Prison sucks, and any prison sentence can feel like cruel and unusual punishment in Texas. Can a sentence be too long to be constitutional? Theoretically yes, the Constitution places limits on how long someone can be sentenced, but in practice, it’s an argument that our appellate courts routinely reject. How…
Dallas Criminal Defense Lawyer Blog
Texas Drug Labs Can’t Distinguish Legal Hemp from Illegal Marijuana, That’s Awesome
Good news for some marijuana defendants in Texas. It may be more difficult for the government to convict you now that hemp is legal. The issue is in the way the law now defines legal hemp products. Texas recently legalized hemp, and defined hemp as cannabis Sativa l. with a…
New Texas Law Limits “Rent To Own” Theft Charges
A new law in Texas is going to make it more difficult to arrest people who fail to complete rent to own contracts. Have you ever bought furniture on a “rent to own” basis? Where you made monthly payments to a store, and then after a year or two owned…
Supreme Court holds “crime of violence” enhancement unconstitutionally vague
The Supreme Court held today that a enhancement provision for a “crime of violence” was unconstitutionally vague. What’s a “crime of violence” enhancement? 18 USC 924(b) allows for harsher penalties if an offense was a “crime of violence”, which is a criminal act “that by its nature, involves a substantial…
Hemp is now legal in Texas, so what is Hemp?
Texas has some of the countries cruelest and stupidest drug laws. However, as of June 14, 2019 they are a little less stupid with the signing of House Bill 1325 that legalizes Hemp in Texas. Marijuana is still illegal, what’s the difference? Basically, it’s the THC-level. What is Hemp in…
Forney Criminal Defense Lawyers
You or a loved one have been arrested in Forney and you are searching for “best criminal defense lawyer in Forney” or “lawyers near me” (we see that a lot in our analytics). It’s great that you found Guest and Gray Law Firm! We are Forney’s largest and highest rated…
What is compelling prostitution in Texas?
The offense of compelling prostitution in Texas is a serious felony offense, it’s a more serious charge with an “under 18” enhancement. What is prostitution in Texas? Sex for money basically. Texas Penal Code 43.02(a) says that prostitution is knowingly offering or agreeing to receive a fee to engage in…
Shoplifting Cases in Forney
Most of the local shoplifting cases seem to happen at the Forney Wal Mart. This isn’t really surprising. Wal-Mart has a history of attracting crime and even overwhelming local law enforcement. Let’s consider a basic shoplifting charge, what happens? Loss prevention will apprehend a suspected thief, and wait for the…
What’s a 705(b) expert hearing?
If you are going to trial in a criminal case the State may be calling one or more expert witnesses to the stand. For example, in a DWI case with a blood test, the State may call a toxicologist to explain the blood results to the jury. Defendants have the…
Indecency With A Child By Sexual Contact – Texas Penal Code 21.11(a)(1)
What’s considered Indecency with a Child by Sexual Contact in Texas? A person commits this offense if the person engages in sexual contact with a child younger than seventeen years of age or causes a child to engage in sexual contact. TEX. PENAL CODE ANN.§ 21.11(a)(1) What degree of felony…