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Parole Barriers to Employment in Texas
For those on parole, finding steady employment can be crucial to rebuilding and regaining their lives. Unfortunately, parole conditions (Title 4, Subtitle G, Chapter 508) and state regulations may place unexpected limits on the types of jobs parolees are allowed to accept. Beyond the obvious restrictions of working in childcare or law enforcement, some other occupations with hidden barriers can derail a job search.
Parolees who are expecting these restrictions can better avoid setbacks while planning for realistic job opportunities. Speaking to an experienced Austin, TX parole attorney can help you get on the right employment path early on in the process.
Why Does Employment Matter in Texas Parole Situations?
In many cases, finding and maintaining employment is a condition of parole, so the parolee has little input into whether or not employment is necessary. Failure to adhere to the condition of maintaining employment can lead to a parole violation and even revocation of parole. Both the parole board and the state of Texas believe holding down a job plays a crucial role in the parole process for the following reasons:
When a Bar Fight Becomes a Felony: Texas Aggravated Assault
Mere seconds can potentially make the difference during a night out at a local Texas bar, as a simple scuffle turns into felony aggravated assault charges in the proverbial blink of an eye. In addition to serious legal consequences, a felony conviction also carries collateral consequences. A felony conviction can make it difficult to obtain employment or housing and can complicate the process of obtaining or maintaining a professional license.
If you planned on seeking higher education through a federal student loan, those dreams can also disappear. It is essential to understand when a bar fight escalates from a misdemeanor to a felony. A highly skilled Conroe, TX criminal defense lawyer can begin building a defense on your behalf while working to protect your future.
How Does Texas Law Define Aggravated Assault?
Under Texas Penal Code Section 22.02, aggravated assault occurs when someone causes serious bodily injury to another person or uses a deadly weapon during an assault. When a person intentionally, recklessly, or knowingly inflicts severe harm on another person, or uses a firearm, knife, or other weapon during an assault, then the assault becomes aggravated assault.
The Harsh Reality of TX Magic Mushroom Possession Penalties
Psilocybin mushrooms, also known as "magic mushrooms," are gaining national attention for their potential medical benefits regarding depression, anxiety, and PTSD. In Texas, however, possession of magic mushrooms is a serious criminal offense. Psilocybin is classified as a Penalty Group 2 controlled substance, placing it in the same legal category as PCP and MDMA.
Even small amounts of psilocybin can result in felony charges, time behind bars, and a permanent criminal record. If you have been charged with possession of psilocybin, it is important to speak to a highly skilled Conroe, TX drug crimes attorney who will protect your rights and your future.
What Are Magic Mushrooms?
Psilocybin is a chemical obtained from specific types of fresh or dried mushrooms. Psilocybin mushrooms are found in Mexico, Central America, and the United States and are commonly known as magic mushrooms or shrooms. Psilocybin mushrooms are ingested orally or brewed as a tea.
Understanding 11.07 Writs of Habeas Corpus in Texas
Anyone who has ever been arrested and convicted for a crime they did not commit or who has had a loved one in this situation knows the sadness, frustration, anger, and desperation it can cause. Perhaps appeals were made, but they were denied, and you or a loved one is sent to prison. What can you do? Is there any recourse for such an untenable situation?
You may or may not have heard of a writ of habeas corpus. There are different types of these writs, but they all focus on post-conviction relief in the form of overturning a wrongful conviction. While a writ of habeas corpus is often confused with an appeal, an appeal can only make arguments based on trial errors and must be filed immediately following the trial and conviction.
Generally speaking, a writ of habeas corpus allows a person convicted of a crime to present new evidence that was not considered at trial or to argue ineffective assistance of counsel. If you feel you or a loved one could be eligible for an 11.07 writ of habeas corpus, speak to an experienced Dallas, TX writs lawyer.
How the Amount of Drugs Influences Charges and Sentencing
A woman recently arrested with almost 1,300 pounds of cocaine was given a $750,000 bond. The Beaumont woman has been charged with first-degree felony drug possession after being stopped on I-10 for a traffic stop. The cocaine was being transported in a white, 15-passenger van towing a U-Haul trailer. When the police saw the driver commit a traffic violation, the woman was pulled over, and a K-9 was deployed, alerting the police officer to the presence of narcotics.
When the U-Haul trailer was searched, the police found 12 large containers filled with cocaine. The street value of the cocaine is estimated to be about $17.3 million, or $13,584 per pound. The woman was transported to the Jefferson County Jail, where she was charged with Possession of a Controlled Substance of more than 400 grams. If the woman is able to pay the bond, she will be forced to wear a GPS monitor and remain in Jefferson, Harris, or Chambers counties.
Can You Defend Yourself Against Police Excessive Force?
With a very narrow exception, it is virtually never legal in the state of Texas to use self-defense against a police officer. Using self-defense against a police officer – even if you feel justified because the officer is using excessive force – is generally charged as resisting arrest or assault. Under Texas Penal Code 9.31(c), if a police officer uses excessive force before the person attempts to resist, then that person may, in response, use "reasonable force to resist."
As you might imagine, this is a very complex area of the law, and claims of self-defense against a police officer are rarely successful without clear documentation of excessive force. While Texas generally allows the use of self-defense, and self-defense is one of the primary defenses to charges of assault, there are certain limitations. If you have been charged with assault or resisting arrest, and you believe you were justified in your response to excessive force, speaking to a Conroe, TX criminal defense attorney can be beneficial.
The Process of a Direct Appeal in Texas
When the Court of Appeals is asked to overturn your sentence because of a legal error made by the judge during your trial, this is known as a direct appeal. While any case in which the death penalty has been assessed will go directly to the Court of Criminal Appeals, other criminal cases will go to one of 14 Courts of Appeals across the state, and the decisions of the Court of Appeals can be reviewed by the Court of Criminal Appeals. If you believe the judge in your case made an error that would have changed the outcome of your trial, it is time to speak to an experienced Conroe, TX appeals attorney.
What Are Some Reasons for a Direct Appeal?
Perhaps the judge in your case excluded evidence that would have benefitted you or admitted certain evidence that almost certainly harmed your outcome. Either of these would be the basis for overturning your conviction through appeal. Maybe your attorney intended to put a witness on the stand who would have spoken to your character, yet the judge refuses to let him or her testify.
What Are the Best Defenses to Assault Charges in Texas?
Recently, three juveniles and two first responders suffered injuries from an apparent free-for-all in Forney, near the North Forney High School. As he attempted to break up the fight, a Forney ISD officer was attacked from behind, as multiple suspects attempted to grab the officer’s gun.
During this attempt, the gun was discharged, and while no one was hit, the deputy and three juveniles were hit in the leg by discharge fragments. The incident occurred after school hours and was not on the school premises. Because so many people were involved, no assault arrests have yet occurred.
There are three types of assault in the state of Texas, ranging from misdemeanor assault to felony assault, with a wide array of punishments and penalties. Assault is always a serious offense, even when it is charged as a misdemeanor. If you are charged with assault, it is important that you speak to a Conroe, TX criminal defense lawyer.
What Are the Differences Between 2254 and 2255 Writs?
The legal system can often be complex and confusing for those forced to navigate the system because of a criminal conviction. One of the more complicated issues relates to a Writ of Habeas Corpus. A writ is an order from a higher court to a lower court or to a government agency or official.
When a Writ of Habeas Corpus is filed, you are asking the court to order the government agency to appear and bring you before the court. A federal habeas corpus writ refers to your right to challenge the conviction or sentence in federal court after being convicted of a criminal offense.
The specific situation will determine what type of federal writ should be filed. If your constitutional rights were violated during your trial or sentence and you are seeking justice when all other avenues have been exhausted, a Conroe, TX appeals attorney can help.
Can I Be Charged With a Felony For Having THC Oil in Texas?
Twenty-four states have legalized marijuana for recreational use, but Texas is not one of them. Cannabis is considered a controlled substance in Texas, and possession of the drug is a serious crime that can result in heavy fines and prison time. Even waxes and oils that contain Tetrahydrocannabinol (THC) are considered controlled substances and can carry heavy penalties if found in someone’s possession.
As cannabis use becomes more widespread, Texans may forget that THC products are illegal. THC oil, for instance, has a number of uses that people find beneficial and may not be easily recognized as a controlled substance. If you are facing drug possession charges, make sure to consult a Texas criminal defense attorney who can begin building your defense.
When Does Possession of THC Oil Become a Felony?
Texas allows marijuana use for specific medical conditions such as seizures, cancer, ALS, autism, and post-traumatic stress disorder (PTSD). THC oil, on the other hand, is considered an even more dangerous substance than the marijuana plant because of its high concentration and potential for abuse. It therefore is classified as a Scheduled I controlled substance and does not have any medical value under Texas law. Any oil or substance that contains a concentration of at least 0.3% Delta-9 THC is illegal to possess, manufacture, or distribute.
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From our office in Conroe, Texas, we provide representation for clients in communities throughout Montgomery County, including Magnolia, Pinehurst, Montgomery, Panorama Village, Willis, Splendora, Patton Village, New Caney, Porter, and The Woodlands, as well as other areas surrounding Houston, including Spring, Katy Richmond, Friendswood, Galveston, Harris County, Fort Bend County, and Galveston County. We also represent clients throughout the state of Texas, including San Antonio and Bexar County, San Marcos and Hays County, Austin and Travis County, Georgetown and Williamson County, Dallas and Dallas County, Waco, El Paso, Corpus Christi, Abilene, Temple-Killeen, Forth Worth, Midland-Odessa, Lubbock, Tyler, and Tarrant County, and Denton and Denton County.
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