Posted on August 06, 2024 in Criminal Defense

A year ago, Governor Greg Abbott signed into law two bills intended to protect Texans from illegal street racing. House Bill 1442 and House Bill 2899 enhance penalties for illegal street racing while providing law enforcement and prosecutors additional tools. While you might not consider street racing a crime that would require a skilled criminal defense, before these new laws took effect, participation in a street race was charged as a Class B misdemeanor.

Those convicted of the crime could face up to 180 days in jail and/or a fine as large as $2,000. Having this conviction on your criminal record as an adult could make it more difficult to obtain a job or housing.  For a juvenile, such a conviction could make it more difficult to be accepted into college or obtain federal grants and loans for higher education and more difficult to obtain employment.

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 Posted on July 30, 2024 in Drug Charges

Outside of some of the larger cities in Texas, where possession of small amounts of cannabis has been decriminalized, the state of Texas continues to have the harshest laws and penalties for marijuana possession. This extends to hemp and edibles with THC. While hemp can contain THC, it typically has much lower concentrations, along with higher amounts of cannabidiol (CBD), which reduces the psychoactive effects of THC.

The legality of hemp, oils, and THC edibles in the state hinges on the level of concentration of THC. Because Texas has not yet legalized medicinal or recreational marijuana, being charged with a marijuana crime can have serious consequences. It is essential that you have an experienced Frisco marijuana crimes lawyer to help you sort out the legalities and build a solid defense on your behalf.  

Has Texas Legalized Medical Marijuana?

Texas has not legalized medical marijuana in the same way that many other states have, but it does have a program called the Texas Compassionate Use Program (CUP) that gives patients with certain conditions—like epilepsy—the ability to get a prescription for marijuana from a physician registered with the program. Laws that regulate CUP can be found in Chapter 169 of the Texas Occupations Code and Chapter 487 of the Texas Health & Safety Code.  

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 Posted on July 19, 2024 in Criminal Defense

Although it has always been illegal in Texas to provide alcohol to a minor (a Class A misdemeanor), a new law that took effect September 1, 2023, increases penalties in some instances. If alcohol is supplied to a minor and the minor consumes the alcohol then causes serious bodily injury or death to another person, the person that provided the alcohol could face state jail felony charges.

A conviction for the offense could result in six months to two years in a state jail facility and a maximum fine of $10,000. HB 420, also known as Kyle and Ethan’s Law, amends the Alcoholic Beverage Code to increase criminal penalties for providing alcohol to a minor. A defendant charged with this serious criminal offense must have an experienced Frisco, TX criminal defense attorney to advocate on their behalf. Depending on the situation, certain defenses may apply that could reduce the charges to a lesser offense.  

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 Posted on July 14, 2024 in Criminal Defense

Any type of murder charge leaves you in severe legal jeopardy. When someone has died as a result of your criminal conduct, you could face extreme penalties. Even if you are charged with one of the lower degrees of homicide, your life is going to change forever if you are convicted. While capital murder and first-degree felony murder are the two most serious forms of homicide, murder charged as a second-degree felony can also leave you facing an incredibly long - even lifelong - prison sentence with little hope of parole or early release. If you are facing second-degree felony murder charges, you need a highly experienced Collin County, TX homicide defense lawyer to help you.

When is Murder a Second-Degree Felony? 

Murder can be decreased from a first-degree felony to a second-degree felony if the defendant can show that they were responding to adequate provocation and acted in the heat of the moment with no reasonable chance to cool down. This means that the provocation and the killing must have happened in very quick succession. If you had time to reflect or calm down in between the provocation and the killing, you could instead be charged with a first-degree felony, as the murder could be considered premeditated.

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 Posted on July 05, 2024 in Criminal Defense

Homicide is widely seen as the most serious crime a person can commit. Killing someone - on purpose or otherwise - permanently alters the course of numerous lives, including your own. Although the victim will not be there to speak for himself or testify against you, the court will likely hear a number of his loved ones speak on his behalf during the sentencing phase if you are convicted. This kind of victim impact statement can be heart-wrenching and may have a devastating impact on how you are sentenced. If you have been charged with any form of murder or manslaughter in Texas, you desperately need a highly skilled Frisco, TX homicide defense attorney to fight for you.

What is Capital Murder?

Texas is one of just a handful of states that still has capital punishment, commonly called the death penalty. However, its use is limited to a few very specific types of first-degree murder cases. Capital murder is only charged when:

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 Posted on June 28, 2024 in Criminal Defense

Being ordered to wear an ankle monitor can be extremely inconvenient. The monitors are not designed to be comfortable, and having to plan your day around finding a place to charge it when the battery runs low can make normal outings a struggle. These devices also limit your freedom. There are places you cannot go, and you might have a curfew. Some devices even detect the presence of alcohol in your body. It is easy to see why it might be tempting to try to interfere with these functions or even take the monitor off altogether. However, doing so is a criminal offense and likely a violation of your probation or parole. If you are accused of tampering with your ankle monitor, you need an experienced Allen, TX criminal defense lawyer.

Consequences of Tampering With a GPS Monitor

Tampering with an ankle monitor used to be a probation or parole violation, but as of last year, it is now a separate felony offense. Depending on why you were placed on the monitor, you could be charged with a state jail felony or a third-degree felony. If you are convicted, you could face more than a year behind bars.

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 Posted on June 20, 2024 in Drug Charges

The Austin Freedom Act, which residents overwhelmingly voted for, aimed to deprioritize low-level marijuana-related offenses. This gave many Texans hope that other municipalities would follow suit and stop arresting otherwise innocent people for using marijuana. However, the Texas Attorney General’s office promptly filed a lawsuit, hoping to block the new law from going into effect. The case was quickly dismissed by a Travis County judge. Although Collin County does not yet have a similar law, it is possible to adopt one in the future. If you have been charged with marijuana possession, a Frisco, TX drug crimes attorney can help you.

What Does This Lawsuit Being Dismissed Mean for Collin County? 

First, there is a strong chance that Attorney General Ken Paxton will file an appeal and seek a higher court’s help in fighting back against the Austin Freedom Act. If there is no appeal, or if Paxton’s office loses its case, this could open the door for other cities and counties in Texas to pass similar laws deprioritizing marijuana possession for personal use.

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 Posted on June 10, 2024 in DWI

Losing your driver’s license due to a DWI can make it impossible to carry out your responsibilities. Collin County is not known for having a robust public transportation system - you may not be able to get where you need to go by taking the bus if you live within walking distance of a bus stop at all. Most adults need to drive themselves to get to work or to buy groceries for their families. You may also have responsibilities like taking your children to school or picking them up from daycare. Fortunately, after a waiting period, you may qualify for one of two types of restricted driver’s licenses. A Plano, TX DWI attorney can help you work towards restoring your driving privileges.

What Is an Occupational Driver’s License? 

An occupational driver’s license is a temporary type of driving permit that allows you to drive only for limited essential purposes. This type of license is granted to those who absolutely must drive to certain places so their families do not experience undue hardship. You might qualify for an occupational license if you have no other reasonable way to get yourself or your dependent family members to and from work, school, the grocery store, or medical appointments.

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 Posted on June 05, 2024 in Family Violence

What other states might call domestic violence is called family violence in Texas. This is because victims in family violence cases can be any member of your family, including those you do not live with, and these assaults do not always take place in domestic settings. Continuous violence against the family is a felony charge that is brought when the same person commits multiple family violence offenses within a year. You can be charged with this crime for as few as two family violence offenses in a 12-month period - and jailed for up to ten years if you are convicted. A Frisco, TX family violence lawyer can take steps to defend you against this serious criminal charge.

Do Both Family Violence Offenses Have to Involve the Same Victim? 

No. Continuous family violence can be charged even if the first offense was committed against one family member and the second offense was committed against a different family or household member. For example, if you were convicted of family violence after fighting with your brother a few months ago and are arrested a second time because your girlfriend reported that you assaulted her, your second arrest will lead to continuous family violence charges.

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 Posted on May 27, 2024 in DWI

Vehicular intoxication manslaughter - causing someone’s death because you were driving while intoxicated - is the most serious DWI-related charge. People who are convicted of vehicular intoxication manslaughter can face up to 20 years in prison for this second-degree felony. This is the type of conviction that can destroy your life. While you very likely had no intention of hurting anyone and fully expected to get home safely, making the mistake of driving drunk even once can permanently alter the course of your life and the lives of others when a fatal accident takes place as a result. If you are facing DWI manslaughter charges in Texas, you need an experienced Frisco, TX felony DWI attorney on your side.

What the Prosecution Must Prove in a DWI Manslaughter Case 

Understanding what the prosecution must prove in order to convict you of intoxication manslaughter might help you understand what some possible defense strategies are. First, the state has to prove that you were driving while intoxicated. This means that you can use any of the usual defenses to a standard DWI case, such as showing that there was a problem with your chemical testing.

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