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Recent Blog Posts

5 Reasons Your DWI Breath Alcohol Test Results Could Be Wrong

 Posted on October 19, 2022 in Criminal Defense

Austin, TX DWI defense lawyerWhen police suspect someone of drunk driving, they often administer a breath alcohol test or "breathalyzer." The driver blows into the device and the device analyzes the amount of alcohol contained in the breath sample. The breath alcohol content is used to approximate the driver's blood alcohol content.

Breath tests are generally considered to be trustworthy indicators of intoxication. However, they are not perfect. If you or a loved one were arrested for drunk driving, it is important to know how unreliable breath alcohol test results can impact the case.

Breath Test Problems Can Lead to Inaccurate Results

There are a number of ways that the accuracy of breath test results can be compromised:

  • Mouth Alcohol - If there is any alcohol in the mouth at the time of the test, it will skew the results. This can happen if the driver burped, vomited, or had anything to drink right before the test.

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Is Being a Sugar Baby Illegal in Texas?

 Posted on September 26, 2022 in Criminal Defense

Midland Texas Sexual Offense LawyerPublic opinion regarding sexuality has changed dramatically in the past few decades. Websites where individuals can sell explicit photographs such as Onlyfans are increasingly popular. However, there is a fine line between selling adult pictures and videos online and meeting someone for paid sex. Chiefly, the former is legal while the latter is illegal. 

“Sugar relationships” are another increasingly popular means of making money, especially among young women. "Sugar babies" who offer companionship in exchange for money or gifts and the "sugar daddies" who provide these gifts often worry about the legal implications of their actions. They ask themselves questions like, "Is being a sugar baby the same as prostitution?" or "Can I go to jail for paying a sugar baby for sex?" The questions to these answers are not always easy to understand, and the sugar baby relationships often straddle the line between prostitution and a legal relationship. 

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Legal Options After an Oil Industry Accident in Austin 

 Posted on September 13, 2022 in Personal Injury

Midland Texas Oil Industry Burn Injury LawyerTexas is the leading crude oil producer in the United States, producing over 40 percent of the nation's crude oil in 2021. Oil refineries are responsible for millions of jobs in Texas and help ensure that individuals across the country have access to reliable energy sources. Unfortunately, working in the oil industry comes with certain risks. Severe worker injuries and fatalities occur in the oil and gas industry at a much higher rate than injuries and fatalities in other industries. Some of these injuries and fatalities are unavoidable, while others are the direct result of another party's negligence or wrongful actions.

If you or a loved one suffered a serious injury while working in the oil industry, you may be able to take legal action and pursue monetary compensation for damages.

Common Oil Industry Injuries in Texas

There are many different types of injuries that can occur in the oil industry. Some of the most common include:

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Can I Go to Jail for Stealing in Texas?

 Posted on August 25, 2022 in Criminal Defense

Midland Texas Shoplifting LawyerThe 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:

  • 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. 

  • 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.

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Is Delta-8 Legal in Texas?

 Posted on August 19, 2022 in Criminal Defense

Midland Texas Criminal Defense AttorneyThe 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. 

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What Are the Charges for Possessing or Distributing Child Pornography in Texas? 

 Posted on July 28, 2022 in Criminal Defense

midland child porn defense lawyerThe 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: 

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Can I Open Carry a Handgun Without a Permit in Texas? 

 Posted on July 19, 2022 in Criminal Defense

austin criminal defense lawyerStarting 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. 

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UPDATE: New Law Makes Sending Unwanted Nude Photos a Crime in Texas

 Posted on June 21, 2022 in Criminal Defense

Midland Texas Sex Crimes LawyerOriginally 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.

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Can I Face Drug Charges in Texas for Possessing or Using Marijuana?

 Posted on June 10, 2022 in Criminal Defense

Austin Marijuana Possession LawyerEven 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. 

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Additional Penalties for Driving While Intoxicated With a Child in the Car

 Posted on May 18, 2022 in Criminal Defense

Austin DWI defense lawyerIn 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.

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