil fields and offshore facilities. Due to the nature of the industry, the job duties are unique and also carry a certain amount of risk. For example, workers may be operating heavy equipment and exposed to dangerous substances in addition to the outdoor elements. Accidents in the gas and oil industry can result in serious and even life-threatening injuries. If you or your loved one was hurt while working in this type of occupation, you may be entitled to compensation for your damages.  

Common Injuries in the Gas and Oil Industry 

Although there is significant risk of fires or explosions because of the flammable materials in the gas and oil industry, there are other injuries that can occur to those out in the field. Here are a few of the most common types of injuries incurred on an oil field site: 

Drunk driving can be very dangerous. Alcohol or drug use affects drivers in many ways, and it can lead to impairment of a person’s vision, coordination, and reaction time. Drivers need to be able to respond quickly to conditions on the road around them and take the appropriate action to avoid collisions. Drug or alcohol impairment can make it impossible to operate a vehicle safely, and because of this, driving while intoxicated (DWI) is a serious criminal offense. While most people understand that they can face consequences if they drive while drunk, those who have not previously been arrested for DWI will likely be uncertain about the charges they may face or the procedures followed after they are arrested, and they will want to work with an attorney to determine their options for defending against first-time DWI charges.

First DWI Charges in Texas

In Texas and most other states, the legal limit for a driver’s blood alcohol content (BAC) is .08 percent. If a police officer suspects that a driver is impaired, they may pull the driver over and ask them to take a portable breathalyzer test or submit to field sobriety tests. If the officer has probable cause to believe that the driver is impaired, they may perform an arrest. After an arrest, a person will be taken to a police station, and they will usually be asked to take chemical BAC tests of their breath or blood. If these tests show that a driver is above the legal BAC limit, they may be charged with DWI.

Family members do not always get along, but while some disagreements are to be expected, there are cases where a situation can get out of control, leading to accusations that one person has harmed the other or caused them to fear for the safety of themselves, their children, or other family members. Allegations of family violence can be very serious, leading to criminal charges and other consequences in Texas. Those who are facing these types of accusations will want to understand the specific charges they could potentially face, as well as how other legal issues may affect their life, family relationships, and reputation.

Family Violence Charges

If a person is arrested based on accusations of family violence, they will typically be charged with domestic assault. Under the Texas Penal Code, assault charges may be based on a person’s intentional infliction of injury or threats to injure someone else. Assault may also be charged if a person made “offensive or provocative” physical contact with someone else, such as slapping them, shoving them, or poking a finger in their chest.

According to a recent study, teens are not the only ones continuing to use their cell phones behind the wheel and hands-free devices may not provide the increased safety they purportedly offer. Despite the thousands killed and hundreds of thousands injured each year in motor vehicle accidents around the United States, middle-aged adults—not just teens and young adults—admit to using mobile devices while driving to make and receive calls, to text, and to check email or other apps. While many use hands-free devices, many continue to hold the phone in their hands, which is against the law for young drivers in Texas and generally considered to be unsafe for drivers of any age.

Distracted Driving Study

Researchers from the University of California, San Diego looked to build on the findings of other studies that examined the distracted driving habits of teenagers and younger adults. To do so, the team focused on adults ages 30-64, surveying more than 700 individuals, and publishing their findings in the Journal of Transport & Health. While the respondents represented less than an ideal cross-section of society as a whole—nearly 70 percent were white, 75 percent were women, and about 68 percent had an income in excess of $50,000 per year—the project was able to identify several alarming trends.

The state of Texas takes drug crimes very seriously, and if you are facing criminal charges related to controlled substances, you may be looking at a lengthy prison sentence, steep fines, and other consequences. In drug cases, the charges and penalties can be different depending on whether you have been accused of simple possession of a controlled substance or whether you allegedly sold, transferred, or distributed drugs to others. A skilled criminal defense attorney can help you understand the specific charges you are facing and the best defense strategies that will help you avoid a conviction or minimize your potential consequences.

Drug Possession Versus Drug Delivery

Texas law defines possession as the “actual care, custody, control, or management” of a controlled substance. Typically, possession charges are based on drugs being found in a person’s physical possession or in their home or vehicle. The penalties for possession will depend on the type and amount of drugs. Possession of less than one gram of “hard drugs” like methamphetamines, cocaine, or heroin is a state jail felony, which carries a prison sentence of 180 days to two years. Possession of these drugs in higher amounts can result in more serious felony charges that carry longer jail sentences.

Sexually explicit content, or pornography, has followed the trends of modern times. What originally existed only in paper format has now expanded to include digital content through the messaging or posting of lewd photos and videos on social media platforms. Dating apps began to surface in the past decade, allowing smartphone users to meet romantic prospects online. These types of apps typically feature a messaging platform that lets users text each other without having to give out their phone numbers. While this may have increased personal safety by reducing the number of people handing out their phone numbers to strangers, it has also increased the number of unsolicited, nude photos being sent to unsuspecting parties. This type of activity can result in criminal charges in Texas.

Current Regulations

Texas has always recognized the illegality behind photographing, videotaping, or recording the “intimate area” of another person without his or her consent. This helps protect men and women from being indecently exposed, and if this is the case, they can press charges against the individual who recorded the content. Surprisingly, the current issue focuses on receiving inappropriate content rather than being personally recorded.