A new law that went into effect last month in Texas significantly increases the charges that a person faces if they are arrested and charged with solicitation of a prostitute. That crime will now be charged as a state jail felony and the penalties for a conviction means a prison sentence and steep fines.

TX HB1540

For decades, the penalties for anyone arrested and convicted for prostitution were much more severe than for those charged with being a client. The person charged with prostitution was looked at as the criminal and could face jail time, while the client was usually only given a ticket, if anything at all.

However, over the past several years, law enforcement, lawmakers, and the public have come to believe that many people who engage in prostitution are not doing so willingly. Some may be victims of human trafficking who have been forced into prostitution. According to one major study, there are approximately 313,000 victims of human trafficking at any given moment in the state of Texas.

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.

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.

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 is the Difference Between a Sting Operation and Entrapment?

However, there are some circumstances in which an undercover police operation crosses the line into “entrapment.” Entrapment occurs when law enforcement persuades or forces someone to commit a crime that he or she would otherwise not commit. Police officers may pretend to be drug dealers and offer drugs for sale. However, they cannot entice someone to commit a crime that the person was not already predisposed to committing. It is often hard to know the difference between a lawful sting operation and illegal entrapment. If you were arrested for a drug crime as a result of an undercover operation or sting operation, speak to a skilled criminal defense lawyer right away.  If your attorney can prove that your drug charges were a result of entrapment, the charges may be dropped, and your case dismissed.

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.

Through a protection order (PO), a judge may: