Criminal Defense

The 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…

When 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…

Getting 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…

Texas 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…

Cannabidiol (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.…

The 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…

Muzzleloaders 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)…

Texas 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…

Many 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,…

If 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…

The 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…

In 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…

Methamphetamine (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…

Having 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…

Texas 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…

Texas 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…

Texas 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…

Some 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…

Texas 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…

In 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…

Resisting 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…

Those 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…

Here 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…

There 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…