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Texas has unfortunately been at the forefront of the national opioid crisis, with fentanyl – an extremely potent synthetic opioid – causing thousands of deaths over the past few years. However, there is some good news. The Texas Department of State Health Services (DSHS) recently reported a nearly 20% decrease in fentanyl-related poisoning deaths over…
Read MoreTexas is known for its strong support of the Second Amendment and the right to bear arms. But, like any other state, there are rules and restrictions that gun owners must follow. It doesn’t matter whether you’re a lifelong Texan or new to the state – understanding your rights and responsibilities is important to stay…
Read MoreStatutory rape laws in Texas can be confusing, especially for teens and young adults having relationships for the first time. These laws are meant to protect minors, but they can have life-altering effects for those accused of violating them. Understanding the law is the first step to protecting yourself or your child from a criminal…
Read MoreIf you or someone you love have been accused of providing alcohol to a minor in Texas, you need to understand the law and your rights. Texas House Bill 420 addresses this issue, setting clear guidelines and penalties for supplying alcohol to individuals under the legal drinking age. A single mistake or misunderstanding can lead…
Read MoreIf you or a loved one are facing jail time in Copperas Cove, you could reduce this time through something called “shock probation.” Shock probation is a unique form of probation granted by Texas courts after you’ve served a short time in jail. The idea behind shock probation is just like it sounds—to “shock” someone…
Read MoreWhen you’re facing criminal charges in Copperas Cove, Texas, you have a variety of ways to defend yourself in court. In many cases, it’s more than just about disproving evidence. Bringing in character witnesses is a good way to show that you’re more than the sum of the accusations against you. A good character witness…
Read MoreIf you’ve been charged with a hit-and-run in Killeen, you might feel stressed about what happens next. It can be frightening to face this charge, especially if you’re unsure of your rights and how to protect them. The Killeen criminal defense attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers are here to help.…
Read MoreAssault charges are serious, but you don’t have to face the charges alone. Whether you’re dealing with accusations from a heated argument that got out of hand, a misunderstanding, or something more complicated, the attorneys at Mary Beth Harrell Criminal Defense and DUI Lawyers are here to help. What is assault? In Texas, assault covers…
Read MoreOn television and in the movies, bail seems to be a pretty straightforward process. The judge announces, “bail is set at X dollars,” bangs the gavel, and the defendant convinces a loved one to get the money together. Depending on the dollar amount the judge orders and the defendant’s or their loved one’s finances, the…
Read MoreMary Beth Harrell, a criminal defense attorney with more than 25 years of experience recently wrote an insightful article on the Texas Compassionate Use Program (CUP) for medical marijuana, which was published in Voice for the Defense. CUP offers important new avenues for those who could benefit from THC-based treatments. As an attorney who often…
Read MoreIn Texas, the severity of an offense will determine the criminal sentencing guidelines. The state categorizes offenses into different classes – misdemeanors and felonies. While those classifications and the guidelines play a role, the circumstances of the offense, the defendant’s criminal history, and other factors will all influence the actual sentence. How Texas courts determine…
Read MoreCriminal defendants are protected by the Constitution and other laws. The strict regulations surrounding the criminal justice system, from arrest to appeal, helped to shape a somewhat predictable process. However, this process is new and potentially overwhelming for those who have not had run-ins with the criminal justice system in the past. Here is an…
Read MoreFacing criminal charges can be confusing and frightening. The situation is often made worse because of the complex industry-specific legal language that law enforcement, prosecutors, and others in the system may use. If you were charged with a crime, learning a little about the process, criminal statutes, and possible penalties can help you understand what…
Read MoreThe right to an attorney is one of the most important legal protections for anyone accused of a crime. Your lawyer is on your side to make the process as fair as possible. Remember that the consequences of a criminal conviction, whether it’s a misdemeanor or a felony, can impact every aspect of your life.…
Read MoreMary Beth Harrell will be the featured speaker for the upcoming Criminal Justice Programs’ Defending Veteran Clients event. The online session will take place on October 30, 2024, from 12:00 PM to 1:00 PM CST. Hosted by the Criminal Justice and Actual Innocence Programs, this event aims to provide valuable insights into representing veteran clients…
Read MoreUnder the law, you are innocent until proven guilty. However, if you are arrested, you might feel like the odds are stacked against you. In this situation, it is important to understand that you are entitled to certain legal protections during an arrest and beyond. Unfortunately, if you don’t know those rights, you may not…
Read MoreThe three strikes law in Texas is a significant and controversial component of the state’s criminal justice system. It represents an effort to impose severe penalties on repeat offenders, particularly those with multiple felony convictions. Origins and purpose of the three strikes law The concept of the three strikes law emerged in the United States…
Read MoreSealing an arrest record in Texas, also known as obtaining an order of nondisclosure, offers a way to minimize the impact of an arrest on your future. Even if charges were dropped or you were acquitted, an arrest record can still affect your life by showing up in background checks conducted by employers, landlords, and…
Read MoreIf you’ve been charged with possession of a controlled substance while armed in Texas, you’re facing serious legal consequences that can affect your life for years to come. At Mary Beth Harrell Criminal Defense and DWI Lawyers, we understand the gravity of these charges and are ready to help you navigate the legal system. Here’s…
Read MoreIf you’re dealing with the aftermath of a federal conviction, you may wonder if it’s possible to clear your criminal record. Understanding the options for expungement or other forms of relief can be complex, especially given the distinctions between federal and state legal systems. At Mary Beth Harrell Criminal Defense and DWI Lawyers in Copperas…
Read MoreIf you find yourself under investigation but have not yet been arrested, you might wonder whether it is necessary to hire a criminal defense attorney. The answer is a resounding yes. Securing legal representation at this stage is vital to protect your rights, understand the investigation’s implications, and strategically navigate the legal process. Today we…
Read MoreTaking a lie detector test, also known as a polygraph, is a complex decision. From the perspective of a criminal defense law firm, there are several critical considerations to weigh before deciding whether to take such a test. This article will explore the nature of lie detector tests, their reliability, legal implications, and strategic considerations…
Read MoreThe short answer: Absolutely. While the presumption of innocence is a cornerstone of the American justice system, the reality of a criminal investigation can be far from fair. Even if you are certain of your innocence, the consequences of a criminal conviction are severe. A skilled criminal defense attorney can be your most valuable asset…
Read MoreWhen faced with the prospect of a police investigation, many people wonder whether they should talk to the police. This question is especially pertinent if you find yourself at the center of an investigation. At Mary Beth Harrell Criminal Defense and DWI Lawyers, our primary concern is protecting your rights and ensuring you receive the…
Read MoreGetting arrested for marijuana possession can be a frightening and confusing experience. Texas, in particular, has some of the strictest marijuana laws in the country. However, being arrested doesn’t mean you’re automatically guilty. Here’s what to do after a marijuana possession arrest in Texas: Stay calm and know your rights Panic can cloud your judgment…
Read MoreGetting pulled over by the police can be a stressful experience, especially if you’re unsure of your rights or the validity of the stop itself. Navigating traffic stops in Copperas Cove is even more concerning with the presence of Fort Cavazos and a higher volume of law enforcement activity. Often, what begins as a routine…
Read MoreDomestic violence is a serious issue, and accusations can be life-altering. But what happens if you find yourself on the wrong side of a false allegation? Being wrongly accused of domestic violence can be incredibly stressful, leaving you confused, angry, and potentially facing legal repercussions. This can cause devastation throughout your personal and professional life.…
Read MoreTexas has a strong gun culture, and our gun laws reflect that. However, even in the Lone Star State, gun ownership comes with legal responsibilities. If you’re ever arrested with a gun in Texas, you need to understand your rights and take the proper steps to protect yourself. Keep the following in mind if you…
Read MoreCannabidiol (CBD) has taken the wellness world by storm, touted by many for its potential to alleviate a variety of ailments. However, for Texans considering CBD use, legal grey areas can create confusion. Today we want to take a dive into the legality of CBD in Texas, addressing our clients’ common questions and offering insights.…
Read MoreThe role of an expert witness in a gun trial is vital to your case. Expert witnesses bring specialized knowledge and insight into various aspects of firearms, ballistics, forensics, and psychology, among other fields. Leveraging these witnesses’ expertise can be instrumental in building a strong defense strategy on your behalf. Expert witnesses play an important…
Read MoreFacing firearms charges can be an incredibly stressful and daunting experience for anyone. Whether you’re accused of unlawful possession, improper use, or any other firearm-related offense in Killeen, the consequences can be severe, potentially impacting your freedom, rights, and future opportunities. For such challenging times, having the right criminal defense attorney by your side is…
Read MoreThe Castle Doctrine is a legal doctrine that designates an individual’s home (or, in some cases, vehicle or place of business) as a place in which that person has the legal right to defend themselves against an intruder without facing legal repercussions. Texas, with its strong emphasis on individual rights and property protection, has codified…
Read MoreIn the evolving landscape of marijuana legislation, the distinction between traditional marijuana and cannabis concentrates like hash and THC concentrates is becoming a focal point for law enforcement, legislators, and defense attorneys alike. Texas, with its historically stringent drug laws, treats these concentrated forms of cannabis differently from regular marijuana. To understand your legal rights,…
Read MoreMuzzleloaders are popular in Texas. Often associated with historical firearms, they are commonly used in hunting and shooting sports, particularly in contexts such as black powder shooting competitions or historical reenactments. What is a muzzleloader? A muzzleloader is a type of firearm that is loaded through the muzzle (the open end of the gun barrel)…
Read MoreTwenty-four states and the District of Columbia have legal recreational marijuana, but it remains illegal at the federal level, where it is categorized as a Schedule I drug, alongside controlled substances like heroin and LSD. Texas has strict laws forbidding the use of cannabis. However, delta-8 THC, which is acquired from hemp rather than marijuana,…
Read MoreTexas has a long and complicated relationship with firearms, including when those possessing the guns are minors. Here are some common questions people have about minors and firearm laws in Texas: Can a parent legally gift a gun to a child in Texas? Under Texas law, a person cannot give or sell a firearm to…
Read MoreTexas is known for being tough on drug crimes. The state has some of the strictest drug laws in the U.S., with severe penalties for drug-related offenses. Texas classifies drugs into different penalty groups based on their potential for abuse and their medicinal value, with penalties ranging from fines to lengthy prison sentences, depending on…
Read MoreMany people assume that pleading “no contest” is the same as pleading guilty in a criminal case. However, there are some key differences. Before you decide what plea to enter in your case, ensure you speak with an experienced criminal defense attorney first. In a criminal case, a plea of “no contest” (Latin: nolo contendere,…
Read MoreIf you’re convicted of a crime, there’s a lot at stake – your freedom and your finances, to name two. Once you serve your time and fulfill your obligations, you should be able to walk away and pick up your life right where you left it, right? Unfortunately, this is not often the case. We…
Read MoreThe short answer? You can. Effective September 2023, individuals in Texas can be charged with murder if they provide someone with a fatal dose of fentanyl. House Bill 6 also classifies overdoses from fentanyl as “poisoning” as an alternative to “toxicity” on death certificates. Just a few months ago a grand jury returned the first…
Read MoreIn Texas, the law allows for the open carry of firearms in certain circumstances, and it is generally legal for individuals to carry handguns in plain view in a shoulder or belt holster. However, brandishing a weapon in a manner that causes a reasonable person to fear for their safety or intentionally displaying a firearm…
Read MoreMethamphetamine (meth) abuse and production are significant concerns in Texas, as well as in many other states across the country. High-purity, inexpensive meth is readily available in our state, and as a result, the drug is widely abused, especially in rural areas. What is meth? Short for methamphetamine, meth is a powerful and highly addictive…
Read MoreHaving a previous domestic violence charge made against you is bad enough, but when you face another allegation of domestic violence, Texas district attorneys can pursue a charge of continuous family violence against you, even if the incidents occurred in different counties and jurisdictions. Continuous family violence, also known as Rachel’s Law, is a Texas…
Read MoreIf you are accused of assault in Texas, additional charges might be filed, depending on the circumstances surrounding the alleged assault. The specific charges can vary based on factors such as the severity of the assault, the presence of weapons, the relationship between the parties involved, and whether certain aggravating factors are present. Here are…
Read MoreTexas is one of 26 states in which marijuana possession remains illegal, despite the fact that an August 2022 Dallas Morning News/UT-Tyler poll found that 72 percent of Texas voters support legalizing marijuana for medical use, and 55 percent favor legalizing it for recreational use. Texas also has a somewhat unique approach to marijuana possession…
Read MoreTexas is set to enact 31 new laws, and new sections of 13 others, starting January 1, 2024. A significant number of them relate to our tax laws, though one creates a new court system for business cases, which we think is a good idea. But as criminal defense lawyers, our primary concern is for…
Read MoreTexas prides itself on its “tough on crime” reputation, and the state takes criminal prosecutions extremely seriously. According to Prison Legal News, nearly 250,000 people are being held in jails and prisons throughout Texas. If Texas was a country, its incarceration rate would rank eighth among all the countries in the world. Over 700,000 people…
Read MoreSome might assume that aggravated assault and deadly conduct are basically the same type of crimes. However, deadly conduct and aggravated assault are actually two distinct criminal charges in Texas, each with its own legal definitions, elements, and penalties. Under Texas law, the critical difference between aggravated assault and deadly conduct lies in the intent…
Read MoreTexas has specific laws regulating the possession and use of THC (delta-9-tetrahydrocannabinol) and THC-containing products. Texas law distinguishes between low-THC cannabis products, such as medical CBD, and THC-containing products that are not derived from low-THC cannabis. What is THC, and how does it relate to cannabis? Delta-9-tetrahydrocannabinol, commonly known as THC, is the psychoactive compound…
Read MoreIn Texas, faking a drug test can lead to criminal charges and legal consequences. While the specific charges and penalties can vary depending on the circumstances, some common legal implications associated with faking a drug test in Texas may include: Tampering with evidence Under Texas law, faking a drug test can lead to charges of…
Read MoreResisting arrest can lead to various charges, including felony assault. However, it typically does not automatically result in serious charges. In Texas, resisting arrest is generally defined as intentionally preventing or obstructing a law enforcement officer from making a lawful arrest. This can involve a range of actions or behaviors, and the specific criteria for…
Read MoreThose who abuse tranq—the powerful animal tranquilizer xylazine—face a high risk of overdose, and those who supply it could face serious legal consequences. According to the U.S. Centers for Disease Control and Prevention (CDC), the number of fatal opioid overdoses linked to tranq rose by 276 percent from January 2019 through June 2022, the largest…
Read MoreFolks tend to think of laws as specific to the federal government or to their states’ governments. The fact is, just about every city in Texas has its own set of ordinances and regulations about what you can and cannot do. For the most part, these ordinances fall within the greater context of the laws,…
Read MoreHere in Texas, driving while intoxicated (DWI) is a serious criminal offense that can have significant consequences on your life and livelihood. While alcohol-related DWIs are well-known, there is growing concern about marijuana-related DWIs as cannabis legalization efforts gain momentum across the country. Before getting into marijuana DWIs, you should understand our DWI laws. In…
Read MoreThere are few experiences more frightening than being charged with a crime. Texas has always prided itself on its “tough on crime” reputation, and it takes criminal prosecutions very seriously. It takes its penalties seriously, too. Prison Legal News, a monthly magazine published by the non-profit Human Rights Defense Center, says Texas is “more or…
Read MoreFacing assault charges can be a frightening and life-altering experience. The potential consequences of a conviction, including lengthy prison sentences and a permanent criminal record, make it important to mount a strong defense. The strategies our attorneys will use for your defense may vary based on the circumstances of your case, but also on the…
Read MoreWhen facing marijuana possession charges, it’s essential to mount a strong defense to protect your rights and future. Defending against these charges often involves understanding legal concepts such as “constructive possession” and “intent,” which play a crucial role in establishing guilt or innocence. Understanding constructive possession Constructive possession is a legal concept used to establish…
Read MoreIn the digital age, social media has revolutionized the way we communicate, allowing individuals to connect, share, and express themselves around the globe. However, the widespread use of social media platforms has also given rise to new challenges and legal issues, especially when it comes to criminal offenses. This is particularly true in cases when…
Read MoreIn recent years, the criminal justice system has increasingly recognized the need for alternative approaches to addressing drug-related offenses. Drug court programs have emerged as a vital component in this issue, offering an innovative way to address substance abuse issues and provide rehabilitation for offenders. In Texas, these programs have gained prominence as a means…
Read MoreIn the state of Texas, assaults are taken seriously by the legal system, particularly when the victim is a public servant. Assault on a public servant is a severe offense that carries significant legal consequences. Assault on a public servant occurs when an individual intentionally, knowingly, or recklessly causes bodily injury to a public servant…
Read MoreThey’re just THC gummies, right? They can’t be that dangerous or get me into much trouble, you might think. Think again. These small candies can get you into big trouble here in Texas. Even though these innocent-looking gummies look much safer than smoking pot, the end result is still the same – you can still…
Read MoreA grand jury in San Angelo recently indicted a man for allegedly firing two gunshots at a vehicle last December. In an interesting twist to the case, the man had already confessed to the crime – to the victim – via Snapchat. Per Concho Valley Homepage, Santana Garcia was indicted this past June for deadly…
Read MoreA recent traffic stop in Killeen resulted in the seizure of several pounds of drugs and two arrests, per 6 News. According to the publication, a routine traffic stop netted “3.4 lbs. of methamphetamine, 4.2 lbs. of marijuana, 14.3 grams of ecstasy, 8.12 grams of cocaine, 16.74 grams of fentanyl (M30 pills), 5.64 grams of…
Read MoreThe state of Texas recently passed a bill that extends the statute of limitation on several offenses, including misdemeanor and felony assault. These are serious offenses and these extensions now give law enforcement more time to prosecute. It is crucial that, if you are accused (or think you may be accused) of assault, you get…
Read MoreWe understand the complexities surrounding family assault charges related to dating violence. Despite not being a legal member of the family, certain laws concerning family assault charges expand the term “family” to include other folks as well. These charges can arise when a person involved in a dating relationship is accused of causing harm or…
Read MoreIn our state of Texas, burglary charges encompass accusations of unlawfully entering a house, building, or vehicle. Referred to as “burglary of habitation,” it is crucial to recognize that burglary charges can be filed even in cases where no theft occurred. Understanding the definition of burglary, the specific charges you face, and the potential consequences…
Read MoreTexas is known for being tough on crime. The state’s reputation came into play recently when a man pleaded guilty to a DWI charge, making it his 9th DWI conviction. He was sentenced to life in prison. A Weatherford jury has sentenced Christopher Faran Stanford to 50 years to life in prison after he was…
Read MoreResponsible gun ownership and adherence to applicable laws are fundamental principles upheld by proponents of gun rights. The lawful use of firearms is crucial to protect individual liberties, personal safety, and the preservation of one’s property. It is important to recognize that responsible gun ownership entails understanding and complying with the legal framework surrounding firearms.…
Read MoreDisciplining a child can be a tricky subject, as it is a parent’s responsibility to teach their child right from wrong while ensuring their safety and well-being. However, when discipline becomes abusive, it can cross the line into criminal behavior. In Texas, what you see as discipline can lead to a charge of continuous family…
Read MoreDriving while intoxicated (DWI) is a serious offense in Texas that can result in severe legal penalties, including fines, license suspension, and even jail time. If you are facing a DWI charge, it is crucial to understand the evidence that may be used against you in court. While your arresting officer may have had you…
Read MoreUnder the US Constitution, criminal defendants are given the right to face their accusers. Implied, though not directly stated, is the right of an alleged victim to face the perpetrator of a crime. The whole point of a criminal trial is to give both sides a chance to tell their stories and have an impartial…
Read MoreYou have worked diligently your whole life and undergone highly scrutinized background checks. Maybe you provided years of loyal service in a state or federal position, but one mistake has put your career and professional reputation in jeopardy. This is the strict reality that a DWI charge can have if you hold a government position…
Read MoreAs good as it may feel to “get things off your chest,” posting on social media after you’ve been charged with a crime of any sort can only hurt you. Those accused of a violent crime like domestic violence or assault should definitely stop posting on all online accounts until their case is resolved, as…
Read MoreWhile no one wants to bring back Prohibition, we may want to reconsider just how casually we treat alcohol consumption in Texas. Not everyone can or should drink, and our love for partying and tipsy bonding is creating a culture of peer pressure most cannot resist. If someone is drinking to excess, we shouldn’t just…
Read MoreThe men and women who bravely serve our country deserve respect, grace, and opportunity when they return, but few, unfortunately, actually get any. Even though people may thank service people in public, the harsh reality is that more and more of our military veterans are being treated like monsters in private. It is no secret…
Read MoreMany of us have experienced it – if you’re reading this, you likely have as well. You’re driving home from an evening out and you see the familiar red and blue lights in your rear-view mirror signaling you to pull over. You had one or two drinks at dinner, so you’re a little worried about…
Read MoreNo two criminal charges are the same, even if they share many similarities and may be classed the same way. Everyone’s case is different, and therefore the charges they face will reflect that. Any criminal charges can carry serious consequences, of course, but certain crimes hold more weight than others, and in some scenarios, you…
Read MoreRecently, accused killer Alex Murdaugh took the stand in his double-murder trial, and at the same time an unflattering Netflix docuseries about the murders and his own family hit the airwaves. Pundits and experts across the country considered this a risky move, especially considering Murdaugh immediately confessed to what felt like dozens of lies. We…
Read MoreIf you have been charged with a criminal offense in Killeen, Copperas Cove, or anywhere in Central Texas, you may immediately start weighing your options. Should you plead guilty? But you are innocent! Should you fight your charges? But then you might get jail time! There are pros and cons to each, but no matter…
Read MoreIf you were charged with a crime, prosecutors may want to bring in eyewitnesses to help convict you. Or maybe you want to bring an eyewitness onto the stand to help prove your innocence. It seems like a great tactic to use for either side. After all, the eyewitnesses are the people who actually saw…
Read MoreGetting charged with a DWI at any age can be overwhelming. But getting arrested for a DWI in Copperas Cove when you’re under the legal drinking limit can be devastating. Texas actually has a zero-tolerance policy for anyone under the age of 21 who commits any type of alcohol-related offense, which of course includes drinking…
Read MoreMost people believe that when you get charged with a crime, you will typically have a trial and bring in a jury to determine whether you should be convicted or not. But what many people do not know is that you, as the defendant, actually have the choice of how you want your case to…
Read MoreMaybe you made a mistake. Maybe you were in the wrong place at the wrong time. Or maybe you feel that you have absolutely nothing to hide. Whatever the reason, if you find yourself in the company of police – particularly police who want to ask you questions and have you answer those questions without…
Read MoreHere in Texas, we have pretty strict laws about drinking and driving. A conviction for driving while intoxicated (DWI) can result in jail time, fines, and an ignition interlock device (IID) installed in your vehicle. These devices, similar to breathalyzers, are installed and wired to your car and prevent it from starting if you have…
Read MoreThe general term “assault” comprises a variety of crimes under the Texas penal code, ranging from misdemeanors to felonies. The Texas criminal justice system can be harsh and swift, and if you find yourself facing any type of assault charges, it’s important to get started on your defense as soon as possible. When you get…
Read MoreDriving while under the influence of alcohol or drugs is a serious crime that carries serious penalties, and with good reason. A driver who is intoxicated or high may drive recklessly or at the very least have delayed reaction times – either of which could result in an accident that injures or kills the driver…
Read MoreIt may begin with a traffic stop. Perhaps you run a light or fail to yield. Or maybe you encounter a sobriety checkpoint that you cannot avoid. Whatever the circumstances, if law enforcement pulls you over and suspects that you may be operating a motor vehicle while intoxicated by alcohol or drugs, you could face…
Read MoreMany assaults happen because a defendant was provoked by the victim. As a general rule, provocation is not a defense to the crime of assault. If you’re provoked, Texas law generally requires that you walk away or contact the local police. Fighting or using force if provoked is typically not an appropriate response. However, there…
Read MoreThere are many different types of defenses when you’re charged with a crime in Central Texas. Our Killeen criminal defense lawyers assert your Constitutional defenses. We hold the government to its burden to prove its case beyond a reasonable doubt. One defense that we regularly examine is whether you violated the precise terms of the…
Read MoreIt’s a common scene on television and in the movies. Two patrons get into a fight. In the old days of TV westerns, they might resolve their differences in a gunfight. Some shows and films would have a fight that escalated into involving everyone in the bar. A common scene shows one patron sliding completely…
Read MoreEveryone has their biases; even police officers. In theory, the police should judge everyone the same – no matter what type of car they drive, where they drive, or who is in the car. In reality, if you’re driving a bright red fancy sports car in the fast lane, even if you’re going the speed…
Read MoreTexas laws regarding guns can be difficult to understand. On one hand, the state allows people to carry handguns in public without a license to carry. On the other, if a person with no criminal history feels threatened and subsequently pulls their firearm from their holster, purse, or glove box, they could be facing a…
Read MoreInadvertently swerving into another lane, running through a red light, or momentarily driving over the speed limit are mistakes that many drivers make. However, that mistake can quickly become frustrating or even land you in handcuffs if you are stopped for driving while intoxicated (DWI) in Texas, whether you’ve been drinking or not. When are…
Read MoreBurglary can be an extremely serious (and confusing) crime in the state of Texas. Although burglary is most often connected with theft, illicit entry into a building to commit assault or any felony-level offense is also considered burglary under state law. Texans facing charges of trespass, burglary, or burglary of habitation often don’t know the…
Read MoreDomestic violence charges can have many severe consequences for the person accused, and a conviction could affect their lives in numerous ways: their options for employment, ability to rent an apartment or buy a home, right to own a firearm, and opportunity to care for and visit their children. Sometimes, domestic violence charges result from…
Read MoreWhen you think of violent crimes, your mind most likely goes to murder, rape, and assault. The last crime that you may think of when it comes to violent crimes is theft. But robbery is different. While technically a theft crime, it is also an assaultive crime, and as such, can be classified as a…
Read MoreIf you have ever been accused of driving while under the influence, then you are familiar with a blood test. Compared to a breath test or a field sobriety test, a blood test is one of the most accurate tests that you can take to identify your sobriety. Or is it? While a blood test…
Read MoreAs a parent, the thought of talking to your teen about sex can be uncomfortable. However, in this day and age, it is crucial. Even though sexual assault cases involving teens have happened for decades, it is even more prevalent now with human trafficking and statutory rape cases. There are many reasons why teens are…
Read MoreMost people associate a DWI charge with drinking alcohol. However, in Texas, this is only partially true. Under state law, a person is driving while intoxicated (DWI) when they are do not have the ordinary use of their mental or physical faculties because of consumption of alcohol, drugs, or a combination of those substances, or by exhibiting…
Read MoreIn March 2022, the Supreme Court of the United States heard oral in a case involving how predicate offenses – crimes that may be considered a component of a larger crime – are considered and classified under the Armed Career Criminal Act. SCOTUS reversed the decision made by the U.S. Court of Appeals for the Sixth…
Read MoreIf you have been arrested or charged with a crime, there are two words you do not want to hear in reference to your charges: federal or felony. Being charged with a federal felony offense can place the rest of your life in jeopardy. In one of the most important fights of your life, you…
Read MoreProtecting the people from injustice and harm is the main goal of laws in the first place. Upholding an American’s Constitutional rights must always come first, no matter who is involved or what the citizen is accused of doing. Of course, just because that is the law, does not mean it is always respected. Quotas…
Read MoreThere are few things more stressful, terrifying, and exhausting than being subjected to a formal police interrogation. Whether or not you are guilty of the crime, you’re still treated like a criminal. Most people never have to find this out the hard way, but those who do can be completely, 100% innocent and still end…
Read MoreIn the latest governmental move, a new safety feature may be added to vehicles. The feature in question would either be a touch or breath sensor that would test a driver to see if they have a blood alcohol level (BAC) of over .08 percent. This would then mean they would be unable to drive…
Read MoreThe topic of extradition can be a complex one. There was one particular case last year that brought into question the truly harsh conditions in Texas jails. A Scottish judge refused the extradition of a Scottish man who had allegedly shot a security guard in 2016 in Austin. While the denial of an extradition is…
Read MoreTexas is known for its tough handling of crimes and punishment. The sentences the state doles out are some of the most severe in the United States. From fines to prison time, Texas doesn’t take breaking the law lightly. So if you’ve been charged or convicted with a crime, you might be worried about the…
Read MoreSome crimes are more serious than others. After all, one would take being convicted of disorderly conduct over being convicted of murder, but often even the less serious charges have long-lasting and life-changing repercussions. Driving while intoxicated (DWI) is a serious offense under any circumstance, but people often take it lightly because of how common…
Read MoreNo, private militias are not legal in Texas. In fact, all 50 states prohibit private, unauthorized militias from engaging in activities reserved for the state militia, including law enforcement activities. What is a militia? There are government-sanctioned organized militias, like the Coast Guard, the Naval militia, and the “unorganized militia” which includes every male between…
Read MoreIt’s easy to think we know how the criminal process works. A criminal is arrested, read their rights, and then it’s off to jail with them. That’s how TV shows like Criminal Minds, NCIS, and Brooklyn 99 work, and if we haven’t been arrested ourselves, then why should we think otherwise? Or sometimes, we simply…
Read MoreEverybody has the right to discipline their child; whether that’s sitting them in the corner to think about their actions, taking away their video game consoles and phones, or even spanking them. It’s up to the parent to decide what’s best for their child. It’s important, however, that we know what’s too much, because sometimes,…
Read MoreDrugs are a problem nationwide. Heroin, cocaine, meth…they’re addictive, dangerous, and everywhere. Not only do they pose a threat and danger to those who use the drugs, but they also create trouble for others. The drug trafficking involved with getting the drugs into Texas, and the creation of more drugs in dens and basements causes…
Read MoreThe legal system can be complex and tricky to navigate, and if you’ve been charged with a crime, you may not quite understand why you’re being charged the way you’re being charged. For one man from Texas, this is exactly the case. Having started and ended a crime in his home state, one might assume…
Read MoreThe US Constitution’s Sixth Amendment provides that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state where the said crimes shall have been committed.” If you’ve been charged with any crime, you have the right to a fair trial. The selection…
Read MoreMany people use the holidays as a reason to drink a little more often, or in greater quantities, than they normally would. One holiday where celebrations and drinking go hand-in-hand is New Year’s Eve. People gather around to celebrate the start of something new. Many employers and friends host parties until well past midnight to…
Read MoreBeing charged with a crime of any sort is a challenge, but when the crime in question is a form of theft, the consequences can be severe. While not typically considered “violent” in and of itself, theft is thought to be a sign of moral failing, which means you may find yourself judged at every…
Read MoreHaving fun with your friends can be a wonderful thing. After a year in isolation, we all deserve to spend silly, quality time with those we care about, and for those of us over 21, that quality time may involve alcohol. While having a few brews with friends, we should be aware of how alcohol…
Read MoreGoing to trial can be exhausting, time-consuming, and confusing. When you are facing criminal charges, it can be frightening, too. The law is full of little intricacies, exceptions to rules, and rules without exceptions. However frustrating this may be, this level of detail is meant to protect you and your rights – as long as…
Read MoreTexas, in 2021, passed HB 558. “Colten’s Law” requires that police officers take DWI suspect’s blood sample and test the sample for drugs or alcohol: For certain intoxication charges; If the person refuses a request to voluntarily give a blood specimen; If the person drove a motor vehicle (or watercraft) involved in an accident; If…
Read MoreTexas passed a law in May 2021 that permits customers to buy alcoholic drinks from bars and restaurants without having to drink them in the restaurant or bar. The law began as an executive order by Governor Abbott to help restaurants and bars during the pandemic. Many restaurants and bars, by definition, require sales of…
Read MoreThe term “hate crime” entered the American vocabulary sometime in the 1980s and 90s, although the FBI investigated hate crimes as far back as World War I. Hate crimes are serious offenses and the court treats them as such. If you are facing hate crime charges, it is essential you understand the allegations against you…
Read MoreCharges for driving while intoxicated (DWI) can leave you facing a variety of penalties if convicted, depending on the circumstances of your arrest. However, if you are arrested for DWI while you have your child in the vehicle with you, your situation instantly becomes much more serious, and you may also risk child endangerment charges.…
Read MoreA recent federal court ruling rejected a defendant’s arguments that evidence of drugs seized at a FedEx sorting center were taken in violation of his Constitutional rights. The matter of interest in this case is the story behind it, which revealed a fact little-known to the public before now – that the international shipping company…
Read MoreThe United Nations’ Office on Drugs and Crime issued a World Drug Report in 2005, which estimated the size of the global illicit drug market at $320 billion. At the time, the primary concerns were opioids (specifically heroin) and cocaine. It has been 18 years, and the UN’s focus has shifted. In the 2020 report,…
Read MoreWhen the world shut down in March of 2020, courts across the nation had no choice but to halt legal proceedings and trials as a safety precaution. At the start of the new year, courts were struggling to find a way to hold trials in a safe environment. Bell County is looking to resume trials…
Read MoreTexas is primed to pass the most lenient Constitutional carry law in the United States. The change would allow anyone who is over the age of 21 to carry a handgun in the state without licensing or training. When Governor Abbott signs House Bill 1927 into law, Texas would become the largest state in the…
Read MoreAssault charges can lead to some serious consequences. Aggravated assault, particularly with a deadly weapon, can lead to felony charges and prison time. The definition of “deadly weapon” can be a tricky one. Although it typically means something like a gun, bat, or a knife, it can encompass anything that can cause physical harm to…
Read MoreDrug trafficking involves the unlawful sale, distribution, transportation, manufacturing, and import/export of controlled substances. This is a federal and felony crime and much more serious than drug possession. Also called drug distribution, penalties for conviction for drug trafficking can vary widely depending on the type of drugs involved, the quantity, and the geographic area of…
Read MoreVeterans are rarely violent criminals. It is simply not the military way of life. However, when a combat veteran is charged with a violent crime, like an assault, non-veteran prosecutors or district attorneys may ignore the underlying trauma and conditions which affect combat vets in ways civilians cannot understand. Defense attorneys with experience working with…
Read MoreThe Texas Tribune recently reported that former governor Rick Perry made a return to the Capitol to support a bill calling for a clinical study of psilocybin, commonly known as the active ingredient in “magic mushrooms.” This study is aimed specifically at evaluating the efficacy and safety of psilocybin for treating veterans suffering from post-traumatic…
Read MoreKratom is an herbal supplement derived from a tropical tree called the Mitragyna speciosa. This tree, which is member of the coffee family, is native to Southeast Asia, where people have used its leaves as both a sedative and a stimulant for centuries. Today, people worldwide tout the benefits of kratom for treatment of opioid…
Read MoreThousands of people across the United States are in prison due to wrongful convictions. Many of these wrongful conviction cases are due to false confessions. It can be difficult to understand why someone would confess to a crime they did not commit, especially crimes like murder or sexual assault. However, there are a variety of…
Read MoreTexas State Representative Brad Buckley, R-Killeen, has co-authored the “Second Look” Bill, legislation that would require the Texas Board of Pardons and Paroles to give certain youth offenders a second look at parole at 20 years, instead of 30 or 40 years. It also requires the Board to look at the personal growth and maturity…
Read MoreNew Mexico is poised to legalize recreational marijuana, with two bills approved and headed to the governor’s desk for signing. The bills, which Governor Michelle Lujan Grisham has praised, will legalize recreational marijuana for adults 21 and older, and expunge arrest and conviction charges for certain offenses. Retail sales are set to begin no later…
Read MoreInteractions with law enforcement can be stressful; especially if you are being arrested for a crime you may not have even committed. Not every police officer treats suspects gently, and it is natural to want to argue with or even resist the arresting officer in an overwhelming situation. However, resisting arrest here in Texas can…
Read MoreWill Texas be one of the next states to legalize marijuana? Although it has long felt unlikely here in the Lone Star State, a variety of bills introduced into this year’s legislative calendar might make legalization a reality. With more than a dozen marijuana-related bills pre-filed at the end of 2020, Texas could be poised…
Read MoreBeing pursued by a police officer – for whatever reason – is enough to activate many people’s fight-or-flight response. When forced to make an instinctual choice between the two, it might feel like “flight” is the proper option, especially when resisting arrest is another charge in itself. However, fleeing from arresting officers comes with its…
Read MoreMany people believe that strangulation, or choking, is a form of assault. And this is true – however, what many people are unaware of is that strangulation is a felony crime. Before 2009, choking or strangling was considered a misdemeanor assault, but legislature passed that year upped intimate partner strangulation and suffocation to a third-degree…
Read MoreThe online world gives people the opportunity to create entirely new personas and personalities. When someone can hide behind their laptop, creating a world that requires no proof that someone is who they say they are, they can create an environment rife for what’s called “catfishing.” Catfishing is using a false persona or identify to…
Read MoreViolating your probation can cause you some big problems with the Texas criminal justice system. Being put on probation in the first place means that the court trusted you enough to sentence you to probation instead of jail, so any violation of those conditions won’t be taken lightly. If you’re facing criminal charges or have…
Read MoreHere in Texas, deadly conduct is a criminal act committed when an individual engages in conduct that recklessly places others in immediate danger of serious injury or death. Typically this is reckless or careless use of a weapon and, depending on the circumstances, can be charged as either a misdemeanor or a felony. Texas criminal…
Read MoreYou may find yourself in a situation where you’re concerned that there may be a warrant out for your arrest. Perhaps you were involved in an assault, a domestic situation, or believe someone may have reported you for committing a crime. Many people believe that if there’s a warrant, the police or sheriff are going…
Read MoreDuring these strange and confusing times, everything we know about procedures and precedents has changed. Facing criminal allegations is stressful enough without the uncertainty of how your case may be handled in court, especially if those allegations might involve felony charges. Is your trial even able to take place? Does this pandemic change the way…
Read MoreRegardless of the state you live in, a capital offense is the most severe charge you can face, and therefore subject to the harshest of sentences. In Texas, there is only one capital charge: capital murder. If you are convicted, you can be put to death. In the state of Texas, for the crime to…
Read MoreIn April of 2020, a young Army specialist named Vanessa Guillén went missing from Fort Cavazos. In July, her remains were found in a shallow grave nearby. She had been beaten to death, and investigators suspected Spc. Aaron Robinson. As police closed in, he shot himself to death. Had Robinson lived, he would have faced…
Read MoreHome to Fort Cavazos (Fort Hood), an Army base with its own notorious reputation (especially since the kidnapping and subsequent murder of Spc. Vanessa Guillen), Killeen has an unfortunate relationship with serious criminal offenses. Annually, more than 500 violent crimes occur in this city alone, with a rating of 19 on a crime index of…
Read MoreWhat do you do when you’re in the wrong place at the wrong time and you’re accused and convicted of a crime you didn’t commit? What if it ends with a sentence of life in prison or worse, death? It’s a nightmare from which few innocent inmates believe they’ll ever wake up from. According to…
Read MoreThe last thing anyone facing a felony charge thinks about is what long-term consequences he or she might face other than how much time could be spent in prison. It is human nature to deal with the immediate problem before you rather than concerning yourself with the after-effects until they’re suddenly a problem. That’s why…
Read MoreBeing homeless can happen to anyone who runs across the wrong luck at the wrong time. When you’ve worked hard at being successful, losing it all can be devastating and even end in a mental breakdown. Many people who have experienced this can easily end up homeless living on the streets. Their new circumstances often…
Read MoreIt appears that off-post crime involving Fort Cavazos (Fort Hood) has gone underreported for quite some time, but now a number of servicemembers will find themselves in hot water. Stars and Stripes has named the Fort Cavazos the Army’s most crime-ridden post. An assessment was conducted of crime statistics and found that Fort Cavazos has…
Read MoreTexas billionaire Robert Brockman is about to find out just how serious tax fraud is. He’s been charged with committing fraud to the tune of $2 billion, making this the largest case of fraud ever against an American citizen. ABC News reports: Department of Justice officials said at a news conference that Brockman, 79, hid…
Read MoreIntoxication manslaughter charges are among the most serious in our state, with severe consequences upon conviction. Both prosecutors and organizations like Mothers Against Drunk Driving lobby for harsh penalties against offenders, and if you are facing intoxication manslaughter charges, you cannot underestimate what you are up against. What is intoxication manslaughter? Intoxication manslaughter falls under…
Read MoreHere in Texas, if you are accused of a crime, you may face additional penalties if you are a repeat offender. What this means is that the court can lay down more serious punishments upon conviction than you might face if it were your first offense. Felony repeat offenders can face much more severe punishments…
Read MoreIn order to lawfully use self-defense as a legal strategy, a defendant must prove his or her justification in taking assaultive actions based on either threats of violence or actual violence on the part of the other individual. Under Texas law, a person is not guilty of assault if he or she committed actions for…
Read MoreIn every state, including Texas, sex crimes are considered one of the most horrendous offenses. In the majority of cases, individuals convicted of a sex crime in the state are required to have their names added to the Texas sex offender registry. In 1994, Congress passed the Jacob Wetterling Crimes Against Children Act as part…
Read MoreDomestic violence accusations are some of the most serious you can face. However, in some cases, a charge of domestic violence may be issued mistakenly or without sufficient proof. If you are facing a charge of continuous family violence in Texas, it is important to know what you are facing in the justice system and…
Read MoreNo one gets in his or her car intending to kill someone. The penalties for DWI in Texas are significant enough without a death involved. Intoxication manslaughter is charged when a driver under the influence of alcohol or drugs causes a fatal motor vehicle accident. You may be arrested and charged with this crime even…
Read MoreArrests for operating a vehicle under the influence of drugs or alcohol also apply to operating watercraft. In most respects, the charges and penalties for boating while intoxicated (BWI) are the same as for driving a vehicle while intoxicated. The tests and measurements used to determine the level of intoxication are the same. In addition…
Read MoreNew drugs that pose dangerous health risks to users are being created all the time. A new form of methamphetamine is now raising alarms in East Texas. When drugs raise alarms, this means the manufacturers, sellers, and people in possession of these drugs will be the target of federal and state criminal drug enforcement actions.…
Read MoreRegardless of age, getting caught with the possession of marijuana in the state of Texas is no small deal. Minors (those under the age of 18) in Texas who are charged with marijuana related offenses may be subject to considerable legal penalties and consequences. However, at the same time minors may benefit from some leniency…
Read MoreIn a criminal trial, the prosecutor must present evidence that sufficiently convinces the jury or judge of the defendant’s guilt beyond a reasonable doubt. The evidence required to meet this burden of proof is often substantial and can be derived from extensive investigations conducted by law enforcement. The various forms in which this evidence may…
Read MoreAn Administrative License Revocation (ALR) hearing is the forum used to determine if your driver license should be suspended, because you were either arrested for Driving While Intoxicated (DWI), or refused to submit to breath or blood tests after being stopped for a DWI. You only have 15 days to request an ALR hearing, starting…
Read MoreAccording to the Texas Department of Public Safety, there were 74,165 arrests for aggravated assaults in Texas in 2018. More people were arrested for aggravated assault than for murders, rapes, and robberies combined. In short, aggravated assault charges are among the most common charges levied by law enforcement. In Texas, aggravated assault charges are felony…
Read MoreDuring these difficult times, there can be uncomfortable issues that we might not want to talk about, or don’t have anyone to vent to about, either. Family or domestic violence is one of them. Unfortunately, these things don’t stop in the face of a nationwide pandemic – and, in fact, they can become worse as…
Read MoreThe current coronavirus pandemic is a public health crisis affecting everyone in the country. There are some populations here in Texas, however, that may be more vulnerable than others. Our citizens who battle drug and alcohol addictions face challenges that can put them in risky situations for contracting or spreading the coronavirus, as well as…
Read MoreThe current COVID-19 pandemic has closed many courts across the state for the foreseeable future, save for emergency hearings and orders. Now, many Texans face uncertainty regarding their legal issues, whether they need representation for criminal charges or for a family law case. Mary Beth Harrell recently spoke to the Copperas Cove Leader Press regarding…
Read MoreAfter the initial trauma of being placed under arrest and taken into custody for the charge of DWI (Driving While Intoxicated), you will face a series of immediate consequences, one of which may involve the seizure of your driver’s license. At the time of your arrest, if you fail a breath or blood test, or…
Read MoreIn the state of Texas, any type or murder degree is designated as criminal homicide. Regardless of the degree assigned to a homicide offense, the consequences in every case are always severe. The highest level of murder defined under the Texas Penal Code is first-degree murder. Capital murder is a type of first-degree murder which…
Read MoreThis is a question I get asked a lot. It is understandable, as the thought of getting arrested for many people is scary. The process is something with which most people are not familiar. Knowing your rights and what to do if accused of a crime is important. In today’s blog, I will take you…
Read MoreIf you are ever arrested for a DUI in Killeen, the steps you take to protect yourself can greatly impact the outcome of the situation for you and those closest to you. You cannot afford to go into court alone, or to hire an inexperienced defense lawyer. You need someone on your side who knows…
Read MoreAt the most basic level, assault constitutes an act of inflicting unwanted physical contact upon a person or the threat to commit such an act. While this represents the definition of assault, it is much more complex. Classes of Assault The first element that makes assault cases complex is the different classes of assault. Misdemeanor…
Read MoreA sex crime accusation has serious consequences and can impact the rest of your life, damaging your personal and professional reputation. There are many different types of sex crimes and if you have been accused of a sex crime, it is important to understand what the differences are between the types of sex crimes. Indecency…
Read MoreMy client, John, walked out of Bell County district court with his “freedom papers.” His words, not mine. John’s road to freedom spanned thirteen years. Back in 2006, John was arrested for possessing a usable amount of cocaine during a raid on a drug house outside Fort Cavazos (Fort Hood). He was another homeless, jobless…
Read MoreAccording to the Substance Abuse and Mental Health Services Administration, 10.1 million people reported driving under the influence of illicit drugs in 2014. Even more individuals choose to use drugs without ever getting behind the wheel. Although drug use is more common than most people would like to admit, the reality is that being caught…
Read MoreIf you’re arrested for a DUI/DWI, it’s essential to understand the risks this poses for your future — especially if you opt to go it alone. If you are convicted of DUI/DWI – even your first – you will lose your driver’s license, pay a fine, court fees and surcharges totaling thousands of dollars. You…
Read MoreThere are many misconceptions when it comes to information about DUI/DWI. To help sort out any preconceived ideas about what might cause an arrest or whether a DUI charge will stick, here are five busted myths from our experienced DUI / DWI attorneys. 1. Only people who drink and drive get arrested. Not true. Sober…
Read MoreTake Your Case Seriously The cornerstone of our criminal justice system is that you are innocent until proven guilty. Unfortunately, the court of public opinion usually convicts without the evidence. While there are countless men and women who should be believed by law enforcement and loved ones when they come forward to tell their stories,…
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