Is Public Intoxication a Crime? In Texas, public intoxication is a crime. Under Texas Penal Code 49.02, public intoxication is defined as being in a public space while normal physical or mental faculties are altered by alcohol/and or drugs. For a person to be charged under this statute, their inebriated state must have made them a […]
Category Archives: Criminal Defense
Intoxication Manslaughter and Intoxication Assault are 2 of the most emotional and difficult types of cases to be charged with and to defend. Intoxication Assault is defined in Texas Penal Code §49.07. SEC. 49.07. INTOXICATION ASSAULT. (a) A person commits an offense if the person, by accident or mistake: (1) while operating an aircraft, watercraft, […]
Short answer: Yes, you really do need a lawyer. Long answer: Yes, you really do need someone who, above anything else, is an expert in the legal field and will do everything in their power to help you and keep your best interests in mind. You really do need someone to review all the evidence the State […]
When I was a prosecutor, one of my responsibilities was filing protective orders for victims of domestic abuse whose cases were sent to our office. I was surprised by how many men simply agreed to have a protective order enforced against them without even going through a hearing in front of the judge. I remember […]
The Netflix documentary series Making a Murderer is many things: frustrating, infuriating, divisive, cautionary, speculative, and perhaps most importantly, instructive. We can all learn an invaluable lesson from our time spent watching it – talking to the police without a lawyer rarely, if ever, helps. I would venture to say, having practiced criminal defense for many years, […]
Yet another unintended consequence of the current COVID-19 pandemic is the enhancement of penalties for certain types of crimes when the Governor declares a State of Emergency in Texas. Just such a thing happened on March 13, 2020, when Texas Governor Gregg Abbott issued an emergency declaration in response to the COVID-19 outbreak. Some of […]
One of the unforeseen consequences of the COVID-19 pandemic and subsequent “Shelter in Place” ordered for all residents of Texas is the increase in arrests for or involving domestic violence. It is only natural for people who are basically trapped in the same confined space to have conflicts. Add intoxicants, particularly alcohol, into any tense […]
Facing a sex crime accusation is devastating. Even if the sex crime allegation is shown to be false, the damage done can last a lifetime. Often, when someone finds out that there is some type of sex crime accusation against them, they feel completely overwhelmed and shut down. They do nothing in their defense while […]
You’ve been arrested or received a ticket on a state charge. Now what? In Texas, we have three levels of misdemeanor charges and four levels of felonies. Misdemeanors are classified as A, B or C with Class C misdemeanors being the lowest level. Felonies are classified as State Jail, 3rd Degree, 2nd Degree or 1st Degree. CONTACT US! […]
Texas has earned a reputation for being tough on drug crimes. Prison populations in Texas have jumped, thanks to the “zero tolerance” attitude that politicians take when it comes to drug offenses. Even the sale of marijuana carries the potential for a life sentence in Texas. Texas arrests more than 70,000 people a year just […]