Facing a misdemeanor charge in Dallas County, Texas, can be a daunting experience. While misdemeanors are considered less serious offenses compared to felonies, they still carry potential consequences that can significantly impact your life. Many individuals underestimate the gravity of a misdemeanor charge and fail to realize the importance of…
Articles Posted in Dallas Criminal Justice
Burglary of a Habitation in Texas- Does the garage count?
What is burglary of a habitation in Texas? Burglary of a habitation is a 2nd-degree (2-20 TDC) felony in Texas. The law forbids entering a “habitation” without permission from the owner and then attempting or committing theft. See TEX. PENAL CODE § 30.02(a). What is a habitation? “Habitation” means “a…
Ineffective Assistance of Counsel- Probation Revocation Hearings
It’s hard to second guess a defense lawyer’s work on a case, and it’s something we are asked to do often. When someone takes has a trial or enters an open plea to the court (pleading guilty with no agreed sentence) and gets a result they don’t want they usually…
Defending Family Violence Charges With A Pending Divorce
What happens if you are facing a criminal charge for assault family violence, while you are getting divorced? Our law firm handles both criminal defense, and family law matters. We have seen cases in which one party, let’s say the Husband, is charged with family violence against his Wife, and…
My Defense Lawyer Won’t Call Me Back- What Do I Do?
We talk to a lot of people who have a defense lawyer and are looking to switch. One of the most common reasons defendants want to change attorneys is a lack of communication. These defendants are frustrated that they hired an attorney but can not get an update, or a…
Can I be deported for a Texas drug possession case?
If you are facing a charge of drug possession in Texas and you are not a citizen of the United States, you should be aware of the laws regarding deportation for drug convictions. What is the law on deportation for drug convictions? Under federal law, an alien convicted of a…
What is the “same criminal episode”?
What does the “same criminal episode” mean? Section 3.10 of Chapter 3 of the Texas penal code defines a “same criminal episode” as “the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under…
Rooting Contractors Theft Cases- What happens when a contractor takes your money and doesn’t do the work?
Can a Roofing Contractor be Charged with Theft? After every hail storm of tornado roofing contractors will defend on neighborhoods looking for repair work. Most contracts are honest and upright and do a great job. However, sometimes a roofing contractor is hired, paid, but then fails to fix your roof…
Prior Convictions Can Be Used Against You In “He Said/She Said” Sexual Assault Cases
A recent case from the Dallas Court of Appeals (Woodland vs State) discusses the use of prior convictions in “he said/she said” sexual assault cases. First, what is a “he said/she said” sexual assault case? It’s when the main evidence in a case is the complaining witness testifies, and so…
Must the Judge warn me about the punishment range before a defendant pleads guilty?
In law, must and shall are important words. Must and shall indicate that an action is required, it has to happen, it is a part of the process, proceeding, or hearing that can’t be ignored. Contrast that with “may”, which implies that it doesn’t matter if the thing happens or…