Forgery involves creating, altering, or using a false document with the intent to defraud or harm another person. This could range from signing someone else's name on a check to creating a completely fake driver's license. If you or a loved one is facing forgery charges in Texas, you need a top Houston criminal-defense lawyer by your side. In this blog post, we'll discuss what constitutes forgery under Texas law and the potential penalties if convicted.

Understanding Forgery in Texas

Under Texas Penal Code Section 32.21, a person commits forgery if he or she:

1. Forges a writing with the intent to defraud or harm another;

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As a Top Houston Criminal-Defense Lawyer, I often encounter clients who find themselves entangled in the complex web of Texas prostitution and solicitation laws. These laws have undergone changes in recent years, and it's crucial to understand the current state of the law if you or a loved one is facing such charges.

Effective September 1, 2021, Texas Penal Code Section 43.02 outlines the crime of prostitution. A person commits an offense if they knowingly offer or agree to receive a fee for engaging in sexual conduct. This offense is considered a Class B misdemeanor, but it can escalate to a Class A misdemeanor or state jail felony depending on the number of previous convictions.

In contrast, Texas Penal Code Section 43.021 focuses on the crime of solicitation of prostitution. This occurs when a person knowingly offers or agrees to pay a fee to another person for engaging in sexual conduct. Solicitation is generally considered a state jail felony. However, it can be upgraded to a third-degree felony if the individual has a prior conviction under the same section or under the previous law (Section 43.02(b) before September 1, 2021). Additionally, it can be classified as a second-degree felony if the person being solicited is younger than 18 or believed or represented to be younger than 18, regardless of the actor's knowledge of their age.

Jury instructions are an essential part of any criminal trial in Texas. They are the set of legal rules that the judge provides to the jury to help them understand the relevant law and how it applies to the facts of the case. Jury instructions are typically given after the presentation of evidence and closing arguments by both the prosecution and the defense.

In a Texas criminal case, the judge will typically provide the jury with both general and specific instructions. General instructions cover broad legal concepts, such as the presumption of innocence, the burden of proof, and the elements of the offense. Specific instructions, on the other hand, apply those legal concepts to the particular facts of the case.

The judge may also provide the jury with instructions on affirmative defenses, which are defenses that admit the underlying conduct but argue that the defendant is not criminally responsible due to some specific circumstance. For example, self-defense or duress may be considered affirmative defenses in some cases.

In 2014, the Texas Court of Criminal Appeals-Texas's highest court for criminal-law appeals-issued an important decision in the case of Ex parte Lo, which addressed the constitutionality of Texas Penal Code § 33.021(b), a statute that criminalizes the online solicitation of a minor.

In that case we argued that the statute was overbroad and violated the First Amendment's protection of free speech. Specifically, we argued that the statute criminalized a wide range of conduct that did not involve actual harm to a minor and therefore, was unconstitutional.

The court ultimately agreed with us and held that § 33.021(b) was overbroad in violation of the First Amendment. The court reasoned that the statute criminalized a wide range of protected speech, including speech that did not involve actual harm to a minor.

As a criminal-defense lawyer, it's essential to avoid conflicts of interest in order to provide the best possible representation for your clients. A conflict of interest occurs when a lawyer's personal or financial interests conflict with the interests of their client, which can lead to a breach of trust and compromise the client's legal rights.

Here are some common types of conflicts of interest in criminal defense and how to avoid them:

• Multiple clients with conflicting interests: If a lawyer represents multiple clients who have competing interests, this can create a conflict of interest. For example, if two clients are charged with the same crime, the lawyer cannot represent both clients without running the risk of a conflict of interest.

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