Recent Blog Posts
How Is BUI Charged in Texas?
With so many lakes all around, boating is a popular activity in San Antonio. Whether you board a boat while on vacation, during a holiday weekend, or after a long day at work, sailing is an excellent choice for unwinding. However, some people can take that relaxation a bit too far by drinking excessively.
Boating accidents associated with alcohol can cause damage and injury and Texas treats boating under the influence (BUI) very seriously. Charges can bring heavy penalties, including fines, prison sentences, and more. If you are accused of BUI, speak with a skilled Texas criminal defense attorney for guidance.
How is Sobriety Tested on Water?
It is against the law to sail a boat if you are under the influence of alcohol or drugs. Just like with driving a car, the legal limit for blood alcohol content (BAC) is 0.08%. If you demonstrate an impaired ability to sail the boat, you can be charged for BUI even with a lower BAC.
Getting a Misdemeanor Expunged from Your Record in Texas
There is a wide variety of crimes that can be charged as a misdemeanor in Texas. Convictions for things like drugs, theft, assault, and prostitution can be charged as a misdemeanor, which will remain a permanent stain on your criminal record. This can have consequences for many aspects of your life because background checks are now commonly part of the process of applying for a job, a mortgage, or college. Even if you allegedly committed the crime years ago when you were less mature, it can keep punishing you well into your future. Fortunately, the Texas legal system allows for the possibility of getting a record expunged if certain conditions are met. If you have a misdemeanor on your record, speak with a skilled San Antonio, TX criminal defense lawyer about whether you are eligible for expunction.
Which Misdemeanors Can Be Expunged?
Under certain circumstances, there is a possibility of getting your misdemeanor expunged from the record. That means it is essentially removed from the record, and if there is a background check, it will seem like you were never convicted of any crime. However, this is not an option for all people and for all misdemeanors. Your misdemeanor might be considered for expunction if:
What Factors Can Impact My Criminal Charges in Texas?
If you are suspected of committing a crime, it does not necessarily mean you will go to jail. Even if you are convicted, it still does not mean there is one clear outcome. Two people convicted of the same crime could end up with different penalties.
One of the many factors that impact how you might be charged and sentenced in Texas is your criminal record. You could receive a harsher sentence if you have past convictions. If you are concerned that charges from the past might impact your sentencing, speak with a skilled San Antonio, TX criminal defense lawyer to understand your options.
Prior Convictions and Increased Sentences
The way you are charged for violent crimes can be significantly impacted by any prior convictions on your record. For example, Texas has sentencing guidelines about how past convictions are factored into new sentences. With a previous criminal record, you might be bumped up into a category with a higher minimum sentence. Past convictions can also lessen your chances of getting out on probation or parole since demonstrating an ability to repeat your alleged crimes makes it easier for a judge or parole board to believe you will be a repeat offender.
Human Smuggling on the US-Mexico Border
As the U.S. nears a presidential election and immigration becomes an increasingly heated topic, people are paying attention to human smuggling. Politicians and prosecutors want to be seen as tough on crime, and the government is trying to crack down on smugglers.
Law enforcement does not mess around with these cases and convictions result in serious, long-lasting punishment. A Texas human smuggling defense attorney is your best shot at getting a positive outcome in your case.
Human Smuggling vs. Human Trafficking
Human smuggling and human trafficking sound similar, but they have important differences. Human smuggling involves people who want to be moved from one place to another, at least initially. Smuggling provides a service to help move, such as false documents or transportation.
What to Do if You Are Falsely Accused of Rape in Texas
Few people believe they will ever find themselves in a situation in which they are being falsely accused of committing a crime, to say nothing of an extremely serious crime like rape. Nevertheless, false accusations of rape happen to young men in Texas every day.
The consequences of rape accusations can be severe. Not only do you face the chance of a criminal conviction, which most likely means jail time, fines, and probation, but your reputation, job prospects, relationships, and more may be on the line. Even if you are certain that you had completely consensual sex or did not have sex at all with the person accusing you, it is essential to take accusations and any ensuing investigations and charges seriously. Innocent men have been jailed for sex crimes they did not commit.
Learn what to do if you have been accused of rape, and then contact our Texas sex crimes defense attorney now.
What Are the Penalties For Unlawful Possession of a Weapon?
While Texas is known for having more lenient gun laws, you can still face penalties when you unlawfully carry or possess a firearm in the state. Unlawful possession of a weapon in Texas is a gun crime that is taken seriously, and you can face severe legal consequences for violating gun laws. An experienced Texas weapons charges attorney can help you understand your legal options if you are facing this charge.
What Counts as Unlawfully Possessing a Firearm?
In Texas, unlawful possession of a firearm occurs when an individual carries or otherwise possesses a firearm despite restrictions prohibiting this behavior. Under both federal and state law, individuals who cannot lawfully possess firearms include the following:
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Individuals under 18 years of age
Sexual Offenses in Texas: Understanding Megan’s Law
Sex crimes have harsh penalties in Texas, and many sex crimes require offenders to provide their details to the state’s sex offender registry. The creation of the sex offender registry in Texas is related to Megan’s Law, a federal law that outlines the monitoring and notification process of sex offenders.
If you have been charged with a sex crime in Texas, you may be subject to Megan’s Law. A skilled Texas sex offense defense attorney can answer your questions and help you understand your rights if you face these charges.
What Is Megan’s Law?
Megan’s Law refers to federal legislation that was introduced and enacted in 1996 after the tragic 1994 case of Megan Kanka. Megan Kanka, who was seven years old at the time, was abducted, sexually assaulted, and murdered by a twice-convicted sex offender who lived across the street from her family home. The family did not know of the presence of the sex offender in their neighborhood, and federal legislation sought to create sex offender registration lists and notification systems in the aftermath of this case.
What Are Texas Internet Crimes?
Internet crimes are not always taken seriously, as many people think that they will not be caught engaging in anonymous illicit behavior on the internet. However, Texas prosecutes internet crimes aggressively, and many types of internet crimes can land you with a conviction that stays on your record forever.
If you have been arrested for an internet crime, hiring an experienced Texas internet crimes defense lawyer is key to protecting your rights and understanding what to do next.
Types of Internet Crimes in Texas
The Texas Penal Code outlines the types of online crimes in the state that can result in criminal convictions. In general, activities online that involve fraud, child pornography, solicitation of prostitution, piracy, and theft, including identity theft, are illegal.
What Are the Penalties for Mortgage Fraud in Texas?
Mortgage fraud is when a person intentionally makes false or deceiving statements to obtain property or a mortgage loan. Any person involved in the process of home buying, from the real estate agent and mortgage broker to the buyer, can commit mortgage fraud, though most cases of mortgage fraud involve a person falsifying or misrepresenting facts to a mortgage lender.
Mortgage fraud is a serious crime in Texas, and it is considered a white-collar crime. If you have been charged with mortgage fraud, you will need the skilled representation of a Texas criminal defense attorney.
Types of Mortgage Fraud
Several different types of mortgage fraud exist, and this crime is often charged alongside crimes like tax fraud or identity theft. Accusations of any of the following schemes or activities can be considered mortgage fraud:
What Exactly is a Motion to Revoke Probation?
In Texas, probation (community supervision) is a common alternative to incarceration for individuals convicted of certain crimes. However, when a person fails to comply with the terms of their probation, they may face a Motion to Revoke Probation (MTR). A Texas lawyer can help you understand an MTR, how it works, and what you can expect if you find yourself in this situation.
Make Sure You Understand Probation in Texas
Probation is a form of criminal sentencing that allows a person to remain in the community under the supervision of a probation officer. In Texas, probation can be granted for misdemeanors and felonies, with terms lasting from six months to ten years. Probationers must adhere to specific conditions, such as regularly reporting to their probation officer, maintaining employment, and refraining from drug and alcohol use.
