Leaving a store is not required for a shoplifting conviction in Texas, but proof of intent is. Under Texas law, the prosecution must prove that the accused intended to deprive the owner of the merchandise. Without that proof, a conviction can be hard to sustain. A...
criminal defense
Can you bring legal marijuana into Texas?
Marijuana laws have changed over the years, which has somewhat complicated things. A few decades ago, marijuana was illegal on a federal level and on a state level, all across the country. Before medical marijuana programs, there was no way to get legal marijuana, and...
What aggravating factors can worsen Texas assault charges?
Assault charges may follow threatening or violent behavior. Under Texas state statutes, people can sometimes face assault charges even if no actual injuries resulted from an altercation with another person. Simple assault is typically a Class C misdemeanor offense,...
The Insanity Defense vs. Competency to Stand Trial: A Primer
This seems to be in the news a lot right now, so here is a quick guide to the difference between insanity and competency under Texas law. Very simply put, a defendant is “incompetent” when he is not capable of understanding the legal system or assisting in his own...
Facing criminal charges? Stay calm, stay focused
Facing criminal charges is an inherently overwhelming situation. As a result, people generally experience panic, fear and uncertainty after an arrest or learning that they are under investigation. Concerns about jail time, employment, family relationships and personal...
What should I do if my child gets arrested while at college?
The phone call every parent dreads often starts the same way: “Something happened, and I got arrested.” In that moment, it is natural to focus on the criminal charge —what it means, what happens next and how to protect your child. But for college students, an arrest...
Texas drug-free zones: Understanding enhanced penalties
The consequences of a drug possession charge in Texas can increase sharply if your alleged offense occurs in a designated drug-free zone. While prosecutors must still prove the required intent for the underlying drug charge, the location can trigger additional...
Can you be charged with assault if both people agreed to fight?
Two people step outside, square up and throw punches. No one calls the police and there is no complaint filed. It might seem like that should be the end of it, but that is a misconception many people share. How Texas law treats mutual combat Under state law, assault...
3 things to do in the first 24 hours after a DWI arrest in Texas
A DWI arrest in Texas triggers immediate legal and administrative consequences. Your actions in the first 24 hours can affect your case and determine whether you keep your driving privileges. Here are three important steps to help you respond effectively after being...
What is organized retail theft and how is it charged in Texas?
Organized retail theft (ORT) is not just a charge reserved for large-scale criminal enterprises. Texas law casts a much wider net than most people expect, and recent legislative updates have made the consequences even more serious. These evolving laws are worth...
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