The Law Office Of H. Alex Fuller, PLLC The Law Office Of H. Alex Fuller, PLLC 2026-08-27T20:11:20Z https://www.afullerlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1100779/2021/03/cropped-favicon-fuller512-32x32.jpg by The Law Office Of H. Alex Fuller, PLLC <![CDATA[Can shoplifting lead to conviction without clear intent?]]> https://www.afullerlaw.com/?p=49537 2026-08-27T20:11:20Z 2026-08-27T20:11:20Z Why shoplifting evidence may not prove criminal intent A shoplifting accusation does not prove criminal intent. Under Texas law, the prosecution must prove beyond a reasonable doubt that the accused unlawfully took or exercised control over property without consent and intended to deprive the owner of it. Suspicious conduct may support the state’s case, but it does not prove every part of a theft charge. The evidence may contain gaps or errors that support the accused’s position, including:
  • Surveillance footage: Missing video, poor quality or blocked views may leave key events unclear.
  • Witness statements: Conflicting stories, limited views or mistaken identification may weaken the accusation.
  • Receipts and store records: These records may show that the merchandise was paid for or that the accused had permission to possess it.
  • Checkout activity: A payment mistake, distraction or misunderstanding may explain what happened without showing an intent to steal.
  • Identification evidence: Uncertain identification may weaken the link between the accused and the alleged theft.
  • Property value: A dispute over the value of the merchandise may affect the charge and possible punishment.
Conduct that looks suspicious may still have an innocent explanation. Putting an item in a bag, handling merchandise in an unusual way or leaving a checkout area does not automatically prove an intent to steal. Context matters. Courts may infer intent from the totality of circumstances, which is why an explanation for the conduct can be critical to the defense. The events before and after the incident may provide needed context. A close review of the evidence can reveal gaps, mistakes or allegations that the record does not substantiate. These issues may help challenge a Texas theft charge and protect the accused’s rights.

Protecting rights against shoplifting charges

Intent must be proven beyond a reasonable doubt, so the strength of a Texas shoplifting case often depends on the quality of the evidence. Gaps in surveillance footage, conflicting witness accounts, payment records or uncertain identification can affect whether the prosecution meets that standard. A Texas criminal defense attorney can assess the evidence, challenge the accusation and protect the accused’s rights.]]> 0 On Behalf of The Law Office Of H. Alex Fuller, PLLC <![CDATA[When can police extend a Texas DWI traffic stop?]]> https://www.afullerlaw.com/?p=49535 2026-08-20T08:20:32Z 2026-08-20T08:20:32Z What supports further investigation? An officer does not need proof of DWI before checking for possible intoxication. The officer only needs specific facts that reasonably support that suspicion. For example, an officer may smell alcohol while speaking with you. Slurred speech or trouble with balance could add to that suspicion. Your statement that you drank might also matter, although drinking alone does not prove intoxication. Courts look at these details together rather than rely on one sign. Several small observations may support a longer investigation when they all point to possible intoxication.

Why does timing matter?

A valid traffic stop does not give police unlimited time to look into other offenses. Officers must stay focused on the reason for the stop and avoid unnecessary delay. Police may ask about other issues while handling the traffic matter, as long as those questions do not make the stop last longer. If the officer notices signs of possible DWI during that time, those facts could support a longer detention. Once the traffic-related work is done, or reasonably should be done, police generally need separate reasonable suspicion to keep you there for a DWI investigation. This makes the point when the officer first noticed signs of intoxication especially important.

Understand the next steps

How long the stop lasted and what happened during it may affect your DWI case. Reviewing the record could help you understand which parts of the stop may become important in court. Consider keeping your reports, video and court papers in one place. Having those records organized might help you follow the case and prepare for the legal process ahead.]]> 0 On Behalf of The Law Office Of H. Alex Fuller, PLLC <![CDATA[Can you bring legal marijuana into Texas?]]> https://www.afullerlaw.com/?p=49532 2026-08-17T03:56:19Z 2026-08-17T03:56:19Z 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 there certainly were not any recreational options. But things have changed. In states like Colorado, marijuana is legal both for medical and recreational purposes. The same is not true in Texas, but for someone living in northern Texas, the drive to Colorado is not that far. People sometimes wonder if they can drive to a dispensary in another state, where they are legally allowed to purchase marijuana products, and then come back home to Texas.

Why this is still illegal

The short answer is that you cannot and should not do this, as it is still illegal. First and foremost, possession of marijuana products is illegal under Texas law. You may have bought them in Colorado or any other state, but the point of purchase is not the issue. If you use or possess those products in Texas, you can still face charges. The second thing to keep in mind is that, while state laws have changed, federal regulations maintain that marijuana products are still illegal. Anyone who crosses state lines is under federal jurisdiction. A person who drives from Colorado back to Texas has to cross state lines, opening themselves up to potential federal drug charges. Shifting drug laws in the U.S. have complicated things, and it is very important for those who are facing drug charges to understand exactly what legal defense options they have.]]> 0 On Behalf of The Law Office Of H. Alex Fuller, PLLC <![CDATA[Is there a legal duty to retreat in Texas?]]> https://www.afullerlaw.com/?p=49529 2026-07-29T17:28:32Z 2026-07-29T17:28:32Z No, there is no legal duty to retreat under Texas law. If you are in a location where you are legally allowed to be and you need to defend yourself, you can use force to do so without first trying to avoid a confrontation. In states with a duty to retreat law, people can sometimes find themselves in legal trouble if they claim self-defense but it is alleged that they could have retreated to avoid the confrontation entirely. In Texas, however, which is a stand-your-ground state, you are not obligated to retreat first.

This even applies to deadly force

In some cases, you may even be able to use deadly force to protect yourself or a loved one if doing so is justified. Texas Penal Code Chapter 9 specifically states that “If deadly force is so justified, there is no duty to retreat before using it.” This does mean that your actions still have to be reasonable, considering your situation, the threat you faced and the force that was necessary. For instance, not all altercations require the use of deadly force, even in a self-defense capacity. You would generally need to show that you faced a genuine fear of serious bodily injury or death. You are then allowed to use force that is proportional to that threat to protect yourself. But if you find yourself in a position where deadly force is necessary and can be legally justified, then you do not have to retreat from the premises in advance. You can exercise your right to self-defense, and you can often use this as part of your criminal defense case if you find yourself facing charges after the altercation.

Your criminal defense options

Situations like this can be very complex, and it is important to work with an experienced criminal defense attorney who understands the specifics of Texas law and the legal options you have.  ]]> 0 On Behalf of The Law Office Of H. Alex Fuller, PLLC <![CDATA[Are there any viable ways to reduce your BAC?]]> https://www.afullerlaw.com/?p=49527 2026-07-21T20:40:17Z 2026-07-21T20:40:17Z When people go out to drink, they sometimes talk about trying to sober up before they go home. In many cases, their goal is simply to reduce their BAC because they know that they have to drive. They do not want to face impaired driving charges, so they are trying to sober up first. There are a few different ways that people talk about doing this. Drinking a cup of hot coffee is one potential example. Others include taking a shower, drinking water or eating a large meal.

Does this actually sober you up?

If you have to drive after drinking, though, it is very important to know that all of these are just myths. They are not actually going to sober you up, and they are not going to reduce your BAC. Having a cup of coffee does not magically lower your BAC or mean that you are not going to face impaired driving charges. In some cases, these tactics can help to wake you up. The caffeine in a cup of coffee or the burst of cold water if you take a shower can certainly wake you up and make you feel a bit more alert. But your BAC is not any different than it was before. The only real way to get your BAC to go down is to wait, and it generally drops at about 0.015% per hour. If you wait long enough, it can get below the legal limit or even return to zero.

Criminal defense options

Are you facing impaired driving charges, perhaps because you did not realize your BAC was still over the legal limit? If so, you must know what legal defense options you have.  ]]> 0 On Behalf of The Law Office Of H. Alex Fuller, PLLC <![CDATA[What aggravating factors can worsen Texas assault charges?]]> https://www.afullerlaw.com/?p=49525 2026-07-06T20:48:48Z 2026-07-06T20:48:48Z The use of a weapon If an assault involves threatening or harming another person with a dangerous weapon, the situation may be severe enough to warrant aggravated assault charges. Even if a person simply brandishes a weapon, that can theoretically be a sufficient reason for prosecutors to pursue aggravated assault charges.

Serious bodily harm

Aggravated assault charges often follow altercations where one person sustained serious bodily injuries. The state considers any injury that creates a risk of death or causes permanent disfigurement a serious bodily injury. In some cases, raising questions about intent and other details of the situation could help assault defendants push back on the classification of the offense. A lawyer’s support when assessing the charges and planning a response can make a profound difference for a defendant. Fighting aggravated assault charges could involve a comprehensive defense strategy or possibly plea negotiations that aim to reduce the charges against the defendants at issue.]]> 0 On Behalf of The Law Office Of H. Alex Fuller, PLLC <![CDATA[Texas is cracking down on DWI: Two new changes to note]]> https://www.afullerlaw.com/?p=49523 2026-06-25T18:53:48Z 2026-06-25T18:53:48Z driving laws are not static. Legislatures revise statutes, agencies update administrative rules and courts interpret how those rules apply in real cases. Staying up to date is not only about avoiding penalties. It is about protecting your license, your livelihood and the safety of everyone on the road. As such, it is important to note that Texas lawmakers have recently agreed to increase penalties for certain drunk driving offenses throughout the state. The following will provide an overview of these updates and tips if you face allegations of an offense. 

What are the updates to Texas drunk driving laws?

There are two of note:
  1. School zone: Those who are arrested for drunk driving in a school crossing zone now face felony charges. 
  2. Minors in the vehicle: Allegations of drunk driving with a child under the age of 15 in the vehicle can also result in felony charges.
These felony charges apply even for first time offenses. This means even a first offense can now result in years of jail time and a $10,000 fine. 

How can I protect my rights if facing a DWI in Texas?

A driver facing DWI charges in Texas can protect their legal rights by acting quickly and staying disciplined in what they say and do. The driver should request legal counsel as soon as possible and avoid answering investigative questions beyond providing required identification information. The driver should not discuss the incident with police, jail staff or anyone else who could later become a witness, and the driver should not post details on social media or send messages about the arrest.  It is also important to take immediate steps to address administrative deadlines and evidence issues that can affect the case. There are many legal steps involved which can include the need to request an Administrative License Revocation hearing, review dash and body camera footage as well as breath or blood testing records and maintenance and calibration logs for testing devices.  Legal counsel can help not only to build a defense tailored to details of your case but also to help better ensure you are aware of all necessary court dates, bond conditions and court-ordered requirements. Missed obligations can create additional legal problems.  Drunk driving laws evolve in response to public safety data, technology and court decisions. Staying up to date helps you avoid preventable mistakes, understand your responsibilities and protect your future. If you have questions about how a recent change applies to your situation, consult an experienced attorney in your jurisdiction for advice tailored to the facts.]]> 0 On Behalf of The Law Office Of H. Alex Fuller, PLLC <![CDATA[What it means to face a per se DWI charge in Texas]]> https://www.afullerlaw.com/?p=49521 2026-06-24T23:46:39Z 2026-06-24T23:46:39Z A per se offense involves a high alcohol level Most times, per se DWI charges begin with failed chemical tests. Anyone whose blood alcohol concentration (BAC) is over the legal limit could face a DWI charge, even if they drove perfectly before encountering a police officer. For most adults in Texas, the BAC limit that applies is 0.08%. Those not old enough to legally drink are generally subject to a 0.02% BAC limit. Anyone operating a commercial vehicle, such as a bus or semi-truck, is subject to a 0.04% BAC limit. Defense strategies are often much different in per se cases than in those based on collisions or poor driving. Excluding test results from the trial or providing explanations for a failed test could raise questions about whether a driver was truly over the legal limit. Reviewing the details of the state's case with an experienced criminal defense attorney can help those who have been charged with a Texas DWI offense limit their risk of a conviction and protect their rights.]]> 0 On Behalf of The Law Office Of H. Alex Fuller, PLLC <![CDATA[Understanding criminal conspiracy charges in Texas law]]> https://www.afullerlaw.com/?p=49519 2026-06-13T19:51:50Z 2026-06-13T19:51:50Z How conspiracy cases are built Conspiracy charges are often built using indirect evidence. Text messages, call logs, financial transactions and location data are frequently examined for patterns that suggest planning or cooperation. Even ordinary interactions can take on a different meaning, depending on how the evidence is presented. Witness testimony from the individuals involved can also be used to support the prosecution’s case. Prosecutors may then point to an alleged "overt act" as evidence that the agreement moved beyond discussion and into action. That act does not need to be unlawful on its own. It only needs to be presented as a step in furtherance of the alleged objective.

What determines the seriousness of a conspiracy charge?

Criminal conspiracy in Texas is classified one level below the most serious felony involved in the alleged plan. For instance, a drug trafficking conspiracy might involve:
  • Possession of a controlled substance
  • Delivery/distribution of drugs
  • Money laundering
Each of those offenses carries its own felony classification and level of severity. Rather than averaging them or randomly selecting one, Texas law bases the conspiracy charge on the most serious felony connected to the plan. The conspiracy offense is then classified one category below that felony.

Act quickly to protect your interests

The stakes are very high if you are facing conspiracy charges in Texas, and acting early is crucial. The alleged agreement, the overt act and every piece of evidence the prosecution intends to use can all be challenged, but only if you have experienced legal representation before the case solidifies against you.]]> 0 On Behalf of The Law Office Of H. Alex Fuller, PLLC <![CDATA[Is a threat assault in Texas?]]> https://www.afullerlaw.com/?p=49517 2026-05-28T17:58:46Z 2026-05-28T17:58:46Z Yes, just intentionally making a threat that the other person believes is genuine can result in assault charges in Texas. This is important to note because many people assume that it is only assault if physical contact is made. But the reality is that someone can be arrested and charged even if there was never any physical contact and they did not harm the other individual. Just making a threat can lead to Class C misdemeanor charges.

What are the ramifications?

One important detail to keep in mind is that the potential sentence for a charge is much different if there is physical contact or not. For instance, a threat may lead to Class C misdemeanor charges, which could lead to a fine of up to $500. However, if there is physical contact and injury, even without other aggravating factors, this could mean that it is a Class A misdemeanor. This is a much more serious charge that could lead to fines of up to $4,000 and up to a year of incarceration.

What are aggravating factors?

Some cases do have aggravating factors present, such as if the person being assaulted is a public servant, a family member, an EMT, a police officer or others in certain official positions. In some cases, these can escalate the charges. For instance, aggravated assault that is committed against a police officer is often a first-degree felony, which could lead to five years to life behind bars, depending on the specifics of the case.

Your defense options

This helps show how every assault case is different, and there are many details that need to be considered when facing charges. If you find yourself in this position, it is critical that you know exactly what charges you are facing and what legal defense options you have.  ]]> 0