One of the most common misconceptions in criminal cases is the idea that “if the officer didn’t read me my rights, the case should be dismissed.” While there is some truth to the importance of Miranda rights, the law is more nuanced—and whether a violation affects your case depends on several key factors. This post…
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When Can You Use Force to Protect Another Person in Texas?
Understanding Defense of Others Under Texas Law Texas law recognizes that individuals have the right to use force, including deadly force, to protect another person under certain circumstances. This principle, known as defense of a third person, is outlined in Texas Penal Code § 9.33. However, the right to intervene is not unlimited, and using…
U-Visa Fraud: How False Accusations Impact Criminal Defense in Houston
The U-Visa was created to protect victims of crime while encouraging them to cooperate with law enforcement. However, in many cases, false accusations are made to exploit the system and obtain immigration benefits. As a criminal defense attorney, it is crucial to recognize when a U-Visa is a motive for fabricating a criminal allegation and…
How Possession is Proved in Drug Cases
In Texas, drug possession charges can carry severe consequences, but proving possession is not always straightforward. Many people assume that possession means ownership, but that is not the case under the law. Prosecutors must prove that a defendant had actual or constructive possession of a controlled substance and knew of its presence. Understanding these legal…
The Impact of a Criminal Record on Employment in Houston and How Expunction Can Help
Many people mistakenly believe that if their case was dismissed, it will automatically disappear from their record over time. Unfortunately, that’s not the case. In Texas, dismissed charges, arrests, and even certain convictions remain on your criminal record forever—unless you take legal action to remove them. For job seekers in Houston, having any type of…
Defending Assault-Family Violence Strangulation Cases in Houston
Domestic violence allegations are serious, but when strangulation is involved, the stakes are even higher. In Texas, Assault-Family Violence (also known as domestic violence) is typically a Class A misdemeanor, but if strangulation is alleged, it is elevated to a third-degree felony, punishable by 2 to 10 years in prison and up to a $10,000…
Sudden Passion in Texas Murder Cases: What You Need to Know
When facing a murder charge in Texas, the stakes couldn’t be higher. However, not all homicides are treated equally under the law. In some cases, a legal concept known as sudden passion can significantly reduce the potential punishment after a murder conviction. But what exactly is sudden passion, when does it apply, and what impact…
Houston Listcrawler Arrests: Online Escort Sting Risks & Charges
Houston Listcrawler arrests have become increasingly common as the Houston Police Department and other Harris County agencies continue targeting online escort advertisements. Many of these investigations involve platforms such as Listcrawler and Eros.com, where undercover officers attempt to arrange meetings that lead to prostitution or solicitation charges. If you were arrested in one of these…
Will I Be Required to Obtain an Interlock Device After a DWI in Houston?
One common consequence of a DWI in Texas and the Houston area is a requirement that you obtain an ignition interlock device. An ignition interlock device is a device that a driver has to blow into prior to turning on the car, and may “lock” the car if it detects alcohol on the driver’s breath. …
What if you had no choice but to drive drunk? The defense of necessity in driving while intoxicated (DWI) cases in Texas.
Texas law contains several defenses that have been approved by the legislature and made a part of Texas law – so-called statutory defenses. Examples of statutory defenses are self-defense, duress or entrapment. Even if you engaged in conduct that amounts to a criminal offense, a statutory defense could be used to find a defendant “not…
