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Recent Blog Posts
Legal Oddities: Criminal Hairspray
Under section 46.05(a)(3) of the Texas Penal Code, it is a felony to possess, manufacture, transport, repair, or sell a "prohibited weapon," including a chemical dispensing device.
Chemical dispensing device means
a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.
It's hard to think of any substance that is not "capable of causing an adverse psychological or physiological effect on a human being." Even water or air, in sufficient quantities or administered the right way, may cause adverse effects on a human.
What the Texas Legislature has done here is to make the possession of countless ordinary household items.
Can of wasp spray? Chemical dispensing device.
Can of brake cleaner? Surely.
Can of dustoff? Yep.
Can full of gasoline? Yep.
Defending the Online Solicitation of a Minor Case
What is Online Solicitation of a Minor?
Online Solicitation of a Minor is one of two offenses created by sections 33.021(b) and 33.021(c) of the Texas Penal Code:
Sec. 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section:(1) "Minor" means:(A) an individual who is younger than 17 years of age; or(B) an individual whom the actor believes to be younger than 17 years of age.(2) "Sexual contact," "sexual intercourse," and "deviate sexual intercourse" have the meanings assigned by Section 21.01.(3) "Sexually explicit" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25.(b) A person who is 17 years of age or older commits an offense if, with the intent to commit an offense listed in Article 62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally:(1) communicates in a sexually explicit manner with a minor; or(2) distributes sexually explicit material to a minor.(c) A person commits an offense if the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person....
How to Choose the Best Drug-Possession Lawyer for Your Case
Facing drug-possession charges can be a harrowing experience with potentially severe consequences. To navigate the complex legal system and protect your rights, you'll need a top drug-possession lawyer on your side. But how do you find the best attorney for your case? In this post, we'll explore the essential qualities to look for in a top drug-possession lawyer and why choosing the right attorney can make all the difference in your case's outcome.
Experience and Expertise
One of the most critical factors to consider when searching for a top drug-possession lawyer is their experience and expertise. You'll want an attorney who has a proven track record of successfully defending clients facing drug-possession charges. Look for an attorney who specializes in drug-related cases, as they will have a deep understanding of the nuances and complexities of drug laws and will be better equipped to defend your rights.
Reputation and Reviews
A top drug-possession lawyer will have a solid reputation within the legal community. Ask for recommendations from friends, family, or colleagues who may have dealt with similar situations. Additionally, check online reviews and testimonials from previous clients to gauge the attorney's performance and level of satisfaction among their clients. A highly-regarded drug-possession lawyer with positive reviews is more likely to provide you with the best representation.
Choosing the Best Sex-Crime Attorney for Your Case
Facing false allegations of a sex crime can have severe consequences on your life, including potential imprisonment, damage to your reputation, and long-lasting effects on your personal and professional relationships. In such high-stakes situations, finding the right sex-crime attorney is crucial to defending your rights and protecting your future. In this post, we will discuss the factors you should consider some when selecting the best sex-crime attorney to represent you.
Experience and Expertise
Some lawyers will not take sex-crime cases. Some will take them only reluctantly. Some will take them enthusiastically, but then not put their heart into the defeense. When looking for a sex-crime attorney, it's essential to focus on those who specialize in defending clients accused of sex crimes. These cases often involve unique legal issues and require a comprehensive understanding of the relevant laws, evidence collection procedures, and defense strategies. A skilled sex-crime attorney will have a proven track record of handling similar cases and achieving favorable outcomes for their clients.
The Complex World of Enhanced Penalties in Criminal Cases
Introduction
In the realm of criminal law, the stakes are often high, and the consequences of a conviction can be severe. One aspect of criminal law that adds even more complexity and potential hardship for defendants is the concept of enhanced penalties. In this post, we will explore the world of enhanced penalties, the factors that can lead to them, and how a skilled criminal defense attorney can help clients facing these daunting legal challenges.
The Basics of Enhanced Penalties
Enhanced penalties are increased punishments for criminal offenses, typically imposed when certain aggravating factors are present. These factors can include prior convictions, the use of a deadly weapon during the commission of the crime, or the targeting of a particularly vulnerable victim, among others.
The purpose of enhanced penalties is to deter repeat offenders and punish those who commit more serious or dangerous crimes. However, these heightened punishments can often result in excessively harsh sentences that may not accurately reflect the true nature of the defendant's actions or intentions.
How to Choose the Best Criminal Lawyer Near You
Facing criminal charges can be a daunting and overwhelming experience. Your freedom, reputation, and future are at stake, making it crucial to secure the best possible legal representation. With countless criminal defense attorneys out there, finding the right one near you can feel like searching for a needle in a haystack. In this blog post, we will discuss essential tips to help you find the right criminal lawyer in your area to defend your rights and fight for the best possible outcome.
Research the Best Local Attorneys
Start by compiling a list of the best criminal defense attorneys in your area. You can do this by asking for recommendations from friends, family, or colleagues, searching online directories, or browsing through local bar association websites. Make sure to focus on attorneys who specialize in criminal law and have experience handling cases similar to yours.
Check Online Reviews and Testimonials
Once you have a list of potential attorneys, take the time to read online reviews and testimonials. While these should not be the sole determining factor in your decision, they can provide valuable insights into an attorney's reputation, track record, and communication style. Look for patterns in the feedback – do clients consistently praise the attorney for their dedication, knowledge, or communication skills?
Defenses and Affirmative Defenses in Texas
A "defense" and an "affirmative defense" are two distinct legal concepts used in criminal law. A defense is a claim or argument made by the accused that negates or refutes the prosecution's case, without admitting to the commission of the crime. Essentially, it asserts that the defendant's actions were justified, or the prosecution has not met its burden of proving the defendant's guilt beyond a reasonable doubt.
The Texas Penal Code has various defenses, labeled in the code, "It is a defense to prosecution...." Some examples follow.
Examples of Defenses Under Texas Penal Code.
Section 8.02 - Mistake of fact: It is a defense to prosecution that the actor, through mistake, formed a reasonable belief about a matter of fact if their mistaken belief negated the kind of culpability required for the commission of the offense.
Section 8.05 - Duress: It is a defense to prosecution that the actor engaged in the proscribed conduct because they were compelled to do so by threat of imminent death or serious bodily injury to themselves or another.Section 8.06 - Entrapment: It is a defense to prosecution that the actor engaged in the conduct charged because they were induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense.Section 22.06 - Consent as a defense to assaultive conduct: It is a defense to prosecution that the conduct in question was performed under the victim's consent.Section 42.03 - Obstructing a highway or other passageway: It is a defense to prosecution that the obstruction was a reasonable response to an emergency.
Entrapment in Texas: A Hard Sell
Entrapment is a rarely-used defense in Texas criminal cases for several reasons:
Difficult Standard. "It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment." Establishing this can be quite difficult.
Predisposition: The entrapment defense is not applicable if the defendant had a predisposition to commit the crime. If the prosecution can show that the defendant was willing and ready to commit the offense before the law enforcement officer's intervention, the entrapment defense will likely fail.
Law enforcement tactics: Entrapment typically involves the use of undercover officers or informants who engage in deceptive practices to induce someone to commit a crime. Law enforcement agencies are generally aware of entrapment rules and train their officers to avoid crossing the line into entrapment territory. As a result, genuine instances of entrapment are relatively rare.
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