Category Archives: Criminal Defense
Is Driving Slowly Down a Dirt Road “Evading” the Police in Texas?
It is a criminal offense in Texas to evade a police officer who is lawfully trying to detain you. Specifically, Section 38.04 of the Texas Penal Code states a person commits a felony if they “intentionally flee[] from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest… Read More »
Am I Going to Lose My Job?
This is one of the most common questions we receive from our clients, who are often understandably nervous about the consequences of having a criminal charge on their employment. Unfortunately, the answer to this question can be complicated and varies depending on the nature of the offense and the specific duties required of the… Read More »
What is an ANP?
In Texas, victims of and witnesses to crime have the option of filing what is known as an ANP, or an Affidavit of Non-Prosecution. This is a type of sworn statement, where a person states that he or she doesn’t wish for a case to proceed against the accused. While ANPs can be convincing… Read More »
Am I Going to Jail/Prison?
The stakes are never higher than when a person has been accused of committing a criminal offense. Texas law punishes convicted offenders harshly, with even some first-time offenders required to spend time in jail. Whether someone goes to jail or prison depends on a number of factors, including the type of crime allegedly committed,… Read More »
How Can the State Get a Conviction if It’s Just He Said/She Said?
In Texas, a person can only be convicted of a criminal offense if the state can prove, beyond a reasonable doubt, that the defendant committed the crime in question. The evidence that a state uses when attempting to satisfy this burden will vary depending on the type of case, but the most common forms… Read More »
Do I Need to Tell My Job?
One of the concerns that we hear most often from our clients is whether or not they will need to tell their employer that they were arrested. Fortunately, the answer to this question is usually no, although in some specific cases, it could be required. For a more specific answer, as applied to the… Read More »
I Signed an ANP So Why is the State Still Prosecuting the Case?
In Texas, a person who has accused someone else of committing a crime has the option of recanting their story by filing an Affidavit of Non-Prosecution. Also known as an ANP, these affidavits are a type of sworn statement wherein an accuser explains that he or she doesn’t wish to press charges against the… Read More »
What is Probation Like?
Not everyone who is convicted of a crime will go to jail. This is because Texas courts offer many legal alternatives to incarceration, such as probation. Also known as community supervision, probation is a system that allows those who have been convicted of criminal offenses to avoid jail time and to instead serve their… Read More »
How Does the SOL Work?
In Texas, there are specific laws in place that dictate how long the state has to press charges against a defendant. These are known as statute of limitations (SOL) and these laws set a maximum time limit on prosecutors, who must file their cases before the expiration of this deadline. When the statute of… Read More »
What’s Their Proof Against Me If They Don’t Have Me On Video?
Whether a camera at the self-checkout stand or a bystander filming on their phone, it can sometimes feel like just about everything is captured on video these days. This can often prove extremely helpful, especially in criminal cases, with video recordings able to establish an accused’s innocence. It can also be used as strong… Read More »