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Recent Blog Posts
Does New Texas Bail Law Treat Poorer Defendants Unfairly?
In many criminal cases in Texas, when a person is arrested and charged with a crime, the judge will allow that person to be released on a personal bond, which means there is no collateral or deposit required. The defendant promises the court they will appear for all hearings regarding their case. They also are required to abide by all restrictions the court puts in place, as well as pay a personal bond fee within so many days following their release.
But that could all change for many defendants. Earlier this month, Governor Greg Abbot signed a new cash bail into law. The new law, which goes into effect on December 2, 2021, will make it more difficult for those accused of violent crimes to be released on bail while awaiting trial.
SB 6 - the Damon Allen Act
The new law was named after Texas State Trooper Damon Allen who was killed in the line of duty. In 2017, on Thanksgiving Day, Trooper Allen stopped a vehicle on Interstate 45 in Fairfield, Texas. As he was walking back to his patrol vehicle, the man he stopped fatally shot him with a rifle. The man accused of killing the trooper had a prior conviction of assaulting a police officer, and at the time of the shooting was out on $15,000 bond for new charges of aggravated assault on an officer and evading arrest.
New Texas Law Makes It Harder to Hold Trucking Companies Liable for Truck Accidents
Truck accident cases are one of the most complex personal injury cases that victims can pursue. One reason is that there is often more than one at-fault party that may be legally liable for the losses the victim suffers because of their injuries. For example, in a trucking accident caused by a truck driver who was speeding and unable to stop in time, the current laws say that not only would the truck driver be liable for the victim’s damages, but the trucking company that employs the driver would also be legally responsible. That law, however, changes as of September 1.
Texas House Bill 19
Under the new law, truck driver liability is now separate from any liability of the trucking company. Truck accident lawsuits will now be required to go through a bifurcated trial process. This means there will be two parts to a victim’s pursuit of damages. The first part of any action is only against the truck driver where the liability of the truck driver will need to be proven. If the victim is successful in proving the driver’s liability, the next step is determining what the victim’s compensatory damages are. Compensatory damages include actual damages, such as medical expenses and loss of income, and general damages, such as pain and suffering, emotional trauma, scarring, and disfigurement. The trucking company is not included in this first part of the victim’s lawsuit.
Undercover Drug Busts and Sting Operations in Texas
In 1971, President Richard Nixon introduced a national initiative to stop the production, distribution, and consumption of illegal drugs. The so-called “war on drugs” has led to increased police efforts to stop the spread of illicit substances throughout the country. Undercover drug busts and sting operations are two tactics police may use to find and arrest individuals who manufacture and deliver drugs. If you or a loved one were arrested on drug charges after being part of an undercover police operation, it is important to understand and assert your rights.
Can Police Lie About Being Police?
Police may use sting operations in an effort to catch criminal suspects red-handed. In the context of an undercover drug bust, this usually involves police officers masquerading as drug dealers. Contrary to popular belief, police officers do not have to tell you that they are police. They are fully permitted to lie about their identity in the execution of a sting operation. Many sting operations involve a police officer posing as a drug seller. When the unsuspecting subject of the sting operation hands over cash in exchange for the drugs, officers drop the act, announce that they are police, and arrest the individual.
What Should I Do If I Was Served with a Protection Order on False Accusations?
Being served with a protection order or restraining order can be a shocking experience. Often, restraining orders are issued when someone has been accused of domestic assault or another form of family violence against a current or former romantic partner, child, family member, or household member. The protection order may require the subject to relinquish possession of firearms, attend a domestic violence prevention program, and even prohibit the subject from entering his or her own home. If you have been served with a protection order in Texas, it is crucial that you understand your rights and obligations under the law.
What is a Protection Order?
A protection order is intended to protect victims of abuse and stalking against further mistreatment. However, it is possible for someone who has been falsely accused of domestic violence to find themselves the subject of a protection order.
Can Being a “Sugar Baby” or “Sugar Daddy” Lead to Prostitution Charges?
You may have heard the term “sugar daddy” in reference to a wealthy older man who dates younger women. Websites like Seeking Arrangements facilitate these relationships through online profiles. The profiles on websites like these are often less than subtle. It is often heavily implied or even outright stated that the man is looking to exchange financial assistance for sexual contact. Many wonder if this type of exchange may be considered prostitution.
Texas Ranks Among the Top States for Sugar Daddy Arrangements
According to Seeking Arrangements, Texas ranks fifth in the nation for the highest number of “sugar babies” on the website. Although sugar babies may be men or women, the majority are women in their 20s. Many young women are loaded with student loan debt and other financial obligations. Many struggle to meet the financial demands with a typical entry-level job. Drawn by the promise of easy money and glamour, some of these women turn to “sugaring.” Basically, the woman agrees to go on dates with a man in exchange for money, gifts, or help paying the bills. Some insist that the arrangement is strictly about companionship while others admit that the relationship mainly involves exchanging sexual contact for money or property.
Can I Sue If My Loved One Died in a Fatal Truck Crash in Texas?
Unfortunately, the Lone Star State leads the country in fatal commercial truck accidents. In 2018 alone, over 600 individuals lost their lives in crashes involving large trucks in Texas. If your loved one was killed in a commercial truck wreck, it is important to know your legal options. You may be able to hold the trucking company or other liable parties accountable for your tragic loss and recover monetary damages through a truck crash injury lawsuit.
Who is Legally Responsible for My Loved One’s Death?
Many truck crashes are preventable. Distracted driving including using a cellphone while driving, fatigued driving, speeding, and driver inattention are just some of the causes of truck crashes. Truck wrecks may also be caused by inadequate truck maintenance, faulty truck parts, improper loading and securement of truck cargo, and more. If your loved one died because of another party’s careless or irresponsible actions, it is understandable that you want to hold that party accountable. The liable party in a truck wreck may be the:
What Happens When a Texas DWI Results in Injury or Death to a Person?
Throughout the years, there have been many efforts to reduce the number of alcohol-impaired traffic crashes. While many of these programs have succeeded, alcohol-impaired driving remains a problem in today’s world. According to the National Safety Council (NSC), 48 percent of all traffic deaths in the U.S. involved an alcohol-impaired driver in 1982, though that number has dropped to 29 percent of all deaths in 2018. Texas law enforcement continues to prosecute those who drive while intoxicated (DWI) to the fullest extent of the law, especially in DWI cases involving injury or death.
Intoxication Assault
If you injure a person while you are committing a DWI offense, you will likely be charged with intoxication assault. This charge applies when you are found to have caused “serious bodily injury” to another person out of the course of operating an aircraft, watercraft or motor vehicle while you were intoxicated. Specifically, “serious bodily injury” means an injury that creates a substantial risk of death or causes serious permanent disfigurement. In most cases, intoxication assault is charged as a third-degree felony, meaning it comes with a possibility of 2 to 10 years in prison, along with up to $10,000 in fines.
When is a Crime Considered to Be a Federal Offense in Texas?
If you have ever heard someone mention the term “federal offense,” they were talking about a crime that is illegal in the eyes of the federal government. These offenses cover a wide range of subjects, from drug charges, like the sale or manufacture of controlled substances, or possibly even more serious charges, such as murder. In some cases, a crime can incur both federal and state criminal charges. Having someone by your side who handles both types of charges is important for success when you have been accused of breaking the law.
Common Factors in Federal Cases
If you have been charged with a crime, you may be wondering how the government determines whether a crime is charged in federal or state court. In typical cases, jurisdiction is first determined by the location of the crime. If a crime takes place in Texas, it will likely be under Texas’ jurisdiction for prosecution. Some crimes violate only Texas state law, however, many crimes violate both state and federal statutes. This leads to the question, “What gives a crime federal jurisdiction?” Some of the most common reasons crimes are charged as federal crimes include:
What You Need to Know About the Crime of Embezzlement in Texas
White collar crimes come in various forms and can be complex to investigate. According to the Federal Bureau of Investigation (FBI), white collar crimes are characterized by typically being nonviolent crimes that involve concealment, deceit, or violations of trust. One of the most common white collar crimes committed in the U.S. is embezzlement. Embezzlement happens on both a small scale and in larger operations. You can also face both state and federal criminal charges for a single embezzlement crime if you violated both state and federal laws. An embezzlement charge can quickly become serious. Anyone facing any type of white collar criminal charge should seek representation from a Texas white collar criminal defense lawyer.
Can I Claim Compensation if I Am Injured in a Drunk Driving Accident?
Everyone who is on the road or drives a vehicle has a responsibility to operate that vehicle in a safe manner. When a person does not drive in a safe manner, they endanger themselves and everyone else on the road. Driving while intoxicated (DWI) is highly irresponsible and can end up being extremely dangerous. According to the National Highway Traffic Safety Administration (NHTSA), there were more than 10,000 people who died from a motor vehicle accident involving a drunk driver, and many more injured. These accidents are typically severe and can result in serious injuries to those who were involved. If you have been in an accident with a driver who was intoxicated, you may be able to claim compensation for your injuries and losses.
What is Negligence in a Drunk Driving Accident?
The key to successfully claiming any sort of compensation after a drunk driving accident is proving that the other driver was negligent. In Texas, recovering compensation requires proof of “gross negligence,” which is defined as an action or failure to act that involves an “extreme degree of risk,” when considering the potential consequences and severity of harm to others. Gross negligence can also refer to an action or failure to act when the person has awareness of the risk involved, yet continues the action or failure to act, knowing it will interfere with the rights, safety, and/or wellbeing of others.
