Criminal Defense

Sometimes, the circumstances of a case are unusual. The law makes allowances for those extraordinary circumstances by using “aggravating” and “mitigating” factors. While an aggravating or mitigating factor won’t have much bearing on whether you are convicted of a crime, it can have a massive impact on sentencing. That is the point where courts begin…

There are three ways to increase your chances of a good outcome when facing criminal charges. The first is to invoke and exercise your right to remain silent from the moment the police crash into your life.  The second is hiring a criminal defense lawyer rather than relying on a public defender.  The third is…

Everyone has heard “I plead the Fifth,” and you probably know that the Fifth Amendment protects you against self-incrimination. The specific language says “no person shall be compelled in any criminal case to be a witness against himself.” The right to remain silent and to avoid self-incrimination is also enshrined in the Texas Constitution Bill…

Have you ever considered whether you’d commit a crime if you had a literal gun to your head? These scenarios do happen in real life, and the duress defense exists to cover them.  The duress defense is codified in Texas Law under Texas Penal Code Title 2, Chapter 8.  Specifically: “It is an affirmative defense…

Texas has a tough-on-crime stance. Part of that stance is invoking harsher punishments for repeat felony offenders.  Enter the “Three Strikes Law,” a sentencing law considering prior convictions.  Felony Classes in Texas There are five types of felonies in Texas. State jail felonies, the least severe, are punishable by six months to two years. Third-degree…

One of the hardest parts of receiving an adult criminal conviction is how your criminal record continues to follow you long after you get out of jail or prison. Many Texans struggle to secure employment or housing because of criminal history records, which can make it difficult for them to avoid recidivism or rejoin society…

When it becomes clear that HPD or Texas State Police suspect you of drunk driving, you must make many crucial decisions quickly to preserve your best chance of protecting your freedom. One of those decisions is whether you will take the breathalyzer test. In the state of Texas, you have a legal right to refuse…

Most people don’t understand the criminal defense system and process well. Television, genre fiction, and a host of other media portray the system in ways that aren’t at all accurate. There are plenty of misconceptions circling around social media, as well. Here are seven common myths that can get you into trouble if you aren’t…

Our criminal justice process includes two types of juries. A petit jury can convict a person of a crime and is convened when a crime goes to trial. A grand jury convenes earlier in the process. When someone is charged with a felony in Texas, they must be indicted by a grand jury unless they…

Blackmail and extortion make fun plots in movies, but it’s not much fun to be the victim of them in real life. Both are against the law in Texas. Here’s everything you need to know about these two crimes and how we might defend you if you’re accused of them. Extortion Extortion is covered under…