Monthly Archives: March 2022
What To Do When Facing A Weapons Charge In Texas
Texans have a well-established right to keep and bear arms, under the Constitution’s Second Amendment and Texas law itself. Texas has some of the more forgiving laws in the nation regarding weapons possession and open-carry of firearms, but you can still run into trouble if certain restrictions are not followed. For example, using or… Read More »
Defending Against Insurance Fraud Claims In Texas
If you are dealing with an insurance claim to recover after a covered loss, that process can be difficult and time-consuming enough. If a mistake or error is made in the insurance claim process, that can lead to even bigger problems – including allegations of insurance fraud. Insurance fraud occurs when the insured makes… Read More »
Family Violence Charges In Texas: Understanding The Legal Standards, Penalties, And Defenses
An assault allegation in Texas can turn into a charge of “Family Violence” if the alleged incident occurred between members of a family, or members of the same household. A Family Violence charge is one of the more serious criminal allegations a person can face – not just due to the criminal penalties involved,… Read More »
Is “Factual Impossibility” A Valid Criminal Defense In Texas?
If someone attempts to commit a crime, but it turns out to be “factually impossible” for that attempt to succeed, is the person still guilty of a crime? The short answer is “yes.” In Texas there is what is known as a criminal attempt. This is essentially defined as when someone has “specific intent… Read More »
What Happens When Someone Is Sentenced To Both Federal And State Prison At The Same Time?
The criminal justice system in the United States is based on the principle of “dual sovereignty.” This means that both the federal and the state governments have their own distinct, sovereign power to define and punish criminal behavior. It is therefore possible for someone to be tried, convicted, and sentenced separately in both state… Read More »
Proving Every Element Of A Criminal Case “Beyond A Reasonable Doubt”
The burden of proof in any criminal prosecution is “beyond a reasonable doubt.” This means the state must prove the defendant’s guilt of all elements of the alleged offense beyond a reasonable doubt. It is not enough to establish a “strong suspicion” or “probability” of guilt. Texas Appeals Court Reduces Felony Conviction to Misdemeanor… Read More »
Can You “Point the Finger” At Someone Else In A Criminal Trial?
Television courtroom dramas often portray cases where the defendant tries to “point the finger” at someone else whom they believe was the “real” criminal. Is this a real legal strategy? Can you actually suggest someone else committed a crime as a defense at trial? Basically, yes. The Constitution guarantees your right to present evidence… Read More »
How Do Texas “Open Container” Laws Work?
Perhaps one of the most misunderstood areas of Texas criminal law is the prohibition on “open containers” of alcohol in vehicles. Some people mistakenly believe it is okay to have an open container in their vehicle as long as they are not the driver or their car is actually running. There has also been… Read More »
What Is Embezzlement Under Texas Law?
The word embezzlement broadly refers to a situation where a person wrongfully withholds assets from their rightful owner and converts them for their own personal use. In layperson’s terms, embezzlement is a type of theft, usually involving taking someone else’s money. Although embezzlement is commonly used to describe financial crimes, the word itself is… Read More »
