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Recent Blog Posts
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.
Wrongful Death Lawsuit: Financial Justice for Your Loved One’s Death
There are many accidents that are caused by another party’s negligence where the victim does not survive their injuries. In these tragic circumstances, the victim’s survivors can pursue legal action against that party or parties who are responsible for the death. A wrongful death lawsuit can be critical in helping secure financial stability for the victim’s family.
What Is a Wrongful Death Lawsuit?
Wrongful death lawsuits allow survivors of victims who die as a result of the negligence or wrongdoing of another person to recover monetary damages from the person legally liable for the death. Under the Texas Wrongful Death Act, the law says that if a victim is killed due to another party’s wrongful act, negligence, or any other act that breaches a party’s duty to exercise reasonable care, that party can be held financially liable.
Under the law, a wrongful death lawsuit can only be filed by surviving spouse, the children, and the parents of the victim. A lawsuit can also be filed by a representative for the victim’s estate.
The Seriousness of Reckless Driving Charges in Texas
When a person engages in driving behaviors that can be classified under the law as reckless, they put themselves and everyone else around them in danger. Because of the seriousness of these actions, a charge of reckless driving is not considered a traffic violation in Texas, but is instead classified as a misdemeanor criminal offense. Anyone accused of reckless driving is arrested and must go through the criminal court system where they will be found either guilty or not guilty in order for the case to come to a resolution. This is why it is important to have a Travis County defense attorney advocating for you.
What Driving Behaviors Can Result in a Reckless Driving Charges?
Under Texas law, a person is guilty of reckless driving if they drive their vehicle, “in willful or wanton disregard for the safety of persons or property.” There are multiple driving behaviors which can result in a driver getting arrested and charged with reckless driving. Any driving behavior that puts others at risk of injury or death can be classified as reckless driving. There are some behaviors that are more common than others, including:
Arrest Warrants in Texas
When an individual learns that an arrest warrant has been issued against them, the person may be sent into a panic. They may envision being pulled over for minor infractions and being taken to jail after the warrant is discovered, or having the police show up at their home or place of employment. While these scenarios do occur, the fact is that the actions law enforcement takes will likely depend on your specific criminal charges and the circumstances surrounding your case. However, an arrest warrant is nothing to take lightly and is something you should consult with an experienced criminal defense attorney on right away to ensure your rights and best interests are protected.
Arrest Warrants in Texas
An arrest warrant can be issued whenever the law is broken, whether it involves a charge of theft, a white-collar crime such as fraud or embezzlement, or more serious and violent criminal offenses. Under Texas law, a law enforcement official can arrest you at the scene immediately if they see a crime has been committed, or they can request an arrest warrant from the court based on the evidence in your case.
What to Do if You Are Accused of a Sexual Offense
Of all the criminal charges in the Texas criminal justice system, sex crimes are among the most serious. In addition to eliciting a strong response from the general public, these charges are likely to have a significant impact on your career and as well as your personal relationships. Being charged with a sexual offense can also jeopardize your parental rights. In these situations, it is important to take the steps necessary to protect yourself. The following steps can be critical to the final outcome of your case.
Steps to Take when Facing Sex Crime Charges
There are a variety of different types of sex crimes listed under the Texas criminal law statutes. These can range from stalking and sexual harassment, to engaging in illicit and illegal conduct online, all the way up to charges of rape and sexual assault. In any of these situations, it is important to take the following steps to protect yourself:
