If you are serving probation in Texas, violating any probation terms could lead to serious consequences like incarceration or reimposition of a suspended prison sentence. But what kinds of actions could cause a judge to rule you have violated probation? Here are some of the main ways probation can potentially be revoked and how a lawyer can help.

Committing a New Offense

One clear probation violation is being arrested or convicted for a new criminal offense during the probation term. Texas judges do not take probationers breaking the law again lightly, even if charges are dismissed. An arrest, charges, or new conviction could all trigger revocation proceedings.

Failing Drug or Alcohol Tests

Most probation terms strictly require abstaining from all illegal drugs and alcohol consumption. Failing an ordered drug or alcohol test indicates prohibited substance use in direct violation of probation rules. Even testing positive for legal substances like marijuana could be considered a violation by some judges.

Police in Texas use deception when interrogating suspects, but within limits. They cannot cross ethical or legal lines. Understanding exactly when the tactics become unacceptable is key. If brought in for questioning, you must know your rights. Deceptive police tactics can wrongly pressure people into admissions or false confessions. Working with a lawyer can help you so you know when and how to answer the questions.

Common Types of Deceptive Interrogation Tactics Used in Texas

Among the most frequent deceptive tactics Texas police use are:

• Falsely claiming eyewitnesses identified the suspect when no witnesses actually exist.
• Bluffing that a suspect’s friend, accomplice, or co-defendant has already confessed and implicated the suspect, in order to elicit admissions.
• Exaggerating or minimizing the potential criminal charges the suspect faces in order to intimidate or persuade a confession.
• Deceiving the suspect into thinking prosecutors will “go easy” or offer plea bargains if they confess.

Police use deception to pressure suspects into making admissions or confessions during interrogations. Their lies are strategically designed to manipulate people into telling the “truth.” However, these tactics can result in false confessions as well. Suspects often do not fully understand their rights or how the justice system works. This lack of knowledge allows officers to exploit people into confessing to things they did not actually do.

In recent years, there has been a growing shift in public opinion regarding marijuana use. The majority of states allow the use of marijuana for medical purposes, and some states have also legalized the drug for recreational use. However, it is important to remember that marijuana is still considered an illegal controlled substance under federal law and in Texas. If you are facing drug charges for marijuana possession in Texas, it is crucial to understand the potential consequences you may face if you are convicted.

Marijuana Laws in Texas

Texas has some of the strictest drug laws in the United States when it comes to marijuana. The possession, sale, distribution, or cultivation of any amount of marijuana is considered a criminal offense. The severity of the offense depends on several factors, such as the amount of marijuana involved and whether there was an intent to distribute.

Under the Texas Controlled Substances Act, possession of less than two ounces of marijuana is classified as a Class B misdemeanor. This offense carries a penalty of up to six months in jail and/or a fine not exceeding $2,000.

Originally published: December 27, 2021 -- Updated: August 17, 2023

Update: As described below, accusations that someone has possessed child pornography can lead to multiple types of serious consequences. However, it is also important to understand when a person could potentially be accused of promotion of child pornography, which is an even more serious offense. This sex crime can not only result in large fines and multiple years of jail time, but a person who is convicted will be required to register as a sex offender, which can limit where they will be able to live and affect their ability to find employment.

Of the different offenses that can result in criminal charges in Texas, robbery is among the most serious. Because it is usually considered a violent crime, accusations of robbery can result in harsh treatment from law enforcement, and a person will face felony charges. However, there are some cases where a charge may be elevated to aggravated robbery, and a conviction could result in even more serious penalties. By understanding the elements that may elevate a robbery charge to aggravated robbery and the potential consequences of an aggravated robbery conviction, those who are accused of this offense can determine their best options for addressing the charges. With the help of a skilled and experienced criminal defense attorney, a person can take steps to avoid a conviction or resolve their case with minimal penalties. 

Defining Robbery and Aggravated Robbery

Robbery is a form of theft in which the perpetrator is accused of either causing someone to suffer bodily injuries or acting in a way that led someone to fear that they would be seriously injured. Theft charges may be elevated to robbery if a person allegedly took any actions that led to someone else’s injuries, threatened to inflict harm, or behaved in a manner that led someone to believe that they would be injured. 

A charge may be further elevated to aggravated robbery if a person is accused of committing robbery and also causing serious bodily injury to another person or using or exhibiting a deadly weapon during the commission of the robbery. These aggravating factors may lead to increased charges and more serious penalties.

Slip and fall accidents can happen to anyone, anywhere, and at any time. While some may think of these accidents as minor incidents that only result in a few bruises or scrapes, the reality is that slip and fall accidents can lead to serious injuries. In fact, slip and fall accidents are one of the leading causes of preventable injuries in the United States, according to the National Safety Council. If you have been injured in a slip and fall accident while visiting property owned by someone else, you may need to consult with an attorney to determine whether you can recover compensation through a premises liability claim.

Common Causes of Slip and Fall Accidents

Slip and fall accidents can occur due to a variety of factors. Some of the most common causes include:

• Wet or slippery floors

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Slip, trip, and fall accidents are common causes of serious injuries. Some falls may appear minor, but they may result in a variety of forms of bodily harm, such as traumatic brain injuries that occur when a person strikes their head on the ground. In more serious cases, such as when a person falls from a great height, fall injuries can be life-threatening, or they may result in permanent disabilities. When fall accidents take place on someone else's property, including when visiting someone else's home or at a restaurant, store, or shopping mall, a person who was injured will need to determine whether the property owner was responsible. It may be possible for an injury victim to pursue a premises liability claim and recover compensation for their injuries and damages.

Premises Liability in Texas

Property owners have a legal duty to make sure their premises are reasonably safe for people who are allowed to enter, including invited visitors or customers. This duty applies to all types of properties, including residential homes, commercial buildings, and public spaces. If someone other than the property owner is in control of the property, such as a store owner who is leasing commercial space, the tenant will have the duty to protect the safety of visitors. If a property owner or tenant fails to fulfill this duty, and a person is injured as a result, the owner or tenant may be held liable for the victim's damages. If a person can demonstrate that they were injured because of the negligence of a property owner, they may seek compensation for their medical bills, lost wages, pain and suffering, and other damages.

Slip and fall or trip and fall accidents are among the most common situations where visitors to a property may suffer injuries. These accidents can happen for a variety of reasons, including wet or slippery floors, uneven surfaces, broken tiles, cracked sidewalks, potholes in parking lots, and debris on the ground. In order for a property owner to be held liable for a slip, trip, and fall accident, a person must prove that the owner knew or should have known about the hazard and failed to take reasonable steps to fix it or warn people about it.

Killing someone else is one of the most serious crimes a person can commit, and if a person's intentional actions led to someone's death, they may face murder charges. Those who are found guilty of this crime can face severe consequences, including life imprisonment and even the death penalty. For anyone who could potentially face murder charges, it is essential to understand the nature of the charges, the potential penalties for a conviction, and the options for defense.

Murder and Capital Murder Charges

The offense of murder generally involves intentionally killing someone or knowingly taking actions that lead to a person's death. However, a person may also be charged with murder if they took actions that were intended to cause someone to suffer serious bodily harm, and these actions led to someone's death. For example, a vicious beating with a weapon such as a baseball bat is likely to cause serious bodily injuries, and if the victim dies from their injuries, the perpetrator may be charged with murder.

Murder charges may also apply if a person took actions that led to someone's death while committing a felony. These actions may be taken during criminal activity or when fleeing a crime scene. If a person acted in a clearly dangerous way, and someone was killed, they may be charged with murder, even if they did not intend to kill someone. For example, if a person attempted to rob a bank and exchanged gunfire with police officers while fleeing the scene, and this led to the death of a bystander who was struck by a stray bullet, the person may be charged with murder.

Originally published: July 19, 2022 -- Updated: May 29, 2023

Update: In addition to the potential criminal charges for public intoxication described below, there are several other offenses that you could potentially be charged with in these situations. These may include:

The state of Texas has strict laws concerning domestic violence, which is generally referred to as "family violence" in the state's statutes. If you are accused of family violence, you may face severe consequences, including criminal charges related to domestic assault, sexual assault, child abuse, or other offenses. However, in many cases, the most immediate concerns may be related to protective orders that could affect multiple aspects of your life. If you are worried about how you may be affected by an order of protection after being arrested for or accused of family violence, you can work with a criminal defense attorney to determine how to respond to these issues.

Protective Orders in Texas Family Violence Cases

A person who believes that they or their family members may suffer harm due to domestic violence may apply for an emergency protective order, and they will usually be required to appear before a judge and explain why the order is needed. This is also known as an "ex parte" order, which means that only one party needs to be present at a court hearing, and a protective order may be issued without the person who is accused of family violence being given a chance to defend themselves against the accusations.

If police are called to respond to a domestic incident, and they believe that one party has committed family violence, they may perform an arrest and pursue criminal charges. In these cases, a judge may choose to issue a Magistrate's Order of Emergency Protection, which is similar to an ex parte protective order. Either of these types of orders may place restrictions on the person accused of domestic violence, including prohibiting them from committing any form of abuse, excluding them from their family home, and preventing them from contacting their spouse, partner, children, or others named in the order. An emergency protective order will usually remain in effect for 20 days, and a Magistrate's Order of Emergency Protection may last from 31 to 91 days depending on whether a case involved serious bodily injuries or the use of a deadly weapon.

Being charged with a sex crime is a serious matter, and the consequences that come with a conviction can be severe. In addition to facing lengthy prison sentences, large fines, and periods of probation, a person who is convicted of this type of offense will have to register as a sex offender. Being on the sex offender registry can limit a person's employment prospects, make it difficult to find housing or pursue education, and cause irreparable damage to their reputation and personal relationships. Anyone who has been charged with a sexual offense will need to understand the potential sex offender registration requirements that may apply if they are convicted. By working with an experienced criminal defense attorney, they can determine the best steps to take to avoid these consequences.

Texas Sex Offender Registration Requirements

In Texas, anyone who has a "reportable conviction or adjudication" will be required to register as a sex offender. The offenses that require registration include:

• Sexual assault or aggravated sexual assault
• Indecency with a child
• Continuous sexual abuse of a young child
• Online solicitation of a minor
• Incest
• Solicitation of prostitution, compelling prostitution, or aggravated promotion of prostitution
• Human trafficking
• Child pornography offenses, including possession or promotion of child pornography or inducing or encouraging a sexual performance by a child
• Aggravated kidnapping with the intent of committing sexual abuse against the victim
• Burglary with the intent of committing sexual assault or another sex crime
• A second conviction for indecent exposure

Notably, sex offender registration requirements may apply even if a person was not convicted of a sex crime. An adjudication of delinquent conduct in a juvenile law case or a deferred adjudication may require sex offender registration. Registration may also be required as part of the terms of community supervision (probation). People who were convicted of sex crimes in other states or countries will be required to register as sex offenders in Texas if they will be living, working, or attending school in the state.

Divorce can be a complex and emotionally charged process, particularly when it comes to dividing assets. Retirement benefits are often a significant part of a couple's financial planning, and they are just one of many important factors to consider during a divorce. It is important for divorcing spouses to understand the various types of retirement benefits they may need to address, how these assets may be divided, and what factors are involved in the process.

Types of Retirement Benefits

There are several different types of assets that spouses may rely on to provide for their financial needs when they retire in the future. Each of these assets may be treated differently during a divorce. Here are some common types of retirement benefits:

• Defined contribution plans - These plans are funded by an employee, usually by deducting a certain amount from their income and depositing these funds into a retirement account. A person's employer may also make contributions on the employee's behalf, such as by matching a certain percentage of the amounts deposited into an account. Examples of these types of plans include 401(k) accounts, Thrift Savings Plans, and individual retirement accounts (IRAs).
• Defined benefit plans - These plans provide a guaranteed benefit to employees upon retirement. The amount a person will receive will usually be based on a formula that takes into account factors such as their average salary and their years of service. Examples of these types of benefits include pensions and annuities.
• Military retirement benefits - People who have served in the U.S. military, including active-duty servicemembers, retirees, and veterans, may be eligible for benefits that will provide them with income after they retire.

Dividing Retirement Benefits Between Divorcing Spouses

If retirement benefits were earned or if contributions were made to retirement savings accounts during a couple's marriage, these assets will be considered marital property that will need to be divided between spouses during the divorce process. In many cases, spouses are able to negotiate agreements in which the funds in retirement accounts will be divided fairly along with other marital assets. Funds may need to be transferred from one account to another during this process.

The dangers of drunk driving have been well-established. The use of alcohol or drugs can significantly impact a person's ability to operate a vehicle safely, and a person who is intoxicated is much more likely to be involved in an accident that could result in serious injuries or fatalities. Because of these risks, anyone who is accused of operating a vehicle after using drugs or alcohol may face criminal charges for driving while intoxicated (DWI). In most cases, a first-time DWI will be charged as a misdemeanor, and while a variety of penalties will apply, a person usually will not face a lengthy prison sentence if they are convicted. However, there are some situations where a DWI arrest may result in felony charges, and a person may be sentenced to one year or more in prison.

What Constitutes a Felony DWI?

In Texas, the basic charge for driving while intoxicated is a Class B misdemeanor, although a charge may be elevated to a Class A misdemeanor if a person had a blood alcohol concentration (BAC) of .15 percent or more. A second DWI may also be charged as a Class A misdemeanor. Class B misdemeanors have a maximum sentence of six months in prison, and Class A misdemeanors have a maximum sentence of one year.

A DWI charge may be elevated to a felony in the following situations:

There are a variety of different situations in which a person may be charged with theft in Texas. The specific charges for theft will usually be based on the value of the items that were allegedly stolen. However, additional considerations may apply in cases involving retail theft. If you have been accused of shoplifting or charged with retail theft in Texas, it is important to understand the possible penalties you may face. This offense can be very serious, and you could potentially face a sentence in prison as well as large fines. Fortunately, with the help of a criminal defense lawyer, you can determine how to address and defend against these charges.

Specific Charges for Retail Theft and Their Penalties

Retail theft may involve any situations where merchandise is taken from a retail store without the permission of the owner. Many cases involve people pocketing items and walking out without paying for them, but there are other situations in which a person may be accused of taking actions meant to deprive a store owner of merchandise or the money they would have received from customers. For example, people may switch price tags on items or ring up items incorrectly using self-checkouts in order to pay less than the full retail price. These actions may also lead to criminal charges for retail theft.

It should also be noted that Texas law defines the offense of "organized retail theft," which involves any situation in which a person possesses, receives, conceals, sells, or disposes of retail merchandise that they knew was stolen. This means that a person who holds stolen merchandise for a friend or receives and resells stolen items may also be charged with retail theft.

According to the National Safety Council, approximately half of all teenagers will experience an car accident before they graduate high school. Many of them will walk away from their accidents with little more than a few bumps and bruises. Others will suffer severe injuries and may even be killed. Thankfully, parents can minimize their child’s risk by staying actively involved. It is important to take steps to keep your teen safe while on the road.

Continue Riding with Your Teen

Statistics indicate that teens who continue driving with their parents in the car are less likely to experience a crash than those who have little to no driving time with an adult after obtaining their license. There may be several reasons for this, such as a lower likelihood of engaging in risky behavior when a parent is present and more practice time with an experienced adult. Whatever the reason, the reduced risk makes spending time in the car together well worth the effort. As an added bonus, extra time with your teenager can strengthen your relationship as well.

Enforce Rules for Teens Driving on Their Own

Parents should also enforce strict driving rules for teens, and they should have clear consequences if the teen directly violates those rules. The National Highway Traffic Safety Administration specifically suggests that parents expressly talk to their teen drivers about the dangers of speeding, alcohol use, cell phones while driving, extra passengers, and a strict adherence to seatbelts. If you decide to place limitations, the consequences are completely up to you, of course, but you should be sure that they highly discourage risky behavior behind the wheel.

In Texas divorce cases, protective orders are not uncommon. Unfortunately, domestic violence and other circumstances that place the safety of others in jeopardy are, too often, key factors in a person’s desire to file for divorce in the first place. 

While getting a divorce may be an important step in distancing yourself from a partner who places you or your children in harm’s way, the divorce process can sometimes take a long time. For people who need protection sooner than later, there are options, known as protective orders, that can keep children out of their partner’s reach before the divorce is finalized. 

Who Can Obtain a Protective Order?

In Texas, there are five situations in which someone may be eligible for an order of protection. In order to obtain a protective order in Texas, one of the following details must be true: 

America is full of busy people. There are workers rushing to their jobs, and parents shuffling their children off to school and soccer practice. Then there are those who are running late to a doctor’s appointment, or in a hurry to get to the airport. Unfortunately, all that hustle and bustle means that some drivers are going faster than they should. This type of driving can increase the risk of causing an accident and may also lead to more serious injuries for victims. If you or someone you love has been injured, you should know your rights—including your right to pursue full and fair compensation.

Respect for Speed Limits is Deteriorating

While most people do recognize that speed limits are the law, not a suggestion, researchers suggest there is an erosion of respect for those laws. In fact, a 2002 study found that one-third of drivers admitted to regularly driving at least 10 miles per hour faster than other road users. These were all self-reported incidents, which suggests the actual numbers could be much higher.

In a more recent study, researchers from Purdue University asked 988 drivers a single question: at what point did they feel like speeding became a personal threat to them or their family. They were given three options to choose from: 5, 10, and 15 miles per hour over the speed limit. Nearly half (43 percent) said they felt safe driving up to 10 miles per hour over the speed limit. Another 36 percent asserted that safety did not become a concern until they exceeded 20 miles per hour over the posted speed limit.

Drunk driving suspects are often asked to blow into a breath-testing device during traffic stops. The device measures the alcohol in the person’s breath which can be used to assess their intoxication level. According to Texas law, a driver with a blood alcohol concentration (BAC) of 0.08 percent or more is considered to be intoxicated and subject to prosecution for driving while intoxicated (DWI). Therefore, the results of breath tests heavily influence most DWI cases.

Many people are unaware that there are two different types of breath tests used by police officers in most states, including Texas. It is important to know how these breath tests can affect a DWI case and what to do if you were charged with drunk driving based on a breath test result.

Portable Breath Tests Are Preliminary Tests

When police suspect a person of driving under the influence of alcohol, they may require the person to complete field sobriety tests or a breath alcohol test—commonly referred to as a “breathalyzer.” Police must have “probable cause” to arrest someone, which means that the officer must be able to cite an objective reason why they believe the person committed a crime. The small, easily transported breathalyzers that most people are familiar with are preliminary breath tests. These tests have only one purpose: establishing probable cause.

The divorce process can be emotionally and financially draining. When you and your ex cared for your children together under one roof, it may have been easier to work together to take care of your family’s financial needs. However, things change significantly after divorce, and both parents may struggle to make ends meet.

If your ex has not been paying child support, this can cause a great deal of difficulty for you. It may be hard to understand why your ex would be avoiding payments, but here are some common reasons that may explain why the money you need for your child is not coming your way:

Changes in Finances

Your ex might not be paying child support because they do not have the money to give. The amount of child support payments specified in a divorce judgment is based on the paying parent’s net income at the time of the divorce. Issues such as a job loss or large medical expenses can affect how much your ex is able to pay. If you think this may be the reason why you are not receiving child support, you may wish to talk to your ex or even request a modification so that they can at least pay what they are able to. Setting a payment that your ex can afford is better for everyone than you not receiving any payments at all.

Many people have heard the term “plea bargain” but do not know exactly what it means in the context of a Texas criminal case. Whether you or a loved one are facing charges for driving while intoxicated (DWI), intoxication assault, or another offense, it is important to understand what a plea bargain is and the advantages and disadvantages associated with plea bargains. There is no one-size-fits-all strategy that works for dealing with DWI charges. The best way to explore your legal options after a DWI arrest is to speak with an experienced, knowledgeable criminal defense lawyer.

What Exactly is a Plea Bargain?

When someone is charged, or formally accused, of a crime, they have the option to plead guilty or “no contest” or plead not guilty. If they plead not guilty, the case typically advances to trial where the defendant and prosecution are each given an opportunity to present evidence and arguments. The jury evaluates both sides, deliberates, and reaches a verdict.

Before the trial starts, the prosecution may offer reduced charges or a lighter sentence in exchange for a guilty plea. Essentially, the defendant agrees to plead guilty to an offense in exchange for some type of benefit. In many cases, taking a plea bargain or plea deal is in the defendant’s best interest.