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Recent Blog Posts

How Can I Appeal My Sentence in Texas?

 Posted on June 06,2024 in Appeals

TX defense lawyerSometimes, a defendant is punished with a sentence he feels is illegal. If so, he can try to appeal the sentence by filing something known as a writ of habeas corpus, which is a legal procedure aimed at determining whether the court has unlawfully convicted and sentenced someone. This article will examine how you can do that in Texas. Of course, if this applies to you, speak with a qualified Montgomery County, TX criminal defense attorney for more tailored advice on how to appeal your sentence.

Responding to an Unjust Sentence

In the state of Texas, convicted defendants have two ways of establishing that their sentence is not legal:

  • Unlawful conviction: They can claim that their sentence is not lawful because they were unjustly convicted of a crime that they did not commit.
  • Unlawful length of sentence: They might admit that they committed the crime attributed to them and agree that they deserve some sort of punishment but dispute the specific sentence on the grounds that it is too severe for the crime.

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The Latest Updates to Texas Parole Special Conditions Policy

 Posted on May 22,2024 in Parole

Fort Worth Parole LawyerIf you or a loved one is on parole or facing potential parole, it is essential to have a Texas lawyer who stays current on the latest policies from the Texas Department of Criminal Justice (TDCJ). The TDCJ recently released an updated policy, effective November 30, 2023, regarding the imposition, withdrawal, and modification of special conditions for parolees through their Offender Information Management System (OIMS).

What are Parole Special Conditions?

When an individual is granted parole or mandatory supervision release, the Board of Pardons and Paroles (BPP) can impose special conditions on top of the standard conditions of release. These could include things like mandating participation in substance abuse treatment, restricting travel outside specified counties, prohibiting contact with minors, requiring sex offender registration and treatment, and many others.

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What to Know About the Texas Senate Bill 4 (SB 4)

 Posted on April 19,2024 in Uncategorized

Conroe criminal defense lawyerAs the laws change, legal professionals and the public must stay informed about new legislation that may impact lives and careers. One such piece of legislation is Senate Bill 4 (SB 4), passed by the 88th Texas Legislature during its fourth special session in 2023. A Texas lawyer can help you understand the potential implications if you face criminal charges.

New Criminal Offenses Under SB 4

SB 4 introduces several significant changes to the Texas Penal Code, particularly in Chapter 51. These changes include the creation of new criminal offenses related to immigration, such as Illegal Entry From a Foreign Nation, Illegal Reentry by Certain Aliens, and Refusal to Comply with an Order to Return to a Foreign Nation. Individuals facing criminal charges must understand these new offenses and the potential consequences.

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Information on Clearing Your Criminal Record in Texas

 Posted on March 13,2024 in Post Conviction

Conroe criminal defense lawyerUnder Texas law, those with certain qualifying criminal offenses may be eligible to clear their record through either an expunction or a non-disclosure. These legal processes can provide a clean slate and open up jobs and other life opportunities that a criminal history may have otherwise restricted. A Texas lawyer can help determine if you have the potential to clear your record.

What is an Expunction?

An expunction, also called an expungement, is the destruction of arrest records. It treats the arrest as though it never occurred. To qualify for an expunction in Texas, you must have been arrested but not charged with an offense, had charges dismissed, acquitted, or pardoned. Also, the statute of limitations cannot have expired if no charges were brought.

If granted an expunction, agencies and entities with your arrest records must destroy them. Your records are removed from public access, and you may legally deny that the arrest ever happened or that records exist. Certain types of records, such as records of your arrest held by federal agencies, are not subject to expunction.

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Understanding the Factors Behind Parole Approval or Denial

 Posted on February 15,2024 in Parole

Blog ImageParole is a critical aspect of the criminal justice system in Texas, providing an opportunity for incarcerated individuals to reintegrate into society before completing their full sentence. However, the decision to grant or deny parole is a complex process that involves careful evaluation of various factors. When seeking to navigate issues related to parole, it is essential to retain the services of an experienced criminal defense attorney

Factors Affecting Whether Parole is Approved or Denied

  • Offense severity and criminal history – One of the primary factors influencing parole decisions is the nature and severity of the offense committed. Serious crimes, such as violent offenses or those involving weapons, may decrease the likelihood of parole approval. Additionally, an individual’s criminal history, including prior convictions and parole violations, can significantly impact the parole board’s decision

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What to Know About State Writ of Habeas Corpus in Texas

 Posted on January 11,2024 in Writs of Habeas Corpus

Conroe State Writ of Habeas Corpus LawyerThe state writ of habeas corpus is a fundamental legal concept that protects individual rights in Texas. A state writ of habeas corpus may be worthwhile if you have been convicted of a crime and are currently pursuing post-conviction relief. To get started on the process of fighting your wrongful conviction or unfair sentence, contact an experienced Texas criminal defense lawyer. Experienced legal guidance is imperative as you navigate state law and pursue a favorable conclusion to your legal situation.

Definition and Purpose of State Writ of Habeas Corpus

In Texas, the state writ of habeas corpus is a legal mechanism that allows individuals to challenge their detention or imprisonment. Its purpose is to safeguard against unlawful or unconstitutional imprisonment by providing a means for people to seek relief from wrongful confinement. A state writ of habeas corpus in Texas is essential for protecting individual liberties and ensuring that the justice system operates fairly and justly.

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Facing Marijuana-Related Charges in Texas

 Posted on December 15,2023 in Appeals

Montgomery County Texas drug crimes defense lawyerMarijuana laws vary significantly across different states, and Texas has some of the strictest regulations regarding the possession and use of marijuana and products containing THC, such as e-cigarettes, lotions, waxes, and more. For those unaware, THC is the psychoactive compound found in marijuana. Understanding the legal consequences associated with these charges is crucial for individuals to make informed decisions as they seek to fight such charges and pursue a favorable case conclusion. And there is no better way to navigate the legal system than to hire a professional. Your lawyer will be your guide through all facets of your case.

Possession of Products Containing THC in Texas

In Texas, possession of marijuana products containing THC is illegal under state law. The severity of the penalties depends on the amount of THC involved and the circumstances surrounding the possession. Possession of less than two ounces of marijuana or products with THC is considered a Class B misdemeanor, leading to 180 days in jail and a fine of up to $2,000. Meanwhile, possession of two to four ounces is a Class A misdemeanor, carrying a potential jail term of one year and a fine up to $4,000.

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Is Fleeing a DWI in a Vehicle a Felony Offense?

 Posted on November 10,2023 in Uncategorized

Conroe Criminal Lawyer

Driving while intoxicated (DWI) is a serious crime in Texas, and attempting to flee the scene can lead to even more severe consequences. In Texas, fleeing the scene of a DWI in a vehicle can result in felony charges being brought against you. If you are facing felony charges related to fleeing the scene of a suspected DWI, you must seriously consider hiring a criminal defense lawyer. When facing charges such as this, you need to do everything in your power to fight for your rights and freedom. Hiring a lawyer is a wise first step in combating these very serious charges.

Understanding DWI Laws in Texas

It is well known that in Texas, a person is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08 percent or higher. A DWI conviction can result in prison time, alcohol education classes, license revocations, and more. However, the severity of the offense 

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Can My DWI Be Charged as a Felony? 

 Posted on October 11,2023 in Uncategorized

Conroe Criminal LawyerIn Texas, a DWI (Driving While Intoxicated) offense can be charged as a felony. While a first-time DWI offense is typically a misdemeanor offense, subsequent offenses or specific aggravating factors can elevate the charge to a felony. If you have been charged with felony DWI, you need to seriously consider hiring a lawyer. Failing to hire a lawyer will almost certainly result in a negative case outcome.

Understanding When DWI is Considered a Felony 

Here are examples of when DWI can be charged as a felony, including:

  • Intoxication assault – A DWI can also be charged as a felony if it causes serious bodily injury to another person. This offense, referred to as intoxication assault, is considered a third-degree felony in Texas. If it can be proven that the driver was operating their vehicle while intoxicated and caused an accident resulting in serious bodily harm to another person, they could face felony charges. 

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Should I Settle My Criminal Case or Go to Trial?

 Posted on September 29,2023 in Uncategorized

Conroe, TX criminal defense lawyerWhen facing criminal charges, one of the most significant decisions someone can make is whether to try and settle a case by making a plea bargain with the prosecution or try to avoid a conviction by going to a trial. Like with any important decision, there are important factors to consider, as this decision will likely have a major impact on your reputation, freedom, and future. To help you evaluate your options as you navigate the Texas criminal justice system, contact an attorney to discuss how best to move forward. 

What Are the Advantages of Taking a Plea Bargain?

Here are some examples of the advantages of taking a plea deal, including:

  • Increased certainty – By choosing a plea deal, you gain more control over the outcome of your case. Negotiating a plea deal allows you to have a say in the terms of your sentencing, potentially leading to a more favorable resolution. 

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